U.S. District Courts - New Jersey ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCommunicationsCriminal JusticeEducationEnergyEnvironmental LawFinance & BankingGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMaritime LawMilitary LawPension & Retirement BenefitsSecurities & Blue Sky LawTaxationTransportation CRESCENT RECOVERY, LLC, Plaintiff, v. ACCOUNT PORTFOLIO MANAGEMENT, LLC, et al., Defendants. , D.N.J., November 18, 2009 Jason T. Larocco, Richard J. Perr, Fineman, Krekstein & Harris, PC, Philadelphia, PA, for Plaintiff. Andrew Michael Schwartz, Marshall, Dennehey, Warner, Coleman & Goggin, PA, Philadelphia, PA, Donald Stuart Burak, Law Offices of Donald S. Burak, Esq., LLC, Bensalem, PA, Laurence A. Hecker, Laurence A. Hecker, PC, Hamilton, NJ, for Defendants. ORDER ADOPTING THE REPORT AND RECOMMENATION OF THE MAGISTRATE JUDGE JOEL A. PISANO, District Judge. This matter having come before the Court on th... Brian Keith BRAGG, Plaintiff, v. FIORAIANTI, et al., Defendants. , D.N.J., November 18, 2009 OPINION PISANO, District Judge. Presently before the Court are plaintiff Brian Keith Bragg's motions seeking a Temporary Restraining Order (Docket Entry No. 31) pursuant Federal Rule of Civil Procedure 65 [FN1] and an Emergency Protective Custody Order (Docket Entry No. 30). [FN2] Plaintiff alleges that Defendants continue to be subject him to physical abuse, inappropriate medical care, and harassment, thus putting him in fear for his life. Because the Court is satisfied that Plaintiff is not... Joseph DESLONDE, Plaintiff, v. State of NEW JERSEY, Donna Balick, Robert Grover, Dennis Nieves, Nicole Albert, Michelle Librado, Louis Mangione, Defendants. , D.N.J., November 17, 2009 OPINION PISANO, District Judge. Plaintiff Joseph Deslonde has brought this action against the State of New Jersey and the Honorable Dennis Nieves ("Moving Defendants") for constitutional violations relating to Plaintiff's detention. Plaintiff alleges violations of his Fifth Amendment right against Double Jeopardy, Sixth Amendment right to a Speedy and Public Trial and Right to Effective Assistance of Counsel, Fourteenth Amendment right to Equal Protection and Due Process, and conspiracy to de... B.C. and L.T. o/b/o C.C., Plaintiffs, v. LONG HILL TOWNSHIP BOARD OF EDUCATION, Superintendent Art Dibenedetto, Principal Joanna Hughes, Rachel Petr, and John / Jane Does I-X, Defendants. , D.N.J., November 16, 2009 OPINION GREENAWAY, JR., District Judge. This matter comes before this Court on motions, filed by the defendants, Long Hill Township Board of Education, ("Board"), Art DiBenedetto ("Mr.DiBenedetto"), and Joanna Hughes ("Ms.Hughes"), (collectively, "Defendants"), [FN1] against the plaintiffs, B.C. and L.T. ("Plaintiffs"), for judgment on the pleadings, pursuant to Fed. R. Civ. P. 12(c), and for sanctions, pursuant to Fed. R. Civ. P. 11(c) ("Rule 11 sanctions"). For the reasons set forth below, ... Edward BIZZARRO, Richard, Wright, and April Wedding, Individually and on Behalf of a Class of Others Similarly Situated, Plaintiffs, v. OCEAN COUNTY, et al., Defendants. , D.N.J., November 16, 2009 Elmer Robert Keach, III, Amsterdam, NY, Seth R. Lesser, Klafter Olsen & Lesser, LLP, Rye Brook, NY, William A. Riback, William Riback, LLC, Haddonfield, NJ, for Plaintiffs. Robert Scott Clayton, Steven M. Horn, Berry, Sahradnik, Kotzas & Benson, PC, Toms River, NJ, for Defendants. OPINION WOLFSON, District Judge. Presently before the Court is a motion by defendants Ocean County, Theodore J. Hutler, Jr. and Sandra Mueller (collectively, "Defendants") to stay the proceedings in this matter... BAYSHORE FORD TRUCK, et al., Plaintiffs, v. FORD MOTOR COMPANY, Defendant. , D.N.J., November 16, 2009 OPINION LINARES, District Judge. This matter comes before the Court on Plaintiffs' motion for partial summary judgment on behalf of the certified class, Ford's motion for summary judgment as to the class, and Ford's motion for summary judgment as to the claims of thirty-six class members. [FN1] The Court has considered the submissions in support of and in opposition to the motions and decides the matter without oral argument pursuant to Federal Rule of Civil Procedure 78. For the reasons set ... EXXONMOBIL OIL CORPORATION, Plaintiff, v. WAKILE & SONS, INC. and Adel Abouzid, Defendants. , D.N.J., November 13, 2009 Urs Broderick Furrer, Harriton & Furrer, LLP, Armonk, NY, for Plaintiff. OPINION WILLIAM J. MARTINI, District Judge. MEMORANDUM OPINION Plaintiff ExxonMobil Oil Corporation ("EM") has submitted a Motion for Entry of default judgment against Defendants Wakile & Sons, Inc. ("Wakile") and Adel Abouzid ("Abouzid") pursuant to Federal Rule of Civil Procedure 55. For the reasons articulated below, this Court will GRANT the motion for default judgment and enter judgment in favor of Plaintiff. D... TRAVELERS CASUALTY AND INSURANCE COMPANY OF AMERICA, Plaintiff, v. Jeanne KULIK, et al., Defendants. , D.N.J., November 13, 2009 Paul T. Devlieger, Devlieger and Hilser, P.C., Merchantville, NJ, for Plaintiff. David Peter Lipari, Hedinger & Lawless, LLC, Florham Park, NJ, for Defendant. MEMORANDUM OPINION BROWN, Chief Judge. This matter comes before the Court upon the motion of Plaintiff Travelers Casualty and Insurance Company of America ("Travelers") for default judgment against Defendant Jeanne Kulik ("Kulik"). [# 23] Kulik has not opposed Travelers' present motion. The Court has decided this matter without ora... Felton LEE, Plaintiff, v. ROBIN OAK, Elise Johnson, Marie Jose, Tomika Scott, Natalie Ward, Tommy Brooks, Yvonne Jones, Jean Crawford, Joan Crawford, Celling Coop, Defendants. , D.N.J., November 13, 2009 Felton Lee, Jersey City, NJ, pro se. OPINION AND ORDER CHESLER, District Judge. This matter comes before the Court on the application of pro se Plaintiff Felton Lee ("Plaintiff" or "Lee") to file a Complaint without prepayment of fees pursuant to 28 U.S.C. § 1915. Based on Plaintiff's affidavit of indigence, the Court finds that Plaintiff qualifies for in forma pauperis status pursuant to 28 U.S.C. § 1915. However, having thoroughly reviewed Plaintiff's allegations, the Court will dismiss t... TOURISTIC ENTERPRISES COMPANY, Plaintiff, v. TRANE INC., Roustan United LLC, Burleys Arena Ice Systems, Burleys Rink Supply, Inc., Roustan Burleys, LLC, and Roustan United Arena Solutions, Defendants. , D.N.J., November 13, 2009 OPINION CHESLER, District Judge. This matter comes before the Court on the motion to dismiss count III and count V of Plaintiff's Complaint filed by Defendant Trane, Inc. (docket entry 7). Plaintiff Touristic Enterprises Company ("Plaintiff") has opposed the motion to dismiss (docket entry 12). The Court has opted to rule on the motion without oral argument, pursuant to Federal Rule of Civil Procedure 78. After consideration of the parties' briefing, the Court has determined that it will deny... Victor OPPERMAN, et al., Plaintiffs, v. ALLSTATE NEW JERSEY INSURANCE COMPANY, et al., Defendants. , D.N.J., November 13, 2009 Michael John DeBenedictis, DeBenedictis & DeBenedictis LLC, Cherry Hill, NJ, Thomas T. Booth, Jr., Law Offices of Thomas T. Booth, Jr., LLC, Voorhees, NJ, for Plaintiffs. Steven Gerber, Mary Patricia Gallagher, Adorno & Yoss, LLP, Wayne, NJ, for Defendants. OPINION BUMB, District Judge. In this putative class action, plaintiffs Victor Opperman, Kathleen Opperman, and Inez Murray (collectively, the "Plaintiffs") allege that defendants Allstate New Jersey Insurance Company ("Allstate") [F... Richard MAY, Plaintiff, v. Anthony CHIRICHELLO et al., Defendants. , D.N.J., November 13, 2009 Surinder K. Aggarwal, William H. Buckman, The William H. Buckman Law Firm, Moorestown, NJ, for Plaintiff Richard May. Henry Marcel, Deasey, Mahoney, Valentini & North, LTD, Haddonfield, NJ, for Defendant Anthony Chirichello. OPINION BUMB, District Judge. This matter comes before the Court upon a motion to dismiss for failure to state an actionable claim and for lack of subject-matter jurisdiction, pursuant to Federal Rules of Civil Procedure 12(b)(1) and (6), by defendant Anthony Chirich... INTERNATIONAL DEVELOPMENT CORPORATION, Plaintiff, v. Simon Nicholas RICHMOND and Adventive Ideas, LLC, Defendants. , D.N.J., November 13, 2009 MEMORANDUM OPINION BROWN, Chief Judge. I. Background This matter comes before the Court upon the motions of Defendants Simon Nicholas Richmond and Adventive Ideas, LLC ("Richmond" or "Adventive" or collectively "Defendants") to dismiss the complaint filed by International Development LLC ("Plaintiff" or "IDC") for lack of jurisdiction (Dkt. No. 6) and for leave to conduct jurisdictional discovery and supplement their reply brief (Dkt. No. 13). Plaintiff has also moved to strike portions of De... HYUNG WOO PARK, Petitioner, v. Roy L. HENDRICKS, et al., Respondents. , D.N.J., November 12, 2009 OPINION LINARES, District Judge. This matter comes before the Court by way of Hyung Woo Park's ("Petitioner") petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 ("Petition"). Petitioner claims that he is being unlawfully held in custody as a result of an erroneous interpretation of the mandatory detention provision contained in § 236(c) of the Immigration and Nationality Act ("INA"), codified at 8 U.S.C. § 1226(c). Respondents have filed a motion to dismiss the Petition. The C... Chandler KANT, Plaintiff, v. SETON HALL UNIVERSITY, Defendant. , D.N.J., November 12, 2009 Antonia Kousoulas, Kousoulas & Associates, New York, NY, for Plaintiff. John James Peirano, Jr., Kimberly A. Capadona, James P. Lidon, McElroy, Deutsch, Mulvaney & Carpenter Llp, Morristown, NJ, for Defendant. OPINION DENNIS M. CAVANAUGH, District Judge. This matter comes before the Court upon motion by Plaintiff Chandler Kant ("Plaintiff") to strike the appearance of his attorney, and to impose sanctions for failing to file a substitution of attorney form. Pursuant to Rule 78 of the Feder... Bradley MANN, et al., on behalf of themselves and all others similarly situated, Plaintiffs, v. TD BANK, N.A., et al., Defendants. , D.N.J., November 12, 2009 OPINION KUGLER, District Judge. Plaintiffs Bradley Mann and Angelo Capizzi ("Plaintiffs") instituted this consumer class action against three banks and various corporate parent entities alleging a deceptive, misleading, and unlawful course of conduct and advertising in the State of New Jersey. Following voluntary dismissal of certain original defendants, Defendants TD Bank, N.A. and Commerce Bank, N.A. ("Defendants") remain. Defendants now move to dismiss all of Plaintiffs' claims pursuant to... TRUSTCASH HOLDINGS, INC., Dylan Callum, Tyee Capital Consultants, Inc., Jill Carasquero, and Kent Carasquero, Plaintiffs, v. Gregory MOSS and Ayuda Funding Corp., Defendants. , D.N.J., November 12, 2009 Gregory Bartko, Esq., (admitted pro hac vice), Law Office of Gregory Bartko, LLC, Atlanta, GA, Keith N. Biebelberg, Biebelberg & Martin, Millburn, NJ, for Plaintiffs. Brendan M. Schulman, Esq., (admitted pro hac vice), Kramer Levin Naftalis & Frankel LLP, New York, NY, Lida Dunn Wetre, Esq., Newark, NJ, for Defendant Ayuda Funding Corp. OPINION WALLS, Senior District Judge. Plaintiffs, Trustcash Holdings, Inc., Dylan Callum, Tyee Capital Consultants, Inc., Jill Carasquero and Kent Carasq... Joseph David YOUNG, Plaintiff, v. Jerry SPEZIALE, Dr. Magdy Wahba, Lori Hanton, John Doe(s) and Jane Doe(s), The Passaic County Sheriff's Department and Passaic County, Defendants. , D.N.J., November 10, 2009 Lauren D. Godfrey, Paul G. Nittoly, Vincent John Montalto, Drinker, Biddle & Reath, LLP, Florham Park, NJ, for Plaintiff. Carmen E. Cortes-Sykes, Goodman, Galluccio & Chessin, Esqs., Paterson, NJ, Susan Handler-Menahem, Office of The U.S. Attorney, Newark, NJ, for Defendants. OPINION WIGENTON, District Judge. Before the Court is Defendant Lori Hanton's ("Hanton" or "Defendant") Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b) or for Summary Judgment pursuant to Federa... Stacey COLEMAN, Plaintiff, v. CHASE HOME FINANCE, LLC, Defendant. , D.N.J., November 10, 2009 Lewis G. Adler, Esquire, Woodbury, NJ, for plaintiff. Francis X. Manning, Esquire, Stradley, Ronon, Stevens & Young, LLP, Cherry Hill, NJ, for defendant. ORDER NOEL L. HILLMAN, District Judge. For the reasons expressed in the Court's Opinion filed today, IT IS HEREBY on this 10th day of November, 2009 ORDERED that defendant Chase Home Finance, LLC's motion to dismiss [29] is GRANTED; and it is further ORDERED that the Clerk of the Court shall mark this matter as CLOSED. OPINIO... UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY ALLIED INDUSTRIAL AND SERVE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC LOCAL 4-406, et al., Plaintiffs, v. CAMBREX, INC., et al., Defendants. , D.N.J., November 10, 2009 OPINION LINARES, District Judge. This matters comes before the Court on the motion of Defendants to dismiss Counts I and III of Plaintiffs' Complaint and to stay discovery and the time to answer with respect to Count II, and (2) the cross-motion of Plaintiffs to remit Count I to arbitration and stay further consideration of Counts II and III pending the outcome of the arbitration. The Court has considered the submissions in support of and in opposition to both motions and decides the matter w... Christopher ALLEN, Plaintiff, v. State of NEW JERSEY, et al., Defendants. , D.N.J., November 10, 2009 Christopher Allen, Philadelphia, PA, pro se. Ryan C. Atkinson, State of New Jersey, Richard J. Hughes Justice Complex, Trenton, NJ, for Defendants. MEMORANDUM OPINION BONGIOVANNI, United States Magistrate Judge. This matter comes before the Court upon Defendants State of New Jersey, Governor Jon Corzine, Patrick Reilly, Iris Figueroa, Purificacion Flores and Linda Butler's (collectively "Defendants") motion for a more definite statement. [Docket Entry No. 6]. The Court has reviewed Defen... William B. ROVINSKY, Plaintiff, v. CHOCTAW MANUFACTURING AND DEVELOPMENT CORPORATION; Joseph Morris; United States of America; Department of the Army; and Gordon McCormick, Defendants. , D.N.J., November 10, 2009 MEMORANDUM OPINION BROWN, Chief Judge. I. BACKGROUND This case comes before the Court upon the motion of the United States, the Department of the Army, and Gordon McCormick (collectively "the Federal Defendants") to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted (Dkt. No. 12) and the motion of Choctaw Manufacturing and Development Corporation and Joseph Morris (the "Choctaw Defendants") to dismiss the complaint for l... PORT DRIVERS FEDERATION 18, INC., et al, Plaintiffs, v. ALL SAINTS EXPRESS, INC., et al, Defendants. , D.N.J., November 10, 2009 OPINION WALLS, Senior District Judge. Plaintiffs Port Drivers Federation 18, Inc., Florencio Hernandez, Julian Hernandez, Jose Landa, Nelson Rodriguez, and Juan Marte ("Plaintiffs") move for an order to show cause why a preliminary injunction should not issue. Plaintiffs also move for an order advancing and consolidating trial on the merits with a hearing on the motion for a preliminary injunction. Defendants All Saints Express, Inc. and St. George Warehouse, Inc. ("Defendants") oppose Plaint... David LESTER, Ph.D., Plaintiff, v. GENE EXPRESS, INC., Alfred C. Pollock, III, Nikolaos V. Lazaridis, PH.D., and Gerald J. Vardzel, Jr., Defendants. , D.N.J., November 10, 2009 Samuel A. Dion, Dion & Goldberger, Esqs., Philadelphia, PA, for Plaintiff. Salvatore Perillo, Nehmad Perillo & Davis, P.C., Somers Point, NJ, for Defendants. OPINION KUGLER, District Judge. This matter arises out of an employment dispute between Plaintiff David Lester, Ph.D. and Defendants Gene Express, Inc., Alfred C. Pollock, III, Nikolaos V. Lazaridis, Ph.D., and Gerald J. Vardzel, Jr. Presently before the Court is Defendants' motion to 1) dismiss the Complaint for lack of venue pursu... UNITED STATES of America, Plaintiff, v. Ronald CRANDELL, Defendant. , D.N.J., November 10, 2009 Eric Todd Kanefsky, Esquire, Assistant United States Attorney, Office of the United States Attorney, Newark, NJ, for United States of America. Lisa Mack, Esquire, Louise Arkel, Esq., Assistant Federal Public Defenders, Office of the Federal Public Defender, Newark, NJ, for Defendant Ronald Crandell. OPINION GREENAWAY, JR., District Judge. This matter comes before this Court on defendant Ronald Crandell's ("Defendant" or "Crandell") motion to suppress evidence recovered in connection wit... Constance M. CARDOSO, v. COMMISSIONER OF SOCIAL SECURITY, Michael J. Astrue, Defendant. , D.N.J., November 9, 2009 OPINION KUGLER, District Judge. This matter comes before the Court upon appeal by Plaintiff Constance M. Cardoso pursuant to 42 U.S.C. § 405(g) for review of a final decision of the Commissioner of Social Security denying Plaintiff's application for Disability Insurance Benefits. For the reasons set forth below, the Court affirm's the ALJ's decision. I. BACKGROUND Plaintiff applied for Disability Insurance Benefits on February 4, 2005, alleging disability commencing on December 19, 2003. (... Pat ANGELO, et al., Plaintiffs, v. P.G.S. MASON, Defendant. , D.N.J., November 9, 2009 OPINION GREENAWAY, JR., District Judge. This matter comes before this Court on the motion seeking entry of default judgment (Docket Entry No. 6) and the amended declaration in support of default judgment (Docket Entry No. 7) filed by all plaintiffs. [FN1] Plaintiffs seek entry of default judgment against P .G.S. Mason ("Defendant"), pursuant to Fed. R. Civ. P. 55(b). For the reasons stated below, this motion shall be granted. FN1. Plaintiffs are: Pat Angelo, Joseph DeVita, Robert Gari... Anthony R. BIAFORE, Plaintiff, v. UNITED STATES of America, et al., Defendants. , D.N.J., November 9, 2009 OPINION KUGLER, District Judge. This matter comes before the Court on a motion by Defendants United States of America, Jeff Grondolski, Dr. Chung, Dr. Sulayman, Mrs. Leibel, D. Schaaff, and Dr. Gonzalez ("Defendants") to dismiss the Complaint of Plaintiff Anthony R. Biafore ("Plaintiff"), or in the alternative, for summary judgment. The Complaint brings claims pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) and the Federal Tort Claims Act, 28... OTOS TECH CO., LTD., Plaintiff, v. OGK AMERICA, INC. & Yale Kim a/k/a Youngil Kim, Defendants. , D.N.J., November 9, 2009 Walter Andrew Lesnevich, Michael R. Mildner, Lesnevich & Marzano- Lesnevich, Esqs., Hackensack, NJ, Peter S. Pearlman, Cohn, Lifland, Pearlman, Herrmann & Knopf, LLP, Saddle Brook, NJ, for Plaintiff. Kevin J. Conyngham, Robert Zimmerer, Zimmerer, Murray & Conyngham, Esqs., Saddle Brook, NJ, Marc D. Haefner, Nicole Bianca Dory, Connell Foley, LLP, Roseland, NJ, for Defendants. OPINION WILLIAM H. WALLS, Senior District Judge. Otos Tech Co., Ltd. ("Plaintiff") moves to Clarify or Reconsider... Enrique MATOS and Linda Matos, Plaintiffs, v. CITY OF CAMDEN, Detective Marshall Morgan, and Officer Luis Sanchez, Defendants. , D.N.J., November 9, 2009 Thomas Bruno II, Esquire, Abramson & Denenberg, PC, Philadelphia, PA, for Plaintiffs. Ralph R. Kramer, Esquire, Haddon Heights, NJ, for Defendant Morgan. John C. Eastlack, Jr., Esquire, Holston, MacDonald, Uzdavinis & Ziegler, PC, Woodbury, NJ, for