REPORT AND RECOMMENDATION DAVID J. NOVAK , Magistrate Judge . On June 1, 2011, Keith Lamont Smith ("Plaintiff") applied for Social Security Disability Benefits ("DIB") and Supplemental Security Income ("SSI") under the Social Security Act ("Act"), alleging disability from chronic obstructive pulmonary disease ("COPD"), Hepatitis C, nerve damage in the legs, arthritis, high blood pressure and carpel tunnel syndrome, with an alleged onset date of June 1, 2011. The Social Security...
REPORT AND RECOMMENDATION DAVID J. NOVAK , Magistrate Judge . On September 23, 2011, Bernard Wade Humphries ("Plaintiff') applied for Supplemental Security Income ("SSI") under the Social Security Act ("Act"), alleging disability from coronary heart disease, diabetes type 1, high blood pressure, gout, chronic foot pain, high cholesterol, heart attacks and an enlarged heart, with an alleged onset date of September 23, 2011. The Social Security Administration ("SSA") denied Plaintiffs claims...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION DOUGLAS E. MILLER , Magistrate Judge . After the parties reached a negotiated settlement of the federal claims raised in this matter, the case was dismissed with prejudice with the court retaining jurisdiction solely to enforce the parties' Settlement Agreement. Thereafter, the Defendants, Richard P. Olenych ("Olenych") and Lone Tree Printing, Inc. ("Lone Tree"), moved the court to enforce the Settlement Agreement, arguing that Plaintiff Edward...
MEMORANDUM OPINION M. HANNAH LAUCK , District Judge . This matter comes before the Court on the United States of America's Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. 1 (ECF No. 19). Defendant Lewis F. Carter has responded, 2 (ECF No. 24-1), and the United States has replied. (ECF No. 22). The Court dispenses with oral argument because the materials before the Court adequately present the facts and legal contentions necessary to resolve the United States'...
OPINION JOHN A. GIBNEY, Jr. , District Judge . Debra Wegner defaulted on her home mortgage, leading to foreclosure upon her home. She now brings this contract action, alleging that the defendants breached the terms of her loan agreement. Wegner seeks compensatory damages, and she also seeks rescission of the foreclosure. The defendants, Manufacturers and Traders Trust Company ("M&T") and Lakeview Loan Servicing, LLC ("Lakeview"), have moved to dismiss the case pursuant to Federal Rule of...
MEMORANDUM OPINION JOHN A. GIBNEY, Jr. , District Judge . Marco Burton, a federal inmate proceeding pro se, filed this petition for habeas corpus under 28 U.S.C. 2241 (" 2241 Petition," ECF No. 1) asserting that he was improperly sentenced under the Armed Career Criminal Act and requesting to be resentenced. On November 5, 2015, the Magistrate Judge recommended that Respondent's Motion to Dismiss be granted because the controlling authority in the United States Court of Appeals for...
MEMORANDUM OPINION T.S. Ellis, III , United States District Judge . This seven-count state tort action between non-diverse parties was initially filed in state court but then timely removed by defendants pursuant to 28 U.S.C. 1446(a) and 1442(a)(1), the so-called "federal officer" removal statute. Plaintiff now seeks a remand on the ground that this removal basis does not apply in this case. Because the issues raised have been fully briefed, the matter is now ripe for disposition....
MEMORANDUM OPINION AND ORDER GERALD BRUCE LEE , District Judge . THIS MATTER is before the Court on Defendants Nationstar Mortgage, Inc., Virginia Nationstar Mortgage, LLC, and Nationstar Home Equity Loan 2009-A REO LLC's (collectively "Defendants" and "Nationstar") Motion for Summary Judgment on Counts I, II, and III (Doc. 26) and Plaintiff Troy Englert's ("Plaintiff") Motion for Summary Judgment on Counts I and II (Doc. 25). This case concerns several claims arising from a dispute about...
MEMORANDUM OPINION CLAUDE M. HILTON , UNITED STATES DISTRICT JUDGE . THIS MATTER comes before the Court on Plaintiff Nationstar Mortgage, LLC's ("Plaintiff") Motion for Summary Judgment on the following counts: Count I — trademark infringement under the Lanham Act in violation of 15 U.S.C. 1114; Count III — federal unfair competition-misrepresentation and false designation of origin in violation of 43(a) of the Lanham Act and 15 U.S.C. 1125 (a); Count IV — Virginia common law unfair...
MEMORANDUM OPINION CLAUDE M. HILTON , District Judge . THIS MATTER comes before the Court on Defendant Mortgage Electronic Registration Systems' ("MERS") Motion to Dismiss. Subsequent to the filing of the Motion to Dismiss, Plaintiff filed an Objection to Removal. Plaintiff claims that jurisdiction was properly laid before the Fairfax County Circuit Court. This Court finds otherwise. Because Plaintiff alleged violations of federal law, including 18 U.S.C. 1028, the case was properly...
