REPORT and RECOMMENDATION LESLIE G. FOSCHIO, Magistrate Judge. JURISDICTION This action was referred to the undersigned by Honorable Richard J. Arcara on May 8, 2009. The matter is presently before the court on Defendant's motion for judgment on the pleadings filed on October 2, 2009. (Doc. No. 7). BACKGROUND Plaintiff, Lucinda M. Ball ("Plaintiff"), seeks review of Defendant's decision denying her Social Security Disability Insurance ("SSDI"), and Supplemental Security Income ("SSI") (...
DECISION AND ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION In this action, brought to pursuant to 42 U.S.C. 1983, Diallo Rafik Madison ("Plaintiff"), a prison inmate, is suing defendants Dr. John Alves ("Alves") and Nurse K. Dyal ("Dyal"), who are members of the medical staff at Southport Correctional Facility ("Southport"), for allegedly violating his Eighth Amendment rights by acting with deliberate indifference to his serious medical needs. Trial in this action is scheduled to...
DECISION AND ORDER DAVID G. LARIMER, District Judge. This is an appeal from the October 27, 2009 decision of United States Bankruptcy Judge John C. Ninfo, II (Dkt. # 1-14). In that decision and order, Judge Ninfo determined that an indebtedness of $115,000 to the Genesee Regional Bank (the "Bank") was non-dischargeable in Joseph S. Rinaudo's ("the debtor") petition in his Chapter 7 case. Judge Ninfo's decision was entered after he conducted a trial in an adversary proceeding brought by...
DECISION AND ORDER JONATHAN W. FELDMAN, United States Magistrate Judge. Preliminary Statement On September 3, 2010 this Court issued a Decision and Order (Docket # 351) approving the proposed settlement of a nationwide class action in which a putative class of over three thousand current and former African American Kodak employees, with Courtney Davis as lead plaintiff, had alleged systemic race discrimination in pay and promotions at Eastman Kodak Company. While the Court approved the...
ORDER RICHARD J. ARCARA, District Judge. This case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. 636(b)(1)(A). On August 20, 2010, defendant filed a Motion to Suppress Evidence. On October 20, 2010, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that defendant's motion be granted in part and denied in part. The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials...
DECISION and ORDER LESLIE G. FOSCHIO, Magistrate Judge. This action was referred to the undersigned by Hon. Richard J. Arcara on July 13, 2010 for determination of all pretrial matters. Plaintiff has moved to transfer pursuant to 28 U.S.C. 1406(a) ("1406(a)") (Doc. No. 20) ("Plaintiff's motion"). Defendants oppose (Doc. No. 24). Section 1406(a) permits transfer to another district where the action could have been brought if the action was filed in a district lacking proper venue. However,...
DECISION and ORDER ADOPTING REPORT and RECOMMENDATION CHARLES J. SIRAGUSA, District Judge. The Honorable Victor E. Bianchini, United States Magistrate Judge, having issued a Report and Recommendation (Docket No. [#19]) on April 15, 2010, recommending that this action be dismissed as moot, and no objection having been filed within the time specified for doing so, it is hereby ORDERED, that pursuant to 28 U.S.C. 636(b)(1)(C), the Court accepts and adopts the Report and Recommendation (Docket...
DECISION AND ORDER DAVID G. LARIMER, District Judge. On October 27, 2010, this Court issued a Decision and Order denying plaintiff's motion for reconsideration of its September 14, 2010, 2010 WL 3724662, Decision and Order and the resulting judgment. (Dkt. # 31). Plaintiff now moves (Dkt. # 33) for reconsideration of that Decision and Order, and further requests that the Court recuse itself. Initially, plaintiff's instant motion for reconsideration (Dkt. # 33) of the Court's October 27,...
DECISION AND ORDER DAVID G. LARIMER, District Judge. On October 27, 2010, 2010 WL 4238857, this Court issued a Decision and Order denying plaintiff's motion for reconsideration of its September 14, 2010, 737 F.Supp.2d 117 , 2010 WL 3590339 (W.D.N.Y.2010), Decision and Order and the resulting judgment. (Dkt. # 45). Plaintiff now moves (Dkt. # 47) for reconsideration of that Decision and Order, and further requests that the Court recuse itself. Initially, plaintiff's instant motion for...
DECISION AND ORDER DAVID G. LARIMER, District Judge. This action was commenced on July 2, 2010, in New York State Supreme Court, Monroe County, by plaintiff Preston Frankford Shopping Center Dallas, Tx. Limited Partnership ("Preston"), against defendants Butler Dining Services, LLC d/b/a Newk's Caf ("Newk's"), Tommy E. Butler, and Gale M. Butler ("the Butlers"). Preston, a Delaware corporation with its principal place of business in Rochester, New York, alleges that in July 2008, Preston...
