AMENDED MEMORANDUM AND ORDER MARY M. LISI, Chief Judge. The case before this Court involves the determination of eligibility for benefits pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq. ("IDEA"). The Bristol Warren Regional School District (the "School") has appealed the Administrative Decision (the "Decision") of an Impartial Due Process Hearing Officer (the "Hearing Officer") which requires the School to provide its student, S.E., with (1) special...
ORDER WILLIAM E. SMITH, District Judge. The Report and Recommendation of United States Magistrate Judge David L. Martin filed on September 29, 2010, in the above-captioned matter is hereby accepted pursuant to Title 28 United States Code 636(b)(1). No objection having been filed to the Report & Recommendation, Defendants' Motion to Dismiss the Plaintiff's Amended Complaint is hereby GRANTED as to Count VI of the Complaint and DENIED in all other respects. REPORT AND RECOMMENDATION DAVID...
ORDER WILLIAM E. SMITH, District Judge. The Report and Recommendation of United States Magistrate Judge David L. Martin filed on August 13, 2010 (document #22), in the above-captioned matter is hereby accepted pursuant to Title 28 United States Code 636(b)(1). No objection having been filed, the Report and Recommendation is accepted in full and Defendant Margaret Kemp Henry's Motion to Dismiss (document # 17) is hereby DENIED. REPORT AND RECOMMENDATION DAVID L. MARTIN, United States...
MEMORANDUM AND ORDER MARY M. LISI, Chief Judge. This litigation involves a high-speed automobile pursuit by police that ended with the death of 21-year old Jason Goncalves ("Goncalves"). On August 12, 2005, Officer Christopher R. Lombardi ("Lombardi") and Officer Richard LaForest ("LaForest") of the Pawtucket Police Department ("PPD") were patrolling a section of Pawtucket. Lombardi was driving a marked police cruiser, LaForest was riding along. After receiving a radio dispatch advising...
In re: Timesharing Associates, Ltd., Objection to Receiver's Motion for Order Approving Receiver's Recommended Disposition of Supplemental Bar Date Claims DECISION AND ORDER RONALD R. LAGUEUX, Senior District Judge. This matter is before the Court on the Objection filed by Timesharing Associates, Ltd. (hereinafter "TSA"), to the Receiver's Recommended Disposition of Supplemental Bar Date Claims, as required by this Court's Consolidation Order of January 8, 2004. TSA asks this Court to...
OPINION AND ORDER WILLIAM E. SMITH, District Judge. Before the Court is a motion to dismiss the complaint in this case. For the reasons set forth below, the motion is denied. I. BACKGROUND Plaintiff Native American Arts, Inc. ("NAA") is a wholly Indian-owned organization that manufactures and sells Indian arts and crafts. 1 Defendant Contract Specialties, Inc. ("Specialties") is a Rhode Island corporation that sells arts and crafts, including those made in an Indian style. NAA has sued...
MEMORANDUM AND ORDER MARY M. LISI, Chief Judge. In this insurance coverage case, Allstate Insurance Company ("Allstate") filed a complaint for declaratory action against John 1 and Natalie Bonn (the "Bonns"), the insured under a Landlords Package Policy, (the "Policy") issued by Allstate. The Bonns' former tenants, Antonia and David Jessup (the "Jessups") have intervened in this action individually and as parents, natural guardians and next-of-friends of their two minor children, D. and...
MEMORANDUM AND ORDER MARY M. LISI, Chief Judge. This case is before the Court on the parties' cross motions for summary judgment. The plaintiff, Dora Figueiredo ("Figueiredo"), challenges the termination of long term disability ("LTD") benefits under an employee benefit welfare plan. Figueiredo's five count complaint, initially filed in Rhode Island state court, alleges breach of contract, negligence, intentional and negligent infliction of emotional distress, and recklessness. The defendant,...
OPINION AND ORDER WILLIAM E. SMITH, District Judge. On May 4, 2010, this Court entered an Order (the "Order") granting a petition to compel arbitration filed by Petitioner-Plaintiff UNITE HERE Local 217 (the "Union"). Respondent Sage Hospitality Resources, d/b/a Renaissance Providence Hotel (the "Hotel") is appealing that Order, and has refused to go forward with arbitration until its appeal has been decided. Thus, the Union now asks the Court to direct the Hotel to obey the Order and proceed...
OPINION AND ORDER MARY M. LISI, Chief Judge. I. Introduction It has been two decades since the United States first commenced an action under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. 9601 et seq., to recover response costs associated with remediating a ten acre waste disposal site in Smithfield, Rhode Island, commonly known as the "Davis Site." After several years of litigation to establish liability for the environmental...
OPINION AND ORDER WILLIAM E. SMITH, District Judge. Defendant Locke Capital Management, Inc. ("Locke") defaulted in this matter on March 15, 2010. The United States Securities and Exchange Commission (the "Commission" or the "SEC") now seeks the entry of a default judgment against Locke imposing injunctive relief and damages. The Commission's Motion is granted, and the Court will enter judgment against Locke according to the terms set forth below. I. Standard for default and allegations "...
OPINION & ORDER JOSEPH N. LAPLANTE, District Judge. This case, transferred to this court from the District of Rhode Island, arises out of a dispute between a healthcare system and one of its former hospitals over the terms of their separation. Lifespan Corporation, which runs a network of hospitals in Rhode Island, sued New England Medical Center ("NEMC"), a Massachusetts hospital that had briefly joined Lifespan's system, alleging that NEMC failed to make various payments required by their...
MEMORANDUM AND ORDER MARY M. LISI, Chief Judge. The plaintiff in this case, Dora Figueiredo ("Figueiredo"), challenges the termination of long term disability ("LTD") benefits under an employee benefit welfare plan. After removing the case to federal court pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001 et seq. ("ERISA"), the defendant, Life Insurance Company of North America ("LINA") filed a motion for summary judgment, to which Figueiredo responded with...
DECISION AND ORDER MARY M. LISI, Chief Judge. Plaintiff ADP Marshall, Inc. ("ADPM"), a subsidiary of Fluor NE, Inc., brings this action for breach of contract against defendant Noresco, LLC ("Noresco") in connection with the construction of a cogeneration facility (the "Facility") for the Rhode Island Department of Mental Health, Retardation and Hospitals ("MHRH"). ADPM has also raised claims pursuant to a payment bond issued by Noresco's surety, Lumbermens Mutual Casualty Co. ("Lumbermens")....
