ORDER GORTON , District Judge . Plaintiff RFF Family Partnership, LP ("RFF") has filed an emergency motion to quash two trial subpoenas issued by defendant Steven Ross, individually and in his capacity as trustee for BD Lending Trust ("BD Lending"), to require testimony at trial by RFF's trial counsel (Attorneys Briansky and Hackett). Because BD's opposition notes that it no longer seeks to require the testimony of Attorney Hackett, the subpoena issued for Attorney Hackett is quashed....
MEMORANDUM AND ORDER CONCERNING CONTINUANCE WOLF , District Judge . I. SUMMARY On March 18, 2014, the court ordered that the required second jury trial to determine whether the death penalty is justified for defendant Gary Sampson would commence on February 17, 2015, despite the arguments of Sampson's counsel that they could not prepare to represent him effectively before the Fall of 2015. Counsel reiterated and amplified this argument in many subsequent submissions and at many...
MEMORANDUM YOUNG , District Judge . I. INTRODUCTION This Markman memorandum explains this Court's construction of design patent D677,423 (the "'423 patent") which claims an "ornamental design for a bathroom vanity light shade." U.S. Patent No. D677,423 (filed Mar. 8, 2012). Compl., Ex. A, ECF No. 1-2. On June 4, 2014, at a Markman hearing, this Court, acting on behalf of Judge Tauro to whom this case was originally drawn, orally construed the patent at bar. Pursuant to the Court's...
MEMORANDUM AND ORDER REGARDING PLAINTIFFS' MOTION FOR ENFORCEMENT OR MODIFICATION OF CLASS CERTIFICATION ORDER AND FOR LIMITED DISCOVERY (Dkt. No. 144) MICHAEL A. PONSOR, District Judge. I. INTRODUCTION Plaintiff, 1 an alien and lawful permanent resident who was detained without the right to seek release pending deportation, brought a class action on behalf of himself and all similarly situated persons held in custody for longer than six months within the Commonwealth of Massachusetts...
MEMORANDUM AND ORDER DOUGLAS P. WOODLOCK , District Judge . A number of Plaintiffs whose cases have been transferred to this Court by the Judicial Panel for Multidistrict Litigation seek remand of their cases to the California state courts, where they had originally filed their complaints. Defendants removed these cases from state court to federal court pursuant to 28 U.S.C. 1441(a) on the grounds of diversity jurisdiction pursuant to 28 U.S.C. 1332(a). Defendants' removal of these...
MEMORANDUM AND ORDER DOUGLAS P. WOODLOCK , District Judge . The plaintiff, James Coby, individually and on behalf of his deceased mother, Beverly Coby ("the decedent"), filed this lawsuit in Missouri state court seeking recovery for injuries sustained by and the wrongful death of the decedent allegedly resulting from the use of NaturaLyte Liquid ("NaturaLyte") or GranuFlo Acid ("GranuFlo") Concentrates during a dialysis treatment she received in October 2010. The named defendants,...
MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFF'S MOTION TO ALTER THE JUDGMENT (Document No. 50) KENNETH P. NEIMAN, Magistrate Judge. Paul Bulmer ("Plaintiff") brings this motion to alter — or, in the alternative, to reconsider — the court's Memorandum and Order, dated November 14, 2014 (Doc. No. 47), in which it granted partial summary judgment in favor of MidFirst Bank, FSA ("Defendant"), narrowing the factual issues for trial. See Bulmer v. MidFirst Bank, ___ F.Supp.3d ___, 2014 WL 6070695...
MEMORANDUM AND ORDER WITH REGARD TO CROSS-MOTIONS FOR SUMMARY JUDGMENT (Document Nos. 17 and 20) NEIMAN , United States Magistrate Judge . Marshall T. Moriarty ("Plaintiff") brings this action asserting that, as an attorney who represented a successful benefits claimant, he is entitled to an additional attorney's fee by way of mandamus relief pursuant to 28 U.S.C. 1331 and 1361. In short, Plaintiff maintains that since June 1, 2012, the defendant Commissioner of the Social Security...
ORDER INDIRA TALWANI, District Judge. For the reasons set forth below, the court hereby ALLOWS Plaintiff Randall Clark's ("Clark") Motion to Add Exhibit to Plaintiff First Amended Complaint [sic] [#20] and DENIES his Requests for Notice of Default [#25, 26] and Motion for Default Judgment as to Defendant Pro Collect [#27]. On October 14, 2014, Plaintiff Randall Clark ("Clark") filed an Amended Complaint [#18]. Six days later, Clark filed a motion seeking to add as an exhibit to his...
MEMORANDUM AND ORDER DENISE J. CASPER, District Judge. Introduction Defendants RPost Communications, Ltd. and RPost Holdings, Inc. (collectively, "RPost") move to dismiss this case for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), or, in the alternative, asks this Court to decline, in its discretion, to adjudicate this claim, under the Declaratory Judgment Act. D. 62. For the reasons discussed below, the Court DENIES the motion. Relevant Background On...
