REPORT AND RECOMMENDATION REGARDING DEFENDANTS' MOTION TO ENFORCE RELEASE OR COMPEL ARBITRATION (Docket No. 50) KATHERINE A. ROBERTSON , Magistrate Judge . I. INTRODUCTION Ten present or former employees and the spouse of a former employee (collectively "Plaintiffs") of NEO Technology Solutions ("NEO Tech") d/b/a OnCore Holdings, LLC, OnCore Manufacturing, LLC, Natel Engineering Co., Inc., NEO Tech, North America, and NEO Tech Inc. (collectively "Defendants"), brought this putative class...
REPORT AND RECOMMENDATION REGARDING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT (Docket No. 48) KATHERINE A. ROBERTSON , Magistrate Judge . I. INTRODUCTION Ten present or former employees and the spouse of a former employee (collectively "Plaintiffs") of NEO Technology Solutions ("NEO Tech") d/b/a OnCore Holdings, LLC, OnCore Manufacturing, LLC, Natel Engineering Co., Inc., NEO Tech, North America, and NEO Tech Inc. (collectively "Defendants"), brought this...
REPORT AND RECOMMENDATION ON PETITION FOR WRIT OF HABEAS CORPUS JENNIFER C. BOAL , Magistrate Judge . On December 3, 2018, pro se petitioner Franklin Castano filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (the "Petition"). Docket No. 1. For the following reasons, this Court recommends 1 that the District Judge assigned to this case deny the Petition. I. FACTUAL AND PROCEDURAL BACKGROUND A. The Underlying Criminal Case On September 23, 2015, an Essex...
OPINION AND ORDER GEORGE A. O'TOOLE, JR. , Senior District Judge . The plaintiff, Michael Bonagwa, alleges that USCIS has failed to make a timely determination on his application for naturalization and has brought suit pursuant to 8 U.S.C. 1447(b) to have his pending application for naturalization considered and granted by this Court instead of by the agency. Section 1447(b) permits an applicant for naturalization to request a hearing in the district court if USCIS fails to make a...
STIPULATED PROTECTIVE ORDER RICHARD G. STEARNS , District Judge . This matter having come before the Court upon the stipulation of Plaintiff Warren Environmental, Inc. ("WEI") and Defendants Source One Environmental, Ltd., successor in interest to Fernco Environmental, Ltd. ("Source One"), Flex-Seal Couplings, Ltd. ("Flex-Seal"), and Fernco, Inc. ("Fernco," collectively with Source One and Flex-Seal, the "Defendants"), through their respective undersigned counsel (collectively the "Parties"...
MEMORANDUM AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT SOROKIN , J. Pending before the Court are the parties' cross-motions for summary judgment. Doc. No. 66 ; Doc. No. 89. 1 The parties' various motions to strike and to quash (Doc. Nos. 94, 95, 108, 116) are resolved in a separate Order also issuing today. The motions are fully briefed, and the Court held oral argument on December 6, 2019. I. BACKGROUND Plaintiff Louis Mandarini III ("Mandarin") is the Executive Director of the...
ORDER ON MOTIONS TO STRIKE AND TO QUASH (DOC. NOS. 94, 95, 108, 116) LEO T. SOROKIN , District Judge . The parties have filed several motions to strike and to quash papers submitted in connection with the pending motions for summary judgment. Doc. Nos. 94, 95, 108, 116. For the reasons that follow, Defendants' motions (Doc. Nos. 94, 95, and 116) are DENIED. Plaintiffs' motion (Doc. No. 108) is ALLOWED IN PART and DENIED IN PART. I. Defendants' Motion to strike Paragraphs 18 and 27-31 of...
ORDER OF DISMISSAL INDIRA TALWANI , District Judge . Pursuant to the court's Memorandum & Order [#45] issued on December 31, 2019, DENYING Petitioner's Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. 2254 [#1], Petitioner's claims are dismissed. The clerk shall close the case. IT IS SO ORDERED.
MEMORANDUM & ORDER INDIRA TALWANI , District Judge . I. Introduction Before the court is Petitioner Timothy Reaves' Petition Under 28 U.S.C. 2254 for Writ of Habeas Corpus ("Petition") [#1]. Petitioner is serving a life sentence in state custody. Respondent Osvaldo Vidal's Opposition to Petitioner's Petition for Writ of Habeas Corpus ("Resp't's Mem. Opp'n.") [#37] contends that the claims Petitioner asserted in his Memorandum in Support of the the Petition ("Pet'r's Mem.") [#36]...
OPINION AND ORDER GEORGE A. O'TOOLE, JR. , Senior District Judge . The defendant, Sean Trahan, is indicted for one count of possession of child pornography and one count of knowing access with intent to view child pornography, in violation of 18 U.S.C. 2252A(a)(5)(B) and (b)(2). The charges arise from an FBI investigation into users of a child pornography website "Playpen" and the FBI's use of a network investigative technique ("NIT") that relayed identifying information about a Playpen...
