U.S. District Courts - Maine ©   Coverage   Help   Search Westlaw   Topic: AllCivil RightsCriminal JusticeEducationEnvironmental LawFamily LawFirst AmendmentGovernment BenefitsHealth & MedicineIntellectual PropertyLabor & EmploymentLegal EthicsNative Americans LawPension & Retirement Benefits Irene D. IEZZI, Plaintiff v. Michael J. ASTRUE, Defendant. , D.Me., November 18, 2009 Daniel W. Emery, Yarmouth, ME, for Plaintiff. Amy C. Bland, Mark J. Mendola, Social Security Administration Office of General Counsel, Region I, Boston, MA, for Defendant. ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE GEORGE Z. SINGAL, District Judge. No objections having been filed to the Magistrate Judge's Recommended Decision (Docket No. 11) filed October 27, 2009, the Recommended Decision is AFFIRMED. Accordingly, it is ORDERED that the Decision of the Commissioner... Anthony P. KEYTER, Plaintiff, v. SENATORS OF THE 111th CONGRESS, Defendant. Anthony P. Keyter, Plaintiff, v. Justices of the United Supreme Court, Defendant. Anthony P. Keyter, Plaintiff, v. Barack Obama and Cabinet of the President, Defendan, D.Me., November 17, 2009 ORDER AFFIRMING RECOMMENDED DECISIONS JOHN A. WOODCOCK, JR., Chief District Judge. On October 8, 2009, Anthony Keyter of Gig Harbor, state of Washington, filed three separate actions, each captioned "Criminal Charges Lodged Against" certain individuals and/or institutional entities. The allegations in each complaint are the same; the only difference is the named defendants. On November 6, 2009, the United States Magistrate Judge filed with the Court her Recommended Decision for all three comp... Charles D. STERGIOS, Plaintiff v. David EBBERT, Warden, FCI Allenwood, Defendant. , D.Me., November 17, 2009 Charles D. Stergios, Brooklyn, NY, pro se. ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE GEORGE Z. SINGAL, District Judge. The United States Magistrate Judge filed with the Court on November 6, 2009, her Recommended Decision (Docket No. 12). Plaintiff filed his Objection to the Recommended Decision (Docket No. 14) on November 16, 2009. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo dete... UNITED STATES of America v. Anthony JONES, Defendant. , D.Me., November 17, 2009 David B. Joyce, U.S. Attorney's Office, Portland, ME, for Plaintiff. Gail M. Latouf, Law Offices of Gail M. Latouf, Portland, ME, for Defendant. ORDER ON DEFENDANT'S NOTICE CHALLENGING PROOF OF QUALIFYING CONVICTION D. BROCK HORNBY, District Judge. This is a proceeding under 21 U.S.C. § 851. The government filed an Information, charging that the defendant was previously convicted under docket number 97-11646 in Suffolk County Superior Court, Suffolk County, Massachusetts, of a felony dru... UNITED STATES of America v. Lonnell BROWN, Defendant. , D.Me., November 17, 2009 Renee M. Bunker, U.S. Attorney's Office, Portland, ME, for United States of America. ORDER ON MOTION TO REDUCE SENTENCE GEORGE Z. SINGAL, District Judge. Before the Court is the Defendant Lonnell Brown's pro se Motion to Reduce Sentence Pursuant to 18 U.S.C. § 3582(c)(2) (Docket # 489). For the reasons explained below, the Court DENIES the motion. I. BACKGROUND Brown pled guilty to one count of conspiracy to distribute cocaine ("powder") and cocaine base ("crack"). A total of 977.55 gram... Jimmy LIPHAM, Petitioner, v. State of MAINE, Respondent. , D.Me., November 17, 2009 Jimmy Lipham, Warren, ME, pro se. Donald W. Macomber, Office of the Attorney General, Augusta, ME, for Respondent. ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR., Chief District Judge. The United States Magistrate Judge filed with the Court on September 23, 2009 her Recommended Decision. The Plaintiff filed his objections to the Recommended Decision on November 12, 2009. I have reviewed and considered the Magistrate Judge's Recommended Decision, to... LONG TIMERS GROUP, et al., Plaintiffs v. Martin A. MAGNUSSON, in his capacity as Commissioner of the Maine Department of Corrections, et al., Defendants. , D.Me., November 16, 2009 Bruce M. Merrill, Portland, ME, for Plaintiffs. Diane Sleek, Assistant Attorney General, Augusta, ME, for Defendants. AMENDED ORDER ON PENDING MOTIONS [FN1] FN1. The amendment is to substitute the word "putative" for the word "punitive" at page 2, line 2. D. BROCK HORNBY, District Judge. This is