CONTINUANCE ORDER DOUGLAS E. ARPERT, Magistrate Judge. Defendant CHAIM RUBIN having been arrested on a criminal complaint charging the defendant with conspiracy to kidnap, in violation of Title 18, United States Code, Section 1201(c); and the defendant having appeared before the Court for an initial appearance on May 15, 2014; and the defendant and his counsel being aware that an Information or Indictment ordinarily must be filed within thirty (30) days of defendant's initial appearance on...
MEMORANDUM OPINION & ORDER TO SHOW CAUSE NOEL L. HILLMAN, District Judge. WHEREAS, presently pending before the Court is the motion of Plaintiff, Scott Kacmarski, for the appointment of a temporary receiver for Sportfishermen.com and for a preliminary injunction to enjoin Defendants, John Eppehimer and Rising Tide Media, LLC ("Rising Tide Media"), from accessing, directly or indirectly, any funds, income or assets of Sportfishermen.com, or in any manner interfering with the ordinary day-to-...
OPINION KEVIN McNULTY , District Judge . I. Introduction Thomas Mann worked at Paramus Auto Mall ("PAM"), a car dealership, from December 1995 through April 2010. The majority shareholder and dealer-operator of the PAM dealership was Eugene Meyers, who is now deceased. Mann claims that Meyers and his successors took several actions that damaged Mann either as an employee or as a shareholder of PAM. As an employee, Mann alleges that Meyers wrongfully terminated him because of his age....
OPINION & ORDER KEVIN McNULTY, District Judge. On June 30, 2014, Magistrate Judge Michael A. Hammer granted the motion of the defendant, Gregory R. Zappala, to transfer venue of this action to the Middle District of Pennsylvania pursuant to 28 U.S.C. 1404. ( See Order, ECF No. 41; Transcript of Oral Opinion ("Op."), ECF No. 45-5) The plaintiffs, Vision Holdings, LLC ("Vision") and Robert J. Powell, have appealed that ruling to this Court. (ECF No. 45) For the reasons expressed in...
OPINION & ORDER KEVIN MCNULTY, District Judge. On June 30, 2014, Magistrate Judge Michael A. Hammer granted the motion of the defendant, Gregory R. Zappala, to transfer venue of this action to the Middle District of Pennsylvania pursuant to 28 U.S.C. 1404. ( See Order, ECF No. 41; Transcript of Oral Opinion ("Op."), ECF No. 45-5) The plaintiffs, Vision Holdings, LLC ("Vision") and Robert J. Powell, have appealed that ruling to this Court. (ECF No. 45) For the reasons expressed in...
REPORT & RECOMMENDATION LOIS H. GOODMAN, Magistrate Judge. This matter has been opened by the Court sua sponte as a result of Plaintiff's failure to comply with this Court's orders. For the reasons that follow, it is respectfully recommended that the case be DISMISSED WITH PREJUDICE. I. BACKGROUND AND PROCEDURAL HISTORY On December 13, 2013, Plaintiff filed this matter against New Jersey Re-Insurance Company ("Defendant") alleging breach of a flood insurance contract in the aftermath of...
OPINION JOSE L. LINARES, District Judge. At issue in this case is the validity and enforceability of Plaintiffs' patent for Testim , a drug commonly prescribed to treat conditions associated with testosterone deficiency in adult males. After careful review and consideration of the evidence presented at a bench trial, the Court finds that Defendant, Watson Laboratories, Inc., has met its burden of proving the invalidity of claim 3 of the '607 patent. Specifically, the Court finds that claim 3...
MEMORANDUM OPINION MICHAEL A. SHIPP, District Judge. This matter comes before the Court on Defendant Renyi Hou's ("Mr. Hou" or "Defendant") motion to dismiss Plaintiff Warner Technology & Investment Corp.'s ("Plaintiff') Complaint on the grounds of lack of personal jurisdiction, improper venue, forum non conveniens, failure to state a claim, and failure to plead fraud with particularity. (ECF No. 14.) Plaintiff filed opposition (ECF No. 16), and Defendant replied (ECF No. 21). The Court has...
MEMORANDUM ORDER MICHAEL A. SHIPP, District Judge. Plaintiff Professional Emergency Medical Services Association of new Jersey, IAFF Local 4610, PFANJ, AFL-CIO ("PEMSA") moves for reconsideration of this Court's April 28, 2014 Memorandum Order. (Pl.'s Mot., ECF No. 32.) Defendant Monmouth Ocean Hospital Services Corporation ("MONOC") filed opposition (Def.'s Opp'n, ECF No. 34.) The Court has carefully considered the parties' submissions and decided the matter without oral argument pursuant to...
