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MILLENNIUM PIPELINE CO. v. ACRES OF LAND, INC., 107 F.Supp.3d 249 (2014)
District Court, W.D. New York Filed:NY May 27, 2014 Citations: 107 F.Supp.3d 249, 07-CV-6511L.

DECISION AND ORDER DAVID G. LARIMER , District Judge . INTRODUCTION Plaintiff, Millennium Pipeline Co., L.L.C. ("Millennium"), commenced this action under the Natural Gas Act ("NGA"), 15 U.S.C. 717 et seq., seeking an order granting Millennium temporary and permanent easements in certain real property ("Property") in Chemung County, New York. 1 The primary purpose of the easements is to allow Millennium to construct and maintain a natural gas pipeline on the Property, which is...

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BALKUM v. LEONARD, 65 F.Supp.3d 367 (2014)
District Court, W.D. New York Filed:NY Dec. 15, 2014 Citations: 65 F.Supp.3d 367, 14-CV-6532 EAW.

DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . I. FACTUAL AND PROCEDURAL BACKGROUND On June 25, 2014, Plaintiff Walter Balkum ("Plaintiff"), an inmate currently incarcerated at the Wende Correctional Facility, filed this pro se action seeking relief under 42 U.S.C. 1983, alleging that on June 17, 2011, Defendants Leonard, Hulett, Meekus, Turnbull, and a John Doe "physically attacked" Plaintiff while Plaintiff was in full mechanical restraints, causing physical, mental, and...

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U.S. v. PARKER, 65 F.Supp.3d 358 (2014)
District Court, W.D. New York Filed:NY Dec. 15, 2014 Citations: 65 F.Supp.3d 358, 14-CR-06045 EAW.

DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . INTRODUCTION Defendant Ronnie Parker ("Defendant") is charged in a one-count indictment with violating 18 U.S.C. 871 by allegedly threatening the life of the President of the United States. (Dkt. 11). After remaining in custody for close to 8 months, Defendant was released to reside at a residential facility for mentally ill individuals, with various conditions in place. Within a matter of days, Defendant violated those...

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COSTA v. SEARS HOME IMP. PRODUCTS, INC., 65 F.Supp.3d 333 (2014)
District Court, W.D. New York Filed:NY Dec. 15, 2014 Citations: 65 F.Supp.3d 333, 12-CV-6235 EAW.

DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . INTRODUCTION Plaintiff Christina Costa ("Plaintiff") brings this retaliation action against Defendants Sears Home Improvement Products, Inc. ("SHIP"), and Sears Holdings Corporation (collectively, "Defendants") pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. ("Title VII"). (Dkt. 1). Plaintiff alleges Defendants terminated her employment in unlawful retaliation for her participation in...

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OLIVA v. TOWN OF GREECE, NY, 71 F.Supp.3d 368 (2014)
District Court, W.D. New York Filed:NY Dec. 01, 2014 Citations: 71 F.Supp.3d 368, 13-CV-6377-FPG.

DECISION AND ORDER FRANK P. GERACI, JR. , District Judge . Nicholas and Cynthia Oliva ("the Olivas") are the parents of Stephanie Oliva, an eighteen-year-old who was tragically killed in a motor vehicle accident in 2005. The Olivas bring this action claiming that the Defendants mishandled the investigation into their daughter's death, thereby precluding the Olivas from obtaining full damages in a wrongful death action. The Olivas plead this allegation as a denial of their constitutional...

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FORD v. BRADT, 71 F.Supp.3d 364 (2014)
District Court, W.D. New York Filed:NY Nov. 21, 2014 Citations: 71 F.Supp.3d 364, 14-CV-06577 EAW.

DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . BACKGROUND Petitioner George Ford, Jr. ("Petitioner") filed the instant petition for a writ of habeas corpus on October 6, 2014. (Dkt. 1). Petitioner was convicted of murder in the second degree by the Hon. Joseph F. Cawley, Chenango County Court Judge, on February 19, 2009. ( Id. at 5). Petitioner was sentenced to a term of incarceration of twenty-five years to life. ( Id. at 6). Petitioner is currently incarcerated at the...

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WI3, INC. v. ACTIONTEC ELECTRONICS, INC., 71 F.Supp.3d 358 (2014)
District Court, W.D. New York Filed:NY Nov. 21, 2014 Citations: 71 F.Supp.3d 358, 14-CV-6321 EAW.

DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . BACKGROUND Plaintiff Wi3, Inc. ("Plaintiff") commenced the instant action on June 11, 2014, alleging that Defendant Actiontec Electronics, Inc. ("Defendant") has infringed certain claims of United States Patent No. 6,108,331 (the "`331 Patent"). (Dkt. 1). Plaintiff alleges that it is the owner of the '331 Patent, which is entitled "Single Medium Wiring Scheme for Multiple Signal Distribution in Building and Access Port...

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LEY v. ROCHESTER REGIONAL JOINT BD., LOCAL 14A, 59 F.Supp.3d 565 (2014)
District Court, W.D. New York Filed:NY Nov. 17, 2014 Citations: 59 F.Supp.3d 565, 14-CV-6605 EAW.

DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . I. INTRODUCTION Petitioner, Rhonda P. Ley, ("Petitioner") Regional Director of the Third Region of the National Labor Relations Board ("Board"), brings this petition pursuant to Section 10( l ) of the National Labor Relations Act ("the Act"), 29 U.S.C. 160( l ), seeking to preliminarily enjoin Respondent Rochester Regional Joint Board, Local 14A ("Union") from engaging in alleged unfair labor practices in violation of Sections...

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OMARO v. ANNUCCI, 68 F.Supp.3d 359 (2014)
District Court, W.D. New York Filed:NY Nov. 13, 2014 Citations: 68 F.Supp.3d 359, 13-cv-06442 EAW.

DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . INTRODUCTION Plaintiff Derrick O. Omaro ("Plaintiff") is an inmate in the custody of the State of New York who is currently confined in the Attica Correctional Facility. Plaintiff commenced the instant action pursuant to 42 U.S.C. 1983 on August 19, 2013. (Dkt. 1). Plaintiff alleges that on or about July 10, 2013, defendant K. Shearing engaged in sexual misconduct during the course of an improper pat-frisk, and that she...

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U.S. v. OLAWAIYE, 12-M-50. (2014)
District Court, W.D. New York Filed:NY Nov. 13, 2014 Citations: 12-M-50.

ORDER OF DISMISSAL H. KENNETH SCHROEDER, Jr., Magistrate Judge. Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure and by leave of Court endorsed hereon, the United States Attorney for the Western District of New York hereby dismisses the criminal complaint against AYOOLA OLAWAIYE.

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HICKS v. T.L. CANNON CORP., 66 F.Supp.3d 312 (2014)
District Court, W.D. New York Filed:NY Nov. 05, 2014 Citations: 66 F.Supp.3d 312, 13-CV-06455 EAW.

DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . On August 5, 2014, this Court entered a Decision and Order granting Plaintiffs' motion to certify a class pursuant to Federal Rule of Civil Procedure 23 (Dkt. 143), granting in part and denying in part Plaintiffs' motion for partial summary judgment (Dkt. 144), and denying Defendants' motion for partial summary judgment (Dkt. 176). (Dkt. 205 (the "August 5th Decision and Order")). Familiarity with the August 5th Decision and Order...

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U.S. v. MORATH, 13CR256A (2014)
District Court, W.D. New York Filed:NY Dec. 30, 2014 Citations: 13CR256A

Order HUGH B. SCOTT, Magistrate Judge. This matter is referred to the undersigned to hear and determine pretrial matters pursuant to 28 U.S.C. 636 (b)(1)(A) and, pursuant to 28 U.S.C. 636(b)(1)(B), to submit proposed findings of fact and recommendations for the disposition of any motion excepted by 28 U.S.C. 636(b)(1)(A) (Docket No. 10). The instant matter before the Court is the defendant's omnibus motion (Docket No. 17) which seeks the following relief: discovery; production of...

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COLE-HOOVER v. STATE, DEPARTMENT OF CORRECTIONAL SERVICES, 02-CV-00826(M). (2014)
District Court, W.D. New York Filed:NY Dec. 30, 2014 Citations: 02-CV-00826(M).

DECISION AND ORDER JEREMIAH J. McCARTHY, Magistrate Judge. Familiarity with the relevant facts and procedural history is presumed. Before me is the Amended Motion of plaintiff's former attorney, Prathima Reddy, Esq. ("Reddy"), for a quantum meruit award of attorneys' fees [431]. 1 Oral argument was held on July 17, 2014 [437], and a further telephonic conference was held on December 19, 2014 [445] to discuss the status of the defendants' appeal from the judgment entered on November 13,...

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GOODFELLOW v. ALLSTATE INDEMNITY COMPANY, 14-CV-642S. (2014)
District Court, W.D. New York Filed:NY Dec. 27, 2014 Citations: 14-CV-642S.

