REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Ronald Bourdon has filed a petition for a writ of habeas corpus under 28 U.S.C. 2254. The petition includes a claim which this court has identified as Claim 13, asserting a Sixth Amendment violation based on the alleged ineffectiveness of counsel appointed to represent Bourdon in a motion for a new trial in Superior Court. Before this court is respondent's motion to dismiss Claim 13 (Doc. No. 18). Procedural History...
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Matthew Bobola, appearing pro se, is currently being incarcerated by the New Hampshire Department of Corrections ("DOC") at the New Hampshire State Prison ("NHSP"). Under the aegis of 42 U.S.C. 1983, Bobola asserts that he has been denied adequate medical care, in violation of the Eighth Amendment to the United States Constitution. He also asserts a claim for medical negligence under New Hampshire state law. Before this...
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Timmie Fair, appearing pro se, is currently being incarcerated by the New Hampshire Department of Corrections ("DOC") at the New Hampshire State Prison ("NHSP"). Under the aegis of 42 U.S.C. 1983, Fair asserts that Patrick Keon and Maria McKenna, two nurses at the NHSP, denied him adequate medical care in violation of the Eighth Amendment to the United States Constitution. Before this magistrate judge for a report and...
ORDER PAUL BARBADORO , District Judge . BAL Global Finance, LLC has sued Robert Gundersen for breach of contract and an account stated based on a guarantee Gundersen executed in connection with a commercial lease. Gundersen argues in a motion to dismiss (doc. no. 7) that both claims are barred by the applicable statute of limitations. I. BACKGROUND This case arises from a commercial equipment lease between lessee Stump Disposal Systems, Inc. ("Stump") and lessor Direct Capital Corp....
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . The plaintiffs, Norman and Kimberly Lombardo, brought this action in state court against the defendants, Federal National Mortgage Association ("Fannie Mae") and Ditech Financial LLC ("Ditech"), seeking to void a foreclosure sale. The defendants removed the case to federal court, and the plaintiffs subsequently amended their complaint to include several additional counts under state and federal law. Before the court for...
ORDER LANDYA McCAFFERTY , District Judge . Pursuant to 42 U.S.C. 405(g), Randy Sherman moves to reverse the Acting Commissioner's decision to deny his application for Social Security disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 423. The Acting Commissioner, in turn, moves for an order affirming her decision. For the reasons that follow, this matter is remanded to the Acting Commissioner for further proceedings consistent with this order. I....
MEMORANDUM OPINION JOSEPH N. LAPLANTE , District Judge . "Organizational standing" is a frequently contested issue in citizen enforcement actions. In the case at bar, Conservation Law Foundation (CLF) alleges that Continental Paving, Inc., (operating under the trade name Concord Sand & Gravel), violated the Federal Water Pollution Control Act by discharging polluted water without proper authorization or permits. CLF seeks declaratory and injunctive relief, and imposition of civil...
ORDER LANDYA McCAFFERTY , District Judge . This case, which has been removed from the Merrimack County Superior Court, consists of five claims asserted by Susan Heino in response to defendant's attempt to foreclose on a mortgage Heino gave to defendant's predecessor in interest, Washington Mutual Bank ("WaMu"). Before the court is defendant's motion for summary judgment. Plaintiff objects. The court heard oral argument on defendant's motion on July 26, 2016. Summary Judgment Standard A...
ORDER LANDYA McCAFFERTY , District Judge . Pursuant to 42 U.S.C. 405(g), Carolyn Hunt moves to reverse the Acting Commissioner's decision to deny her applications 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, this matter is...
ORDER STEVEN J. McAULIFFE , District Judge . Donald Rhodes was employed by Holden Engineering & Surveying, Inc., from 1984 until 1995. During four of those years, he participated in Holden Engineering's "Incentive Compensation Plan" — a deferred compensation plan administered for the benefit of Holden's highly compensated employees. This litigation arises out of the Plan Administrator's refusal to pay Plan benefits, in the amount of $60,000, to which Rhodes says he is entitled under the...
