REPORT & RECOMMENDATION THERESA CARROLL BUCHANAN , Magistrate Judge . THIS MATTER comes before the Court on Plaintiff's Motion for Summary Judgment (Dkt. 12) and Defendant's Motion for Summary Judgment (Dkt. 14.) Han Luu Thi Garcia ("plaintiff" or "claimant") seeks judicial review of the final decision of the Commissioner of Social Security ("defendant") denying plaintiff's claim for disability insurance benefits under Title II of the Social Security Act ("the Act"), 42 U.S.C. 401-34....
REPORT AND RECOMMENDATION IVAN D. DAVIS , Magistrate Judge . This matter is before the Court on Plaintiff's Motion for Default Judgment against Defendant Robert Steven Richardson ("Defendant") pursuant to Federal Rule of Civil Procedure 55(b)(2). (Dkt. No. 8.) After neither Defendant nor a licensed attorney for Defendant appeared at the hearing on September 2, 2016, the undersigned Magistrate Judge took this matter under advisement to issue this Report and Recommendation. Upon...
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 . Before the Court is Defendant CFRA, LLC's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and accompanying memorandum. ECF Nos. 10-11. Plaintiff Brett N. Coe filed a Response in Opposition, ECF No. 12, and Defendant filed a Reply to Plaintiff's Response. ECF No. 13. This matter was referred to the undersigned United States Magistrate Judge for a report and recommendation pursuant to a Referral Order...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE DAVID J. NOVAK , Magistrate Judge . This matter is before tiie 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 an oral recitation and the statement of facts that have been agreed upon 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...
MEMORANDUM OPINION AND ORDER GERALD BRUCE LEE , District Judge . THIS MATTER is before the Court on Defendants The Select Group, LLC, Kimberly Barber, and Cisco Systems, Inc.'s (collectively, "Defendants") Motion to Dismiss (Dkt. No. 6). This case concerns pro se Plaintiff Elaine Kassin's ("Plaintiff") Complaint alleging that Defendants breached an employment contract, engaged in negligence, and engaged in fraud in connection with The Select Group recruiting Plaintiff to work on a...
MEMORANDUM OPINION T.S. Ellis, III , United States District Judge . At issue on a threshold partial dismissal motion in this transferred breach-of-contract and related tort and unjust enrichment case is whether a contractual choice-of-law provision that selects Virginia law to govern and construe the contract's conditions also covers tort and unjust enrichment claims related to the contract and contract performance. Defendants contend that Virginia law governs not only plaintiff's breach-...
MEMORANDUM OPINION GERALD BRUCE LEE , District Judge . THIS MATTER comes before the Court upon review of defendant's Motion to Dismiss and Motion for Partial Summary Judgment. Windsor W. Kessler, III, a federal inmate proceeding pro se , filed a civil rights action, pursuant to the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. ("FTCA"), alleging that the only remaining defendant in this case, the United States of America, is liable for negligently providing inadequate medical care...
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...
MEMORANDUM OPINION M. HANNAH LAUCK , District Judge . This matter comes before the Court on two motions filed by Defendant TransUnion, LLC ("TransUnion"): (1) TransUnion's Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) 1 and 12(f) 2 (the "Motion to Dismiss"), (ECF No. 52); and, (2) TransUnion's Motion Requesting Judicial Notice of Exhibits A Through H (the "Motion Requesting Judicial Notice"), (ECF No. 54). Carolyn Clark, on behalf of herself and all similarly...
REPORT AND RECOMMENDATION DAVID J. NOVAK District Judge . On July 12, 2010, Frances Vanessa Kinchen ("Plaintiff") applied for Social Security Disability Benefits ("DIB"), alleging disability from severe hypertension, depression and bipolar disorder, with an alleged onset date of April 14, 2009. The Social Security Administration ("SSA") denied Plaintiffs claims both initially and upon reconsideration. Thereafter, an Administrative Law Judge ("ALJ") denied Plaintiffs claims in a written...
MEMORANDUM OPINION T. S. ELLIS, III , District Judge . This insurance coverage dispute arises from property damage caused by a fire that occurred during a construction project at Building 207 at Fort Belvoir, Virginia (the "Fort Belvoir project"). 1 The damage stemmed from roofing activities by a subcontractor, defendant Y&J Construction, Inc. ("Y&J"), that involved the use of torches in the installation of the roof. The general contractor's insurer, defendant Pennsylvania National...
