U.S. District Courts - New York ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyEnvironmental LawFamily LawFinance & BankingFirst AmendmentGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyInternational LawLabor & EmploymentLegal EthicsMaritime LawMilitary LawNative Americans LawPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTaxationTransportation Eric R. DINALLO, Superintendent of Insurance of the State of New York, in his capacity as Liquidator of Midland Insurance Company, Plaintiff, v. DUNAV INSURANCE COMPANY, Defendant. , S.D.N.Y., November 19, 2009 David B. Hamm, Herzfeld & Rubin, P.C., Andrew J. Lorin, James E. d'Auguste, Judy Kim, Lisa C. Leath, New York Liquidation Bureau, New York, NY, for Plaintiff. Katherine B. Posner, Condon & Forsyth LLP, New York, NY, for Defendant. OPINION & ORDER DENISE COTE, District Judge. Plaintiff Eric R. Dinallo, Superintendent of Insurance of the State of New York, moves to remand to state court his lawsuit against Dunav Re, a Serbian reinsurance company, on the ground that the defendant consented ... B.D. COOKE & PARTNERS LIMITED, as Assignee of Citizens Casualty Company of New York (in liquidation), Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, Defendant. , S.D.N.Y., November 19, 2009 MEMORANDUM OPINION AND ORDER RICHARD J. HOLWELL, District Judge. By order dated March 31, 2009, this Court granted defendant's motion to compel arbitration. On April 5, plaintiff filed a motion for reconsideration. Soon thereafter, plaintiff proposed that the parties exchange names of arbitrators and begin to move forward with arbitration. The defendant demurred, on the ground that it would be more economical to halt arbitration pending the determination of a motion for reconsideration that c... In re VIVENDI UNIVERSAL, S.A. SECURITIES LITIGATION. , S.D.N.Y., November 19, 2009 MEMORANDUM OPINION AND ORDER RICHARD J. HOLWELL, District Judge. This is a securities fraud class action (the "Action") brought on behalf of shareholders of Vivendi Universal, S.A. ("Vivendi") against Vivendi and its former Chief Executive Officer and Chief Financial Officer, Jean-Marie Messier and Guillaume Hannezo (collectively, "defendants"). Full familiarity with the facts and history of this case, as set forth in this Court's previous opinions, is presumed. [FN1] The current issue before... UNITED STATES of America, v. Ledwin CASTRO, Defendant. , E.D.N.Y., November 19, 2009 Benton J. Campbell, United States Attorney, Eastern District of New York, by Richard P. Donoghue, John J. Durham, Assistant United States Attorneys, Central Islip, NY. Law Office of Peter J. Tomao, by Peter J. Tomao, Esq., of Counsel, Garden City, NY, for Defendant Ledwin Castro. MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. I. BACKGROUND On October 14, 2009, a jury convicted Defendant Ledwin Castro ("Castro") on all seven counts charged in the Third Superseding Indictment. Cast... C. Robert ALLEN, III, by Luke ALLEN, as Guardian for the Property Management of C. Robert Allen III, Plaintiff, v. Christopher DEVINE, Lakeshore Media, LLC, Milcreek Broadcasting LLC, College Creek Media LLC, Marathon Media Group, LLC, 3 Point Medi, E.D.N.Y., November 19, 2009 Cohen & Gresser LLP, by Lawrence T. Gresser, Esq., Alexandra Sarah Wald, Esq., Nathaniel P.T. Read, Esq., Alexis Gena Stone, Esq., and Harvey B. Silikovitz, Esq., Of Counsels, New York, NY, for Plaintiffs. Peckar & Abramson, P.C., by Kevin Joseph O'Connor, Esq., Of Counsel, New York, NY, for Defendants. Allyn & Fortuna, LLP, by Nicholas J. Fortuna, Esq., Of Counsel, New York, NY, Callister Nebeker & McCullough, P.C., by Mark L. Callister, Esq., Of Counsel, Salt Lake City, UT, for Defendant D ... Christopher GORDON, Plaintiff, v. The CITY OF NEW YORK, Martin F. Horn, Commissioner of the New York City Department of Corrections; Michael Hourihane, Warden, AMKC Facility at Rikers Island, and Captain R. Johnson Shield # 0320, Officer BAYLOR, Sh, E.D.N.Y., November 18, 2009 MEMORANDUM AND ORDER AMON, District Judge. On August 28, 2009, plaintiff Christopher Gordon, incarcerated at the Anna M. Kross Center ("AMKC") on Rikers Island, filed this pro se action pursuant to 42 U.S.C. § 1983 against the New York City Department of Corrections, Captain R. Johnson and Correction Officer Baylor alleging, inter alia, the denial of prescribed supportive footwear and the denial of medical treatment. By order dated September 15, 2009, the Court granted plaintiff's request to ... M.A.R., [FN1] an infant by his mother and natural guardian, Devorah REISZ, Plaintiff, FN1. In accordance with Federal Rule of Civil Procedure 5.2, the Court uses only the initials of the infant plaintiff. The Clerk of Court is directed to chan, S.D.N.Y., November 18, 2009 MEMORANDUM OPINION AND ORDER LAURA TAYLOR SWAIN, District Judge. In this action arising out of the allegedly negligent prenatal care, delivery and postnatal care of "M.A.R." ("Plaintiff"), M.A .R., by his mother and natural guardian Deborah Reisz ("Reisz"), asserts claims against defendant United States of America ("Defendant" or the "Government") for medical malpractice and lack of informed consent. Plaintiff also asserts claims against defendant Beth Israel Medical Center ("Beth Israel") fo... Lindsay JENKINS, Plaintiff, v. Bruce EATON, Neill Parker, Elizabeth Murphy, Forest Hills Gardens Corporation, Stephen Thomas, May Schonhaut, and John Doe/Jane Roe, Defendants. Lindsay Jenkins, Plaintiff, v. Diana Murray, sued in her individual a, E.D.N.Y., November 18, 2009 MEMORANDUM & ORDER NICHOLAS G. GARAUFIS, District Judge. Forest Hills Gardens in Queens is a quaint, 142-acre, Tudor-style, 19th- century hamlet surrounded by a bustling, 21st-century metropolis. The community is managed by Defendant Forest Hills Gardens Corporation ("the FHG Corporation") by its own account, an "active" or "obsessive, some would say" property owners' association. [FN1] Without the "blessing" of the FHG Corporation, residents of Forest Hills Gardens may not make modifications... Yuri YUSOV, Petitioner, v. James SHAUGHNESSEY, Supervisory Deportation Officer; U.S. Department of Homeland Security; U.S. Attorney General; U.S. Government, Respondents. , S.D.N.Y., November 18, 2009 Yuri Yusov, pro se. Lev. L. Dassin, Acting United States Attorney, for the Southern District of New York, by: Sue Chen, Special Assistant United States Attorney, for Respondents. OPINION SAND, District Judge. Petitioner Yuri Yusov, an alien subject to a final order of removal and currently released from custody pursuant to an order of supervision, brings this pro se petition for a writ of habeas corpus requesting release from government supervision and