REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANTS FREIGHTPORT, INC. AND ALEXSANDR CHUDUK (Dkt. No. 15) KATHERINE A. ROBERTSON , Magistrate Judge . I. INTRODUCTION In this matter, plaintiff Volvo Financial Services, a division of VFS US LLC ("VFS"), seeks recovery by a default judgment against the defendants Freightport, Inc. ("Freightport") and Alexandr Chuduk ("Chuduk") (collectively, "Defendants") for failure to make payments on: (1) a July 31,...
REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION FOR ASSESSMENT OF DAMAGES AND ENTRY OF DEFAULT JUDGMENT (DKT. NO. 10) DONALD L. CABELL , Magistrate Judge . J & J Sports Production, Inc. ("the plaintiff"), a closed circuit distributor of sports and entertainment programming, has brought suit against the defendant Leonildo Sousa, individually and as the owner of the Raw Martini Bar in Fall River, Massachusetts ("the establishment"), for unlawfully exhibiting one of the plaintiff's programs....
REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (#182). M. PAGE KELLEY , Magistrate Judge . I. Introduction Originally filed in the state superior court, this case was removed to the federal court in November of 2014. When the complaint was filed, plaintiff Nathan Marquis LeBaron was an inmate in the custody of the Massachusetts Department of Corrections (DOC). He has since been released. In Count I of the complaint, LeBaron alleges a claim for retaliation. (#1-2...
MEMORANDUM AND ORDER Saris , C.J. INTRODUCTION Plaintiff David M. Linehan, who suffers from physical and mental impairments, moves to reverse and remand the Commissioner's denial of his application for Social Security Disability Insurance Benefits under 42 U.S.C. 405(g). He claims that the Administrative Law Judge ("ALJ") committed an error of law by ignoring evidence from his treating healthcare providers. For the reasons set forth below, the Court DENIES Defendant's Motion to...
MEMORANDUM AND ORDER DENISE J. CASPER , District Judge . I. Introduction Plaintiff Adnan Yassin a/k/a Eddie Yassin ("Yassin") has filed this lawsuit against Defendants AR Enterprises, LLC ("AR") and Adnan Rahim ("Rahim") (collectively, "Defendants"), alleging claims for breach of contract ("Count I"), quantum meruit ("Count II") and forced labor in violation of the Trafficking Victims Protection Act ("TVPRA") under 18 U.S.C. 1589 ("Count III"). D. 1-1. Defendants have moved for partial...
MEMORANDUM AND ORDER DENISE J. CASPER , District Judge . I. Introduction Plaintiffs Richard Johnson ("Johnson") and Catherine Jarvis ("Jarvis") (collectively, "Plaintiffs") have filed this lawsuit against Defendant Speedway, LLC ("Speedway") alleging negligence and loss of consortium. D. 1-1. Defendants have moved for summary judgment. D. 33. For the reasons stated below, the Court DENIES the motion. II. Standard of Review The Court grants summary judgment where there is no genuine...
MEMORANDUM OF DECISION DENISE J. CASPER , District Judge . I. INTRODUCTION Plaintiff AcBel Polytech, Inc. ("AcBel"), both individually and as assignee of EMC Corporation ("EMC"), alleges that Defendants Fairchild Semiconductor International, Inc. ("Fairchild International") and Fairchild Semiconductor Corp. ("Fairchild US") (collectively, "Defendants") breached the implied warranties of merchantability, Mass. Gen. L. c. 106, 2-314, and fitness for a particular use, Mass. Gen. L. c. 106,...
MEMORANDUM & ORDER Nathaniel M. Gorton , United States District Judge . In August, 2015, this Court dismissed the habeas petition of Manuel Cintron ("Cintron" or "defendant"). In December, 2017, the First Circuit Court of Appeals directed this Court to issue or deny a certificate of appealability with respect to his petition. For the following reasons, this Court will deny such a certificate. I. Background In June, 2009, defendant pled guilty to a two-count indictment charging him...
ORDER DENISE J. CASPER , District Judge . WHEREAS, on October 16, 2017, this Court allowed Direct Purchaser Class Plaintiffs' Motion for Class Certification under Fed. R. Civ. P. 23(b)(3) (ECF 682) (the "Class Certification Order"); WHEREAS, in the Class Certification Order, this Court certified pursuant to Fed. R. Civ. P. 23(b)(3) the below-listed class (the "Class"); All persons or entities in the United States and its territories, including Puerto Rico, who purchased (a) 45mg, 55mg,...
FINAL ORDER APPROVING WRONGFUL DEATH DISTRIBUTIONS AND DISMISSING THE CASE WITH PREJUDICE RYA W. ZOBEL , Senior District Judge . Petitioner Tosha Andrews, Administrator of the Estate of Sara D. Culp, also known as Sara D. Andrews, deceased, by counsel, pursuant to Va. Code 8:01-55, requests the court's entry of an order approving the distribution of settlement proceeds among the statutory beneficiaries and others as reflected in her Petition for Final Approval of Distribution of Wrongful...