Defendant Sanchez. Frank A. Salvati, Esquire, Office of City Attorney, Camden, NJ, for Defendant City of Camden. OPINION HILLMAN, District Judge. This matter comes before the Court on the motion of Defendant City of Camden for summary ju... Felix PEREZ, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , D.N.J., November 7, 2009 OPINION AND ORDER PETER G. SHERIDAN, District Judge. This matter is before the Court on Plaintiff Felix Perez's appeal of the final administrative decision of the Commissioner of Social Security ("Commissioner") denying him disability insurance benefits. Plaintiff alleges disability beginning September 7, 1999 due to back pain and depression. His claim was denied initially on March 10, 2006. On January 4, 2008 a hearing was held before the Hon. Richard L. De Steno (ALJ). A spanish interpr... REICHHOLD, INC., Plaintiff, v. UNITED STATES METALS REFINING COMPANY, Cyprus Amax Minerals Company, et al., Defendants. , D.N.J., November 6, 2009 OPINION This matter comes before the Court on motion [Dkt. Entry 268] for Taxation of Costs by Plaintiff Reichhold ("Reichhold") pursuant to Federal Rule of Civil Procedure 54(d) and Local Civil Rule 54.1. United States Metals Refining Company ("USMRC") has filed opposition to Reichhold's motion. Reichhold, Inc., commenced this action on January 31, 2003, requesting legal and declaratory relief against USMRC pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ... Kevin W. McNUTT and Gloria J. McNutt, Plaintiffs, v. ESTATE OF Barry D. McNUTT and, Andrea H. Kasarsky, Defendants. , D.N.J., November 6, 2009 OPINION WOLFSON, District Judge. Presently before the Court are cross-motions for summary judgment filed by pro se plaintiffs, Kevin McNutt and Gloria McNutt, his wife (collectively "Plaintiffs"), and Andrea Kasarsky ("Kasarsky"), the widow of Kevin McNutt's brother, Barry McNutt, and the Estate of Barry McNutt (collectively, "Defendants"). This suit arises out of an alleged oral agreement between Barry and Kevin McNutt. In this paradigmatic case demonstrating the old adage that "no good deed... NATIONAL SECURITY SYSTEMS, INC., et al. v. Robert L. IOLA, Jr., et al. , D.N.J., November 6, 2009 Mark J. Obersteadt, Steven J. Fram, Archer & Greiner, PC, Haddonfield, NJ, for Plaintiffs. Christopher Philip Leise, Michael O. Kassak, White & Williams, Llp, Cherry Hill, NJ, Edward Michael Koch, Bruce S. Edington, Robyn M. Gnudi, Leclairryan, B. John Pendleton, Jr., Mccarter & English, LLP, Newark, NJ, Ellen Nunno Corbo, Taylor, Colicchio & Silverman, LLP, Princeton, NJ, Diane A. Bettino, Reed Smith, LLP, Pittsburgh, PA, Richard Lloyd Hertzberg, Greenbaum, Rowe, Smith, & Davis, LLP, Woodbri... Chung CHEN, Plaintiff, v. NEWARK PUBLIC SCHOOLS, et al., Defendants. , D.N.J., November 6, 2009 Noel C. Crowley, Crowley & Crowley, Esqs., Morristown, NJ, for Plaintiff. Cherie L. Adams, Adams Stern Gutierrez & Lattiboudere, LLC, Newark, NJ, for Defendants. OPINION DENNIS M. CAVANAUGH, District Judge. This matter comes before the Court upon motion by Defendants Newark Public Schools, Marion A. Bolden, Candace Wildy, Luna Velez, Amy Sarnoff, Willy Freeman and Elnord. J. Webster (collectively "Defendants"). Defendants move for summary judgment pursuant to Rule 56 of the Federal Rules... Paul JEFFREYS, Plaintiff, v. Andrew McDONNELL, et al., Defendants. , D.N.J., November 6, 2009 Paul Jeffreys, Leesburg, NJ, pro se. MEMORANDUM OPINION JEROME B. SIMANDLE, District Judge. This matter coming before the Court upon Plaintiff's submission of an Amended Complaint, and it appearing that: 1. Plaintiff, a prisoner incarcerated at Bayside State Prison, filed a Complaint in forma pauperis pursuant to 28 U.S.C. § 1915 asserting violation of his constitutional rights under 42 U.S.C. § 1983. Plaintiff asserted that the prosecutor and police officer Andrew Johnson violated his c... Halbert COURSEY, Plaintiff, v. CITY OF CAMDEN, Arturo Venegas, et al., Defendants. , D.N.J., November 6, 2009 George L. Farmer, Northfield, NJ, for plaintiff. Cheryl L. Cooper, Oandasan & Cooper P.C., Woodstown, NJ, for defendant Arturo Venegas. OPINION HILLMAN, District Judge. Presently before the Court is the motion of defendant Arturo Venegas to vacate the Clerk's entry of default against him. Plaintiff has opposed defendant's motion. For the reasons expressed below, defendant's motion will be granted. DISCUSSION Plaintiff, Halbert Coursey, filed a complaint in New Jersey state court claimi... In re Christian ATHANASSIOUS, Debtor. Carol Palmer, Petitioner, v. Christian Athanassious, Respondent. , D.N.J., November 6, 2009 OPINION PISANO, District Judge. Pursuant to 28 U.S.C. § 158(a), Appellant Carol Palmer ("Palmer") has appealed the United States Bankruptcy Court's January 21, 2009 Order granting Appellee Christian Athanassious's ("Athanassious") motion for reconsideration and vacating its earlier order granting Palmer an extension of time to file a motion under section 707 and/or complaint under section 523 and/or section 727 of the United States Bankruptcy Code. The issue presented in the instant appeal is... UNITED STATES of America v. Abbas ELCHEIKHALI. , D.N.J., November 6, 2009 Abbas Elcheikhali, Seneca County Jail, Tiffin, OH, pro se. Deborah J. Gannett, Assistant U.S. Attorney, Newark, NJ, for Respondent. LETTER OPINION WILLIAM J. MARTINI, District Judge. Dear Litigants: This matter comes before the Court on the motion of pro se prisoner Abbas Elcheikhali ("Elcheikali" or "Petitioner") to vacate, set aside, or correct his plea-bargained sentence pursuant to 28 U.S.C. § 2255. There was no oral argument. Fed.R.Civ.P. 78. For the reasons stated below, the mot... UNITED STATES of America v. Wydove BROWN, Defendant. , D.N.J., November 6, 2009 OPINION WILLIAM J. MARTINI, District Judge. Defendant Wydove Brown is charged in a one-count Indictment with possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Presently before the Court is Defendant's motion to suppress: (1) physical evidence seized on or about November 12, 2008 pursuant to a warrantless search and (2) the fruits of that warrantless search and seizure. The Court held oral argument on Defendant's motions on October 19, 2009 and thereafter received supplemental bri... N.V.E., INC., Plaintiff, v. A-1 NUTRITION, et al., Defendants. , D.N.J., November 6, 2009 OPINION GREENAWAY, JR., District Judge. This matter comes before this Court on the motion filed by plaintiff, N.V.E., Inc. ("Plaintiff" or "NVE"), seeking entry of default judgment against defendants, Smaragda Apessos, Merill Carlin, Gloria Clarson, Candice Duarte, Alfred Felice, A. Mikonis, Thomas Montagu, Sarah Montagu, Jim Vanorskie, Katherine Vanorskie, Robert Duane Weyandt and Haily Lisa Weyandt, [FN1] pursuant to Fed. R. Civ. P. 55(b). For the reasons set forth below, this motion will b... Frank CUSANO, Petitioner, v. UNITED STATES of America, Respondent. , D.N.J., November 6, 2009 Frank Cusano, Fort Dix, NJ, pro se. ORDER JEROME B. SIMANDLE, District Judge. This Matter Came Before the Court upon initial review of Petitioner's application under 28 U.S.C. § 2241; and For reasons stated in the Memorandum Opinion of today's date; IT IS, this 6th day of November, 2009, ORDERED that the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 is DENIED for lack of jurisdiction; and it is further ORDERED that, within thirty days from the date of entry of t... Louis DIODATO III, Plaintiff, v. CONNECTICUT GENERAL LIFE INSURANCE COMPANY, et al, Defendants. , D.N.J., November 6, 2009 OPINION WOLFSON, District Judge. This matter comes before this Court upon a two-count Complaint brought by Plaintiff Louis Diodato III ("Plaintiff") against Defendants Connecticut General Insurance Company, CIGNA Insurance Group, CIGNA Disability Management Solutions, SMA Services, Inc., Standard Insurance Company, and other unnamed defendants for breach of contract. In Count One of the Complaint, Plaintiff alleges that Defendant Connecticut General Insurance Company [FN1] ("Defendant") brea... Karl W. KRUG, et al., Plaintiffs, v. GC SERVICES LIMITED PARTNERSHIP, et al., Defendants. , D.N.J., November 6, 2009 MEMORANDUM OPINION SIMANDLE, District Judge. This matter is before the Court on the motion of Defendant GC Services Limited Partnership ("GC") to dismiss pursuant to Fed.R.Civ.P. 12(b)(5) for Plaintiffs' failure to timely serve process within the 120 days prescribed by Fed.R.Civ.P. 4(m) [Docket Item 7]. [FN1] For the reasons explained below, the Court shall exercise its discretion to grant an extension of time to Plaintiffs and deny the motion to dismiss. THE COURT FINDS AS FOLLOWS: F... Norman GOODMAN, et al., Plaintiffs, v. Simon GOODMAN, et al., Defendants. , D.N.J., November 5, 2009 Peter William Till, Law Offices of Peter w. Till, Springfield, NJ, for Plaintiffs. Jonathan e. Levitt, Frier & levitt, LLC, Livingston, NJ, for Defendants. OPINION GREENAWAY, JR., District Judge. This matter comes before this Court on the motion filed by plaintiffs, Norman Goodman, Craig Goodman, Jeffrey Goodman and Irwin Tartus (collectively "Plaintiffs"), seeking entry of default judgment against defendants, Irving Goodman, Simon Goodman, and Goodman Brothers Steel Drum Company, Inc. (... OVERSEAS MILITARY SALES CORP., Plaintiff, v. MARYLAND PORT ADMINISTRATION, et al., Defendants. , D.N.J., November 5, 2009 MEMORANDUM OPINION SIMANDLE, District Judge. This matter is before the Court on Defendant's motion to dismiss based on forum non conveniens [Docket Item 12] and Plaintiff's cross-motion to amend the complaint [Docket Item 21]. THE COURT