a lawsuit by prisoners concerning the Maine Department of Corrections' ("MDOC") mail policy. On March 4, 2009, the Magistrate Judge recommended that I certify a class of the adult inmate pop... In re HANNAFORD BROS. CO. CUSTOMER DATA SECURITY BREACH LITIGATION. , D.Me., November 16, 2009 Peter L. Murray, Esq., Murray, Plumb & Murray, Lewis J. Saul, Lewis Saul & Associates, Portland, ME, for Plaintiffs' Co-Interim Lead Counsel. Clifford Ruprecht, John K. Hatch, Gavin G. McCarthy, Pierce Atwood LLP, Portland, ME, Cynthia L. May, Peter W. Zinober, Greenberg Traurig LLP, Tampa, FL, Michael A. Oakes, Richard L. Wyatt, Jr., Akin Gump Strauss Hauer & Feld LLP, Washington, DC, for Defendants. DECISION AND ORDER REGARDING CHOICE OF LAW D. BROCK HORNBY, District Judge. The defenda... UNITED STATES of America, v. Curtis Todd ZETTERMAN, Defendant. , D.Me., November 16, 2009 Virginia G. Villa, Federal Defender's Office, Bangor, ME, for Defendant. James L. McCarthy, Office of the U.S. Attorney, Bangor, ME, for Plaintiff. RECOMMENDED DECISION MARGARET J. KRAVCHUK, United States Magistrate Judge. Curtis Zetterman, who is charged with possession of a firearm after having been committed to a mental institution, has moved to suppress the firearm seized from his residence following a warrantless search and seizure on October 20, 2008. The United States seeks to jus... In re HANNAFORD BROS. CO. CUSTOMER DATA SECURITY BREACH LITIGATION. , D.Me., November 16, 2009 DECISION AND ORDER REGARDING CHOICE OF LAW D. BROCK HORNBY, District Judge. The defendant, Hannaford Bros. Co. ("Hannaford") has asked me to clarify, before I certify any questions to the Maine Supreme Judicial Court sitting as the Law Court, that Hannaford has conceded that Maine law governs this dispute only for the purposes of the Motion to Dismiss. I DENY the request. BACKGROUND At oral argument on the Motion to Dismiss, I told the parties at the outset that I wanted to discuss with ... Frank ARBOUR, Petitioner, v. UNITED STATES of America, Respondent. , D.Me., November 16, 2009 AMENDED [FN1] ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE FN1. This Amended Order corrects the caption of the case. The Respondent should be United States of America, not State of Maine, that was indicated on the Order Affirming (Docket # 27). JOHN A. WOODCOCK, JR., Chief Judge. No objection having been filed to the Magistrate Judge's Recommended Decision filed October 23, 2009, the Recommended Decision is accepted. Accordingly, it is hereby ORDERED that the Recom... Nulankeyutmonen NKIHTAQMIKON, Plaintiff, v. BUREAU OF INDIAN AFFAIRS, Defendant. , D.Me., November 13, 2009 David K. Mears, Justin E. Kolber, Patrick A. Parenteau, Teresa B. Clemmer, Environmental and Natural Resources Law Clinic, Vermont Law School, South Royalton, VT, Lynne A. Williams, Law Office of Lynne A. Williams, Bar Harbor, ME, for Plaintiff. Evan J. Roth, U.S. Attorney's Office, District of Maine, Portland, ME, Stephanie Yu, Robin A. Friedman, U.S. Department of Justice, Division of General Law, U.S. Department of the Interior, Washington, DC, for Defendant. ORDER ON PLAINTIFF'S REQUES... Frank ARBOUR, Petitioner, v. State of MAINE, Respondent. , D.Me., November 12, 2009 ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR., Chief District Judge. No objection having been filed to the Magistrate Judge's Recommended Decision filed October 23, 2009, the Recommended Decision is accepted. Accordingly, it is hereby ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. It is further ORDERED that the Petitioner's 28 U.S.C. § 2255 Petition (Docket # 1) be and hereby is DENIED. It is further ORDERED... Paul F. DESCOTEAU, et al., Plaintiffs v. ANALOGIC CORPORATION and B-K Medical Systems, Inc., Defendants. , D.Me., November 12, 2009 James M. Mason, Randall E. Smith, Joshua D. Hadiaris, Smith, Elliott, Smith & Garmey, P.A., Saco, ME, Daniel Joseph Kleban, Smith, Elliott, Smith & Garmey, P.A., Portland, ME, for Plaintiffs. John S. Whitman, Elizabeth G. Stouder, Richardson, Whitman, Large & Badger, Portland, ME, for Defendants. ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE GEORGE Z. SINGAL, District Judge. No objections having been filed to the Magistrate Judge's Recommended Decision (Docket No. 23) ... Angelique FURR, Plaintiff v. Michael J. ASTRUE, Commissioner, Social Security, Defendant. , D.Me., November 12, 2009 Francis Jackson, Jackson & MacNichol, Murrough H. O'Brien, Portland, ME, for Plaintiff. Susan B. Donahue, Social Security Administration, Office of General Counsel, Region I, Boston, MA, for Defendant. ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE GEORGE Z. SINGAL, District Judge. No objections having been filed to the Magistrate Judge's Recommended Decision (Docket 14) filed October 15, 2009, the Recommended Decision is AFFIRMED. Accordingly, it is ORDERED that the Co... FRONTIER COMMUNICATIONS CORPORATION f/k/a CITIZENS COMMUNICATIONS COMPANY, Plaintiff v. BARRETT PAVING MATERIALS, INC., et al., Defendants. , D.Me., November 12, 2009 John S. Hahn, Mayer, Brown LLP, Washington, DC, Martha C. Gaythwaite, Brett R. Leland, Esq., Friedman, Gaythwaite, Wolf & Leavitt, Portland, ME, for Plaintiff. Eric L. Hirschhorn, John Fehrenbach, Winston & Strawn, LLP, Jay Varon, Foley & Lardner, Washington, DC, Frederick F. Costlow, Richardson, Whitman, Large & Badger, Bangor, ME, E. Tupper Kinder, Christopher D. Hawkins, Nelson, Kinder, Mosseau & Saturley, P.C., Manchester, NH, for Defendants. ORDER AFFIRMING THE RECOMMENDED DECISION OF... PNC BANK, National Association, Plaintiff v. CRYSTAL TOUCH CAR WASH, LLC and Elite Physical Therapy, Inc. and Erik M. Salminen and Carly R. Smith f/k/a Carly R. Salminen, Defendants. , D.Me., November 12, 2009 Leonard W. Langer, Marshall J. Tinkle, Tompkins, Clough, Hirshon & Langer, Portland, ME, for Plaintiff. Andrew J. Kull, Law Office Of Andrew J. Kull, Auburn, ME, David B. McConnell, Perkins Thompson, PA, Portland, ME, for Defendants. ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT D. BROCK HORNBY, District Judge. The defendants Erik M. Salminen and Elite Physical Therapy, Inc. have failed to respond to the plaintiff's motion for summary judgment. Under Local Rule 56, therefore, the plai... LONG TIMERS GROUP, et al., Plaintiffs v. Martin A. MAGNUSSON, in his capacity as Commissioner of the Maine Department of Corrections, et al., Defendants. , D.Me., November 12, 2009 Bruce M. Merrill, Portland, ME, for Plaintiffs. Diane Sleek, Assistant Attorney General, Augusta, ME, for Defendants. ORDER ON PENDING MOTIONS D. BROCK HORNBY, District Judge. This is a lawsuit by prisoners concerning the Maine Department of Corrections' ("MDOC") mail policy. On March 4, 2009, the Magistrate Judge recommended that I certify a class of the adult inmate population of all MDOC facilities under Fed.R.Civ.P. 23(b)(2). Later, however, differences arose between the prisoners an... Donald TRAFFORD, Plaintiff, v. CITY OF WESTBROOK, Defendant. , D.Me., November 12, 2009 Andrew T. Mason, Howard T. Reben, Adrienne S. Hansen, Reben, Benjamin, & March, Portland, ME, for Plaintiff. Mark E. Dunlap, Norman, Hanson & Detroy, Portland, ME, for Defendant. ORDER ON MOTION FOR SUMMARY JUDGMENT GEORGE Z. SINGAL, District Judge. Firefighter Donald Trafford sued his employer, the City of Westbrook, alleging deprivations of his right to procedural due process in violation of the Maine and United States Constitutions and 42 U.S.C. § 1983. He claims the City failed to pr... ANIMAL WELFARE INSTITUTE, et al., Plaintiffs, v. Roland D. MARTIN, Commissioner of the Maine Department of Inland Fisheries and Wildlife, Defendant. , D.Me., November 10, 2009 Judith M. Brawer, Law Office of Judith M. Brawer, Boise, ID, Lynne A. Williams, Law Office of Lynne A. Williams, Bar Harbor, ME, for Plaintiffs. Christopher C. Taub, Nancy M. Macirowski, Office of the Attorney General, Augusta, ME, for Defendant. FINDINGS OF FACT AND CONCLUSIONS OF LAW JOHN A. WOODCOCK, JR., Chief Judge. The Court denies the Plaintiffs' request for permanent injunction against the state of Maine's current trapping regulations because it finds that the Plaintiffs have fai... Byron N. RAYNES, Petitioner, v. MAINE, State of, Respondent. , D.Me., November 10, 2009 Byron N. Raynes, Warren, ME, pro se. ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR., Chief Judge. The United States Magistrate Judge filed with the Court on October 30, 2009 her Recommended Decision. The Plaintiff filed his objections to the Recommended Decision on November 10, 2009. