REPORT & RECOMMENDATION STEVEN M. GOLD , Magistrate Judge . INTRODUCTION Petitioners, Trustees of the Northeast Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Management Cooperation Funds ("petitioners" and/or the "Funds"), bring this action under the Employment Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1132(a)(3), and the Labor Management Relations Act ("LMRA"), 29 U.S.C. 185, to confirm and enforce an arbitration award against Excel Installations,...
SUPPLEMENTAL REPORT & RECOMMENDATION STEVEN M. GOLD , Magistrate Judge . On December 6, 2019, I issued Report recommending that the parties' joint motion for approval of their settlement pursuant to the Fair Labor Standards Act ("FLSA") be denied. Report and Recommendation, Dkt. 20. Apparently in response, the parties have negotiated revised settlement terms and submitted their revised agreement to the Court for review. Letter dated Dec. 24, 2019, Dkt. 22. The revised settlement agreement...
REPORT AND RECOMMENDATION ROBERT M. LEVY , Magistrate Judge . By order dated July 3, 2019, the Honorable Carol Bagley Amon, United States District Judge, referred plaintiffs' motion for a default judgment against defendant N. Cancro, Inc. d/b/a Cancro Funeral Home Inc. ("defendant" or "Cancro") to me for report and recommendation. For the reasons stated below, I respectfully recommend that plaintiffs' motion be granted and that plaintiffs be awarded $263,622.04. BACKGROUND AND FACTS...
REPORT AND RECOMMENDATION CHERYL L. POLLAK , Magistrate Judge . On November 19, 2019, by stipulation among the parties, Brooklyn Pizzeria, Inc. was dismissed from this action voluntarily and without prejudice. 1 Thereafter, on November 20, 2019, the Honorable LaShann DeArcy Hall referred the parties' proposed stipulation dismissing Brooklyn Pizzeria, Inc. to the undersigned to determine whether the stipulation of dismissal was entered into pursuant to a settlement agreement and, if so,...
MEMORANDUM AND ORDER ERIC N. VITALIANO , District Judge . Plaintiffs Allstate Insurance Company, Allstate Indemnity Company, Allstate Property & Casualty Insurance Company, and Allstate Fire & Casualty Insurance Company (collectively, "Allstate") filed this action on November 18, 2014 against 58 individual and entity medical providers, alleging that they had been engaged in a scheme to defraud Allstate by submitting false or fraudulent insurance claims in violation of the Racketeer...
MEMORANDUM AND ORDER ROSLYNN R. MAUSKOPF , District Judge . Plaintiff Yessenia Perez brings this action against the Commissioner of the Social Security Administration ("the Commissioner"), pursuant to 42 U.S.C. 405(g), seeking review of defendant's determination that plaintiff is not entitled to disability insurance benefits under Title II of the Social Security Act ("SSA") or Supplemental Security Income under Title XVI of the SSA. Plaintiff and defendant have cross-moved for judgment...
MEMORANDUM AND ORDER ERIC N. VITALIANO , District Judge . Jo Ann Prescott commenced this action on behalf of herself and Prescott Coverage, LLC d/b/a Prescott Insurance & Financial Services (collectively "Prescott"), against Nationwide Mutual Insurance Company ("Nationwide") alleging fraud in the assignment of servicing rights to plaintiffs in 2008 in that it concealed the existence of a federal lawsuit filed by Carlos Balcarcel ("Balcarcel"), who was the previous assignee of the servicing...
MEMORANDUM OF DECISION & ORDER ARTHUR D. SPATT , District Judge . Defendants Brian R. Callahan ("Callahan") and Adam J. Manson ("Manson") (collectively, the "Defendants") pleaded guilty, pursuant to plea agreements, to crimes relating to the operation of a large-scale Ponzi scheme. The Court sentenced Callahan to 144 months incarceration, which he began serving in January 2018. Manson's sentencing hearing is upcoming. Presently before the Court are several motions by the Defendants...
ORDER ADOPTING REPORT AND RECOMMENDATION ROSLYNN R. MAUSKOPF , District Judge . Plaintiff April Summers filed these three civil rights actions while she was incarcerated at Suffolk County Correctional Facility. Although Magistrate Judge Lois Bloom ordered Summers to appear at an initial conference for all three matters on September 18, 2019, Summers failed to appear for that conference. Judge Bloom issued an order warning Summers that if she failed to appear for the next status conference...
ORDER JACK B. WEINSTEIN , Senior District Judge . Plaintiffs chartered a pleasure boat in 2017. During the trip, Plaintiff Bernice Berman fell on the vessel and injured her ankle. She and her husband sued the owner of the boat and the boat, in rem, for negligence and loss of services and society. After fact and expert discovery, Defendants moved for summary judgment. See Notice Mot., ECF No. 30. Plaintiffs claim that the vessel had design defects which caused the fall and injuries....
