MEMORANDUM & ORDER NICHOLAS G. GARAUFIS , District Judge . Plaintiff Caroline Cort (either, "Cort" or "Plaintiff") brings this action against Defendant Marshalls Department Store, s/h/a Marshall's Department Store (either, "Marshalls" or "Defendant") 1 for assault, battery, negligent hiring and retention, negligent supervision and training, and intentional or negligent infliction of emotional distress. (Compl. (Dkt. 1).) Defendant now moves to dismiss Plaintiff's Complaint pursuant to...
ORDER NICHOLAS G. GARAUFIS , District Judge . At the request of the parties, the court resolves in this Order their disagreement concerning the scope of one of the terms of the Permanent Injunction previously entered in this action. 1 ( See Order Entering Permanent Inj. as to American Express Defs. (the "Permanent Injunction") (Dkt. 638); Pls.' Not. of Mot. to Enforce Permanent Inj. (Dkt. 689-1); Pls.' Mem. in Supp. of Mot. to Enforce Permanent Inj. ("Pls.' Mem.") (Dkt. 689-2); Defs.'...
Statement of Reasons Pursuant to 18 U.S.C. 3553(c)(2) JACK B. WEINSTEIN , Senior District Judge . I. Introduction Defendant Diego Maradona Hylton was born in Kingston, Jamaica, on June 27, 1989. Presentence Investigation Report, Nov. 13, 2015 ("PSR"); Addendum to Presentence Investigation Report, Dec. 7, 2015 ("Addendum PSR"). He was arrested on August 9, 2015 at John F. Kennedy ("JFK") airport, after he admitted to swallowing pellets filled with cocaine. Mr. Hylton has been in federal...
Statement of Reasons Pursuant to 18 U.S.C. $ 3553(c)(2) Jack B. Weinstein , Senior United States District Judge . Table of Contents I. Introduction...261 II. Instant Offense: Conspiracy to Import Heroin...261 A. Planning and Importation...261 B. Arrest...262 C. Guilty Plea...262 D. Sentencing...262 III. Offense Level, Category, and Sentencing Guidelines Range...262 IV. Law...262 V. 18 U.S.C. 3553(a) Considerations...263 A. Defendant's background...263 B. Application...263 VI....
MEMORANDUM AND ORDER LEONARD D. WEXLER , District Judge . Plaintiffs Dr. Victor Chehebar ("Victor") and Donna ("Donna") Chehebar (collectively, "Plaintiffs") bring this action seeking damages for breach of contract, breach of fiduciary duty and negligence in connection with investment management services provided by Defendants Oak Financial Group ("Oak Financial") and Neil D. Hackman ("Hackman") (collectively, "Defendants"). Defendants move for judgment on the pleadings pursuant to Rule 12(...
MEMORANDUM & ORDER ERIC N. VITALIANO , District Judge . On September 16, 2015, defendant Anthony Christian sought, by letter motion, the disclosure of certain intelligence records of the New York Police Department ("NYPD") and/or the Federal Bureau of Investigation ("FBI"). The demand was grounded in Brady, and spotlights records, the defense alleges, which suggest that Jerome Estella was killed at the instruction of the Wu Tang Clan, a noted rap music group, rather than, as established...
MEMORANDUM DECISION AND ORDER BRIAN M. COGAN , District Judge . Petitioner seeks habeas corpus relief under 28 U.S.C. 2254, vacating his conviction for second degree murder, attempted second degree murder, and criminal possession of a weapon, for which he received an aggregate sentence of fifty years to life as a second violent felony offender. This was his second conviction for these same crimes. His first conviction was vacated and a new trial ordered after a 440 court found, and...
MEMORANDUM & ORDER MARGO K. BRODIE , District Judge . Plaintiff Alexander Riley brings this action against Defendants the City of New York, Police Officer Joseph DeSantis, Detective Wilmar Mejia, Undercover Officer 27598 and Sergeant Robert Fernandez, alleging violations of the Fourth and Sixth Amendments of the United States Constitution pursuant to 42 U.S.C. 1983. On February 10, 2015, the Court adopted in part the report and recommendation of Magistrate Judge Robert M. Levy as to...
MEMORANDUM AND ORDER JOHNSON , Senior District Judge : On January 11, 2015, an individual ("Cooperator") was stopped at John F. Kennedy International Airport ("JFK") after arriving on a flight from Casablanca, Morocco. The Cooperator was found to have over six kilograms of heroin in his suitcase. Upon arrest, the Cooperator waived his Miranda rights and notified agents of the United States Department of Homeland Security, Homeland Security Investigations ("HSI") that he received the heroin...
MEMORANDUM & ORDER NICHOLAS G. GARAUFIS , United States District Judge . This Memorandum and Order addresses the Government's motion to empanel an anonymous jury for the upcoming trial in this case. Jury selection is scheduled to begin on February 8, 2016. The Government requests that "the names, precise addresses and workplaces of members of both the venire and petit juries not be revealed, that the jurors be kept together during recesses and taken to or provided lunch as a group each...