DECISION AND ORDER DAVID G. LARIMER, District Judge. INTRODUCTION On October 27, 2010, Blom ASA ("Blom") filed in this Court a petition for injunctive relief pending arbitration ("petition") (Dkt. # 1), along with a motion for a preliminary injunction (Dkt. # 3). Blom and respondent Pictometry International Corp. ("Pictometry") are engaged in a dispute involving a contract between them concerning Pictometry's licensing to Blom of certain technology created by Pictometry. Pursuant to the...
ORDER RICHARD J. ARCARA, District Judge. This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. 636(b)(1), on May 8, 2009. On October 2, 2009, defendant filed a motion for judgment on the pleadings. On July 28, 2010, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant's motion should be denied and the matter remanded for a rehearing. Defendant filed objections to the Report and Recommendation on August 6, 2010 and the...
DECISION and ORDER ADOPTING REPORT and RECOMMENDATION CHARLES J. SIRAGUSA, District Judge. The Honorable Victor E. Bianchini, United States Magistrate Judge, having issued a Report and Recommendation (Docket No. [#20]) on March 16, 2010, recommending that this action be dismissed as untimely, and no objection having been filed within the time specified for doing so, it is hereby ORDERED, that pursuant to 28 U.S.C. 636(b)(1)(C), the Court accepts and adopts the Report and Recommendation (...
JOHN T. CURTIN, District Judge. This action was originally brought in New York State Supreme Court, Erie County, on July 11, 2007, and was removed to this court in August 2007 on the basis of the diversity of citizenship of the parties, in accordance with 28 U.S.C. 1332 and 1441. Plaintiff Michael S. Steinman seeks damages under the common law of negligence and New York State Labor Law 200, 240(1), and 241(6) for personal injuries allegedly sustained on July 12, 2004 while performing...
DECISION AND ORDER RICHARD J. ARCARA, District Judge. I. INTRODUCTION Pending before the Court is one post-trial motion each by plaintiff Angela Clayson and defendant Rubin & Rothman, LLC. In plaintiff's motion (Dkt. No. 51), plaintiff seeks vacation of the final judgment entered on June 9, 2010 (Dkt. No. 50) following a defense verdict on May 28, 2010. With respect to her claims under Sections 1692b(2) and 1692c(b) of the Fair Debt Collection Practices Act ("FDCPA"), 1 plaintiff seeks...
Decision and Order RICHARD J. ARCARA, District Judge. INTRODUCTION Currently before this Court are motions by the St. Regis Mohawk Tribe ("Mohawk Tribe" or "Tribe") and the Unkechauge Indian Nation ("Unkechauge Nation" or "Nation") for a preliminary injunction enjoining the implementation of certain amendments to the New York State tax law relating to the taxation of cigarettes sold by reservation retailers. In addition, the Unkechauge Nation requests that this Court order the defendants to...
DECISION AND ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION This is an action alleging federal claims, under the Federal Tort Claims Act ("FTCA"), against the United States and the Department of Veteran's Affairs ("VA") (collectively "the United States"), and state-law claims for medical malpractice, against the University of Rochester ("U of R") and Shobha Boghani ("Boghani"). Now before the Court is a motion [# 41] by the United States to dismiss the FTCA claims for lack of...
DECISION AND ORDER DAVID G. LARIMER, District Judge. INTRODUCTION Lending credence to the adage that "nothing good happens after midnight," this action has its roots in an altercation involving two groups of people and several officers of the Rochester (New York) Police Department ("RPD") in the wee hours on the morning of June 1, 2007. What might have seemed at the time like an unexceptional late-night ruckus that would soon be forgotten ended up garnering considerable attention in the...
AMENDED DECISION AND ORDER DAVID G. LARIMER, District Judge. Defendant, Stephen L. Weinberg ("Weinberg"), has been found incompetent to stand trial on a pending federal indictment. He is now confined at the Federal Medical Center at Butner, North Carolina ("Butner"). Officials at Butner believe that Weinberg should receive certain psychotropic medication which they believe may restore his competency. To date, Weinberg has steadfastly refused to voluntarily take such medication. Physicians...
DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiff Thomas C. Barry brings this action under the Employee Retirement Insurance Security Act ("ERISA"), 29 U.S.C. 1001 et seq. Plaintiff, a former employee of Carestream Health, Inc. ("Carestream"), has sued the Carestream Health, Inc. Welfare Benefit Plan ("Plan") and the Carestream Health, Inc. Carestream Health Benefits Committee ("Committee"), seeking benefits under the Plan pursuant to 29 U.S.C. 1132(a)(1)(B) and (a)(3)....