other relief. For the following rea... Sandra DIAZ, Plaintiff, v. MEMORIAL SLOAN-KETTERING CANCER CENTER, Defendant. , S.D.N.Y., November 18, 2009 Noah Aaron Kinigstein, Law Office of Noah A. Kinigstein, New York, NY, for Plaintiff. Dawn Jamie Groman, McDermott, Will & Emery, LLP (N.Y.), New York, NY, for Defendant. Terri L. Ross, McDermott, Will & Emery, LLP (N.Y.), New York, NY, for Defendant. OPINION ROBERT L. CARTER, District Judge. Sandra Diaz commenced this action against Memorial Sloan-Kettering Cancer Center ("Center") on September 26, 2006, alleging race discrimination in violation of Title VII of the Civil Rights Act o... Kathleen JONES, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.N.Y., November 18, 2009 Catherine M. Callery, Esq., Empire Justice Center, Rochester, NY, for Plaintiff. John J. Field, A.U.S.A, U.S. Attorney's Office, Rochester, NY, for the Commissioner. DECISION and ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION Plaintiff Kathleen Jones ("Jones"), brings this action pursuant to the Social Security Act, (codified in relevant parts at 42 U.S.C. § 401 et seq. and 42 U.S.C. § 1381 et seq.) claiming that the Commissioner of Social Security improperly denied her appli... Jill M. WHEAT, Plaintiff, v. John POTTER, Postmaster General, Eugene Vaccaro, Supervisor, And Michael Bradley, Supervisor, Defendants. , W.D.N.Y., November 18, 2009 DECISION AND ORDER MICHAEL A. TELESCA, District Judge. INTRODUCTION Plaintiff Jill M. Wheat ("plaintiff"), proceeding pro se brings this action alleging that both her supervisors and named defendants Michael Bradley ("Bradley") and Eugene Vaccaro ("Vaccaro") discriminated against her on the basis of sex and disability. Defendants John Potter, the Postmaster General, Bradley and Vaccaro (collectively "defendants") now move to dismiss plaintiff's Complaint pursuant to Federal Rule of Civil Proce... Timothy MAKAS, Plaintiff, v. Eric BENJAMIN; the Ulster County Sheriff; and the Ulster County Sheriff's Department, Defendants. , N.D.N.Y., November 18, 2009 MEMORANDUM-DECISION AND ORDER LAWRENCE E. KAHN, District Judge. Plaintiff pro se Timothy Makas ("Plaintiff" or "Makas") brings the instant action against Defendants Eric Benjamin, the Ulster County Sheriff, and the Ulster County Sheriff's Department (collectively, "Defendants") pursuant to 42 U.S.C. § 1983. Complaint (Dkt. No. 1). Plaintiff alleges, inter alia, trespass, conversion of property and an unconstitutional search and seizure. Compl. ¶ I(A). Presently before this Court is Defendants... Moises FIGUEROA, Plaintiff, v. Robert M. MORGENTHAU, District Attorney of New York County, Defendant. , S.D.N.Y., November 18, 2009 Moises Figueroa, Dannemora, NY, pro se. Charles King III, Assistant District Attorney, New York County District Attorney's Office, New York, NY, for the Defendant. DENISE COTE, District Judge. This case presents the question of whether a state court's denial of a plaintiff's post-conviction request for access to evidence for DNA testing violates the plaintiff's due process rights. For the following reasons, in this case it does not. BACKGROUND The pro se incarcerated plaintiff, M... UNITED STATES of America, v. Ahmed Khalfan GHAILANI, Defendant. , S.D.N.Y., November 18, 2009 David Raskin, Michael E. Farbiarz, Ross E. Morrison, Assistant United States Attorneys, Preet Bharara, United States Attorney, David Brash, Robert E. Easton, Director, Office of Litigation Counsel, Department of Defense, Gregory E. Cooper, Esq., Peter Enrique Quijano, Esq., Michael K. Bachrach, Esq., for Defendant. MEMORANDUM OPINION LEWIS A. KAPLAN, District Judge. Ahmed Khalfan Ghailani, an alleged member of Al Qaeda, was indicted in this Court in 1998 and charged with conspiring with Usa... Alavita WILLIAMS, individually and as alleged sole managing member of 113-38 Springfield Blvd., LLC., Plaintiff, v. ARIES FINANCIAL, LLC., Wall Street Mortgage Bankers Ltd., Indigo Management, Berkshire Financial Group, Inc., Albert O. London, Doug, E.D.N.Y., November 18, 2009 The Legal Aid Society, by: Sumani Lanka, Kew Gardens, NY, for the Plaintiff. Fitzpatrick, Cella, Harper & Scinto, by: Donald J. Curry, Margaret A. Radzik, New York, NY, for the Plaintiff. Friedman, Harfenist, Kraut & Perlstein, by: Steven J. Harfenist, Neil Torczyner, Lake Success, NY, for Defendant Wall Street Mortgage Bankers, Ltd. Eckert Seamans Cherin & Mellott, LLC, by: Geraldine A. Cheverko, White Plains, NY, for Defendant DLJ Mortgage Capital, Inc. MEMORANDUM AND ORDER JOHN GLE... TRAVEL SENTRY, INC., Plaintiff, v. David A. TROPP, Defendant. , E.D.N.Y., November 18, 2009 Heidsha Sheldon, Peter S. Brooks, William Loening Prickett, Seyfarth Shaw LLP, Boston, MA, James S. Yu, Seyfarth Shaw LLP, New York, NY, for Plaintiff. Donald R. Dinan, Roetzel & Andress, LPA, Washington, DC, for Defendant. MEMORANDUM AND ORDER VITALIANO, District Judge. Plaintiff Travel Sentry, Inc. ("Travel Sentry") appeals from Magistrate Judge Roanne L. Mann's Memorandum and Order dated February 11, 2008, granting in part and denying in part a motion of defendant David A. Tropp for s... METEOR AG, Plaintiff, v. FEDERAL EXPRESS CORPORATION, et al., Defendants. , S.D.N.Y., November 18, 2009 MEMORANDUM OPINION AND ORDER JOHN G. KOELTL, District Judge. The plaintiff, Meteor AG ("Meteor"), moves pursuant to Federal Rule of Civil Procedure 59 and Southern District of New York Local Rule 6.3 for an Order altering or amending this Court's Order dated January 30, 2009 and judgment entered on May 12, 2009, which granted defendant Federal Express Corporation's ("Federal Express") motion for summary judgment. Alternatively, Meteor moves pursuant to Federal Rule of Civil Procedure 60(b) fo... ISLAND INTELLECTUAL PROPERTY LLC, et al., Plaintiff(s), v. DEUTSCHE BANK AG, et al., Defendant(s). , S.D.N.Y., November 18, 2009 DECISION AND ORDER VICTOR MARRERO, District Judge. I. BACKGROUND Plaintiffs, Island Intellectual Property LLC, LIDs Capital LLC, Double Rock Corporation and Intrasweep LLC (collectively, "Island"), brought this action alleging that Deutsche Bank AG, Deutsche Bank Trust Company Americas and Total Bank Solutions, LLC (collectively, "Deutsche") [FN1] infringed Island's patents relating to what the parties refer to as either "insured deposits" or "deposit sweep" financial services. FN1. I... Omar SANTIAGO, Plaintiff, v. Brian FISCHER, in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS), and in his individual capacity; Anthony J. Annucci, in his capacity as Deputy Commissioner and Counsel for, E.D.N.Y., November 18, 2009 MEMORANDUM AND ORDER DORA L. IRIZARRY, District Judge. Plaintiff Omar Santiago brought this action pursuant to 42 