DECISION AND ORDER WILLIAM M. SKRETNY , United States District Judge . I. INTRODUCTION In this action, the government seeks forfeiture of a red 2003 Hummer H2 (the "Vehicle") under 21 U.S.C. 881(a)(4) and (a)(6). Claimant Ivory Payne ("Payne") contests the forfeiture and seeks return of the Vehicle, which is titled to him. Presently before this Court is the government's motion for summary judgment or, in the alternative, to dismiss Payne's claim for lack of standing. For the following...
DECISION AND ORDER ELIZABETH A. WOLFORD , United States District Judge . INTRODUCTION Defendants Alexander and Charles Green (collectively "Defendants"), indicted for an alleged marijuana conspiracy, seek dismissal on constitutional grounds. (Dkt. 82). Their motion to dismiss was initially considered by the magistrate judge 1 assigned to this case, who issued a thorough and comprehensive Report and Recommendation, recommending that the motion be denied. (Dkt. 157). Defendants have filed...
ORDER LAWRENCE J. VILARDO , District Judge . On March 19, 2015, the Court (Hon. Richard J. Arcara) referred this case to United States Magistrate Judge Jeremiah J. McCarthy for all proceedings pursuant to 28 U.S.C. 636(b)(1)(B). Docket Item 9. On November 24, 2015, this case was reassigned from Judge Arcara to the undersigned. Docket Item 15. On March 18, 2015, the plaintiff moved for judgment on the pleadings. Docket Item 8. On May 22, 2015, the defendant responded to the plaintiff's...
FINAL APPROVAL ORDER AND JUDGMENT JEREMIAH J. McCARTHY , Magistrate Judge . WHEREAS, the Court is advised that the Parties, through their counsel, have agreed, subject to Court approval following notice to the Class, to settle this Action (the "Action") upon the terms and conditions set forth in the Settlement Agreement which was filed with the Court; and WHEREAS, the Court entered its Order Preliminarily Approving Settlement and Providing for Notice, and said notice has been made, and...
DECISION AND ORDER JEREMIAH J. McCARTHY , Magistrate Judge . Plaintiff Jeffrey Zink commenced this action on July 19, 2013, seeking to recover class remedies from defendant First Niagara Bank, N.A. pursuant to New York's Real Property Law ("RPL") 275(1) and Real Property Actions and Proceedings Law ("RPAPL") 1921(1), for its allegedly "systematic failure to timely present to the county clerks of New York State proof that mortgages have been satisfied". Complaint [1], 1; Amended...
DECISION AND ORDER FRANK P. GERACI, Jr. , Chief District Judge . On December 19, 2016, Defendant James Kendrick ("Kendrick") was sentenced principally to a term of life imprisonment plus thirty years. As required by statute, Kendrick was also sentenced to terms of supervised release for each of the 8 counts of conviction, and the terms imposed by the Court ranged from 5 to 10 years. A few hours after the December 19, 2016 sentencing had concluded, the Court notified Kendrick's lawyer,...
DECISION AND ORDER FRANK P. GERACI, Jr. , Chief District Judge . INTRODUCTION Pro se Plaintiff John Carney ("Plaintiff") brings this action against Jeff Swanson, in his official capacity as Town of Busti Code Enforcement Officer, Jesse Robbins, in his official capacity as Town of Busti Supervisor, Kenneth J. Lawton, James Andrews, Todd M. Hanson, and Brett A. Muchech, in their official capacities as Town of Busti Councilmen, and Kevin P. Okerlund, in his official capacity as Town of...
DECISION AND ORDER WILLIAM M. SKRETNY , District Judge . I. INTRODUCTION Plaintiffs Brenda Wilde and George LaPrell, as parents and natural guardians of minor Caitlin LaPrell, brought this tort action in New York state court against Defendant CSX Transportation, Inc. ("CSXT"), alleging that Ms. LaPrell sustained injuries due to CSXT's negligence. CSXT removed the case to this Court pursuant to 28 U.S.C. 1332, 1441(b), and 1446. Currently pending is CSXT's motion for summary judgment...
DECISION AND ORDER RICHARD J. ARCARA , District Judge . This case is before the Court on Defendant Giovanni Cotto's motion (Docket No. 143) for (1) an order directing the Government to disclose the identities of its confidential sources, and (2) an order directing the Government to immediately disclose its Brady and Giglio material for those sources. The Court assumes familiarity with the facts relevant to Cotto's motion. See Docket No. 1 3-15. For the reasons stated below, Cotto'...
DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . Defendant Taj Williams ("Defendant") has been charged in a three-count Indictment with various crimes related to a fire which occurred on January 18, 2015, at 989 Chili Avenue in Rochester, New York, as follows: (1) Count One charges violations of 18 U.S.C. 844(i); (2) Count Two charges violations of 26 U.S.C. 5822, 5845(a)(8), 5845(f), 5845(i), 5861(c), and 5871; and (3) Count Three charges violations of 26 U.S.C. 5841,...
DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . BACKGROUND Defendants Earl McCoy ("McCoy") and Matthew Nix ("Nix") (collectively "Defendants"), represented by counsel, 1 both stand accused by way of a ten-count second superseding indictment (the "Indictment") returned on November 19, 2015, as follows: Count One — Hobbs Act conspiracy in violation of 18 U.S.C. 1951(a); Count Two — use of firearms during and in relation to a crime of violence in violation of 18 U.S.C....
DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . Plaintiff, Filipe Perez ("Plaintiff"), appearing pro se, filed a complaint under 42 U.S.C. 1983 alleging assault, refusal to provide medical care, filing of a false and retaliatory inmate behavior report, and conspiracy to cover up his injuries. (Dkt. 1). On September 22, 2016, the Court denied without prejudice Defendants Billiet, Van Geldon, and Crowe's motion to dismiss, and allowed Plaintiff 30 days to file an amended...
DECISION AND ORDER OF DETENTION PENDING TRIAL LAWRENCE J. VILARDO , District Judge . Defendants Isiah Pierce and Larry Willis were charged with (1) conspiring to possess with intent to distribute, and to distribute, 100 grams or more of heroin and 28 grams or more of cocaine base; (2) conspiring to maintain a drug premises; and (3) possessing six firearms during and in relation to drug trafficking crimes. See W.D.N.Y. Docket No. 16-MJ-1109, Docket Item 1 (criminal complaint). Pending...
DECISION AND ORDER LAWRENCE J. VILARDO , District Judge . Defendants Karl and Sorina Morrison were charged with conspiracy to import and export controlled substances and controlled substance analogues, in violation of 21 U.S.C. 952(a), 953(a), 953(c), 960(a)(1), 960(b)(3), and 963. W.D.N.Y. Docket No. 16-MJ-138, Docket Item 1 (criminal complaint). Pending before this Court is the Morrisons' motion (Docket Item 1), 1 pursuant to 18 U.S.C. 3145(b), to revoke the orders of United...
DECISION AND ORDER JONATHAN W. FELDMAN , Magistrate Judge . Relevant Facts This personal injury law suit stems from defendants' alleged failure to properly manufacture, package, label and sell a can of "Keck's Premium Food Release Spray" cooking spray that unexpectedly exploded and severely injured plaintiff on July 13, 2014. Plaintiff alleged that the spray was initially manufactured by ConAgra Foods for Epic Industries, Inc. ("Epic" or "Epic, Inc." hereinafter), who then sold it to...
DECISION & ORDER JONATHAN W. FELDMAN , Magistrate Judge . Currently pending before the Court is defendant's motion to compel discovery and to extend discovery deadlines, filed on May 4, 2016. See Docket # 145. Plaintiff responded to the instant motion by declaration (Docket # 150), and in a motion entitled "requesting Judge to release her decision re [130] Motion for Summary Judgment." See Docket # 147. Since the submission of the instant motion to compel, plaintiff has also filed a...
DECISION AND ORDER ELIZABETH A. WOLFORD , United States District Judge . INTRODUCTION Plaintiff Kenneth O. Hall ("Plaintiff") brings this action for damages relating to an alleged breach of the Amended and Restated Executive Retention Plan (the "Plan") by Defendants LSREF4 Lighthouse Corporate Acquisitions, LLC, Lighthouse Management Services, LLC, Home Properties, L.P., and Home Properties, Inc. (collectively "Defendants"). (Dkt. 1-2 at 10). Plaintiff commenced this litigation in state...
DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . On June 8, 2016, Attorney Ryan C. Woodworth filed this action on behalf of Plaintiff Marlon Jefferson ("Plaintiff"), in which Plaintiff alleges employment discrimination. (Dkt. 1). On September 30, 2016, Mr. Woodworth requested leave to withdraw from the case. (Dkt. 3). Mr. Woodworth had been informed — after filing this action — that Plaintiff had previously filed for Chapter 7 bankruptcy relief, that the suit was an asset of the...
DECISION & ORDER and REPORT & RECOMMENDATION MARIAN W. PAYSON , Magistrate Judge . On May 23, 2016, pro se plaintiff James R. Duncan ("plaintiff") filed a complaint in the above-captioned matter asserting constitutional violations pursuant to 42 U.S.C. 1983. (Docket # 1). Currently before this Court is plaintiff's request for appointment of counsel. (Docket # 6). Plaintiff also requests an order "rul[ing] in plaintiff's favor" on his claims. (Docket # 12). DECISION & ORDER Motion to...
DECISION AND ORDER MICHAEL A. TELESCA , District Judge . I. Introduction Represented by counsel, Justin T. Hemmer ("plaintiff") brings this action pursuant to Title XVI of the Social Security Act ("the Act"), seeking review of the final decision of the Commissioner of Social Security ("the Commissioner") denying his application for supplemental security income ("SSI"). The Court has jurisdiction over this matter pursuant to 42 U.S.C. 405(g). Presently before the Court are the parties'...