MEMORANDUM & ORDER JOANNA SEYBERT , District Judge . Currently pending before the Court is defendants Selip & Stylianou, LLP f/k/a Cohen & Slamowitz, LLP, Mitchell Selip, David A. Cohen, and Mitchell Slamowitz's (collectively, "Defendants") motion to dismiss or, alternatively, for an Order transferring this matter to the United States District Court for the Western District of New York (the "Western District"). (Docket Entry 4.) For the following reasons, Defendants' motion to transfer is...
MEMORANDUM & ORDER JOANNA SEYBERT , District Judge . Plaintiff Ida Mayer ("Plaintiff") commenced this action alleging violations of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001, et. seq. (Compl., Docket Entry 1. 1 ) Presently pending before the Court is defendants Joint Industry Board of the Electrical Industry and John E. Marchell's (collectively, "Defendants") motion to dismiss pursuant to Rule 12(b). 2 (Defs.' Mot., Docket Entry 5.) For the following...
MEMORANDUM AND ORDER JOAN M. AZRACK , District Judge . Ronald C. Thornton ("Petitioner" or "Thornton") petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. 2254, challenging his 2010 conviction in state court. On March 9, 2010, following a jury trial, Petitioner was convicted of murder in the first degree (New York Penal Law 125.27(1)(a)(vi)) and two counts of conspiracy in the second degree (New York Penal Law 105.15). Petitioner was sentenced on April 20, 2010 to...
MEMORANDUM & ORDER JOANNA SEYBERT , District Judge . Plaintiff Diana Alexander-Callender ("Plaintiff") brings this action against her former employer NBTY, Inc. ("NBTY") and various employees, including William Evans ("Evans"), Gerard Rosand ("Rosand"), Pam Antos ("Antos"), Jim Ferle ("Ferle"), Ivette Cortes ("Cortes"), 1 and Elmore Teagle ("Teagle" or "Defendant"), (collectively, "Defendants") asserting violations of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C....
MEMORANDUM AND ORDER PAMELA K. CHEN , District Judge . Douglas Payton ("Petitioner"), appearing pro se, seeks a writ of habeas corpus, pursuant to 28 U.S.C. 2254, attacking his 2005 judgment convicting him of multiple counts of criminal sexual acts and robbery. For the reasons set forth below, Petitioner's motion for writ of habeas corpus is denied in its entirety. BACKGROUND I. Charged Conduct and Indictment On December 3, 2005, Petitioner, acting in concert with Reginald Dugue...
MEMORANDUM OF DECISION AND ORDER ARTHUR D. SPATT , District Judge . On May 11, 2015, the Plaintiff United States of America (the "Government") commenced this civil forfeiture action, pursuant to 18 U.S.C. 2320 et seq. , against allegedly counterfeit items of merchandise (the "Merchandise") and related sums of money (the "Currency," together with the Merchandise, the "Defendants In Rem"). On July 29, 2015, the Defendants In Rem, through counsel for their corporate owners, filed an...
MEMORANDUM & ORDER MARGO K. BRODIE , District Judge . Plaintiff Mohammed Ferdous Hossain, also known as Ferdous Wahid and Mohammed G. Hossain, and Plaintiff Sheuly Akter commenced this action against Defendants Jeh Johnson, Secretary of the United States Department of Homeland Security, and the New York District Director of United States Immigrations and Customs Enforcement. (Compl. 3, 9-12. 1 ) Plaintiffs seek (1) a mandamus order pursuant to the Mandamus and Venue Act, 28 U.S.C....
MEMORANDUM AND ORDER JOHN GLEESON , District Judge . Plaintiff Zaheer Hussain brings this diversity action against defendants Automotive Rentals, Inc., Compass Group, USA, Inc., and Osmar Aguero-Alarcon, alleging that their negligence caused him to be seriously injured in an automobile accident in Brooklyn on October 1, 2013. Hussain now moves for summary judgment on the issue of liability, contending that defendants' negligence was the sole proximate cause of the vehicle collision....
MEMORANDUM AND ORDER ROANNE L. MANN , Magistrate Judge . Plaintiff Emmanuel Cayemittes ("plaintiff") filed this civil rights action on April 27, 2015, charging the City of New York and several police officers (collectively, "defendants") with false arrest and imprisonment, as well as related claims, in violation of 42 U.S.C. 1983. In an order dated July 21, 2015, this Court scheduled an initial conference, ordered the parties to exchange automatic disclosures, and authorized the parties...
MEMORANDUM AND ORDER JOHN GLEESON , District Judge . Plaintiff Leticia, Inc. ("Leticia") brings this action against Skanska USA Civil Northeast, Inc. ("Skanska"), Balu Kamat, Carmine Desio, Doe corporations, and Doe individuals for injuring Leticia's business and property as a result of racketeering activity. The complaint alleges violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. 1961 et seq., and brings New York common law claims for unfair...
