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U.S. District Courts - District of Columbia
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FRIENDS OF ANIMALS, Plaintiff, v. Ken SALAZAR, Secretary of the Interior, et al., Defendants. , D.D.C., November 20, 2009
Michael R. Harris, Environmental Law Clinic, University of Denver-Law, Denver, CO, for Plaintiff. Bradley Howard Oliphant, U.S. Department of Justice, Washington, DC, for Defendants. MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. On April 16, 2009, the non-profit animal advocacy group Friends of Animals ("FOA") filed a Complaint against Ken Salazar, Secretary of the Interior; Sam D. Hamilton, [FN1] Director of the U.S. Fish and Wildlife Service; and the U.S. Fish and Wildlife Se...
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Marco Antonio GALLO-RODRIGUEZ, Plaintiff, v. SUPREME COURT OF the UNITED STATES, et al., Defendants. , D.D.C., November 19, 2009
MEMORANDUM OPINION RICHARD W. ROBERTS, District Judge. Pro se plaintiff Marco Gallo-Rodriguez has sued the Supreme Court of the United States, the United States Courts of Appeals for the Fifth and Eleventh Circuits, and the United States District Courts for the Southern District of Florida and the Eastern District of Texas, alleging that these courts have "refused to hear plaintiff's underlying constitutional claims that were brought to their attention through a habeas corpus petition." (Comp...
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Wildearth GUARDIANS, Plaintiff, v. Ken SALAZAR, Secretary of the Interior, Defendant. , D.D.C., November 19, 2009
Robert Steven Ukeiley, Berea, KY, James J. Tutchton, Wildearth Guardians, Denver, CO, for Plaintiff. Kevin W. McArdle, U.S. Department of Justice, Washington, DC, for Defendant. MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. Plaintiff, WildEarth Guardians, has brought suit against Defendant, Ken Salazar, Secretary of the Interior (the "Secretary"), [FN1] challenging the denial of two petitions submitted by Plaintiff, each of which sought increased federal protection for the U...
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THE CUNEO LAW GROUP, P.C., and Jonathan W. Cuneo, Plaintiffs, v. Joel D. JOSEPH, Defendant. , D.D.C., November 19, 2009
David Wallace Stanley, Jonathan Watson Cuneo, William H. Anderson, Cuneo Gilbert & Laduca, LLP, Jacob A. Stein, Stein, Mitchell & Mezines, LLP, Washington, DC, for Plaintiffs. Joel David Joseph, Law Offices of Joel D. Joseph, Santa Monica, CA, for Defendant. Memorandum Opinion REGGIE B. WALTON, District Judge. The Cuneo Law Group and Jonathan Cuneo ("the plaintiffs") initiated this action for a declaratory judgment against Joel Joseph ("the defendant") for the alleged material breach of ...
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Darlene DAVID, et al., Plaintiffs, v. DISTRICT OF COLUMBIA, et al., Defendants. , D.D.C., November 19, 2009
Gregory L. Lattimer, Law Offices of Gregory L. Lattimer, PLLC, Washington, DC, for Plaintiffs. Theresa Ann Rowell, Melvin W. Bolden, Jr., Theresa Ann Rowell, Office of the Attorney General, Nicholas S. McConnell, Jackson & Campbell, PC, Washington, DC, for Defendants. MEMORANDUM OPINION RICHARD W. ROBERTS, District Judge. A jury awarded plaintiff Darlene David $2,000 in compensatory damages against the District of Columbia ("District"), $30,000 in compensatory damages against the Childre...
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Odelia ABECASSIS, et al., Plaintiffs, v. Oscar S. WYATT, Jr., et al., Defendants. , D.D.C., November 19, 2009
Michael Joseph Miller, The Miller Firm, LLC, Orange, VA, for Plaintiffs. Stephen Winston Grafman, Sharp & Associates, Stephen M. McNabb, Caroline M. Mew, Fulbright & Jaworski, L.L.P., Washington, DC, Carl A. Parker, Port Arthur, TX, Don C. Nelson, Nelson Law Firm, Anne Rodgers, Fulbright & Jaworski, David S. Toy, Francis I. Spagnoletti, Spagnoletti & Co., Houston, TX, for Defendants. MEMORANDUM OPINION AND ORDER HENRY H. KENNEDY, JR., District Judge. Plaintiffs are victims and family me...
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CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, Plaintiff, v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, Defendant. , D.D.C., November 19, 2009
MEMORANDUM OPINION RICHARD W. ROBERTS, District Judge. Plaintiff Citizens for Responsibility and Ethics in Washington ("CREW") filed a complaint under the Freedom of Information Act, 5 U.S.C. § 552 ("FOIA"), alleging that the Board of Governors of the Federal Reserve System ("the Board") wrongfully failed to produce any agency records that the plaintiff requested. The Board has moved under Federal Rule of Civil Procedure 12(b)(6) to dismiss the complaint for failure to state a claim. Because ...
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INTREPID POTASH-NEW MEXICO, LLC, Plaintiff, v. UNITED STATES DEPARTMENT OF the INTERIOR, et al., Defendants. , D.D.C., November 18, 2009
Audrey Elaine Moog, Hogan & Hartson LLP, Washington, DC, Linnea Brown, Robert Tuchman, Holme Roberts & Owen LLP, Denver, CO, for Plaintiff. Gregory D. Page, U.S. Department of Justice, Washington, DC, for Defendants. MEMORANDUM OPINION AND ORDER RICHARD W. ROBERTS, District Judge. Intrepid Potash-New Mexico, LLC brings claims under the Administrative Procedure Act ("APA"), 5 U.S.C. § 701 et seq., against the United States Department of Interior ("DOI"), the DOI Secretary in his official...
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FRIENDSHIP EDISON PUBLIC CHARTER SCHOOL COLLEGIATE CAMPUS, Plaintiff, v. Kendall NESBITT, Defendant. , D.D.C., November 18, 2009
Paul S. Dalton, Dalton, Dalton & Houston, P.C., Alexandria, VA, for Plaintiff. Jude Chinedu Iweanoge, The Iweanoges' Firm, P.C., Washington, DC, for Defendant. MEMORANDUM OPINION JOHN M. FACCIOLA, United States Magistrate Judge. Now pending before the Court is Defendant's Response to Order to Show Cause [# 34] ("Resp."), and plaintiff's opposition thereto [# 36] ("Opp."). Background The facts and procedural history of this case are further set out in this Court's previous opinions. See...
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SWISH MARKETING, INC., et al., Plaintiffs, v. FEDERAL TRADE COMMISSION, Defendant. , D.D.C., November 17, 2009
Michael Lawrence Mallow, Michael A. Thurman, Loeb & Loeb, LLP, Los Angeles, CA, Michael B. Shortnacy, Loeb & Loeb, LLP, New York, NY, Anne Price Fortney, Hudson Cook, LLP, Washington, DC, Linda L. Northrup, Northrup Schlueter, Westlake Village, CA, for Plaintiffs. Christopher Blake Harwood, U.S. Attorney's Office, Washington, DC, for Defendant. MEMORANDUM OPINION JOHN D. BATES, District Judge. Swish Marketing, Inc. is an internet marketing firm that operates websites which advertise fina...
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Yvonne TORRENCE, Plaintiff, v. DISTRICT OF COLUMBIA, et al., Defendants. , D.D.C., November 17, 2009
Douglas Tyrka, Tyrka & Associates, LLC, Washington, DC, for Plaintiff. Veronica A. Porter, Office of Attorney General for the District of Columbia, Washington, DC, for Defendants. MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. Yvonne Torrence sues the District of Columbia and D.C. Public Schools (DCPS) seeking a declaration that DCPS discriminated against her child, C.H., in violation of § 504 of the Rehabilitation Act ("Rehab Act"), 29 U.S.C. § 794, and requesting relief under...
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Daniel M. PERRY, Plaintiff, v. UNITED STATES DEPARTMENT OF STATE, Defendant. , D.D.C., November 17, 2009
Daniel M. Perry, Binghamton, NY, pro se. Robin Michelle Meriweather, Assistant United States Attorney, Washington, DC, for Defendant. MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. Daniel M. Perry, proceeding pro se, sues his former employer, the United States Department of State, for disability discrimination and retaliation under the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq. Mr. Perry argues that "in late 2005 and early 2006," he was subjected to unlawful harassment ...
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Qian Ibrahim ZHAO, Plaintiff, v. UNKNOWN CIA AGENT, et al., Defendants. , D.D.C., November 16, 2009
MEMORANDUM OPINION RICARDO M. URBINA, District Judge. This matter is before the Court on plaintiff's application to proceed in forma pauperis and pro se complaint. The application will be granted and the complaint will be dismissed. Plaintiff alleges that, in 2004 in the District of Columbia, an unidentified agent of the Central Intelligence Agency ("CIA") arrested him, searched his person and property, falsely imprisoned him, and seized his passport, among other property. Further, plainti...
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UNITED STATES of America v. Paul A. SLOUGH et al., Defendants. , D.D.C., November 16, 2009
Barry Jonas, Joseph Nicholas Kaster, U.S. Deparment of Justice, Jonathan Martin Malis, Kenneth Clair Kohl, U.S. Attorney's Office, Washington, DC, for Plaintiff. David Schertler, Danny C. Onorato, Veronica Renzi Jennings, Schertler & Onorato, L.L.P., Washington, DC, for Defendants. MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART THE DEFENDANTS' MOTION FOR AN ORDER REQUIRING SECURITY MEASURES FOR THE DEFENSE TEAM'S PRETRIAL INVESTIGATION IN IRAQ RICARDO M. URBINA, District Judge...
