REPORT AND RECOMMENDED DECISION 1 JOHN H. RICH, III , Magistrate Judge . This Social Security Disability ("SSD") appeal raises the question of whether the administrative law judge ("ALJ") supportably found the plaintiff capable of performing work existing in significant numbers in the national economy. The plaintiff seeks remand on a number of bases, including that the ALJ failed to (i) comply with an Appeals Council remand order, (ii) address an opinion of her longtime treating provider,...
ORDER ON MOTION TO SUPPLEMENT THE RECORD AND RECOMMENDED DECISION ON MOTION FOR "STAY-PUT" ORDER JOHN C. NIVISON , Magistrate Judge . Plaintiff, as a parent of a minor child, JM, alleges the Perry School Department violated due process and the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq. 1 (Complaint, ECF No. 1.) The matter is before the Court on two motions filed by Plaintiff: (1) a motion to supplement the record (Motion, ECF No. 29); and (2) a motion for...
AMENDED 1 ORDER ON DEFENDANT'S MOTION TO DISMISS JOHN A. WOODCOCK, JR. , District Judge . A defendant raises a significant double jeopardy issue based on the Government's successful prosecution of the defendant in one district charging a narrow drug trafficking conspiracy and its indictment of the defendant in another district for what appears to be the same, but much broader drug trafficking conspiracy. As the motion and opposition leave important questions unaddressed and unanswered,...
ORDER ON MOTION TO TRANSFER VENUE GEORGE Z. SINGAL , District Judge . Before the Court is Defendant's Motion to Transfer Venue (ECF No. 11), which seeks to transfer this case to the Southern District of New York for referral to that District's Bankruptcy Division. For the reasons explained herein, the Court DENIES the Motion. I. LEGAL STANDARD Under 28 U.S.C. 1404(a), a district court may "[f]or the convenience of parties and witnesses, in the interest of justice . . . transfer any...
ORDER JOHN H. RICH, III , Magistrate Judge . Pursuant to the power of this Court to award fees to a prevailing party other than the United States incurred by that party in a civil action against the United States, including proceedings for judicial review of agency action, under the Equal Access to Justice Act, 28 U.S.C. 2412(d)(1)(A), and in light of this Court's September 19, 2018, Order and Judgment remanding this case to the defendant Acting Commissioner for further administrative...
ORDER ON DEFENDANT'S MOTION TO DISMISS JOHN A. WOODCOCK, JR. , District Judge . A defendant raises a significant double jeopardy issue based on the Government's successful prosecution of the defendant in one district charging a narrow drug trafficking conspiracy and its indictment of the defendant in another district for what appears to be the same, but much broader drug trafficking conspiracy. As the motion and opposition leave important questions unaddressed and unanswered, the Court...
RECOMMENDED DECISION ON MOTION FOR EAJA ATTORNEY FEES JOHN H. RICH, III , District Judge . In this district, the Commissioner of Social Security and many plaintiffs "have been at loggerheads over the appropriate paralegal rate . . . for some time." Defendant's Opposition to Plaintiff's EAJA [Equal Access to Justice Act] Application for Fees and Expenses (" Rosemary C. Opposition") (ECF No. 18), Rosemary C. v. Berryhill, No. 1:17-cv-00282-GZS (D. Me.), at 1-2 n. 1. To resolve the...
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE NANCY TORRESEN , Magistrate Judge . On November 5, 2018, the United States Magistrate Judge filed with the court, with copies to the parties, his Recommended Decision. Recommended Decision (ECF No. 22). The Plaintiff filed an objection to the Recommended Decision on November 17, 2018 (ECF No. 23). The Commissioner filed a response to the objection on December 3, 2018 (ECF No. 24). I have reviewed and considered the...
PROCEDURAL ORDER D. BROCK HORNBY , District Judge . I hereby SUSPEND all deadlines until the Magistrate Judge has an opportunity to consult with the parties and determine the proper response to the video issue that the plaintiff has raised. Once the Magistrate Judge has determined the proper response, he can set new deadlines on the previously pending motions. SO ORDERED.
RECOMMENDED DECISION ON MOTION FOR EAJA ATTORNEY FEES JOHN H. RICH, III , Magistrate Judge . In this district, the Commissioner of Social Security and many plaintiffs "have been at loggerheads over the appropriate paralegal rate . . . for some time." Defendant's Opposition to Plaintiff's EAJA [Equal Access to Justice Act] Application for Fees and Expenses (" Rosemary C. Opposition") (ECF No. 18), Rosemary C. v. Berryhill, No. 1:17-cv-00282-GZS (D. Me.), at 1-2 n.1. To resolve the...
