NOT FOR PUBLICATION REPORT AND RECOMMENDATION JOSEPH A. DICKSON , Magistrate Judge . This matter comes before the Court upon Plaintiff's motions to remand these matters 1 to the Superior Court of New Jersey, Passaic County, pursuant to 28 U.S.C. 1447(c). (ECF No. 5 in the 7619 Matter; ECF No. 4 in the 8186 Matter). The Hon. Esther Salas, U.S.D.J. referred Plaintiff's motions to this Court for a Report and Recommendation. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the...
REPORT AND RECOMMENDATION LEDA DUNN WETTRE , Magistrate Judge . This matter comes before the Court on a motion by defendant to dismiss for lack of personal jurisdiction and for improper venue. ECF No. 9. Plaintiff opposes the motion. ECF No. 12. United States District Judge Susan D. Wigenton referred this motion to the undersigned for a Report and Recommendation. Having considered the parties' submissions, oral argument before the Court, and for good cause shown, the Court recommends that...
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 28th day of December , 2017 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 28th day of December , 2017 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.
NOT FOR PUBLICATION MEMORANDUM OPINION MICHAEL A. SHIPP , District Judge . This matter comes before the Court on two motions. Plaintiff Tracy R. Venus, individually and as parent on behalf of disabled child, K.V. (collectively "Plaintiffs"), move for default judgment against Golna, Inc. ("Golna") and Polize, Inc. ("Polize") (collectively "Defendants"). (ECF No. 15.) In addition, Golna moves to vacate and set aside the Clerk's entry of default. (ECF No. 17.) Plaintiffs filed a response to...
NOT FOR PUBLICATION MEMORANDUM OPINION MICHAEL A. SHIPP , District Judge . This matter comes before the Court on Defendant Jesse J. Holovacko's ("Defendant") application for an order granting Defendant bail pending appeal. (ECF No. 73.) The United States of America (the "Government") filed opposition. (ECF No. 75.) The Court has carefully considered the parties' submissions and decides the matter without oral argument pursuant to Local Civil Rule 78.1. 1 For the reasons stated below,...
NOT FOR PUBLICATION OPINION CLAIRE C. CECCHI , District Judge . I. INTRODUCTION This matter comes before the Court on the identical motions, (ECF Nos. 21-22) (collectively, "Mot. to Dismiss"), of Robert Jacobs ("Jacobs") and Robo Associates LLC ("Robo") (collectively, "Defendants"), to dismiss Counts Two and Five 1 of the Complaint, (ECF No. 1) ("Compl."), filed by Equiom (Isle of Man) Limited ("Plaintiff"). 2 The Court has considered the submissions made in support of and in...
Not for Publication OPINION AND ORDER JOHN MICHAEL VAZQUEZ , District Judge . On December 19, 2017, Plaintiff Health Professionals & Allied Employees AFT/AFL-CIO ("Plaintiff") filed a Complaint against Defendant MHA, LLC, doing business as Meadowlands Hospital Medical Center ("Defendant") (D.E. 1). On December 20, 2017, Plaintiff filed this emergency motion for order to show cause with temporary restraints, to be converted to a preliminary injunction (D.E. 2). Plaintiff included a...
MEMORANDUM OPINION AND ORDER JOEL SCHNEIDER , Magistrate Judge . This matter is before the Court on defendants' "Motion for Settlement Enforcement" [Doc. No. 275] and "Cross Motion for Settlement" [Doc. No. 276]. 1 Both motions ask for the same relief, i.e. , an Order enforcing an oral settlement agreement with plaintiff Thomas Vandergrift that was memorialized "on the record" on October 19, 2017. 2 The Court received plaintiff's response [Doc. No. 286], held a conference and heard...
NOT FOR PUBLICATION MEMORANDUM OPINION MICHAEL A. SHIPP , District Judge . This matter comes before the Court on two motions filed by Plaintiff Cody Smith ("Plaintiff"): (i) a motion to remand this case to the Superior Court of New Jersey, Law Division, Civil Part in Somerset County for lack of subject matter jurisdiction (ECF No. 9); and (ii) a motion to strike certain of Defendants Township of Bernards, Bernards Township Planning Board, and Bernards Township Committee's ("Defendants")...
NOT FOR PUBLICATION LETTER OPINION MICHAEL A. SHIPP , District Judge . Dear Counsel: This matter comes before the Court on Plaintiff Lisa Olivero's ("Plaintiff") appeal from the final decision of the Acting Commissioner of the Social Security Administration ("Defendant" or "the Commissioner"), denying her request for benefits. (ECF No. 1.) The Court has jurisdiction to review this matter pursuant to 42 U.S.C. 405(g) and reaches its decision without oral argument pursuant to Local...
