REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Jamie and Alan Riley ("plaintiffs"), on behalf of their minor child A.R., brought suit in this court against School Administrative Unit No. 23 ("District") and Dr. Donald LaPlante (collectively, "defendants") alleging that the defendants violated Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. 794 ("Section 504") by failing to...
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Jeffrey Bradley brought suit against Wells Fargo Bank, N.A. and Ocwen Loan Servicing, LLC (collectively the "trial defendants"), alleging claims for constructive eviction, conversion, and intentional infliction of emotional distress. In an amended complaint, filed on January 29, 2015, Bradley also named Legacy Landscape Company ("Legacy") and Mark Murray as defendants (collectively the "defaulting defendants"). Doc. no....
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 December 3, 2015, 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...
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Plaintiff Richard Papineau has filed three motions seeking to voluntarily withdraw this action (doc. nos. 22, 26, and 27). Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, Papineau's requests to voluntarily dismiss this matter should thus be granted, and the action should be dismissed without prejudice. See Fed. R. Civ. P. 41(a). 1 Further, plaintiff's motion (doc. no. 13) seeking an order directing that...
MEMORANDUM ORDER ON SUMMARY JUDGMENT JOSEPH N. LaPLANTE , District Judge . From September 2010 until August 2011, plaintiff Jennifer Posteraro worked for defendant RBS Citizens, N.A. ("Citizens Bank" or "Citizens") at two bank branches in Manchester, New Hampshire. Defendant Christos Hatzidakis was Posteraro's supervisor at her first branch posting. Posteraro claims that virtually her entire tenure at Citizens was rife with gender and disability-based harassment that Citizens failed to...
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 November 19, 2015. SO ORDERED.
MEMORANDUM AND ORDER PAUL BARBADORO , District Judge . Jennifer Louise Lavoie is a forty-one year old woman from Warner, New Hampshire who previously worked as an automobile mechanic, heavy equipment operator, office helper, and store clerk. Lavoie applied for disability insurance benefits ("DIB") and supplemental security income ("SSI") in March 2006, alleging disability due to degenerative disc disease of the lumbar spine, obesity, and depression. In June 2013, an Administrative Law...
ORDER JOSEPH DiCLERICO, Jr. , District Judge . HayJo S.A. de CV, a Mexican corporation, and its president, Sami Hayek Dominguez, brought suit against Sponge-Jet, Inc. after Sponge-Jet terminated HayJo's distributor agreement and an employee of HayJo left to work for a new company. 1 Sponge-Jet moves for summary judgment. HayJo objects to summary judgment. Preliminary Matters Sponge-Jet charges in its reply that HayJo's objection to summary judgment is deficient because it lacks a...
ORDER Opinion No. 2015 DNH 234. LANDYA McCAFFERTY , District Judge . On July 9, 2010, Peter Porter was injured at the United States Post Office in Claremont, New Hampshire, when a loading dock ramp unexpectedly struck him in the back. Porter has brought suit against the United States of America, alleging a claim of negligence under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 2671 et seq. The court held a three-day bench trial in November 2015. After considering the trial testimony...
MEMORANDUM AND ORDER Opinion No. 2015 DNH 233. PAUL BARBADORO , District Judge . This case arises from a series of loans issued to nonparty Linda Burke that were secured by mortgages on Burke's home (the "Property"). Burke defaulted on her loans and her lenders, Bank of America and Citizens Bank, anticipate they will need to foreclose on the Property. Before initiating foreclosure, however, Bank of America brought this suit to determine which bank's lien takes first priority position. The...
ORDER STEVEN J. McAULIFFE , District Judge . Petitioner filed a Reply to the Government's Opposition (document no. 7), but it was received and docketed after the order resolving his petition was issued. The court will consider the reply as a motion to reconsider, and, having reconsidered the matter, reaffirms the previous resolution, but with some added clarification. Petitioner vacillates between asserting that defense counsel told him he had a "binding" plea agreement calling for no...
MEMORANDUM ORDER JOSEPH N. LaPLANTE , District Judge . In this mortgage-related case, plaintiff Adam Aho brings a seven-count complaint for damages and declaratory and injunctive relief against two banks whom Aho claims have no right to foreclose on his home. The defendants, Bank of America ("BOA") and Deutsche Bank National Trust Co. ("Deutsche"), moved to dismiss, asserting that Aho's complaint fails to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). After...
ORDER STEVEN J. McAULIFFE , District Judge . Based upon his plea to an information, petitioner was found guilty of mail fraud, in violation of 18 U.S.C. 1341. He now seeks relief from his conviction and sentence on grounds that his plea was improvident, claiming it was based upon fraud perpetrated by his defense counsel. A prisoner may seek post conviction relief from a federal court conviction pursuant to 28 U.S.C. 2255 if the sentence (1) was imposed in violation of the...
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . On October 6, 2015, this court issued an Order (doc. no. 30) directing plaintiff Richard L. Stebbins to notify this court as to whether he intended to prosecute this action by November 5, 2015, and warned Stebbins that the case could be dismissed if he failed to comply with that Order. Stebbins has not filed any response to the Order, and the copy mailed to him has not been returned to the court. Stebbins has abandoned the...
ORDER LANDYA B. McCAFFERTY , District Judge . No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated November 23, 2015. "`[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 STEVEN J. McAULIFFE , District Judge . Pursuant to a written plea agreement with the government, petitioner pled guilty to a superseding information charging him with sexually exploiting children in violation of 18 U.S.C. 2251(a). He was sentenced, inter alia, to a 300 month term of imprisonment. That sentence was below that recommended by the applicable Guideline Sentencing Range (360 months), and within the range prescribed by statute (15-30 years). Petitioner now seeks relief...
ORDER PAUL BARBADORO , District Judge . No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated November 10, 2015. "`[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. Secretary...
ORDER Opinion No. 2015 DNH 228. STEVEN J. McAULIFFE , District Judge . Based upon his plea to an information, petitioner was found guilty of mail fraud, in violation of 18 U.S.C. 1341. He now seeks relief from his conviction and sentence on grounds that his plea was improvident, claiming it was based upon fraud perpetrated by his defense counsel. A prisoner may seek post conviction relief from a federal court conviction pursuant to 28 U.S.C. 2255 if the sentence (1) was imposed in...
ORDER Opinion No. 2015 DNH 227. STEVEN J. McAULIFFE , District Judge . Bonnie McGrenaghan initially filed this action in state court, seeking to temporarily and permanently enjoin the Federal National Mortgage Association ("FNMA") from foreclosing its mortgage deed to her home. She also sought an order compelling FNMA to reform the underlying promissory note (which was executed by only her former husband) to allow her to assume it. The state court temporarily enjoined FNMA from...
ORDER Opinion No. 2015 DNH 225. PAUL BARBADORO , District Judge . Hitchiner Manufacturing Co., Inc. ("Hitchiner") has sued Eaton Corporation Plc. ("Eaton") for common law breach of contract, unjust enrichment, breach of contract under the Uniform Commercial Code ("UCC"), and breach of the duty of good faith and fair dealing. All of Hitchiner's claims stem from Eaton's alleged breach of a "Supply Agreement" pursuant to which Hitchiner agreed to provide castings to Eaton for use in the...
