JOINT MOTION TO STRIKE AND EXCLUDE PLAINTIFF'S LATE-DISCLOSED EXPERTS ANDREA K. JOHNSTONE , Magistrate Judge . NOW COME all Defendants, Town of Haverhill and Officer Ryan Jarvis by their counsel, Gallagher, Callahan & Gartrell, P.C., and Officer Gregory Collins, by his counsel, CullenCollimore, PLLC, and jointly move to strike and exclude Plaintiff's late-disclosed experts, and say as follows: 1. Pursuant to the Court's order, Plaintiff was required to disclose her experts on or before...
LANDYA B. MCCAFFERTY , District Judge . Now Comes the Plaintiff, Sanjeev Lath in the matter, and submits his Fourth Amended Complaint pursuant to this Honorable Court's order dated July 13, 2017 [ Doc 170 ]. Claim 16 against Gerard Dufresne, Betty Mullen, Oak Brook Condominium Owners' Association, thru its present and past board members and employees, for conspiracy to cause constructive eviction of Plaintiff from his residence and conspiracy to deprive Sanjeev Lath of basic necessities...
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Before the court are documents (Doc. No. 1) filed by Richard Maximus Strahan, removing a pending misdemeanor prosecution from the New Hampshire Circuit Court to this court. The matter is here for review under 28 U.S.C. 1455 and LR 4.3(d)(3). Standard State criminal defendants may remove state criminal prosecutions to federal court in rare circumstances. See 28 U.S.C. 1442 (criminal prosecutions against federal...
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Pro se plaintiff Richard Coleman has pending claims against Natasha Cormier and FNU Dronsfield alleging malicious prosecution. Cormier was defaulted by the Clerk of Court for failure to appear. Doc. no. 34. Dronsfield has appeared and is defending the claims against him through counsel. Coleman moves for an entry of default judgment against Cormier. Doc. no. 47. Dronsfield moves to stay the adjudication of that motion,...
ORDER STEVEN J. McAULIFFE , Magistrate Judge . No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated December 7, 2017, for the reasons set forth therein. Mr. Jones' Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 is hereby dismissed in its entirety for lack of subject matter jurisdiction. "`[O]nly those issues fairly raised by the objections to the magistrate's report are subject to review in the district...
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Anthony Jones, a federal prisoner presently incarcerated at the Federal Correctional Institution, in Berlin, New Hampshire ("FCI-Berlin"), has filed a petition for a writ of habeas corpus (Doc. No. 1), pursuant to 28 U.S.C. 2241. The matter is before this court for preliminary review, to determine whether the petition is facially valid and may proceed. See 28 U.S.C. 2243; LR 4.3(d)(4)(A); see also Rule 4 of the...
REPORT AND RECOMMENDATION ANDREA K. JOHNSTONE , Magistrate Judge . Pursuant to 42 U.S.C. 405(g), Debra Montrose 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...
MEMORANDUM AND ORDER PAUL BARBADORO , District Judge . Gerard Boulanger was convicted of several crimes stemming from a pharmacy robbery, including one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. 922(g)(1). Boulanger's sentence on the felon in possession charge was subject to a sentencing enhancement authorized by the Armed Career Criminal Act ("ACCA"), 18 U.S.C. 924(e)(1), that applies when a felon in possession has three or more prior convictions...
ORDER JOSEPH A. DiCLERICO, JR. , District Judge . Marie Gruhler seeks judicial review, pursuant to 42 U.S.C. 405(g), of the decision of the Acting Commissioner of Social Security, denying her application for disability benefits under Title II the Social Security Act. Gruhler moves to reverse on the grounds that the Administrative Law Judge ("ALJ") erred in weighing opinion evidence, in considering her impairments, and in failing to find that she is disabled. The Acting Commissioner moves...
ORDER JOSEPH N. LAPLANTE , Chief District Judge . After due consideration of the objection filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated November 7, 2017. Additionally, finding that the petitioner has failed to make substantial showing of the denial of a constitutional right, the court declines to issue a certificate of appealability. See 28 U.S.C. 2253(c)(2); Rule 11, Rules Governing Habeas Corpus Cases Under Section 2254; First...
