MEMORANDUM & ORDER NICHOLAS G. GARAUFIS , District Judge . Plaintiff Ceon Simon brings this action against Defendants the City of New York, Detective Eric Cruz, and Detective Tremayne Evans. (Am. Compl. (Dkt. 9).) Plaintiff asserts claims pursuant to 42 U.S.C. 1983 for malicious prosecution, denial of his right to a fair trial, and excessive detention. ( Id. ) Additionally, Plaintiff asserts a malicious prosecution claim under New York law. ( Id. ) Defendants move for summary judgment...
MEMORANDUM AND ORDER FREDERIC BLOCK , Senior District Judge . The Bankruptcy Code allows a debtor in bankruptcy to exempt certain property from the bankruptcy estate and, therefore, from distribution to creditors. See 11 U.S.C. 522(b). It further allows the debtor to avoid the attachment of certain liens to exempt property. See id. 522(f). Michael Carrera declared bankruptcy in 2016. At that time, VIT Enterprises, LCC, and Joseph D. Vitulli (collectively, "VIT") held a judgment...
MEMORANDUM AND ORDER FREDERIC BLOCK , Senior District Judge . Brian B. Corriette appealed the bankruptcy court's order granting Schon Enterprises, Inc., relief from the automatic stay. However, he subsequently moved to voluntarily dismiss his bankruptcy petition. The motion was granted and Corriette obviously did not appeal the dismissal order. The automatic stay lasts only while the bankruptcy case is pending. See 11 U.S.C. 362(c)(2); In re Walerstein, 2008 WL 795327, at *2 (E.D.N....
MEMORANDUM & ORDER JOANNA SEYBERT , District Judge . Pro se plaintiff Shahidah Hagans ("Plaintiff") brings this civil rights action alleging violations of 42 U.S.C. 1983 ("Section 1983"), 42 U.S.C. 1985 ("Section 1985"), the New York State Constitution and state law against the Nassau County Police Department ("NCPD"), the Nassau County District Attorney's Office ("NCDAO"), Officer Michael Vergano ("Vergano"), Officer Thomas Kananowicz ("Kananowicz"), Officer Michael O'Brien ("O'...
MEMORANDUM DECISION AND ORDER Brian M. Cogan , U.S.D.J. Plaintiffs bring this action under the Fair Labor Standards Act ("FLSA") and the New York Labor Law ("NYLL"), seeking to represent a collective and a class of similarly situated employees. Plaintiffs have moved for conditional certification of a collective under 216(b) of the FLSA. For the reasons that follow, the motion for preliminary certification of the collective action is granted in part. BACKGROUND Plaintiffs allege...
NOT FOR PUBLICATION MEMORANDUM & ORDER CAROL BAGLEY AMON , District Judge . Plaintiffs, represented by Troy Law, PLLC ("Troy Law") brought discrimination and labor law claims against defendants Long Island Business Institute, Inc. ("LIBI"); Monica Foote, the president of LIBI; and William Dantiva, the maintenance supervisor of LIBI's campus in Flushing, Queens (collectively, "Defendants"). On January 6, 2020, counsel for the parties confirmed they had reached a settlement in principle, (...
MEMORANDUM & ORDER NICHOLAS G. GARAUFIS , United States District Judge . Plaintiff Alex Cruz brings this action against Defendant Cox Media Group, LLC ("Cox") alleging infringement of Plaintiff's copyright in a photograph he took of the arrest of terror suspect Sayfullo Saipov. (Compl. (Dkt. 1).) Before the court are cross motions for partial summary judgment. Plaintiff seeks judgment on Cox's liability for infringement and dismissal of Cox's affirmative defenses. ( See Pl.'s Mem. in Supp....
MEMORANDUM & ORDER NICHOLAS G. GARAUFIS , District Judge . Plaintiff Robert Kronenberg brings this putative class action against Allstate Insurance Company and its subsidiary Allstate Fire and Casualty Insurance Company (collectively "Allstate" or "Defendants"). ( See Compl. (Dkt. 1).) Plaintiff alleges that Allstate violated New York law by systematically undervaluing vehicles that are totaled in accidents. Plaintiff claims that, as a result, Allstate underpaid Plaintiff when his vehicle...
MEMORANDUM & ORDER NICHOLAS G. GARAUFIS , District Judge . Plaintiff Nicolas Felix brings this action against Defendant Chase Bank 1 ("Chase") asserting causes of action under 42 U.S.C. 1981 and New York common law. ( See Third Amended Complaint ("TAC") (Dkt. 34).) Plaintiff's claims arise out of Chase's closure of Plaintiff's three personal bank accounts, as well as three bank accounts Plaintiff maintained on behalf of the Church where Plaintiff is the senior pastor. Before the court...
REPORT & RECOMMENDATION STEVEN M. GOLD , Magistrate Judge . Plaintiffs have filed a letter motion seeking approval of a settlement they have reached with defendants in this action brought pursuant to the Fair Labor Standards Act. Dkt. 70. By Order dated February 18, 2020, United States District Judge Amon referred plaintiffs' motion to me for Report and Recommendation. I have reviewed the letter motion, the parties' settlement agreement, Dkt. 70-1, and the time records and disbursements...
