ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE STEARNS, District Judge. I agree with Magistrate Judge Collings's Recommendation that the petition should be dismissed on its merits notwithstanding petitioner's failure to exhaust. The Clerk will enter a dismissal with prejudice and close the case. 1 SO ORDERED. REPORT AND RECOMMENDATION ON RESPONDENT'S MOTION TO DISMISS (# 14) ROBERT B. COLLINGS, United States Magistrate Judge. Title 28 U.S.C. 2254(b)(2) provides that "[a]n...
MEMORANDUM AND ORDER SARIS, District Judge. INTRODUCTION Defendant Wilkin Peguero-Martinez pled guilty to illegal reentry of a deported alien, 8 U.S.C. 1326, and on November 9, 2010, the Court held a sentencing hearing. The United States Sentencing Guidelines, 2L1.2(a), provide a base level of 8 for unlawful reentry, but the government argues that the defendant is subject to a 16-level enhancement under 2L1.2(b)(1)(A)(ii)-(iii) due to a prior guilty plea in state juvenile court as a "...
MEMORANDUM OF DECISION YOUNG, District Judge. I. INTRODUCTION The plaintiff, Jeffrey Manual Amaral ("Amaral"), brings this action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. 405(g), seeking judicial review of the final decision of the Commissioner of Social Security (the "Commissioner"). Amaral challenges the decision of the Administrative Law Judge (the "hearing officer") denying his application for Supplemental Security Income and Social Security Disability...
MEMORANDUM AND ORDER REGARDING DEFENDANT DEENA SANSONE'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION (Dkt. No. 23) PONSOR, District Judge. I. INTRODUCTION In September 2010, Plaintiffs Keith and Marie Harrell filed this amended complaint against Defendants Rusty Repp and Deena Sansone alleging defamation, injurious falsehood, commercial disparagement, violation of the Lanham Act, intentional infliction of emotional distress, and interference with business relationships. 1...
ORDER TAURO, District Judge. This court ACCEPTS and ADOPTS the August 16, 2010 Report and Recommendation [# 16] of Chief Magistrate Judge Dein. For the reasons set forth in the Report and Recommendation, this court hereby orders that Respondent's Motion to Dismiss Petitioner's Petition for a Writ of Habeas Corpus [# 9] is ALLOWED. This case is CLOSED. IT IS SO ORDERED. REPORT AND RECOMMENDATION ON MOTION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241 DEIN, United...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER SARIS, District Judge. This case involves the elimination of jobs at defendants Alcatel-Lucent USA, Inc.'s ("Lucent's") Merrimack Valley Works ("MVW") manufacturing facility in North Andover, Massachusetts. In the course of roughly one year, Lucent downsized its MVW workforce by approximately ninety percent, from approximately 3,400 to 340, through multiple rounds of layoffs and buyouts. Twenty-seven plaintiffs, who accepted voluntary...
MEMORANDUM & ORDER GORTON, District Judge. I. Factual Background After a jury trial in the Massachusetts Superior Court Department for Suffolk County, Michael McAfee ("McAfee") was convicted of first-degree murder on the theories of deliberate premeditation and extreme atrocity or cruelty, assault and a firearms charge. He was sentenced to life in prison for the first-degree murder conviction and concurrent terms of nine to ten years for the assault conviction and four to five years for...
MEMORANDUM & ORDER GORTON, J. This action is before the Court on remand from the First Circuit Court of Appeals. I. Background In September, 2008, this Court entered a preliminary injunction ordering defendant William F. Galvin ("Galvin"), in his capacity as the Secretary of the Commonwealth of Massachusetts, to place the names of Bob Barr ("Barr") and Wayne A. Root ("Root") as the Libertarian candidates for president and vice president, respectively, on the Massachusetts ballot for the...
ORDER PATTI B. SARIS, District Judge. Denied. "After a review of the objections, I adopt the report and recommendation and deny the Motion to Dismiss." REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION DEIN, United States Magistrate Judge. I. INTRODUCTION Plaintiff Edvisors Network, Inc. ("Edvisors"), a Massachusetts corporation, has brought this action for trademark infringement against defendant Educational Advisors, Inc. ("Educational...
MEMORANDUM AND ORDER YOUNG, D.J. I. INTRODUCTION On March 22, 2010, the plaintiffs Saturn Management LLC ("Saturn"), Saturn Partners Limited Partnership II ("SPLP II") (collectively, "Saturn Entities"), and Jeffrey McCormick ("McCormick") filed a complaint against GEM-Atreus Advisors, LLC ("GEM-Atreus"), Arun Ganguly ("Ganguly"), Arup Ganguly Charitable Trust ("Ganguly Trust"), and Ganguly Technology Ventures, LLC ("Ganguly Ventures"). Compl., ECF No. 1. The complaint includes claims of...