MEMORANDUM OPINION M. HANNAH LAUCK , District Judge . This matter comes before the Court on two motions: (1) the Motion for Discovery for Leave to Serve Third Party Subpoenas (the "Motion for Discovery") filed by CELL Film Holdings, LLC ("CELL"), (ECF No. 2); and, (2) the First Motion to Extend Time Pursuant to Federal Rule of Civil Procedure 4(m) (the "Motion to Extend") filed by CELL, (ECF No. 6). The Court exercises jurisdiction pursuant to 28 U.S.C. 1338(a). 1 The Court dispenses...
MEMORANDUM OPINION M. HANNAH LAUCK , District Judge . This matter comes before the Court on two motions: (1) the Motion for Discovery for Leave to Serve Third Party Subpoenas (the "Motion for Discovery") filed by CELL Film Holdings, LLC ("CELL"), (ECF No. 2); and, (2) the First Motion to Extend Time Pursuant to Federal Rule of Civil Procedure 4(m) (the "Motion to Extend") filed by CELL, (ECF No. 6). The Court exercises jurisdiction pursuant to 28 U.S.C. 1338(a). 1 The Court dispenses...
MEMORANDUM OPINION M. HANNAH LAUCK , District Judge . This matter comes before the Court on what amounts to two motions: (1) pro se Defendant Montgomery B. Sibley's "Opposition to Motion to Remand and Motion for Jurisdictional Discovery" (Sibley's "First Motion for Jurisdictional Discovery"), 1 (ECF No. 15); and, (2) Plaintiffs CarMax Auto Superstores. Inc. and Carmax, Inc.'s (collectively, "CarMax") Second Motion to Remand, (ECF No. 17). CarMax responded to the First Motion for...
MEMORANDUM OPINION JOHN A. GIBNEY, Jr. , District Judge . By Memorandum Order entered on October 31, 2016, the Court granted Petitioner relief on the claim of police misconduct discussed in the Limited Rule 5 Answer. The Court stated that that the writ of habeas corpus will issue unless the Commonwealth of Virginia commences the retrial or Petitioner within sixty (60) days of the date of entry thereof. At a hearing held on December 14, 2016, in the Circuit Court or the City of Norfolk ("...
REPORT AND RECOMMENDATION THERESA CARROLL BUCHANAN , Magistrate Judge . This matter comes before the Court on plaintiffs' Motion for Default Judgment. (Dkt. 11.) After a representative for defendants failed to respond to plaintiffs' Motion or to appear at the hearing before the undersigned Magistrate Judge on October 28, 2016, the undersigned took plaintiff's Motion under advisement. 1 I. INTRODUCTION A. Background Plaintiff NFX is a California limited liability company having its...
MEMORANDUM OPINION AND ORDER GERALD BRUCE LEE , District Judge . THIS MATTER is before the Court on Defendant The City of Alexandria's (the "City") Motion to Dismiss (Dkt. No. 12). This case concerns Plaintiff Victor Robinson's Complaint alleging that his former employer, the Alexandria Health Department (the "Health Department"), terminated him based on his disability in violation of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12101 et seq. The first issue before...
MEMORANDUM OPINION AND ORDER GERALD BRUCE LEE , District Judge . THIS MATTER is before the Court on the parties' cross-motions for summary judgment. Dkt. 6 ("Pltf. Motion"); Dkt. 11 ("Def. Motion"). This case involves an Administrative Procedure Act ("APA") review of the Board of Immigration Appeals ("BIA") decision to dismiss Plaintiff's appeal of an Immigration Judge's order denying Plaintiff's Motion to Terminate Rescission Proceedings under Section 246 of the Immigration and...
MEMORANDUM OPINION AND ORDER GERALD BRUCE LEE , District Judge . THIS MATTER is before the Court on Defendant Comcast Corporation, Inc.'s Bill of Costs (Doc. No. 224) and Plaintiff Darlene J. Davis's Opposition thereto (Doc. No. 232). This case concerns Plaintiff's employment discrimination and Equal Pay Act claims against her former employer, to which this Court granted Defendant's Motion for Summary Judgment (Doc. No. 221) and entered final judgment in favor of Defendant (Doc. No. 222)....
