DECISION AND ORDER CHARLES J. SIRAGUSA , District Judge . INTRODUCTION Plaintiff Randy M. Little brings this action pursuant to 42 U.S.C. 405(g) to review the final determination of the Commissioner of Social Security ("Commissioner") denying Plaintiff's applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). Both parties have moved for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). Pl.'s Mot., Aug. 6, 2019, ECF No....
DECISION & ORDER LAWRENCE J. VILARDO , District Judge . On November 5, 2016, the plaintiff, Alison Centerbar, filed a complaint alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692. Docket Item 1. After the defendants failed to appear or otherwise defend the action, the Clerk of Court entered a default on February 16, 2017. Docket Item 10. This Court then entered default judgment on March 13, 2018, and, following a hearing on damages, awarded Centerbar $32,883.33:...
ORDER WITH RESPECT TO THE PLAINTIFFS' MOTION FOR A TEMPRORARY NORTHEAST DAIRY PRODUCERS RESTRAINING ORDER LAWRENCE J. VILARDO , District Judge . On December 30, 2019, the plaintiffs, the New York State Vegetable Growers Association, Inc., and the Northeast Dairy Producers Association, Inc., filed a complaint in this Court alleging that the Farm Laborers Fair Labor Practices Act, 2019 N.Y. Sess. Laws ch. 105 ("the Act"), violates the Fourteenth Amendment's Due Process Clause and is...
DECISION AND ORDER MICHAEL A. TELESCA , District Judge . INTRODUCTION Plaintiff Arthur C. Ferry ("Plaintiff"), represented by counsel, brings this action under Titles II and XVI of the Social Security Act ("the Act"), seeking review of the final decision of the Commissioner of Social Security ("the Commissioner" or "Defendant"), denying his applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). Docket No. 1. The Court has jurisdiction over the...
DECISION AND ORDER JEREMIAH J. McCARTHY , Magistrate Judge . This is an action brought pursuant to 42 U.S.C. 1383(c)(3) to review the final determination of defendant Andrew M. Saul, the Commissioner of Social Security, that plaintiff's minor child was not entitled to Supplemental Security Income ("SSI"). Before the court are the parties' cross-motions for judgment on the pleadings [10, 17]. 1 The parties have consented to my jurisdiction [19]. Having reviewed the parties' submissions [...
DECISION AND ORDER FRANK P. GERACI, JR. , Chief District Judge . INTRODUCTION Plaintiffs Bobbi and Matthew Jackson ("Plaintiffs") filed a putative class action complaint on September 30, 2016, alleging that their mortgage loan servicer, Defendant Bank of America ("Defendant"), improperly and untimely processed their mortgage assistance applications so that it could charge them excessive loan delinquency fees. Specifically, Plaintiffs alleged Defendant violated the Real Estate Settlement...
DECISION AND ORDER ELIZABETH A. WOLFORD , United States District Judge . INTRODUCTION Pro se plaintiff Christopher Kochan ("Plaintiff") asserts a claim for excessive use of force against defendants Cori Kowalski and William J. Hunt and claims for conspiracy to deny First Amendment rights and First Amendment retaliation against defendants Lori Pettit Rieman, Jillian Koch, and Mary Reynolds. (Dkt. 2 at 31-38). Presently before the Court are: (1) a motion to dismiss for failure to state...
DECISION AND ORDER ELIZABETH A. WOLFORD , United States District Judge . INTRODUCTION Plaintiff Jonathan M. Lister ("Plaintiff") asks the Court to "issue an order pursuant to the Administrative Procedures Act (`APA'), 5 U.S.C. 706(2)(A)—vacating the finding of inadmissibility under 212(a)(6)(C)(i) of the Immigration and Nationality Act (`INA') lodged against [Plaintiff] by U.S. Customs & Border Protection (`CBP') at the Peace Bridge Port-of-Entry in Buffalo, New York on May 24, 2017.......
DECISION AND ORDER ELIZABETH A. WOLFORD , United States District Judge . INTRODUCTION Plaintiff Deep Foods Inc. ("Plaintiff") commenced this action on November 8, 2018, asserting various claims arising out of the alleged infringement of Plaintiff's trademark by defendants Deep Foods Inc. and Vikramdeep Cheema (collectively, "Defendants"). (Dkt. 1). Because Defendants have not appeared in this action, upon Plaintiff's request (Dkt. 8), the Clerk of Court entered default as to Defendants...
DECISION AND ORDER ELIZABETH A. WOLFORD United States District Judge . INTRODUCTION Plaintiff Matthew Singletary ("Plaintiff") commenced this action on September 17, 2018 against the City of Buffalo and named and unnamed Buffalo Police Officers (collectively, "Defendants"), alleging civil rights violations pursuant to 42 U.S.C. 1983 and the New York Constitution, article I, 12, as well as New York common law claims. (Dkt. 1). Currently pending before the Court is the motion...