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicate... Anthony P. KEYTER, Plaintiff v. Barack OBAMA and Cabinet of the President, Defendants. , D.Me., November 6, 2009 Anthony P. Keyter, Gig Harbor, WA, pro se. RECOMMENDED DECISION MARGARET J. KRAVCHUK, United States Magistrate Judge. Anthony Keyter of Gig Harbor, Washington, has filed three separate actions with this court, each of them captioned as "Criminal Charges Lodged Against" certain individuals and/or institutional entities. This case is captioned as a criminal complaint against the "President Barack Obama and Cabinet." The other two cases are brought against "Justices of the U.S. Supreme Court" ... Daniel O. RUFFIN, Plaintiff, v. Bruce BRANN, et al., Defendants. , D.Me., November 5, 2009 Daniel O. Ruffin, Machiasport, ME, pro se. Martha J. Hallisey-Swift, Maine Attorney General's Office, Augusta, ME, for Defendants. ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR., Chief Judge. No objection having been filed to the Magistrate Judge's Recommended Decision filed October 13, 2009, the Recommended Decision is accepted. Accordingly, it is hereby ORDERED that the Motion to Dismiss (Docket # 24) be and hereby is GRANTED and so much of th... Patricia Fountain PRESCOTT, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., November 5, 2009 Francis Jackson, Jackson & MacNichol, Murrough H. O'Brien, Portland, ME, for Plaintiff. Jason W. Valencia, Susan B. Donahue, Social Security Administration, Office Of General Counsel, Region I, Boston, MA, for Defendant. ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR., Chief Judge. The United States Magistrate Judge filed with the Court on September 30, 2009 his Recommended Decision. The Plaintiff filed her objections to the Recommended Decision on ... Melissa KNOWLES, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., November 3, 2009 Francis Jackson, Jackson & MacNichol, Portland, ME, Murrough H. O'Brien, Portland, ME, for Plaintiff. Dino L. Trubiano, Social Security Administration, Office of General Counsel, Region I, Joseph Dunn, Boston, MA, for Defendant. REPORT AND RECOMMENDED DECISION [FN1] FN1. This action is properly brought under 42 U.S.C. §§ 405(g) and 1383(c)(3). The commissioner has admitted that the plaintiff has exhausted her administrative remedies. The case is presented as a request for judicial review by... Richard RODRIGUE, Movant, v. UNITED STATES of America, Respondent. , D.Me., November 3, 2009 Richard Rodrigue, Ayer, MA, pro se. Margaret D. Mcgaughey, U.S. Attorney's Office, Portland, ME, for Respondent. RECOMMENDED DECISION ON 28 U.S.C. § 2255 MOTION MARGARET J. KRAVCHUK, United States Magistrate Judge. Richard Rodrigue was sentenced by this court on March 20, 2008, to a total term of 120-months on three counts after the jury convicted him on two drug counts and one firearm count. He did pursue a direct appeal arguing a singular claim: he challenged the sufficiency of the pro... Donna L. INMAN, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., November 3, 2009 Francis Jackson, Jackson & MacNichol, Murrough H. O'Brien, Portland, ME, for Plaintiff. Joseph Dunn, Boston, MA, for Defendant. REPORT AND RECOMMENDED DECISION [FN1] FN1. This action is properly brought under 42 U.S.C. §§ 405(g) and 1383(c)(3). The commissioner has admitted that the plaintiff has exhausted her administrative remedies. The case is presented as a request for judicial review by this court pursuant to Local Rule 16.3(a)(2)(A), which requires the plaintiff to file an itemized st... Michael SHANNON, Plaintiff v. Sarto Anthony SASSEVILLE, Defendant. , D.Me., November 3, 2009 Robert M. Morris, Theodore H. Irwin, William P. Logan, Irwin, Tardy and Morris, P.A., Portland, ME, for Plaintiff. Robert E. Mittel, Mittel Asen LLC, Portland, ME, for Defendant. ORDER ON DISCOVERY DISPUTE JOHN H. RICH III, United States Magistrate Judge. By letter dated September 21, 2009, counsel for the defendant notified the court that a discovery dispute had arisen between the parties regarding three witnesses identified by the defendant after the close of discovery. I held a teleph... Roger DESJARDINS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., November 3, 2009 ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR., Chief Judge. The United States Magistrate Judge filed with the Court on September 28, 2009 his Recommended Decision. The Plaintiff filed his objections to the Recommended Decision on October 14, 2009 and the Defendant filed his response to those objections on November 2, 2009. