OPINION AND ORDER MICHAEL H. SIMON , District Judge . United States Magistrate Judge John V. Acosta issued Findings and Recommendation in this case on November 13, 2019. ECF 37. Judge Acosta recommended that Defendants' motion to dismiss for lack of personal jurisdiction should be granted and this case should be dismissed without prejudice. Under the Federal Magistrates Act ("Act"), the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the...
ORDER MICHAEL H. SIMON , District Judge . United States Magistrate Judge Jolie A. Russo issued Findings and Recommendations on this case in December 2019. ECF 28. Kambiz and Homa Moradi (collectively, "Plaintiffs") brought four claims in their suit. ECF 1. ReconTrust Company, NA, Bank of America, NA, Bank of New York Mellon, and John Does (collectively, "Defendants") moved to dismiss all four claims. ECF 8. Magistrate Judge Russo recommended that the motion to dismiss be GRANTED. The...
ORDER PATRICIA SULLIVAN , Magistrate Judge . Plaintiff moves to dismiss this case with prejudice. ECF No. 19. The Commissioner does not oppose Plaintiff's motion. Accordingly, the Motion is GRANTED and final judgment shall be entered. It is so ORDERED. FootNotes 1. In the interest of privacy, this opinion uses only first name and the initial of the last name of the non-governmental party or parties in this case. Where applicable, this opinion uses the same designation for a non-...
ORDER ALLOWING RELEASE MICHAEL MOSMAN , District Judge . Having considered Defendant's Unopposed Motion for Early Release to Residential Reentry Center, IT IS HEREBY ORDERED that defendant's Sentence is amended as to the period of incarceration in the Bureau of Prisons as follows: Defendant is sentenced to time served. The remainder of the Judgment and Commitment remain in full effect.
OPINION AND ORDER MICHAEL J. MCSHANE , District Judge . Plaintiff brings this action for judicial review of the Commissioner's decision denying her application for supplemental security income and disability insurance benefits. This court has jurisdiction under 42 U.S.C. 405(g) and 1383(c)(3). On February 18, 2015, Plaintiff filed an application for benefits, alleging disability as of September 1, 2013. Tr. 15. 2 After a hearing, the administrative law judge (ALJ) determined Plaintiff...
ORDER ON STIPULATED MOTION FOR FEES AND COSTS ANN AIKEN , District Judge . Plaintiff Kristyn Lacy Pedersen filed a stipulated motion, seeking an award of $7,575.64 in attorney's fees and $400 in costs. For the reasons set forth in the stipulated motion, supporting affirmation, and good cause shown, IT IS HEREBY ORDERED as follows: 1. Plaintiff is granted attorney's fees in the amount of $7,575.64 under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412, and $400 in costs....
ORDER STACIE F. BECKERMAN , Magistrate Judge . The Court GRANTS Petitioner's Motion for Voluntary Dismissal (ECF No. 18). This proceeding is DISMISSED, without prejudice. IT IS SO ORDERED.
OPINION AND ORDER MICHAEL W. MOSMAN , District Judge . This case comes before me by way of a Memorandum Opinion and Report and Recommendation from U.S. Bankruptcy Judge Trish M. Brown. [ECF 35] ("Opinion & Report"). In her Opinion & Report, Judge Brown made two recommendations: (1) that this court withdraw its referral of two of Mr. Holdner's claims, and (2) that I designate Mr. Holdner as a vexatious litigant for purposes of further proceedings against these defendants. Id. at 16-18, 36....
OPINION AND ORDER Michael H. Simon , District Judge . Plaintiff Digicel Haiti, Inc. ("Digicel Haiti") provides mobile telecommunications services in Haiti. In its Third Amended Complaint, Digicel Haiti asserts claims of fraud, conversion, and unjust enrichment against UPM Technology, Inc. ("UPM") and several individuals and entities affiliated with UPM (collectively, "Defendants"). ECF 200. In Defendants' Answer, Affirmative Defenses and Counterclaims, UPM asserts six counterclaims against...
OPINION AND ORDER MICHAEL H. SIMON , District Judge . Becky B. ("Plaintiff") seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying her application for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act (the "Act"). For the following reasons, the Commissioner's decision is REVERSED and REMANDED for further proceedings. STANDARD OF REVIEW The district court must affirm the Commissioner's...
