REPORT AND RECOMMENDATION SEAN P. FLYNN , Magistrate Judge . Plaintiff seeks judicial review of the denial of his claim for disability insurance benefits ("DIB"). As the Administrative Law Judge's ("ALJ") decision is not based on substantial evidence and failed to employ proper legal standards, it is recommended that the Commissioner's decision be reversed and remanded. PROCEDURAL BACKGROUND On August 8, 2014, Plaintiff filed an application for DIB (Tr. 209-10). The Commissioner denied...
REPORT AND RECOMMENDATION 1 PHILIP R. LAMMENS , Magistrate Judge . In his Amended Complaint, Plaintiff alleges that Defendant, Branch Banking and Trust Company ("BB&T") violated the federal Telephone Consumer Protection Act ("TCPA") and the Florida Consumer Collection Practices Act ("FCCPA") when it called him more than 700 times using an automated telephone dialing system ("ATDS) or a pre-recorded voice, all without his prior consent. See Amended Complaint, Doc. 18. Defendant has moved...
REPORT AND RECOMMENDATION EMBRY J. KIDD , Magistrate Judge . Plaintiff brings this action pursuant to subchapter XVI of the Social Security Act (the "Act"), as amended, 42 U.S.C. 405(g) and 416, to obtain judicial review of a final decision of the Commissioner of the Social Security Administration (the "Commissioner") denying his claim for Supplemental Security Income ("SSI") under the Act. Upon a review of the record, including a transcript of the proceedings before the Administrative...
REPORT AND RECOMMENDATION DANIEL C. IRICK , Magistrate Judge . This cause comes before the Court for consideration without oral argument on the Receiver's Verified Application for Authority to Pay Canadian Law Firm Blake, Cassells & Graydon LLP for Services Rendered and Costs Incurred (Doc. 240, the Motion). I. Background On June 4, 2018, the Federal Trade Commission (FTC) filed its Complaint for Permanent Injunction and Other Equitable Relief pursuant to Section 13(b) of the Federal...
REPORT AND RECOMMENDATION DANIEL C. IRICK , Magistrate Judge . This cause comes before the Court for consideration without oral argument on the following motions: • Receiver's Verified Third Application for Payment for Services Rendered (Doc. 241); and • Receiver's Verified Third Application for Payment for Services Rendered and Reimbursement for Costs Incurred by Akerman (Doc. 243). I. Background On June 4, 2018, the Federal Trade Commission (FTC) filed its Complaint for Permanent...
Report and Recommendation PATRICIA D. BARKSDALE , Magistrate Judge . On July 31, 2019, Richard Schatzel, proceeding without a lawyer, filed a complaint and paid the filing fee. Doc. 1. The Court struck the complaint because of pleading defects and directed him to file an amended complaint. Doc. 3. He timely filed an amended complaint against multiple defendants. Doc. 5. On September 19, 2019, the Court entered a notice informing Mr. Schatzel of procedural rules. Doc. 7. The Court...
REPORT AND RECOMMENDATION JULIE S. SNEED , Magistrate Judge . THIS MATTER is before the Court on Defendants' Motion for Entitlement to Recover Costs and Attorney's Fees Against Plaintiff ("Motion"). (Dkt. 71.) For the reasons that follow, the Court recommends that the Motion be denied without prejudice. BACKGROUND Plaintiff, Geraldine Kelly, brought this action against Defendants, Lee County R.V. Sales Company d/b/a North Trail RV Center ("North Trail") and Newmar Corporation ("Newmar")...
REPORT AND RECOMMENDATION THOMAS B. SMITH , Magistrate Judge . Pending before the Court in this Fair Labor Standards Act, 29 U.S.C. 201 et seq., case is the parties' Renewed Joint Motion for Approval of Settlement Agreement (Doc 21). After due consideration I respectfully recommend that the motion be DENIED. I. Background Plaintiff Heather Looby alleges that Defendants Physicians Resource LLC and Rochelle Cannon operate a third-party medical billing service where she worked at a...
REPORT AND RECOMMENDATION LESLIE R. HOFFMAN , Magistrate Judge . TO THE UNITED STATES DISTRICT COURT: Wesley Dalton (Claimant) appeals the Commissioner of Social Security's final decision denying his application for disability benefits. (Doc. 1). The Claimant raises two arguments challenging the Commissioner's final decision and, based on those arguments, requests that the matter be reversed and remanded for further proceedings. (Doc. 16 at 8-9, 11-14, 16). The Commissioner argues that...
REPORT AND RECOMMENDATION DANIEL C. IRICK , Magistrate Judge . This cause comes before the Court for consideration without oral argument on the following motion: MOTION: Plaintiffs' Renewed Motion for Entry of Default Final Judgment against Castle Marketing Group, LLC (Doc. 277) FILED: September 16, 2019 THEREON it is RECOMMENDED that the motion be GRANTED in part. I. Background On June 8, 2017, Plaintiffs filed a complaint against Defendants alleging numerous causes...