NOT FOR PUBLICATION OPINION CLAIRE C. CECCHI , District Judge . I. INTRODUCTION This matter comes before the Court on the motion of Winsome Paging, Inc. ("Defendant") to dismiss Counts I, II, and III of the Complaint, (ECF No. 1) ("Compl."), of VZW Wireless Corp. and Eun Im Lim (collectively, "Plaintiffs"), as well as Defendant's motion to impose sanctions on Plaintiffs. (ECF No. 5) ("Mot. to Dismiss"). The Court has considered the submissions made in support of and in opposition to...
ORDER KEVIN McNULTY , District Judge . The defendants having filed a motion (ECF no. 37) to dismiss Counts 1-4 and 11-16 of the Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6); and the plaintiff having filed a response (ECF no. 40); and the defendants having filed a reply (ECF no. 45); and the court having considered the matter without oral argument; for the reasons stated in the accompanying Opinion, and good cause appearing therefor; IT IS this 29 th day of December, 2017...
OPINION KEVIN McNULTY , District Judge . Before me are cross-motions for summary judgment by plaintiff First American Title Insurance Company ("First American") and defendant David Sadek, who has filed in bankruptcy. This action arises from a nearly seven year dispute over the sale of a house in Teaneck, New Jersey in 2006 and the use of the proceeds thereafter. First American, standing as assignee of all the rights, interests, and claims held by PNC Bank National Association ("PNC"), sues...
MEMORANDUM AND ORDER PETER G. SHERIDAN , District Judge . This matter is before the Court on Plaintiff Capital One, N.A.'s motion for attorney's fees, expenses and costs (ECF No. 26). In this matter, the Warren Group Amended and Restated Multiple Employer Welfare Benefit Plan and Trust (the "Plan"), was a qualified, multi-employer plan maintained pursuant to and governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, et seq. ("ERISA"). The Plan terminated...
MEMORANDUM ORDER MICHAEL A. SHIPP , District Judge . Pending before the Court are two motions: (i) Plaintiff New Jersey Primary Care Association, Inc.'s ("Plaintiff") motion to (a) require Defendants State of New Jersey Department of Human Services, Jennifer Velez, in her official capacity as Commissioner of the New Jersey Department of Human Services, New Jersey Department of Human Services Division of Medical Assistance and Health Services ("DMAHS"), and Valerie Harr, in her official...
MEMORANDUM OPINION MADELINE COX ARLEO , District Judge . Petitioner Alejandro Misael Melendez Saravia, a detainee at Essex County Correctional Facility, has paid the filing fee and submitted his second Petition for Writ of Habeas Corpus challenging his prolonged detention pursuant to 28 U.S.C. 2241 (ECF No. 1). For the reasons explained below, the Court will dismiss the Petition. Pursuant to Rule 4 of the Rules Governing Section 2254 Cases, applicable to Section 2241 petitions through...
OPINION KEVIN McNULTY , District Judge . Mr. Manuel Lampon-Paz brings this, his second action requesting that the court order "an immediate decision on my appeal" by the Social Security Administration regarding his disability claims. (Compl. 2). 1 The Commissioner of Social Security seeks to dismiss the claim, stating that this Court does not have jurisdiction because Mr. Lampon-Paz has not exhausted his administrative remedies and there has been no "final decision . . . after a hearing"...
REPORT & RECOMMENDATION LOIS H. GOODMAN , Magistrate Judge . This matter comes before the Court by way of a Motion to Dismiss the Complaint (hereinafter, the "Motion") filed by Defendants Deon Bullard, Wanda Edwards, and Marina Moshkovich (hereinafter, "Moving Defendants"). [Docket Entry No. 61]. For the reasons that follow, it is respectfully recommended that the Motion be GRANTED and that this case be DISMISSED WITH PREJUDICE. Background On October 21, 2014, Plaintiff, an...
MEMORANDUM OPINION MADELINE COX ARLEO , District Judge . I. INTRODUCTION This matter has been opened to the Court by Plaintiff Joseph Aruanno's filing of a Second Amended Complaint ("SAC") in the above-titled action. (ECF No. 7.) He currently resides at the Special Treatment Unit ("STU") in Avenel, New Jersey. He has sued the Attorney General of the State of New Jersey and Dr. Merrill Main, alleging violations of his constitutional rights under 42 U.S.C. 1983 related to alleged...
