ORDER LANDYA McCAFFERTY , District Judge . Daniel and Sandra Hicks bring suit against Atrium Medical Corporation ("Atrium"), a medical device company that manufactured and sold C-QUR mesh, and a related company, Maquet Cardiovascular US Sales, LLC ("Maquet"), alleging product liability claims, a breach of express warranty claim, violation of consumer protection laws, and a loss of consortium claim. This suit is part of a multi-district litigation ("MDL") proceeding involving claims that C-...
ORDER LANDYA McCAFFERTY , District Judge . Defendant pled guilty to one count of bank robbery and one count of possession of cocaine in February 2017. This court sentenced defendant to 60 months of imprisonment, three years of supervised released, and restitution in the amount of $1,160.00. Defendant is currently housed at the Federal Correctional Institution in Terre Haute, Indiana ("FCI Terre Haute"). He requests that the court transfer him to the Federal Medical Center in Devens,...
ORDER LANDYA McCAFFERTY , District Judge . Plaintiff, Judson Belmont, proceeding pro se, brings this suit against Katie Bower, M.D., Emily Renee Faulks, M.D., and Carilion Clinic asserting claims of negligence and medical malpractice. Belmont claims that defendants provided him substandard medical treatment after he was bitten by a rattlesnake while mountain-biking in Virginia. Defendants move to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(2) based on lack of...
ORDER LANDYA B. McCAFFERTY , District Judge . Johnny Lee Chavis, an inmate at the Federal Correctional Institution in Berlin, New Hampshire ("FCI Berlin"), has filed a petition for a writ of habeas corpus (doc. no. 1) under 28 U.S.C. 2241, seeking to have a disciplinary record for possessing a "hazardous tool" (a cellphone) expunged, and to restore the good conduct time he lost as a sanction for that violation. Before the court is the respondent FCI Berlin Warden's motion for summary...
ORDER STEVEN J. McAULIFFE , District Judge . No objection having been filed, I herewith approve the Endorsed Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated February 27, 2020, for the reasons set forth therein. "`[O]nly those issues fairly raised by the objections to the magistrate's report are subject to review in the district court and those not preserved by such objection are precluded on appeal.'" School Union No. 37 v. United Nat'l Ins. Co. , 617 F.3d 554 ,...
ORDER LANDYA McCAFFERTY , District Judge . Dennis Villano brings this action against Long Island Pipe Supply, Inc. ("LIPS"), Long Island Pipe Supply of Massachusetts, Inc. ("LIPSMA"), Long Island Pipe Supply of New Hampshire, Inc. ("LIPSNH" and, collectively with LIPS and LIPSMA, the "LIPS companies") 1 , Robert Moss ("Robert"), Bradley Moss ("Bradley"), and Michael Moss ("Michael" and, collectively with Robert and Bradley, the "Mosses"). Against the LIPS companies, Villano asserts claims...
ORDER JOSEPH A. DiCLERICO, JR. , District Judge . Katherine Minahan seeks judicial review, pursuant to 42 U.S.C. 405(g), of the Commissioner's decision that denied her application for disability insurance benefits under Title II. In support, she contends that the Administrative Law Judge ("ALJ") erred in assessing her residual functional capacity and made other errors in finding that she was not disabled. The Commissioner moves to affirm. Standard of Review In reviewing the final...
ORDER LANDYA McCAFFERTY , District Judge . Sanjeev Lath, proceeding pro se, brought claims against 17 defendants in 27 counts. His claims arise from several alleged incidents that occurred while he was a unit owner at the Oak Brook Condominium. Relevant here, Lath asserted five counts against Amica Mutual Insurance Company ("Amica") related to Amica's denial of insurance coverage for a fire that occurred at Lath's condominium unit. Amica moved for summary judgment on all Lath's claims,...
ORDER PAUL J. BARBADORO , District Judge . Before me is Jeff Benson Beaubrun's petition for a writ of habeas corpus under 28 U.S.C. 2241 (Doc. No. 1), which petitioner filed while in the custody of Immigration and Customs Enforcement ("ICE") at the Strafford County Department of Corrections ("SCDC"). The petition is before me to determine whether it is facially valid and may proceed. See Rule 4 of the Rules Governing Section 2254 Cases ("Section 2254 Rules"); see also Section 2254...