REPORT YOUNG, District Judge. On October 28, 2010, the First Circuit retaining jurisdiction, remanded the matter of United States v. Custer to this Court to report on two questions, namely: 1) Why did this Court grant leave to appeal; and 2) on what basis did this Court deny Custer's motion for re-sentencing under 18 U.S.C. 3582(c)(2). This Court answers the questions as follows. 1. While appeals in criminal proceedings are not guaranteed by the Constitution, they provide a vital...
MEMORANDUM AND ORDER DOUGLAS P. WOODLOCK, District Judge. Through the motion now before me in this complex insurance litigation between Tocci Building Corporation of New Jersey, Inc. ("Tocci") and various of its primary and excess insurers, an excess carrier seeks dismissal of the claim against it. In the underlying litigation, Tocci faces two lawsuits in New York state courts seeking relief for property and other damages that occurred when a housing development— for which Tocci was the...
ORDER NATHANIEL M. GORTON, District Judge. Order entered adopting Report and Recommendations re [46] Report and Recommendations; granting in part and denying in part [14] Motion for Summary Judgment. Upon considerations of the objections of both parties thereto, Report and Recommendation is accepted and adopted. REPORT AND RECOMMENDATION ON BANCO DO BRASIL'S MOTION FOR SUMMARY JUDGMENT September 7, 2010 DEIN, United States Magistrate Judge. I. INTRODUCTION The plaintiff Banco do...
MEMORANDUM & ORDER GORTON, District Judge. In the instant case, plaintiff Jagex Limited ("Jagex"), the owner of an interactive computer game, has brought various claims against defendants Impulse Software, Eric Snellman and Mark Snellman for copyright and trademark infringement. Before the Court are defendants' motion to dismiss for lack of jurisdiction and plaintiff's motion for preliminary injunction. I. Factual Background Plaintiff Jagex, a foreign corporation organizing under the...
MEMORANDUM & ORDER GORTON, District Judge. This case arises from a trademark dispute between plaintiff Peoples Federal Savings Bank ("Peoples Federal") and defendant Peoples United Bank ("Peoples United"). Peoples Federal objects to the rebranding by Peoples United of several recently-acquired banks in Eastern Massachusetts with the latter's mark. Before the Court is plaintiff's motion for a preliminary injunction. I. Factual Background The following facts are as alleged in the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW SARIS, District Judge. TABLE OF CONTENTS I. INTRODUCTION AND SUMMARY .................................................. 37 II. FINDINGS OF FACT .......................................................... 39 A. Kaiser Foundation Health Plan and Kaiser Foundation Hospitals .......... 39 1. Kaiser's Proactive Drug Management .................................. 39 2. Kaiser's Placement of Neurontin on Formularies ...................... 40 B. Marketing...
MEMORANDUM AND ORDER REGARDING DEFENDANT'S MOTION TO DISMISS DUE TO IMPAIRED INTEGRITY OF THE GRAND JURY (Dkt. No. 91) PONSOR, District Judge. On April 7, 2009, a federal grand jury returned an indictment against Defendant charging him with possession with intent to distribute more than five kilograms of powdered cocaine. At the same time, the government filed an Information pursuant to 21 U.S.C. 851(a)(1) identifying two prior convictions, from 1998 and 1992, for serious drug offenses....
MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT SAYLOR, District Judge. This is a declaratory judgment action arising out of a personal umbrella insurance policy issued by plaintiff RLI Insurance Company to defendant Beli R. Lima. Lima's 17-year-old son, defendant Henrique Rocha Santos, was involved in an automobile collision with defendant Maria Lopes in October 2006. Lopes filed a claim with RLI under Lima's policy. RLI denied coverage, stating that the policy was void because...
MEMORANDUM & ORDER GORTON, District Judge. Plaintiff, Yong Li ("Li"), is a former software engineer for Raytheon Company ("Raytheon") of Chinese descent. The defendant, Dr. Julia M. Reade ("Dr. Reade"), is a forensic psychiatrist at Massachusetts General Hospital. Li brings claims for 1) discrimination on the basis of race and national origin in violation of 42 U.S.C. 1981, 2) a violation of the Massachusetts Consumer Protection Act, Mass. Gen. Laws ch. 93A as defined by ch. 93, 98 and 3)...
MEMORANDUM AND ORDER REGARDING DEFENDANT'S MOTION FOR RECONSIDERATION OF MOTION TO DISMISS COMPLAINT TO REVOKE SUPERVISED RELEASE (Dkt. No. 91) PONSOR, District Judge. I. INTRODUCTION On December 19, 2002, Defendant Gilberto Ramos pled guilty to various drug-related crimes and was sentenced to a term of eighty-seven months imprisonment and five years of supervised release. Defendant's supervised release period began on May 8, 2009. Eight months later, on January 21, 2010, Defendant was...
