MEMORANDUM AND ORDER ON PLAINTIFF'S MOTION TO REMAND TO ESSEX SUPERIOR COURT (# 10) ROBERT B. COLLINGS, United States Magistrate Judge. I. Introduction On August 18, 2011, Pinnacle Service Solutions Group, Inc. ("PSSG") filed a complaint against AXA Equitable Life Insurance Company ("AXA") and Daniel G. Lowry ("Lowry") in the Essex Superior Court of the Commonwealth of Massachusetts asserting various claims arising from the refusal to pay on a life insurance claim. (# 5) AXA removed the...
MEMORANDUM AND ORDER REGARDING DEFENDANTS' MOTION TO DISMISS AND DEFENDANTS' MOTION REQUESTING JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS (Dkt. Nos. 16 and 18) PONSOR, District Judge. I. INTRODUCTION This multi-district litigation consists of two consolidated class action complaints. In the first (" Kennedy complaint"), four plaintiffs are suing Defendants The Coca-Cola Company, Gerber Products Company, and Mott's, LLP. In the second (" Littlefield complaint"), four plaintiffs are...
MEMORANDUM & ORDER CASPER, District Judge. I. Introduction Plaintiff Arthur J. Discipio ("Discipio"), a former employee of Defendant Anacomp, Inc. ("Anacomp"), has sued Anacomp and several co-defendants, all officers or board members of Anacomp, for damages arising out of the termination of his employment. In his amended complaint, filed on October 22, 2010, Discipio alleges violation of the Massachusetts Wage Act and breach of contract and seeks previously earned and/or accrued base...
ORDER YOUNG, District Judge. After considering Nadav Kalai's Motion to Dismiss ("Motion to Dismiss") and supporting memorandum, ECF Nos. 25, 26, Nieve Anjomi's ("Anjomi") Opposition to Defendant Nadav Kalai's Motion to Dismiss ("Anjomi's Opposition"), ECF No. 29, Anjomi's Complaint, ECF No. 1, and Anjomi's First Amended Complaint ("Amended Complaint"), ECF No. 30-1, 1 the Court GRANTS Nadav Kalai's Motion to Dismiss. I. Personal Jurisdiction The Court asserts personal jurisdiction over...
MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR JUDGMENT OF ACQUITTAL STEARNS, District Judge. Defendant John Davis, Jr., who was convicted after a two-day jury trial of aiding and abetting a violation of 18 U.S.C. 287, see 18 U.S.C. 2, now moves for judgment of acquittal pursuant to Fed. R.Crim.P. 29(c). 1 Davis argues that "the evidence was insufficient to support a conviction under the correct legal standard for aiding and abetting." 2 The motion will be DENIED. There is no...
MEMORANDUM & ORDER GORTON, District Judge. Plaintiffs Ramon and Linda Rodriguez bring suit against Samsung Electronics Co, Ltd. ("Samsung") and Axcelis Technologies, Ltd. ("Axcelis-Korea") for negligence and loss of consortium. Pending before the Court is Axcelis-Korea's motion to dismiss the case for lack of personal jurisdiction. I. Background In March, 2006, Ramon Rodriguez ("Rodriguez"), an employee of Axcelis Technologies, Inc. ("Axcelis-US"), a Delaware corporation with a...
MEMORANDUM AND ORDER GORTON, District Judge. Jagex Limited ("Jagex"), the owner of the massive multi-player online game Runescape, brings suit against Eric Snellman and Mark Snellman ("the Snellman brothers") and Impulse Software (collectively "the defendants") for, inter alia, copyright and trademark infringement. Pending before the Court is defendants' emergency motion for sanctions. I. Background This case was filed in February, 2010. After the Court denied defendants' motion to...
MEMORANDUM & ORDER GORTON, District Judge. This case arises from a patent dispute between plaintiff ADA Solutions, Inc. ("ADA Solutions") and defendants White Cap Construction Supply, Inc. ("White Cap"), HD Supply Construction Supply, Ltd. ("HD Supply"), Engineered Plastics, Inc. ("EPI") and Access Products, Inc. ("Access") concerning sidewalk tactile warning systems designed to warn disabled pedestrians of dangers. Pending before the Court is defendants' motion to stay this action pending...
MEMORANDUM & ORDER GORTON, District Judge. This case arises from the refusal of defendant M.I.W. Corp. ("MIW") to comply with plaintiffs' requests to audit its payroll records. Pending before the Court is plaintiffs' motion for prejudgment attachment and temporary restraining order. I. Background Plaintiffs attempted to schedule an audit of MIW's payroll records for January 14, 2010, in accordance with the Delinquency Collection Procedure and Audit Procedure Agreement ("Delinquency...
MEMORANDUM AND ORDER YOUNG, District Judge. I. INTRODUCTION The ramifications of high level FBI corruption seem never ending. See United States v. Salemme, 91 F.Supp.2d 141 (D.Mass.1999) (Wolf, J.), rev'd in part sub nom. United States v. Flemmi, 225 F.3d 78 (1st Cir.2000); Judgment in a Criminal Case, United States v. Connolly, 1 No. 1:99-cr-10428-JLT (D.Mass. Sept. 16, 2002) (Tauro, J.), ECF No. 696, aff'd, 341 F.3d 16 (1st Cir.2003); Limone v. United States, 271 F....
