DECISION AND ORDER NANCY TORRESEN , District Judge . In this case, the Plaintiff, Carrington Mortgage Services (" Carrington "), brought the following claims against the Defendant, Roxane M. Gionest Haynes: 1 Foreclosure (Count I); Breach of Note (Count II); Breach of Contract, Money Had and Received (Count III); Quantum Meruit (Count IV); and Unjust Enrichment (Count V). I held a bench trial on September 24, 2019. (ECF No. 122.) For the reasons stated below, JUDGMENT on Counts II and V...
RECOMMENDED DECISION ON 28 U.S.C. 2254 PETITION JOHN C. NIVISON , Magistrate Judge . Petitioner, pursuant to 28 U.S.C. 2254, seeks relief from a state court conviction and sentence. (Petition, ECF No. 1.) Petitioner argues that his trial lacked due process and that the statutes underlying his convictions and sentence for violating a protection from abuse order unconstitutionally restrict speech. (Petition at 6-9.) The State asks the Court to dismiss the petition. (Answer, ECF No. 4.)...
SPEEDY TRIAL ORDER GEORGE Z. SINGAL , District Judge . This matter comes before the Court upon the Court's own motion to continue this case. The Court finds that due to the declaration of a public health emergency arising out of the Coronavirus disease (COVID-19) outbreak, announced by the World Health Organization, and on the advice of the Centers for Disease Control and Prevention (CDC) and other health authorities, the Court must take precautions to reduce the possibility of exposure...
REPORT AND RECOMMENDED DECISION JOHN C. NIVISON , Magistrate Judge . On Plaintiff's application for disability insurance benefits under Title II of the Social Security Act, Defendant, the Social Security Administration Commissioner, found that Plaintiff has severe impairments, but retains the functional capacity to perform substantial gainful activity. Defendant, therefore, denied Plaintiff's request for disability benefits. Plaintiff filed this action to obtain judicial review of...
RECOMMENDED DECISION ON 28 U.S.C. 2254 PETITION JOHN C. NIVISON , Magistrate Judge . Pursuant to 28 U.S.C. 2254, Petitioner argues that his state court conviction for operating under the influence of intoxicants and aggravated assault should be vacated because the trial court improperly admitted evidence of a warrantless blood test. (Petition at 6-11, ECF No. 1.) The State contends that Petitioner's claim constitutes a Fourth Amendment challenge and thus Petitioner is not entitled to...
ORDER ON MOTION TO SUPPRESS GEORGE Z. SINGAL , District Judge . Before the Court is Defendant Yolanda Howard's Motion to Suppress (ECF No. 38). The Court held an evidentiary hearing on this Motion on January 28, 2020. Having considered the evidence and arguments before it, the Court DENIES the Motion for the reasons explained herein. I. FACTUAL FINDINGS On February 28, 2019, Maine State Trooper Lee Vanadestine worked a patrol on the Maine Turnpike. Near the end of his shift, at...
SPEEDY TRIAL ORDER GEORGE Z. SINGAL , District Judge . This matter comes before the Court upon the Court's own motion to continue this case. The Court finds that due to the declaration of a public health emergency arising out of the Coronavirus disease (COVID-19) outbreak, announced by the World Health Organization, and on the advice of the Centers for Disease Control and Prevention (CDC) and other health authorities, the Court must take precautions to reduce the possibility of exposure...
RECOMMENDED DECISION ON MOTION FOR SUMMARY JUDGMENT JOHN C. NIVISON , Magistrate Judge . Defendant Shannon Moore (Defendant) has moved for summary judgment in this foreclosure action. (Motion, ECF No. 56.) Defendant contends that Plaintiff lacks proof that it owns the mortgage that is the subject of this action. After review of the parties' summary judgment filings, I recommend the Court deny Defendant's motion for summary judgment. DISCUSSION "The court shall grant summary judgment if...
ORDER ON MOTION TO EXCLUDE EVIDENCE JOHN C. NIVISON , Magistrate Judge . In this action, Petitioner, pursuant to 28 U.S.C. 2255, seeks to vacate, set aside or correct his sentence. (Section 2255 Motion, ECF No. 121). Following a jury trial, Petitioner was convicted of conspiracy to distribute and possess with intent to distribute oxycodone and oxymorphone; the Court sentenced Petitioner to 100 months in prison. (Judgment, ECF No. 86.) The First Circuit affirmed. United States v. Corbett,...
ORDER ON PLAINTIFF'S CLAIMS FOR DECLARATORY AND INJUNCTIVE RELIEF Nancy Torresen , United States District Judge . Last year, Maine enacted L.D. 1371, "An Act To Ensure Nondiscriminatory Treatment of Public, Educational and Governmental Access Channels by Cable System Operators" ( "LD 1371" ), which contains a number of provisions dealing with how cable operators provide and support public, educational, and government access channels ( "PEG channels" ). Among other things, LD 1371 requires...