U.S.C. § 1983 ("Section 1983"), claiming that defendants violated his constitutional rights under the Fourteenth Amendment. Plaintiff also asserts a supplemental state law claim for false arrest/imprisonment. [FN1] Defendants move to dismiss the action for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1), and for failure to state a claim, pursuant to Fed.R.Ci... Dixie K. NORRIS, Plaintiff, v. NEW YORK CITY COLLEGE OF TECHNOLOGY, City University of New York and Russell K. Hotzler, Defendants. , E.D.N.Y., November 18, 2009 Lois Carter Schlissel, Esq., Richard S. Corenthal, Esq., Joni S. Kletter, Esq. , Meyer, Suozzi, English & Klein, P.C., New York, NY, for the Plaintiff. Andrew M. Cuomo, Esq., Attorney General of the State of New York, by: Christine A. Ryan, Esq., Karen Dahlberg, Esq., Assistant Attorneys General, New York, NY, for the Defendants. MEMORANDUM AND ORDER BLOCK, Senior District Judge. On October 5, 2009, the parties appeared for an evidentiary hearing regarding plaintiff Dixie K. Norris's ... PANAMAX BULK AS, Plaintiff, v. DAMPSKIBSSELSKABET NORDEN AS, Defendant. , S.D.N.Y., November 18, 2009 ORDER JED S. RAKOFF, District Judge. By Order dated November 12, 2009, the Court stayed that portion of its October 19, 2009 Order and Judgment as would permit the release of certain funds being held in the Court Registry Investment System ("CRIS"). This limited stay was to allow for full briefing of plaintiff's motion for reconsideration. That briefing has now been completed. Plaintiff's primary argument is that the case is not controlled by the Second Circuit's recent decision in The Shippi... Angel L. LAHOZ, Plaintiff, v. ORANGE COUNTY JAIL, et al., Defendants. , S.D.N.Y., November 18, 2009 Angel L. Lahoz, Comstock, NY, pro se. Joseph F. Mahoney, Esq., Assistant County Attorney, David L. Darwin, Esq., County Attorney for Orange County, Goshen, NY, for Defendants. OPINION SWEET, District Judge. The Defendants have untimely moved to extend their time to move for reconsideration and the order of March 10, 2009 (the "March 10 Order") denying the Defendants' prior motion to dismiss the complaint of the pro se plaintiff Angel L, Lahoz ("Lahoz" or the "Plaintiff") under Rule 12(b)... James M. CROWE and Valeria J. Crowe, Plaintiffs, v. JPMORGAN CHASE & CO., as Successors in Interest to the Bear Stearns Companies, Inc., Alan D. Schwartz, Samuel L. Molinaro, Jr., and Alan c. Greenberg, Defendants. In re Bear Stearns Companies, In, S.D.N.Y., November 18, 2009 Law Office of Christopher J. Gray, P.C., by: Christopher J. Gray, Esq., New York, NY, for Plaintiffs. Paul, Weiss, Rifkind, Wharton & Garrison LLP, by: Brad S. Karp, Esq., Eric S. Goldstein, Esq., New York, NY, for Defendant J.P. Morgan Chase & Co. Skadden, Arps, Slate, Meagher & Flom LLP, by: Susan L. Saltzstein, Esq., New York, NY, for Defendants Alan D. Schwartz and Samuel L. Molinaro, Jr. Schulte Roth & Zabel LLP, by: Alan R. Glickman, Esq., Marguerite E. Gardiner, Esq., New York, ... Donald Mack BENNETT, Plaintiff, v. Officer VACCARO, et al., Defendants. , S.D.N.Y., November 18, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION LAURA TAYLOR SWAIN, District Judge. Pro se Plaintiff Donald Mack Bennett ("Bennett" or "Plaintiff") brought the above-captioned action asserting claims pursuant to 42 U.S.C. § 1983, against three officers of the New Rochelle Police Department and a civilian C.V.S. employee. On January 22, 2009, Defendants moved to dismiss the complaint for failure to prosecute. (Docket entry no. 21.) On September 25, 2009, Magistrate Judge Michael H. Dolinger issue... John McGEE, M.D., Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Independent Physical Exam Referrals, Inc., David Inslicht, and Robert M. Simon, Defendants. , E.D.N.Y., November 18, 2009 Bruce S. Rosenberg, Rosenberg Law, P.C., Bellmore, NY, for Plaintiff. Barry I. Levy, Evan H. Krinick, Rivkin Radler LLP, Uniondale, NY, Cara A. Roecker, Jonathan L. Marks, Ross O. Silverman, Katten Muchin Rosenman LLP, Chicago, IL, Jay Shapiro, Katten Muchin Rosenman LLP, New York, NY, for State Farm Mutual Automobile Insurance Company. Peter J. Creedon, Creedon & Gill, P.C., Northport, NY, for Independent Physical Exam Referrals, Inc. MEMORANDUM AND ORDER GLASSER, Senior District Judge... Temagen STEPHENSON, Petitioner, v. Robert E. ERCOLE, Superintendent of Green Haven Correctional Facility, Respondent. , E.D.N.Y., November 17, 2009 MEMORANDUM AND ORDER AMON, District Judge. On August 27, 2007, petitioner Temagen Stephenson filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his incarceration stemming from a July 11, 2000 conviction. On September 27, 2007, this Court directed Stephenson to show cause as to why his petition should not be dismissed as time barred. Stephenson responded on December 3, 2007. Rather than address Stephenson's arguments ex parte, the Court directed the Respo... Martha GRAHAM, Maria Grimaldi, Lloyd Heller, Paula Manzolillo, and Creamton Maple Trust f/b/o Carl Mills, Plaintiffs, v. Lloyd V. BARRIGER, the Estate of Andrew McKean, Linda Barriger, the Gaffken & Barriger Fund LLC, G & B Partners, Inc, Barriger , S.D.N.Y., November 17, 2009 MEMORANDUM AND ORDER P. KEVIN CASTEL, District Judge. The plaintiffs allege that they were misled into investing in a commercial real-estate financing fund that collapsed when the national real estate market entered a downturn. The plaintiffs--whose individual losses are alleged to range from approximately $31,000 to $265,000--claim that they were inadequately apprised of the risks attendant upon making loans to subprime commercial real estate borrowers. When borrower defaults accumulated, th... STATE FARM INS. CO., Plaintiff, v. TRAVELERS INDEM. CO.; St. Paul Travelers; Hertz Corp.; Hertz Vehicles, LLC; Geico Gen. Ins. Co.; Sean Goodeve; Erica Lovette; and Leonard J. Myles, Defendants. [FN1]FN1. For the sake of brevity, the Court has omit, N.D.N.Y., November 17, 2009 Law Office of James F. Gaul, James F. Gaul, Esc., of Counsel, for Plaintiff. Kenney Shelton Liptak Nowak LLP, Judith T. Shelton, Esq., of Counsel, for the Travelers Defendants. Goldberg Segalla LLP, David E. Leach, Esq., of Counsel, for the Hertz Defendants. Melvin & Melvin Law, PLLC, Ronald S. Carr, Esq., of Counsel, for Defendant Geico. Lynn Law Firm, LLP, Thomas F. Shannon, Esq., Patricia A. Lynn-Ford, of Counsel, for Defendant Sean Goodeve. Smith, Sovik, Kendrick & Sugnet, P.C., ... Anthony PERRI, Plaintiff, v. The CITY OF NEW YORK; the Illegal Units of the N.Y.P.D.; And The So named individuals of their Unit: John Doe No. 1; John Doe No. 2; Anthony R. Disalvio; and Jane Doe, Defendants. , E.D.N.Y., November 17, 2009 Anthony Perri, c/o