FINDS AS FOLLOWS: 1. Defendant seeks to dismiss this action under the doctrine of forum non conveniens for the following reasons: the parties voluntarily dismissed a potential indemnitor, the Maryland Port Administration (MPA), because they believed the MPA... ALVES, et. al., Plaintiffs, v. FERGUSON, et. al., Defendants. , D.N.J., November 5, 2009 OPINION DENNIS M. CAVANAUGH, District Judge. This matter comes before the Court upon motion by a number of residents of the Department of Corrections Special Treatment Unit facility in Kearney, N.J. ("Movants") for leave to file an amicus curiae motion/brief. Although fashioned as an "amicus" filing, the submission is essentially a consolidated pro se application for an injunction and/or a temporary restraining order. Movants ostensibly seek to prevent Defendants from transferring residents o... Richard MULLARKEY, Plaintiff, v. Marie-Ann GREENBERG, Defendant. , D.N.J., November 5, 2009 OPINION & ORDER CHESLER, District Judge. This matter comes before the Court on the application of pro se Plaintiff Richard Mullarkey ("Plaintiff" or "Mullarkey") to file a Complaint without prepayment of fees pursuant to 28 U.S.C. § 1915. Based on Plaintiff's affidavit of indigence, the Court finds that Plaintiff qualifies for in forma pauperis status pursuant to 28 U.S.C. § 1915. However, having thoroughly reviewed Plaintiff's pleading, the Court will dismiss the Complaint pursuant to 28 U.S... Charles T. McNAIR, et al., Plaintiffs, v. SYNAPSE GROUP, INC., Defendant. , D.N.J., November 5, 2009 OPINION LINARES, District Judge. This matter comes before the Court on the motion to amend the complaint filed by Plaintiffs. This Court has considered the submissions in support of and in opposition to the motion and decides this matter without oral argument pursuant to Rule 78 of the Federal Rules of Civil Procedure. For the reasons set forth below, Plaintiffs' motion to amend the Complaint is granted; the Court accepts the proposed amended complaint for filing except that Plaintiffs' New J... Elliott and Isabella BATES, Plaintiffs, v. State of NEW JERSEY, et al., Defendants. , D.N.J., November 5, 2009 MEMORANDUM OPINION BROWN, Chief Judge. This matter comes before the Court upon the motion of pro se Plaintiffs Elliott and Isabella Bates ("Plaintiffs") for judgment on the pleadings against Defendants the State of New Jersey, et al . ("Defendants"). [# 6] Defendants oppose Plaintiffs' present motion. [# 7, 8] The Court has considered all submissions without oral argument pursuant to Federal Rule of Civil Procedure 78. For the reasons that follow, Plaintiffs' motion will be denied and Plainti... Bruce Anthony ABRAHAM, Petitioner, v. UNITED STATES of America, Respondent. , D.N.J., November 5, 2009 MEMORANDUM OPINION SIMANDLE, District Judge. Petitioner Bruce Anthony Abraham, on January 11, 2008, filed the present petition to set aside his misdemeanor conviction and probationary sentence imposed on December 10, 2002, before former U.S. Magistrate Judge Joel B. Rosen, in United States v. Abraham, 01-mj-2109 (JBR). The United States has moved to dismiss Petitioner's § 2255 motion, due to untimeliness and due alternatively to lack of custody status. This matter is before the Court upon Pet... NOVARTIS PHARMACEUTICALS CORPORATION, Novartis Pharma AG, and Novartis International Pharmaceutical Ltd., Plaintiffs, v. TEVA PHARMACEUTICALS USA, INC., Defendant. , D.N.J., November 5, 2009 Jonathan M.H. Short, Mark H. Anania, William J. O'Shaughnessy, Nicole A. Corona, McCarter & English, LLP, Newark, NJ, for Plaintiffs. Allyn Zissel Lite, Mayra Velez Tarantino, Michael E. Patunas, Lite, Depalma, Greenberg & Rivas, LLC, Newark, NJ, for Defendant. OPINION DENNIS M. CAVANAUGH, District Judge. This matter comes before the Court upon eleven (11) motions in limine by Plaintiffs, Novartis International Pharmaceutical Ltd. ("NIP"), Novartis Pharmaceutical Corporation ("NPC") and... Theodore BROWN, Petitioner, v. GRONDOLSKY et al., Respondents. , D.N.J., November 5, 2009 Theodore Brown, Fort Dix, NJ, pro se. MEMORANDUM OPINION & ORDER RENEE MARIE BUMB, District Judge. This matter comes before the Court upon Petitioner's motion for reconsideration, see Docket Entry No. 4, and it appearing that: 1. On July 7, 2009, the Clerk received Petitioner's § 2241 application. See Docket Entry No. 1. The application arrived unaccompanied by either Petitioner's fee of $5.00 or by his in forma pauperis application. [FN1]See id. In his application, Petitioner challenge... Karen Ann FREICHS, Plaintiff, v. LIFESTAR RESPONSE CORP., et al., Defendants. , D.N.J., November 5, 2009 Cahn & Parra, LLC, by: Steven D. Cahn, Esq., Piscataway, NJ, for Plaintiff. Littler Mendelson, P.C., by: Lindsay N. Schrum, Esq. and Gregory B. Reilly, Esq., Newark, NJ, for Defendants. OPINION DEBEVOISE, Senior District Judge. This matter comes before the Court on a motion by Plaintiff, Karen Ann Frerichs, to remand the litigation to the Superior Court of New Jersey. Defendant Lifestar Response Corporation ("Lifestar")--a Delaware corporation with its primary place of business in Maryla... Patricia CANESTRI, Plaintiff, v. NYSA-ILA PENSION TRUST FUND AND PLAN, Defendant. , D.N.J., November 5, 2009 OPINION LINARES, District Judge. This matter comes before the Court on Defendant's motion to strike Plaintiff's jury demand and a request for sanctions for refusal to voluntarily withdraw the demand. The Court has considered the submissions in support of and in opposition to the motion and decides the matter without oral argument pursuant to Federal Rule of Civil Procedure 78. For the reasons set forth below, Defendant's motion is granted, but the fees and costs of Defendant bringing the moti... Fadi KANAFANI, Plaintiff, v. LUCENT TECHNOLOGIES INC., Defendant. , D.N.J., November 5, 2009 OPINION LINARES, District Judge. This matter comes before the Court on the motion for reconsideration filed by Lucent Technologies Inc. ("Lucent"). This Court has considered the submissions in support of and in opposition to the motion and decides the matter without oral argument pursuant to Rule 78 of the Federal Rules of Civil Procedure. For the reasons discussed below, the Court denies Lucent's motion. I. BACKGROUND This case arises from the termination of Mr. Kanafani's employment with... Alonzo TAYLOR, Plaintiff, v. AMCOR FLEXIBLES INC., Defendant. , D.N.J., November 4, 2009 Anthony J. DiMarino, III, Esquire, A.J. DiMarino, III, P.C., Woodbury, NJ, H. Frances DeLone, Jr., Esquire, Wayne, PA, for Plaintiff. Devjani Mishra, Esquire, Douglas B. Lipsky, Esquire, Seyfarth Shaw LLP, New York, NY, for Defendant. OPINION HILLMAN, District Judge. This matter comes before the Court on Plaintiff's Motion for Partial Summary Judgment on Counts I and II of his Complaint and Defendant's Motion for Summary Judgment. For the reasons expressed below, Plaintiff's Motion will... Jeffrey CARRIER, Plaintiff, v. CITY OF PLAINFIELD, Defendant. , D.N.J., November 4, 2009 OPINION CHESLER, District Judge. This matter comes before the Court on the motion for partial summary judgment by Defendant City of Plainfield ("Defendant"). For the reasons set forth below, Defendant's motion for partial summary judgment will be granted. BACKGROUND This case arises out of a dispute over employment discrimination. The following facts are undisputed. Plaintiff Jeffrey Carrier has been a Police Officer for Defendant since July of 1993. Plaintiff sat for the promotional examin... Melanie RAIT, Plaintiff, v. SEARS, ROEBUCK AND CO. and Sears Holding Corporation, Defendants. , D.N.J., November 4, 2009 OPINION LINARES, District Judge. This matter comes before the Court on the motion to dismiss Counts I and II of Plaintiffs Second Amended Complaint filed by Defendants Sears, Roebuck and Company and Sears Holding Corporation ("Sears") pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff Melanie Rait originally commenced this class action asserting claims for violations of the New Jersey Consumer Fraud Act ("CFA"), common-law fraud, unjust enrichment, breach of the implied warranty ... Stephen A. GARDNER, Plaintiff, v. State of NEW JERSEY, et al., Defendants. , D.N.J., November 4, 2009 MEMORANDUM OPINION FREDA L. WOLFSON, District Judge. This matter coming before the Court upon Plaintiff's submission of a Complaint which was construed as an Amended Complaint in the above action, and it appearing that: 1. Plaintiff, a prisoner incarcerated at Somerset County Jail, filed a Complaint in forma pauperis pursuant to 28 U.S.C. § 1915 asserting violation of his constitutional rights under 42 U.S.C. § 1983. 