REPORT & RECOMMENDATION LEDA DUNN WETTRE , Magistrate Judge . This matter, having been opened by the Court sua sponte based on Plaintiff Kelcie Finn's failure to comply with this Court's Orders and enter an appearance either by counsel or pro se ; and Plaintiff having failed to respond to the Order to Show Cause issued by this Court on November 2, 2016, (ECF No. 30); and for good cause shown; it is respectfully recommended that Plaintiff's Complaint be stricken and that her case be...
NOT FOR PUBLICATION MICHAEL A. SHIPP , District Judge . MEMORANDUM OPINION Plaintiff Todd Stathum, Sr. brings this action against Defendants pursuant to 42 U.S.C. 1983, alleging violations of his constitutional rights based on the denial of religious meals. The Court previously directed the Clerk to enter a Clerk's default against Defendants due to their failure to file a timely response after service of process. (Order, June 23, 2016, ECF No. 22.) Presently before the Court are...
OPINION KEVIN McNULTY , District Judge . I. INTRODUCTION Petitioner, Felix Oriakhi, is an immigration detainee currently lodged at the Hudson County Correctional Facility in Kearny, New Jersey. He is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241, and also seeks mandamus relief. Mr. Oriakhi's application to proceed in forma pauperis will be granted based on the information provided therein. For the following reasons, Mr. Oriakhi's petition for...
NOT FOR PUBLICATION ORDER KATHARINE S. HAYDEN , District Judge . For the reasons expressed in the accompanying opinion, ORDERED that the motion for summary judgment on count one filed by Stephanie Franco [D.E. 603] is granted; and it is further ORDERED that the motion for summary judgment on count one filed by Rick Ross, the Ross Institute, the Estate of Paul Martin, and Wellspring Retreat [D.E. 614] is granted; and it is further ORDERED that count one is dismissed; and it...
NOT FOR PUBLICATION OPINION KATHARINE S. HAYDEN , District Judge . These matters come before the court by way of summary judgment motions by defendants and counterclaim defendants arising from a set of related events and facts. This case has a long history in the District of New Jersey and elsewhere, and has been the subject of failed mediations and numerous judicial rulings. Not surprisingly, the docket reflects a host of filings. This Court has carefully reviewed the docket and this...
Not for Publication OPINION JOHN MICHAEL VAZQUEZ , District Judge . This case involves an insurance coverage dispute. Presently, four motions are pending before the Court: (1) Plaintiff National Manufacturing Co., Inc.'s ("National" or "Plaintiff") Daubert motion to exclude or in the alternative to limit expert testimony (D.E. 93); (2) National's motion for partial summary judgment related to subrogation (D.E. 94); (3) National's motion for partial summary judgment (D.E. 96); and (4)...
NOT FOR PUBLICATION OPINION JOSEPH A. DICKSON , Magistrate Judge . This matter comes before this Court upon Plaintiff's Motion for Reconsideration of this Court's Letter Order dated November 23, 2016. (ECF No. 228). Pursuant to the Federal Rule of Civil Procedure 78, the Court did not hear oral argument on Plaintiff's motion. Upon careful consideration of the parties' submissions and for the reasons stated below, Plaintiff's Motion for Reconsideration is GRANTED in part and DENIED in...
NOT FOR PUBLICATION OPINION JOSEPH A. DICKSON , Magistrate Judge . This matter comes before the Court upon Plaintiff's Motion for Reconsideration of this Court's Order (ECF No. 230) granting Defendants Township of Union, Frank Bradley and Daniel Zieser's ("Defendants") motion for leave to file a late answer to Plaintiff Maryanne Cosimano's Second Amended Complaint. (ECF No. 219). Pursuant to the Federal Rule of Civil Procedure 78, the Court did not hear oral argument on Plaintiff's...
Not for Publication OPINION JOHN MICHAEL VAZQUEZ , District Judge . The present matter comes before the Court on Defendant Medco Health Services, Inc.'s ("Medco" or "Defendant") motion for summary judgment. Plaintiffs Kalpesh Makwana ("Makwana") and Hugh Mitchell ("Mitchell") (together, "Plaintiffs") oppose the motion. 1 D.E. 45. This case concerns allegations that Plaintiffs, two former employees of Defendant, were improperly terminated when Makwana shared his user ID and password...
Not for Publication OPINION JOHN MICHAEL VAZQUEZ , District Judge . This matter comes before the Court by way of four motions to dismiss filed by multiple Defendants in this matter. D.E. 32, 41, 51, 54. Plaintiff Jessica C. Graham did not oppose Defendants' motions. The Court reviewed Defendants' submissions in support and considered the motions without oral argument pursuant to Fed. R. Civ. P. 78 and L. Civ. R. 78.1(b). For the reasons stated below, the motions are GRANTED. I....