Kenneth J. Aronson, New York, NY, pro se. OPINION AND ORDER ROSS, District Judge. On January 30, 2008, plaintiff, Anthony Perri, filed this pro se action, together with a request for a preliminary injunction and temporary restraining order, against the City of New York, the "Illegal Units of the N.Y.P.D.", and individual members of the "Illegal Units of the N.Y.P.D." By Opinion and Order dated February 15, 2008, this court dismissed the action pursuant to 28 U.S.C. § ... UNITED STATES of America, v. Daniel COTTON, Petitioner. , N.D.N.Y., November 17, 2009 Daniel Cotton, Fort Dix, NY. Andrew T. Baxter, United States Attorney, Northern District of New York, James T. Foley U.S. Courthouse, Carlos A. Moreno, Esq, Assistant U.S. Attorney, of Counsel, Albany, NY. MEMORANDUM-DECISION AND ORDER NORMAN A. MORDUE, Chief Judge. I. INTRODUCTION Defendant has submitted a motion or request for a reduction in sentence or early release from prison due to alleged pressing family circumstances involving his children. Defendant made an earlier motion... UNITED STATES of America, v. Robert STELLE, Defendant. , N.D.N.Y., November 17, 2009 DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. In 2003, Defendant was convicted in this Court and sentenced to a term of imprisonment, followed by a term of supervised release. While on supervised release, on May 16, 2007, Defendant was arrested on a New York State charge for the criminal sale of a controlled substance. On May 29, 2007 (after Defendant's arrest), a Warrant for the Arrest of a Supervised Releasee was issued by this Court. On June 3, 2007, Defendant was convicted i... Kevin NELSON, Plaintiff, v. RANGER, INC., Defendant. Ranger, Inc., Defendant/Third-Party Plaintiff, v. Alyne Trucking, Inc., Third-Party Defendant. , N.D.N.Y., November 17, 2009 Finkelstein & Partners, LLP, Eleanor L. Polimeni, Esq., of Counsel, Newburgh, NY, for Plaintiffs. Wheeler, Trigg, O'Donnell, LLP, Erik D. Nadolink, Esq., John M. Fitzpatrick, Esq., of Counsel, Denver, CO, for Defendant/Third-Party Plaintiff. Law Offices of Brady & Carafa, James C. Brady, Esq., of Counsel, Liverpool, NY, for Defendant/Third-Party Plaintiff. Sugarman Law Firm, LLP, Kevin R. Van Duser, Esq., of Counsel, Syracuse, NY, for Third-Party Defendants. MEMORANDUM DECISION and OR... UNITED STATES of America v. Virgilio AGUILAR, Defendant. , S.D.N.Y., November 17, 2009 SENTENCING OPINION SWEET, District Judge. On May 8, 2009, Virgilio Isidro Quispe Aguilar a/k/a "Pablo Munoz," a/k/a "Jose Diaz" ("Aguilar" or the "Defendant") appeared before the Honorable Debra C. Freeman and allocated to one count of illegal reentry after deportation subsequent to conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b) (2). For the reasons set forth below, Aguilar will be sentenced to 30 months imprisonment and a term of three years' supervised relea... Kenneth CARNESI, Petitioner, v. UNITED STATES of America, Respondent. , E.D.N.Y., November 17, 2009 Kenneth Carnesi, Ft. Dix, NJ, pro se. Benton J. Campbell, United State Attorney Eastern District of New York, by: Burton T. Ryan, Jr., Assistant United States Attorney, Central Islip, N.Y., for the Respondent. MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. Kenneth Carnesi ("Carnesi") bring this petition for habeas corpus pursuant to 28 U.S.C. § 2255 challenging an order of restitution imposed by this Court on October 14, 2005. The Petitioner also claims that he is entitled to h... Anthony APONTE and Adeline Aponte, Plaintiffs, v. ILLINOIS TOOL WORKS, INC. and ITW Ramset, Defendants. , E.D.N.Y., November 17, 2009 MEMORANDUM & ORDER MATSUMOTO, District Judge. Plaintiffs Anthony Aponte and Adeline Aponte ("plaintiffs") bring this action against defendants Illinois Tool Works, Inc. and ITW Ramset ("defendants") to recover for personal injuries resulting from injuries suffered by Mr. Aponte when defendants' product detonated and struck him in the eye. Pending before the court is defendants' motion for summary judgment seeking dismissal plaintiffs' claims. For the following reasons, defendants' motion is d... Theodore BROWN, Petitioner, v. John PURGE, Respondent. , E.D.N.Y., November 17, 2009 Theodore Brown, Wallkill, NY, pro se. Michael Herman Blakey, Esq., Thomas J. Spota, Esq., Riverhead, NY, for Respondent. MEMORANDUM & ORDER SEYBERT, District Judge. Petitioner, Theodore Brown ("Brown" or "Petitioner"), petitions the Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons below, the Petition is DENIED. BACKGROUND I. Factual Background: Commission of the Crime and Investigation This case involved Petitioner and Anthony McGhee, his co-defendant, co... Omar WILLIAMS, Petitioner, v. R. ERCOLE, Superintendent, Clinton Correctional Facility, Respondent. , E.D.N.Y., November 17, 2009 Omar Williams, Stormville, NY, pro se. Rosalind C. Gray, Esq., Suffolk County District Attorney's Office, Riverhead, NY, for Respondent. MEMORANDUM & ORDER SEYBERT, District Judge. INTRODUCTION Petitioner Omar Williams ("Williams" or "Petitioner") seeks a writ of habeas corpus under 28 U.S.C. § 2254. For the reasons below, Williams' petition for a writ of habeas corpus is DENIED. BACKGROUND On March 26, 1999, Petitioner ("Petitioner"), arrived at an office building, located at 175 Broad... Lon Keith KLEIN, Plaintiff, v. Elliot RITTENBAND, Aron Turen, R/G Black Tie, LLC, Steinway & Sons, Inc., and John Does 1-10, individually, jointly and severally, Defendants. , E.D.N.Y., November 17, 2009 Charu Narang, New York, NY, for the Plaintiff. For Elliot Rittenband and R/G Black Tie, LLC, George Gottlieb, Gottlieb, Rackman & Reisman P.C., New York, NY, Marc P. Misthal, Gottlieb, Rackman & Reisman, New York, NY, for the Defendants. MEMORANDUM AND ORDER GLASSER, Senior District Judge. On May 12, 2009, the plaintiff Lon Keith Klein ("Klein") brought a copyright action against the defendants Elliot Rittenband ("Rittenband"), Aron Turen ("Turen"), R/G Black Tie, LLC ("Black Tie"), and ... Rahmell DANIEL, Petitioner, v. James J. WALSH, Superintendent, Respondent. , E.D.N.Y., November 17, 2009 MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge. Rahmell Daniel (hereinafter, "Daniel" or "petitioner") petitions this Court for a writ of habeas corpus, pursuant to 28 U.S .C. § 2254, challenging his conviction in state court. On March 7, 2005, following a jury trial in the County Court of the State of New York, Nassau County, petitioner was convicted of manslaughter in the first degree as a lesser-included offense of murder in the second degree, criminal possession of a weapon in the ... Alphonse WILLIAMS, Plaintiff, v. KRISTAL CADILLAC; President/Owner Kristal Cadillac Lilaahar (Sammy) Bical, Financial