REPORT AND RECOMMENDATION ARLENE R. LINDSAY , Magistrate Judge . This matter has been referred to the undersigned by District Judge Hurley for the purpose of issuing a report and recommendation with regard to the motion of the plaintiff, Windward Bora LLC ("Winward"), for a default judgment of foreclosure and sale. For the reasons set forth below, the undersigned respectfully recommends that Windward be awarded a Judgment of Foreclosure and Sale against the defendant, Ronnie Mori ("Mori"),...
MEMORANDUM & ORDER RAYMOND J. DEARIE , District Judge . Dan Andrew Cotten ("Cotten") and Andrew Horlick ("Horlick") (collectively, "Plaintiffs") bring claims against their former employer, Altice USA, Inc. ("Altice" or "Defendant"), related to Altice's alleged failure to pay severance benefits. Plaintiffs sue for breach of contract (Count I) and promissory estoppel (Count II). Cotten Second Amended Complaint, ECF No. 15, 27-36 ("Cotten Compl."); Horlick Second Amended Complaint, ECF No....
REPORT AND RECOMMENDATION ANNE Y. SHIELDS , Magistrate Judge . This is an action in which Plaintiff Alissa Calandrino ("Calandrino" or "Plaintiff"), on behalf of her minor child, J.C., seeks compensatory damages from defendants Farmingdale Union Free School District ("the District"), Board of Education of the Farmingdale Union Free School District ("the Board"), Michael Goldberg ("Goldberg"), Ralph Morales ("Morales"), Suzanne D'Amico ("D'Amico"), Mario Espinosa ("Espinosa"), Anthony...
REPORT AND RECOMMENDATION ANNE Y. SHIELDS , Magistrate Judge . Plaintiff William Bahnsen ("Plaintiff" or "Bahnsen") commenced this action alleging claims of employment discrimination and failure to pay overtime wages against Defendant Town of Brookhaven ("Defendant" or the "Town"). Docket Entry herein ("DE") 1. His employment discrimination claims were based upon the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 (the "ADEA") and 42 U.S.C. 1983 ("Section 1983"). Plaintiff'...
MEMORANDUM AND ORDER A. KATHLEEN TOMLINSON , Magistrate Judge . I. PRELIMINARY STATEMENT Plaintiff commenced this civil rights action, pursuant to 42 U.S.C. 1983, against the County of Nassau, Police Officer Kieran Healy ("Officer Healy" or "Healy") and John Does 1-10, alleging, inter alia, false arrest and malicious prosecution. See Compl. [DE 1]. On February 13, 2018, Plaintiff filed an Amended Complaint — the operative pleading here — asserting the same causes of action...
MEMORANDUM DECISION AND ORDER BRIAN M. COGAN , District Judge . This is a reverse gray-market goods trademark action under the Lanham Act and corresponding New York state law, in which plaintiff seeks a declaratory judgment that when it buys defendant's goods from authorized dealers and resells them over Amazon.com, it is not infringing defendant's trademarks. Defendant's motion to transfer the case to the District of Utah is granted for the reasons set forth below. In the premotion...
MEMORANDUM & ORDER PAMELA K. CHEN , District Judge . Plaintiff Steven Nieves brings this action under 42 U.S.C. 405(g), seeking judicial review of the Social Security Administration's ("SSA") denial of his claim for Disability Insurance Benefits ("DIB"). The parties have cross-moved for judgment on the pleadings. (Dkts. 12, 17.) Plaintiff seeks reversal of the Commissioner's decision and an immediate award of benefits, or alternatively, remand for further administrative proceedings. (...
MEMORANDUM AND ORDER ANNE Y. SHIELDS , Magistrate Judge . On October 9, 2017, Plaintiff Michelle Peragine ("Plaintiff") commenced this action, on behalf of herself and others similarly situated, pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 15 U.S.C. 1692, et seq., (the "FDCPA"). The original complaint named a single defendant — William C. Grossman Law, PLLC. Docket Entry herein ("DE") [1]. On March 30, 2018, Plaintiff filed her First Amended Complaint. Like the...
MEMORANDUM DECISION AND ORDER BRIAN M. COGAN , District Judge . Plaintiff challenges the decision of an Administrative Law Judge ("ALJ") that she was not disabled as defined by the Social Security Act ("Act"), 42 U.S.C. 401, for the period from June 19, 2015 through March 27, 2017. In a partially favorable decision, the ALJ held that plaintiff only became disabled under the Act on March 28, 2017, her 55th birthday. The parties do not dispute that plaintiff suffered from fibromyalgia...
NOT FOR PRINT OR ELECTRONIC PUBLICATION OPINION & ORDER ALLYNE R. ROSS , District Judge . Plaintiff Lionel Pierre brings this civil rights action under 42 U.S.C. 1983 and New York state common law against the City of New York, Police Officer Michael Carleo, Detective Martin Maloney, and John Does #1-5. He asserts claims of false arrest, unlawful search, malicious prosecution, malicious abuse of process, excessive force, municipal liability, conspiracy, and failure to intervene. All of...
