ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BARBARA J. ROTHSTEIN , District Judge . On April 2, 2014, Plaintiff BofI Federal Bank ("BofI") brought this diversity action against Defendant Advance Funding, LLC ("Advance"). Plaintiff's claims were dismissed by the Court in two orders issued on April 28, 2015, and August 20, 2015. As part of the lawsuit Defendant Advance brought a counterclaim against BofI asserting that BofI tortiously interfered with Advance's business...
ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS JAMES L. ROBART , District Judge The Court, having reviewed plaintiff's complaint, plaintiff's motion to dismiss this action, defendant's response thereto, the Report and Recommendation of the Honorable James P. Donohue, United States Magistrate Judge, and the remaining record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation. (2) Plaintiff's motion to voluntarily dismiss this action (Dkt. 12) is GRANTED in...
DETENTION ORDER JAMES P. DONOHUE , Magistrate Judge . Offenses charged : Count 1: Receipt of Child Pornography Count 2: Possession of Child Pornography Date of Detention Hearing : December 31, 2015 The Court, having conducted a detention hearing pursuant to 18 U.S.C. 3142(f), and based upon the factual findings and statement of reasons for detention hereafter set forth, finds: FINDINGS OF FACT AND STATEMENT OF REASONS FOR DETENTION 1. Pursuant to 18 U.S.C. 3142(e), there is a...
ORDER FOR ATTORNEY'S FEES PURSUANT TO 42 U.S.C. 406(b) ROBERT J. BRYAN , District Judge . THIS MATTER having come on regularly before the undersigned upon Plaintiff's Motion For Attorney's Fees Pursuant to 42 U.S.C. 406(b), the Court having considered the contentions of Plaintiff and Defendant, good cause having been shown for entry of the Order, now therefore, it is hereby ORDERED that Plaintiff's attorney Elie Halpern is awarded a gross attorney's fee of $11,868.74 pursuant to 42 U....
ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS ROBERT J. BRYAN , District Judge . The Court GRANTS plaintiff's in forma pauperis application, Dkt. 1, and ORDERS : (1) Plaintiff shall be issued summonses. (2) Plaintiff is responsible for serving the complaint and summonses, and must file proof of service as required by Rule 4 of the Federal Rules of Civil Procedure. Plaintiff may effectuate service electronically as detailed in General Orders 04-15 and 05-15, by sending a...
ORDER ADOPTING REPORT AND RECOMMENDATION (PROPOSED). MARSHA J. PECHMAN , District Judge . The Court, having reviewed the Report and Recommendation of Judge J. Richard Creatura, United States Magistrate Judge, and the relevant record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation. (2) The matter is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. 405(g) to the Commissioner for further consideration consistent with the Report and...
REPORT AND RECOMMENDATION ON PLAINTIFF'S COMPLAINT J. RICHARD CREATURA , Magistrate Judge . This matter has been referred to United States Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. 636(b)(1) and Local Magistrate Judge Rule MJR 4(a)(4), and as authorized by Mathews, Secretary of H.E.W. v. Weber, 423 U.S. 261 , 271-72 (1976). This matter has been fully briefed ( see Dkt. 14, 15, 16). After considering and reviewing the record, the Court agrees with the Commissioner...
DETENTION ORDER JOHN L. WEINBERG , Magistrate Judge . Offenses charged: Defendant is charged in three of the four counts of the complaint: 1. Conspiracy to Distribute Cocaine, 500+ grams. Potential imprisonment: 5 years minimum, 40 years maximum 2. Possession of cocaine with intent to Distribute, 500+ grams. Potential imprisonment: 5 years minimum, 40 years maximum 3. Possession of a firearm in furtherance of a drug trafficking offense. Potential imprisonment: 5 years minimum; maximum...
DETENTION ORDER JOHN L. WEINBERG , Magistrate Judge . Offenses charged: Defendant is charged in two of the four counts of the complaint: 1. Conspiracy to Distribute Cocaine, 500+ grams. Potential imprisonment: 5 years minimum, 40 years maximum 2. Possession of cocaine with intent to Distribute, 500+ grams. Potential imprisonment: 5 years minimum, 40 years maximum Date of Detention Hearing: December 23, 2015. The Court, having conducted a detention hearing pursuant to 18 U.S.C....
ORDER OF DISMISSAL JAMES L. ROBART , District Judge . The Court, having reviewed the Report and Recommendation of the Honorable James P. Donohue, United States Magistrate Judge, any objections or responses to that, and the remaining record, finds and Orders as follows: 1. The Court ADOPTS the Report and Recommendation. 2. Respondent's motion to dismiss, Dkt. 10, is GRANTED. 3. Petitioner's habeas petition, Dkt. 7, is DENIED, and this action is DISMISSED with prejudice. 4. The Clerk...