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Roy Steve DAVIS, Plaintiff, v. Michael MUKASEY, et al., Defendants. , D.D.C., November 16, 2009
Roy Steve Davis, Inez, KY, pro se. Kenneth Adebonojo, U.S. Attorney's Office, Washington, DC, for Defendants. MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. Plaintiff Roy Steve Davis, a prisoner incarcerated under federal sentence, filed an amended pro se complaint under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), naming as defendants the former United States Attorney General Michael Mukasey, the Federal Bureau of Prisons ("BOP"...
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Wayne B. UPSHAW, Plaintiff, v. UNITED STATES of America, Defendant. , D.D.C., November 16, 2009
Wayne B. Upshaw, Potomac Falls, VA, pro se. Robin M. Fields, U.S. Attorney's Office, Washington, DC, for Defendant. MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. Plaintiff, Wayne B. Upshaw, a former employee of the Library of Congress ("Library"), has filed suit alleging that three former co-workers made defamatory statements about him during the course of an Equal Employment Opportunity ("EEO") investigation into charges of discrimination. Plaintiff, representing himself pr...
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Thyra LOWE, Plaintiff, v. DISTRICT OF COLUMBIA, et al., Defendants. , D.D.C., November 15, 2009
MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. Plaintiff Thyra Lowe brought this action alleging that she was unlawfully terminated by the District of Columbia Department of Health ("DOH") in retaliation for, among other things, speaking out about her supervisors' alleged misconduct and sex discrimination in the workplace. The case was removed to this Court from the Superior Court for the District of Columbia. Plaintiff's Second Amended Complaint alleges claims under the D.C. Whis...
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Robert WILLIAMS, et al., Plaintiffs, v. Thomas J. VILSACK, et al., Defendants. , D.D.C., November 15, 2009
Donna Williams Rucker, Joseph D. Gebhardt, Gebhardt & Associates, LLP, Washington, DC, for Plaintiffs. Paul A. Dean, U.S. Department of Justice, Washington, DC, for Defendants. MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. Before the Court is Defendants' Motion to Strike the Plaintiffs' Amended Notice of Appeal. For the reasons explained below, the Court shall GRANT the motion and STRIKE the notice of appeal filed in this Court on October 8, 2009. [FN1] FN1. Although a time...
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Elizabeth D. PORTER, Plaintiff, v. Lisa P. JACKSON, Administrator, Environmental Protection Agency, Defendant. [FN1]FN1. The Court has substituted EPA Administrator Lisa Jackson as the defendant for former Administrator Michael O. Leavitt pursuan, D.D.C., November 13, 2009
Bruce J. Terris, Terris, Pravlik & Millian, LLP, Washington, DC, for Plaintiff. Jeremy S. Simon, Judith A. Kidwell, U.S. Attorney's Office for the District of Columbia, Washington, DC, for Defendant. OPINION PAUL L. FRIEDMAN, District Judge. This matter is before the Court on defendant's motion for summary judgment. Plaintiff was formerly employed at the Environmental Protection Agency. She brought this action alleging that EPA discriminated against her on the basis of her disability and he...
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Judith A. MANSFIELD, Plaintiff, v. James H. BILLINGTON, Librarian of Congress, Library of Congress, Defendant. , D.D.C., November 12, 2009
Bruce Allan Fredrickson, Webster, Fredrickson Correia & Puth, PLLC, Washington, DC, for Plaintiff. Jane M. Lyons, Christopher Blake Harwood, United States Attorney's Office, Washington, DC, for Defendant. MEMORANDUM OPINION GRANTING THE PLAINTIFF'S MOTION FOR RELIEF UPON RECONSIDERATION RICARDO M. URBINA, District Judge. I. INTRODUCTION The plaintiff, an employee at the Library of Congress, originally brought this action alleging gender discrimination under Title VII of the Civil Righ...
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Francis Emmanuel Perez MATEO, Plaintiff, v. SINCLAIR et al., Defendants. , D.D.C., November 12, 2009
Francis Emmanuel Perez Mateo, Philipsburg, PA, pro se. MEMORANDUM OPINION JOHN D. BATES, District Judge. The plaintiff, a prisoner proceeding in forma pauperis, has filed a pro se complaint pursuant to 42 U.S.C. § 1983 against the District of Columbia Jail's warden and two other employees. He alleges that he suffered great emotional distress because he was placed in a cell with another inmate with whom he had "serious conflicts." Compl. ¶ 7. Because his request to be separated from the othe...
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David Jovon McDONALD, Petitioner, v. Barack H. OBAMA, et al., Respondents. , D.D.C., November 12, 2009
David Jovon McDonald, White Deer, PA, pro se. Margaret J. Chriss, U.S. Attorney's Office, Washington, DC, for Respondents. MEMORANDUM OPINION AND ORDER PAUL L. FRIEDMAN, District Judge. David Jovon McDonald, who is proceeding pro se, filed a petition for a writ of habeas corpus seeking a longer period of community confinement and home confinement than respondents have indicated he will receive. Respondents have moved to transfer the habeas petition to the United States District Court for...
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UNITED STATES of America, v. James Thomas DUNN, Jr., Defendant. , D.D.C., November 12, 2009
John Michael Facciola, U.S. Attorney's Office, Washington, DC, for United States of America. MEMORANDUM ROYCE C. LAMBERTH, Chief Judge. I. INTRODUCTION Defendant James Dunn's motion under 18 U.S.C. § 3582(c)(2) to reduce his sentence based on amendments to the United States Sentencing Guidelines is before this Court. Upon consideration of the motion, the Government's Response to the motion, applicable law, and the entire record herein, the motion will be GRANTED IN PART. II. FACTUAL AND ...
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Richard G. CONVERTINO, Plaintiff, v. UNITED STATES DEPARTMENT OF JUSTICE, et al., Defendant. , D.D.C., November 12, 2009
Stephen M. Kohn, David K. Colapinto, Kohn, Kohn & Colapinto, P.C., Eric D. Snyder, National Whistleblowers Legal Defense and Education Fund, Washington, DC, for Plaintiff. Scott Risner, Jeffrey Michael Smith, Jonathan Eli Zimmerman, U.S. Department of Justice, Washington, DC, for Defendant. MEMORANDUM OPINION ROYCE C. LAMBERTH, Chief Judge. This matter comes before the Court on the plaintiff's Cross-Motion [128] for a Protective Order. Upon consideration of plaintiff's Cross-Motion for ...
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Richard G. CONVERTINO, Plaintiff, v. UNITED STATES DEPARTMENT OF JUSTICE, et al., Defendant. , D.D.C., November 12, 2009
Stephen M. Kohn, David K. Colapinto, Kohn, Kohn & Colapinto, P.C., Eric D. Snyder, National Whistleblowers Legal Defense and Education Fund, Washington, DC, for Plaintiff. Scott Risner, Jeffrey Michael Smith, Jonathan Eli Zimmerman, U.S. Department of Justice, Washington, DC, for Defendant. MEMORANDUM OPINION ROYCE C. LAMBERTH, District Judge. This matter comes before the Court on the plaintiff's Motion [116] to Compel Production from defendant. Upon consideration of the plaintiff's mot...
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Martha A. AKERS, Plaintiff, v. BEAL BANK et al., Defendants. , D.D.C., November 12, 2009
Martha A. Akers, Washington, DC, pro se. Joseph Francis Yenouskas, William W. Liles, Goodwin Procter, LLP, Washington, DC, for Defendants. MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART THE DEFENDANTS' MOTION TO DISMISS; GRANTING THE DEFENDANTS' MOTION TO STRIKE THE PLAINTIFF'S SUPPLEMENT TO THE COMPLAINT; DENYING THE PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION RICARDO M. URBINA, District Judge. I. INTRODUCTION This matter comes before the court on the defendants' motions...
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Eric TRIPP, Plaintiff, v. Michael ASTRUE, Commissioner, Social Security Administration, Defendant. , D.D.C., November 12, 2009
Eric Tripp, Washington, DC, pro se. Fred Elmore Haynes, U.S. Attorney's Office, Washington, DC, for Defendant. MEMORANDUM ORDER RICARDO M. URBINA, District Judge. DENYING THE DEFENDANT'S MOTION TO DISMISS The plaintiff, proceeding in forma pauperis and pro se, commenced this action seeking an order compelling the Social Security Administration ("SSA") to consider him for partial disability insurance benefits and, if warranted, award retroactive benefits. The matter is before the court ...
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Selena P. HUTCHINSON, Plaintiff, v. Eric HOLDER, Defendant. , D.D.C., November 12, 2009
Elaine Lynette Fitch, Kalijarvi, Chuzi & Newman, Washington, DC, for Plaintiff. Jeremy S. Simon, U.S. Attorney's Office, Washington, DC, for Defendant. MEMORANDUM OPINION ELLEN SEGAL HUVELLE, District Judge. Plaintiff Selena Hutchinson has sued defendant, the United States Department of Justice ("DOJ"), for discrimination and retaliation under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e- 2000e-17, and the Civil Rights Act of 1991 ("CRA"), 42 U.S.C. § 1981a...