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo ... Daniel M. DWYER, Petitioner, v. MAINE, State of, Respondent. , D.Me., November 2, 2009 ORDER FOR THE STATE TO PROVIDE ADDITIONAL BRIEFING ON DANIEL DWYER'S 28 U.S.C. § 2254 PETITION MARGARET J. KRAVCHUK, United States Magistrate Judge. Daniel Dwyer has filed a 28 U.S.C. § 2254 petition alleging a multi- layered ineffective assistance of counsel ground. According to the State of Maine these grounds were fully adjudicated in Dwyer's state post-conviction proceeding. Other than reciting the procedural history of Dwyer's state court's efforts at vindication and submitting the st... Ashli C. BOSSI, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., October 31, 2009 Daniel W. Emery, Yarmouth, ME, for Plaintiff. Dino L. Trubiano, Jason W. Valencia, Social Security Administration, Office of General Counsel, Boston, MA, for Defendant. REPORT AND RECOMMENDED DECISION [FN1] FN1. This action is properly brought under 42 U.S.C. § 1383(c)(3). The commissioner has admitted that the plaintiff has exhausted her administrative remedies. The case is presented as a request for judicial review by this court pursuant to Local Rule 16.3(a)(2)(A), which requires the pla... Gale A. CRAWFORD, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., October 31, 2009 Paul Aranson, Paul Aranson Law Office, Sanford, ME, for Plaintiff. Dino L. Trubiano, Susan B. Donahue, Social Security Administration, Office Of General Counsel, Boston, MA, for Defendant. REPORT AND RECOMMENDED DECISION [FN1] FN1. This action is properly brought under 42 U.S.C. § 405(g). The commissioner has admitted that the plaintiff has exhausted her administrative remedies. The case is presented as a request for judicial review by this court pursuant to Local Rule 16.3(a)(2)(A), which ... Eunice and Gary MANUEL, Plaintiffs, v. CITY OF BANGOR, et al., Defendants. , D.Me., October 30, 2009 Eunice Manuel, Bangor, ME, pro se. Gary Manuel, Bangor, ME, pro se. Edward R. Benjamin, Jr., Thompson & Bowie, LLP, Evan J. Roth, U.S. Attorney's Office District of Maine, Rufus E. Brown, Brown & Burke, Portland, ME, Ronald W. Lupton, Maine Attorney General's Office, Augusta, ME, Gregory A. Brodek, Duane Morris LLP, Bangor, ME, for Defendant. RECOMMENDED DECISION ON MOTION TO DISMISS FILED BY FEDERAL DEFENDANTS (Doc. No. 22) MARGARET J. KRAVCHUK, United States Magistrate Judge. Eunice... Donald BISSON, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., October 30, 2009 Francis Jackson, Jackson & MacNichol, Portland, ME, for Plaintiff. Susan B. Donahue, Social Security Administration, Office of General Counsel, Boston, MA, for Defendant. RECOMMENDED DECISION ON PLAINTIFF'S MOTION FOR AWARD OF ATTORNEY FEES JOHN H. RICH III, United States Magistrate Judge. The plaintiff, who prevailed before the commissioner following remand of this Social Security benefits case, moves pursuant to 42 U .S.C. § 406(b) for an award of attorney fees in the amount of $17,505... Byron N. RAYNES, Petitioner, v. State of MAINE, Respondent. , D.Me., October 30, 2009 Byron N. Raynes, Warren, ME, pro se. RECOMMENDED DECISION ON 28 U.S.C. § 2254 PETITION MARGARET J. KRAVCHUK, United States Magistrate Judge. Byron Raynes has filed a 28 U.S.C. § 2254 petition attacking his 1990 sentence of 75 years imposed after he was convicted of murder and kidnapping. I recommend that the petition be summarily dismissed pursuant to Rule Governing Section 2254 Proceedings 4 because on the face of the petition and the exhibits submitted by Raynes his petition is untimely u... April Lynn CURTIS, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., October 30, 2009 Daniel W. Emery, Yarmouth, ME, for Plaintiff. Jason W. Valencia, Mark J. Mendola, Social Security Administration, Office of General Counsel, Boston, MA, for Defendant. REPORT AND RECOMMENDED DECISION [FN1] FN1. This action is properly brought under 42 U.S.C. §§ 405(g) and 1383(c)(3). The commissioner has admitted that the plaintiff has exhausted her administrative remedies. The case is presented as a request for judicial review by this court pursuant to Local Rule 16.3(a)(2)(A), which requi... Tracy MEGGISON, Plaintiff, v. MAINE, State of, Defendants. , D.Me., October 30, 2009 Tracy Meggison, Warren, ME, pro se. ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR., Chief Judge. The United States Magistrate Judge filed with the Court on October 22, 2009 her Recommended Decision. The Plaintiff filed his objections to the Recommended Decision on October 29, 2009. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudica... Jonathan MARZOLL, Plaintiff v. MARINE HARVEST US, INC., et al., Defendants. , D.Me., October 30, 2009 R. Terrance Duddy, Kelly, Remmel & Zimmerman, Portland, ME, for Plaintiff. Jason C. Barrett, Ryan P. Dumais, William B. Devoe, Jonathan Andrew Pottle, Eaton Peabody, Bangor, ME, for Defendants. MEMORANDUM DECISION AND ORDER ON MOTION TO QUASH JOHN H. RICH III, United States Magistrate Judge. The plaintiff moves to quash a subpoena duces tecum served on his expert Lauren A. Hebert on September 1, 2009, on grounds, inter alia, that the subpoena, a form of discovery, was issued after the cl... Jason MANNIX, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., October 30, 2009 Francis Jackson, Jackson & Macnichol, Murrough H. O'Brien, Portland, ME, for Plaintiff. Jason W. Valencia, Susan B. Donahue, Social Security Administration, Office of General Counsel, Boston, MA, for Defendant. ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR., Chief Judge. The United States Magistrate Judge filed with the Court on September 28, 2009 his Recommended Decision. The Plaintiff filed his objections to the Recommended Decision on October 16... Bruce J. KENNEWAY, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., October 30, 2009 Bruce John Kenneway, Old Town, ME, pro se. Dino L. Trubiano, Joseph Dunn, Social Security Administration, Office of General Counsel, Region I, Boston, MA, for Defendant. ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR., Chief Judge. The United States Magistrate Judge filed with the Court on September 29, 2009 his Recommended Decision. The Plaintiff filed his objections to the Recommended Decision on October 9, 2009 and October 13, 2009 and the Defend... Randall KNOWLES, Plaintiff v. STATE of Maine, et al., Defendants. , D.Me., October 29, 2009 Maine State Prison, Warren, Me, pro se. Diane Sleek, Assistant Attorney General, Augusta, ME, for Defendants. RECOMMENDED DECISION ON MOTION TO DISMISS MARGARET J. KRAVCHUK, United States Magistrate Judge. Randall Knowles brought this action to seek redress for harassment he allegedly suffered at the Downeast Correctional Facility. The only defendants remaining in this action are Allen Devericks, Harry Beal, Jr., David Garrison, James Case, and Denise Sullivan. Knowles complains that the... Randall B. HOFLAND, Plaintiff v. R. THOMPSON, et al., Defendants. , D.Me., October 29, 2009 Randall B. Hofland, Madison, ME, pro se. Cassandra S. Shaffer, Wheeler & Arey, P.A., Waterville, ME, for Defendants. RECOMMENDED DECISION MARGARET J. KRAVCHUK, United States Magistrate Judge. Randall Hofland has filed multiple civil actions in this court within the last year. [FN1] In this lawsuit he has sued Twin Bridges Regional Jail and several corrections officers. Hofland was housed as a pretrial detainee at Twin Bridges from April 15, 2009, until sometime in June 2009, when the cou... Keith COLEMAN, o/b/o A.P., Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., October 29, 2009 Francis Jackson Jackson & Macnichol, Murrough H. O'Brien, Portland, ME, for Plaintiff Keith Coleman on behalf of AC. Jason W. Valencia, Social Security Administration Office of General Counsel, Region I, Joseph Dunn, Boston, MA, for Defendant Social Security Administration Commissioner. REPORT AND RECOMMENDED DECISION [FN1] FN1. This action is properly brought under 42 U.S.C. § 1383(c). The commissioner has admitted that the plaintiff has exhausted his administrative remedies. The case is p... Stanley WILLIAMS, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., October 29, 2009 Francis Jackson, Jackson & MacNichol, POrtland, ME, for Plaintiff. Susan B. Donahue, Social Security Administration Office of General Counsel, Region I, Boston, MA, for Defendant. MEMORANDUM DECISION AND ORDER ON MOTION TO STRIKE JOHN H. RICH III, United States Magistrate Judge. The commissioner moves to strike in its entirety the complaint filed