2. By Order and Opinion entered March 31, 2009, this Court dismissed t... FEDERAL TRADE COMMISSION, Plaintiff, v. HOPE NOW MODIFICATIONS, LLC, et al., Defendants. Hope Now Modifications, LLC, et al., Third Party Plaintiffs, v. Michael Kwasnik, et al., Third Party Defendants. , D.N.J., November 4, 2009 ORDER JEROME B. SIMANDLE, District Judge. This matter having come before the Court upon the FTC's motion to strike Defendants' affirmative defense and demand for a jury trial, to the extent that the jury demand extends to Plaintiff's claims against Defendants [Docket Item 38]; the Court having considered the arguments advanced by the parties in support thereof and in opposition thereto; for the reasons discussed in the Memorandum Opinion of today's date; and for good cause shown; IT IS this 4... In re MENTOR CORP. OBTAPE TRANSOBTURATOR SLING PRODUCTS LIABILITY LITIGATION. , D.N.J., November 4, 2009 ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE JOEL A. PISANO, District Judge. This matter having come before the Court on the Report and Recommendation of United States Magistrate Judge Tonianne J. Bongiovanni, filed on October 6, 2009; the Court having received no objections; and the Court having reviewed the Report and Recommendation and other documents on file in this matter and for good cause having been shown, IT IS ON this 2nd day of November, 2009, ORDERED tha... Athena Michelle LYSAK, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , D.N.J., November 4, 2009 OPINION WILLIAM J. MARTINI, District Judge. MEMORANDUM OPINION Plaintiff Athena Michelle Lysak brings this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) of the Social Security Act as amended, seeking review of a final determination by the Commissioner of Social Security (the "Commissioner") denying her application for Disability Insurance Benefits ("DIB") and Supplemental Security Income Benefits ("SSIB"). On appeal to this Court, Plaintiff contends that the Commissioner's administ... Tariq Kareem AYRES, Plaintiff, v. Charlie ELLIS, et al., Defendants. , D.N.J., November 4, 2009 OPINION WOLFSON, District Judge. This matter comes before the Court upon submission of a civil complaint ("Complaint") by Tariq Kareem Ayres ("Plaintiff"), addressing the events that allegedly, took place while Plaintiff was a pre-trial detainee confined at the Monmouth County Correctional Facility ("Facility"). Having thoroughly reviewed Plaintiff's allegations stated in the Complaint and his recently submitted application to proceed in forma pauperis, [FN1] as required by 28 U.S.C. §§ 1... Daniel GATSON, et al., Plaintiffs, v. State of NEW JERSEY, et al., Defendants. , D.N.J., November 4, 2009 Daniel Gatson, Newark, NJ, pro se. Anthony Hanks, Brooklyn, NY, pro se. OPINION CHESLER, District Judge. Plaintiffs, Daniel Gatson, a convicted state prisoner currently confined at the Northern State Prison in Newark, New Jersey, and Anthony Hanks, residing at 478 Park Avenue in Brooklyn, New York, seek to bring this action in forma pauperis. Both Plaintiffs provide affidavits of indigency. Based on Plaintiffs' affidavits of indigency, and the absence of three qualifying dismissals withi... Hector ROSADO-FIGUEROA, pro se, Petitioner, v. UNITED STATES of America, Respondent. , D.N.J., November 4, 2009 Hector Rosado-Figueroa, Waymart, PA, pro se. Stacey A. Levine, Office of the U.S. Attorney, Newark, NJ, Thomas J. Eicher, United States Attorney's Office, Trenton, NJ, for Respondent. OPINION THOMPSON, District Judge. This matter comes before the Court upon Petitioner's Motion to Vacate, Set Aside, or Correct Sentence [1], filed under 28 U.S.C. § 2255. As the Court concludes that the record developed at Petitioner's sentencing hearing conclusively demonstrates that Petitioner is not ... UNITED ASSOCIATION, LOCAL UNION NO. 322 PENSION FUND et al., Plaintiffs, v. COASTAL MECHANICAL SYSTEMS, INC., Defendant. , D.N.J., November 4, 2009 Jerome A. Flanagan, Jennings Sigmond, PC, Philadelphia, PA, for Plaintiffs. MEMORANDUM OPINION BROWN, Chief Judge. This matter comes before the Court upon the motion of Plaintiffs United Association, Local Union No. 322 Pension Fund ET AL. ("Plaintiffs") for default judgment against Defendant Coastal Mechanical Systems, Inc. ("Coastal"). [# 5] Coastal has not opposed Plaintiffs' present motion. The Court has decided this matter without oral argument pursuant to Federal Rule of Civil Procedu... Jorge GARCIA, et al., Plaintiffs, v. FREEDOM MORTGAGE CORPORATION, Defendant. , D.N.J., November 2, 2009 Vincent M. Giblin, Esq., Pitta & Giblin LLP., New York, NY, for Plaintiffs. Heidi R. Burakiewicz, Esq., Woodley & Mcgillivary, Washington, D.C., for Plaintiffs. William H. Healey, Esq., Phillip G. Ray, Esq., Mandelbaum, Salsburg, Gold, Lazris & Discenza, PC, West Orange, NJ, for Defendant. OPINION JOSEPH E. IRENAS, District Judge. I. Pursuant to the Court's September 18, 2009 order, Plaintiffs and Defendant submitted briefs on the renewed request for conditional certification of the co... Damien Stephen DONAHUE, Petitioner, v. Warden Jeff GRONDOLSKY, Respondent. , D.N.J., November 2, 2009 Damien Stephen Donahue, Fort Dix, NJ, pro se. Irene E. Dowdy, Ausa, Office of the U.S. Attorney, Camden, NJ, for Respondent. OPINION HILLMAN, District Judge. On or about November 6, 2008, petitioner, Damien Stephen Donahue ("Donahue"), filed this petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, in which he challenges a prison disciplinary proceeding. Donahue asks the Court to expunge the disciplinary finding and sanctions imposed against him by prison officials. The n... Theodore COHEN, Plaintiff, v. Andrew TELSEY, Defendant. , D.N.J., November 2, 2009 Law Offices of Christopher B. Turcotte, P.C., Christopher B. Turcotte, Esq., New York, NY, Herten, Burstein, Sheridan, Cevasco, Bottinelli, Litt & Harz, LLC, Patrick Papalia, Esq., Hackensack, NJ, for Plaintiff. Sterns & Weinroth, Marshall D. Bilder, Esq., Christopher E. Torkelson, Esq., Jonathan H. Katz, Esq., Trenton, NJ, Ronald B. Taylor, P.C., Ronald B. Taylor, Englewood, CO, for Defendant. OPINION DEBEVOISE, Senior District Judge. This matter comes before the Court on defendant, And... James S. VARGO, Petitioner, v. Jeff GRONDOLSKY, Respondents. , D.N.J., November 2, 2009 MEMORANDUM OPINION RENEE MARIE BUMB, District Judge. IT APPEARING THAT 1. On or about August 20, 2009, James S. Vargo, an inmate incarcerated at FCI Fort Dix in New Jersey, filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 claiming that the failure to place him in a community corrections center ("CCC") for more than six months violates the Second Chance Act, as interpreted in Strong v. Schultz, 599 F.Supp.2d 556 (D.N.J.2009). 2. By Order and Opinion entered September 2... Edward COOPER, Petitioner, v. Warden GRONDOLSKY, Respondents. , D.N.J., November 2, 2009 MEMORANDUM OPINION JEROME B. SIMANDLE, District Judge. IT APPEARING THAT: 1. On June 18, 2009, Edward Cooper, an inmate incarcerated at FCI Fort Dix in New Jersey, filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 claiming that the failure to consider him for a 12-month placement in a community corrections center ("CCC") violates the Second Chance Act and Strong v. Schultz, 599 F.Supp.2d 556 (D.N.J.2009). 2. By Order and Opinion entered July 8, 2009, this Court dismiss... Leroy McKNIGHT, Plaintiff, v. Arlene Pierre BRYANT and Nan S. Famular, Defendants. , D.N.J., November 2, 2009 Leroy McKnight, Lindenwold, NJ, pro se. OPINION HILLMAN, District Judge. Plaintiff, Leroy McKnight, a pro se litigant, brings this civil rights and tort action against defendants Arlene Pierre-Bryant and the Honorable Nan S. Famular, a Superior Court Judge in New Jersey. Plaintiff alleges that, as part of a legal action in New Jersey, Pierre-Bryant lied and misrepresented facts to the state court about her relationship and interactions with plaintiff. In addition, plaintiff alleges that Jud... FAHS ROLSTON PAVING CORP., Plaintiff, v. PENNINGTON PROPERTIES DEVELOPMENT CORP., INC., et al., Defendants. , D.N.J., November 2, 2009 MEMORANDUM OPINION BONGIOVANNI, United States Magistrate Judge. Currently pending before the Court is Defendants Pennington Properties Development Corp., Inc., Westrum Pennington, L.P., Peter Bleicher and Mark Ellenbogen's (the Pennington Defendants) motion to amend their Counterclaim in order to add a new count for breach of fiduciary duty. [Docket Entry No. 172]. Plaintiff opposes the Pennington Defendants' motion. The Court has fully reviewed the papers submitted in support of and in oppos... Agustin GARCIA, a/k/a Augustin Garcia, Plaintiff, v. Thomas DECHAN, et al., Defendants. , D.N.J., November 2, 2009 Agustin Garcia, Trenton, NJ, pro se. OPINION PISANO, District Judge. Plaintiff Agustin Garcia, a prisoner confined at New Jersey State Prison in Trenton, New Jersey, seeks to bring this action in forma pauperis pursuant to 42 U.S.C. § 1983, alleging violations of his constitutional rights. Based on his affidavit of indigence and the absence of three qualifying dismissals within 28 U.S.C. § 1915(g), the Court will grant Plaintiff's application to proceed in forma pauperis pursuant to 28 U.S.... Jude DESTRO and Virginia Destro, Plaintiff, v. HACKENSACK WATER COMPANY, United Water Resources Company, et al., Defendants. , D.N.J., November 2, 2009 Richard Samuel Mazawey, Law Offices of Richard Mazawey, Clifton, NJ, for Plaintiff. Brett M. Anders, Joseph C. Toris, Jackson Lewis LLP, Morristown, NJ, Steven J. Bushinsky, O'Brien, Belland & Bushinsky, LLC, Cherry Hill, NJ, for Defendants. OPINION CHESLER, District Judge. This matter comes before the Court on the motion by Defendants Utility Workers Union of America-Local 375 and Perry Ruta ("Defendants" or "Local 375/Ruta") to dismiss Counts Eight and Nine of Plaintiffs' Amended Comp... TRUCKING EMPLOYEES OF NORTH JERSEY WELFARE FUND, INC.-PENSION FUND, Appellant, v. MARCAL PAPER MILLS, INC., Appellee. , D.N.J., November 2, 2009 CHESLER, District Judge. This matter comes before the Court on the appeal of an order entered by the United States Bankruptcy Court for the District of New Jersey ("Bankruptcy Court") in the proceedings captioned In the Matter of: Marcal Paper Mills, Inc., Case No. 06-21886(MS). Appellant Trucking Employees of North Jersey Welfare Fund, Inc.