ORDER JOSEPH N. LAPLANTE , District Judge . Torrey Laberge moves to reverse the decision of the Acting Commissioner of the Social Security Administration ("SSA") to deny his 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,...
MEMORANDUM AND ORDER PAUL BARBADORO , District Judge . AntennaSys, Inc., claims that AQYR Technologies International, Inc., has infringed U.S. Patent No. 7,432,868 B2 ("`868 Patent"). In this Memorandum and Order, I construe several disputed patent terms on which the infringement claim is based. I. Background A. Introduction The `868 Patent claims a portable antenna positioner apparatus and method for communicating with satellites. The patent's co-inventors each assigned their...
ORDER JOSEPH N. LAPLANTE , District Judge . After due consideration of the objection filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated October 29, 2018. SO ORDERED.
ORDER JOSEPH N. LAPLANTE , District Judge . Through this action, plaintiff Wells Fargo seeks to foreclose on a mortgage agreement that it alleges defendants David B. Moskoff and Daphne M.N. Fotiades entered into in 2006. 1 It alleges that these defendants defaulted on their payments due under the mortgage loan beginning in September 2012. 2 These defendants claim, in response, that they never signed the mortgage agreement or note, and that the mortgage is a fraud. 3 Wells Fargo now...
ORDER LANDYA McCAFFERTY , District Judge . Marc Breitmaier seeks judicial review of the decision of the Acting Commissioner of the Social Security Administration, denying in part his application for disability insurance benefits and supplemental social security income. Breitmaier moves to reverse the Acting Commissioner's decision, and the Acting Commissioner moves to affirm. For the reasons discussed below, the court grants the Acting Commissioner's motion to affirm and denies Breitmaier'...
ORDER JOSEPH A. DiCLERICO, JR. , District Judge . Richard Sprano seeks judicial review, pursuant to 42 U.S.C. 405(g), of the decision of the Acting Commissioner of Social Security that denied his application for disability insurance benefits and supplemental security income. In support, Sprano contends that the Administrative Law Judge ("ALJ") erred in weighing the medical opinions, which caused an erroneous conclusion that he was not disabled. The Acting Commissioner moves to affirm....
ORDER STEVEN J. McAULIFFE , District Judge . In this insurance dispute, Cam-Sam Real Estate Holding, LLC, asserts claims of negligence and negligent misrepresentation against third party defendants, Mourer-Foster, Inc., and John T. Foster (collectively, "Foster"). Foster has moved to dismiss Cam-Sam's claims against it. Cam-Sam objects. Background Cam-Sam is the owner of a commercial building and property located at 21 Londonderry Turnpike, in Hooksett, New Hampshire. Cam-Sam rented...
ORDER STEVEN J. McAULIFFE , District Judge . Plaintiffs bring this wage and hour class action, asserting that defendants unlawfully treated them as independent contractors when, in fact, they were employees. As a consequence, say plaintiffs, they were wrongfully denied overtime pay, denied reimbursement for work-related expenses, and subjected to unlawful withholdings from their pay. Defendants deny plaintiffs allegations and move to dismiss their class action complaint, asserting that...
ORDER JOSEPH A. DICLERICO, JR. , District Judge . R. Lacey Colligan brought suit against Mary Hitchcock Memorial Hospital and Dartmouth Hitchcock Clinic ("Dartmouth-Hitchcock"), alleging discrimination based on her disability, post-traumatic stress disorder, and state law claims for negligent and intentional infliction of emotional distress, defamation, and invasion of privacy. Dartmouth-Hitchcock moves for summary judgment. Colligan objects. Standard of Review Summary judgment is...
ORDER STEVEN J. McAULIFFE , District Judge . Saveth Veth brings this habeas corpus petition, seeking a stay of his imminent deportation from the United States. See 28 U.S.C. 2241. Because this court lacks jurisdiction to entertain Veth's petition, the petition, as well as his request for emergency injunctive relief, must necessarily be denied. Background In 1983, Veth and his parents left a Cambodian refugee camp located in Thailand and came to the United States as refugees. At the...