MEMORANDUM AND ORDER DENISE J. CASPER, District Judge. I. Introduction Petitioner Jose Rosario ("Rosario") has filed a petition for a writ of habeas corpus ("Petition") pursuant to 28 U.S.C 2254 alleging that the trial judge denied Rosario's right to due process. D. 1. Respondents oppose the Petition, arguing that Rosario has failed to show that the state-court adjudication of his claim was contrary to or an unreasonable application of clearly established federal law as determined by the...
MEMORANDUM AND ORDER DENISE J. CASPER, District Judge. I. Introduction Plaintiff PSI, LLC ("PSI") has filed this lawsuit against Defendant Nautilus Insurance Company ("Nautilus") alleging violations of the Fair Housing Amendments Act ("FHAA"), an amendment to the Fair Housing Act (the "FHA"), 42 U.S.C. 3601, et seq., and the Americans with Disabilities Act (the "ADA"), 42 U.S.C. 12101, et seq. D. 1. Nautilus has now moved for summary judgment. D. 30. For the reasons stated below,...
MEMORANDUM OF DECISION DENISE J. CASPER, District Judge. I. INTRODUCTION Plaintiff Todd R. Cavanaugh ("Cavanaugh") brings this action against the Defendant, the United States of America, 1 under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 2674, for claims arising out of Cavanaugh's alleged sexual relationship with Renee T. Donahue ("Donahue"), a Veterans Administration ("VA") rehabilitation technician. Cavanaugh claims that Donahue used her position as a counselor in the VA's drug...
MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION (Document No. 23) KENNETH P. NEIMAN, Magistrate Judge. On May 3, 2013, Sherri L. Stewart ("Plaintiff") filed this action for a writ of mandamus directing the Commissioner of the Social Security Administration ("Commissioner") to pay retroactive benefits in accordance with a decision issued by an administrative law judge ("ALJ") on September 25, 2012, as well as attorney's fees....
ORDER GEORGE A. O'TOOLE, Jr., District Judge. Anne Oulton brought this action against her former employer, Brigham & Women's Hospital ("BWH"). BWH moved to dismiss Oulton's claims under Rule 12(b)(6) of the Federal Rules of Civil Procedure, and this Court granted BWH's motion as to Oulton's claims for employment discrimination under Title VII and Massachusetts General Laws Chapter 151B and for retaliation under the Health Care Whistleblower Act (Counts One and Four, respectively, of her...
MEMORANDUM OF DECISION RYA W. ZOBEL, District Judge. John Carter ("Carter"), a federal prisoner in custody at FMC Devens in Ayer, Massachusetts, has filed a self-prepared petition for a writ of habeas corpus under 28 U.S.C. 2241. Carter seeks restoration of 27 days of good-conduct time that prison officials revoked as a disciplinary sanction. He also seeks removal of the underlying disciplinary report from his record. Respondent Jeffrey Grondolsky, in his capacity as warden of FMC Devens (...
MEMORANDUM OF DECISION ZOBEL , District Judge . Plaintiff Megon Walker sued defendants President and Fellows of Harvard College, Ellen Cosgrove, the Dean of Students at Harvard Law School, and Lloyd Weinreb, Professor of Law at Harvard Law School and Chair of its Administrative Board, for breach of contract and defamation, seeking damages and injunctive relief. Defendants have moved for summary judgment. I. Facts The plaintiff attended Harvard Law School ("HLS") from 2006 to 2009. She...
MEMORANDUM OF DECISION TIMOTHY S. HILLMAN, District Judge. Background Elizabeth Annobil ("Annobil" or Plaintiff") has filed an Amended Complaint asserting claims against Worcester Skilled Care Center, Inc. ("WSCC"), Patricia Kennedy ("Kennedy"), Susan M. Casey ("Casey"), Denise Zuffante ("Zuffante"), Joel Stevens ("Stevens"), Wingate Healthcare, Inc. ("Wingate"), Senior Residential Care/Worcester, Inc. d/b/a Nuerorehabilitation Center at Worcester ("Senior Care") and Continental Asset...
ORDER GEORGE A. O'TOOLE, District Judge. Plaintiff Steven Berger brought this action against defendants Dale M. Morgan, Michael J. Murphy, and Morgan & Murphy, LLP ("Morgan & Murphy") in Bristol Superior Court. His claims, which arise from his employment as an attorney at Morgan & Murphy, include nonpayment of wages, breach of the implied covenant of good faith and fair dealing, unjust enrichment, constructive discharge in violation of public policy, civil harassment, breach of contract,...
ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE RICHARD G. STEARNS, District Judge. I agree with Magistrate Judge Boal that Lawrence Zinser's petition is time-barred and that there is no basis for invocation of the doctrine of equitable tolling. Zinser makes no showing of the extraordinary circumstances necessary to toll the limitations period under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). 1 His appellate counsel did an admirable job in his representation...
