STIPULATION OF DISMISSAL THOMAS J. McAVOY, District Judge. STEPHEN MONTES, Plaintiff herein, files this stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1)(ii), and in support thereof states the following: 1. Plaintiff is Stephen Montes; Defendants are Dometic Corporation and CWI, INC d/b/a Camping World. 2. On September 20, 2013, plaintiff sued defendants. 3. Plaintiff moves to dismiss the suit and all parties agree to the dismissal. 4. This case is not a class...
MEMORANDUM AND ORDER WEXLER, District Judge. Plaintiff Dominique Posy ("Posy") brings this action against defendants HSBC Bank USA, as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2006-2 ("HSBC"), the State of New York, and New York State Attorney General Eric Schneiderman ("AG Schneiderman"). HSBC moves to dismiss the amended complaint under Federal Rules of Civil Procedure ("FRCP") 12(b)(1) and 12(b)(6) for lack of subject-matter jurisdiction and...
MEMORANDUM & ORDER ON DEFENDANT'S MOTION IN LIMINE PAMELA K. CHEN , District Judge : This Court presumes the parties' familiarity with the facts in this case, particularly as they pertain to the claims against Defendant the Incorporated Village of Farmingdale (the "Village"). 1 In essence, Plaintiffs claim that, in violation of the Fair Housing Act, 42 U.S.C. 3601 et seq., the Village carried out a redevelopment plan for an area populated predominantly by Latinos, intending to...
MEMORANDUM & ORDER KORMAN, Senior District Judge: Since the founding of the republic, the federal government has held broad authority to conduct searches at the border to prevent the entry of dangerous people and goods. In the 21st century, the most dangerous contraband is often contained in laptop computers or other electronic devices, not on paper. This includes terrorist materials and despicable images of child pornography. Michael Chertoff, Searches Are Legal, Essential, USA Today,...
MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. The Plaintiff Karen Anne Miller ("Miller" or the "Plaintiff") seeks review of the final decision of the Commissioner of Social Security (the "Commissioner") that she was not disabled during the relevant time periods and, therefore, she was not entitled to disability benefits on her own earnings record or disabled widows' benefits as provided for in Title II of the Social Security Act, 42 U.S.C. 401-434. Both parties have moved for...
ORDER ADOPTING REPORT AND RECOMMENDATION STERLING JOHNSON, Senior District Judge. Presently before the Court is a Report and Recommendation ("Report") prepared by Magistrate Judge Robert M. Levy. Judge Levy issued the Report on October 4, 2013, and provided the parties with the requisite amount of time to file any objections. None of the parties filed any objections to the Report. For the reasons stated herein, this Court affirms and adopts the Report in its entirety. A district court judge...
MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge. Pro se plaintiff Michael V. Levy ("plaintiff" or "Levy") brings this action against the Town of North Hempstead (the "Town") and the Town Attorney (collectively, the "Town Defendants"), as well as against Assistant District Attorney Laura Sarowitz ("Sarowitz"), alleging violations of his constitutional rights pursuant to 42 U.S.C. 1983. Plaintiff alleges that Police Officer J. Mauro ("Mauro") unlawfully searched and seized him when he...
MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge. Plaintiff Michael A. Branca ("plaintiff" or "Branca") brings this action pursuant to 42 U.S.C. 405(g) of the Social Security Act ("SSA"), challenging the final decision of the Commissioner of Social Security ("defendant" or "Commissioner") denying plaintiff's application for disability insurance benefits. The Administrative Law Judge ("ALJ") found that plaintiff could perform his past relevant work as an insurance underwriter, and, thus,...
OPINION & ORDER JOHN F. KEENAN, District Judge. Before the Court is Defendant Joseph Romano's motion to suppress his post-arrest statements. For the reasons that follow, the motion is denied. I. Background Defendant has been charged with conspiracy to murder a United States District Judge (the "Judge") and an Assistant United States Attorney (the "AUSA") in violation of Title 18, United States Code, Sections 1114 and 1117. The Government alleges that Defendant planned to hire one or more...
MEMORANDUM & ORDER STERLING JOHNSON, Jr., District Judge. On March 9, 2012, a grand jury in the Eastern District of New York handed down a superseding indictment charging defendants Laron Spicer ("Spicer"), James Dowtin ("Dowtin"), Robert Montemoino ("Montemoino") and Jamar Williams ("Williams", collectively the "Defendants") 1 with gang-related crimes stemming from their alleged membership in the Nine-Trey Gangsters ("NTG"), a subset of the Bloods street gang, which operated between...
MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge. Plaintiff Joanne Graham ("plaintiff' or "Graham") brings this action against defendant Three Village Central School District ("defendant" or the District") alleging employment discrimination in violation of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq. ("ADA"). Specifically, plaintiff alleges that: (1) defendant discriminated against plaintiff on account of her disability, by failing to accommodate plaintiff's requests...
MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge: Plaintiff Soundview Associates ("plaintiff" or "Soundview") brought this action against the Town of Riverhead (the "Town"), Richard Ehlers ("Ehlers"), and Dawn C. Thomas ("Thomas") (collectively, "defendants"), alleging violations of Soundview's First Amendment right to petition the government for redress of its grievances, its Fourteenth Amendment right to procedural due process, and its Fourteenth Amendment right to substantive due...
MEMORANDUM AND ORDER WILLIAM D. WALL, Magistrate Judge. This action was brought under the Federal Tort Claims Act, 28, U.S.C. 1346(b), to recover damages for personal injuries suffered by plaintiff John Saporito ("Saporito") when he fell from his motorcycle while trying to avoid a collision with a car driven by defendant Kenneth E. Smith on October 6, 2005. At the time of the accident, Smith was acting within the scope of his employment with the defendant United States Department of the Navy....
ORDER ADOPTING REPORT AND RECOMMENDATION STERLING JOHNSON, Jr., Senior District Judge. On September 24, 2012, Defendants Mauzone Home Kosher Products of Queens, Inc. ("Home Kosher"), Mauzone of Woodside, LLC ("Woodside"), Mauzone Food Services, Inc. d/b/a Mazone Kosher Products ("Mauzone Kosher Products"), David Itzkowitz ("Itzkowitz") and Morton Strauss ("Strauss") (collectively, the "Defendants") moved to dismiss the Amended Complaint pursuant to Rule 12(b)(5) and 12(b)(6) of the Federal...
AMENDED MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge. On September 18, 2012, the government filed a Juvenile Information against defendant Juvenile Male 1 ("Juvenile Male" or "the defendant"), an alleged member of the MS-13 street gang, charging him with one count of conspiracy to commit Hobbs Act Robbery, 18 U.S.C. 1951(a); six counts of Hobbs Act Robbery, 18 U.S.C. 1951(a); and five counts of brandishing firearms during the commission of a crime of violence and one count of...
MEMORANDUM AND ORDER WEXLER, District Judge. Plaintiffs Board of Directors of Rough Riders Landing Homeowners Association, Inc., Board of Managers of Rough Riders Landing Condominium I, and Board of Managers of Rough Riders Landing Condominium II brought this action in state court against defendants Signature Group, LLC ("Signature") and Selective Insurance Company of America ("Selective") to recover for the overpayment of premiums on a Standard Flood Insurance Policy ("SFIP") provided...
ORDER FREDERIC BLOCK, Senior District Judge. Defendant's motion for summary judgment is denied as premature. See FED. R. CIV. P. Rule 56(d). In particular, the licensing agreement may offer additional evidence to refute the claim by defendant Emerson Electric Co. that it was the mere trademark licensor and had no involvement in the design, manufacture, sale or distribution of the subject saw. See Automobile Inc. Co. of Hartford Connecticut v. Murray, Inc., 571 F.Supp.2d 408 , 429 (W.D.N....
MEMORANDUM AND ORDER JACK B. WEINSTEIN, Senior District Judge: I. Introduction...............................................................309 II. Facts......................................................................309 III. Standard of Review.........................................................310 IV. Fourth Amendment Claims Under 1983 ......................................310 A. Probable Cause..........................................................311 1. Law.....................
MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge: Plaintiff Jonel Barbu ("plaintiff") brings this action under the Employee Retirement Income Security Act of 1974 ("ERISA"), challenging the denial of his claim for long-term disability benefits. Plaintiff's claim was denied by defendant Life Insurance Company of North America ("defendant" or "LINA"). Plaintiff brings the present motion, pursuant to Rule 57 of the Federal Rules of Civil Procedure, and the Declaratory Judgment Act, 28 U....
MEMORANDUM AND ORDER GLASSER, Senior District Judge. Plaintiff has objected, pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b), to the Report and Recommendation of Magistrate Judge Ramon E. Reyes, Jr. (Dkt. No. 26) (the "R & R"), dated October 25, 2013, recommending that the Court deny plaintiff's motion for leave to amend his complaint. For the reasons stated below, the Court adopts the R & R in its entirety. BACKGROUND Patrick Allen filed a complaint against his...