DECISION AND ORDER WILLIAM M. SKRETNY, Chief District Judge. I. INTRODUCTION Plaintiffs commenced this action in New York state court in June 2014. Plaintiffs' single breach of contract claim arises from Defendant Allstate Indemnity Company's March 28, 2014 denial of an insurance claim for Plaintiffs' loss from an August 18, 2013 fire to their West Seneca property. Defendants removed the matter to this Court in August 2014 on diversity jurisdiction grounds. Presently before this Court is...

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PEREZ DE LEON-GARRITT v. STATE UNIVERSITY OF NEW YORK AT BUFFALO, 14-CV-456S. (2014)
District Court, W.D. New York Filed:NY Dec. 27, 2014 Citations: 14-CV-456S.

DECISION AND ORDER WILLIAM M. SKRETNY, Chief District Judge. INTRODUCTION Plaintiff commenced this lawsuit by filing a Summons and Complaint in the State of New York, Supreme Court, County of Erie, in which she alleges that Defendants violated her rights under the Constitution of the United States; Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000 et seq.; and the New York Human Rights Law, N.Y. EXEC. LAW 290 et seq. Defendants removed the action to this Court on...

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GEARY v. FANCY, 12-CV-796S. (2014)
District Court, W.D. New York Filed:NY Dec. 27, 2014 Citations: 12-CV-796S.

DECISION AND ORDER WILLIAM M. SKRETNY, Chief District Judge. I. INTRODUCTION Plaintiff commenced the present action against Defendant in the State of New York Supreme Court, Erie County, in June 2012. The claim arises from an April 6, 2011 automobile accident in which Plaintiff's vehicle was rear-ended by one driven by Defendant. Defendant removed the case to this Court in August, asserting federal jurisdiction based on diversity. Presently before this Court are Plaintiff's motion for...

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ALTAWEL v. U.S., 12-CV-6708. (2014)
District Court, W.D. New York Filed:NY Dec. 18, 2014 Citations: 12-CV-6708.

DECISION AND ORDER MICHAEL A. TELESCA, District Judge. INTRODUCTION In this action, plaintiff Little Brooklyn Mini Market ("Brooklyn Mini Market") and its owner Wafik Nawaf Altawel ("Altawel") challenges an administrative decision of the United States Department of Agriculture ("USDA"), Field and Nutrition Services ("FNS"), which permanently disqualifies Brooklyn Mini Market from participating in the Supplemental Nutrition Assistance Program ("SNAP"). The Government has moved for summary...

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BROWN EX REL. C.M.B. v. COLVIN, 13-CV-1073-JTC. (2014)
District Court, W.D. New York Filed:NY Dec. 18, 2014 Citations: 13-CV-1073-JTC.

JOHN T. CURTIN, District Judge. This matter has been transferred to the undersigned for all further proceedings, by order of Chief United States District Judge William M. Skretny dated October 2, 2014. Item 12. Plaintiff Andrea Brown initiated this action pursuant to the Social Security Act, 42 U.S.C. 405(g), to review the final determination of the Commissioner of Social Security ("Commissioner") denying plaintiff's application for Supplemental Security Income ("SSI") benefits made on...

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CASSATA v. LECONEY, 14-CV-6236 CJS. (2014)
District Court, W.D. New York Filed:NY Dec. 12, 2014 Citations: 14-CV-6236 CJS.

DECISION AND ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION This is an action under 42 U.S.C. 1983 brought by Anthony Cassata ("Plaintiff"), a former prison inmate, who maintains that the defendants, who were employed by either the New York State Court System or the New York State Department of Corrections and Community Supervision ("DOCCS"), caused him to serve a term of imprisonment that exceeded the term to which he was actually sentenced. Now before the Court is Defendants'...

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JAMES v. COLVIN, 66 F.Supp.3d 365 (2014)
District Court, W.D. New York Filed:NY Dec. 12, 2014 Citations: 66 F.Supp.3d 365, 10-CV-6429L.

DECISION AND ORDER DAVID G. LARIMER , District Judge . Pending before the Court is a motion brought on behalf of plaintiff, a prevailing party in this action for Social Security benefits, by her counsel, Jere B. Fletcher. Counsel seeks an order on behalf of his client, awarding attorneys fees and costs in the amount of $13,113.35, pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. (Dkt. # 21). The Commissioner opposes plaintiff's motion, on the grounds that the...

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