MEMORANDUM AND ORDER DOUGLAS P. WOODLOCK , District Judge . I. GENERAL CAUSATION DAUBERT CHALLENGES In order to provide the parties with timely notice regarding the disposition in this court of the general causation expert Daubert motions as they engage in the Bellwether pretrial preparation process, I hereby advise that for substantially the reasons stated by Judge Kirpalani in the Memoranda of Decision and Orders issued on November 16, 2015, at 1-41, and on November 24, 2015 in...
REPORT AND RECOMMENDATION ON PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C 2254 M. PAGE KELLEY , Magistrate Judge . I. Introduction Lazaro Fernandez ("Fernandez" or "Petitioner") petitions for a writ of habeas corpus pursuant to 28 U.S.C. 2254 for violations of his constitutional rights. (#1.) In 2009, a Massachusetts jury found Fernandez guilty of one count of rape of a child under Mass. Gen. L. c. 265 23. (#1.) The United States of America ("Respondent or "Government")...
ORDER NATHANIEL M. GORTON , District Judge . The government's motion to exclude the time from October 13, 2015 to January 4, 2016 under the Speedy Trial Act is ALLOWED. The Court granted the continuance of defendant's trial during the subject period based upon its finding that the end of justice served by the continuance outweighed the interest of the public and the defendant in a speedy trial. 18 U.S.C. 3161 (h) (7) (A). In making that finding, the Court considered Attorney Keefe's...
MEMORANDUM OF DECISION YOUNG , D. J. I. INTRODUCTION The plaintiff Acushnet Company ("Acushnet") brought this suit against ten defendants for patent infringement. Three of these defendants, Nexen Corporation ("Nexen"), Dixon Golf, Inc. ("Dixon"), and Rife Golf ("Rife") (collectively, the "Moving Defendants"), moved to dismiss the complaint for lack of personal jurisdiction, arguing that they lack the minimum contacts with Massachusetts required for this Court to constitutionally assert...
MEMORANDUM & ORDER NATHANIEL M. GORTON , District Judge . This case involves a removal order, filed in February, 2014, which followed several criminal convictions of Joseph Ignatius Aitcheson ("petitioner", a lawful permanent resident from Jamaica. In March, 2015, petitioner filed a habeas petition pursuant to 28 U.S.C. 2241. This Court granted respondent's motion to dismiss the petition the following month. Pending before the Court is petitioner's motion to amend or alter the judgment...
ORDER Hennessy , United States Magistrate Judge . Currently pending before the court is a motion brought by Camille Cosby ("Mrs. Cosby"), wife of defendant William H. Cosby, Jr. ("defendant"), seeking to quash Mrs. Cosby's deposition subpoena, or in the alternative, for a protective order (Docket # 127). The motion relates to a subpoena dated December 9, 2015 directing Mrs. Cosby to testify at a deposition on January 6, 2016 in connection with the claims brought by the plaintiffs herein (...
MEMORANDUM AND ORDER ON RENEWED MOTION TO APPOINT COUNSEL NATHANIEL M. GORTON , District Judge . I. BACKGROUND On September 24, 2015, this Court issued a Memorandum and Order (Docket No. 8) dismissing certain claims asserted by the plaintiff and construing this action as one made pursuant to 42 U.S.C. 405(g), for judicial review of an adverse benefits decision of the Commissioner of Social Security and review of the Social Security Administration's attempt to recover overpayment. In the...
MEMORANDUM AND ORDER DENISE J. CASPER , District Judge . I. Introduction Plaintiff Robert O'Connell ("O'Connell") filed this lawsuit challenging certain requirements in the application process for obtaining a license to carry a firearm as a violation of his Second Amendment right. Defendant Mayor of the City of Boston Martin Walsh ("Walsh") has moved to dismiss O'Connell's claim. D. 11. For the reasons discussed below, the Court ALLOWS Walsh's motion to dismiss without prejudice. II....
MEMORANDUM OF DECISION AND ORDER ON RELATOR'S MOTION TO AMEND THE COMPLAINT STEARNS , D.J. This case was remanded by the Court of Appeals for reconsideration of the court's refusal to grant leave to plaintiff/relator Jeffrey D'Agostino to file a fifth iteration of his qui tam Complaint. In its opinion, the Circuit Court did not delve into this court's substantive discussion of the merits of the collective defendants' motion to dismiss. See United States ex rel. D'Agostino v. EV3,...
MEMORANDUM AND ORDER RICHARD G. STEARNS , District Judge . BACKGROUND On December 24, 2015, petitioner-relator David Kenneth Drumm (Drumm), filed, through his counsel, a petition for a writ of habeas corpus under 28 U.S.C. 2241 and paid the $5.00 filing fee. He names as respondents: (1) Joseph D. McDonald, Jr., Plymouth County Sheriff; (2) John Gibbons, United States Marshal for the District of Massachusetts; (3) Loretta E. Lynch, Attorney General, U.S. Department of Justice; and (4)...