ORDER JOSEPH A. DiCLERICO, JR. , District Judge . Elizabeth Swirka moves for reconsideration of the court's order denying her motion to remand this case to state court. Liberty Mutual objects to the motion. Liberty Mutual has filed a second assented-to motion to amend the notice of removal to correct the jurisdictional basis for removal. I. Motion for Reconsideration The court denied Swirka's motion to remand based on the state law pertaining to removal of actions from the New...
ORDER LANDYA B. McCAFFERTY , Chief District Judge . After due consideration of the objections and responses filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated August 22, 2018.
MEMORANDUM ORDER JOSEPH N. LAPLANTE , District Judge . This trade-secrets case involves the adequacy of factual allegations in a complaint, as well as preemption under the New Hampshire Uniform Trade Secrets Act ("NHUTSA") and the heightened pleading requirements of Rule 9(b). Plaintiff Micronics Filtration Holdings, Inc. brought this suit against two former Micronics sales executives, Tim Miller and Peter Kristo, and the competing business they have formed, Pure Filtration, LLC....
MEMORANDUM ORDER ANDREA K. JOHNSTONE , Magistrate Judge . This case involves several players. Plaintiff Jack Eskenazi is a California resident who, through his company American HealthCare Capital, facilitates mergers and acquisitions in the healthcare industry. 1 Defendant Christopher Slover is Texas resident who owns and operates defendants Lakeview Systems and SREHC-New Hampshire ("Slover defendants"). 2 Defendant Eric Spofford is a New Hampshire resident who owns and operates...
ORDER JOSEPH A. DiCLERICO, JR. , District Judge . Nautilus Insurance Company brought a declaratory judgment action against Gwinn Design and Build, LLC; its owner, Richard Gwinn; and Paul J. Stanton, who received a judgment in state court against Gwinn Design and Gwinn, seeking to establish that Nautilus has no obligation to cover the state court judgment. 1 Nautilus moves for summary judgment on Counts V and VI. Stanton objects to summary judgment. Standard of Review Summary judgment is...
ORDER JOSEPH A. DiCLERICO, JR. , District Judge . Sonya Leclair brought suit against her former employer, Donovan Spring Co., alleging state and federal claims of sexual harassment and retaliation. Donovan Spring moves to dismiss the claims as untimely and on the ground that Leclair fails to allege retaliation. Leclair objects. Standard of Review A motion to dismiss for failure to state a claim, under Federal Rule of Civil Procedure 12(b)(6), challenges the sufficiency of the plaintiff's...
ORDER LANDYA McCAFFERTY , District Judge . D'Pergo Custom Guitars, Inc. ("D'Pergo") brings this suit against Sweetwater Sound, Inc. ("Sweetwater"), alleging claims of copyright and trademark infringement and violations of the New Hampshire Consumer Protection Act ("CPA"). D'Pergo claims that Sweetwater used a copyrighted photograph of D'Pergo's trademarked custom guitar necks to promote and sell Sweetwater products on Sweetwater's website. Pursuant to Federal Rule of Civil Procedure 12(b)(...
MEMORANDUM ORDER JOSEPH N. LAPLANTE , District Judge . Defendant Christopher Clough has filed three evidentiary motions in limine in advance of his jury trial on one count of conspiring to pay and receive kickbacks in violation of 18 U.S.C. 371, and seven counts of receiving kickbacks in violation of 42 U.S.C. 1320a-7b(b). The indictment against Clough alleges that he accepted kickbacks from Insys, a pharmaceutical company, in exchange for prescribing Subsys, a fentanyl spray, to new...
ORDER PAUL BARBADORO , District Judge . No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Daniel J. Lynch dated November 20, 2018, and deny the defendant's motion for conditional release (Doc. No. 17). "`[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. ,...
REPORT AND RECOMMENDATION DANIEL J. LYNCH , Magistrate Judge . On November 5, 2018, the defendant entered a guilty plea to the charge of Aiding and Abetting Distribution of Fentanyl in violation of 21 U.S.C. 841(a), 841(b)(1)(C), and 18 U.S.C. 2. On November 6, 2018, the defendant, who is currently detained, filed a Motion for Bail Hearing and Conditional Release. (Doc. No. 17). Subsequently the matter was referred to the Magistrate Judge for resolution. (Endorsed Order Dated Nov. 8,...