in the instant matter for non-conformance with Local Rule 3(c). See Motion To Strike Non-Conforming Pleading ("Motion") (Docket No. 7). Alterna... Bonnie BISHOP, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., October 29, 2009 Francis Jackson, Jackson & MacNichol, Portland, ME, for Plaintiff. Susan B. Donahue, Social Security Administration, Office of General Counsel, Region I, Boston, MA, for Defendant. MEMORANDUM DECISION AND ORDER ON MOTION TO STRIKE JOHN H. RICH III, United States Magistrate Judge. The commissioner moves to strike in its entirety the complaint filed in the instant matter for non-conformance with Local Rule 3(c). See Motion To Strike Non-Conforming Pleading ("Motion") (Docket No. 7). Altern... Guy MALOON, II, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., October 29, 2009 Francis Jackson, Jackson & Macnichol Portland, ME, for Plaintiff. Susan B. Donahue, Social Security Administration Office of General Counsel, Boston, MA, for Defendant. MEMORANDUM DECISION AND ORDER ON MOTION TO STRIKE JOHN H. RICH III, United States Magistrate Judge. The commissioner moves to strike in its entirety the complaint filed in the instant matter for non-conformance with Local Rule 3(c). See Motion To Strike Non-Conforming Pleading ("Motion") (Docket No. 7). Alternatively, he ... H-D MICHIGAN, LLC, and Harley-Davidson Motor Company Group, LLC d/b/a Harley- Davidson Motor Company, Plaintiffs, v. Pat HANNON d/b/a Big Daddy's Barbeque, Defendant. , D.Me., October 28, 2009 AMENDED JUDGMENT GEORGE Z. SINGAL, District Judge. This matter is before the Court on the Motion for Default Judgment filed by Plaintiffs H-D Michigan, LLC and Harley-Davidson Motor Company Group, LLC d/b/a Harley-Davidson Motor Company ("Harley-Davidson" or "Plaintiffs") against Defendant Pat Hannon d/b/a Big Daddy's Barbeque ("Defendant") on Counts 1, 2 and 4 of Plaintiffs' Complaint. Having evaluated Harley-Davidson's Memorandum in support of its Motion for Default Judgment on Counts 1,... Glenn DUCKWORTH, Plaintiff, v. MID-STATE MACHINE PRODUCTS, Defendant. , D.Me., October 28, 2009 Chad T. Hansen, Peter L. Thompson, Peter L. Thompson & Associates, Portland, ME, for Plaintiff. Brian L. Champion, Libby O'Brien Kingsley & Champion, LLC, Kennebunk, ME, for Defendant. ORDER ON RULE 56(f) MOTION MARGARET J. KRAVCHUK, United States Magistrate Judge. Plaintiff Glenn Duckworth seeks an order that dismisses or defers Defendant Mid-State Machine Products' motion for partial summary judgment, so that he can have an opportunity to conduct depositions before opposing the disposi... UNITED STATES of America v. Michael WYMAN. , D.Me., October 28, 2009 Nancy Torresen, Office of the U.S. Attorney District of Maine, Bangor, ME, for Plaintiff. ORDER ON DEFENDANT'S MOTION FOR BAIL PENDING APPEAL JOHN A. WOODCOCK, JR., Chief District Judge. Concluding that there is a "substantial question of law" under 18 U.S.C. § 3143(b)(1)(B) as to whether a misdemeanor assault conviction under Maine law meets the requisite level of mens rea for a predicate felony under 18 U.S.C. § 922(g)(9), the Court grants the Defendant's motion for bail pending appeal... NATIONAL ORGANIZATION FOR MARRIAGE AND AMERICAN PRINCIPLES IN ACTION, Plaintiffs v. Walter F. McKEE, in his official capacity as member of the Commission on Government Ethics and Election Practices, et al., Defendants. , D.Me., October 28, 2009 James Bopp, Jr., Jeffrey Gallant, Josiah Neeley, Bopp, Coleson & Bostrom, Terre Haute, IN, Stephen C. Whiting, The Whiting Law Firm, Portland, ME, for Plaintiffs. Phyllis Gardiner, Thomas A. Knowlton, Assistant Attorney Generals, Office of the Maine Attorney General, Augusta, ME, for Defendants. DECISION AND ORDER ON PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER D. BROCK HORNBY, District Judge. This case assesses Maine's attempt to strike the proper balance between the right to free... Alison McCORMICK, et al., Plaintiffs v. FESTIVA DEVELOPMENT GROUP, LLC, et al., Defendants. , D.Me., October 27, 2009 Donald F. Fontaine, Law Office of Donald F. Fontaine, Portland, ME, for Plaintiff. Christopher M. Pardo, Ellen C. Kearns, Constangy, Brooks & Smith LLP Boston, MA, Jonathan W. Yarbrough, Constangy, Brooks & Smith, LLP ASheville, NC, Mark A. Kearns, Law Office of Mark A. Kearns David J. Perkins, Nathan