REPORT AND RECOMMENDATION DANIEL C. IRICK , Magistrate Judge . This cause comes before the Court for consideration without oral argument on the following motion: MOTION: Plaintiffs' Motion for Entry of Permanent Injunction Against Resort Relief, LLC (Doc. 279) FILED: October 3, 2019 THEREON it is RECOMMENDED that the motion be GRANTED in part. I. Background On June 8, 2017, Plaintiffs filed a complaint against Defendants alleging numerous causes of action...
REPORT AND RECOMMENDATION 1 PHILIP R. LAMMENS , Magistrate Judge . Upon referral, this employment discrimination dispute is before me on Defendants' Motion for Summary Judgment, to which Plaintiff has responded. (Docs. 62, 71, 82). As explained below, because Plaintiff has presented sufficient evidence to create an issue of material fact as to whether Defendant Sheriff Prendergast's proffered legitimate, nondiscriminatory reason for her demotion was a pretext for gender discrimination, I...
REPORT AND RECOMMENDATION 1 THOMAS B. SMITH , Magistrate Judge . Pending before the Court is Plaintiff's Amended Motion for Default Judgment Against Michael Maxwell Group, LLC on a Sum Certain. (Doc. 16). Upon due consideration I respectfully recommend that the motion be granted in part and denied in part. I. Background This is an action for damages pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq. ("FDCPA"), and the Florida Consumer Collection Practices...
REPORT AND RECOMMENDATION EMBRY J. KIDD , Magistrate Judge . This cause comes before the Court on the United States' Motion to Hold MarcGenson Marc, Advanced Tax Services, Inc., and Genson Financial Group, LLC in Contempt (the "Motion for Sanctions" or "Motion"). (Doc. 71.) Defendant, MarcGenson Marc, proceeding pro se, filed a response in opposition on November 5, 2019. (Doc. 73.) The Court heard oral argument on the Motion on December 5, 2019. (Doc. 79.) Upon consideration, I...
ORDER MARK A. PIZZO , Magistrate Judge . This is an appeal of the administrative denial of supplemental security income benefits (SSI), disability insurance benefits (DIB), and period of disability benefits. See 42 U.S.C. 405(g), 1383(c)(3). In her appeal, Plaintiff asserts the Administrative Law Judge (ALJ) erred by failing to find her fibromyalgia a severe impairment; by failing to find that she has work limitations caused by her mental problems; and by failing to find her dental...
ORDER ROY B. DALTON, JR. , District Judge . Plaintiff moves for an emergency injunction pending appeal. (Doc. 45 (" Appeal Motion ").) Defendant opposes. (Doc. 48.) On review, the Appeal Motion is due to be denied. I. BACKGROUND After removal from state court, Plaintiff ActivEngage (" ActivEngage ") moved for a preliminary injunction. ( See Docs. 2, 9.) ActivEngage alleged its former CEO and co-founder Defendant Todd L. Smith (" Smith ") violated the Florida Uniform Trade Secrets Act ("...
ORDER Bankr. Case No. 3:09-bk-7047-3F1. ROY B. DALTON, JR. , District Judge . Pro se appellant James R. Walton appeals the U.S. Bankruptcy Court's Order denying his Motion to File Core Petition Claim (Doc. 9-3 (" Bankruptcy Order ")). (Doc. 1.) Taylor Bean & Whitaker Mortgage Corps. (" TBW ") opposes. (Doc. 19.) The Court affirms the Bankruptcy Order. The Bankruptcy Order concluded the Appellant was precluded from pursuing claims against TBW by the confirmation order entered in TBW's...
ORDER AND OPINION JOHN E. STEELE , District Judge . This matter comes before the Court on plaintiff's Motion for Reconsideration (Doc. #34) filed on December 16, 2019. Plaintiff seeks reconsideration of this Court's December 10, 2019 Order and Opinion (Doc. #30) denying plaintiff's Motion to Remand. Defendant Monsanto Company filed an Opposition (Doc. #36) on December 30, 2019. Also before the Court is the parties' Joint Motion to Stay All Further Proceedings Except on Plaintiff's Motion...
OPINION AND ORDER JOHN E. STEELE , District Judge . This matter comes before the Court on review of defendant's Motion to Dismiss (Doc. #14) filed on November 19, 2019. Plaintiff filed a letter response (Doc. #16) on December 16, 2019. For the reasons stated below, defendant will be dismissed. I. Under Federal Rule of Civil Procedure 8(a), a Complaint must contain a "short and plain statement of the grounds for the court's jurisdiction", and a "short and plain statement of the claim...
AMENDED FINAL DEFAULT JUDGMENT IN A CIVIL CASE MARY S. SCRIVEN , Magistrate Judge . Decision by Court. This action came before the Court and a decision has been rendered. IT IS ORDERED AND ADJUDGED that Final Default Judgment is entered in favor of Plaintiff Sage Clavizzao and against Defendants, jointly and severally, in the total amount of $14,820, comprised of $7,410 in unpaid overtime wages and $7,410 in liquidated damages, for violations of the FLSA and $520 for breach of contract...
