MEMORANDUM ORDER JOSEPH N. LAPLANTE, District Judge. Defendant Jonathan Tanguay has filed motions in limine, see L. Cr. R. 12.1(c), seeking rulings on the admissibility of evidence at his upcoming trial on one count of possessing child pornography, see 18 U.S.C. 2252A(a)(5)(B). After receiving a report from a visitor to Tanguay's home, Joshua Wiggin, that Tanguay had displayed images of child pornography on his computer, the New Hampshire State Police secured a warrant to search the...
STIPULATION AND ORDER STEVEN J. McAULIFFE, District Judge. WHEREAS, The Nielsen Company (US) LLC ("Nielsen") has provided certain market research information to The Dial Corporation ("Client") in the form of reports ("Nielsen Reports"); WHEREAS, the Nielsen Reports have been provided to Client for limited uses pursuant to contract; WHEREAS, the Nielsen Reports and the market research information therein ("Nielsen information") are proprietary to Nielsen and have a continuing value to...
ORDER LANDYA McCAFFERTY, United States Magistrate Judge. On January 27, 2012, the clerk of the court entered a default against Midway Line of Illinois, Inc. ("Midway") on a claim brought against it by Ameriswiss Technology, LLC ("Ameriswiss"), under the federal Carmack Amendment, 49 U.S.C. 14706. That claim arises from a traffic accident in which thirteen machines that Midway was transporting for Ameriswiss were "damaged beyond repair." Compl. (doc. no. 1) 23. Before the court is...
SUMMARY ORDER JOSEPH N. LAPLANTE, District Judge. This case raises the important, and potentially difficult, issue of whether state authorities violate parents' free exercise rights by placing their children with foster families who subject children to practices at odds with their religious upbringing. Through the sole remaining claim, "BK," proceeding pro se as well as pseudonymously, seeks to recover monetary damages against the defendants (the director and several employees of the New...
ORDER JOSEPH N. LAPLANTE, District Judge. This case arises out of an employee's claim for disability benefits due to abdominal pain, depression, and anxiety. Plaintiff Susan Fifield brought suit under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. 1001 et seq., against her disability insurer, HM Life Insurance Co. ("HM Life"), its former claims administrator, Broadspire Services Inc. ("Broadspire"), and its current claims administrator, Aetna Life Insurance Co. ("Aetna"...
MEMORANDUM ORDER JOSEPH N. LaPLANTE, District Judge. This case, where the defendant moves to suppress evidence found by police executing a warrant to search his home, raises questions over the application of Franks v. Delaware, 438 U.S. 154 , 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). Tanguay argues that, in securing the warrant — which was based on a witness's claim to have seen child pornography on Tanguay's computer — a state police sergeant deliberately or recklessly omitted several...
AMENDED ORDER LANDYA McCAFFERTY, United States Magistrate Judge. John Farrelly has sued in eight counts, asserting both federal and state claims arising out of his arrest by Officer Eric Pichler of the Concord Police Department, and his prosecution, in 2009, for violating N.H. Rev. Stat. ("RSA") 644:4, I(f), which had been ruled unconstitutional by the New Hampshire Supreme Court in 2005. Before the court are Farrelly's motion to amend his amended complaint and defendants' motion for...
ORDER LANDYA McCAFFERTY, United States Magistrate Judge. This case arises out of a single-vehicle accident that destroyed thirteen pieces of machinery owned by Ameriswiss Technology, LLC ("Ameriswiss"). When they were destroyed, Ameriswiss's machines were being trucked to New Hampshire by Midway Line of Illinois, Inc. ("Midway"). Midway had been hired by C.H. Robinson Worldwide, Inc. ("Robinson"), which itself had been hired by Ameriswiss to arrange for the transportation of its machines....
REPORT AND RECOMMENDATION LANDYA B. McCAFFERTY, Magistrate Judge. Before the court is John Sweeney's petition for a writ of habeas corpus (doc. no. 1) and addendum thereto (doc. no. 3), 1 filed pursuant to 28 U.S.C. 2254, challenging the constitutionality of his 2006 conviction and sentence. The matter is before the court for preliminary review to determine whether the petition is facially valid and may proceed. See Rule 4 of the Rules Governing Section 2254 Cases in the United States...
ORDER OF DETENTION PENDING TRIAL LANDYA McCAFFERTY, Magistrate Judge. On July 16, 2012, defendant appeared in this court for his arraignment on five counts of distribution of a controlled substance, in violation of 21 U.S.C. 841(a)(1). On that date defendant stipulated to detention. On August 7, 2012, defendant filed a motion seeking release on conditions. On today's date, a hearing on that motion took place. Following the hearing, the court issued its detention order orally from the bench,...