ORDER JOSEPH DiCLERICO, Jr. , District Judge . Gary Sahlin moved to vacate his conviction and sentence pursuant to 28 U.S.C. 2255. 1 In support, he argues that his conviction and sentence based on his guilty plea to charges of violating 18 U.S.C. 2113(a) and (d) and 18 U.S.C. 924(c)(1)(B)(ii) must be vacated based on Johnson v. United States , 135 S.Ct. 2551 (2015). The government moves to dismiss the petition on the ground that it is untimely. Background Sahlin pled guilty in...
ORDER ANDREA K. JOHNSTONE , Magistrate Judge . In an action removed from state court, the plaintiff, Bridget Gasparik, alleges that Federal National Mortgage Association ("Fannie Mae") violated state and federal law when it foreclosed upon a home in Danbury, New Hampshire. Doc. no. 13. Fannie Mae moves to dismiss this action under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Doc. no. 14. The plaintiff objects. Doc. no. 15. For the following reasons, Fannie Mae's...
MEMORANDUM ORDER JOSEPH N. LAPLANTE , District Judge . This defamation action turns on whether this court has specific personal jurisdiction over several Massachusetts citizens and a Nevada corporation that has its principal place of business in Massachusetts. Plaintiff Francis Reynolds, a New Hampshire businessman, brings claims of defamation, conspiracy, and tortious interference with prospective contractual relations against his former corporation, InVivo Therapeutics Corp., and...
MEMORANDUM ORDER JOSEPH N. LAPLANTE , District Judge . Resolution of the plaintiffs' motions to remand these environmental trespass actions to state court turns on whether these actions amount to "local controversies" under the Class Action Fairness Act (CAFA). See 28 U.S.C. 1332(d)(4) Plaintiffs filed two purported class actions in Hillsborough Superior Court against Saint-Gobain Performance Plastics Corp. and Gwenael Busnel, general manager for Saint-Gobain's facility in Merrimack,...
ORDER JOSEPH DiCLERICO, Jr. , District Judge . Christopher Campbell, brings this action against his former employer, CGM, LLC, asserting claims for breach of contract; fraud, deceit and misrepresentation; violation of the New Hampshire Consumer Protection Statute RSA Chapter 358-A; and unpaid wages. Both Campbell and CGM have filed motions for summary judgment. Campbell now moves to strike the declaration of Duane Szarek submitted by CGM in support of its objection to Campbell's motion for...
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Under the aegis of 42 U.S.C. 1983, pro se plaintiff Kevin Hokenstrom has sued the New Hampshire Department of Corrections ("DOC") and several current and former DOC employees. He claims that while he was incarcerated by the DOC in the Northern New Hampshire Correctional Facility ("NCF"), defendants violated his rights under the Eighth and Fourteenth Amendments to the United States Constitution, and under Title II of the...
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 November 2, 2016, 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 . Pursuant to 42 U.S.C. 405(g), Daniel Locke moves to reverse the Acting Commissioner's decision to deny his application for Social Security disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 423. The Acting Commissioner, in turn, moves for an order affirming her decision. For the reasons that follow, this matter is remanded to the Acting Commissioner for further proceedings. I....
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Presently pending in this court is defendants' motion for summary judgment (Doc. No. 19), filed on May 9, 2016. Plaintiff has not objected or otherwise responded to the motion. The last communication the court had with plaintiff was when he appeared by video at a pretrial conference held on February 8, 2016. The last filing from plaintiff was docketed in this matter on January 11, 2016, when plaintiff filed a motion for a...
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Pro se plaintiff, Derrick Hentschel, who is currently being incarcerated by the Rockingham County Department of Corrections ("RCDC"), claims that the RCDC violated his rights under Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12131-34. His claim is based on allegations that he is disabled, and that his unaccommodated disability prevented him from using the outside recreation area at the Rockingham...
