ORDER STEVEN J. McAULIFFE , District Judge . LMG Rhode Island Holdings, Inc. is the publisher of The Providence Journal (the "Journal"), a daily newspaper distributed in and around Providence, Rhode Island. This dispute arises out of the Journal's efforts to determine the names and addresses of jurors who sat on a high-profile criminal murder trial — the "DePina case" — that was tried in the Rhode Island Superior Court, Providence County, in March of 2018. The Journal seeks a judicial...
MEMORANDUM AND ORDER LINCOLN D. ALMOND , Magistrate Judge . Before this Court is Petitioner's Motion to Appoint Counsel. (ECF Doc. No. 11). The Motion has been referred to me for determination. 28 U.S.C. 636(b)(1)(A); LR Cv 72(a). For the reasons set forth below, Petitioner's Motion is DENIED. The Court may appoint an attorney pursuant to 18 U.S.C. 3006A(a)(2)(B) if "the interests of justice so require," however, there is no absolute right to an attorney in a civil case. DesRosiers v....
REPORT AND RECOMMENDATION LINCOLN D. ALMOND , Magistrate Judge . Norman Beaulieu-Bedford ("Petitioner") filed his Petition for Writ of Habeas Corpus on August 24, 2018. (ECF Doc. No. 1). On October 22, 2018, Respondent, Rhode Island Department of Corrections, filed a Motion to Dismiss the Petition as unexhausted and time-barred. (ECF Doc. No. 13). Petitioner filed his Objection on November 20, 2018. (ECF Doc. No. 22). This matter was referred to me for preliminary review, findings and...
MEMORANDUM AND ORDER PATRICIA A. SULLIVAN , Magistrate Judge . Plaintiff Heidi M., a "younger" person, filed her claim for Disability Insurance Benefits ("DIB") on October 17, 2014, alleging that she had been disabled from October 23, 2013, when she was medically retired from military service, until her date last insured, March 31, 2018. As grounds, she contends that she suffered from disabling fibromyalgia, cervical and lumbar spine disorders, carpal tunnel syndrome, migraine headaches,...
MEMORANDUM AND ORDER PATRICIA A. SULLIVAN , Magistrate Judge . Pending before the Court for determination in these consolidated cases 1 are two motions filed by the Wai Feng parties 2 attacking the expert opinion 3 and subsequent affidavit 4 of Quick Fitting's Vice President of Engineering, Libardo Ochoa. The first motion (ECF No. 182) is focused principally on Ochoa's proposed expert testimony regarding (1) whether products the Wai Feng parties sent to Quick Fitting complied with...
REPORT AND RECOMMENDATION LINCOLN D. ALMOND , Magistrate Judge . This matter is before the Court for judicial review of a final decision of the Commissioner of the Social Security Administration ("Commissioner") denying Disability Insurance Benefits ("DIB") under the Social Security Act (the "Act"), 42 U.S.C. 405(g). Plaintiff filed his Complaint on October 31, 2017 seeking to reverse the Decision of the Commissioner. On July 14, 2018, Plaintiff filed a Motion for Reversal of the...
MEMORANDUM AND ORDER PATRICIA A. SULLIVAN , Magistrate Judge . Pending before the Court for determination in these consolidated cases 1 are the following motions, all filed by the Wai Feng parties: 2 1) Motion to Strike Quick Fitting's "Statement of Counter-Facts" and to Deem Admitted their Undisputed Facts (ECF No. 181); 2) Motion to Exclude David Crompton's Expert Testimony (ECF No. 183); 3) Motion to Strike Quick Fitting's Amended Statement of Undisputed Facts (ECF No. 184); 4)...
REPORT AND RECOMMENDATION PATRICIA A. SULLIVAN , Magistrate Judge . This report and recommendation incorporates by reference 1 a report and recommendation ("R+R I") issued earlier today, which addressed three and most of a fourth of six motions for summary judgment filed by the parties in these consolidated cases. ECF No. 230. 2 In this second report and recommendation ("R+R II"), the Court addresses the remainder of the pending summary judgment motions. The motions addressed here are...
REPORT AND RECOMMENDATION PATRICIA A. SULLIVAN , Magistrate Judge . The commercial dispute framed by these contentiously litigated cases 1 has finally cleared the discovery hurdles and reached the summary judgment phase, though not without significant bumps along the way. 2 The first of the two cases (13-33) was initially filed in Canada, on August 2, 2012, and was refiled in this Court on January 17, 2013. As framed in the operative pleading, the Fourth Amended Complaint, (ECF No. 80) ("...
MEMORANDUM AND ORDER JOHN J. McCONNELL, JR. , District Judge . Defendants Encore Capital Group, Inc., Midland Funding LLC, and Midland Credit Management, Inc. move to dismiss Plaintiff Michael P. Tatro's Complaint for failure to state a claim on which relief can be granted under Fed. R. Civ. P. 12(b)(6). ECF No. 20. For reasons set forth below, the Court GRANTS Defendants' Motion. I. BACKGROUND Defendants Encore Capital Group, Inc., Midland Funding LLC, and Midland Credit Management, Inc....
