MOTION OF THE UNITED STATES (DEPARTMENT OF JUSTICE) FOR LEAVE TO INTERVENE AND FILE RESPONSE TO MOTION FOR INSTRUCTIONS NATHANIEL M. GORTON , District Judge . The United States Department of Justice (the "United States"), by its attorney, Carmen M. Ortiz, United States Attorney for the District of Massachusetts, respectfully moves to intervene in this action for the limited purpose of filing a response to the Motion for Instructions filed by Bank of America on September 15, 2016, for the...
PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AS TO RELIEF DEFENDANT GL ADVISOR SOLUTIONS, INC. NATHANIEL M. GORTON , District Judge . The plaintiff Securities and Exchange Commission ("the Commission") hereby moves, pursuant to Fed. R. Civ. P. 55(b)(2), for entry of default judgment as to relief defendant GL Advisor Solutions, Inc. In support of this motion, the Commission submits the accompanying memorandum of law and a declaration by Rory Alex. Also filed herewith is a proposed form of...
PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AS TO DEFENDANT TAFT FINANCIAL SERVICES, LLC NATHANIEL M. GORTON , District Judge . The plaintiff Securities and Exchange Commission ("the Commission") hereby moves, pursuant to Fed. R. Civ. P. 55(b)(2), for entry of default judgment as to defendant Taft Financial Services, LLC. In support of this motion, the Commission submits the accompanying memorandum of law and a declaration by Rory Alex. Also filed herewith is a proposed form of Final...
STIPULATION AND ORDER DISMISSING ACTION AND RESERVING JURISDICTION FOR PLAINTIFF'S COUNSEL'S APPLICATION FOR AN AWARD OF ATTORNEYS' FEES & REIMBURSEMENT OF EXPENSES GEORGE A. O'TOOLE, Jr. , District Judge . WHEREAS, Plaintiff filed the above-captioned action (the "Action") challenging the public disclosures made in the preliminary proxy statement filed with the United States Securities and Exchange Commission ("SEC") on or around August 8, 2016 in connection with the proposed acquisition...
MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING NATHANIEL M. GORTON , District Judge . I, shaka Dyette as the pro se plaintiff, in the above-captioned matter, I respectfully move this Honorable Court for permission to participate in electronic case filing (e-filing) in this matter. I hereby affirm that: 1. I have reviewed the requirements for e-filing & agree to abide by them. 2. I understand that once I register for e-filing, I will receive notices & documents only by email in this...
STIPULATED AMENDED PROTECTIVE ORDER GEORGE A. O'TOOLE, Jr. , District Judge . Plaintiffs Leonard Briggs, George Skinder, Rolando S. Jimenez, Louis Markham, Francis McGowan, Eric Roldan, and Jennifer Ward, on behalf of themselves and all others similarly situated, ("Plaintiffs"); and Defendants Massachusetts Department of Correction ("DOC"); Thomas A. Turco III, in his official capacity as Commissioner of DOC; Carol Mici, in her official capacity as Deputy Commissioner of Clinical Services...
MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS, TOWN OF NORTH ATTLEBORO, DANIEL ARRIGHI, JOSHUA MCMAHON AND KEVIN MCKEON NATHANIEL M. GORTON , District Judge . Now come the Defendants, Daniel Arrighi, Joshua McMahon, Kevin McKeon and the Town of North Attleboro (hereinafter "Town Defendants"), in the above captioned case, and hereby move this Honorable Court pursuant to Fed. R. Civ. P. 56 to enter Summary Judgment in their favor and against the Plaintiffs on all counts of the Complaint against...
ORDER APPROVING DISTRIBUTION PLAN GEORGE A. O'TOOLE, Jr. , District Judge . Lead Plaintiffs moved this Court for an order approving a distribution plan for the Net Settlement Fund in the above-captioned class action (the "Action"), and the Court having considered all the materials and arguments submitted in support of the motion, including the Declaration of Stephanie A. Thurin in Support of Lead Plaintiffs' Motion for Approval of Distribution Plan (the "Thurin Declaration"), and the...
MEMORANDUM AND ORDER WOLF , D.J. Petitioner Marcus Robinson is currently serving a 188-month sentence for being an armed career criminal in possession of a firearm. See 18 U.S.C. 922, 924. He has, pro se , filed a petition to vacate his sentence under 28 U.S.C. 2255, alleging ineffective assistance of counsel both at sentencing for failure to raise certain arguments and after sentencing for failure to file a notice of appeal. He has also moved to amend his petition to include a...
MEMORANDUM AND ORDER MARK L. WOLF , District Judge . In 2009, this court denied Victor Filpo's first motion to vacate his sentence under 28 U.S.C. 2255. Filpo sought certification of a second petition, which the First Circuit denied. He nevertheless file two additional petitions, one asserting a claim under Alleyne v. United States , 133 S.Ct. 2151 (2013), and the other asserting a claim under Johnson v. United States , 135 S.Ct. 2551 (2015). For the reasons stated below, the court...