Manager, Wrenroy Smith; Sale Consultant, William (Bill) Hairston; GMAC Financial Institution, Defendants. , E.D.N.Y., November 16, 2009 AMENDED MEMORANDUM AND ORDER ROSS, District Judge. On July 1, 2009, plaintiff Alphonse Williams, appearing pro se, filed this action against defendants alleging that defendants engaged in unfair business practices in connection with a contract to purchase a vehicle on May 1, 2005. Plaintiff paid the statutory filing fee to commence this action. The complaint is dismissed for lack of subject matter jurisdiction as set forth below. Procedural History By order dated July 23, 2009, the court de... Arthur FISHBEIN, James Crowley, Janet Sachs, Herbert Pobiner, Louis Flacks, and Paul Berkman, as Trustees of the Union Mutual Medical Fund, and the Union Mutual Medical Fund, Plaintiffs, v. George MIRANDA, Charles Hall, Jr., Martin Keane, Martin Sh, S.D.N.Y., November 16, 2009 Opinion and Order BARBARA S. JONES, District Judge. Plaintiffs Arthur Fishbein, James Crowley, Janet Sachs, Herbert Pobiner, Louis Flacks, and Paul Berkman, as Trustees of the Union Mutual Medical Fund (collectively, "Plaintiff UMMF Trustees") and the Union Mutual Medical Fund ("Plaintiff UMMF," and together with Plaintiff UMMF Trustees, "Plaintiffs") commenced this action on November 15, 2006. On June 24, 2008, Plaintiffs filed an Amended Complaint. The Local 210 Affiliated Health and Insura... ICEBOX-SCOOPS, Inc., Plaintiff, v. FINANZ ST. HONORE, B.V. and Dana Classic Fragrances, Inc., Defendants. , E.D.N.Y., November 16, 2009 OPINION AND ORDER GERSHON, District Judge. Plaintiff Icebox-Scoops, Inc. brings this action under the court's diversity jurisdiction against defendants Finanz St. Honore, B.V. ("Finanz") and Dana Classic Fragrances, Inc. ("Dana") (together "defendants") alleging that Finanz breached a licensing agreement between plaintiff and Finanz, and that both defendants committed various torts. Defendants move for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. F... Michael WEBB, Plaintiff, v. AMILI, INC., Defendant. , S.D.N.Y., November 16, 2009 MEMORANDUM AND ORDER RICHARD J. SULLIVAN, District Judge. Plaintiff Michael Webb brings this diversity action alleging a state law claim for negligence against Defendant Amili, Inc. Before the Court is Defendant's motion for summary judgment, brought pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. For the reasons stated below, Defendant's motion is granted and this case is dismissed. I. BACKGROUND A. Facts [FN1] FN1. The following facts are taken from the pleadings, the P... Jack LOCKETT, Petitioner, v. James T. CONWAY, Respondent. , W.D.N.Y., November 16, 2009 DECISION AND ORDER MICHAEL A. TELESCA, District Judge. I. Introduction Pro se petitioner Jack Lockett ("Petitioner") has filed a timely petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the constitutionality of his custody pursuant to a judgment entered April 18, 2001, in New York State, County Court, Erie County, convicting him, after a jury trial of Attempted Assault in the First Degree (N.Y. Penal Law ("Penal Law") §§ 110, 120.10[1] ), two counts of Burglary in the Fi... Randy MATTISON, Plaintiff, v. Michael J. ASTRUE Commissioner of Social Security, Defendant. , N.D.N.Y., November 16, 2009 DECISION AND ORDER VICTOR E. BIANCHINI, United States Magistrate Judge. I. Introduction Plaintiff Randy Mattison, challenges an Administrative Law Judge's ("ALJ") determination that he is not entitled to disability insurance benefits ("DIB") under the Social Security Act ("the Act"). Plaintiff alleges he has been disabled since March 15, 1999, because of pain and limitations from a herniated lumbar disc, angina, shoulder pain, bipolar disorder, depression, and chronic obstructive pulmonar... Michael SUSSMAN, Plaintiff, v. U.S. DEPARTMENT OF JUSTICE; United States Department of Transportation; Transportation Security Administration; United States Postal Service; United States Secret Service; and Internal Revenue Service, Defendants. , E.D.N.Y., November 16, 2009 Michael Sussman, East McKeepsport, PA, pro se. Benton J. Campbell, United States Attorney, by: Kathleen Ann Mahoney, A.U.S.A., Brooklyn, NY. MEMORANDUM & ORDER HURLEY, Senior District Judge. Plaintiff Michael Sussman commenced this lawsuit alleging that Defendants improperly withheld records requested pursuant to the Freedom of Information Act and the Privacy Act. Presently before the Court is Plaintiff's motion requesting an extension of time to file a notice of appeal from the December... Harold HARRIS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.N.Y., November 16, 2009 Jeffrey Delott, Esq., Jericho, NY, for the Plaintiff. Benton J. Campbell, United States Attorney, by: Diane Leonardo Beckmann, Central Islip, NY, for the Defendant. MEMORANDUM & ORDER HURLEY, Senior District Judge. Plaintiff, Harold Harris, ("Plaintiff") brings this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of a final decision by the Commissioner of Social Security (the "Commissioner" or "Defendant") which denied his claim for disability benefits. Presently before th... Laurene KLEMENT, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.N.Y., November 16, 2009 DECISION AND ORDER LAWRENCE E. KAHN, District Judge. This matter comes before the Court following a Report-Recommendation filed on October 22, 2009 by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 18). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Michael J. Astrue, which were filed on Octobe... AN INDIVIDUAL KNOWN TO the DEFENDANT AS 08MIST096.JPG and 08mist067.jpg, Plaintiff, v. Jon David FALSO, Defendant. , N.D.N.Y., November 16, 2009 DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. Plaintiff commenced the instant action pursuant to 18 U.S.C. §§ 2252A(f) and 2255(a) arising out of Defendant's conviction for violating 18 U.S.C. § 2252A(a)(2)(A) and (B) and 18 U.S.C. § 2256. Presently before the Court is Defendant's motion for summary judgment pursuant to Fed.R.Civ.P. 56 on the ground that § 2255A is unconstitutional because it violates the Double Jeopardy Clause. Pursuant to Fed.R.Civ.P. 5.1(a): A party th... UNITED STATES of America, v. Dawn SCHLEGEL, Sandra Hatfield, and David H. Brooks, Defendants. , E.D.N.Y., November 16, 2009 Richard Thomas Lunger, Jr., Esq., Christopher Allen Ott, Esq., James Halleron Knapp, Esq., James M. Miskiewicz, Esq., United States Attorneys Office, Central Islip, NY, for Government. Roland G. Riopelle, Esq., Maurice H. Sercarz, Esq., Sercarz & Riopelle, LLP, New York, NY, for Defendants Sandra Hatfield. John C. Meringolo, Esq., Meringolo and Associates, P.C., Zaki I. Tamir, Esq., Gofer Tamir and Assoc., James