OPINION [Dkt. No. 26, 27, 29, 45] REN E MARIE BUMB, District Judge. Plaintiff Deborah Heart and Lung Center ("Plaintiff"), a not-for-profit charity hospital, alleges two claims against the Defendants — Virtua Health, Inc. and Virtua Memorial Hospital Burlington County (the "Virtua Defendants"), Presbyterian Medical Center of the University of Pennsylvania Health System, University of Pennsylvania Health System, Penn Cardiac Care at Cherry Hill, and Clinical Health Care Associates of New...
OPINION [Docket Nos. 18, 21] REN E MARIE BUMB, District Judge. Plaintiff is the widow of Frank Papotto Jr ("Mr. Papotto") She claims that, under the Employee Retirement Income Security Act of 1974 ("ERISA"), the Defendant wrongfully denied accidental death and dismemberment ("AD&D") benefits owed to her as the result of her husband's death. Both parties have moved for summary judgment. For the reasons that follow, both motions are DENIED and the case is REMANDED to the claim administrator...
ORDER NOEL L. HILLMAN, District Judge. For the reasons explained in this Court's Opinion entered today, it is hereby on this 30th , day of December, 2011, ORDERED that the motion for partial summary judgment filed by plaintiff and counter-defendant Certain Underwriters at Lloyd's of London ("Lloyd's") [29] is GRANTED IN PART AND DENIED IN PART; and it is further, ORDERED that the motion for partial summary judgment against Lloyd's filed by defendant, crossclaimant, and counterclaimant...
OPINION HILLMAN, District Judge. Before the Court are a motion for partial summary judgment and cross-motion for summary judgment filed by plaintiff and counter-defendant Certain Underwriters at Lloyd's of London ("Lloyd's"), a motion for partial summary judgment against Lloyd's filed by defendant, crossclaimant, and counterclaimant GMAC Mortgage and Ally Bank Corporation (collectively "GMAC"), and a motion for partial summary judgment against Salvatore Alesi ("Alesi") filed by GMAC. For...
OPINION REEN E BARIE BUMB, District Judge. Plaintiff claims that the Defendants retaliated against him in violation of the Americans with Disabilities Act ("ADA") and New Jersey's Law Against Discrimination ("LAD"). The Defendants have all moved for summary judgment. For the reasons that follow, that motion is GRANTED. I. Background A. Factual Plaintiff visited the Deptford Mall (the "Mall") on the morning of February 28, 2007 to investigate whether the Mall's handicapped parking was...
OPINION NOEL L. HILLMAN, District Judge. Before the Court is plaintiffs' motion for conditional class certification pursuant to the Fair Labor Standards Act ("FLSA"). Also before the Court is defendants' motion for reconsideration of the Court's Order granting an extension of time to file a reply brief. For reasons explained below, plaintiffs' motion for conditional class certification will be denied without prejudice, and defendants' motion for reconsideration will be denied. I....
OPINION NOEL L. HILLMAN, District Judge. Before the Court is plaintffs' motion for conditional class certification pursuant to the Fair Labor Standards Act ("FLSA"). For reasons explained below, plaintiffs' motion for conditional class certification will be denied. I. BACKGROUND Plaintiffs David Rogers, James Van Daniker and Ivan Derrick ("plaintiffs") are current or former employees of defendant Ocean Gable Group, Inc. ("OCG"). OCG is a company engaged in the business of installing...
OPINION HOCHBERG, District Judge: This dispute illustrates both the lofty side and the seamy side of the class action industry. It involves two of four related class actions filed in this District against insurance providers who had denied health insurance coverage for the treatment of eating disorders. Both of the instant cases were filed against Horizon Blue Cross Blue Shield of New Jersey, Inc. ("Horizon") and Magellan Health Services, Inc. ("Magellan") (together, "Defendants"), and both...
OPINION NOEL L. HILLMAN, District Judge. Before the Court is defendant's motion for summary judgment on plaintiff's claims of racial discrimination pursuant to 42 U.S.C 1981, the New Jersey Law Against Discrimination, common law tort of malicious prosecution, and intentional infliction of emotional distress. For the reasons explained below, defendant's motion will be granted. I. BACKGROUND 1 On December 29, 2007, at approximately 7:10 a.m., plaintiff Calvin Maultsby, an African-...
OPINION NOEL L. HILLMAN, District Judge. This matter comes before the Court by way of Defendant Francis J. Sieber, 1 O.D.'s motion [Doc. No. 28] to dismiss Plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The Court has considered the parties' submissions and decides this matter pursuant to Federal Rule of Civil Procedure 78. For the reasons expressed below, Defendant Sieber's motion is denied. I. JURISDICTION In this case, Plaintiff asserts an Eighth...
