MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO SEVER COUNTS RICHARD G. STEARNS , District Judge . In this clumsily structured sixteen-count indictment, two separate but related conspiracies are charged against defendants Gary DeCicco and Pamela Avedisian. Counts 1 and 2 charge DeCicco and Avedisian with wire fraud arising out of the short sale of a home at 321 Nahant Road in Nahant, Massachusetts. Counts 15 and 16 charge DeCicco and Avedisian with conspiring to impede the efforts of the...
MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO DISMISS ALLISON D. BURROUGHS , District Judge . Plaintiff HealthEdge Software, Inc. ("HealthEdge") seeks a declaratory judgment to establish that it did not breach its contractual obligations to Defendant Sharp Health Plan ("Sharp"). [ECF No. 1 ("Compl.")]. More specifically, HealthEdge asks the Court to enter a declaration that it: (1) did not breach the Software as a Service and Hosting Agreement ("SAAS"); (2) did not breach the second...
MEMORANDUM AND ORDER DENISE J. CASPER , District Judge . I. Introduction This case arises out of a series of agreements to fund the purchase and sale of branded vodka. D. 1. Plaintiffs CRG Financial, LLC ("CRG") and Claims Recovery Group, LLC ("Claims Recovery") (collectively, "Plaintiffs") have filed this lawsuit against Defendants Two Diamond Capital Corp. ("Two Diamond") and Medea, Inc. ("Medea") in connection with the loan facility and related agreements. D. 1. Medea has moved to...
ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE RICHARD G. STEARNS , District Judge . I agree with Magistrate Judge Cabell that the Commissioner correctly found that plaintiff McGowan is not disabled within the meaning of the Social Security Act. The Administrative Law Judge (ALJ) was patently correct in the assessment that the record evidence did not support McGowan's claims of debilitating back pain. Nor (like Magistrate Judge Cabell) do I read anything into the fact that the...
REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION TO REVERSE THE DECISION OF THE ACTING COMMISSIONER AND THE COMMISSIONER'S MOTION TO AFFIRM DONALD L. CABELL , Magistrate Judge . I. INTRODUCTION Plaintiff Megan McGowan seeks an order reversing a decision of the Acting Commissioner (the Commissioner) of the Social Security Administration (SSA) denying her application for Social Security Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) based on physical...
ORDER ON MOTION TO TAKE JUDICIAL NOTICE (DOC. NO. 105), MOTIONS TO DISMISS FOR LACK OF JURISDICTION (DOC. NOS. 119, 121), MOTION FOR LEAVE TO AMEND PLAINTIFF'S OPPOSITION (DOC. NO. 131) AND MOTION FOR ENTRY OF DEFAULT (DOC. NO. 134) LEO T. SOROKIN , District Judge . Pro se Plaintiff Tam s Nagy has struggled for almost three years to effectuate service on the numerous defendants in this lawsuit arising out of a child custody dispute that occurred in Hungary. See, e.g. , Doc. No. 32 (order...
MEMORANDUM & ORDER INDIRA TALWANI , District Judge . Following a drug and firearms investigation using a confidential informant, Plaintiff Herbert Davis was arrested in his home in Roxbury, Massachusetts. The arresting officer sought a criminal complaint the following day, and Davis was charged with both drug and gun crimes. Davis remained in custody on high bail for four months until a Superior Court judge reviewed the video of the purported firearm transaction—a video which shows a man...
MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO SUPPRESS TIMOTHY S. HILLMAN , District Judge . Introduction On October 5, 2016, Angel Cruz ("Defendant") rented a motor vehicle from Avis car rental in Maynard, MA. He listed the cooperating witness in this case ("CW") as an authorized driver. Cruz delivered the vehicle to the CW on October 5, 2016 along with approximately $25,000 in cash and instructed the CW to drive the vehicle to an address in California, deliver the money in exchange...
ORDER ON MOTION TO DISMISS (DOC. NO. 9) LEO T. SOROKIN , District Judge . Pro se plaintiff Patricia Ardele Smith sued Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2005-OPT4, Asset-Backed Certificates, Series 2005-OPT4 ("Deutsche Bank") and PHH Mortgage Services Corporation ("PHH") in state court, challenging the foreclosure sale of her home. The defendants removed the action to this Court and seek dismissal for failure to state a claim. For the reasons...
MEMORANDUM AND ORDER Patti B. Saris , United States District Judge . Plaintiffs Equal Means Equal ("EME"), The Nation Coalition Against Violent Athletes ("NCAVA") and three individuals 1 bring this action against the Department of Education ("DOE") and Betsy DeVos, in her official capacity as Secretary of Education. Plaintiffs allege that guidance documents issued by DOE in 2017 violate Title IX, the Administrative Procedures Act ("APA") and the Constitution. Defendants contend that the...