M. LaRossa, Esq., New York, NY, Kenneth Ravenell, Esq., William H. Murphy, Jr.... Jason Oliver THOMPSON, Petitioner, v. Robert ERCOLE, Superintendent, Green Haven Correctional Facility, Respondent. , N.D.N.Y., November 16, 2009 Jason Oliver Thompson, Napanoch, NY, pro se. ORDER SCULLIN, Senior District Judge. Currently before the Court are Magistrate Judge Lowe's November 14, 2008 Report and Recommendation, see Dkt. No. 2, and Petitioner's objections thereto, see Dkt. No. 4. In his Report and Recommendation, Magistrate Judge Lowe concluded that, although Petitioner's petition was time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), see Dkt. No. 2 at 3, that was not the end of t... Vincent AMMIRATO, Gary J. Kulik, Kenneth H. Salbu and Robert J. Murphy, Plaintiff, v. DURACLEAN INTERNATIONAL, INC., Defendant. , E.D.N.Y., November 16, 2009 ORDER LINDSAY, United States Magistrate Judge. Before the court is the defendant Duraclean International Inc.'s motion to strike the plaintiffs' jury demand filed on October 27, 2009. Duraclean contends that the plaintiffs have waived their right to a jury trial. The plaintiffs oppose the motion by letter dated November 4, 2009. [FN1] For the reasons set forth below, the defendant's motion is granted. FN1. The defendant has also filed a reply letter which will not be considered by the... Michael A. DeFRANCO and Michelle Engler, Plaintiffs, v. The TOWN OF IRONDEQUOIT, et al., Defendants. , W.D.N.Y., November 16, 2009 DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiffs have commenced this civil rights action, pursuant to 42 U.S.C. § 1983 and various state law claims relating to the execution of a search warrant on June 1, 2005 at 3999 Culver Road, Rochester, New York. Based on the execution of the warrant, plaintiffs were charged with criminal charges and both eventually pleaded guilty to unlawful possession of marijuana in violation of New York Penal Law § 221.05. Their conviction, and the det... Michael MELNITZKY, Plaintiff, v. Pat JONES, et al., Defendants. , S.D.N.Y., November 16, 2009 MEMORANDUM OPINION AND ORDER JOHN G. KOELTL, District Judge. The third part defendant Virginia LoPreto ("LoPreto") moves to dismiss the third party complaint brought by Patricia Jones and Horan Auction Team (the "third party plaintiffs") against LoPreto and Elizabeth Besobrasow (the "third party defendants"). The third party complaint seeks contribution and indemnity for any liability the third party plaintiffs may have to the plaintiff, Michael Melnitzky. The complaint in this action alle... Angelo ORTIZ, Plaintiff, v. DEPARTMENT OF CORRECTION OF the CITY OF NEW YORK, et al., Defendant. , S.D.N.Y., November 16, 2009 MEMORANDUM OPINION AND ORDER PITMAN, United States Magistrate Judge. By notice of motion dated October 11, 2009 (Docket Item 38) plaintiff, who is incarcerated, moves for pro bono counsel. [FN1] For the reasons set forth below, the motion is denied. FN1. In a civil case, such as this, the Court cannot actually "appoint" counsel for a litigant. Rather, in appropriate cases, the Court submits the case to a pan el of volunteer attorneys. The members of the pan el consider the case, and ... In re METHYL TERTIARY BUTYL ETHER ("MTBE") PRODUCTS LIABILITY LITIGATION. This document relates to: Orange County Water District v. Unocal, et al., 04 Civ. 4968. , S.D.N.Y., November 16, 2009 Michael Axline, Esq., Tracey O'Reilly, Esq., Miller, Axline & Sawyer, Sacramento, CA, for Orange County Water District. Matthew T. Heartney, Esq., Arnold & Porter LLP, Los Angeles, CA, for Atlantic Richfield Company and BP Products North America, Inc. Robin Greenwald, Esq., Robert Gordon, Esq., Weitz & Luxenberg, P.C., New York, NY, for Plaintiffs. Peter John Sacripanti, Esq., James A. Pardo, Esq., McDermott Will & Emery LLP, New York, NY, for Defendants. OPINION AND ORDER SHIRA A. SC... Isabelle GUZMAN, Plaintiff, v. UNITED STATES of America, Wackenhut Corporation, and L3 Communications, Security Detection Systems Corporation, Defendants. , S.D.N.Y., November 16, 2009 Preston Wilkins & Martin, by: Gregory R. Preston, Esq., New York, NY, for Plaintiff. Ahmuty, Demers & Mcmanus, by: Frank J. Pecorelli, Jr., Esq., Albertson, NY, for Defendant Wackenhut Corporation. OPINION SWEET, District Judge. Defendant, the Wackenhut Corporation ("Wackenhut" or the "Defendant") has moved under Rule 56, Fed.R.Civ.P., for summary judgment to dismiss the personal injury complaint (the "Complaint") of the plaintiff, Isabelle Guzman ("Guzman" or the "Plaintiff"), and the c... PENTAIR WATER TREATMENT (OH) COMPANY (Formerly Known as Essef Corporation), and Pentair Water Pool & SPA, Inc. (Formerly Known as Pac-Fab, Inc.), and Pentair Water Belgium BVBA (Formerly Known as Structural Europe N.V. Formerly Known as SFC), Plainti, S.D.N.Y., November 16, 2009 MEMORANDUM AND ORDER JAMES C. FRANCIS IV, United States Magistrate Judge. This case concerns a dispute over insurance coverage. Plaintiffs Pentair Water Treatment (OH) Company (f/k/a Essef Corporation) ("Essef"), Pentair Water Pool & Spa, Inc. (f/k/a PacFab, Inc.) ("Pac-Fab"), and Pentair Water Belgium BVBA (f/k/a Structural Europe N.V. f/k/a SCF) ("SCF") (collectively, "Pentair," formerly known as the "Essef Parties") now move pursuant to Rule 37 of the Federal Rules of Civil Procedure to co... Esther KIOBEL, et al., Plaintiffs, v. ROYAL DUTCH PETROLEUM COMPANY, et al., Defendants. , S.D.N.Y., November 16, 2009 OPINION AND ORDER WOOD, District Judge. This action is the last remaining in a set of four related actions involving allegations of human rights violations in Nigeria in the 1990s by various Royal Dutch/Shell entities. [FN1] FN1. The related actions, Wiwa v. Royal Dutch Petroleum Co., No. 96 Civ. 8386 ("Wiwa I" ); Wiwa v. Brian Anderson, No. 01 Civ.1909 ("Wiwa II" ); and Wiwa v. Shell Petroleum Development Corp., No. 04 Civ. 2665 ("Wiwa III" ), settled on June 8, 2009. Currently before the Co... Edith WOODS, Plaintiff, v. Marguerite ACAMPORA and Citigroup Global Markets Inc., Defendants. , S.D.N.Y., November 13, 2009 MEMORANDUM AND ORDER P. KEVIN CASTEL, District Judge. This action, invoking diversity jurisdiction, is between two sisters principally over the right to the proceeds of the sale of a house and the bank account into which the proceeds were deposited. In a Memorandum and Order dated June 23, 2009 (Docket # 44) ("June 23 Mem. & Order"), I granted in substantial part plaintiff's motion for summary judgment. Familiarity with the June 23 Mem. & Order is necessary and it is assumed. [FN1] FN1. Capit... Rose QADER, Plaintiff, v. RUSHMORE RECOVERY et al., Defendants. , S.D.N.Y., November 13, 2009 DECISION AND ORDER VICTOR