U.S. District Courts - Massachusetts ©   Coverage   Help   Search Westlaw   Topic: AllBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationFamily LawGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsPension & Retirement BenefitsSecurities & Blue Sky LawTaxation EDUCATIONAL CREDIT MANAGEMENT CORPORATION, Appellant, v. Denise Megan BRONSDON, Appellee. , D.Mass., November 20, 2009 John F. White, Jr., Topkins & Bevans, Braintree, MA, Troy Gunderman, Educational Credit Management Corporation, Oakdale, MN, for Appellant. Denise Megan Bronsdon, Stoughton, MA, pro se. MEMORANDUM AND ORDER WOLF, District Judge. I. SUMMARY This appeal arises out of debtor Denise Megan Bronsdon's adversary proceeding seeking a discharge of student loans owed to Educational Credit Management Corp. ("ECMC") on the ground of undue hardship pursuant to 11 U.S.C. § 523(a)(8). The Bankruptcy... Michael HOOTSTEIN, et al., Plaintiffs v. Joseph COLLINS, et al., Defendants. , D.Mass., November 19, 2009 Mary-Elizabeth S. Fox, Law Office of Mare S. Fox, Shutesbury, MA, for Plaintiffs. William P. O'Neill, Office of the Attorney General, Springfield, MA, for Defendants. Doris H. White, Attorney General's Office, Boston, MA, for Interested Party. MEMORANDUM AND ORDER REGARDING DEFENDANT LEWIS "HARRY" SPENCE'S MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT (Dkt. No. 47) PONSOR, District Judge. I. INTRODUCTION Plaintiffs Michael Hootstein, Kathlyn Stein, and their minor grandchild, M.R. (c... UNITED STATES of America v. Carlos RODRIGUEZ, Defendant. , D.Mass., November 18, 2009 Donald L. Cabell, United States Attorney's Office, Boston, MA, for United States of America. William W. Fick, Federal Defender's Office, District of Massachusetts, Boston, MA, for Defendant. MEMORANDUM AND ORDER SARIS, District Judge. I. INTRODUCTION Defendant Carlos Rodriguez has filed a second motion for a new trial pursuant to Fed.R.Crim.P. 33, claiming that the government violated his Fifth Amendment rights by arguing that he "acted like a guilty man" in not making statements to the p... UNITED STATES of America, v. Tarek MEHANNA, Defendant. , D.Mass., November 18, 2009 Aloke Chakravarty, Jeffrey Auerhahn, United States Attorney's Office, Boston, MA, for Plaintiff. J.W. Carney, Jr., Steven R. Morrison, Carney & Bassil, Boston, MA, for Defendant. MEMORANDUM AND ORDER ON GOVERNMENT'S MOTION FOR DETENTION SOROKIN, United States Magistrate Judge. The United States has moved to detain the Defendant on the grounds of danger to the community pursuant to 18 U.S.C. § 3142(f)(1)(A) (crime of violence) and (f)(1)(B) (maximum punishment of life), risk of flight pur... CITY OF SPRINGFIELD, MASSACHUSETTS, Plaintiff v. COMCAST CABLE COMMUNICATIONS, INC., et al., Defendants. , D.Mass., November 17, 2009 Edward M. Pikula, Harry P. Carroll, City of Springfield, Law Department, Springfield, MA, for Plaintiff. Steven P. Perlmutter, Robinson & Cole LLP, Boston, MA, for Plaintiff/Defendants. Adam S. Caldwell, Elizabeth A. Drogula, Davis, Wright, Tremaine LLP, Washington, DC, Gregory P. Varga, Robinson & Cole LLP, Hartford, CT, for Defendants. MEMORANDUM AND ORDER REGARDING DEFENDANTS' MOTION TO DISMISS AND PLAINTIFF'S MOTION TO REMAND TO STATE COURT (Dkt. Nos. 4 & 8) PONSOR, District Judg... In Re Yuet Yiu CHUNG-CHAN, Debtor. Yuet Yiu Chung-Chan, Appellant, v. Carolyn A. Bankowski, Chapter 13 Trustee, Appellee. , D.Mass., November 17, 2009 MEMORANDUM AND ORDER PATTI B. SARIS, District Judge. I. Introduction Yuet Yiu Chung-Chan ("Debtor") appeals the holding of the Bankruptcy Court that the