ORDER JOSEPH N. LAPLANTE , District Judge . No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated October 24, 2019. "`[O]nly those issues fairly raised by the objections to the magistrate's report are subject to review in the district court and those not preserved by such objection are precluded on appeal.'" School Union No. 37 v. United Nat'l Ins. Co., 617 F.3d 554 , 564 (1st Cir. 2010) ( quoting Keating v....
ORDER PAUL BARBADORO , District Judge . No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated February 13, 2020. The plaintiff's motion for discovery and appointment of counsel (Doc. No. 13) is denied without prejudice. "`[O]nly those issues fairly raised by the objections to the magistrate's report are subject to review in the district court and those not preserved by such objection are precluded on appeal.'"...
ORDER Landya McCafferty , United States District Judge . This dispute arises from an employment relationship gone awry. Plaintiff Timothy Martin was the administrator at a continuing care retirement community. His employer fired him and sent a memorandum to community residents stating that Martin had been "terminated ... because of a pattern of unprofessional conduct." Doc. no. 1-1. A local newspaper subsequently learned Martin had been fired and published two front-page stories about...
ORDER LANDYA McCAFFERTY , District Judge . The defendant, Nathan Craigue, is charged with two counts of making a false statement to a federal agent in violation of 18 U.S.C. 1001(a)(2). Craigue moves to dismiss the indictment under Federal Rule of Criminal Procedure 12(b)(3)(B). The government objects. The court heard argument on the motion at a hearing on February 20, 2020. STANDARD OF REVIEW Federal Rule of Criminal Procedure 12(b)(1) provides that "[a] party may raise by pretrial...
ORDER LANDYA McCAFFERTY , District Judge . Pursuant to 42 U.S.C. 405(g), Rebecca Pratt seeks judicial review of the decision of the Commissioner of the Social Security Administration denying her application for disability insurance benefits. Pratt moves to reverse the Commissioner's decision, contending that the Administrative Law Judge ("ALJ") erred by assigning improper weight to the medical opinions in the record, improperly evaluating Pratt's subjective descriptions of her symptoms,...
ORDER LANDYA B. McCAFFERTY , District Judge . After due consideration of the objections filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated January 13, 2020. As an additional ground for denying the motion for a preliminary injunction (Doc. No. 12) that is the subject of that Report and Recommendation, I note that injunctive relief is no longer available to Mr. Larkin with respect to any conditions at the Strafford County House of...
ORDER LANDYA B. McCAFFERTY , Chief District Judge . No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated January 24, 2020. "`[O]nly those issues fairly raised by the objections to the magistrate's report are subject to review in the district court and those not preserved by such objection are precluded on appeal.'" School Union No. 37 v. United Nat'l Ins. Co., 617 F.3d 554 , 564 (1st Cir. 2010) ( quoting Keating v....
ORDER PAUL BARBADORO , District Judge . After due consideration of the objection filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated December 5, 2019, grant the respondent's motion for summary judgment (document no. 32), and deny the petitioner's motions for summary judgment (document nos. 40 & 41). Additionally, finding that the petitioner has failed to make substantial showing of the denial of a constitutional right, the court declines to...
ORDER JOSEPH A. DiCLERICO, JR. , District Judge . Steyr Arms, Inc. brought suit, alleging that Sig Sauer, Inc. is infringing U.S. Patent No. 6,260,301 ("'301 Patent"), which Steyr owns. The '301 Patent has a single claim that pertains to a pistol with a plastic housing and a single multifunction metal part. Steyr accuses Sig Sauer of infringing Claim 1 of the '301 Patent by manufacturing and selling its P250 and P320 pistols. Steyr moves for summary judgment on infringement, and SIG Sauer...
ORDER LANDYA McCAFFERTY , District Judge . On November 23, 1992, William Kenney was convicted by a jury of multiple charges, including four counts of using or carrying a firearm during a crime of violence in violation of 18 U.S.C. 924(c). The court sentenced Kenney to a total of 502 months, including 60 months on each of the 18 U.S.C. 924(c) convictions, to be served consecutively to each other and consecutively to the sentences on the other convictions. Kenney now requests pursuant...
ORDER STEVEN J. McAULIFFE , District Judge . No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated January 21, 2020, for the reasons set forth therein. "`[O]nly those issues fairly raised by the objections to the magistrate's report are subject to review in the district court and those not preserved by such objection are precluded on appeal.'" School Union No. 37 v. United Nat'l Ins. Co. , 617 F.3d 554 , 564 (1st...