MARRERO, District Judge. I. BACKGROUND By Decision and Order dated October 23, 2009 (the "Order") [FN1], the Court granted the motion of defendants Rushmore Recovery, LLC, Citibank (South Dakota), N.A., and Tod E. Houseland-Houseland Associates (collectively, "Defendants") to dismiss the complaint of plaintiff Rose Qader ("Qader") pursuant to Federal Rule of Civil Procedure 12(b)(6). The Court, after allowing Quader an opportunity to file an amended complaint, determ... Kenneth YAW and Rita Starceski, Petitioners, v. The STATE OF NEW YORK ACTING THROUGH the CHAUTAUQUA COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent. , W.D.N.Y., November 13, 2009 Charles A. Messina, Offerman, Cassano, Greco, Slisz & Adams, LLP, Buffalo, NY, Robert David Arenstein, New York, NY, for Petitioners. Daryl P. Brautigam, Fredonia, NY, Thomas Dorey, Mayville, NY, for Respondent. DECISION AND ORDER RICHARD J. ARCARA, Chief Judge. INTRODUCTION On May 27, 2009, petitioners filed a notice of removal bringing this child custody case to this Court from the Family Court of New York, Chautauqua County. Petitioners assert that this Court has jurisdiction to resolv... In re WORLD TRADE CENTER DISASTER SITE LITIGATION. Anthony Felicien, as Administrator and personal representative of the estate of Eldon Felicien, Deceased, Plaintiff, v. U.S. Federal Environmental Protection Agency (USFEPA), the City of New York,, S.D.N.Y., November 13, 2009 ORDER DISMISSING CLAIMS UNDER WORKERS' COMPENSATION LAW ALVIN K. HELLERSTEIN, District Judge. Defendant New York City Transit Authority ("Transit Authority") brings this motion to dismiss Plaintiff Eldon Felicien's claims, pursuant to Fed.R.Civ.P. 12(b)(6), alleging that Defendant tortiously allowed Plaintiff's son, a Transit Authority employee, to be exposed to toxic dust after the September 11 attacks. Because Plaintiff's exclusive remedy against its employer is under the New York Workers' ... SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. Brian N. LINES, Scott G.S. Lines, LOM (Holdings) Ltd., Lines Overseas Management Ltd., LOM Capital Ltd., LOM Securities (Bermuda) Ltd., LOM Securities (Cayman) Ltd., LOM Securities (Bahamas) Ltd., A, S.D.N.Y., November 13, 2009 David Williams, Justin Chretien, Securities and Exchange Commission, Washington, DC, for Plaintiff. Philip Smith, Kate Woodall, Patton Boggs LLP, New York, NY, for Defendant Brian N. Lines. OPINION & ORDER DENISE COTE, District Judge. Invoking Rule 4.2(a) of the American Bar Association's Model Rules of Professional Conduct, defendant Brian N. Lines ("Lines") has moved for a protective order to avoid producing a tape recording of his conversation with the Securities and Exchange Commissi... M & T MORTGAGE CORP., Plaintiff, v. Cedric MILLER and Elizabeth Miller, et al., Defendants. Cedric Miller and Elizabeth Miller, Third-Party Plaintiffs, v. Better Homes Depot, et al., Third-Party Defendants. , E.D.N.Y., November 13, 2009 ORDER GERSHON, District Judge. Third-party plaintiffs Cedric and Elizabeth Miller ("plaintiffs") have brought claims for fraud, conspiracy to commit fraud, and violations of N.Y. Gen. Business Law § 349 against both Better Homes Depot., Inc. and Eric Fessler (the "BHD Defendants") and Madison Home Equities, Inc., Nadine Malone, and Michael Rindenow (the "Madison Defendants"); and an action for conspiracy to commit fraud, aiding and abetting fraud, and violations of N.Y. Gen. Business Law § 34... Misael HERNANDEZ, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.N.Y., November 13, 2009 DECISION AND ORDER RICHARD J. ARCARA, Chief Judge. INTRODUCTION Plaintiff Misael Hernandez commenced this action pursuant to 42 U . S.C. § 405(g), on January 29, 2008, seeking review of a final determination of the defendant, Michael J. Astrue, the Commissioner of Social Security (the "Commissioner"), denying his claim for disability insurance benefits ("DIB") and Supplemental Security Income ("SSI") under the Social Security Act. The plaintiff claims to be disabled as a result of back pro... Dana WATTS and Yadira Mosquera, on behalf of themselves and all others similarly situated, Plaintiffs, v. JACKSON HEWITT TAX SERVICE INC., Jackson Hewitt Inc., Tax Services Of America, Inc., Map Computax NY, Inc. Mandeep Sobti, and Anjeet Sobti, De, E.D.N.Y., November 13, 2009 MEMORANDUM AND ORDER DORA L. IRIZARRY, District Judge. Plaintiffs Dana Watts and Yadira Mosquera, on behalf of themselves and other similarly-situated customers of Jackson Hewitt Tax Services, Inc., brought an action against the latter for its allegedly deceptive pricing practices, naming as additional defendants Map Computax NY, Inc. (a Jackson Hewitt agent), its owner Mandeep Sobti, and Anjeet Sobti, a Jackson Hewitt franchisee (collectively, the "Sobti Defendants"). On April 24, 2007, Jack... MATRIX ESSENTIALS, Plaintiff, v. QUALITY KING DISTRIBUTORS, INC., Bernard Nussdorf, Glen Nussdorf, and Stephen Nussdorf, Defendants. , E.D.N.Y., November 13, 2009 Weil, Gotshal & Manges LLP, by: Steven Alan Reiss, Esq., Gregory Silbert, Esq., Arthur C. D'Andrea, Esq., New York, NY, for Plaintiff. Bracken, Margolin & Gouvis, LLP, by: Linda Margolin, Esq., Jeffrey D. Powell, Esq., Islandia, NY, for Defendant Quality King Distributors, Inc. Edwards & Angell, LLP, by: Anthony J. Viola, Esq., Andre K. Cizmarik, Esq., New York, NY, for Pro's Choice and Ruth Nussdorf. MEMORANDUM AND ORDER WEXLER, District Judge. This is a case that was most recently b... UNITED STATES of America v. Justin WHITE, Defendant. , S.D.N.Y., November 13, 2009 Preet Bharara, Esq., United States Attorney for the Southern District of New York, by: Adam Hickey, Esq., Assistant United States Attorney, New York, NY, for Respondent. Justin White, Fort Dix, NJ, pro se. MEMORANDUM DECISION CHIN, District Judge. Pro se defendant Justin White moves pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence on the ground that he was denied effective assistance of counsel. For the reasons set forth below, White's motion is denied. [FN1] FN... Armond McCLOUD, Petitioner, v. SUPERINTENDENT OF the WENDE CORRECTIONAL FACILITY, Respondent. , E.D.N.Y., November 13, 2009 TRANSFER ORDER TOWNES, District Judge. Petitioner pro se Armond McCloud is currently incarcerated in a New York State prison, where he is serving sentences totaling 25 years to life imprisonment for his 1996 conviction on two counts of murder in the second degree and one count of criminal possession of a weapon in the second degree. In 2000, after the Appellate Division of the Supreme Court of the State of New York affirmed his conviction, People v. McCloud, 247 A.D.2d 409, 668 N.Y.S.2d 649 (... UNITED STATES of America, v. Sandra