FINAL ORDER JOHN A. GIBNEY, Jr. , District Judge . In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that: 1. The Report and Recommendation is ACCEPTED and ADOPTED; 2. Respondent's Motion to Dismiss (ECF No. 7) is GRANTED; and, 3. The action is DISMISSED FOR LACK OF JURISDICTION. Should Burton desire to appeal, a written notice of appeal must be filed with the Clerk of the Court within sixty (60) days of the date of entry hereof. Failure to file a notice of...
REPORT AND RECOMMENDATION DAVID J. NOVAK , Magistrate Judge . On July 9, 2012, James Williams ("Plaintiff") applied for Social Security Disability Benefits ("DIB") and Supplemental Security Income ("SSI") under the Social Security Act ("Act"), alleging disability from a back injury and breathing problems, with an alleged onset date of May 21, 2012. The Social Security Administration ("SSA") denied Plaintiff's claims both initially and upon reconsideration. Thereafter, an Administrative Law...
MEMORANDUM OPINION AND ORDER GERALD BRUCE LEE , District Judge . THIS MATTER is before the Court on Defendant Loretta E. Lynch, Attorney General of the United States' Motion to Dismiss, or in the alternative, Motion for Summary Judgment (Docs. 6, 7, 8). This case concerns Plaintiff Sukcha Tharp's civil action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., for claims of discrimination, hostile...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE RODERICK C. YOUNG , Magistrate Judge . This matter is before the Court pursuant to Title 28 U.S.C. 636(b)(1)(B) and (b)(3) upon the Defendant's request to enter a plea of guilty pursuant to Fed. R. Crim. P. 11 and a written plea agreement that has been entered into by the United States and the Defendant. The matter was presented to the Court upon the written consent of the Defendant and counsel for the Defendant to proceed before a United...
REPORT AND RECOMMENDATION LAWRENCE R. LEONARD , Magistrate Judge . This matter is before the Court on Plaintiff Branscome Eastern Shore's ("Branscome") Motion to Enforce Settlement Agreement filed on September 17, 2015. ECF No. 24. This matter was referred to the undersigned United States Magistrate Judge pursuant to a Referral Order from the Chief United States District Judge. ECF No. 36; see also 28 U.S.C. 636(b)(1)(B); Fed. R. Civ. P. 72(b); E.D. Va. Local Civ. R. 72. For the...
FINAL ORDER JOHN A. GIBNEY, Jr. , District Judge . In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that: 1. The Report and Recommendation is ACCEPTED and ADOPTED; 2. Respondent's Motion to Dismiss (ECF No. 7) is GRANTED; and, 3. The action is DISMISSED FOR LACK OF JURISDICTION. Should Burton desire to appeal, a written notice of appeal must be filed with the Clerk of the Court within sixty (60) days of the date of entry hereof. Failure to file a notice of...
MEMORANDUM OPINION T.S. ELLIS, III , District Judge . In this patent infringement suit, plaintiff TomTom, Inc., seeks a declaration (i) that TomTom's products do not infringe defendant Dr. Michael Adolph's ("Dr. Adolph") U.S. Patent No. 6,356,836 ("the '836 patent") or, in the alternative, (ii) that the claims of the '836 patent are invalid. Dr. Adolph opposes TomTom, Inc.'s request for a declaration of non-infringement or invalidity and counterclaims for infringement and willful...
MEMORANDUM OPINION RODERICK C. YOUNG , District Judge . Vonya Cataulin, a former Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. 2254 (hereinafter, " 2254 Petition," ECF No. 1) challenging her conviction in the Circuit Court of the City of Norfolk, Virginia (hereinafter, "Circuit Court"). Respondent moves to dismiss on the ground that the one-year statute of limitations governing federal habeas petitions bars the 2254 Petition. Cataulin has...
ORDER ROBERT E. PAYNE , Senior District Judge . This matter is before the Court for consideration of a report and recommendation by the Magistrate Judge regarding the Magistrate Judge's acceptance of the Defendant's plea of guilty to the specified charge in the pending matter pursuant to a Fed. R. Crim. P. 11 proceeding conducted by the Magistrate Judge with the consent of the Defendant and counsel. It appearing that the Magistrate Judge made full inquiry and findings pursuant to Rule 11;...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE RODERICK C. YOUNG , Magistrate Judge . This matter is before the Court pursuant to Title 28 U.S.C. 636(b)(1)(B) and (b)(3) upon the Defendant's request to enter a plea of guilty pursuant to Fed. R. Crim. P. 11 and a written plea agreement that has been entered into by the United States and the Defendant. The matter was presented to the Court upon the written consent of the Defendant and counsel for the Defendant to proceed before a United...