ADOPTION ORDER ARTHUR D. SPATT , District Judge . On July 30, 2018, the Plaintiff filed the instant action against the Defendants for breach of contract. On February 14, 2019, the Clerk of the Court issued a Certificate of Default against the Defendants, pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. On March 19, 2019, the Plaintiff moved for a default judgment against the Defendants. On March 22, 2019, the Court referred the matter to United States Magistrate Judge...
REPORT AND RECOMMENDATION VERA M. SCANLON , Magistrate Judge . The Honorable Carol B. Amon referred to the undersigned the question of whether Plaintiff Hector Chocolatl ("Plaintiff") effectively served the notice of motion for default judgment upon the individual Defendant Igor Saiag on August 19, 2019. Based on the certificate of service submitted by Plaintiff, this Court answers in the negative: service was ineffective under the Local Rules. Thus, the undersigned respectfully recommends...
AMENDED 1 MEMORANDUM AND ORDER JOANNA SEYBERT , District Judge . Petitioner Diquan Booker ("Petitioner") brings this pro se Petition pursuant to 28 U.S.C. 2254 for a writ of habeas corpus. (Pet., D.E. 1.) Respondent Superintendent, Shawangunk Correctional Facility ("Respondent") moves to dismiss the Petition on the ground that Petitioner has not exhausted available state remedies. (Resp't Mot., D.E. 7, at ECF pp. 3, 6, 10.) Petitioner has not opposed the motion. For the reasons...
MEMORANDUM & ORDER JOANNA SEYBERT , District Judge . Plaintiff Matthew Russell ("Plaintiff") commenced this proposed class action, individually and on behalf of all others similarly situated, against defendants Forster & Garbus, LLP ("F&G"), LVNV Funding LLC ("LVNV"), Sherman Financial Group, LLC ("Sherman"), Mark A. Garbus ("Garbus"), and Ronald Forster ("Forster") (collectively, "Defendants"), alleging violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692, et...
MEMORANDUM & ORDER SANDRA J. FEUERSTEIN , District Judge . I. Introduction Plaintiffs Delia Haxton ("Delia") and Thomas Haxton ("Thomas"; together with Delia, the "Plaintiffs" or "Haxtons") commenced this action against Defendant Costco Wholesale Corp. (hereafter, "Costco", the "Company" or "Defendant") 1 claiming that because of Costco's negligence in maintaining the entryway to its warehouse located at 3000 Middle County Road in Nesconset, New York (hereafter, "Warehouse"), Delia...
MEMORANDUM & ORDER DENIS R. HURLEY , Senior District Judge . Plaintiff Capricorn Management Systems Inc. ("Capricorn" or "Plaintiff") commenced this action against Defendant Government Employees Insurance Co. ("GEICO") asserting claims for breach of a licensing agreement, breach of a non-disclosure agreement, and misappropriation of trade secrets under Maryland law. Thereafter, Plaintiff filed an amended complaint which added as a defendant Auto Injury Solutions Inc. ("AIS") (together with...
ORDER GRANTING A DEFAULT JUDGMENT AGAINST PLAINTIFFS IN ACTION 1 AND DEFENDANT IN ACTION 2 GARY R. BROWN , District Judge . In this consolidated action (Order Granting Consolidation of Action 1 and Action 2 entered October 21, 2015) the Defendants Robert Capocci, Michael Geraghty, NTA Holding Corp. and Northern Specialties Group Inc., d/b/a/ Interior Specialties Group, in Action 1 and Plaintiffs Robert Capocci, Michael Geraghty and Northern Specialties Group Inc., d/b/a Interior...
MEMORANDUM AND ORDER HURLEY , Senior District Judge : Plaintiff Raymond A. Semente, D.C., P.C. ("Plaintiff" or "Semente") commenced this action against defendants Empire Healthchoice Assurance, Inc. d/b/a Empire Blue Cross Blue Shield, ("Empire"), Verizon Communications, Inc., Verizon Advanced Data, Inc., Verizon Avenue Corp., Verizon Corporate Services Corp., Verizon New York Inc., Verizon New England Inc., Verizon Services Corp., Empire City Subway Company (Limited), (collectively, the "...
MEMORANDUM AND ORDER JOAN M. AZRACK , District Judge . Pro se plaintiff Mevyo Jean ("Plaintiff") has brought this action against Defendants County of Nassau ("Nassau County"); "Chief Frank Doe", Karen G. Dowling, Nicholas C. Pandolfo, Thomas C. Bischoff, Kirk T. Brewer, Louis A. Lanzillotta, Alfredo Rodriquez, "Richard Roe #1-12" (the "Police Officers"); Honorable Kathleen M. Rice ("Rice"), (together with Nassau County and the Police Officers, the "County Defendants"); and Robert...
MEMORANDUM & ORDER JOANNA SEYBERT , District Judge . This matter comes before the Court on remand from the Second Circuit Court of Appeals following its decision in Sleepy's LLC v. Select Comfort Wholesale Corp. ("Sleepy's 2018"), 909 F.3d 519 , 521 (2d Cir. 2018) that affirmed in part, vacated in part, and remanded portions of this Court's decisions arising out of Sleepy's LLC v. Select Comfort Wholesale Corp. ("Sleepy's 2015"), 133 F.Supp.3d 483 (E.D.N.Y. 2015), Sleepy's LLC v....