NOT FOR PUBLICATION OPINION ON PLAINTIFF'S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT JOSEPH A. DICKSON , Magistrate Judge . This matter comes before the Court upon Plaintiff's Motion for Leave to File an Amended Complaint. (ECF No. 20). Pursuant to Federal Rule of Civil Procedure 78, the Court resolves Plaintiff's application without oral argument. After having carefully considered the parties' submissions, and for the reasons stated below, Plaintiff's Motion is GRANTED IN PART AND...
OPINION KEVIN McNULTY , District Judge . Jose Rodriguez brings this action in connection with a mortgage on his property in Kearny, New Jersey. Now before the court are motions under Federal Rule of Civil Procedure 12(b)(1) to dismiss the complaint for lack of jurisdiction, and under Federal Rule of Civil Procedure 12(b)(6) to dismiss the complaint for failure to state a claim upon which relief may be granted. Those three motions are brought by defendants General Electric Company ("GE")...
NOT FOR PUBLICATION MEMORANDUM AND ORDER CLAIRE C. CECCHI , District Judge . Pro se Petitioner Hasan Murad Osires Ah Beyah, a prisoner confined at the Northern State Prison in Newark, New Jersey, seeks to bring a habeas petition pursuant to 28 U.S.C. 2254. The Court ordered Respondents to file an answer, (ECF No. 8), and Respondents complied, (see ECF Nos. 15 & 16). Petitioner did not file a formal reply, but has filed three letters with the Court, which the Court considers in its...
OPINION KEVIN McNULTY , District Judge . The plaintiff, Tosha Easterling, appearing pro se, filed this action against the U.S. Department of Education ("USDE") in connection with her default on four Stafford Loans she took out to pay for her education at Star Technical Institute. Ms. Easterling's complaint alleges that USDE acted wrongfully in connection with the Treasury Offset Program ("TOP"). Pursuant to that program, in 2014 USDE offset her 2013 federal and state tax refunds against...
NOT FOR PUBLICATION MEMORANDUM OPINION MICHAEL A. SHIPP , District Judge . This matter comes before the Court on Plaintiffs Larissa Shelton and Gregory Bohus's (collectively, "Plaintiffs") Motion for Attorneys' Fees and Costs in the amount of $733,609.82 1 pursuant to Federal Rule of Civil Procedure 54(d). (ECF Nos. 50, 67.) Plaintiffs' fee petition concerns counsel fees and expenses incurred by Plaintiffs' counsel for hours expended in their lawsuit against Defendant. Defendant...
ORDER KATHARINE S. HAYDEN , District Judge . This matter having come before the Court on the Report and Recommendation of the United States Magistrate Judge filed in this matter, which was submitted as a result of this Court having referred this cause to the Magistrate Judge for the purpose of conducting a plea proceeding under Fed. R. Crim. P. 11; and the defendant having consented to the Magistrate Judge conducting the guilty plea proceeding; and the Court having reviewed the Report and...
CONSENT ORDER MODIFYING CONDITIONS OF RELEASE NOEL L. HILLMAN , District Judge . THIS MATTER having come before the Court on consent of the parties and pretrial services, in the above-referenced action; it is hereby: ORDERED Pre-trial Services release Mr. Aildasani's passport so that Mr. Aildasani may take the passport to the Japanese Embassy. FURTHER ORDERED that Mr. Aildasani shall return his passport to Pretrial Services without delay once his passport is returned to him from the...
MEMORANDUM AND ORDER MICHAEL A. SHIPP , District Judge . This matter has come before the Court on a Petition for Writ of Habeas Corpus by Petitioner Mark Tolbert pursuant to 28 U.S.C. 2254. On July 14, 2016, the Court ordered Respondents to answer. (Order, July 14, 2016, ECF No. 2.) Presently before the Court is Respondents' motion to dismiss, ECF No. 7, arguing that the Petition is untimely under federal law. It appearing: 1. Federal law requires that "[a] 1-year period of limitation...
OPINION KEVIN McNULTY , District Judge . This matter comes before the Court on the motion of the plaintiff, JPMorgan Chase Bank, N.A. ("JPMorgan"), to remand this removed mortgage foreclosure case to State court. (ECF no. 4) For the reasons stated herein, the motion to remand is granted. A. Procedural History The state court pleadings were summarized in my Opinion in a related case, Farah v. LaSalle Bank Nat'l Ass'n, Civ. No. 15-2602 (ECF no. 31 in that case, at 7-8). I note, however,...
CONTINUANCE ORDER KAREN M. WILLIAMS , Magistrate Judge . This matter having come before the Court on the joint application of Paul J. Fishman, United States Attorney for the District of New Jersey (by Matthew J. Skahill, Assistant U.S. Attorney), and the defendant, Harold Miller, through his attorney, Christopher O'Malley, Esq., for an order granting a continuance of the proceedings in the above-captioned matter so that the defendant will have additional time to consult with counsel and...
