REPORT and RECOMMENDATION WILLIAM B. MITCHELL CARTER , Magistrate Judge . This matter was referred for report and recommendation by the Honorable Judge Suddaby, Chief United States District Judge, pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(d). (Dkt. No. 12.) This case has proceeded in accordance with General Order 18. Currently before the Court, in this Social Security action filed by Richard Monroe ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "the...
REPORT-RECOMMENDATION AND ORDER 1 CHRISTIAN F. HUMMEL , Magistrate Judge . Presently pending before the Court is defendants' motion to dismiss for failure to prosecute pursuant to Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 41 due to plaintiff's pro se Kevin Otto's repeated failure to attend court conferences, obey court orders, and appear for a scheduled deposition. Dkt No. 34. Plaintiff has not filed a response to that motion. For the reasons set forth below, is recommended...
REPORT and RECOMMENDATION WILLIAM B. MITCHELL CARTER , Magistrate Judge . This matter was referred for report and recommendation by the Honorable Judge Suddaby, Chief United States District Judge, pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(d). (Dkt. No. 16.) This case has proceeded in accordance with General Order 18. Currently before the Court, in this Social Security action filed by Christopher Mastrobattista ("Plaintiff") against the Commissioner of Social Security ("Defendant"...
REPORT AND RECOMMENDATION DAVID E. PEEBLES , Chief Magistrate Judge . This action was commenced by six current or former employees of the defendants, who operate approximately fifty-three Applebee's Neighborhood Grill and Bar Restaurants ("Applebee's") throughout New York State, alleging that various systemic policies and practices in place at defendants' restaurants violate provisions of the New York State Labor Law and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201, et seq. The...
REPORT and RECOMMENDATION WILLIAM B. MITCHELL CARTER , Magistrate Judge . This matter was referred for report and recommendation by the Honorable Judge Suddaby, Chief United States District Judge, pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(d). (Dkt. No. 21.) This case has proceeded in accordance with General Order 18. Currently before the Court, in this Social Security action filed by William Plumley ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "the...
DECISION and ORDER MAE A. D'AGOSTINO , District Judge . I. INTRODUCTION Pro se plaintiff Herman Carlee McMillian commenced this civil rights action in the United States District Court for the Eastern District of New York ("Eastern District") asserting claims arising out of his confinement in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS"). See Compl., generally. In March 2016, the Court transferred this matter to the Northern District of...
MEMORANDUM-DECISION AND ORDER BRENDA K. SANNES , District Judge . I. INTRODUCTION Plaintiff Kevin T. Kavanaugh brings this action against Defendants under 42 U.S.C. 1983 and New York State law alleging various claims arising out of his arrest on July 21, 2013. (Dkt. No. 103). Defendant New York State Trooper Eric Johnson ("Trooper Johnson") moves under Fed. R. Civ. P. 12(b)(6) to dismiss portions of the Second Amended Complaint. (Dkt. No. 109). Defendants City of Albany and City of...
DECISION & ORDER THOMAS J. McAVOY , Senior United States District Judge . I. INTRODUCTION Plaintiff Lauren Minholz commenced this action to recover for personal injuries she received on February 11, 2014 in Antarctica while deployed with the New York State Air National Guard 109th Airlift Wing. Compl. 5-9. Defendants Weather-Port Shelter Systems LLC ("WeatherPort"), Lockheed Martin Corporation ("Lockheed Martin"), and Alaska Structures, Inc. ("Alaska Structures") move to dismiss the...
MEMORANDUM-DECISION AND ORDER MAE A. D'AGOSTINO , District Judge . I. INTRODUCTION Plaintiff Edward G. McDonough ("Plaintiff") commenced this action by filing a 174 page, 1220 paragraph complaint on December 18, 2015, asserting three causes of action pursuant to 42 U.S.C. 1983 ("Section 1983") against eleven named Defendants. See Dkt. No. 1. In a Memorandum-Decision and Order dated September 30, 2016 (the "Prior Decision"), this Court dismissed Plaintiff's claims against Defendants O'...
STIPULATED DISMISSAL DAVID N. HURD , District Judge . Plaintiff/Counterclaim Defendant Chobani, LLC ("Chobani") and Defendant/ Counterclaim Plaintiff The Dannon Company, Inc. ("Dannon") (each a "Party" and collectively the "Parties") hereby stipulate as follows. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), Chobani and Dannon hereby dismiss with prejudice all counts in the Complaint and in the Counterclaims, with each party to bear its own costs and attorneys' fees and waiving all rights...