OPINION NOEL L. HILLMAN, District Judge. This matter concerns the lease of space in a mall by a Hollywood Tans franchise. Before the Court are a motion for partial summary judgment filed by defendants Hollywood Tanning System, Inc., David R. Rahn, Ralph Venuto, Jr., and Ralph Venuto, Sr. 2 , and a cross motion for partial summary judgment filed by plaintiff. For the reasons expressed below, defendant's motion will be denied as to plaintiff's fraud claims (Counts Six, and Seven), and as to...
OPINION JOSEPH E. IRENAS, Senior District Judge. Pending before the Court is a Motion for Sanctions filed by Integrated Geotechnical Solutions, Inc. ("IGS") and Roberta Kavalek stemming from the alleged willful spoliation of evidence by Plaintiff Vibra-Tech Engineers, Inc. ("Vibra-Tech"). I. This case involves a long and complicated factual history. For the purposes of the present Motion, the Court will only provide a basic overview of the facts of the case. Vibra-Tech specializes in the...
OPINION NOEL L. HILLMAN, District Judge. Presently before the Court are several motions by Defendants seeking summary judgment and dismissal of Plaintiff's complaint. Defendants North American Roofing and David Donaldson have filed a motion [Doc. No. 37] for summary judgment, in which Defendant KaiserKane, Inc. joins. Defendants American Safety Indemnity Company and Companion Property and Casualty Insurance have filed respective motions [Doc. Nos. 38, 39] to dismiss Plaintiff's complaint...
OPINION JEROME B. SIMANDLE, District Judge. I. INTRODUCTION This matter is before the Court on the motion of the United States of America [Docket Item 8] to dismiss Robert Gordon's amended petition under 28 U.S.C. 2255 to vacate, set aside, or correct his sentence [Docket Item 3]. A federal jury found Mr. Gordon guilty of one count of conspiracy to commit wire fraud and securities fraud and one count of conspiracy to commit money laundering; this Court sentenced him to 60 months...
OPINION HILLMAN, District Judge. Before the Court is defendant's motion for summary judgment and plaintiffs' cross-motion for partial summary judgment. For reasons explained below, defendant's motion for summary judgment will be granted in part and denied in part, and plaintiff's cross-motion for summary judgment will be granted in part and denied in part. Dr. Fisher will be allowed to testify as plaintiff's expert, but cannot rely on the U.S. Coast Guard Navigation and Vessel Inspection...
LETTER OPINION WILLIAM J. MARTINI, District Judge. Dear Counsel: This matter comes before the Court on Defendants' motion to dismiss. The Court heard oral argument on November 30, 2011. For the reasons stated below, the motion to dismiss is GRANTED . I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Honeywell International Inc. ("Honeywell" or "the Company") is a diversified technology and manufacturing company incorporated in Delaware and maintaining its principal place of business in...
OPINION JOSEPH E. IRENAS, Senior District Judge. Presently before the Court is Defendant Science Systems and Applications, Inc.'s ("Science") Motion to Dismiss for lack of personal jurisdiction and failure to state a claim. 1 (Dkt. No. 21) For the following reasons, the Court will deny the Motion to Dismiss for lack of personal jurisdiction, dismiss the Motion to Dismiss for failure to state a claim and transfer the case to the District of Maryland. I. Plaintiffs are administratrices of...
OPINION JOSEPH E. IRENAS, Senior District Judge. Presently before the Court is Defendant Science Systems and Applications, Inc.'s ("Science") Motion to Dismiss for lack of personal jurisdiction and failure to state a claim. 1 (Dkt. No. 21) For the following reasons, the Court will deny the Motion to Dismiss for lack of personal jurisdiction, dismiss the Motion to Dismiss for failure to state a claim and transfer the case to the District of Maryland. I. Plaintiffs are administratrices of...
OPINION JEROME B. SIMANDLE, District Judge. On or about April 6, 2010, petitioner, Michael A. Garcia ("Garcia"), filed this petition for a writ of habeas corpus, pursuant to 28 U.S.C. 2241, in which he challenges a prison disciplinary action. He filed a supplemental petition on April 19, 2010. Garcia asks the Court to expunge the disciplinary sanctions imposed against petitioner, to re-classify petitioner to original minimum security status, and to transfer petitioner to a prison camp in...
OPINION REN E MARIE BUMB, District Judge. Randy Knaub ("Petitioner") filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. 2241 seeking expungement of his record and restoration of good conduct time, which had been disallowed as a disciplinary sanction for committing the prohibited act of Possessing a Hazardous Tool (Code 108). Based upon Petitioner's affidavit of indigence, Petitioner's application to proceed in forma pauperis is hereby granted. For the reasons expressed below,...