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Martin F. WIESNER, Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION and Central Intelligence Agency, Defendants. , D.D.C., November 12, 2009
Martin Wiesner, Arlington, VA, pro se. Cindy S. Owens, John G. Interrante, U.S. Attorney's Office, Washington, DC, for Defendants. MEMORANDUM OPINION REGGIE B. WALTON, District Judge. Martin F. Wiesner, the pro se plaintiff in this civil lawsuit, seeks "the disclosure and release of agency records" allegedly withheld by the Federal Bureau of Investigation (the "FBI") and the Central Intelligence Agency (the "CIA" or "Agency") pursuant to the Freedom of Information Act, 5 U.S.C. § 552 (2...
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Roger HALL, et al., Plaintiffs, v. CENTRAL INTELLIGENCE AGENCY, Defendant. , D.D.C., November 12, 2009
John Harrison Clarke, Law Office John H. Clarke, James H. Lesar, Washington, DC, for Plaintiffs. David Cotter Rybicki, U.S. Attorney's Office, Washington, DC, for Defendant. MEMORANDUM OPINION AND ORDER HENRY H. KENNEDY, JR., District Judge. Plaintiffs Roger Hall, Studies Solutions Results, Inc., and Accuracy in Media ("AIM") filed this action against defendant Central Intelligence Agency ("CIA" or "Agency") under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 et seq., seeking r...
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Martin F. WIESNER, Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION and Central Intelligence Agency, Defendants. , D.D.C., November 12, 2009
Martin Wiesner, Arlington, VA, pro se. Cindy S. Owens, John G. Interrante, U.S. Attorney's Office--District of Columbia, Washington, DC, for Defendants. MEMORANDUM OPINION REGGIE B. WALTON, District Judge. Martin F. Wiesner, the pro se plaintiff in this civil lawsuit, seeks "the disclosure and release of agency records" allegedly withheld by the Federal Bureau of Investigation (the "FBI") and the Central Intelligence Agency (the "CIA" or "Agency") pursuant to the Freedom of Information ...
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UNITED STATES of America, ex. rel. Anthony HEAD, Plaintiff, v. The KANE COMPANY, et. al., Defendants. , D.D.C., November 12, 2009
Jay P. Holland, Brian J. Markovitz, Joseph, Greenwald & Laake, P.A., Greenbelt, MD, Laurie J. Weinstein, United States Attorney's Office, Washington, DC, for Plaintiff. Richard W. Beckler, John Charles Letteri, Howrey, LLP, Washington, DC, for Defendants. MEMORANDUM OPINION GLADYS KESSLER, District Judge. Relator Anthony Head ("Relator" or "Head") brings this qui tam suit under the False Claims Act, 31 U.S.C. §§ 3729 et seq. ("FCA"), on behalf of the United States against Defendant Kane ...
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Ibrahim Ahmed Mahmoud AL-QOSI, Petitioner, v. Barack OBAMA, et al., Respondents. , D.D.C., November 10, 2009
ORDER PAUL L. FRIEDMAN, District Judge. Upon consideration of the Joint Status Report submitted by the Parties, it is hereby: ORDERED that the Parties shall file a joint status report by December 7, 2009. ORDERED that the Parties shall file a proposed merits briefing schedule by January 15, 2010. SO ORDERED.
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Jim LEMON et al., Plaintiffs, v. The Honorable John McHUGH, Secretary of the Army et al., Defendants. , D.D.C., November 10, 2009
Jim Lemon, Vienna, VA, pro se. Robin Biser, Cascade, MD, pro se. Hope Madeline Babcock, Washington, DC, for Plaintiffs. Lanny James Acosta, Jr., U.S. Attorney's Office, Civil Division, Washington, DC, for Francis J. Harvey. Catherine Anne Bledsoe, Gordon, Feinblatt, Rothman, Hoffberger & Hollander Litigation, Baltimore, MD, for Pen Mar Development Corporation. David H. Bamberger, Cristen Sikes Rose, DLA Piper U.S. LLP, Washington, DC, for Corporate Office Properties Trust. MEMOR...
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UNITED STATES of America, Plaintiff, v. 8 GILCREASE LANE, Quincy, Florida 32351, et al., Defendants. , D.D.C., November 10, 2009
William Rakestraw Cowden, Barry Wiegand, Vasu B. Muthyala, U.S. Attorney's Office, Washington, DC, for Plaintiff. MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. Thomas A. Bowdoin, Jr., renews his motion to vacate an Order approving his release of claims, see Dkt. # 41, in this civil in rem forfeiture proceeding. Mr. Bowdoin seeks to restore his right to litigate his claim to the defendant properties, arguing that his prior counsel gave him bad advice and the Government tricked him ...
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Conchita McDOWELL-BONNER et al., Plaintiffs, v. DISTRICT OF COLUMBIA et al., Defendants. , D.D.C., November 10, 2009
Conchita McDowell-Bonner, Washington, DC, pro se. Ricky Bonner, Washington, DC, pro se. Conchita McDowell, Washington, DC, pro se. Elizabeth Ann Walker, Annapolis, MD, for Plaintiffs. Lucy E. Pittman, D.C. Office of the Attorney General, Philip Tucker Evans, Holland & Knight, LLP, Washington, DC, for Defendants. MEMORANDUM ORDER DENYING MOTION TO RECONSIDER REGGIE B. WALTON, District Judge. The complaint in this case was dismissed after the plaintiffs failed to defend against an...
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AL KHAIY v. OBAMA. , D.D.C., November 9, 2009
Brian Mendelsohn, Jeffrey L. Ertel, Whitman Matthew Dodge, Federal Defender Program, Inc., Atlanta, GA, for Al Khaiy. Scott Michael Marconda, Terry Marcus Henry, August Edward Flentje, James C. Luh, James J. Schwartz, Timothy Stilke Laffredi, U.S. Department of Justice, Andrew I. Warden, Federal Programs Branch, Washington, DC, for Obama. MEMORANDUM ORDER RICHARD J. LEON, District Judge. Petitioners Abbas Rumi, Ali Adel Motaleb Aweid Al Khaiy, and Ameur Mammar filed habeas petitions wit...
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RUMI v. OBAMA. , D.D.C., November 9, 2009
MEMORANDUM ORDER RICHARD J. LEON, District Judge. Petitioners Abbas Rumi, Ali Adel Motaleb Aweid Al Khaiy, and Ameur Mammar filed habeas petitions with this Court to contest their detention by the United States at Guantanamo Bay, Cuba. Since filing their petitions, however, all have been transferred out of Guantanamo Bay and do not remain in the United States' custody. [FN1] Therefore, their petitions are moot and no longer within the jurisdiction of the Court. See, e.g., Kiyemba v. Obama, 56...
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Edgar SEARCY, Plaintiff, v. UNITED STATES of America, et al., Defendants. , D.D.C., November 9, 2009
Edgar Searcy, Petersburg, VA, pro se. Andrea McBarnette, U.S. Attorney's Office, Washington, DC, for Defendants. MEMORANDUM OPINION JAMES ROBERTSON, District Judge. This matter is before the Court on the parties' cross-motions for summary judgment. For the reasons discussed below, summary judgment will be granted in favor of the United States. [FN1] FN1. Plaintiff concedes the dismissal of the Attorney General of the United States, the Federal Bureau of Prisons and its Director as party ...
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Kevin MYLES, Plaintiff, v. Steven POLIN, Defendant. , D.D.C., November 9, 2009
Kevin Myles, Suitland, MD, pro se. James T. Maloney, Maloney & Mohsen, PLLC, Washington, DC, Steven Polin, Law Office of Steven G. Polin, Washington, DC, for Defendant. MEMORANDUM OPINION JOHN D. BATES, District Judge. In this legal malpractice action filed pro se, plaintiff sues his former defense counsel based on the latter's representation during criminal proceedings in the Superior Court of the District of Columbia in 2004-05. Defendant moves for summary judgment under Rule 56 of the...
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Doshia Daniels BURTON, et al., Plaintiffs, v. UNITED STATES of America, Defendant. , D.D.C., November 9, 2009
Allen T. Eaton, III, The Eaton Law Firm, PLLC, Patrick A. Malone, Patrick Malone & Associates, Washington, DC, for Plaintiffs. Kathryn Ann Donnelly, Christian Alexander Natiello, Dan Dalrymple, U.S. Attorney's Office for the District of Columbia, Washington, DC, for Defendant. MEMORANDUM OPINION ROYCE C. LAMBERTH, Chief Judge. I. INTRODUCTION. On February 20, 2003, Samuel E. Burton, a retired United States Coast Guard captain who had recently had his leg placed in a cast at the Walter Ree...
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Margot SHAY, et al., Plaintiffs, v. SIGHT & SOUND SYSTEMS, INC., et al., Defendants. , D.D.C., November 9, 2009
Gregg Cohen Greenberg, Philip B. Zipin, Zipin Law Firm, LLC, Silver Spring, MD, for Plaintiffs. Sean Patrick Roche, Cameron/McEvoy, PLLC, Fairfax, VA, for Defendants. MEMORANDUM OPINION AND ORDER RICHARD W. ROBERTS, District Judge. The plaintiffs, five former employees of defendants Sight & Sound Systems, Inc. ("SASSI"), Koorosh Kaymanesh and Hamid Akrami, bring claims of federal Fair Labor Standards Act ("FLSA") violations, unlawful retaliation, breach of contract, and quantum meruit la...