proceeds of a post-petition settlement were property of the Chapter 13 estate. The Bankruptcy Court's ruling is affirmed. II. Factual Background American Servicing Company ("ASC"), which held the mortgage on the Debtor's home, commenced foreclosure proceedings. (A.R. at 2-3.) On April 29, 2007, the Debtor filed a petition under Chapter 13 of... MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and Countrywide Home Loans, Inc., Appellants, v. Warren E. AGIN, Trustee, Appellee. , D.Mass., November 17, 2009 MEMORANDUM AND ORDER SARIS, District Judge. I. INTRODUCTION Appellants Mortgage Electronic Registration Systems, Inc. ("MERS") and Countrywide Home Loans, Inc. ("Countrywide") appeal the decision of the Bankruptcy Court to grant the Chapter 7 Trustee's Motion for Summary Judgment. [FN1]In re Giroux, No. 08-14708, 2009 WL 1458173 (Bankr.D.Mass. May 21, 2009). This appeal presents the single issue of whether omission of the name of the mortgagor in the certificate of acknowledgment of a mortgag... UNITED STATES of America, v. Juan PENA-ROSARIO and Clarvee Gomez, Defendants. , D.Mass., November 16, 2009 MEMORANDUM AND ORDER RE: MOTION TO SUPPRESS GERTNER, District Judge. I. INTRODUCTION Juan Pena-Rosario ("Pena-Rosario") and Clarvee Gomez ("Gomez") both seek to suppress the evidence found on them at the time of their arrests. The indictment in this case charges Pena-Rosario and Gomez with conspiracy to possess at least 500 grams of cocaine with intent to distribute in violation of 21 U.S.C. § 846. The indictment also charges Pena-Rosario with possession of cocaine with intent to distribute i... William RESTUCCI, Plaintiff, v. Harold W. CLARKE, Thomas Dickhault, Jane and John Doe, Defendants. , D.Mass., November 16, 2009 Charles W. Anderson, Jr., Department of Correction, Boston, MA, for Defendants. MEMORANDUM AND ORDER YOUNG, District Judge. I. INTRODUCTION On April 14, 2009, the plaintiff William Restucci ("Restucci"), initiated a pro se action pursuant to 42 U.S.C. § 1983 against the defendants Harold Clarke ("Clarke"), Commissioner of the Massachusetts Department of Correction (the "Department"); Thomas Dickhaut ("Dickhaut"), Superintendent of Souza Baranowski Correctional Center ("Souza Baranowski"); a... UNITED STATES of America, v. Thomas Ronald THEODORE, Defendant. , D.Mass., November 13, 2009 OPINION AND ORDER O'TOOLE, District Judge. I. Background Following his conviction on a twelve-count indictment, the defendant Thomas Ronald Theodore moved for a new trial on the ground that he had been denied the effective assistance of counsel. See Strickland v. Washington, 466 U.S. 668 (1984). After hearing argument on the motion but without conducting an evidentiary hearing, Judge Lindsay, who had presided over the trial, denied the motion. On appeal, the First Circuit concluded that an ev... In re DEP'T OF JUSTICE SUBPOENAS TO ABC. , D.Mass., November 13, 2009 Mark C. Fleming, Stephen A. Jonas, Robert D. Keefe, Wilmer Hale LLP, Boston, MA, for Respondent. Kevin Larsen, United States Department of Justice, Washington, DC, Michael K. Loucks, Franklin T. Reece, David S. Schumacher, Assistant U.S. Attorney, Gregg D. Shapiro, United States Attorney's Office, Boston, MA, for Petitioner. MEMORANDUM AND ORDER SARIS, District Judge. I. INTRODUCTION [FN1] FN1. To preserve the secrecy associated with grand jury matters, the Court has used fictitious name... UNITED STATES of America, v. Carlos LANDAN, Defendant. , D.Mass., November 12, 2009 MEMORANDUM & ORDER GORTON, District Judge. One of the defendants in this case, Carlos Landan ("Landan"), is charged with firearm possession and drug offenses. He has moved to suppress items seized during the search of his home and statements made to police on the grounds that the search was conducted without a warrant and without his consent, that the statements were not preceded by the giving of Miranda warnings and that any statements made were involuntary. This Court conducted an evidentia... In re GRAND JURY SUBPOENA (ABC, INC.). , D.Mass., November 12, 2009 James E. Arnold, United States Attorney's, Gregg D. Shapiro, Office of the United States, Sarah Wenhardt-Walsh, Libbyhoopes, P.C., Boston, MA, for Petitioner. Frank A. Libby, Jr., Libbyhoopes, P.C., Boston, MA, for John Doe. Kevin P. McGrath, Seyfarth Shaw, LLP, Boston, MA, for Respondent. MEMORANDUM AND ORDER SARIS, District Judge. I. Introduction [FN1] FN1. To preserve the secrecy associated with grand jury matters, the Court has used fictitious names for all affected parties and min... UNITED STATES of America v. CHITRON ELECTRONICS COMPANY LIMITED a/k/a Chi-Chuang Electronics Company Limited, Defendants. , D.Mass., November 12, 2009 John A. Capin, B. Stephanie Siegmann, United States Attorney's Office, Boston, MA, for Plaintiff. H. Reed Witherby, Smith & Duggan LLP, Boston, MA, for Defendant. MEMORANDUM AND ORDER SARIS, District Judge. Defendant Shenzhen Chitron Electronics Company Limited ("Chitron- China") [FN1] is charged with the allegedly illegal export of defense articles and technology controlled by the Department of Commerce from the United States to the People's Republic of China. [FN2] Pursuant to Fed.R.C... In re FITZHUGH. , D.Mass., November 10, 2009 MEMORANDUM AND ORDER ON APPEAL FROM ORDER OF DISMISSAL OF THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS (EASTERN DIVISION) (HON. JOAN N. FEENEY, UNITED STATES BANKRUPTCY JUDGE) STEARNS, District Judge. INTRODUCTION Jacquelyn Fitzhugh, pro se, appeals the dismissal of her voluntary Chapter 13 case by the Bankruptcy Court (Feeney, J.). The Bankruptcy Court allowed the Trustee's motion to dismiss based on Fitzhugh's admitted failure to file an objection prior to the court-o... UNITED STATES of America, v. Orlando L. WATKINS, Defendant. , D.Mass., November 10, 2009 MEMORANDUM AND ORDER RE: DEFENDANT'S MOTION TO SUPPRESS GERTNER, District Judge. Orlando L. Watkins ("Watkins") moves to suppress the loaded gun and nylon stocking cap that police officers found on him during his arrest on December 5, 2008. The gun forms the basis for the sole count against him-felon- in-possession of a firearm. See18 U.S.C. § 922(g)(1). He contends that the gun and cap were fruits of an illegal search, or perhaps more accurately, fruits of an illegal seizure. In either case,... UNITED STATES of America v. Tony DIEP, a/k/a Long on Diep, Defendant. , D.Mass., November 10, 2009 MEMORANDUM WITH REGARD TO GOVERNMENT'S MOTION FOR DETENTION (Document No. 2) NEIMAN, United States Magistrate Judge. Tony Diep ("Defendant") has been named in a four count indictment out of the Western District of New York dated October 1, 2009, charging him with a conspiracy between 2007 and April of 2008 to possess with intent to distribute and distributing 100 kilograms or more of marijuana, conspiracy to import 100 kilograms of marijuana from Canada, and wire fraud, in violation, variousl... Edward G. WRIGHT, Petitioner, v. John MARSHALL, Respondent. , D.Mass., November 9, 2009 MEMORANDUM AND ORDER SARIS, District Judge. INTRODUCTION On April 10, 1985, a Massachusetts state court jury convicted petitioner Edward G. Wright of the