RECOMMENDED DECISION ON MOTION FOR EAJA ATTORNEY FEES JOHN H. RICH, III , Magistrate Judge . In this district, the Commissioner of Social Security and many plaintiffs "have been at loggerheads over the appropriate paralegal rate . . . for some time." Defendant's Opposition to Plaintiff's EAJA [Equal Access to Justice Act] Application for Fees and Expenses ("Opposition") (ECF No. 18) at 1-2 n.1. To resolve the impasse, the court convened an evidentiary hearing on November 19, 2018, in this...
RECOMMENDED DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JOHN C. NIVISON , Magistrate Judge . In this action, Plaintiff Daigle & Associates alleges that Defendant Farm Family Casualty Insurance Company unlawfully terminated payments required to be made to Plaintiffs pursuant to an extended earnings agreement. In its counterclaim, Defendant alleges Plaintiff and former plaintiff Andrew Daigle breached the agreement. 1 The matter is before the Court on Defendant's Motion for Summary...
PROCEDURAL ORDER ON PENDING PETITION GEORGE Z. SINGAL , District Judge . Before the Court is a petition seeking revocation of David Widi's supervised release (ECF No. 456). The Court hereby RESERVES RULING on this petition. As discussed on the record at the December 17, 2018 conference of counsel, the Court will reserve ruling on the petition until April 17, 2019 provided that Mr. Widi: (1) complies with all of the previously imposed terms of his supervised release, and (2) makes monthly...
ORDER ON SECOND MOTION FOR RELIEF FROM JUDGMENT D. BROCK HORNBY , District Judge . BACKGROUND The plaintiffs have appealed summary judgment in the defendants' favor to the First Circuit Court of Appeals. 1 Now, for the second time during the appeal, the plaintiffs have also moved for relief from judgment in this district court. Following the First Circuit's instructions on how a district court should resolve such motions during an appeal, Commonwealth of Puerto Rico v. SS Zoe...
ORDER AFFIRMING RECOMMENDED DECISION ON 28 U.S.C. 2255 MOTION JOHN A. WOODCOCK, JR. , District Judge . A federal prisoner moves for relief from a final judgment pursuant to Federal Rule of Civil Procedure 60(b). Notice of Mot. & Mot. for Relief from a Final J. or Order Based on Fundamental Defects Inherently Resulted in a Complete Miscarriage of Justice Pursuant to Rule (60)(b)(1)(3)(6), (c)(1)(2), & (d)(1) While Looking at Pet'r Claim to Johnson, Johnson II, DiMaya, Rosales-Mireles (...
ORDER IN LIEU OF PRE-FILING CONFERENCE GEORGE Z. SINGAL , District Judge . The Court has reviewed Defendant's Notice Of Intent To File Motion For Summary Judgment And Need For Pre-Filing Conference (ECF No. 30) and the Preconference Memoranda received from both sides (ECF Nos. 33 & 34). Having reviewed these filings, the Court concludes that no conference is necessary and hereby ORDERS that the following procedure be followed in connection with the to-be-filed motion: On or before...
DECISION AND ORDER ON MOTION FOR PRELIMINARY INJUNCTION Lance E. Walker , U.S. District Judge . Although the Court scheduled the hearing on December 5, 2018 to address Plaintiffs' Motion for Preliminary Injunction, the parties agreed that the question of injunctive relief should be consolidated with a final ruling on the merits of the action. Therefore, pursuant to Rule 65(a)(2), this Decision and Order will be accompanied by a final judgment in favor of Defendants. BACKGROUND On...
RECOMMENDED DECISION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT JOHN C. NIVISON , Magistrate Judge . In this action, Plaintiff alleges Defendant Troy Ross, the Deputy Warden at the Maine State Prison, failed to protect him from harm caused by other inmates, and that Defendant Joseph Fitzpatrick, the Commissioner of the Department of Corrections, and Defendants Rodney Bouffard and Randall Liberty, the former and current Wardens of the Maine State Prison, deprived him of his right to his...
RECOMMENDED DECISION ON PLAINTIFFS' MOTIONS TO REMAND AND DEFENDANTS' MOTIONS TO STAY PROCEEDINGS JOHN C. NIVISON , Magistrate Judge . In the above-captioned removed actions, the Cities of Bangor, Lewiston, and Portland allege that Defendants, a group comprised of manufacturers, producers, distributors, retailers, and physicians, are legally responsible for the harm resulting from the extensive use of opioid medication. The matters are before the Court on Plaintiffs' motions to remand and...
ORDER ON PLAINTIFF'S MOTION TO COMPEL ARBITRATION AND TO STAY PENDING ARBITRATION JON D. LEVY , District Judge . Plaintiff Toddle Inn Franchising, LLC ("Toddle Inn") moves pursuant to 9 U.S.C.A. 2-4 (West 2018) to compel arbitration of its claims against Defendants KPJ Associates, LLC, Kathie L. Murphy, Patrick M. Murphy, and James O. Haskell (collectively, "KPJ"), and to stay this litigation pending arbitration (ECF No. 16). For the reasons explained below, I grant the motion. I....