MEMORANDUM AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT (Dkt. Nos. 24 & 29) MARK G. MASTROIANNI , District Judge . The sole issue in this case is whether Defendant City of Northampton must pay the attorneys' fees sought by Plaintiff Mary G-N in connection with proceedings related to Plaintiff's minor child ("Student") and held before the Board for Special Education Appeals ("BSEA"), pursuant to the procedural process established under the Individuals with Disabilities Education Act ("...
MEMORANDUM AND ORDER ALLISON D. BURROUGHS , U.S. DISTRICT COURT JUDGE . On July 2, 2012, Daniel Rosa was convicted of first degree murder on a theory of deliberate premeditation, and possession of a firearm without a license. The convictions arose from a 2011 shooting in Springfield, Massachusetts involving Rosa and two alleged coventurers. In May 2014, the Massachusetts Supreme Judicial Court ("SJC") affirmed Rosa's convictions, and on April 22, 2015, Rosa filed a petition for a writ of...
MEMORANDUM AND ORDER CASPER , United States District Judge . I. Introduction Plaintiff John Breda, M.D., ("Dr. Breda") has sued Robert A. McDonald, Secretary of the U.S. Department of Veterans Affairs ("VA"), in his official capacity, Wilfredo Curioso, M.D. ("Dr. Curioso"), Sharon Rounds, M.D. ("Dr. Rounds"), and Satish Sharma, M.D. ("Dr. Sharma") (collectively, "Defendants"), asserting claims relating to his termination. D. 11. The VA has moved to dismiss certain claims under Fed. R....
ORDER GRANTING IN PART PLAINTIFFS' MOTION FOR A PARTIAL STAY F. DENNIS SAYLOR, IV , District Judge . Plaintiffs Purdue Pharma L.P., The P.F. Laboratories, Inc., Purdue Pharmaceuticals L.P., and Rhodes Technologies have moved for a stay of this litigation pending the outcome of an appeal in a separate matter before the United States Court of Appeals for the Federal Circuit. The dispute concerns three patents (U.S. Patent Nos. 7,674,799; 7,674,800; and 7,683,072) that have been adjudicated...
MEMORANDUM AND ORDER ON DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS SAYLOR , United States District Judge . This is an action arising out of a college's investigation of an alleged sexual assault. Plaintiff Jane Doe is a student at Emerson College in Boston, Massachusetts. She alleges that she was sexually assaulted off-campus, once at a party in Cambridge and later in a Boston alleyway. Doe originally reported to Emerson officials and police that she was raped by a male MIT student...
MEMORANDUM AND ORDER JUDITH GAIL DEIN , Magistrate Judge . Pro se plaintiff John Evans, currently incarcerated at MCI — Norfolk, has brought this action under 42 U.S.C. 1983. For the reasons set forth below, the undersigned denies Evans' motion to voluntarily withdraw his complaint and refile and allows Evans' motions (1) to have United States Marshal re-serve defendants with the Amended Complaint, and (2) to first rule on Evans' motion for re-service before considering defendants' motion...
MEMORANDUM OF DECISION AND ORDER ON PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS DEIN , U.S.M.J. I. INTRODUCTION The plaintiff, GurglePot, Inc. ("GurglePot"), designs and sells a line of fish-shaped ceramic pitchers under the registered trademark "GurglePot." The defendant, New Shreve, Crump & Low LLC ("New SCL"), owns and operates fine jewelry stores with locations in Boston and Chestnut Hill, Massachusetts. In addition to sales of jewelry and other gift items, New SCL markets and...
MEMORANDUM AND ORDER DOUGLAS P. WOODLOCK , UNITED STATES DISTRICT JUDGE . This is an insurance coverage declaratory action arising from personal injury litigation. Before me are cross motions for summary judgment on the question whether plaintiff Scottsdale Insurance Company ("Scottsdale") must provide defendant United Rentals (North America), Inc. ("United Rentals") with coverage as an additional insured on the policy at issue. I. FACTUAL BACKGROUND In a contract dated June 22, 2007,...
OPINION AND ORDER GEORGE A. O'TOOLE, Jr. , District Judge . On July 13, 2004, Kurt Roberson was convicted by a jury of possession with intent to distribute and distribution of fifty grams or more of a substance containing cocaine base in violation of 21 U.S.C. 841(a)(1) 1 and of using or carrying a firearm during and in relation to that drug trafficking crime in violation of 18 U.S.C. 924(c)(1)(A). Both convictions carried statutory mandatory minimum sentences. This Court sentenced...
MEMORANDUM AND ORDER DENISE J. CASPER , District Judge . I. Introduction Plaintiff Kenneth M. Ries ("Ries") brings claims against defendants Capone Iron Corporation ("Capone") and E.A. Colangeli Construction Co., Inc. ("E.A. Colangeli") for personal injuries that he received at a construction site. 1 D. 1. Capone has in turn sued D&S Commercial Masonry ("D&S") for common law indemnification and contribution. D. 33. Capone now moves for partial summary judgment on Ries's claims, D. 95,...