ORDER STEVEN J. McAULIFFE, District Judge. Defendant Hasan's assented-to motion to continue the final pretrial conference and trial is granted (document no. 50). Trial has been rescheduled for the month of September 2012. Defendant Hasan shall file a waiver of speedy trial rights not later than August 20, 2012. The Court finds that the ends of justice served by granting a continuance outweigh the best interest of the public and the defendant in a speedy trial, 18 U.S.C. 3161(h)(7)(A) and (...
ORDER JOSEPH A. DiCLERICO Jr., District Judge. Douglas Leoni brought suit in state court, alleging claims against Mortgage Electronic Registration Systems, Inc. (MERS); Bank of America Loans Servicing, LP; and Bank of America, NA that arose from his attempts to have his mortgage loan modified and to avoid foreclosure. The defendants removed the case to this court and moved for judgment on the pleadings. Leoni failed to file a response to the motion for judgment on the pleadings. Under the...
ORDER STEVEN J. McAULIFFE, District Judge. Attorney Jonathan Saxe has filed a partially assented-to motion to continue the final pretrial conference and trial for 60 days, which motion is granted (document no. 12). Trial has been rescheduled for the month of October 2012. Attorney Saxe has also informed the court that the defendant does not agree to execute a Waiver of Speedy Trial. The Court finds that the ends of justice served by granting a continuance outweigh the best interest of the...
ORDER STEVEN J. McAULIFFE, Chief District Judge. Pursuant to 42 U.S.C. 405 (g), Constance Leach moves to reverse the Commissioner's decision denying her application for Disability Insurance Benefits under Title II of the Social Security Act, 42 U.S.C. 423 (the "Act"). The Commissioner objects and moves for an order affirming his decision. Claimant's history of both physical and mental impairments is lengthy and substantial. That portion of the parties' joint statement of facts dedicated...
ORDER JOSEPH N. LAPLANTE, District Judge. At the Preliminary Pretrial Conference, defendants agreed in principle to mediate following limited preliminary discovery. The court accordingly ordered the parties to submit a joint plan for limited discovery by August 3, 2012. See Order of July 13, 2012. Plaintiff appears to have made a good-faith effort to comply with that order. Defendants plainly have not. Although defendants assert that plaintiff's proposal is "not workable," they have...
ORDER STEVEN J. McAULIFFE, District Judge. The Government's Assented-to Motion to Continue the final pretrial conference and trial is granted (document no. 32). Trial has been rescheduled for the month of September 2012. Defendant Wright shall file a waiver of speedy trial rights not later than August 20, 2012. The Court finds that the ends of justice served by granting a continuance outweigh the best interest of the public and the defendant in a speedy trial, 18 U.S.C. 3161 (h) (7) (A)...
MEMORANDUM AND ORDER PAUL BARBADORO, District Judge. Markem-Imaje Corporation ("Markem"), a manufacturer of thermal transfer printers, seeks a declaratory judgment that a series of patents held by Zipher Ltd. and Videojet Technologies, Inc. (collectively "Zipher") are invalid, unenforceable, and have not been infringed by Markem or its customers. For the reasons detailed below, I determine that the broad functional claim language in Zipher's patents fails to satisfy the definiteness...
ORDER PAUL BARBADORO, District Judge. The defendant has moved to continue the August 21, 2012 trial in the above case, citing the need for additional time to address suppression issues and prepare for trial or other disposition. The government does not object to a continuance of the trial date. Accordingly, for the above reason and in order to allow the parties additional time to properly prepare for trial, the court will continue the trial from August 21, 2012 to September 5, 2012. In...
ORDER LANDYA McCAFFERTY, Magistrate Judge. Before the court is defendants' request (doc. no. 128) that plaintiff be ordered to pay their attorney's fees, in the amount of $992.00, associated with their successful litigation of a motion for contempt, within 10 days. Plaintiff has objected to the fee request. See Objection (doc. no. 130). Also before the court is a motion to strike (doc. no. 132) the objection. Background Plaintiff did not provide a complete, non-evasive answer to...
ORDER LANDYA B. McCAFFERTY, Magistrate Judge. On August 6, 2012, defendant appeared for both a probable cause and detention hearing on one alleged violation of conditions of supervision, as charged in the government's petition dated August 3, 2012 (doc. no. 30). Defendant is on release from his conviction in 2010 for failure to register as sex offender, in violation of 18 U.S.C. 2250(a). The government alleges that, while on supervised release, defendant was discharged from Hampshire...