PATTI B. SARIS, District Judge. Report and Recommendations, court hereby ADOPTS R & R without objection, So Ordered. REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT, ON BEHALF OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AND MERSCORP (#11) AND MOTION TO DISMISS THE FIRST AMENDED COMPLAINT ON BEHALF OF HSBC BANK, NATIONAL ASSOCIATION; HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR MORTGAGE PASSTHROUGH CERTIFICATES 2007-AB1; AND...
MEMORANDUM & ORDER GORTON, District Judge. This case arises from the arrest of plaintiff Erick Eason ("Eason") for assault and battery on a public employee on February 9, 2007. Eason brings suit against defendant police officers Anthony Alexis ("Officer Alexis"), James Conley ("Officer Conley"), Thomas Sullivan ("Officer Sullivan"), and Lysander Wright ("Officer Wright") for assault and battery, false arrest, malicious prosecution, abuse of process, false imprisonment, intentional infliction...
MEMORANDUM & ORDER GORTON, District Judge. Plaintiffs Delynn J. and Jesse S. Speleos bring suit against BAC Home Loans Servicing, L.P., d/b/a Bank of America Home Loans ("BAC"), Federal National Mortgage Association ("Fannie Mae") and OrlansMoran, PLLC ("OrlansMoran"). Plaintiffs sue all defendants for negligence (Count I), BAC for third-party breach of contract (Count II), BAC and Fannie Mae for a violation of the duty of good faith and fair dealing (Count III), OrlansMoran for a violation...
MEMORANDUM & ORDER GORTON, District Judge. On August 22, 2011, plaintiff Fantastic Sams Franchise Corporation ("Fantastic Sams") filed a complaint and a motion to stay an arbitration brought against it by defendant FSRO Association, Ltd. ("FSRO") on behalf of FSRO's members. Fantastic Sams claims that, under the Federal Arbitration Act ("FAA"), 9 U.S.C. 4, it is entitled to an order from this Court staying the collective arbitration and compelling all parties thereto to assert their claims...
MEMORANDUM & ORDER GORTON, District Judge. On December 14, 1995, after defendant Richard J. George ("George") waived his right to an indictment, an information was filed and George pled guilty to conspiracy to commit wire fraud by defrauding the Commonwealth of Massachusetts of the intangible right to his honest services, in violation of 18 U.S.C. 371. I. Background In his role as First Assistant Clerk-Magistrate in the Cambridge Division of the District Court Department of the...
MEMORANDUM AND ORDER REGARDING PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS and DEFENDANT'S MOTION FOR ORDER AFFIRMING DECISION OF THE COMMISSIONER (Document Nos. 15 and 18) NEIMAN, United States Magistrate Judge. This is an action for judicial review of a final decision by the Commissioner of the Social Security Administration ("Commissioner") regarding an individual's entitlement to Social Security Disability Insurance ("SSDI") benefits and Supplemental Security Income ("SSI")...
MEMORANDUM AND ORDER REGARDING DEFENDANT'S MOTION TO SUPPRESS SEARCH WARRANT (Dkt. No. 31) PONSOR, District Judge. I. INTRODUCTION On June 10, 2010, Defendant, Michael Ostrowski, was indicted for conspiracy to commit mail fraud (18 U.S.C. 371); three counts of mail fraud (18 U.S.C. 1341); interstate transportation of stolen property (18 U.S.C. 2314); receipt, possession, concealment, and disposition of stolen property having crossed a state boundary (18 U.S.C. 2315); two...
MEMORANDUM AND PROCEDURAL ORDER MARK L. WOLF, District Judge. The court has today issued two Memorandum and Orders addressing the government's Request for Summary Dismissal of Gary Lee Sampson's First Amended Motion for New Trial and to Vacate, Set Aside, and Correct Conviction and Death Sentence Made Pursuant to 28 U.S.C. 2255 and/or Rule 33 of the Federal Rules of Criminal Procedure (the "Amended 2255 Motion"). For the reasons described in detail in the October 20, 2011 Memorandum and...
MEMORANDUM AND ORDER ON SUMMARY DISMISSAL WOLF, District Judge. I. SUMMARY On October 24, 2001, a federal grand jury charged Gary Lee Sampson with two counts of carjacking resulting in death in violation of 18 U.S.C. 2119(3). As described in United States v. Sampson, 335 F.Supp.2d 166 , 174-75 (D.Mass.2004), the charges arose out of the murders of Philip McCloskey and Jonathan Rizzo by Sampson in Massachusetts in July, 2001. Sampson also killed Robert Whitney in New Hampshire and...
ORDER WOLF, District Judge. The attached version of the October 20, 2011 Memorandum and Order on Jury Claim is being filed for the public record. In order to strike the appropriate balance between personal privacy interests, see In re Globe Newspaper Company, 920 F.2d 88 , 95 (1st Cir.1990), and transparency concerning the reasons for judicial decisions, it replaces the names of jurors and third-parties with initials, and includes minor redactions concerning particularly sensitive...