murder of Penny Anderson, and sentenced him to life in prison without the possibility of parole. Unable to prevail on three separate motions for a new trial, Wright filed a petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2254 on March 10, 1998. On September 24, 1999, this Court denied Wright's petition. Wright promptly moved fo... Joseph AGUIAR v. Lois RUSSO. , D.Mass., November 6, 2009 Joseph Aguiar, New Bedford, MA, pro se. David Slade, Massaschusetts Department of Corrections, Boston, MA, for Lois Russo. MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT STEARNS, District Judge. On March 9, 2009, Joseph Aguiar, acting pro se, filed this federal civil rights action against Lois Russo, Superintendent of the Souza Baranowski Correctional Center (SBCC), the Commonwealth of Massachusetts, and Assistant District Attorneys Joa... UNITED STATES of America, Plaintiff-Respondent, v. Frank J. JIMINEZ, Defendant-Petitioner. , D.Mass., November 6, 2009 MEMORANDUM AND ORDER REGARDING MOTION FOR CERTIFICATE OF APPEALABILITY (Dkt. No. 6) PONSOR, District Judge. Petitioner filed his Motion to Vacate following his conviction for multiple firearms counts, including a charge of possessing a firearm in furtherance of drug trafficking crime under 18 U.S.C. § 924(c). Conviction on the latter count required the court to impose a consecutive sentence of 60 months, making Petitioner's term of confinement 170 months. The Motion to Vacate relied la... Paul BALBONI v. The TOWN OF PLYMOUTH. , D.Mass., November 6, 2009 Joseph R. Gallitano, Attorney Joseph Gallitano & Associates, Plymouth, MA, for Paul Balboni. Leonard H. Kesten, Thomas R Donohue, Brody, Hardoon, Perkins & Kesten, Boston, MA, for The Town Of Plymouth. MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT STEARNS, District Judge. Plaintiff Paul Balboni brings this claim under 42 U.S.C. § 1983, alleging a violation of his rights under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. [FN1... UNITED STATES of America, v. John Javier CAMACHO, Pablo Aguilar-Sanchez, Anderson Arteaga, Antonio Narvaez, Pedro Desales, Faustino Sanchez, Edward Moore, and Curtis Best, Defendants. , D.Mass., November 4, 2009 Zachary R. Hafer, United States Attorney's Office, Boston, MA, for United States of America. Robert L. Sheketoff, Boston, MA, for Defendants. MEMORANDUM AND ORDER RE: MOTION TO SUPPRESS EVIDENCE FROM TITLE III WIRETAPS GERTNER, District Judge. I. INTRODUCTION Defendants John Camacho ("Camacho"), Pablo Aguilar-Sanchez ("Aguilar- Sanchez), Anderson Arteaga ("Arteaga"), Antonio Narvaez ("Narvaez"), Pedro Desales ("Desales"), and Faustino Sanchez ("Sanchez") have filed a motion to suppress e... BRAINTREE LABORATORIES, INC., Braintree Holdings and Braintree Real Estate Management Company, LLC, Plaintiffs, v. CITIGROUP GLOBAL MARKETS, INC., Defendant. , D.Mass., November 4, 2009 Barry S. Pollack, Phillip Rakhunov, Joshua L. Solomon, Sullivan & Worcester LLP, Boston, MA, for Plaintiffs. Brandon L. Bigelow, Robert A. Buhlman, Bingham McCutchen LLP, Boston, MA, Susanna M. Buergel, Charles E. Davidow, Brad S. Karp, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for Defendant. MEMORANDUM & ORDER GORTON, District Judge. Plaintiffs Braintree Laboratories, Inc. ("Braintree Labs"), Braintree Holdings and Braintree Real Estate Management Company, LLC (togethe... UNITED STATES of America v. Carlos RODRIGUEZ, Defendant. , D.Mass., November 4, 2009 Donald L. Cabell, United States Attorney's Office, Boston, MA, for Plaintiff USA. Raymond A. O'Hara, Worcester, MA, William W. Fick, Stylianus