ORDER ON DEFENDANTS' SPECIAL MOTIONS TO DISMISS JON D. LEVY , Chief District Judge . Jeffrey Mabee and Judith Grace, a married couple (collectively, the "Mabees"), bring this slander of title action against their neighbors, Janet and Richard Eckrote, asserting that the Eckrotes are claiming ownership of certain intertidal land on Penobscot Bay that belongs to the Mabees. The Eckrotes have filed Special Motions to Dismiss (ECF Nos. 8, 12) under Maine's anti-SLAPP statute, 14 M.R.S.A. 556,...
RECOMMENDED DECISION ON PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL OF CERTAIN CLAIMS JOHN C. NIVISON , Magistrate Judge . After Defendants moved for summary judgment (Motion, ECF No. 197), Plaintiff filed a motion to dismiss some of his claims. (Motion, ECF No. 206.) Plaintiff, however, is not entitled to dismiss voluntarily either his entire action or less than all his claims at this stage of the proceedings. See Fed. R. Civ. P. 41(a)(1) (cannot without court order voluntary dismiss...
ORDER ON PENDING MOTIONS JOHN C. NIVISON , Magistrate Judge . After the close of discovery and after Defendants moved for summary judgment, Plaintiff asks the Court to reopen discovery (Motions, ECF Nos. 205, 209), to take judicial notice of a policy of the Maine Department of Corrections (Motion, ECF No. 212), and to extend the time for Plaintiff to respond to the motion for summary judgment. (Motion, ECF No. 208.) Following a review of the parties' written arguments and the record, the...
ORDER APPOINTING RECEIVER GEORGE Z. SINGAL , District Judge . On December 31, 2019, the Magistrate Judge entered an Order granting Plaintiff Enterprise FM Trust's ("EFM") Motion for Appointment of a Receiver (ECF No. 14). In this Order, it was determined that Defendant had "failed to provide any assurance that it ha[d] secured [certain] vehicles for Plaintiff, and given the uncertainty as to the current location of the vehicles, a receiver would assist Plaintiff in its efforts to protect...
ORDER ON MOTION TO SUPPLEMENT THE ADMINISTRATIVE RECORD JOHN C. NIVISON , Magistrate Judge . In this action commenced pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., Plaintiffs challenge the decision of the state hearing officer to deny Plaintiffs financial reimbursement for their minor child's private educational placement and services. (Complaint 1-7, ECF No. 1). The matter is before the Court on Plaintiff's Motion to Supplement the Record....
JUDGMENT OF FORECLOSURE AND SALE Address: 88 Lowell Road, Enfield, ME 04493 Mortgage: September 14, 2007, Book: 11131, Page:65 LANCE E. WALKER , District Judge . This matter came before the Court for a testimonial hearing on Plaintiff's Motion for Default Judgment on March 5, 2020. Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, was present and represented by John A. Doonan, Esq. Defendant, Merry J. Young, did not appear. All persons interested having...
ORDER ON DEFENDANT'S MOTION IN LIMINE JON D. LEVY , Chief District Judge . Maurice Diggins is charged in a Superseding Indictment (ECF No. 58) with two counts of committing racially motivated assault in violation of 18 U.S.C.A. 249(a)(1) (West 2020) and one count of conspiring to commit racially motivated assault in violation of 18 U.S.C.A. 371 (West 2020) and 249(a)(1). Diggins moves in limine to exclude certain evidence from trial (ECF No. 165). For the reasons explained below, I...
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. 20) and Defendant's Preconference Memorandum (ECF No. 22). The Court notes that Plaintiff, who is appearing pro se, has made no filings in response to these filings but has agreed that no pre-filing conference is necessary. Having reviewed Defendant's filings, the Court concludes that...
ORDER ON DEFENDANT JEFFREY PARKS' MOTION FOR SUMMARY JUDGMENT LANCE E. WALKER , District Judge . Plaintiff Jessica Fagre, as personal representative of the Estate of Ambroshia ("Amber") Fagre, brings civil rights claims under 42 U.S.C. 1983 and related provisions of state law against Maine State Police Trooper Jeffrey Parks for firing the shot that eventually killed Amber Fagre on February 10, 2017. Plaintiff alleges that Mr. Parks violated Amber Fagre's rights when he fired his service...
RECOMMENDED DECISION JOHN C. NIVISON , Magistrate Judge . On January 8, 2020, the Court granted the motion of Attorneys Amy K. Olfene and Emily T. Howe to withdraw as counsel for Defendant Village Mortgage Company. (Order, ECF No. 40.) In the order, the Court wrote: Defendant Village Mortgage Company shall arrange for counsel to enter an appearance for it on or before January 31, 2020. If Defendant Village Company fails to arrange for counsel to enter an appearance by January 31, 2020, a...