OPINION MICHAEL A. SHIPP, District Judge. This suit is a putative class action brought by healthcare providers and chiropractic professional associations against an insurance company and its affiliates, claiming violations of the Employee Retirement Income Security Act of 1974 ("ERISA"). Plaintiffs bring suit against Aetna, Inc., and several of its affiliated or subsidiary companies ("Aetna") claiming that the company engages in retroactive benefit determinations that do not comply with ERISA....
OPINION JOEL A. PISANO, District Judge. In 2012, Plaintiff Joseph Masci ("Joseph"), then a fourteen-year-old boy, attempted to ride a certain ride at Six Flags Great Adventure only to learn that he no longer fit the ridership requirements for the ride. Not only that, but Joseph was no longer permitted on all but two rides at the park due to new ridership requirements at Six Flags that exclude, from the vast majority of rides, riders without at least one fully formed arm and one fully formed...
REPORT AND RECOMMENDATION MICHAEL A. HAMMER, Magistrate Judge. I. INTRODUCTION This matter comes before the Court by way of Defendant the United States' ("United States" or the "Government") 1 motion to dismiss for lack of subject matter jurisdiction. See D.E. 2. Specifically, Defendant asserts that sovereign immunity precludes Plaintiff Drive New Jersey Insurance Company's ("Drive") action seeking a declaratory judgment. Id. at 2. Pursuant to Local Civil Rule 72.1, the Honorable Esther...
OPINION JEROME B. SIMANDLE, Chief District Judge. I. INTRODUCTION Petitioner Shawn Coleman brings this petition to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255. [Docket Item 1.] On September 14, 2011, a jury convicted Petitioner of one count of unlawful possession of a firearm by a convicted felon in violation of 18 U.S.C. 922(g), and on January 13, 2012, this Court sentenced Petitioner to 108 months imprisonment followed by three years of supervised release. [Cr....
OPINION NOEL L. HILLMAN, District Judge. This matter comes before the Court for decision after a bench trial on the merits. The parties have submitted proposed Findings of Fact and Conclusions of Law. As set forth below, the Court finds that the parties in this action formed a contract missing an essential term — namely the time for payment. However, when the time for delivery came both parties acted in a manner inconsistent with a gap-filling measure provided for by New Jersey's version of...
OPINION ANNE E. THOMPSON, District Judge. Petitioner Ryan Washington, a federal prisoner, has filed this Motion pursuant to 28 U.S.C. 2255, to vacate, set aside, or correct his sentence. (Doc. No. 1). Respondent United States of America opposes. (Doc. No. 6). The Court has issued the Opinion below based on the parties' written submissions. For the reasons stated herein, the petition will be denied. BACKGROUND Petitioner and three co-defendants were convicted by jury trial in April 2003 of...
ORDER ANTHONY R. MAUTONE, Magistrate Judge. The financial ability of the defendant to retain counsel having been established by the Court, and the defendant not having waived the appointment of counsel, IT IS on this 4th day of December , 2014 ORDERED that the Office of the Federal Public Defender for the District of New Jersey is hereby appointed to represent said defendant in this cause until further Order of the Court.
ORDER ANTHONY R. MAUTONE, Magistrate Judge. The financial ability of the defendant to retain counsel having been established by the Court, and the defendant not having waived the appointment of counsel, IT IS on this 4th day of December , 2014 ORDERED that the Office of the Federal Public Defender for the District of New Jersey is hereby appointed to represent said defendant in this cause until further Order of the Court.
ORDER ANTHONY R. MAUTONE, Magistrate Judge. The financial ability of the defendant to retain counsel having been established by the Court, and the defendant not having waived the appointment of counsel, IT IS on this 4th day of December , 2014 ORDERED that the Office of the Federal Public Defender for the District of New Jersey is hereby appointed to represent said defendant in this cause until further Order of the Court.
ORDER ANTHONY R. MAUTONE, Magistrate Judge. The financial ability of the defendant to retain counsel having been established by the Court, and the defendant not having waived the appointment of counsel, IT IS on this 10th day of December , 2014. ORDERED that the Office of the Federal Public Defender for the District of New Jersey is hereby appointed to represent said defendant in this case until further Order of the Court.
Opinion and Order KATHARINE S. HAYDEN, District Judge. This matter comes before the Court upon plaintiff Daniel Gutierrez's motion for entry of default judgment [D.E. 12] against defendants LCC Landscapes and Luciano Caggiano, Jr. ("Defendants"); and Gutierrez having commenced this action against Defendants for their alleged violation of the Fair Labor Standards Act, 29 U.S.C. 201 and the New Jersey State Wage and Hour Law, N.J.S.A. 34:11-561; and The Court, having reviewed Gutierrez's...
