MEMORANDUM ORDER JOSEPH N. LAPLANTE, District Judge. This action presents several questions over the application of various exceptions to the Freedom of Information Act, 5 U.S.C. 552 ("FOIA" or "the Act"). Invoking the Act, the plaintiff, New Hampshire Right to Life, requested the release of documents by the defendant, the Department of Health and Human Services ("HHS"), concerning its September 2011 award of a "sole-source discretionary replacement grant" to Planned Parenthood of New...
MEMORANDUM AND ORDER PAUL BARBADORO, District Judge. Brenda Rand has sued her former employer, the Town of Exeter, as well as a former coworker and four of her former supervisors. She alleges that the coworker sexually assaulted her while they were both working at the Town's waste transfer station. She also claims that the Town and her supervisors failed to properly respond to her sexual harassment complaint and retaliated against her when she complained of the harassment. She has brought...
ORDER LANDYA McCAFFERTY, United States Magistrate Judge. Greg Hubbard, a former employee of Tyco Integrated Cable Systems, Inc. ("Tyco") who was born and raised in England, is suing Tyco in five counts. He asserts: (1) two claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. ; and (2) three claims under New Hampshire's Law Against Discrimination, N.H.Rev.Stat. Ann. ("RSA") ch. 354-A. 1 Hubbard claims that he was subjected to a hostile work environment because...
ORDER LANDYA McCAFFERTY, United States Magistrate Judge. Asserting claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq., and New Hampshire's Law Against Discrimination, N.H.Rev. Stat. Ann. ("RSA") ch. 354-A, Eric Rolfs has sued his former employer, Home Depot U.S.A., Inc. ("Home Depot") for sex discrimination (Count I) and retaliation (Count II). Before the court is defendant's motion for summary judgment. Plaintiff objects. For the reasons that follow,...
AMENDED MEMORANDUM AND ORDER PAUL BARBADORO, District Judge. This class action was filed against FedEx Ground Package System, Inc. ("FedEx") by several FedEx drivers based in New Hampshire who claim that FedEx improperly treated them as independent contractors rather than employees. The action was centralized in a multidistrict litigation proceeding with other similar actions against FedEx. The transferee court later determined that the New Hampshire drivers could be treated as independent...
ORDER STEVEN J. McAULIFFE, District Judge. Defendants' Motion for Summary Judgment (document no. 12 ) is granted with respect to the federal claims, and the court declines to exercise supplemental jurisdiction over plaintiff's state law claims. Plaintiff brought this suit against the New Durham Police Department, the Town of New Durham, and Police Chief Shawn Bernier, in both his official and individual capacities. He alleges that New Durham police officers assaulted him, searched his...
MEMORANDUM ORDER JOSEPH N. LAPLANTE, District Judge. In December 2008, a helicopter piloted by the plaintiff, Kurt West, crashed to the ground in Bow, New Hampshire. West survived the crash, but suffered injuries. He then brought this products liability action against the manufacturer of the helicopter, defendant Bell Helicopter Textron, Inc.; the manufacturer of its engine, defendant Rolls Royce Corporation; and the successor-in-interest to the manufacturer of the helicopter's electronic...
MEMORANDUM AND ORDER PAUL BARBADORO, District Judge. The Town of Wilmot (the "Town") issued a cease and desist order barring Monica Banerjee from using a building she built on her property until she reduced the height of the building so that it was not higher than thirty-five feet when measured from the lowest point surrounding the building. Banerjee challenged the order in state court and prevailed. As a result, the order was vacated and Banerjee was awarded attorney's fees. In this action,...
MEMORANDUM ORDER JOSEPH N. LAPLANTE, District Judge. In December 2008, a helicopter piloted by the plaintiff, Kurt West, crashed to the ground in Bow, New Hampshire. West survived the crash, but suffered injuries. He then brought this products liability action against the manufacturer of the helicopter, defendant Bell Helicopter Textron, Inc.; the manufacturer of its engine, defendant Rolls Royce Corporation; and the successor-in-interest to the manufacturer of the helicopter's electronic...
OPINION AND ORDER WILLIAM E. SMITH, District Judge. This case relates to the apportioning of costs arising from an environmental clean-up effort on contaminated property in Plaistow, New Hampshire (the "Beede Site"). Plaintiff is a group of the companies that deposited the lion's share of hazardous materials on the site. Plaintiff entered into a consent decree with the United States Environmental Protection Agency (the "EPA") and the New Hampshire Department of Environmental Services ("...