Sinnis, Federal Public Defender Office District of Massachusetts, Boston, MA, for Defendant Carlos Rodriguez also known as Edwin Santiago. MEMORANDUM AND ORDER SARIS, District Judge. I. Introduction Pursuant to Fed.R.Crim.P. 33, Defendant Carlos Rodriguez moved for a new trial on the ground that a pocket-sized copy of the New Testament was seen in ... UNITED STATES of America v. Edward Jamal WHITE, Defendant. , D.Mass., November 3, 2009 OPINION AND ORDER O'TOOLE, District Judge. The defendant, Edward Jamal White, is charged with being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). He has moved to suppress a firearm and ammunition found on his person during a warrantless search, arguing that the police lacked reasonable suspicion to stop him. For the reasons discussed below, both his request for an evidentiary hearing and his motion to suppress are DENIED. I. Summary of Facts From ... PSMG INTERNATIONAL, INC. v. NODINE'S SMOKEHOUSE, INC. , D.Mass., November 3, 2009 Dean Carnahan, Law Offices of Dean Carnahan, Arlington, MA, for PSMG International, Inc. Sandy S. Shen, Peter Francis Carr, II, Eckert Seamans Cherin & Mellott, LLC, Boston, MA, for Nodine's Smokehouse, Inc. MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT STEARNS, District Judge. On February 15, 2008, PSMG International, Inc., brought this action against Nodine's Smokehouse, Inc. (Nodine's), for breach of contract, negligence, and violations of Mass Gen. Laws ch. 93A. [FN... UNITED STATES of America v. Frank IACABONI, Defendant. , D.Mass., November 3, 2009 Kristina E. Barclay, Michael L. Tabak, Natashia Tidwell, John A. Wortmann, Jr., Fred M. Wyshak, Jr., U.S Attorney's Office, Boston, MA, Joseph Wheatley, U.S. Department of Justice, Washington, DC, for United States of America. John H. Brazilian, Thomas J. Butters, Butters Brazilian LLP, Boston, MA, Alan Caplan, San Francisco, CA, for Defendant. MEMORANDUM & ORDER GORTON, District Judge. Before the Court are two motions to reconsider filed on behalf of defendant Frank Iacaboni ("Iacaboni"... Paul Thomas BOROSAVAGE, Administrator of the Estate of Eugene Borosavage, Plaintiff, v. UNITED STATES of America, Defendant. , D.Mass., November 3, 2009 Andrew C. Meyer, Jr., Adam R. Satin, Lubin & Meyer, P.C., Boston, MA, for Plaintiff. Anita Johnson, Christine J. Wichers, United States Attorney's Office, Boston, MA, for Defendant. MEMORANDUM OF DECISION GORTON, District Judge. This is a wrongful death action brought by Plaintiff Paul Thomas Borosavage ("Paul"), the appointed Administrator of the Estate of Eugene Borosavage ("Eugene", "Mr. Borosavage" or "the Decedent"), against the United States pursuant to the Federal Tort Claims Act ... Deborah KAUFMANN v. PRUDENTIAL INSURANCE COMPANY OF AMERICA. , D.Mass., November 3, 2009 Patrick C. DiCarlo, Nancy Pridgen, Alston & Bird LLP, Atlanta, GA, Joseph F. Ryan, Lyne, Woodworth & Evarts LLP, Boston, MA, for Defendant. Jonathan M. Feigenbaum, Phillips & Angley, Boston, MA, for Plaintiff. MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO DISMISS FOR IMPROPER VENUE, OR IN THE ALTERNATIVE, TO TRANSFER VENUE STEARNS, District Judge. This case arises from a claim for long-term disability benefits under an Employee Benefit Plan (Plan) covered by the Employee Retirement Inco... UNITED STATES of America, v. Chris BRYANT, Defendant. , D.Mass., October 30, 2009 John A. Wortmann, Jr., United States Attorney's Office, Boston, MA, for Plaintiff. William W. Fick, Federal Defender's Office, District of Massachusetts, Boston, MA, for Defendant. MEMORANDUM & ORDER