ORDER FOR DISTRIBUTION OF WRONGFUL DEATH SETTLEMENT PROCEEDS RECEIVED BY THE ESTATE OF SARA D. CULP ZOBEL , S.D.J. Tosha Andrews (hereafter "Tosha"), as the personal representative and duly qualified Administrator of the Estate of Sara D. Culp (hereafter "Sara"), also known as Sara D. Andrews, requests an order allocating for final distribution the proceeds of a settlement which this court had previously approved. After payment of liens of Medicare and Virginia Medicaid, approval of...
ORDER NATHANIEL M. GORTON , District Judge . Plaintiff, Dr. Rajani Kanth, appears pro se in this action of alleged employment discrimination against Harvard University. In response to the notice of scheduling conference set for Friday, January 5, 2018, plaintiff has filed a motion to continue that conference and a motion to appoint counsel to represent him in this civil case. Plaintiff is not entitled to appointment of counsel as of right and, despite his claimed indigency, there are no...
MOTION, FILED PURSUANT TO COURT ORDER OF DECEMBER 8, 2017, TO MAINTAIN STATUS QUO REGARDING SENTENCING PATTI B. SARIS , Chief District Judge . Now comes the defendant in the above-entitled matter and, filing this motion in response to the Court's Order (Saris, J.) ordering same, respectfully requests that this Honorable Court maintain the status quo regarding his sentencing and assigns as reasons therefor the following: 1. On or about December 6, 2017, due to the sudden unavailability of...
ORDER NATHANIEL M. GORTON , District Judge . After careful consideration of plaintiff's objections to Magistrate Judge Cabell's order of October 2, 2017, pending motions for summary judgment and accompanying memoranda in opposition and reply: - Plaintiff's objections to magistrate order on plaintiff's motions to strike (Docket No. 285) are OVERRULED; - Plaintiff's motion for summary judgment (Docket No. 293) is, with respect to defendants' affirmative defense of equitable estoppel,...
MEMORANDUM AND ORDER RE: PLAINTIFF'S MOTION TO REMAND OR, ALTERNATIVELY, JURISDICTIONAL DISCOVERY (DOCKET ENTRY #17); DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DOCKET ENTRY #4); DEFENDANTS' MOTION TO TRANSFER VENUE (DOCKET ENTRY #6) MARIANNE B. BOWLER , United States Magistrate Judge . Pending before this court are cross motions by the parties, plaintiff inVentiv Health Consulting, Inc. ("plaintiff") and defendants Equitas Life Sciences, LLC ("Equitas"), Alan D. French ("...
MEMORANDUM OF DECISION AND ORDER ON CROSS-MOTIONS REGARDING DENIAL OF SOCIAL SECURITY BENEFITS JUDITH GAIL DEIN , Magistrate Judge . I. INTRODUCTION The plaintiff, Katherine A. Dumont ("Dumont"), has brought this action pursuant to sections 205(g) and 1631(c)(3) of the Social Security Act, 42 U.S.C. 405(g) and 1383(c)(3), in order to challenge the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying her claims for Social Security...
MEMORANDUM & ORDER INDIRA TALWANI , District Judge . Pending before this court are Respondent's Motion to Strike Petitioner's Exhibits to Petitioner's Amended Memorandum In Support of the Amended Petition for Writ of Habeas Corpus ["Motion to Strike"] [#163], and Petitioner's Motion for Leave to File a Supplemental Memorandum In Support of Petitioner's Opposition to Respondent's Motion to Strike Exhibits and Petitioner's Supplemental Memorandum ["Motion for Leave to File Supplemental...
REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO DISMISS (DKT. NO. 6) NATHANIEL M. GORTON , Magistrate Judge . Boston Light Source ("BLS"), a representative of commercial lighting products, has brought a seven-count action against Axis Lighting ("Axis"), a manufacturer of commercial lighting products, to recover unpaid commissions BLS contends it earned through marketing, promoting and selling Axis's products. Axis moves to dismiss five of the seven counts for failure to state a claim....
MEMORANDUM AND ORDER Saris , C.J. INTRODUCTION Plaintiff Jonathan Monsarrat originally sued five unnamed Does for copyright infringement as the alleged operators and owners of Encyclopedia Dramatica — a website he alleged published five of his copyrighted works. Docket No. 1. That complaint also sued Brian Zaiger ("Defendant"), by name, as the alleged administrator of the website. Docket No. 1 at 5. After learning through discovery that Defendant was the owner and administrator of...
MEMORANDUM AND ORDER ON AMENDED MOTION FOR DEFAULT JUDGMENT ALLISON D. BURROUGHS , District Judge . Plaintiffs filed this action on behalf of employee benefit funds seeking to recover unpaid contributions and other amounts due under the applicable employee benefit plans and collective bargaining agreement. Defendant Radiant Electric, LLC ("Radiant"), an employer participating in the plans, has defaulted, having failed to appear or otherwise defend in this action. [ECF No. 9]. Currently...