ORDER STEVEN J. McAULIFFE, District Judge. On April 12, 2010, Windmill International fired Nancy Hajjar from her job as an accountant, citing poor performance. Subsequently, the Equal Employment Opportunity Commission ("EEOC") filed this action, charging that Windmill engaged in unlawful disability discrimination, in violation of the Americans with Disabilities Act ("ADA"), by terminating Hajjar's employment because of an actual and/or perceived disability. On behalf of Hajjar, the EEOC...
MEMORANDUM AND ORDER PAUL BARBADORO, District Judge. Edward and Marilyn Lehane seek to enjoin Wachovia Bank from foreclosing on property they jointly own in Westmoreland, New Hampshire. The Lehanes' claim that they are entitled to enjoin the foreclosure because Wachovia obtained the mortgage that is the subject of the foreclosure through fraud that occurred in January 2008. In a prior order, I determined that the Lehanes' damage claims stemming from the alleged fraud are barred by the...
MEMORANDUM AND ORDER PAUL BARBADORO, District Judge. This is an ERISA case in which William Sims, a former employee of the American Postal Workers Accident Benefit Association ("APWABA"), is challenging the amount of the pension that he was awarded pursuant to the APWABA Pension Plan. The parties have filed cross motions for judgment on the administrative record. I. BACKGROUND 1 The APWABA is a non-profit accident benefit association organized by United States postal employees. The...
ORDER JOSEPH A. DiCLERICO, Jr., District Judge. Steven J. Roy, who is incarcerated and proceeding pro se and in forma pauperis, filed a civil rights action against the New Hampshire Department of Corrections, Commissioner William Wrenn, New Hampshire State Prison Warden Richard Gerry, and New Hampshire State Prison Major Jon Fouts. Roy now moves for leave to amend his amended complaint to add five new defendants and seven new claims, most of which pertain to new allegations of copyright...
ORDER PAUL BARBADORO, District Judge. Hollie Crosbie was fired after her employer, Amedisys Holdings, LLC, learned that she had accepted payments from an independent living facility for referring patients to the facility. It is undisputed that Crosbie violated company policy when she accepted the fees. It also appears likely that Crosbie acted contrary to the public policies that underlie federal and state anti-kickback laws. Nevertheless, Crosbie has sued her employer for wrongful discharge....
ORDER JOSEPH A. DiCLERICO, Jr., District Judge. The Town of Wolfeboro brought suit against Wright-Pierce, the company that designed a wastewater disposal system for the town, alleging professional negligence, breach of contract, negligent misrepresentation, and breach of warranty. Wolfeboro moves for leave to amend its complaint to add claims of fraud, fraudulent misrepresentation, and gross negligence, and a claim that Wright-Pierce violated the New Hampshire Consumer Protection Act, RSA 358-...
MEMORANDUM AND ORDER PAUL BARBADORO, District Judge. This class action was filed against Federal Express Ground Package System, Inc. ("FedEx") by several FedEx drivers based in New Hampshire who claim that FedEx improperly treated them as independent contractors rather than employees. The action was centralized in a multidistrict litigation proceeding with other similar actions against FedEx. The transferee court later determined that the New Hampshire drivers could be treated as independent...
ORDER STEVEN J. McAULIFFE, District Judge. On June 28, 2013, the Court heard oral argument on plaintiffs' Emergency Supplemental Motion for Temporary Restraining Order and Preliminary Injunctive Relief, as well as defendant's Motion to Dismiss. Oral orders were entered denying plaintiffs' Emergency Supplemental Motion for Temporary Restraining Order and Preliminary Injunctive Relief (document no. 35) and granting the defendant's Motion to Dismiss (document no. 21). Plaintiff was given the...
ORDER ON APPEAL JOSEPH N. LAPLANTE, District Judge. Charles Taylor appeals the Social Security Administration's ("SSA") denial of his application for Supplemental Security Income. An administrative law judge ("ALJ") at the SSA ruled that, despite Taylor's severe impairments of seizure disorder and alcohol dependence, he retains the ability to perform his past relevant work as a store associate, and, as a result, is not disabled. See 20 C.F.R. 416.905(a). The Appeals Council later denied...
REPORT AND RECOMMENDATION LANDYA McCAFFERTY, Magistrate Judge. Pursuant to 42 U.S.C. 405(g), Joseph Czarnionka moves to reverse the Acting Commissioner's decision denying his application for Social Security disability insurance benefits, or DIB, under Title II of the Social Security Act, 42 U.S.C. 423, and for supplemental security income, or SSI, under Title XVI, 42 U.S.C. 1382. The Acting Commissioner, in turn, moves for an order affirming her decision. For the reasons that follow, I...