MEMORANDUM AND ORDER MARK L. WOLF , District Judge . Plaintiff Securities and Exchange Commission's (the "SEC") Motion for Entry of Default Judgment as to Defendants Interinvest Corporation, Inc., and Hans Peter Black is not opposed and, in any event, is meritorious. The motion is, therefore, being allowed. The court is authorized to impose a civil penalty on Interinvest and Black. See 15 U.S.C. 77t (d) (domestic securities violations); 78u (d) (3) (foreign securities violations);...
[PROPOSED] FINAL JUDGMENT AS TO DEFENDANT HANS PETER BLACK MARK L. WOLF , District Judge . The Securities and Exchange Commission having filed a Complaint and Defendant Hans Peter Black ("Black") having failed to answer, plead or otherwise defend in this action, a default having been entered against him on November 20, 2015, the Court having considered the Commission's motion for entry of a default judgment and all the pleadings and evidence submitted in support thereof; and the Court...
ORDER NATHANIEL M. GORTON , District Judge . Defendant-counterclaim plaintiff Braintree Laboratories, Inc. ("Braintree") moves in limine to exclude the damages analysis conducted by Dr. Stec, an expert witness for plaintiff-counterclaim defendant Ferring Pharmaceuticals, Inc. ("Ferring"). In Braintree's view, because that analysis was based on the combined effect of three factors and the Court granted summary judgment with respect to one of those factors, it is no longer relevant....
01/05/2017 view 153 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. After de novo review, the Court ADOPTS the unobjected-to Report and Recommendation (#151) allowing the defendants' motions for summary judgment (#s 125 & 130) and denying the plaintiff's motion (#134). re Report and Recommendations re 151 Report and Recommendations. (Simeone, Maria) (Entered: 01/05/2017) REPORT AND RECOMMENDATION REGARDING ORDER TO SHOW CAUSE (Dkt. No. 150) AND MOTIONS FOR SUMMARY JUDGMENT BY...
DEFENDANTS' MOTION FOR EXEMPTION FROM LOCAL RULE 16.1(B) and (D) NATHANIEL M. GORTON , District Judge . The Defendants Steven Levine, Robert Diener, Joel Andrade, Neal Norcliffe, and Thomas Groblewski respectfully request that this Court exempt them from the requirements of United States District Court Rule 16.1(B) and (D), and allow the Defendants to submit a Proposed Scheduling Order in lieu of their Joint Statement, currently due on December 22, 2016. The nature of this suit is...
MEMORANDUM & ORDER YOUNG , D.J. I. INTRODUCTION This action involves the alleged breach of a commercial lease agreement (the "Lease"). The plaintiff and building owner Bridge Over Troubled Water, Inc. ("Bridge") entered into the Lease with the defendant Argo Tea, Inc. ("Argo"), pursuant to which Argo would rent a portion of Bridge's premises to operate a tea shop. Bridge sued claiming that Argo failed to perform its obligations under the Lease and that Argo engaged in unfair and...
PRELIMINARY ORDER OF FORFEITURE NATHANIEL M. GORTON , District Judge . WHEREAS, on June 16, 2015, a federal grand jury sitting in the District of Massachusetts returned a one-count Indictment charging defendant Francisco Arias, (the "Defendant"), among others with Conspiracy to Distribute Cocaine Base, Cocaine, and Heroin, in violation of 21 U.S.C. 846 (Count One); WHEREAS, the Indictment also contained a forfeiture allegation, pursuant to 21 U.S.C. 853, which provided notice that...
REPORT AND RECOMMENDATION REGARDING ORDER TO SHOW CAUSE (Dkt. No. 150) AND MOTIONS FOR SUMMARY JUDGMENT BY DEFENDANT PROGRESSIVE DIRECT INSURANCE COMPANY (Dkt. No. 125), DEFENDANT CAPITAL ONE BANK (Dkt. No. 130), AND PLAINTIFF MICHAELA O. KARLE (Dkt. No. 134) DONALD L. CABELL , Magistrate Judge . This case arises innocently enough from invitations to apply for credit and insurance coverage. Defendants Capital One Bank (USA) N.A. ("Capital One") and Progressive Direct Insurance ("...
MEMORANDUM OF DECISION AND ORDER RYA W. ZOBEL , Senior District Judge . Plaintiff, Paul D. Jonson, initially brought this adversary proceeding against defendant, the Federal Deposit Insurance Corporation ("FDIC"), in the United States Bankruptcy Court for the District of Massachusetts. See Case No. 10-10817-MSH. In his Amended Verified Complaint, Jonson alleges that the FDIC, by terminating his employment, discriminated against him because of his insolvency in a previous bankruptcy...
ORDER GEORGE A. O'TOOLE, Jr. , District Judge . The following pending discovery motions are resolved as follows: 1. Federal Home Loan Bank of Boston's Motion Regarding Deposition Limits (dkt. no. 534) is GRANTED IN PART. See Fed. R. Civ. P. 26(b), 30. The Bank is permitted to take twenty-seven depositions. 1 Depositions of witnesses who have already been deposed in previous related matters are limited to five hours each. The question whether depositions taken in other cases may be used...