JOINT MOTION FOR ENTRY OF CONSENT PERMANENT INJUNCTION DAVID N. HURD , District Judge . Plaintiff/Counterclaim Defendant Chobani, LLC ("Chobani") and Defendant/ Counterclaim Plaintiff The Dannon Company, Inc. ("Dannon") (collectively, the "Parties") hereby jointly move that the Court enter the Consent Permanent Injunction attached hereto. CONSENT PERMANENT INJUNCTION Upon the joint motion of Plaintiff/Counterclaim Defendant Chobani, LLC ("Chobani") and Defendant/Counterclaim Plaintiff...
STIPULATION THOMAS J. McAVOY , District Judge . The undersigned attorneys for Plaintiff Locke and the 25 Opt-In Plaintiffs (collectively, the "Plaintiffs") and Defendant City of Cortland ("Defendant") agreed to this stipulation of discontinuance pending resolution of the amount of attorneys' fees and costs Defendant shall pay under the fee-shifting provision of the Fair Labor Standards Act, 29 U.S.C. 216(b). No party hereto is an infant or incompetent. Whereas, the Defendant, The City...
ORDER OF DISMISSAL BY REASON OF SETTLEMENT THOMAS J. McAVOY , District Judge . The Court has been advised by counsel that this action has been settled, or is in the process of being settled. Counsel has also advised the Court that no infant or incompetent is a party to this action. Accordingly, pursuant to N.D.N.Y. L.R. 68.2(a), it is hereby ORDERED as follows: (1) The above-captioned case is hereby dismissed and discontinued in its entirety, without costs, and without prejudice to the...
STIPULATION TO DISMISS THOMAS J. McAVOY , Senior District Judge . TO THE CLERK: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for all the parties to the above entitled action, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee an no person not a party has an interest in the subject matter of the action, that the above entitled action be, and the same hereby is discontinued with...
MEMORANDUM-DECISION AND ORDER LAWRENCE E. KAHN , District Judge . I. INTRODUCTION Plaintiff Jesus Guerra commenced this action against defendant Patrick Murphy, Acting Secretary, Department of the Army, pursuant to Title VII, 42 U.S.C. 2000e et seq., alleging discrimination on the basis of race and national origin and retaliation for engaging in activity protected by Title VII. Dkt. No. 1 ("Complaint") at 1-2; Dkt. No. 15 ("Amended Complaint") at 1-2. Presently before the Court is...
ORDER DAVID E. PEEBLES , Chief Magistrate Judge . Currently pending before the court in this action, in which plaintiff seeks judicial review of an adverse administrative determination by the Acting Commissioner, pursuant to 42 U.S.C. 405(g), are cross-motions for judgment on the pleadings. 1 Oral argument was conducted in connection with those motions on December 8, 2016, during a telephone conference held on the record. At the close of argument I issued a bench decision in which,...
MEMORANDUM-DECISION AND ORDER LAWRENCE E. KAHN , District Judge . I. INTRODUCTION Plaintiff David Rowe commenced the present action against Defendant AAA Western and Central New York, Inc. pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101-12213. Dkt. Nos. 1 ("Complaint"), 13 ("Amended Complaint"). Presently before the Court is AAA's Motion for Summary Judgment. Dkt. No. 27 ("Motion"); see also Dkt. Nos. 27-1 ("Memorandum"), 27-2 ("Statement of Material Facts"),...
MEMORANDUM DECISION JAMES K. SINGLETON, Jr. , Senior District Judge . Alan Norcutt, a New York state prisoner proceeding pro se, filed a Petition for a Writ of Habeas Corpus with this Court pursuant to 28 U.S.C. 2254. Norcutt is in the custody of the New York State Department of Corrections and Community Supervision and incarcerated at Great Meadow Correctional Facility. Respondent has answered the Petition, and Norcutt has not replied. I. BACKGROUND/PRIOR PROCEEDINGS On February 11,...
MEMORANDUM-DECISION AND ORDER MAE A. D'AGOSTINO , District Judge . I. INTRODUCTION Plaintiff Ditech Financial LLC ("Plaintiff") commenced this action on December 8, 2015 pursuant to Article 13 of the New York Real Property Actions and Proceedings Law ("RPAPL") to foreclose a mortgage encumbering 4523 Broad Road, Syracuse, New York 13215, together with the land, buildings, and other improvements on the property (the "Mortgaged Property"). See Dkt. No. 1 1. Defendants Devon Sterly, also...
DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this Social Security action filed by Lawrence C. Trimm, III ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "the Commissioner") pursuant to 42 U.S.C. 405(g) and 1383(c)(3), is the Report and Recommendation of United States Magistrate Judge William B. Mitchell Carter, recommending that Plaintiff's motion for judgment on the pleadings be denied, and that Defendant's...