Continuing Garnishee Order BENJAMIN H. SETTLE , District Judge . A Writ of Continuing Garnishment directed to Garnishee, Petco Corporate Office Headquarters HQ/Petco Animal Supplies Stores, Inc., has been duly issued and served upon the Garnishee. Pursuant to the Writ, Garnishee Petco Corporate Office Headquarters HQ/Petco Animal Supplies Stores, Inc., filed an Amended Answer on September 29, 2015, stating that at the time of the service of the Writ, Defendant/Judgment Debtor James K....
REPORT AND RECOMMENDATION JAMES P. DONOHUE , Chief Magistrate Judge . Plaintiff Kimberly J. Cook appeals the final decision of the Commissioner of the Social Security Administration ("Commissioner") that denied her application for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401-33, after a hearing before an administrative law judge ("ALJ"). For the reasons set forth below, the Court recommends that the Commissioner's decision be REVERSED...
REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA , Magistrate Judge . Stephanie R. Keen seeks review of the denial of her Supplemental Security Income and Disability Insurance Benefits applications. She contends the ALJ erred by finding her not fully credible and improperly weighing the medical evidence, thereby leading to an invalid assessment of her residual functional capacity and an erroneous finding that she was not disabled; she seeks a remand for an award of benefits. Dkt. 19. For the...
REPORT AND RECOMMENDATION ON PLAINTIFF'S COMPLAINT DAVID W. CHRISTEL , Magistrate Judge . The District Court has referred this action, filed pursuant to 42 U.S.C. 405(g), to United States Magistrate Judge David W. Christel. Plaintiff filed this matter seeking judicial review of Defendant's denial of her application for supplemental security income ("SSI") benefits. After considering the record, the Court concludes the ALJ erred when she failed to discuss significant and probative...
[Proposed] JUDGMENT ON ANSWER OF GARNISHEE CORTINAS PAINTING AND RESTORATION, INC. AND ORDER TO PAY (Steven Ray Freemire) BENJAMIN H. SETTLE , District Judge . I. JUDGMENT SUMMARY Judgment Creditors: Employee Painters' Trust Health & Welfare Fund; Western Washington Painters Defined Contribution Pension Trust; District Council No. 5 Apprenticeship and Training Trust Fund; Western Washington Painters Labor Management Cooperation Trust; International Union of...
DETENTION ORDER DEAN BRETT , Magistrate Judge . THE COURT, having conducted a detention hearing pursuant to 18 U.S.C. 3142, finds that no condition or combination of conditions which defendant can meet will reasonably assure the appearance of the defendant as required and/or the safety of any other person and the community. This finding is based on 1) the nature and circumstances of the offense(s) charged, including whether the offense is a crime of violence or involves a narcotic drug;...
ORDER JAMES L. ROBART , United States District Judge . I. INTRODUCTION This matter comes before the court on four dispositive motions and two discovery motions. Plaintiffs The Institute of Cetacean Research ("the Institute"), Kyodo Senpaku Kaisha, Ltd., and Tomoyuki Ogawa (collectively, "Plaintiffs") 1 move to dismiss all six of Defendants Sea Shepherd Conservation Society ("SSCS") and Paul Watson's (collectively, "Defendants") counterclaims. ( See MTD (Dkt. # 255); MTD Resp. (Dkt. #...
REPORT AND RECOMMENDATION JAMES P. DONOHUE , Chief Magistrate Judge . Plaintiff Carolyn S. Long appeals the final decision of the Commissioner of the Social Security Administration ("Commissioner") that denied her application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act, 42 U.S.C. 1381-83f, after a hearing before an administrative law judge ("ALJ"). For the reasons set forth below, the Court recommends that the Commissioner's decision be REVERSED...
ORDER DENYING PETITIONER'S HABEAS PETITION WITH PREJUDICE JAMES L. ROBART , District Judge . The Court, having reviewed petitioner's petition for writ of habeas corpus, respondent's answer thereto, the Report and Recommendation of Mary Alice Theiler, United States Magistrate Judge, and the remaining record, does hereby find and Order: (1) The Court adopts the Report and Recommendation; (2) Petitioner's habeas petition and this action are DISMISSED, with prejudice; (3) Petitioner is...
ORDER REVERSING DEFENDANT'S DECISION TO DENY BENEFITS AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS JAMES L. ROBART , District Judge . The Court, having reviewed Plaintiff's Complaint, the Report and Recommendation of Judge David W. Christel, United States Magistrate Judge, and objections to the report and recommendation, if any, and the remaining record, does hereby find and ORDER: (1) the Court adopts the Report and Recommendation; (2) the ALJ erred in his decision as described...