DISCOVERY ORDER (Docket No. 98) KATHERINE A. ROBERTSON , Magistrate Judge . I. INTRODUCTION This Fair Labor Standards Act ("FLSA") collective action is before the court to consider the number of opt-in plaintiffs to whom written discovery should be directed. The court has determined that the parties will utilize a questionnaire as the first phase of discovery in lieu of interrogatories and requests for production of documents and admissions. The content of the questionnaire has not yet...
ORDER INDIRA TALWANI , District Judge . On December 13, 2019, the Court received a letter [#17] stating that plaintiff Hazma Hatik has been removed from the United States and asking that a non-attorney serve as his power of attorney. The letter is accompanied by a power of attorney [#17-1] executed by Hazma Hatik authorizing Michael P. Melendez to act on his behalf. Although plaintiff has signed a power of attorney, a non-attorney cannot litigate on behalf of another person. See 28 U....
MEMORANDUM AND ORDER MARK L. WOLF , District Judge . On Friday, December 20, 2019, after 6:00 p.m., Seoun Kim, a member of the plaintiff class in this case, filed a Motion For Immediate Interim Release (the "Motion"), supported by a memorandum, documents, and an affidavit from his wife. In essence, Kim alleges he has been unlawfully detained by Immigration and Customs Enforcement ("ICE") for nine months. On December 23, 2019, the court ordered respondents to, by December 24, 2019, either:...
ORDER ON PLAINTIFF'S MOTION TO VACATE JUDGMENT DONALD L. CABELL , Magistrate Judge . I. INTRODUCTION This court previously entered judgment in favor of defendant Trooper Stephen Walker after granting his motion for summary judgment. (D. 90. 92). The plaintiff moves to vacate the judgment on the ground of newly discovered evidence. (D. 97). For the reasons explained below, the motion is denied. II. RELEVANT BACKGROUND Following the unfortunate fatal shooting of Wilfredo...
MEMORANDUM & ORDER INDIRA TALWANI , District Judge . Before the court is Plaintiff AcBel Polytech Inc.'s Motion in Limine [#431]. Plaintiff asks the court to preclude Defendants Fairchild Semiconductor International, Inc. and Fairchild Semiconductor Corporation (collectively, "Fairchild") from 1) offering evidence or arguing that Fairchild did not manufacture or sell the shrunk-die KA7805 voltage regulators at issue in this case, and 2) offering evidence or arguing there is a limited...
MEMORANDUM OF DECISION YOUNG , D.J. 1 I. INTRODUCTION The Federal Arbitration Act ("FAA"), 9 U.S.C. 1 et seq. , provides that arbitration awards are not to be undone by judicial review save for narrow grounds such as evident partiality, arbitrator corruption, or arbitrator misbehavior. 9 U.S.C. 10(a). Before the Court are two consolidated actions which were brought to determine whether an arbitration award should be confirmed or vacated. While the procedural history of these...
MEMORANDUM AND ORDER INDIRA TALWANI , District Judge . In 1981, this court naturalized Petitioner Hang Chi Wu and issued a Certificate of Naturalization. Wu now seeks to correct her birth date on her naturalization certificate. Mot. to Am. Certificate of Naturalization ("Mot. to Am.") [#1]. The United States Citizenship and Immigration Services (USCIS) opposes the motion. For the following reasons, Wu's motion is ALLOWED. I. Background The following facts were provided by Wu and have...
ORDER ON PENDING MOTIONS DONALD L. CABELL , Magistrate Judge . Introduction The present matters arise from two related putative class actions pending in the Central District of California, MSP Recovery Claims, Series LLC ("MSP") v. Farmers Ins. Exchange ("Farmers"), Nos. 2:17-cv-02522-CAS-PLA (" No-Fault Case ") and 2:17-cv-02559-CAS-PLA (" Settlement Case ") (C.D. Cal. filed Mar. 31, 2017). Those actions contend that Farmers and other primary insurers failed to pay out on certain...
MEMORANDUM & ORDER GORTON , United States District Judge . This is a putative class action which arises under the Fair Labor Standards Act ("FLSA"). Plaintiff John Waters ("plaintiff" or "Waters") alleges that defendant Day & Zimmerman ("defendant" or "Day & Zimmerman") has failed to pay overtime wages in violation of the law. Pending before the Court are defendant's motion to dismiss for lack of jurisdiction and motion to stay. The plaintiff has also filed a motion to disqualify and asks...
MEMORANDUM AND ORDER DENISE J. CASPER , District Judge . I. Introduction Plaintiff Cheryl Pantano ("Pantano") has filed this putative class action lawsuit against Defendant Ocwen Loan Servicing, LLC ("Ocwen") alleging violations of Mass. Gen. L. c. 93A, 2 and 940 C.M.R. 7.04 (Count I). D. 1-3. Pantano has moved to remand the matter to state court, D. 12, and Ocwen has moved for dismissal, D. 7. For the reasons stated below, the Court ALLOWS Plaintiffs' motion for remand, D. 12, and...