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HARPOLE ARCHITECTS, P.C., et. al., Plaintiffs, v. Laura G. BARLOW, Defendant. , D.D.C., November 9, 2009
Bruce V. Spiva, Kathleen Roberta Hartnett, Spiva & Hartnett, LLP, Washington, DC, for Plaintiffs. Deborah E. Sanders Kane, Hartel, Kane, Desantis, Macdonald & Howie, L.L.P., Beltsville, MD, for Defendant. MEMORANDUM OPINION ELLEN SEGAL HUVELLE, District Judge. Plaintiffs Harpole Architects, P.C. ("HAPC") and Jerry Harpole, Jr. have sued Laura Barlow, HAPC's former bookkeeper and administrative assistant, for common law fraud, intentional misrepresentation and conversion, breach of a fidu...
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ESSROC CEMENT CORP., Plaintiff, v. CTI/D.C., INC., Defendant. , D.D.C., November 9, 2009
George Bradley Breen, Epstein, Becker & Green, P.C., Washington, DC, for Plaintiff. Frederick D. Cooke, Jr., Rubin, Winston, Diercks, Washington, DC, for Defendant. MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. Plaintiff, Essroc Cement Corp. (hereinafter "Essroc"), filed the above- captioned action against Defendant, CTI/D.C., Inc. (hereinafter "CTI"), seeking monetary damages for CTI's alleged failure to pay for cement supplied to the corporation by Essroc. Having received ...
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PARKRIDGE 6, LLC et al, Plaintiff, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, et al, Defendant. , D.D.C., November 9, 2009
Christopher Wetmore Walker, Walker & Company, Reston, VA, for Plaintiffs. Brian P. Hudak, U.S. Attorney's Office for the District of Columbia, Thomas C. Goodhue, Hunton & Williams, LLP, Washington, DC, for Defendants. MEMORANDUM OPINION GLADYS KESSLER, District Judge. Plaintiff Parkridge 6 is a Virginia-based LLC which owns property adjoining the proposed development route of the Dulles Corridor Metrorail Project ("Project"). Plaintiff Dulles Corridor Users Group is a Virginia-based civ...
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Michael FANNING, Plaintiff, v. TROTTER SITE PREPARATION, LLC, Defendant. , D.D.C., November 9, 2009
R. Richard Hopp, O'Donoghue & O'Donoghue LLP, Washington, DC, for Plaintiff. Jonathan R. Mook, Dimuroginsberg, PC, Alexandria, VA, for Defendant. MEMORANDUM OPINION AND ORDER RICHARD W. ROBERTS, District Judge. Plaintiff Michael Fanning, the Chief Executive Officer of the Central Pension Fund of the International Union of Operating Engineers and Participating Employers ("the Fund"), brings claims against defendant Trotter Site Preparation ("Trotter"), alleging that Trotter has failed to ...
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Ralph SCHOENMAN, Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION, et al., Defendants. , D.D.C., November 9, 2009
James H. Lesar, Washington, DC, for Plaintiff. Kathleene A. Molen, U.S. Department of Justice, Office of Information Policy, Washington, DC. MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. This case comes before the Court upon the filing of a "Motion to Enforce Consent Decree, Motion for Reconsideration En Banc, Motion to Intervene as Plaintiff under Rule 24(a)(2) and Rule 24(b)(2)," filed by Jonathan Lee Riches, a federal inmate incarcerated at the Federal Medical Center in L...
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Carmen JONES, Plaintiff, v. THE WASHINGTON TIMES, et al., Defendants. , D.D.C., November 8, 2009
Carmen Jones, Washington, DC, pro se. Bernadette Wolffe, The Wolffe Law Firm, LLC, Arlington, VA, for Defendants. MEMORANDUM OPINION RICHARD J. LEON, District Judge. This matter is before the Court on defendants' motions to dismiss or for a more definite statement. For the reasons discussed below, the Court grants defendants' motions in part, and Counts One, Three, and Four of plaintiff's amended complaint may proceed as against The Washington Times, LLC. I. BACKGROUND Plaintiff is ...
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Angelo RICHARDSON, Plaintiff, v. Eleanor HOLMES, Defendant. , D.D.C., November 6, 2009
MEMORANDUM OPINION PAUL L. FRIEDMAN, District Judge. This matter is before the Court on plaintiff's pro se complaint and application to proceed in forma pauperis. The Court will grant plaintiff's application and dismiss the complaint for lack of subject matter jurisdiction. The subject matter jurisdiction of the federal district courts is limited and is set forth generally at 28 U.S.C. §§ 1331 and 1332. Under those statutes, federal jurisdiction is available only when a "federal questi...
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George P. MURRAY, Plaintiff, v. UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS, Defendant. , D.D.C., November 6, 2009
MEMORANDUM OPINION PAUL L. FRIEDMAN, District Judge. This matter is before the court on the plaintiff's pro se complaint and application to proceed in forma pauperis. The application to proceed in forma pauperis will be granted and the complaint will be dismissed. Taken at face value, the complaint sues the United States Court of Appeals for Veterans Claims for $12.5 million for its decision. A court is immune from a damages suit for actions taken in the performance of its duties, as judge...
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Kareemah BELL-BOSTON, Plaintiff, v. Roxanne CROOKS-PHILIPS, Defendant. , D.D.C., November 6, 2009
MEMORANDUM OPINION PAUL L. FRIEDMAN, District Judge. This matter comes before the Court on consideration of plaintiff's pro se complaint and application to proceed in forma pauperis. The Court will grant the application, and dismiss the complaint. The complaint alleges that the plaintiff went to the Volunteer Services & Senior Connection Department for Providence Hospital, where the manager of volunteer services told her that two other people--unidentified except by name--did not like the ...
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In re INTERBANK FUNDING CORP. SECURITIES LITIGATION. , D.D.C., November 6, 2009
Daniel S. Sommers, Cohen Milstein Sellers & Toll, PLLC, Donald J. Enright, Michael G. McLellan, Tracy Diana Rezvani, Finkelstein Thompson LLP, Washington, DC, Arthur J. Salzberg, Marvin Syzmkowicz, Arthur J. Salzberg & Associates, P.C., Bethesda, MD, for Plaintiffs. E. Alex Blanton, Blank Rome, LLP, Alexander Maltas, Latham & Watkins LLP, Washington, DC, for Defendants. MEMORANDUM OPINION JOHN D. BATES, District Judge. This securities fraud action is once again before the Court following...
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FORSYTH MEMORIAL HOSPITAL INC., et al. v. Kathleen SEBELIUS, as Secretary of Health and Human Services. , D.D.C., November 5, 2009
Harold G. Belkowitz, Ober, Kaler, Grimes & Shriver, Washington, DC, for Forsyth Memorial Hospital Inc., et al. MEMORANDUM CATHERINE C. BLAKE, District Judge. Now pending before the court are cross motions for summary judgment. Plaintiffs Forsyth Memorial Hospital, Inc. ("Forsyth"), Medical Park Hospital, Inc., and Foundation Health Systems, Corp. d/b/a The Oaks at Forsyth and as successor in interest to Carolina Medicorp Enterprises, Inc. d/b/a Edwin H. Martinat Outpatient Rehabilitation Ce...
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Michael A. HALEY, Plaintiff, v. Michael J. ASTRUE, et al., Defendants. , D.D.C., November 5, 2009
Michael A. Haley, Virginia Beach, VA, pro se. Jennifer M. Olkiewicz, U.S. Attorney's Office for the District of Columbia, Washington, DC, for Defendants. MEMORANDUM OPINION JOHN D. BATES, District Judge. Plaintiff Michael Haley brings this employment discrimination action against the Social Security Administration ("Administration"), Michael Astrue in his official capacity as Commissioner, and three human resource staff members, also in their official capacities. Before the Court is defe...
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John WALKER, et al., Petitioners, v. The CENTER FOR FOOD SAFETY, Respondent. , D.D.C., November 5, 2009
Barry J. Armstrong, Ian K. Byrnside, McKenna Long & Aldridge LLP, Atlanta, GA, David M. Irvine, McKenna Long & Aldridge LLP, Washington, DC, for Petitioners. Stuart F. Pierson, Tameka M. Collier, Troutman Sanders LLP, Washington, DC, for Respondent. MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. The Center for Food Safety ("CFS") abhors the application of sewage sludge onto land, believing that it is harmful to animal health and the environment. It, and its Executive Director An...
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Annie JACKSON, Plaintiff, v. DISTRICT OF COLUMBIA, Defendant. , D.D.C., November 5, 2009
Bryan A. Chapman, Washington, DC, for Plaintiff. Dwayne C. Jefferson, D.C. Attorney General's Office, Washington, DC, for Defendant. MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. Annie Jackson alleges that she was constructively discharged because of her race in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the D.C. Human Rights Act, D.C.Code § 2-1401 et seq. The District of Columbia argues that Ms. Jackson was demoted because she falsif...
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Dee Dee CHAVERS, Plaintiff, v. Eric K. SHINSEKI, Secretary, U.S. Department of Veterans Affairs, Defendant. , D.D.C., November 5, 2009
Alan Lescht, Susan Laiken Kruger, Alan Lescht and Assoc., P.C., Washington, DC, for Plaintiff. Alexander Daniel Shoaibi, U.S. Attorney's Office, Washington, DC, for Defendants. MEMORANDUM OPINION ELLEN SEGAL HUVELLE, District Judge. Plaintiff Dee Dee Chavers is an employee of the United States Department of Veterans Affairs ("VA" or "the agency"). She claims that her employer discriminated against her on the basis of her disability, discriminated against her by subjecting her to a hostil...
