OPINION FOR PUBLICATION 1 SHWARTZ, United States Magistrate Judge. I. INTRODUCTION This matter is before the Court by way of Plaintiffs' motions for: (1) certification of the settlement class; (2) final approval of the class settlement embodied in the agreement dated February 11, 2010; (3) an award of attorneys' fees; and (4) reimbursement of expenses and costs. For the reasons set forth in this opinion, the motions are granted. II. BACKGROUND AND RELEVANT FACTS The...
MEMORANDUM OPINION COOPER, District Judge. Plaintiffs, former general category scallop permit holders, brought this action against the Secretary of the United States Department of Commerce ("Secretary"), the National Oceanic and Atmospheric Administration ("NOAA"), and the National Marine Fisheries Service ("NMFS" and, collectively, "defendants"). (Dkt. entry no. 21, 2d Am. Compl. at 1.) Plaintiffs challenge a final rule issued by the NMFS on behalf of the Secretary, Amendment 11 to the...
OPINION JEROME B. SIMANDLE, District Judge. Petitioner Dalma Edwards ("Edwards"), a federal prisoner currently confined at the Federal Correctional Institution at Fort Dix, New Jersey ("FCI Fort Dix"), has submitted a petition for a writ of habeas corpus, pursuant to 28 U.S.C. 2241, 1 on or about July 1, 2010, challenging a determination made by the Federal Bureau of Prisons (hereinafter the "BOP") for his placement in a residential re-entry center at the end of his prison term, allegedly...
MEMORANDUM OPINION & ORDER NOEL L. HILLMAN, District Judge. This matter having come before the Court on defendants' motion to dismiss plaintiff's complaint against defendants for claims, brought pursuant to 42 U.S.C. 1983, that defendants—medical professionals in the prison infirmary—violated his constitutional rights when they administered a TB test and by tampering with his medical records; and In considering plaintiff's prior motion for default judgment and defendant's motion to dismiss,...
OPINION JOSE L. LINARES, District Judge. Petitioner Michael Hasher, a civilly-committed mental patient currently confined at the Special Treatment Unit in Kearny, New Jersey, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The respondents are Bernard Goodwin and Gregg Conway. For the reasons stated herein, the Petition must be denied. I. BACKGROUND A. Factual Background The relevant facts are set forth in the opinion of the Superior Court of New...
OPINION RENEE MARIE BUMB, District Judge. Petitioner, Robert B. Davis ("Davis"), is a federal inmate, who was confined at the FCI Fairton in Fairton, New Jersey, at the time he filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. Davis was transferred to a federal facility in Coleman, Florida, after his petition was filed; therefore, this Court retains jurisdiction over the petition. 1 For the reasons set forth below, the Court finds that the petition for habeas...
OPINION NOEL L. HILLMAN, District Judge. Presently before the Court is the motion of defendant Hyundai America Shipping Agency, Inc. for summary judgment on plaintiffs' claims arising from a injuries plaintiff Joseph Duczkowski sustained while working as a longshoreman discharging cargo off the vessel M/V DARIA. 1 For the reasons expressed below, defendant's motion will be granted. BACKGROUND On May 22, 2005, plaintiff Joseph Duczkowski was performing his duties as a crane operator...
OPINION NOEL L. HILLMAN, District Judge. Presently before the Court is the motion of defendants for summary judgment on plaintiff's claim that defendants breached the parties' title insurance contract. For the reasons expressed below, defendants' motion will be granted. BACKGROUND This case concerns one aspect of a Ponzi-like scheme the now-bankrupt Mitchell Deutsch allegedly perpetrated on numerous creditors for the purchase of land, businesses, and personal items. (See Def. Ex. 1.) Prior...
IRENAS, Senior District Judge: This action arises out of Plaintiff Diana May's allegations of sexual harassment by Defendants Fred Costantino and John Kearney (the "Individual Defendants") and of retaliatory dismissal by the Individual Defendants and Defendant The Borough of Pine Hill ("Pine Hill"). 1 Plaintiff asserts against all Defendants claims of sexual harassment under the New Jersey Law Against Discrimination ("NJLAD"), N.J.S.A. 10:5-12(A), (Count One), breach of implied covenant of...
OPINION NOEL L. HILLMAN, District Judge. This matter concerns the determination of which entity or person is liable to pay for a multi-million dollar state court jury verdict in favor of a plaintiff who sued the County of Camden, New Jersey for injuries he sustained when he drove off the road and into a guardrail owned and maintained by the County. Presently before the Court is the motion of Commerce Insurance Services to dismiss fourth-party plaintiff Scibal Associates, Inc.'s claims against...