ORDER LANDYA McCAFFERTY , District Judge . This case now consists of one federal claim against the Manchester Police Department ("MPD") and/or the City of Manchester ("City"), brought through the vehicle of 42 U.S.C. 1983, plus state law claims against all four defendants. Against Gerard Dufresne, Sanjeev Lath asserts claims for: (1) unlawful wiretapping and/or eavesdropping, in violation of New Hampshire Revised Statutes Annotated ("RSA") 570-A (Cause 17); and (2) civil conspiracy (...
MEMORANDUM ORDER JOSEPH N. LAPLANTE , District Judge . This discovery dispute arises in the context of a medical negligence and wrongful death case following the traumatic delivery and subsequent death of Prezlie Newland at Littleton Regional Hospital. Her parents, plaintiffs Jessica Newland and Phillip Newland, move the court to compel defendant Littleton's employee, Jessica Upson, to answer deposition questions regarding the conversation she had with her supervisor, Kim Force, following...
ORDER JOSEPH A. DICLERICO, JR. , District Judge . Ralph Faiella brought a plea of title action in state court against Federal National Mortgage Association ("Fannie Mae") and Green Tree Servicing LLC, now known as Ditech Financial LLC ("Ditech"), which was removed to this court. Following prior motion practice, Faiella's remaining claims are for negligent misrepresentation and deceit against Fannie Mae. Fannie Mae moves for summary judgment on both claims and moves to strike Faiella's...
ORDER JOSEPH N. LAPLANTE , Chief District Judge . After due consideration of the objections filed, I herewith approve the Report and Recommendation of Magistrate Judge Daniel J. Lynch dated November 14, 2017.
REPORT AND RECOMMENDATION DANIEL J. LYNCH , Magistrate Judge . Before the court is a motion to quash service filed by David B. Moskoff ("Moskoff"). (Doc. No. 30). For the reasons that follow, the court recommends the motion be denied. I. BACKGROUND The plaintiff initiated this action against Moskoff and other defendants on April 11, 2017. (Doc. No. 1). The plaintiff subsequently filed an amended complaint on April 12, 2017, before the court had issued summonses for service of...
ORDER JOSEPH N. LAPLANTE , District Judge . The objection deadline to the Report and Recommendation (doc. no. 95) was 11/21/2017. To accommodate the Thanksgiving holiday, the court sua sponte added 3 days plus 2 weeks to give the plaintiff ample opportunity to respond to the Report. No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated November 7, 2017. "`[O]nly those issues fairly raised by the objections to the...
ORDER JOSEPH DiCLERICO, JR. , District Judge . Gary D. and Carolyn L. Bulpitt brought suit against Carrington Mortgage Services, LLC ("Carrington") and Deutsche Bank National Trust Company, as Trustee for the New Century Home Equity Trust 2005-3 ("Deutsche Bank") after the foreclosure sale of their home in Atkinson, New Hampshire. The defendants have moved for summary judgment on the remaining claims in the case. The plaintiffs object. Standard of Review In the order issued on September...
MEMORANDUM AND ORDER PAUL BARBADORO , District Judge . This bankruptcy appeal arises from an attempt by a debtor in possession to recover attorney's fees incurred during the bankruptcy proceeding from a secured creditor's cash collateral. The bankruptcy court denied the debtor's request because the court concluded that the requested fees did not benefit the secured creditor. I reverse. I. BACKGROUND MRMS Property Management, Inc. ("MRMS"), owned a single piece of commercial real...
MEMORANDUM ORDER JOSEPH N. LAPLANTE , District Judge . Resolution of the defendants' motions to dismiss this environmental trespass action turns on whether the plaintiffs have pleaded injuries recognized by New Hampshire law. Plaintiffs in this consolidated, putative class action allege that defendant Saint-Gobain Performance Plastics Corporation's Merrimack, New Hampshire plant released chemicals that contaminated the local groundwater. 1 They seek to recover against Saint-Gobain and...
ORDER LANDYA McCAFFERTY , District Judge . Before the court is a motion to amend the complaint filed by plaintiff HCC Specialty Underwriters, Inc. ("HCC"). See doc. no. 46. In the original complaint, HCC alleges that defendant John Woodbury, a former employee of HCC, violated his 1996 non-compete agreement and misused confidential information while working for defendant Buttine Underwriters Agency, LLC d/b/a Prize and Promotion Insurance Services ("Buttine"), a competitor of HCC. Based...