MEMORANDUM-DECISION and ORDER WILLIAM B. MITCHELL CARTER , Magistrate Judge . The parties consented, in accordance with a Standing Order, to proceed before the undersigned. (Dkt. No. 14.) The court has jurisdiction over this matter pursuant to 42 U.S.C. 405(g). The matter is presently before the court on the parties' cross-motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. For the reasons discussed below, Plaintiff's motion is denied,...
MEMORANDUM DECISION AND ORDER DON D. BUSH , Magistrate Judge . INTRODUCTION Plaintiff Madeline Green ("Plaintiff") brings this action pursuant to the Social Security Act (the "Act"), seeking review of the final decision of the Commissioner of Social Security (the "Commissioner") that denied her application for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act (the Act) and her application for supplemental security income ("SSI") under Title XVI of the Act....
DECISION AND ORDER JEREMIAH J. McCARTHY , Magistrate Judge . This is an action brought pursuant to 42 U.S.C. 405(g) and 1383(c)(3) to review the final determination of defend ant Commissioner of Social Security that plaintiff was not entitled to adult child's disability insurance benefits ("DIB") or Supplemental Security Income ("SSI"). Before the court are the parties' cross-motions for judgment on the pleadings [10, 18]. 1 The parties have consented to my jurisdiction [20]. Having...
DECISION & ORDER LAWRENCE J. VILARDO , District Judge . On June 7, 2018, the plaintiff, Rasaun Blackmon, commenced this action under 42 U.S.C. 1983. Docket Item 1. On July 1, 2019, the defendants moved to dismiss, Docket Item 13; on August 16, 2019, Blackmon responded, Docket Item 19; and on September 6, 2019, the defendants replied, Docket Item 20. On September 9, 2019, this Court referred this case to United States Magistrate Judge Hugh B. Scott for all proceedings under 28 U.S.C....
DECISION & ORDER LAWRENCE J. VILARDO , District Judge . On June 7, 2018, the plaintiff commenced this putative class action. Docket Item 1. On May 21, 2019, the parties informed the Court that they had reached a settlement agreement. Docket Item 37. On May 22, 2019, this Court ordered that the case be dismissed in light of the parties' agreement but preserved the parties' right to reopen the case upon good cause shown within 60 days if the settlement was not consummated. Docket Item 38....
DECISION AND ORDER JEREMIAH J. McCARTHY , Magistrate Judge . Plaintiff commenced this action on January 29, 2018, arguing that the Commissioner's denial of her claims for Social Security Disability Benefits were not supported by substantial evidence and that the Commissioner's denial was based upon legal errors. Complaint [1]. 2 On September 12, 2019, I granted plaintiff's motion for judgment on the pleadings and remanded the case to the Commissioner for further proceedings consistent...
DECISION AND ORDER LAWRENCE J. VILARDO , District Judge . On March 22, 2017, a jury convicted Gregory Ramos on three of four counts charged against him in the superseding indictment: possession of cocaine with the intent to distribute it, possession of a firearm in furtherance of a drug-trafficking crime, and possession of a firearm by a person subject to a domestic violence order of protection. See Docket Items 10 and 85. The convictions stemmed from a high-speed car chase, foot chase,...
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTIONS TO COMPEL (Docs. 34 and 42) CHRISTINA REISS , District Judge . In June 2018, Black Love Resists In the Rust and four individuals brought this suit on behalf of the organization, its members, and a purported class of similarly situated individuals (collectively, "Plaintiffs") against the City of Buffalo (the "City"); Buffalo Mayor Byron Brown; current Buffalo Police Department ("BPD") Commissioner Byron Lockwood,...
DECISION AND ORDER FRANK P. GERACI, JR. , Chief District Judge . INTRODUCTION Plaintiff, Stephen M. Hynes, brought this action pursuant to Title XVI of the Social Security Act seeking review of the final decision of the Commissioner of Social Security ("Commissioner") denying his application for supplemental security income benefits. ECF No. 1. Presently before the Court are the parties' competing motions for judgment on the pleadings. ECF Nos. 19, 26. For the reasons that follow,...
DECISION AND ORDER ELIZABETH A. WOLFORD , District Judge . INTRODUCTION Represented by counsel, plaintiff Wayne D. Snyder ("Plaintiff") brings this action pursuant to Titles II and XVI of the Social Security Act (the "Act"), seeking review of the final decision of the Commissioner of Social Security (the "Commissioner") denying his applications for disability insurance benefits ("DIB") and supplemental security income ("SSI"). (Dkt. 1). This Court has jurisdiction over the matter...