OPINION JEROME B. SIMANDLE, District Judge. I. INTRODUCTION This matter involving alleged inadequate medical treatment for a federal prisoner is before the Court on Defendants' motion for summary judgment [Docket Item 81]. The principal issue to be determined is whether Plaintiff has exhausted his administrative remedies regarding his remaining claim for denial of a knee brace and walker, as required by the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. 1997e(a). As explained in today's...
OPINION NOEL L. HILLMAN, District Judge. Plaintiff, Christopher Brown, alleges that Defendants, Showboat Atlantic City Propco, LLC and Atlantic City Showboat, Inc. violated the Americans with Disabilities Act, 42 U.S.C. 12181 et seq. (hereinafter "ADA") and the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. Plaintiff alleges he encountered discriminatory barriers at the Showboat that affected his ability to fully utilize and enjoy the hotel and casino. Defendants contend...
OPINION JOSEPH E. IRENAS, District Judge. Plaintiff April Alotto initiated this action against her former employer, ECSM Utility Contractors, Inc. ("ECSM") and Edward Opio, her former supervisor (collectively "Defendants"). 1 Plaintiff alleges that Defendants failed to accommodate her disability and discriminated against her on the basis of her disability, in violation of the New Jersey Law Against Discrimination ("NJLAD"), N.J.S.A. 10:5-1 et seq. Pending before the Court is Defendants'...
OPINION NOEL L. HILLMAN, District Judge. Plaintiff, Murray Celestine, alleges that Defendants, Michael J. Foley, Jr., John Dick, Michael Bielski and Joseph Pierson violated his federal and state civil rights. Defendants Foley and Dick filed a Partial-Motion to Dismiss Plaintiff's Complaint for failure to state a claim and Defendants Bielski and Pierson filed a Partial-Motion for Judgment on the Pleadings. For the reasons expressed below, Defendants' Partial-Motions shall be granted-in-part...
OPINION NOEL L. HILLMAN, District Judge. Petitioner James A. Mitchell, a prisoner currently confined at FCI Fort Dix, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241 1 naming Donna Zickefoose as the sole respondent to the Petition. Based on Petitioner's affidavit of indigence, the Court granted Petitioner leave to proceed in forma pauperis . Respondent made an application for leave to file a Motion to Dismiss in Lieu of Answer. The Court granted Respondent'...
IRENAS, Senior District Judge: Plaintiff Douglas Charles Stroby brings this suit against Defendants Jeffrey Lancaster, Blaze Catania and Egg Harbor Township, which arises out of a dispute and physical altercation between Plaintiff and Defendant Lancaster. 1 At the time, Defendant Lancaster was an officer with the police department of Defendant Egg Harbor Township, and Defendant Blaze Catania was the Chief of Police of Defendant Egg Harbor Township. Defendants Catania and Egg Harbor...
OPINION IRENAS, Senior District Judge: This matter appears before the Court on Defendant's Motion to Dismiss the Third Count of the Amended Complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6). 1 Defendant also seeks to dismiss Plaintiff's claims for punitive damages and attorney's fees. For the reasons sets forth below, the Court will grant the Motion as to the Third Count of the Amended Complaint and as to Plaintiff's claim for attorney's fees under the First and Second Count of...
OPINION WIGENTON, District Judge. Before the Court is Defendants' Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). This Court has jurisdiction under 28 U.S.C. 1331, 2201, and 2202. Venue is proper pursuant to 28 U.S.C. 1391. The Motion is decided without oral argument pursuant to Federal Rule of Civil Procedure 78. For the reasons stated below, this Court grants Defendants' Motion to Dismiss. FACTUAL AND PROCEDURAL BACKGROUND This suit—one of many...
OPINION IRENAS, Senior District Judge: This matter appears before the Court on Defendant's Motion to Dismiss the Complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6). 1 For the reasons sets forth below, the Court will grant in part and deny in part the Motion. I. The following facts are alleged in the Complaint. Defendant, The Medicines Company, ("Medco") employed Plaintiff, Monica DiTommaso, ("DiTommaso") as a salesperson from February 6, 2002, until on or about April 7, 2009. (...
OPINION IRENAS, Senior District Judge: This matter comes before the Court on the Notice of Removal of Third-Party Defendant Hawaiian Dredging Construction Company ("HDCC"). This Court issued an Order to Show Cause on November 15, 2010, in order to determine if the Court had subject matter jurisdiction over the present matter. For the reasons set forth below, this Court finds that removal was improper because this Court lacks subject matter jurisdiction over the action. I. HDCC is the...