-Pension Fund ("Appellant" or "TENJ Pension Fund"), a claimant in the underlying bankruptcy proceedings, appeals from the Bankruptcy Court's February 17, ... Darryl Anthony HAMMARY, Plaintiff, v. George W. HAYMAN, et al., Defendants. , D.N.J., November 2, 2009 Darryl Anthony Hammary, Bridgeton, NJ, pro se. OPINION WOLFSON, District Judge. Plaintiff, Darryl Anthony Hammary, a convicted state prisoner confined at the South Woods State Prison in Bridgeton, New Jersey, at the time he submitted this Complaint for filing, seeks to bring this action in forma pauperis. Plaintiff provides an affidavit of indigency and his inmate account statement. Based on Plaintiff's affidavit of indigency, and the absence of three qualifying dismissals within 28 U.S.C. ... Thomas AIELLOS, Joseph Inglima, Donald Pierce, Scott Sybel, Anthony Duardo, Ralph Cavallo, and Vincent Riotto, Plaintiffs, v. Chief C. Kenneth ZISA, Joseph Zisa, Tomas Padilla, Kevin Toomey, Anthony Trezza, Phillip Carroll, Captain Thomas Salcedo, , D.N.J., November 2, 2009 OPINION WILLIAM J. MARTINI, District Judge. MEMORANDUM OPINION [FN1] FN1. For the convenience of the reader of this document in electronic format, hyperlinks to the Court's record and to authority cited herein may be inserted. No endorsement of any provider of electronic or other resources is intended by the Court's practice of using hyperlinks. I. INTRODUCTION On June 24, 2009, Plaintiffs, current and former officers of the Hackensack Police Department ("HPD"), filed an eleven-count civil rig... OPERATIVE PLASTERERS & CEMENT MASONS INTERNATIONAL ASSOC. LOCAL 8, et al, Plaintiff, v. AGJ CONSTRUCTION, LLC, et al, Defendant. , D.N.J., October 30, 2009 MEMORANDUM & ORDER BUMB, District Judge. This matter comes before the Court upon its own motion. The plaintiffs, Operative Plasterers & Cement Masons International Association Local No. 8; Plasterers Local 8 Health and Welfare Fund; Plasterers Local 8 Pension Fund; Plasterers Local 8 Annuity Fund; Plasterers Local 8 Industry Fund; Plasterers Local 8 Joint Apprenticeship Fund; and Thomas Kilkenny, Trustee, Plasterers Local 8 Benefits Funds, (collectively, the "Plaintiffs") initiated this actio... Pedro LUNA, Plaintiff, v. CAMDEN POLICE, et al., Defendants. , D.N.J., October 30, 2009 Pedro Luna, Camden, NJ, pro se. MEMORANDUM AND ORDER RENEE MARIE BUMB, District Judge. Pedro Luna, a state inmate presently confined at the Camden County Correctional Facility in Camden, New Jersey, at the time he submitted this Complaint for filing, seeks to bring this civil rights action under 42 U.S.C. § 1983, for alleged violations of his constitutional rights. Plaintiff failed to pay the $350.00 filing fee and did not submit a complete application to proceed in forma pauperis, pursuant... The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. Kathleen GIACOBBE, Robert F. Giacobbe, Robert A. Giacobbe, and Linda Giacobbe, Defendant. , D.N.J., October 30, 2009 MEMORANDUM & ORDER THOMPSON, District Judge. This matter is before the Court upon Defendant Robert A. Giacobbe's Motion for Partial Summary Judgment [54] on Count III of Defendant Linda Giacobbe's Crosscomplaint, Defendant Linda Giacobbe's Motion for Partial Summary Judgment [59] on Count V of her Crosscomplaint, and Defendant Robert A. Giacobbe's Cross Motion for Partial Summary Judgment [64] on Count V of Linda Giacobbe's Crosscomplaint. The Court has decided these Motions based upon the su... Alonzo JENKINS, Plaintiff, v. Jon S. CORZINE, et al., Defendants. , D.N.J., October 30, 2009 ORDER DENNIS M. CAVANAUGH, District Judge. For the reasons expressed in the Memorandum Opinion accompanying this Order, IT IS on this 14 day of Oct, 2009, ORDERED that Plaintiff's motion [docket entry no. 6] for reconsideration of the Order dismissing the Complaint without leave to amend is GRANTED and the Clerk shall reopen the file; and it is further ORDERED that the Clerk shall make a new and separate docket entry reading "CIVIL CASE REOPENED;" and it is further ORDERED that, ... Milton DURHAM, Plaintiff, v. NJSP-SCO VEKIOS, et al., Defendants. , D.N.J., October 30, 2009 Milton Durham, Trenton, NJ, pro se. MEMORANDUM OPINION WOLFON, District Judge. Plaintiff Milton Durham, a prisoner confined at New Jersey State Prison in Trenton, New Jersey, seeks to bring this civil action in forma pauperis, without prepayment of fees or security, asserting claims pursuant to 42 U.S.C. § 1983. Civil actions brought in forma pauperis are governed by 28 U.S.C. § 1915. The Prison Litigation Reform Act of 1995, Pub.L. No. 104-135, 110 Stat. 1321 (April 26, 1996) (the "PLRA... Michael RUSH, Plaintiff, v. George HAYMAN, et al., Defendants. , D.N.J., October 30, 2009 Michael Rush, Newark, NJ, pro se. MEMORANDUM OPINION SHERIDAN, District Judge. Plaintiff Michael Rush, a prisoner confined at Northern State Prison in Newark, New Jersey, seeks to bring this civil action in forma pauperis, without prepayment of fees or security, asserting claims pursuant to 42 U.S.C. § 1983. Civil actions brought in forma pauperis are governed by 28 U.S.C. § 1915. The Prison Litigation Reform Act of 1995, Pub.L. No. 104-135, 110 Stat. 1321 (April 26, 1996) (the "PLRA"), ... Russell CHRISTIE, Plaintiff, v. S.A. Douglas MacFARLANE, Defendants. , D.N.J., October 30, 2009 Russell Christie, Metropolitan Detention Center Brooklyn, NJ, pro se. OPINION CAVANAUGH, District Judge. Plaintiff Russell Christie, a prisoner currently confined at the Metropolitan Detention Center in Brooklyn, New York, seeks to bring this action pursuant to Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), alleging violations of his constitutional rights. At this time, the Court must review the Complaint to determine whether it should be dismissed as frivolous or mali... UNITED STATES, Plaintiff, v. Oliver CHUKWUMA, Defendant. , D.N.J., October 29, 2009 OPINION & ORDER HOCHBERG, District Judge. This matter comes before the Court upon Defendant Oliver Chukwuma's motion to dismiss Counts 1-5 of the Indictment for violation of the Speedy Trial Act. The Act requires that "[a]ny information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested." 18 U.S.C. § 3161(b). Here, Defendant was arrested on June 14, 2006 on a criminal complaint chargin... Frank GREEN, Plaintiff, v. The PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Robert Eadicicco, Tony Carvagno, Nicholas Mircovich, Lela Martin, Cotea Jones, Laurie Price, and Tommy Smith, Defendants. , D.N.J., October 29, 2009 OPINION KATHARINE S. HAYDEN, District Judge. I. Introduction Plaintiff Frank Green has sued his employer, The Port Authority of New York and New Jersey ("Port Authority"), and individuals who are employed there--Robert Eadicicco, Tony Carvagno, Nicholas Mircovich, Lela Martin, Cotea Jones, Laurie Price, and Tommy Smith--on grounds that his civil rights were violated. Specifically, Green alleges that the Port Authority and the individual defendants: (1) created a hostile work environment for h... WARNER CHILCOTT LABORATORIES IRELAND LIMITED, et al., Plaintiffs, v. IMPAX LABORATORIES, INC., et al., Defendants. , D.N.J., October 29, 2009 OPINION FALK, United States Magistrate Judge. Before the Court is a dispute over the scope of a discovery confidentiality order. The parties agree that there should be a confidentiality order in these complex patent cases but disagree on two issues. Plaintiffs request that the Court enter the discovery confidentiality order referenced in Local Patent Rule 2.2 and reprinted in Appendix "S" to the Court's Local Civil Rules. Defendants request that the order include two additional provisions: (1... Mario P. CINCERELLA, Plaintiff, v. EGG HARBOR TOWNSHIP POLICE DEPARTMENT, et al., Defendants. , D.N.J., October 28, 2009 OPINION KUGLER, District Judge. This action arises out of the arrest and detention of Plaintiff Mario P. Cincerella on March 14, 2004. Plaintiff originally filed suit against Defendants Egg Harbor Township Police Department, the State of New Jersey, Chief of Police John J. Coyle, and John Does Probations Officers (1-10). The Honorable Magistrate Judge Joel Schneider granted Plaintiff leave to amend the original complaint whereupon Plaintiff added Defendants Gary Rzemyk, Charles Davenport, Edw... UNITED STATES of America, Plaintiff, v. Anthony MONTGOMERY, Defendant. , D.N.J., October 28, 2009 OPINION & ORDER THOMPSON, District Judge. This matter comes before the Court upon Defendant's Motion to Suppress [9]. This Court has reviewed the written submissions of the parties, heard oral argument, and received testimony regarding the matter. Defendant arrived at Monmouth County Correctional Institution ("MCCI") on May 2, 2008, charged with carjacking and other offenses. Later that month, he was placed in "J-Pod," a disciplinary bubble within the institution. For most of his time... LOUIS VUITTON MALLETIER, S.A., a foreign business entity, Plaintiff, v. Joseph MOSSERI, an individual d/b/a Labolso.com, d/b/a Fashionetailer.com, agent of Pouchette.com, a/k/a Joseph Moss, d/b/a Sacbelle.com, d/b/a Leshanta.com, and 613 Camera Cor, D.N.J., October 28, 2009 Gabriel H. Halpern, Esq., Pinilis Halpern, LLP, Morristown, NJ, for Plaintiff. MEMORANDUM OPINION BROWN, Chief Judge. This matter comes before the Court on Plaintiff Louis Vuitton Malletier, S.A.'s ("Louis Vuitton") motion for default judgment (Doc. No. 23) as against Defendant 613 Camera Corp., a New York Corporation doing business as Leshanta.com, Fashionetailer.com, Sacbelle.com, Balenci.com, Labolso.com, Pouchette.com, and Yuella.com ("Defaulting Defendant"). [FN1] For the following reason... Amsale GIZAW, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, and the United States Citizenship & Immigrant Services, Respondents. , D.N.J., October 28, 2009 OPINION DENNIS M. CAVANAUGH, District