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John E. DRAIM, Plaintiff, v. VIRTUAL GEOSATELLITE HOLDINGS, INC., et al., Defendants. Mobile Communications Holdings, Inc., et al., Plaintiffs, v. John E. Draim, Defendant. , D.D.C., November 4, 2009
MEMORANDUM OPINION JOHN M. FACCIOLA, United States Magistrate Judge. On July 29, 2009, final judgment was entered in favor of plaintiff. Currently pending and ready for resolution is Virtual Geosatellite Holding, Inc. and Mobile Communications Holdings, Inc.'s Motion to Reopen Time to File Appeal ("Defs.Mot.") [# 133]. I. The Parties' Positions Defendants concede that, under Rule 4(a)(1) of the Federal Rules of Appellate Procedure ("FRAP"), any appeal of this court's final judgement was du...
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Dana ROSS, Individually and on Behalf of Others Similarly Situated, Plaintiff, v. William L. WALTON, Penny F.Roll, Joan M. Sweeney, and Allied Capital Corporation, Defendants. , D.D.C., November 4, 2009
Steven Richard Freeman, Freeman, Wolfe & Greenbaum, P.A., Towson, MD, Steven J. Toll, Cohen Milstein Sellers & Toll, PLLC, Washington, DC, for Plaintiff. Benjamin H. Neaderland, Thomas F. Connell, Christopher Ronald Lorne Davies, Jonathan Edward Paikin, Ryan Patrick Phair, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for Defendants. MEMORANDUM OPINION AND ORDER JACK D. SHANSTROM, Senior District Judge. Introduction Presently before the Court is Defendants' Motion to Dismiss...
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Demetrius McLAUGHLIN, Plaintiff, v. U.S. DEPARTMENT OF JUSTICE, Defendant. , D.D.C., November 4, 2009
MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. The Court of Appeals for the District of Columbia Circuit remanded part of this case brought under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, for a determination as to whether the 31 pages of Drug Enforcement Administration records withheld in part or completely contained any segregable material. See Dkt. # 39 (Mandate). The Department of Justice ("DOJ") has publicly filed the Supplemental Declaration of William Little, Jr....
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John E. DRAIM, Plaintiff, v. VIRTUAL GEOSATELLITE HOLDINGS, INC., et al., Defendants. Mobile Communications Holdings, Inc., et al., Plaintiffs, v. John E. Draim, Defendant. , D.D.C., November 4, 2009
MEMORANDUM OPINION JOHN M. FACCIOLA, United States Magistrate Judge. On July 29, 2009, final judgment was entered in favor of plaintiff. Currently pending and ready for resolution is Virtual Geosatellite Holding, Inc. and Mobile Communications Holdings, Inc.'s Motion to Reopen Time to File Appeal ("Defs.Mot.") [# 133]. I. The Parties' Positions Defendants concede that, under Rule 4(a)(1) of the Federal Rules of Appellate Procedure ("FRAP"), any appeal of this court's final judgement was du...
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THE CAPE HATTERAS ACCESS PRESERVATION ALLIANCE, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF the INTERIOR, et al., Defendants v. Defenders of Wildlife and The National Audobon Society, Defendant-Intervenors. , D.D.C., November 4, 2009
Lawrence R. Liebesman, Holland & Knight LLP, Washington, DC, for Plaintiffs. Ethan Carson Eddy, U.S. Deptartment of Justice, Washington, DC, for Defendants. Jason C. Rylander, Defenders of Wildlife, Washington, DC, Julia Furr Youngman, Southern Environmental Law Center, Chapel Hill, NC, for Defendant- Intervenors. MEMORANDUM AND ORDER ROYCE C. LAMBERTH, Chief Judge. A court that orders an administrative agency to supplement the record of its decision is a rare bird. Pending before the Co...
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IQ SYSTEMS, INC., Plaintiff, v. Alejandro MAYORKAS, Director, U.S. Citizenship and Immigration Services, et al., Defendants. [FN1]FN1. Defendants originally included Michael Aytes, Deputy Director of USCIS and F. Gerard Heinauer, Acting Director of, D.D.C., November 4, 2009
Michael W. Lin, Braverman & Lin, P.C., Arlington, VA, for Plaintiff. Michelle Lo, U.S. Attorney's Office, Washington, DC, for Defendants. MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. IQ Systems, Inc. complains that the U.S. Citizenship and Immigration Service ("USCIS"), an agency within the Department of Homeland Security, improperly denied its I-140 visa petition on behalf of intended beneficiary Ravi Kuma Akuthota. USCIS moves to dismiss for lack of jurisdiction and failure ...
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NING YE, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, et al., Defendants. , D.D.C., November 4, 2009
Ning Ye, Washington, DC, pro se. Katie Ann Tirronen, United States Attorney's Office, Lucy E. Pittman, D.C. Office of the Attorney General, Washington, DC, for Defendants. MEMORANDUM OPINION AND ORDER ELLEN SEGAL HUVELLE, District Judge. This matter is here again on defendant Maria Amato's motion for dismissal. Plaintiff Ning Ye, an attorney proceeding pro se, has sued defendant, who is the general counsel for the District of Columbia Department of Corrections ("DOC"), as well as variou...
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Raul S. ZAVALA, Plaintiff, v. DRUG ENFORCEMENT ADMINISTRATION, Defendant. , D.D.C., November 4, 2009
Raul S. Zavala, Atwater, CA, pro se. Jennifer Zachary, D.C. U.S. Attorney's Office, Washington, DC, for Defendant. OPINION PAUL L. FRIEDMAN, District Judge. This matter came before the Court on defendant's motion for summary judgment. The Court carefully considered the papers filed by the parties and granted defendant's motion for summary judgment by Order issued on September 30, 2009. This Opinion explains the reasoning behind that Order. I. BACKGROUND Plaintiff brings this action ...
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J.S.R., a minor by his mother and next friend Jacqueline ROJAS POLANCO, et. al., Plaintiffs, v. WASHINGTON HOSPITAL CENTER CORPORATION, et al., Defendants. , D.D.C., November 3, 2009
Christian Clark Mester, Jean Marie Jones, Goldberg, Finnegan & Mester, LLC, Silver Spring, MD, for Plaintiffs. Crystal S. Deese, Brault, Graham, Scott & Brault, PLLC, Rockville, DC, Susan T. Preston, Goodell, Devries, Leech & Dann, LLP, Baltimore, MD, Rhonda Lisa Campbell, U.S. Department of Justice, Rudolph Contreras, U.S. Attorneys Office, Washington, DC, for Defendants. MEMORANDUM OPINION GLADYS KESSLER, District Judge. Plaintiff J.S.R., a minor, and his parents, Plaintiffs Jacquelin...
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COUNCIL ON AMERICAN-ISLAMIC RELATIONS, Plaintiff, v. Paul David GAUBATZ, et al., Defendants. , D.D.C., November 3, 2009
Daniel Marino, Luque Geragos Marino LLP, Washington, DC, for Plaintiff. MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. This matter comes before the Court on motion by Plaintiff, the Council on American-Islamic Relations (hereinafter, "CAIR" or the "organization"), for a temporary restraining order. CAIR filed the above-captioned civil action on October 29, 2009, accompanied by the now-pending [2] Motion for a Temporary Restraining Order and a Preliminary Injunction. CAIR names a...
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UNITED AMERICA FINANCIAL, INCORPORATED, Plaintiff, v. Postmaster General John E. POTTER, U.S. Postal Service, Defendant. , D.D.C., November 3, 2009
William P. Farley, Law Offices of William P. Farley, Washington, DC, for Plaintiff. Claire M. Whitaker, United States Attorney's Office, Washington, DC, for Defendant. MEMORANDUM OPINION JOHN D. BATES, District Judge. Plaintiff United America Financial, Inc. ("UAF") brings this action against the head of the United States Postal Service ("Postal Service" or "USPS") under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. UAF submitted a FOIA request to the USPS seeking disclosure o...
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Zachary BAUMEL, et al., Plaintiffs, v. SYRIAN ARAB REPUBLIC, et al., Defendants. , D.D.C., November 3, 2009
Thomas J. Luz, Karaahmetoglu & Luz Firm, LLP, New York, NY, for Plaintiffs. Ramsey Clark, Clark & Schilling, New York, NY, for Defendants. MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. This is an action brought on behalf of Zachary Baumel against the Syrian Arab Republic and the Popular Front for the Liberation of Palestine and certain of their officials for alleged hostage-taking and torture. [FN1] Syria moves to dismiss for lack of jurisdiction under Federal Rule of Civil Pro...
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James RICHARDSON, Petitioner, v. D. BERKEBILE, Warden, Respondent. , D.D.C., November 2, 2009
MEMORANDUM OPINION HENRY H. KENNEDY, JR., District Judge. Petitioner James Richardson has filed a pro se petition for writ of habeas corpus. For the reasons explained below, the petition will be dismissed for lack of jurisdiction. I. BACKGROUND Richardson is serving a 50-year term of imprisonment imposed by the Superior Court for the District of Columbia in September 2003 after he was convicted by a jury of six counts of armed robbery and other offenses. See Pet. at 2, ¶¶ 3, 4. Richardso...