ORDER ANNA J. BROWN , District Judge . It is hereby ORDERED that attorney fees in the amount of $3,299.78 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. Attorney fees will be paid to Plaintiffs attorney, dependent upon verification that Plaintiff has no debt which qualifies for offset against the awarded fees, pursuant to the Treasury Offset Program as discussed in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). If Plaintiff has no such debt,...
OPINION AND ORDER MICHAEL H. SIMON , District Judge . James M. ("Plaintiff") seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying his applications for Supplemental Security Income ("SSI") and Disability Insurance Benefits ("DIB"). For the reasons discussed below, the Commissioner's decision is reversed and remanded for further proceedings. STANDARD OF REVIEW The district court must affirm the Commissioner's...
OPINION AND ORDER MICHAEL H. SIMON , District Judge . Tony D. ("Plaintiff") seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying his application for supplemental social security income ("SSI") and disability insurance benefits ("DIB"). Because the Commissioner's findings were not supported by substantial evidence, the decision is REVERSED and this case REMANDED for further proceedings. STANDARD OF REVIEW The...
ORDER APPROVING ATTORNEY FEES PURSUANT TO 42 U.S.C. 406(b) STACIE F. BECKERMAN , Magistrate Judge . After considering Plaintiff's Motion, and counsel for Defendant having no objection, Plaintiff's Motion is hereby granted in the sum of $46,421.48 in attorney fees, out of which Plaintiff's attorney will refund to Plaintiff Equal Access to Justice ("EAJA") fees received by counsel in the amount of $9,056.79, for a net 406(b) attorney fee award herein of $37,364.69 as full settlement of all...
OPINION AND ORDER MICHAEL H. SIMON , District Judge . Plaintiff Johnathon M., a minor, seeks judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying his application for Supplemental Security Income ("SSI"). Because the Commissioner's decision was based on the proper legal standards and the findings were supported by substantial evidence, the decision is AFFIRMED and this case is DISMISSED. STANDARD OF REVIEW The district...
OPINION AND ORDER MICHAEL H. SIMON , District Judge . Plaintiff John Card opened and maintained a credit card account with Defendant Wells Fargo Bank, N.A. ("Wells Fargo"). Plaintiff's account ultimately fell into arrears for an unpaid balance. Plaintiff alleges that on December 20, 2017, among other times, he sent a letter by certified mail to Well Fargo and that Wells Fargo received that letter on December 26, 2017. In that letter, Plaintiff allegedly states that he revoked any prior...
OPINION & ORDER JOLIE A. RUSSO , Magistrate Judge . Plaintiff Ronald F. Greenspan, as the Court-appointed Receiver for Aequitas Holdings, LLC, brings this action against defendants Michael and Susan Newman (the Newmans) asserting breach of contract, breach of security agreement and foreclosure of security interest, money had and received, unjust enrichment, and foreclosure of pledge and voting agreement. Both parties now move for summary judgment. For the reasons stated below, summary...
OPINION AND ORDER MICHAEL H. SIMON , District Judge . Doug Tilson and Dianna Williams (collectively, "Plaintiffs") assert claims for violations of the Fair Labor Standards Act ("FLSA") against Tri-County Metropolitan Transportation District of Oregon ("Tri-Met" or "Defendant"). Plaintiffs allege that Tri-Met failed to include payments made to Plaintiffs under a "rail allowance" in calculating Plaintiffs' "regular rate" for purposes of determining Plaintiffs' overtime compensation....
OPINION AND ORDER MICHAEL H. SIMON , District Judge . Plaintiffs are several construction workers who allege they are owed payment for roofing work they performed in early 2018. Plaintiffs assert that they were joint employees of Defendants Misael Naranjo ("Naranjo"), Commercial Roofing Solutions, Inc. ("CRS"), and CRS's President, Kenneth Burns. Plaintiffs bring claims for unpaid wages under the Fair Labor Standards Act ("FLSA") and Oregon's wage and hour laws. Plaintiffs also claim that...
ORDER MICHAEL H. SIMON , District Judge . United States Magistrate Judge Youlee Y. You issued Findings and Recommendations ("F&R") in this case on September 24, 2019. ECF 80. Magistrate Judge You recommended that the motions to dismiss filed by Pacific Patrol Services, Mayor Ted Wheeler, Police Chief Danielle Outlaw, and Rapid Response Bio Clean (ECF 73, 75, 76) should be GRANTED and that Plaintiff Michael O'Callaghan's amended complaint (ECF 70) should be DISMISSED WITH PREJUDICE. The...