Judge. This matter comes before the Court upon motion by Respondents, Department of Homeland Security and the United States Citizenship & Immigration Services, to dismiss Petitioner's complaint for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1) and Fed.R.Civ.P. 12(b)(3). Pursuant to Fed.R.Civ.P. 78, no oral argument was heard. After considering the submissions of the parties, and based upon the following, it is the decision of this Court ... Gregory TRICE, Petitioner, v. Warden GRONDOLSKY, Respondent. , D.N.J., October 28, 2009 Gregory Trice, Fort Dix, NJ, pro se. Ralph J. Marra, Jr., Acting United States Attorney, Paul A. Blaine, Assistant U.S. Attorney, Camden, NJ. OPINION HILLMAN, District Judge. This matter comes before the Court on Petitioner, Gregory Trice's ("Trice"), application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging his sentence computation by the Bureau of Prison's ("BOP"). On September 25, 2009, this Court entered an Opinion and Order denying Trice's claim for prior cu... Joseph McMULLEN and Christopher Obchinetz, on behalf of themselves and all others similarly situated, Plaintiffs, v. MAPLE SHADE TOWNSHIP, in its own right and on behalf of similarly situated New jersey municipal entities, Defendant. , D.N.J., October 28, 2009 OPINION KUGLER, District Judge. This matter comes before the Court on a motion by Defendant Maple Shade Township ("Defendant") to dismiss the Amended Complaint of Plaintiffs Joseph McMullen and Christopher Obchinetz ("Plaintiffs") pursuant to Federal Rules of Civil Procedure 12(b) (1) and (6). The Amended Complaint brings federal claims pursuant to 42 U.S.C. § 1983 ("Section 1983") for alleged violations of Plaintiffs' rights under the Fourth and Fourteenth Amendments to the Constitution as w... Esther CANDIDO, Plaintiff, v. Michael ASTRUE, Commissioner of Social Security, Defendant. , D.N.J., October 28, 2009 Legal Services of New Jersey, by: Kevin Liebkemann, Esq., Edison, NJ, for Plaintiff. Paul Fishman, United States Attorney, Margaret A. Donaghy, Special Assistant U.S. Attorney, c/o Social Security Administration, New York, NY, for Defendant. OPINION DEBEVOISE, Senior District Judge. Plaintiff, Esther Candido, appeals from a final determination of the Commissioner of Social Security (the "Commissioner"), denying her application for Supplemental Security Income benefits ("SSI") under Title... Joseph COLLICK, Plaintiff, v. WEEKS MARINE, INC., et al., Defendants. , D.N.J., October 28, 2009 Bennett, Giuliano, McDonnell & Perrone, LLP (Nicholas P. Giuliano, Matthew J. Cowan, and Richard J. Colosimo, of counsel), Morris Plains, NJ, for Plaintiff. Betancourt, Van Hemmen, Greco & Kenyon LLC (Ronald Betancourt, of counsel), Red Bank, NJ, for Defendant Weeks Marine, Inc. MEMORANDUM OPINION COOPER, District Judge. Plaintiff, Joseph Collick, brought this action against his former employer, defendant Weeks Marine, Inc. ("Weeks"), and defendant Haztek, Inc., to recover damages for p... Steven C. THOMPSON, Plaintiff, v. EVA'S VILLAGE AND SHELTERING PROGRAM, et al., Defendants. , D.N.J., October 28, 2009 OPINION WIGENTON, District Judge. Pro se Plaintiff Steven Thompson filed a Motion for Reconsideration and to Strike Pursuant to Federal Rule of Civil Procedure 60(b)(3)(6) in which he asserts that the April 1, 2009 Order, denying his in forma pauperis application on the basis of the October 20, 2008 Letter Order filed in Thompson v. Eva's Vill. & Sheltering Program, No. 04-2548, 2008 U.S. Dist. LEXIS 83451 (D.N.J. Oct. 20, 2008), is erroneous. He asserts that pursuant to Rule 60, his Complain... John D. HANDRON, Plaintiff, v. Kathleen SEBELIUS, Secretary of the United States Department of Health and Human Services, Defendant. , D.N.J., October 27, 2009 David Michael Laigaie, DIL Worth Paxton LLP, Philadelphia, PA, for Plaintiff. Neil Rodgers Gallagher, Susan J. Steele, United States Attorney's Office, Newark, NJ, for Defendant. OPINION KUGLER, District Judge. This case poses a simple question with a difficult answer: What do the words "or otherwise" mean in the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504? This question comes before the Court upon the Motion for Summary Judgment by Plaintiff Dr. John D. Handron (Docket No. 10). P... In re MARKSON ROSENTHAL & COMPANY, INC., Debtor. Mr Wind Down Company, Inc. formerly known as Markson Rosenthal & Company, Inc., a New Jersey corporation, Plaintiff, v. Rock-Tenn Converting Company, a corporation of the State of Georgia, Defendant, D.N.J., October 27, 2009 Cole, Schotz, Meisel, Forman & Leonard, P.A., Ilana Volkov, Esq., Hackensack, NJ, for Defendant. Becker Meisel, LLC, Joseph G. Harraka, Esq., Livingston, NJ, for Plaintiff. Drinker Biddle & Reath LLP, Robert K. Malone, Esq., Douglas J. McGill, Esq., Florham Park, NJ, for Plaintiff. OPINION The Honorable DONALD H. STECKROTH, Bankruptcy Judge. On June 7, 2006, MR Wind Down Company, Inc. f/k/a Markson Rosenthal & Company, Inc. (hereinafter "Debtor" or "MR") filed an amended adversary com... John D. HANDRON, Plaintiff, v. Kathleen SEBELIUS, Secretary of the United States Department of Health and Human Services, Defendant. , D.N.J., October 27, 2009 David Michael Laigaie, Dil Worth Paxton LLP, Philadelphia, PA, for Plaintiff. Neil Rodgers Gallagher, Susan J. Steele, United States Attorney's Office, Newark, NJ, for Defendant. OPINION KUGLER, District Judge: This case poses a simple question with a difficult answer: What do the words "or otherwise" mean in the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504? This question comes before the Court upon the Motion for Summary Judgment by Plaintiff Dr. John D. Handron (Docket No. 10). P... CENTURY 21 REAL ESTATE, L.L.C., Plaintiff, v. MILLS FIRST, INC., Defendant. , D.N.J., October 27, 2009 OPINION WALLS, Senior District Judge. Plaintiff Century 21 Real Estate, L.L.C. ("Century 21") moves for final judgment by default, pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, against Defendant Mills First, Inc. ("Mills First") for violations of the Lanham Act and for breach of certain franchise agreements entered into between Century 21 and Mills First ("the Franchise Agreements" or "the Agreements"). Pursuant to Rule 78 of the Federal Rules of Civil Procedure, Century ... TRUCKING EMPLOYEES OF NORTH JERSEY WELFARE FUND, INC.-PENSION FUND, Plaintiff, v. CALIBER AUTO TRANSFER, INC., Defendant. , D.N.J., October 27, 2009 OPINION GREENAWAY, JR., District Judge. This matter comes before this Court on the motion for entry of default judgment (Docket Entry No. 11) by plaintiff, Trucking Employees of North Jersey Welfare Fund Inc.--Pension Fund ("Plaintiff" or the "Pension Fund"). Plaintiff seeks entry of default judgment against defendant, Caliber Auto Transfer, Inc. ("Defendant" or "Caliber"), pursuant to Fed. R. Civ. P. 55(b). Plaintiff requests monetary damages stemming from Defendant's complete withdrawal fro... In re SAMSUNG DLP TELEVISION CLASS ACTION LITIGATION. , D.N.J., October 27, 2009 MEMORANDUM OPINION BROWN, Chief Judge. This matter comes before the Court upon the motion of Defendants Samsung Electronics America, Inc. and Samsung Electronics Co. Ltd. (collectively "Samsung") to dismiss the amended consolidated class action complaint filed by Plaintiffs Phil McCalley, David Jinks, Jossef Goldberg, George Menendez, Paul C. Giachetti, Chad Owens, Chris Choi, Walter J. Bertram, Jr., Doug Dowden, and Seth Pascale (collectively "Plaintiffs") on behalf of themselves and all oth... The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. Cynthia BENNETT, Everett Bennett, Coleman Younger Bennett, IV, Laura Christine Bennett Elizabeth Livingston, and Mulhearn Funeral Home, Inc., Defendant. , D.N.J., October 27, 2009 OPINION GREENAWAY, JR., District Judge. This matter comes before this Court on the motions [FN1] filed by plaintiff, Prudential Insurance Company of America ("Plaintiff" or "Prudential"), seeking entry of default judgment against defendants, Cynthia Bennett, Everett Bennett, Laura Christine Bennett, [FN2] Elizabeth Livingston, and Mulhearn Funeral Home, Inc. ("Mulhearn Funeral") (collectively, "Defendants"), pursuant to Fed. R. Civ. P. 55(b). For the reasons set forth below, these motions sh... Chukwuemeka TUTU, Petitioner, v. Larry GLOVER, et. al., Respondents. , D.N.J., October 27, 2009 Chukwuemeka Tutu, Newark, NJ, pro se. OPINION HOCHBERG, District Judge. This matter is before the Court on petitioner Chukwuemeka Tutu's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, in which he is challenging his 1990 New Jersey state court conviction and sentence. For reasons discussed below, it appears from review of the petition papers provided by petitioner that his § 2254 habeas petition is subject to dismissal as time-barred under 28 U.S.C. § 2244(d). [FN1] FN1. ... George VASQUEZ, Plaintiff, v. John B. DWYER, et al., Defendants. , D.N.J., October 27, 2009 George Vasquez, Newark, NJ, pro se. OPINION GREENAWAY, JR., District Judge. Plaintiff, George Vasquez, currently incarcerated at the Northern State Prison, Newark, New Jersey, seeks to bring this action in forma pauperis, without prepayment of fees, pursuant to 28 U.S.C. § 1915. Based on Plaintiff's affidavit of indigence and institutional account statement, this Court will grant his application to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915(a), and order the Clerk of the Court ... Perry F. MOTOLO, Petitioner, v. UNITED STATES of America, Respondent. , D.N.J., October 27, 2009 PERRY F. MOTOLO, Fort Dix, NJ, pro se. OPINION BUMB, District Judge. Perry