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Marsha Lynne COLEMAN-ADEBAYO, Plaintiff, v. Stephen L. JOHNSON, Defendant. , D.D.C., November 2, 2009
Bruce J. Terris, Terris, Pravlik & Millian, LLP, Washington, DC, for Plaintiff. Beverly Maria Russell, U.S. Attorney's Office for D.C., Washington, DC, for Defendant. MEMORANDUM OPINION JOHN M. FACCIOLA, United States Magistrate Judge. Plaintiff's counsel, Terris, Pravlik & Milian, ("withdrawing counsel") has moved to withdraw. Their client opposes their motion and seeks a judicial order requiring them to continue the representation. In the alternative, plaintiff asks that, if counsel ar...
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Sandra RAGSDALE, Plaintiff, v. Eric HOLDER, United States Attorney General, [FN1] Defendant. FN1. Pursuant to Fed.R.Civ.P. 25(d), Attorney General Eric Holder has been automatically substituted as the defendant for former Attorney General Al, D.D.C., November 2, 2009
Nathaniel D. Johnson, Laplata, MD, for Plaintiff. Diane M. Sullivan, United States Attorney's Office, Washington, DC, for Defendant. MEMORANDUM OPINION REGGIE B. WALTON, District Judge. The plaintiff, Sandra Ragsdale, an employee of the Federal Bureau of Investigation ("FBI"), brings this action against the defendant Eric Holder, in his official capacity as Attorney General of the United States, asserting claims of disparate treatment and harassment under Section 501 of the Rehabilitatio...
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Daniel PAILES, Plaintiff, v. UNITED STATES PEACE CORPS, Defendant. , D.D.C., November 2, 2009
Daniel Pailes, Salisbury, MA, pro se. Wynne Patrick Kelly, U.S. Attorney's Office, Washington, DC, for Defendant. MEMORANDUM OPINION JOHN D. BATES, District Judge. This matter is before the Court on defendant's motion to dismiss, plaintiff's opposition thereto, and defendant's reply. For the reasons discussed below, defendant's motion will be granted. I. BACKGROUND Plaintiff alleges that he sustained an injury in March 1989 while working in Mali as a volunteer with the United States...
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Lawrence C. AGEE, Plaintiff, v. Kathleen SEBELIUS, [FN1] Secretary, Department of Health And Human Services, et al., Defendants. FN1. Pursuant to Federal Rule of Civil Procedure 25(d), Kathleen Sebelius is substituted as Secretary for her pr, D.D.C., November 2, 2009
Lawrence C. Agee, Williston, VT, pro se. Peter Barr Robb, Downs, Rachlin & Martin, Brattleboro, VT, Jonathan T. Rose, Downs Rachlin Martin, PLLC, Burlington, VT, for Defendants. MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. This case presents the sad personal story of Plaintiff Lawrence C. Agee, proceeding pro se throughout, who practiced medicine in Vermont until Defendant Fletcher Allen Health Care, Inc. ("FAHC") notified the National Practitioners Data Bank in 1999 and 2000 ...
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Robert A. REED, Petitioner, v. John CAULFIELD et al., Respondents. , D.D.C., October 30, 2009
MEMORANDUM OPINION PAUL L. FRIEDMAN, District Judge. This matter is before the Court on its initial review of the petition for a writ of habeas corpus filed pro se and the accompanying application to proceed in forma pauperis. The Court is obligated either to issue the writ or to order the respondent to show cause why the writ should not issue "unless it appears from the application that the applicant or person detained is not entitled thereto." 28 U.S.C. § 2243. The Court will grant the ...
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Robert Andrew REED, Plaintiff, v. Alexis BATTLE et al., Defendants. , D.D.C., October 30, 2009
MEMORANDUM OPINION PAUL L. FRIEDMAN, District Judge. This matter is before the Court on plaintiff's pro se complaint and application to proceed in forma pauperis. The Court will grant plaintiff's application and dismiss the complaint for lack of subject matter jurisdiction. The subject matter jurisdiction of the federal district courts is limited and is set forth generally at 28 U.S.C. §§ 1331 and 1332. Under those statutes, federal jurisdiction is available only when a "federal questi...
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Pamela Diane GOINS, Plaintiff, v. Shyan DAS et al., Defendants. , D.D.C., October 30, 2009
MEMORANDUM OPINION PAUL L. FRIEDMAN, District Judge. This matter is before the Court on plaintiff's pro se complaint and application to proceed in forma pauperis. The Court will grant plaintiff's application and dismiss the complaint for lack of subject matter jurisdiction. The subject matter jurisdiction of the federal district courts is limited and is set forth generally at 28 U.S.C. §§ 1331 and 1332. Under those statutes, federal jurisdiction is available only when a "federal questi...
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Tony Curtis BARRINO, Plaintiff, v. President Barack OBAMA et al., Defendants. , D.D.C., October 30, 2009
Tony Barrino, Hyattsville, MD, pro se. MEMORANDUM OPINION PAUL L. FRIEDMAN, District Judge. This matter is before the Court on its initial review of plaintiff's pro se complaint and application for leave to proceed in forma pauperis. Pursuant to 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint upon a determination that it, among other grounds, is frivolous. 28 U.S.C. § 1915(e)(2)(B) (i). Plaintiff, a resident of Hyattsville, Maryland, sues President Barack Obama, Sec...
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Tony Curtis BARRINO, Plaintiff, v. Heidi COLLINS et al., Defendants. , D.D.C., October 30, 2009
Tony Barrino, Hyattsville, MD, pro se. MEMORANDUM OPINION PAUL L. FRIEDMAN, District Judge. This matter is before the Court on its initial review of plaintiff's pro se complaint and application for leave to proceed in forma pauperis. Pursuant to 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint upon a determination that it, among other grounds, is frivolous. 28 U.S.C. § 1915(e)(2)(B)(i). Plaintiff, a resident of Hyattsville, Maryland, sues three employees of "Cable Ne...
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Carlos KIDD, Plaintiff, v. Barack OBAMA, et al., Defendants. , D.D.C., October 30, 2009
MEMORANDUM OPINION PAUL L. FRIEDMAN, District Judge. This matter is before the Court for consideration of plaintiff's application to proceed in forma pauperis and pro se complaint The Court will grant the application and dismiss the complaint. Plaintiff, who describes himself as an Atheist, alleges that the President of the United States and the Chairman of the Federal Reserve have violated the First Amendment's Establishment Clause because they are responsible for the printing and distrib...
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Jeffrey M. YOUNG-BEY, Plaintiff, v. Esther D. ELDER et al., Defendants. , D.D.C., October 30, 2009
MEMORANDUM ORDER VACATING PRIOR ORDER AND BARRING PRISONER FROM PROCEEDING IN FORMA PAUPERIS PAUL L. FRIEDMAN, District Judge. Plaintiff, a prisoner proceeding pro se, has submitted a motion to reinstate his case, which was dismissed on jurisdictional grounds by order dated July 29, 2009. Because the plaintiff is barred from filing in forma pauperis, the prior order granting him leave to proceed in forma pauperis will be vacated, and his motion to reinstate will be denied as moot. Federal ...
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John P. HALVONIK, Plaintiff, v. John DOLL, Director, U.S. Patent and Trademark Office, Defendant. , D.D.C., October 30, 2009
John P. Halvonik, Rockville, MD, pro se. MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. This case comes before the Court on an order by the United States Court of Appeals for the District of Columbia Circuit holding in abeyance Plaintiff's appeal and directing this Court to consider Plaintiff's filing captioned "Appeal of Order Dismissing Case for Failure to Serve" as a motion to reconsider the Court's June 24, 2009 Order dismissing this case without prejudice for failure to ser...
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Reckitt BENCKISER, Inc., Plaintiff, v. Lisa P. JACKSON, Administrator, United States Environmental Protection Agency, et al., Defendants. , D.D.C., October 30, 2009
Holdings: The District Court, Ellen Segal Huvelle, J., held that: (1) EPA's failure to initiate cancellation proceedings constituted failure to take appropriate regulatory action, precluding district court's jurisdiction, and (2) manufacturer was not entitled to writ of mandamus. Motion granted. Ronald A. Schechter, Adam D. Orford, Lawrence E. Culleen, Arnold & Porter LLP, Washington, DC, for Plaintiff. Stephanie J. Talbert, U.S. Department of Justice, David M. Kerr, Morgan, Lewis & ...
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Andrew HANTZIS, Plaintiff, v. Brenda GRANTLAND et al., Defendants. , D.D.C., October 30, 2009
Andrew Hantzis, Yazoo City, MS, pro se. Wynne Patrick Kelly, U.S. Attorney's Office, Washington, DC, for Defendants. MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. In this civil action brought pro se, plaintiff, a federal prisoner, accuses various participants of forfeiture proceedings in the Central District of California of "a massive criminal conspiracy ... to confiscate his real properties in California and have him deported." Amended Complaint [Dkt. No. 3] ¶ 1. He seeks ...
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UNITED STATES of America v. Levar SIMMS, Defendant. , D.D.C., October 29, 2009
MEMORANDUM ORDER (October 25th, 2009) [# 51] RICHARD J. LEON, District Judge. Now before the Court is defendant Simms's collateral attack, pursuant to 28 U.S.C. § 2255, against his conviction and sentence. Simms was convicted in this Court on January 28, 2008, of Interstate Transportation of a Minor for Purposes of Prostitution, in violation of 18 U.S.C. § 2423(a). (See Jury Verdict Form [# 31].) On July 7, 2008, this Court sentenced Simms to ninety-six months imprisonment. (See Minute En...