GORTON, District Judge. Upon remand from the First Circuit Court of Appeals, this Court held a re-sentencing hearing on October 23, 2009, took the matter under advisement and now publishes its ruling. I. Background On September 14, 2007, the defendant, Chris Bryant ("Bryant"), pled guilty... Juan ESPINAL v. NATIONAL GRID NE HOLDINGS 2 LLC and Keyspan New England, LLC. , D.Mass., October 30, 2009 MEMORANDUM AND ORDER ON DEFENDANTS' MOTION FOR JOINDER STEARNS, District Judge. On April 14, 2009, Juan Espinal brought this action for unlawful discrimination, harassment, and retaliation against his employer, National Grid NE Holdings 2 LLC. [FN1] On June 30, 2009, defendants filed a motion to join Espinal's union, Local No. 318, Brotherhood of Utility Workers, AFL-CIO, as an indispensable party. Espinal opposes the motion. FN1. Espinal also names as a defendant KeySpan New England,... Olivia HALL v. FMR CORPORATION and Neil Goulding. , D.Mass., October 30, 2009 Paul H. Merry, Attorney at Law, Boston, MA, for Olivia Hall. John T. McCarthy, Christopher W. Sanzone, Sanzone & McCarthy, Wellesley, MA, for FMR Corporation and Neil Goulding. MEMORANDUM AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT STEARNS, District Judge. BACKGROUND On October 31, 2005, Olivia Hall resigned from defendant FMR Corporation (FMR) [FN1], a national financial services firm, because of "health and emotional problems" that she attributed to "differential treatment." T... In re MIDNIGHT PASS INCORPORATED, Debtor. KITTYWALK SYSTEMS, INC, Jeff King, and Lise King, Plaintiffs v. MIDNIGHT PASS INCORPORATED, Barret Distribution Centers, Inc., Bradford D. White Julie Anne White, and San Jose Distribution Services, Inc., , D.Mass., October 30, 2009 MEMORANDUM FEENEY, Bankruptcy J. I. INTRODUCTION The matter before the Court is the "Emergency Motion of Bradford D. White, Julie Anne White and Debtor Midnight Pass Inc. to Request Short Order Notice Motion for Contempt of Court for Failure to Obey Court Order and Violation of This Court Order dated 6/17/09 for Turn Over of Property" [sic] (the "Contempt Motion"). Bradford D. White ("Mr.White"), the principal of the Chapter 11 debtor, Midnight Pass Incorporated (the "Debtor" or "Midni... Bristout BOURGUIGNON, Petitioner v. Frederick B. MacDONALD, Sheriff Franklin County et al., Respondents. , D.Mass., October 30, 2009 Lauren Carasik, Western New England, College School of Law, Springfield, MA, Michael J. Wishnie, Yale Law School, New Haven, CT, for Petitioner. Karen L. Goodwin, United States Attorney's Office, Springfield, MA, for Respondents. MEMORANDUM AND ORDER REGARDING PETITION FOR WRIT OF HABEAS CORPUS AND RESPONDENTS' MOTION TO DISMISS (Dkt. Nos. 1 & 15) PONSOR, District Judge. I. INTRODUCTION Petitioner Bristout Bourguignon, a native and citizen of Haiti, is presently in detention at the Frankl... Somsanit THONGSENG, Petitioner, v. UNITED STATES of America, Respondent. , D.Mass., October 28, 2009 MEMORANDUM AND ORDER ON ORDER ON MOTION UNDER 28 U.S.C. § 2255 SAYLOR, District Judge. This is a motion to vacate, set aside, or correct a sentence by a person in federal custody pursuant to 28 U.S.C. § 2255. Petitioner Somsanit Thongseng seeks to set aside his sentence on the grounds (1) that he received ineffective assistance of counsel because his counsel failed to file a motion for downward departure based on his immigration status; (2) that he received ineffective assistance of counsel b... Michele C. KRAUSE, Plaintiff, v. UPS SUPPLY CHAIN SOLUTIONS, INC., Defendant. , D.Mass., October 28, 2009 Jonathan