FINDINGS OF FACTS, RULINGS OF LAW, AND ORDER FOR JUDGMENT WILLIAM G. YOUNG , District Judge . I. INTRODUCTION On July 17, 2018 the chemical company T.H. Glennon ("Glennon"), which manufactures mulch coloring, commenced this action in the Massachusetts Superior Court sitting in and for the county of Essex, suing their former employee Shonn Monday for breach of contract, misappropriation of trade secrets under Massachusetts Law, interstate misappropriation of trade secrets under the Federal...
ORDER ON MOTION TO STRIKE (DOC. NO. 14), MOTION TO DISMISS (DOC. NO. 16), AND MOTION TO COMMENCE DISCOVERY (DOC. NO. 27) LEO T. SOROKIN , District Judge . Plaintiff Joseph Mantha brings a two-count complaint against Defendant QuoteWizard.com, LLC ("QuoteWizard") arising out of two text messages he received on August 12 and August 13, 2019, respectively. Doc. No. 1 31. Several motions are pending. See Doc. No. 14 (QuoteWizard's motion to strike); Doc. No. 16 (QuoteWizard's motion to...
ORDER INDIRA TALWANI , District Judge . Pro se Plaintiff Robert J. Pedreira Sr., a former federal prisoner, has filed a Complaint [#1] against the United States concerning conditions of confinement while he was incarcerated at FMC Devens. 1 Plaintiff represents that he has exhausted his administrative remedies with respect to a claim under the Federal Tort Claims Act ("FTCA"), but he characterizes his claims not as violations of the FTCA but as claims for violations of his rights...
ORDER INDIRA TALWANI , District Judge . Plaintiff Robert J. Pedreira, Sr., a former federal prisoner, proceeding pro se, filed a Complaint [#1] concerning conditions of his confinement while incarcerated at FMC Devens. The court directed the Clerk to issue summonses for the individually named Defendants, all of whom were sued for actions or omissions they allegedly took as employees of the Federal Bureau of Prisons ("BOP"). Defendants moved to dismiss the Complaint, arguing that...
ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE STEARNS , D.J. I agree with Magistrate Judge Cabell's thorough and careful analysis of the record and his conclusion that the Commissioner correctly found that plaintiff Valle was at all relevant times neither physically nor mentally disabled within the meaning of the Social Security Act. Like the Magistrate Judge, I find no reason to fault the Administrative Law Judge's (ALJ) assessment of the evidence regarding plaintiff's...
REPORT AND RECOMMENDATION ON THE PLAINTIFF'S MOTION TO REVERSE AND THE COMMISSIONER'S MOTION TO AFFIRM DONALD L. CABELL , Magistrate Judge . I. INTRODUCTION Plaintiff Yomaira Valle seeks an order reversing a decision of the Acting Commissioner (the Commissioner) of the Social Security Administration (SSA) denying her application for Social Security Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) based on mental and physical disabilities. (D. 16). The...
MEMORANDUM AND ORDER DENISE J. CASPER , District Judge . I. Introduction Plaintiff Hasson J. Rashid ("Rashid") filed a claim for disability insurance benefits ("SSDI") with the Social Security Administration ("SSA"). Pursuant to the procedures set forth in the Social Security Act, 42 U.S.C. 405(g), 1383(c)(3), Rashid brings this action for judicial review of the final decision of Defendant Commissioner 1 of the Social Security Administration ("the Commissioner"), issued by an...
Memorandum and Order TALWANI , D.J. Plaintiffs Marta Romero, Fabiana Santos, Gladys Fuentes, Santiago Cruz, and Milagro Alvarez brought suit against their former employer, Defendant McCormick & Schmick Restaurant Corp., d/b/a McCormick & Schmick's Seafood Restaurant ("McCormick & Schmick's"), alleging unlawful discrimination due to sexual harassment in violation of M.G.L. c. 151B. Before the court is Defendant's Motion for Summary Judgment as to Plaintiff Milagro Alvarez [#32]. 1 For...
MEMORANDUM AND ORDER DENISE J. CASPER , District Judge . I. Introduction Plaintiff Jeannette Logan ("Logan") has filed this lawsuit against Defendant Bank of America, N.A. ("Bank of America") alleging violations of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. ("FCRA") and the Massachusetts Credit Reporting Act, Mass. Gen. L. c. 93 54A ("MCRA") and against Defendant Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, not in its individual capacity, but...
ORDER ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DOC. NO. 24) AND MOTION FOR MEDICAL RECORDS (DOC. NO. 33) LEO T. SOROKIN , District Judge . Pro se Plaintiff Shawn T. McClinton sued the City of Boston and Lieutenant Leighton Facey for alleged constitutional violations that occurred when he was in police custody on October 5, 2017. The Court's September 18, 2019 Order summarizes the relevant allegations and defines the documents comprising the operative Amended Complaint. Doc. No....