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David C. RODEARMEL, Plaintiff, v. Hillary Rodham CLINTON, Secretary of State, and United States Department of State, Defendants. , D.D.C., October 29, 2009
James F. Peterson, Paul J. Orfanedes, Judicial Watch, Inc., Washington, DC, for Plaintiff. Jeffrey Michael Smith, Eric J. Soskin, Ian Heath Gershengorn, U.S. Department of Justice, Washington, DC, for Defendants. MEMORANDUM OPINION PER CURIAM. This case is before the court on the defendants' motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure and the plaintiff's cross-motion for summary judgment pursuant to Rule 56(c). The plaintiff, David Ro...
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Wilbur WILKINSON, Plaintiff-Petitioner, v. Tom VILSACK, [FN1] Secretary of Agriculture, et al., Defendants-Respondents. FN1. Pursuant to Federal Rule of Civil Procedure 25(d), Tom Vilsack is automatically substituted as defendant for his pre, D.D.C., October 29, 2009
John J. Mahoney, Center, ND, for Plaintiff-Petitioner. Jane M. Lyons, United States Attorney's Office, Washington, DC, for Defendants-Respondents. MEMORANDUM OPINION JOHN D. BATES, District Judge. Petitioner Wilbur Wilkinson brings this action on behalf of his parents, Ernest and Mollie Wilkinson, for a writ of mandamus directed to respondents Tom Vilsack, the Secretary of Agriculture, and the United States Department of Agriculture ("USDA"). Wilkinson contends that respondents have a du...
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Rita E. CHISHOLM, Plaintiff, v. DISTRICT OF COLUMBIA, Defendant. [FN1]FN1. Although the plaintiff worked for the District of Columbia Courts, as indicated in the caption, this is an action against the District of Columbia Government. See June 4, 20, D.D.C., October 29, 2009
F. Douglas Hartnett, Elitok & Hartnett, at-Law, LLC, Washington, DC, for Plaintiff. Alex Karpinski, Office of the Attorney General for the District of Columbia, Washington, DC, for Defendant. MEMORANDUM OPINION REGGIE B. WALTON, District Judge. Rita Chisholm, the plaintiff in this civil lawsuit, seeks to recover compensatory damages and also requests injunctive relief for alleged unlawful discrimination against her by her former employer, the District of Columbia Courts, [FN2] under the Age...
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Angel RUIZ RIVERA, Plaintiff, v. Eric HOLDER, [FN1] et al., Defendants. FN1. Pursuant to Federal Rule of Civil Procedure 25(d)(1), the Court has substituted the current Attorney General, Eric Holder, for Attorney General Alberto Gonzales, wh, D.D.C., October 29, 2009
Angel Ruiz Rivera, San Juan, PR, pro se. Wynne Patrick Kelly, U.S. Attorney's Office, Washington, DC, for Defendants. MEMORANDUM OPINION REGGIE B. WALTON, District Judge. Plaintiff Angel Ruiz Rivera, who is proceeding pro se, brings this action against the Attorney General, in his official capacity, and other attorneys employed by the United States Department of Justice ("DOJ"), alleging that under the Fifth Amendment of the United States Constitution, the Federal Torts Claims Act, 28 U....
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Augustine EKWEM, Plaintiff, v. Adrian FENTY, et. al., Defendants. , D.D.C., October 29, 2009
Bryan A. Chapman, Washington, DC, for Plaintiff. Eric Sebastian Glover, Office of the Attorney General for the District of Columbia, Washington, DC, for Defendants. MEMORANDUM OPINION ELLEN SEGAL HUVELLE, District Judge. Plaintiff Augustine Ekwem, an employee of the District of Columbia Child and Family Services Agency (the "Agency"), has sued Mayor Adrian Fenty (the "Mayor") in his individual capacity and the District of Columbia (the "District"), alleging violations of his constitution...
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Christopher J. ALF, Plaintiff, v. Michael B. DONLEY et al., Defendants. , D.D.C., October 29, 2009
Warren Jay Devecchio, Jenner & Block LLP, Washington, DC, for Plaintiff. Jennifer Zachary, Laurie J. Weinstein, D.C. U.S. Attorney's Office, Washington, DC, for Defendants. MEMORANDUM OPINION GRANTING THE PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION RICARDO M. URBINA, District Judge. I. INTRODUCTION This matter is before the court on the plaintiff's motion for a preliminary injunction. The plaintiff is the former CEO of National Air Cargo, Inc. ("NAC"), a transportation business th...
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Ammar AL-BALUCHI, Petitioner, v. Robert M. GATES, Secretary of Defense, et al., Respondents. , D.D.C., October 28, 2009
ORDER PAUL L. FRIEDMAN, District Judge. HAVING CONSIDERED the Government's Unopposed Motion for Extension of Time to File Factual Return, it is hereby this 28th day of October, 2009, ORDERED that the Government shall file the factual return for Petitioner Ammar Al-Baluchi, a/k/a Ali Abdul Aziz Ali (ISN 10018) on or before December 17, 2009.
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Alexander OCASIO, Plaintiff, v. James C. DUFF, Defendant. , D.D.C., October 28, 2009
MEMORANDUM OPINION EMMET G. SULLIVAN, District Judge. In this pro se civil action, plaintiff, a Nevada inmate, sues the Director of the Administrative Office of the United States Courts for declaratory and injunctive relief. Specifically, plaintiff seeks to compel the Director to create an administrative grievance procedure to "justly adjudicate complaints of misconduct" by the Clerks of Court. Compl. at 5. Defendant moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) fo...
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Abdul ZAHIR, Petitioner, v. George W. BUSH et al., Respondents. , D.D.C., October 28, 2009
MEMORANDUM ORDER RICHARD W. ROBERTS, District Judge. Petitioner Abdul Zahir, a detainee at Guantanamo Bay, has moved under Section I.E.2 of the Case Management Order ("CMO") for an order allowing him to propound to the respondents 84 numbered interrogatories, many containing multiple sub-parts, and eight requests for production of documents. The respondents oppose Zahir's requests, arguing that they are overbroad, that they exceed the scope of discovery that was contemplated by Section I.E.2 ...
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Oscar SALAZAR, et al., Plaintiffs, v. DISTRICT OF COLUMBIA, et al., Defendants. , D.D.C., October 28, 2009
MEMORANDUM OPINION GLADYS KESSLER, District Judge. Plaintiffs have filed a Motion for an Award of Litigation Costs for Representation of Class Members from January Through June 2007 [Dkt. No. 1419]. They seek a total, at this time, [FN1] of $361,507.23 for attorneys' fees, which includes out-of-pocket litigation expenses of $8,143.46. [FN2] Upon consideration of the Motion, the Opposition, the Reply, and the detailed exhibits, the Court concludes that the Motion should be granted in part and ...
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Mark McDONALD, et al., Plaintiffs, v. THE SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, et al., Defendants. , D.D.C., October 28, 2009
Holding: The District Court, James Robertson, J., held that plaintiffs' claims were preempted by LCRA. Dismissed. Jayne H. Conroy, Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP, New York, NY, Jodi Westbrook Flowers, John Michael Eubanks, Michael E. Elsner, Michelle Dara Hodkin, Ronald L. Motley, Motley Rice LLC, Mount Pleasant, SC, Dennis E.A. Lynch, Feerick Lynch Maccartney, PLLC, South Nyack, NY, for Plaintiffs. Christopher M. Curran, Nicole Erb, White & Case LLP, Mark Andrew Johns...
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Lathal PONDER, Plaintiff, v. CHASE HOME FINANCE, LLC, Defendant. , D.D.C., October 28, 2009
Lathal Ponder, Washington, DC, pro se. David Samuel Panzer, Greenberg Traurig, LLP, Washington, DC, for Defendant. MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. Lathal Ponder, acting pro se, [FN1] brought this suit against Chase Home Finance, LLC ("Chase"). Mr. Ponder alleges that when he could not afford to make payments on a mortgage loan from Chase, Chase agreed to send him a loan modification agreement and that Chase sent the agreement, but the postal service left it under ...
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UNITED STATES of America, v. Miguel PROFETA, Defendant. , D.D.C., October 27, 2009
MEMORANDUM ROYCE C. LAMBERTH, Chief Judge. Defendant Miguel Profeta's motion [Dkt. 134] to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 is before this Court. After reviewing the petitioner's motion the entire record therein, and applicable law, the Court will DENY the petitioner's § 2255 motion. I. BACKGROUND The petitioner pled guilty, pursuant to a written plea agreement, to continuing a criminal drug enterprise, in violation of 21 U.S.C. 848(b)(c) and was sentence...
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UNITED STATES of America, v. James Antonio JONES, Defendant. , D.D.C., October 27, 2009
MEMORANDUM OPINION ROYCE C. LAMBERTH, Chief Judge. Before the Court is Defendant James Antonio Jones's pro se motion to modify sentence and his memorandum of issues filed on April 29, 2002 and the government's motion to transfer [83] filed on July 2, 2009. For the following reasons Mr. Jones's motion is transferred to the Court of Appeals for consideration. Although courts should afford notice and an opportunity to withdraw a petition before recharacterizing it as one under § 2255, United ...
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NATIONAL ASSOCIATION OF WATERFRONT EMPLOYERS, Plaintiff, and Old Republic Insurance Company and Bituminous Contractors, Inc., Intervenors, v. Hilda L. SOLIS, Secretary of Labor, Defendant. [FN1]FN1. Pursuant to Federal Rule of Civil Procedure 25(, D.D.C., October 27, 2009
Francis Edwin Froelich, Carroll & Froelich, PLLC, Washington, DC, for Plaintiff. Mark Elliott Solomons, Greenberg Traurig, L.L.P., Washington, DC, for Plaintiff/Intervenors. Precious Murchison, Greenberg Traurig LLP, Mary Lou Smith, Howe, Anderson & Steyer, P.C., Washington, DC, for Intervenors. Scott Risner, U.S. Department of Justice, Washington, DC, for Defendant. MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. Plaintiff and Intervenors challenge the Department of Labor's a...