J. Margolis, Lori A. Jodoin, Rodgers, Powers & Schwartz LLP, Boston, MA, for Plaintiff. Susan J. Baronoff, Lauren R. Holland, Murtha Cullina LLP, Boston, MA, for Defendant. MEMORANDUM AND ORDER DOUGLAS P. WOODLOCK, District Judge. The Plaintiff, Michele C. Krause, a New Hampshire resident, brought this action against her former employer UPS Supply Chain Solutions, Inc. (the "Defendant" or "UPS SCS"), a corporation authorized to do business, and with a usual place of business, in... AMERICAN MEDICAL SYSTEMS, INC. and Laserscope, Inc., Plaintiffs v. BIOLITEC, INC., et al., Defendants. , D.Mass., October 28, 2009 Edward A. Mas, II, Jonathan M. Rushman, Leland G. Hansen, Ronald H. Spuhler, Scott P. McBride, McAndrews, Held & Malloy, Ltd., Chicago, IL, Ernest V. Linek, Banner & Witcoff, Ltd., Boston, MA, for Plaintiffs. David M. Ianelli, McCarter & English, LLP, Boston, MA, Eric E. Grondahl, James F. Dedonato, Mark D. Giarratana, McCarter & English, LLP, Francis H. Morrison, III, Axinn Veltrop & Harkrider, Hartford, CT, James P. Doyle, Axinn, Veltrop & Harkrider LLP, New York, NY, for Defendants. MEMO... Nicholas ESTEVEZ, Petitioner, v. UNITED STATES of America, Respondent. , D.Mass., October 23, 2009 David H. Hennessy, U.S. Attorney's Office, Worcester, MA, for Respondent. MEMORANDUM & ORDER GORTON, District Judge. Before the Court is the motion of Petitioner Nicholas Estevez ("Estevez") for a certificate of appealability ("COA"). Estevez seeks to appeal this Court's Order dismissing his motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255. I. Background In 2002, Estevez was convicted of one count of conspiracy to distribute cocaine base and two counts of pos... Lolita WILEY, individually and on behalf of all others similarly situated, Plaintiff, v. GERBER PRODUCTS COMPANY, Defendant. , D.Mass., October 23, 2009 Saba B. Hashem, Jay M. Wolman, D'Angelo & Hashem, LLC, Lawrence, MA, Patrick J. Sheehan, Whatley Drake & Kallas, Boston, MA, for Plaintiff. Bryan A. Merryman, White & Case LLP, Los Angeles, CA, Jeffrey W. Moss, Morgan Lewis & Bockius LLP, Boston, MA, for Defendant. MEMORANDUM & ORDER GORTON, District Judge. Plaintiff Lolita Wiley ("Wiley") filed a class action complaint against Gerber Products Company ("Gerber") alleging various claims under Massachusetts and New Jersey state law soundi... Tyrone WILLIAM, Petitioner, v. UNITED STATES of America, Respondent. , D.Mass., October 23, 2009 MEMORANDUM AND ORDER ON PETITION FOR WRIT OF HABEAS CORPUS SAYLOR, District Judge. This is a petition for a writ of habeas corpus pursuant to 28 U.S .C. § 2255. Petitioner Tyrone William seeks habeas relief on grounds that he received ineffective assistance of counsel because his counsel (1) failed to conduct a pre-trial investigation into a potential alibi and to present such evidence as a defense; (2) failed to investigate and interview a key witness; (3) failed to object to the prosecutor'... Robert JONES and Darnell Jones v. VERIZON COMMUNICATIONS, INC. , D.Mass., October 23, 2009 MEMORANDUM AND ORDER ON DEFENDANT'S MOTION FOR PARTIAL JUDGMENT AS A MATTER OF LAW STEARNS, District Judge. This action was brought by plaintiffs Robert and Darnell Jones following their termination from employment by defendant Verizon Communications, Inc. (Verizon). Plaintiffs allege claims for age, gender, race, and disability discrimination, association discrimination, failure to reasonably accommodate, retaliation for engaging in protected activities and by association, interference with ... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com