F. Motolo ("Petitioner") filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 challenging the federal sentence he is serving and seeking release. Having thoroughly reviewed Petitioner's submissions, this Court will summarily dismiss the Petition for lack of jurisdiction. I. BACKGROUND On February 4, 2008, Petitioner pled guilty to 27 counts of mail fraud, money laundering, tax evasion, and othe... Martin L. ROGERS, Petitioner, v. Bruce A. HAUCK, et al., Respondents. , D.N.J., October 26, 2009 Martin L. Rogers, Newark, NJ, pro se. Barbara A. Rosenkrans, Assistant Prosecutor, Paula T. Dow, Essex County Prosecutor, Newark, NJ, for Respondents. OPINION GREENAWAY, JR., District Judge. Martin L. Rogers ("Petitioner") filed a Petition and an Amended Petition for a Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, challenging judgments of conviction entered in the Superior Court of New Jersey, Essex County, April 7, 2000, and amended as to the sentence on October 17, 2002. The jud... William M. BROWNSTEIN, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant. , D.N.J., October 26, 2009 OPINION GREENAWAY, JR., District Judge. This matter comes before this Court on plaintiff William Brownstein's ("Plaintiff") action, pursuant to 42 U.S.C. § 405(g), seeking review of the Commissioner of Social Security's ("Commissioner") decision denying Plaintiff's application for Social Security Disability Insurance Benefits ("DIB") [FN1] and Supplemental Security Income ("SSI"). [FN2] (Tr. 14,30-34.) [FN3] Plaintiff contends that the Commissioner's decision was in error because substanti... John L. HARRIS, III, Plaintiff, v. N.J. STATE PAROLE BOARD, Defendant. , D.N.J., October 26, 2009 John L. Harris, III, Trenton, NJ, pro se. OPINION PISANO, District Judge. Plaintiff, John L. Harris, III, a convicted state prisoner confined at the Mercer County Correctional Center in Trenton, New Jersey, at the time he submitted this Complaint for filing, seeks to bring this action in forma pauperis. Plaintiff provides an affidavit of indigency and his inmate account statement. Based on Plaintiff's affidavit of indigency, and the absence of three qualifying dismissals within 28 U.S.C. § ... Francienna B. GRANT, Plaintiff, v. OMNI HEALTH CARE SYSTEMS OF NJ, INC., et al, Defendants. , D.N.J., October 26, 2009 Marshall L. Williams, Marshall Williams, P.C., Philadelphia, PA, for Plaintiff. Elana Ben-Dov, Peckar & Abramson, River Edge, NJ, for Defendants. MEMORANDUM AND ORDER BUMB, District Judge. On September 24, 2009, this Court entered an Opinion and Order (the "Order") (collectively the "Opinion and Order") imposing sanctions upon counsel for Plaintiff, Francienna Grant (the "Plaintiff"), Marshall L. Williams, Esq., in an amount to be determined upon receipt of opposing counsel's fee applic... Tatiana VELEZ, Plaintiff, v. B. PITTMAN, et al., Defendants. , D.N.J., October 26, 2009 OPINION AND ORDER DENYING APPOINTMENT OF PRO BONO COUNSEL LOIS H. GOODMAN, United States Magistrate Judge. This matter having been opened before the Court upon applications by pro se Plaintiff Shawnite Allen ("Plaintiff"), proceeding in forma pauperis, to appoint pro bono counsel pursuant to 28 U.S.C. § 1915(e)(1) [Docket Entry Nos. 3, 11]; and Plaintiff being presently incarcerated at the New Jersey State Prison; and Plaintiff complaining that Defendants have assaulted her on numerous occasi... C. Lee DEMPSEY, Plaintiff, v. PISTOL PETE'S BEEF N BEER, LLC, d/b/a Pistol Pete's Saloon & Restaurant, d/b/a Pistol Pete's Saloon Steak Housemraw Bar d/b/a Pistol Pete's Steakhouse & Saloon, et al., Defendants. , D.N.J., October 26, 2009 OPINION KUGLER, District Judge. This matter comes before the Court on a motion by Plaintiff C. Lee Dempsey ("Plaintiff") for default judgment. Plaintiff's Complaint brings claims against Defendants Pistol Pete's Beef N Beer, LLC and Salvi & Peter Land, LLC ("Defendants") for violation of the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. ("ADA") and the New Jersey Law Against Discrimination, N.J. STAT. ANN. § 10:5-1 et seq. ("LAD"). Because Plaintiff has not met his burden of ... William EINHORN, Administrator of the Teamsters Pension Trust Fund of Philadelphia and Vicinity and the Teamsters Health and Welfare Trust Fund of Philadelphia and Vicinity, Plaintiff, v. M.L. RUBERTON CONSTRUCTION COMPANY, Defendant/Third Party Pl, D.N.J., October 26, 2009 Stevens & Lee by Frank C. Sabatino, Esq., Jo Bennett, Esq., John C. Kilgannon, Esq., Philadelphia, PA, for Plaintiff. Cohen, Seglias, Pallas, & Greenhall, PC by Melissa C. Angeline, Esq., Jonathan Landesman, Esq., Haddon Heights, NJ, for Defendant/Third Party Plaintiff. Carroll, Mcnulty, & Kull, LLC by David M. Kupfer, Esq., Baskin Ridge, NJ, for Third Party Defendants Tobia and Tobia & Sorger. Harry R. Blackburn & Associates P.C. by John Edward Shields, Jr., Esq., Medford, NJ, for Third ... AMERICAN BROADCASTING COMPANIES, INC, the Associated Press, Cable News Network, Inc., CBS Broadcasting Inc., Fox News Network, L.L.C. and NBC Universal, Inc., Plaintiffs, v. Nina Mitchell WELLS, in her official capacity as the Secretary of State of, D.N.J., October 23, 2009 Kevin J. McKenna, Gibbons, PC, Newark, NJ, for Plaintiff. OPINION PETER G. SHERIDAN, District Judge. This motion comes before the Court on an Order to Show Cause by plaintiffs, ABC, Inc. ("ABC"), The Associated Press, Cable News Network, Inc. ("CNN"), CBS Broadcasting Inc. (CBS), Fox News Network, LLC ("Fox News") and NBC Universal, Inc. ("NBC") (collectively "Plaintiffs") seeking a preliminary injunction. By way of preliminary injunction Plaintiffs request that the Court permit Plainti... MT HOLLY CITIZENS IN ACTION, INC., et al., Plaintiffs, v. TOWNSHIP OF MOUNT HOLLY, et al., Defendants. , D.N.J., October 23, 2009 Douglas E. Gershuny, Exec. Dir., Olga D. Pomar, David M. Podell, South Jersey Legal Services, Inc., Camden, NJ, for Plaintiffs. R. William Potter, Potter & Dickson Princeton, NJ, for Plaintiffs. Susan Ann Silverstein Aarp Foundation Litigation, Washington, DC, for Plaintiffs. Gaetano Mercogliano, Sweeney & Sheehan, Westmont, NJ, for Defendant Triad Associates, Inc. M. James Maley, Maley & Associates, Collingswood, NJ, for Defendant Mount Holly Township, et al. William J. Desantis,... Freddy Delos SANTOS, Petitioner, v. J. GRONDOLSKY, Respondent. , D.N.J., October 23, 2009 ORDER NOEL L. HILLMAN, District Judge. For the reasons expressed in the Memorandum Opinion accompanying this Order, IT IS on this 23rd day of October, 2009, ORDERED that Petitioner's motion [docket entry no. 4] for reconsideration of the Order dismissing the Petition is GRANTED and the Clerk shall reopen the file; and it is further ORDERED that the Clerk shall make a new and separate docket entry reading "CIVIL CASE REOPENED;" and it is further ORDERED that, after reconsideration... THOMASON AUTO GROUP, LLC, Plaintiff, v. Mario R. FERLA, et al., Defendants. , D.N.J., October 23, 2009 OPINION LINARES, District Judge. This matter comes before the Court on Defendants' motion for an order transferring venue to the United States Bankruptcy Court for the Central District of California pursuant to 28 U.S.C. §§ 1404(a) and 1412. The Court has considered the submissions in support of and in opposition to the motion and decides the matter without oral argument pursuant to Federal Rule of Civil Procedure 78. For the reasons set forth below, Defendants' motion is granted. I. BACKG... William SORBER and Grace Johns, individually, and on behalf of a class of all persons similarly situated, Plaintiffs, v. Jennifer VELEZ, Commissioner, New Jersey Department of Human Services; and John R. Guhl, Director, New Jersey Department of Hum, D.N.J., October 23, 2009 OPINION & ORDER THOMPSON, District Judge. INTRODUCTION This matter comes before the Court upon Plaintiffs' Motions for a Preliminary Injunction, docket nos. [6] and [16]. As the two motions are essentially duplicative, this opinion and order is addressed to both. The motion has been decided upon the papers without oral argument. For the reasons stated below, the motions are GRANTED. BACKGROUND Plaintiffs are applicants for Medicaid benefits, specifically nursing services, in the state of N... John Leroy HARRIS, III, Plaintiff, v. John OSMAN, et al., Defendants. , D.N.J., October 23, 2009 John Leroy Harris, III, Trenton, NJ, pro se. OPINION WOLFSON, District Judge. Plaintiff, John Leroy Harris, III, a convicted state prisoner confined at the Mercer County Correctional Center in Trenton, New Jersey, at the time he submitted this Complaint for filing, seeks to bring this action in forma pauperis. [FN1] Plaintiff provides an affidavit of indigency and his inmate account statement. Based on Plaintiff's affidavit of indigency, and the absence of three qualifying dismissals within... Kevin STANSBURY, et al., Plaintiffs, v. BROTHER INTERNATIONAL CORPORATION (USA), Defendant. James McFadden, Plaintiffs, v. Brother International Corporation, et al., Defendants. , D.N.J., October 23, 2009 ORDER TONIANNE J. BONGIOVANNI, United States Magistrate Judge. This matter having been opened to the Court upon Defendant Brother International Corporation's (USA) ("BIC") motions for reconsideration of the Court's June 29, 2009 Letter Order [Docket Entry No. 88 in 06-4907 and Docket Entry No. 53 in 07-1905]; and Plaintiffs having opposed BIC's motions; and the Court having fully considered the parties' submissions; and the Court having considered this matter pursuant to Fed.R.Civ.P. 78; and ... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com