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James SHERELY, et al., Plaintiffs, v. Kathleen SEBELIUS, et al., Defendants. , D.D.C., October 27, 2009
Thomas G. Hungar, Bradley Jason Lingo, Gibson, Dunn & Crutcher, LLP, Steven Henry Aden, Alliance Defense Fund, Washington, DC, Samuel B. Casey, Advocates International, Springfield, VA, for Plaintiffs. Eric R. Womack, Kyle Renee Freeny, U.S. Department of Justice, Washington, DC, Joel L. McElvain, U.S. Department of Justice, San Francisco, CA, for Defendants. MEMORANDUM OPINION ROYCE C. LAMBERTH, Chief Judge. This matter comes before the Court on defendants' Motion [22] to Dismiss. Plai...
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In re GRAND JURY INVESTIGATION OF POSSIBLE VIOLATION OF 18 U.S.C. § 1461 et seq. , D.D.C., October 26, 2009
MEMORANDUM AND ORDER ROYCE C. LAMBERTH, Chief Judge. The United States has requested that this Court compel Company X to comply with four subpoenas issued by a grand jury sitting in this district and served on Company X on September 5, 2008. Having considered the United States' motion to compel, Company X's response, the reply thereto, and the arguments of counsel, the United States' motion is granted in part and denied in part for the reasons set forth below. I. BACKGROUND On September 5,...
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Jerome Julius BROWN, Sr., Plaintiff, v. SUBURBAN PROPANE L.P., Defendant. , D.D.C., October 26, 2009
MEMORANDUM OPINION PAUL L. FRIEDMAN, District Judge. For purposes of this Memorandum Opinion and Order, the Court consolidates three complaints, each of which is accompanied by an application to proceed in forma pauperis. Rule 8(a) of the Federal Rules of Civil Procedure requires that a complaint contain a short and plain statement of the grounds upon which the court's jurisdiction depends, a short and plain statement showing that the pleader is entitled to relief, and a demand for judgment f...
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AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2741, et al., Plaintiffs, v. DISTRICT OF COLUMBIA, Defendant. , D.D.C., October 26, 2009
Donald M. Temple, Donald M. Temple, P.C., Washington, D.C., for Plaintiffs. MEMORANDUM OPINION THOMAS F. HOGAN, District Judge. Before the Court are Plaintiffs' motion for a preliminary injunction and Defendant's motion to dismiss. [FN1] After hearing oral argument on the matter, for the reasons stated below, the Court will grant the motion to dismiss Counts I and IV of the amended complaint, and will decline to exercise supplemental jurisdiction over plaintiff's remaining state law claims ...
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Lillie W. COLSTON, Plaintiff, v. FIRST GUARANTEE COMMERCIAL MORTGAGE CORPORATION, et al., Defendants. , D.D.C., October 26, 2009
Albert Wilson, Jr., The Wilson Firm, LLC, Washington, DC, for Plaintiff. James Robert Steele, Akerman Senterfitt LLP, Vienna, VA, Jordan Michael Smith, Akerman Senterfitt LLP, New York, NY, for Defendant Aurora Bank FSB. MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. On March 14, 2009, Lillie W. Colston, through counsel, sued First Guaranty Commercial Mortgage Corporation, [FN1] a Maryland corporation, and Aurora Bank, FSB, [FN2] a Delaware federal savings bank, and unknown Defe...
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Alexandria JONES, Plaintiff, v. Janice QUINTANA, et al., Defendants. , D.D.C., October 26, 2009
Jerome E. Clair, Washington, DC, for Plaintiff. Dwayne C. Jefferson, D.C. Attorney General's Office, Washington, DC, for Defendants. MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. Plaintiff Alexandria Jones, a former employee of the District of Columbia Office of Unified Communications ("OUC"), filed the above-captioned lawsuit against the District of Columbia ("D.C." or the "District") and Janice Quintana, Director of the OUC (collectively, with D.C., "Defendants"). In her o...
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THE SCOWCROFT GROUP, INC., Plaintiff, v. TOREADOR RESOURCES CORP., Defendant. , D.D.C., October 26, 2009
Michael Joseph Klisch, Cooley Godward Kronish LLP, Washington, DC, for Plaintiff. Carl S. Kravitz, Jason M. Knott, Zuckerman Spaeder, LLP, Washington, DC, for Defendant. MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. The Scowcroft Group, Inc., a Maryland corporation with its principal place of business in Washington, D.C., brings this action against Toreador Resources Corp., a Delaware corporation with its principal place of business in Dallas, Texas. [FN1] Plaintiff alleges tha...
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Omar N. BEYAH, Plaintiff, v. Gene L. DODARO, Acting Comptroller General, U.S. Government Accountability Office, Defendant. , D.D.C., October 26, 2009
Robert C. Seldon, Jennifer Rose Amore, Robert C. Seldon & Associates, P.C., Washington, DC, for Plaintiff. Brian P. Hudak, U.S. Attorney's Office for the District of Columbia, Washington, DC, for Defendant. MEMORANDUM OPINION ELLEN SEGAL HUVELLE, District Judge. Plaintiff Omar N. Beyah is an African-American male who was previously employed by the United States General Accounting Office ("GAO" or "the agency"). He claims that his employer discriminated against him on the basis of his rac...
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Malik HODGE, Plaintiff, v. UNITED AIRLINES, Defendant. , D.D.C., October 26, 2009
David A. Branch, Law Office of David A. Branch, Washington, DC, for Plaintiff. Eric J. Janson, Michael A. Viccora, Seyfarth Shaw, LLP, Washington, DC, for Defendant. MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. This is an employment discrimination case alleging violations of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq. ("Title VII") and the Family Medical Leave Act of 1990, 29 U.S.C. §§ 2611 et seq. ("FMLA"). Currently before the Court a...
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Jacqueline T. ROBINSON-REEDER, Plaintiff, v. AMERICAN COUNCIL ON EDUC., Defendant. , D.D.C., October 26, 2009
Jacqueline T. Robinson-Reeder, District Heights, MD, pro se. Christine N. Kearns, Ellen Connelly Cohen, Pillsbury Winthrop Shaw Pittman LLP, Washington, DC, for Defendant. MEMORANDUM OPINION JOHN D. BATES, District Judge. This is a Title VII retaliation case brought by Jacqueline Robinson- Reeder, proceeding pro se, against her former employer, the American Council on Education ("ACE"). Before the Court are a number of motions filed by both parties: [53] defendant's motion for sanctions;...
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Karim BOSTAN, Petitioner, v. Barack H. OBAMA, President of the United States, et al., Respondents. , D.D.C., October 23, 2009
Paul M. Rashkind, Timothy Cone, Federal Public Defender's Office, Miami, FL, for Petitioner. Terry Marcus Henry, Alexander Kenneth Haas, Andrew I. Warden, David Hugh White, Julia A. Berman, Kathryn Celia Mason, Norman Christopher Hardee, Patrick D. Davis, Robert J. Prince, Paul Edward Ahern, U.S. Department of Justice, Washington, DC, for Respondents. MEMORANDUM OPINION REGGIE B. WALTON, District Judge. On August 6, 2009, the Court heard oral argument on the merits of the evidentiary ob...
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In re RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATION. This document relates to: All Direct Purchaser Cases. , D.D.C., October 23, 2009
MEMORANDUM OPINION JOHN M. FACCIOLA, United States Magistrate Judge. Now pending before the court is Plaintiffs' Motion for Relief Pursuant to the Court's July 28, 2009 Order (Docket No. 296) ("Pls.Mot.") [# 304]. Plaintiffs seek relief pursuant to Scheduling Order [# 296] and Federal Rule of Civil Procedure 37(a). Plaintiffs seek to compel production of the following documents and/or data: 1) from all defendants, CSX Transportation ("CSX"), Union Pacific Railroad Company ("UP"), Norfolk ...
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Steven J. WEEDON, Petitioner, v. UNITED STATES, Respondent. , D.D.C., October 23, 2009
MEMORANDUM OPINION COLLEEN KOLLAR-KOTELLY, District Judge. Presently before the Court is Petitioner Steven J. Weedon's pro se [47] Motion to Vacate Sentence Pursuant to 28 U.S.C. § 2255. [FN1] Petitioner's Motion raises two separate constitutional claims: (1) that he received ineffective assistance of counsel at his initial sentencing hearing in violation of the Sixth Amendment; and (2) that his sentence violated the Sixth Amendment because the Court imposed enhancements based on facts found ...
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David KISSI, Plaintiff, v. David PANZER, et al., Defendants. , D.D.C., October 23, 2009
David Kissi, Washington, DC, pro se. Sanford M. Saunders, Jr., Greenberg Traurig LLP, Washington, DC, for Defendants. MEMORANDUM OPINION REGGIE B. WALTON, District Judge. This matter is before the Court on the joint motion to dismiss filed on behalf of defendants EMC Mortgage Corporation and David Panzer, Esq. [FN1] For the reasons discussed below, the Court will grant the defendants' motion and will dismiss this action as against all the defendants. FN1. Also before the Court ar...
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