REPORT AND RECOMMENDATION PATRICIA A. SULLIVAN , Magistrate Judge . After the Court had already scheduled a hearing to address Plaintiffs' potential breach of its Amended Order (ECF No. 262) banning further efforts to sell the "Raymond Weil Watch," 1 Defendants Craig and Molly Hekking 2 filed a motion for injunctive relief, contempt and sanctions, which sought to replow the same ground. ECF No. 264. The motion has been referred to me pursuant to 28 U.S.C. 636(b)(1)(B). I recommend...
ORDER WILLIAM E. SMITH , Chief District Judge . This matter is before the Court on a Motion for Summary Acquittal for Want of Due Process and Multiple Constitutional Violations ("Motion," ECF No. 324) filed by Defendant Ervin Figueroa pursuant to Federal Rule of Civil Procedure 60(b)(3). For the following reasons, the Motion is DENIED. I. Background 1 In 2008, Defendant Ervin Figueroa and five other individuals were arrested and subsequently indicted on a number of conspiracy, drug,...
OPINION AND ORDER WILLIAM E. SMITH , Chief Judge . The State of Rhode Island brings this case against various oil and chemical companies alleging that they collectively caused the widespread contamination of the State's waters by a hazardous gasoline additive — methyl tertiary butyl ether ("MTBE"). Defendants move to dismiss 1 the whole of the State's case, with limited success. (ECF No. 91). I. Background 2 MTBE is a synthetic gasoline additive that acts as an oxygenate, increasing...
ORDER WILLIAM E. SMITH , Chief District Judge . Before the Court is Plaintiff's Motion to Remand to State Court (ECF No. 12). For the following reasons, the motion is granted. This case centers around property damage caused by a motor vehicle accident which occurred on July 14, 2014. Plaintiff originally brought this case in Providence County Superior Court, alleging damages of $100,000; Defendant thereafter removed the case based on its good faith belief that this Court could exercise...
REPORT AND RECOMMENDATION PATRICIA A. SULLIVAN , Magistrate Judge . This case is focused on the disability claim of Plaintiff Nicole M., a college-educated accountant who was thirty-six on her amended onset date. She seeks an award of Disability Insurance Benefits ("DIB") under 42 U.S.C. 405(g) of the Social Security Act (the "Act") because of cervical disc disease (exacerbated by obesity), depression, anxiety and attention deficit with hyperactivity disorder ("ADHD"). She claims that...
REPORT AND RECOMMENDATION LINCOLN D. ALMOND , Magistrate Judge . Pending before me for a report and recommendation are Petitioner's Motions to Proceed IFP (ECF Doc. Nos. 2 and 3). As explained in the Court's Text Order dated November 16, 2018, this action is properly treated as one seeking habeas corpus relief under 28 U.S.C. 2254. Thus, the applicable filing fee is $5.00. Petitioner's Inmate Account Statement for the period May 1, 2018 to October 31, 2018 shows periodic cash deposits...
ORDER WILLIAM E. SMITH , Chief District Judge . Before the Court is Defendants' Motion to Dismiss Amended Complaint (ECF No. 19) ("Defendants' Motion"), to which Plaintiff filed an objection (ECF No. 34). For the following reasons, Defendants' Motion is denied. I. Factual Background This case arises out of a disciplinary incident which occurred while Plaintiff was incarcerated at the Adult Correctional Institution ("ACI"). According to Plaintiff, on April 5, 2017, Defendant Amaral, a...
ORDER WILLIAM E. SMITH , Chief District Judge . Before the Court is the parties' Joint Motion to Approve FLSA Settlement and for Dismissal with Prejudice (ECF No. 115). Having found the terms of the Settlement Agreement to be fair and reasonable, the Court grants the motion. The Court may approve a joint motion to approve the settlement of FLSA claims upon a finding that all parties to the action have agreed to it, and that it represents a "fair and reasonable resolution of a bona fide...
MEMORANDUM AND ORDER JOHN J. MCCONNELL, JR. , United States District Judge . Adam Cobb files his petition for post-conviction relief after having plead guilty to a one-count Information alleging that he had distributed child pornography in violation of 18 U.S.C. 2252(a)(2). He claims ineffective assistance of counsel. Finding no basis for granting the extraordinary relief, the Court DENIES his Motion to Vacate. ECF No. 64. I. RELEVANT FACTS Adam Cobb is a former professor at the Naval...
REPORT AND RECOMMENDATION PATRICIA A. SULLIVAN , Magistrate Judge . Plaintiff Jessica M. is a young woman who claims that she has been unable to work since November 30, 2011, through her date last insured (March 31, 2016), due to the extreme fatigue caused by an autoimmune disorder variously diagnosed as lupus or Sj gren's syndrome, as well as by an array of mental impairments. Overlaying this complex medical picture is Plaintiff's ongoing struggle with alcohol abuse. Despite the...