Quinn, Perkins Olson, Portland, ME, for Defendant. RECOMMENDED DECISION ON MOTION FOR REMAND JOHN H. RICH III, United States Magistrate Judge. The plaintiffs seek remand of this case to the... Irene D. IEZZI, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Me., October 27, 2009 Daniel W. Emery, Yarmouth, ME, for Plaintiff. Amy C. Bland, Mark J. Mendola, Social Security Administration Office of General Counsel, Boston, MA, for Defendant. REPORT AND RECOMMENDED DECISION [FN1] FN1. This action is properly brought under 42 U.S.C. §§ 405(g) and 1383(c)(3). The commissioner has admitted that the plaintiff has exhausted her administrative remedies. The case is presented as a request for judicial review by this court pursuant to Local Rule 16.3(a)(2)(A), which requires th... Robert J. VICINO, Plaintiff, v. Christopher SHAW, Defendant. , D.Me., October 27, 2009 Robert J. Vicino, Augusta, ME, pro se. ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR., Chief Judge. No objection having been filed to the Magistrate Judge's Recommended Decision filed October 5, 2009, the Recommended Decision is accepted. Accordingly, it is hereby ORDERED that the Plaintiff's Complaint (Docket # 1) be and hereby is DISMISSED for lack of prosecution. SO ORDERED. RECOMMENDED DECISION MARGARET J. KRAVCHUK, United States Magis... Lisa FOSTER, Plaintiff, v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant. , D.Me., October 27, 2009 David J. Van Dyke, Hornblower, Lynch, Rabasco & Van Dyke, Lewiston, ME, for Plaintiff. Byrne J. Decker, Pierce Atwood LLP, Portland, ME, for Defendant. ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR., Chief Judge. No objection having been filed to the Magistrate Judge's Recommended Decision filed October 7, 2009, the Recommended Decision is accepted. Accordingly, it is hereby ORDERED that Plaintiff's Counter-Motion for Judgment on the Administrat... David N. WILGUS and Garrett Thorbjornson and The Estate of Gary Thorbjornson, Plaintiff v. F/V SIRIUS, INC., Defendant. , D.Me., October 27, 2009 David F. Anderson, Latti & Anderson LLP, Boston, MA, for Plaintiff. Michael X. Savasuk, Law Office of Michael X. Savasuk, Portland, ME, for Defendant. ORDER DENYING PLAINTIFFS' MOTION FOR A NEW TRIAL ON THE GROUNDS OF JUROR MISCONDUCT D. BROCK HORNBY, District Judge. The issue here is whether juror access to extraneous information on the Internet supports a motion for a new trial. Since the plaintiffs have been unable to show that the information reached any member of the jury during the... UNITED STATES of America, v. Michael BERK, Defendant. , D.Me., October 26, 2009 Halsey B. Frank, U.S. Attorney's Office, District of Maine, Portland, ME, for Plaintiff. Neale A. Duffett, Cloutier, Conley & Duffett, P.A., Portland, ME, for Defendant. ORDER ON RESTITUTION GEORGE Z. SINGAL, District Judge. Before the Court is the Government's request for restitution on behalf of "Amy" and "Vicky"--two individuals allegedly depicted in pornographic images that Defendant Michael Berk unlawfully possessed. For the reasons explained below, the Court DECLINES to order re... Max SHAW, et al., Plaintiffs, v. 500516 N.B. LTD., et al., Defendants. , D.Me., October 23, 2009 Peter Clifford, Hodsdon & Clifford, LLC, Kennebunk, ME, for Plaintiff. Christopher P. Flanagan, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Boston, MA, for Defendants. ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE JOHN A. WOODCOCK, JR., Chief Judge. On August 27, 2009, the United States Magistrate Judge filed with the Court her Recommended Decision. Report and Recommended Decision (Docket # 29) (Recommended Decision ). Max Shaw filed objections to the Recommended D... Frank ARBOUR, Movant, v. UNITED STATES of America, Respondent. , D.Me., October 23, 2009 Frank Arbour, White Deer, PA, pro se. Margaret D. McGaughey, U.S. Attorney's Office, Portland, ME, for Respondent. RECOMMENDED DECISION ON 28 U.S.C. § 2255 MOTION MARGARET J. KRAVCHUK, U.S. Magistrate Judge. Frank Arbour, who is serving a 100-month sentence for federal controlled substance and firearms offenses, has filed a 28 U.S.C § 2255 motion. This case was stayed while Arbour had a direct appeal pending in the First Circuit Court of Appeals. The appeal is now final, see United State... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com