HATFIELD, David H. Brooks, Patricia Lennex, Defendants. , E.D.N.Y., November 13, 2009 Richard Thomas Lunger, Jr., Esq., Christopher Allen Ott, Esq., James Halleron Knapp, Esq., James M. Miskiewicz, Esq., United States Attorneys Office, Central Islip, NY, for Goernment. Roland G. Riopelle, Esq., Maurice H. Sercarz, Esq., Sercarz & Riopelle, LLP, New York, NY, for Defendant Sandra Hatfield. John C. Meringolo, Esq., Meringolo and Associates, P.C., Zaki I. Tamir, Esq., Gofer Tamir and Assoc., James M. LaRossa, Esq., New York, NY, Kenneth Ravenell, Esq., William H. Murphy, Jr., ... GRIEVANCE COMM. FOR THE TENTH JUDICIAL DISTRICT, Petitioner, v. Ruth M. POLLACK, Respondent. , S.D.N.Y., November 13, 2009 Robert H. Cabble, Esq., Rita E. Adler, Esq., Hauppauge, NY, for Petitioner. Ruth M. Pollack, Esq., Riverhead, NY, Pro Se Respondent. MEMORANDUM DECISION CHIN, District Judge. On June 30, 2009, petitioner Grievance Committee for the Tenth Judicial District filed a petition in the Appellate Division of the Supreme Court of the State of New York, Second Department, against respondent Ruth M. Pollack alleging two counts of professional misconduct under New York law. Respondent was served wit... Dexter WASHINGTON, Plaintiff, v. Glenn S. GOORD, Commissioner, New York State Department of Correctional Services; Brian Fischer, Commissioner, New York State Department of Correctional Services; Anthony J. Annucci, Deputy Commissioner, New York St, S.D.N.Y., November 13, 2009 MEMORANDUM OPINION AND ORDER LAURA TAYLOR SWAIN, District Judge. Plaintiff Dexter Washington ("Plaintiff") brings this action pro se against Defendants Glenn S. Goord, Commissioner of the New York State Department of Correctional Services ("DOCS"); Brian Fischer, Commissioner of DOCS; Anthony J. Annucci, Deputy Commissioner of DOCS; John Burge, former Superintendent of Auburn Correctional Facility; Margaret Dushnatinski, Record Coordinator of Auburn Correctional Facility; Alan Murphy, Chi... Luisa Gutti BROWN, Plaintiff, v. Sydney COLEMAN, M.D., et al., Defendants. , S.D.N.Y., November 13, 2009 MEMORANDUM OPINION & ORDER RONALD L. ELLIS, United States Magistrate Judge. I. INTRODUCTION On February 19, 2007, Luisa Gutti Brown brought this action against Sydney Coleman, M.D., Kenneth Wemm, M.D., and Tribeca Plastic Surgery, alleging medical malpractice in connection with a June 2004 plastic surgery operation to correct facial asymmetries. (Compl.¶¶ 13-14.) Brown retained Dr. Darrell L. Henderson as an expert witness to testify about whether Defendants met the minimum medical standard of... CHINA NATIONAL CHARTERING CORP. n/k/a China National Chartering Co ., Ltd., Plaintiff, v. PACTRANS AIR & SEA, INC., Defendant. , S.D.N.Y., November 13, 2009 Patrick F. Lennon, Nancy R. Siegel, Darin L. Callahan, Lennon, Murphy & Lennon, LLC for Plaintiff Bill Xian Feng Zou. Bill Xian Feng Zou, Law Offices of Xian Feng Zou, for Defendant. MEMORANDUM OPINION LEWIS A. KAPLAN, District Judge. Plaintiff, China National Chartering Corp. ("CNCC"), petitions this Court to recognize, confirm and enforce an arbitration award made on March 31, 2009 in its favor against defendant, Pactrans Air & Sea, Inc. ("Pactrans") by the China Maritime Arbitration C... Warren KESSELMAN, et al., Plaintiffs, v. THE RAWLINGS COMPANY, LLC, et al., Defendants. , S.D.N.Y., November 13, 2009 Michael Max Goldberg, Law Off. of Michael Goldberg, Robert Hugh Goldberg, Goldberg & Carlton, New York, NY, for Plaintiffs. Richard Wolfe Cohen, Peter Dexter St. Philip, Jr., Lowey Dannenberg Cohen & Hart, P.C., White Plains, NY, Neal S. Manne, Susman Godfrey L.L.P., Los Angeles, CA, Robert Rivera, Susman Godfrey LLP, Houston, TX, Tibor Ludovico Nagy, Jr., Susman Godfrey LLP, Bruce Harvey Schneider, Sandra June Rampersaud, Stroock & Stroock & Lavan LLP, Ronald E. Richman, Schulte Roth & Zabel... UNITED STATES of America, Plaintiff, v. Glenn FRUSTER, Defendant. , W.D.N.Y., November 13, 2009 Bret A. Puscheck, U.S. Attorney's Office, Rochester, NY, for Plaintiff. Mark D. Hosken, Federal Public Defender, Rochester, NY, for Defendant. DECISION AND ORDER DAVID G. LARIMER, District Judge. Defendant, Glenn Fruster ("Fruster") (USM No. 12198-055), pleaded guilty to a two-count Information on February 17, 2006. Count 1 charged possession with intent to distribute cocaine base and Count 2 charged possession with a firearm in furtherance of that drug trafficking crime. The plea was en... Lydia VELEZ, Plaintiff, v. SES OPERATING CORP., Harlem East Life Plan, SES Operating Corp.-Harlem East Life Plan, Defendant. , S.D.N.Y., November 12, 2009 Richard Kubick, New York, NY, for Plaintiff. John T. Bauer, Lisa M. Griffith, Littler Mendelson, P.C., Melville, NY, for Defendant. OPINION & ORDER DENISE COTE, District Judge. Lydia Velez has sued her former employer, SES Operating Corporation doing business as Harlem East Life Plan ("HELP" or "defendant"), for race discrimination. Plaintiff was employed as a substance abuse counselor at HELP from March 1 to May 25, 2006. Plaintiff alleges that her employment was terminated because of h... Nicole ARCHIBALD and Ellen Ogaian on behalf of themselves and others similarly situated, Plaintiffs, v. MARSHALLS OF MA, INC., Marmaxx Operating Corp., d/b/a Marmaxx Group, and the TJX Companies Inc., and Does 1 through 100, inclusive, Defendants. , S.D.N.Y., November 12, 2009 MEMORANDUM and ORDER LORETTA A. PRESKA, Chief Judge. Plaintiffs, Nicole Archibald and Ellen Ogaian ("Plaintiffs"), bring this action on behalf of themselves and other former and current assistant store managers of New York locations of off-price retailer Marshalls of MA, Inc. ("Marshalls"). They claim that Marshalls, Marmaxx Operating Corporation, d/b/a Marmaxx Group ("Marmaxx"), and The TJX Companies Inc. (collectively, "Defendants") violated New York Labor Law by depriving assistant manager... Richard DAVIS, Petitioner, v. James FARRELL, Superintendent, Respondent. , S.D.N.Y., November 12, 2009 MEMORANDUM AND ORDER DOUGLAS F. EATON, United States Magistrate Judge. 1. Richard Davis's habeas petition was assigned to District Judge Barbara S. Jones, who referred it to me for a report and recommendation. 2. Mr. Davis's conviction arose from a 2003 incident in the Marshak Science Building on the campus of the City College of New York. In a letter to me dated September 15, 2009, Mr. Davis writes as follows: I have wrote to law firms and private investigator[s] and some wrote back a... BEHZADI & BRENJIAN CARPET, Plaintiff, v. DAVID & SON ORIENTAL ANTIQUE RUGS CORPORATION and David Shadan, Defendants. , S.D.N.Y., November 12, 2009 MEMORANDUM AND ORDER DOUGLAS F. EATON, United States Magistrate Judge. On October 26, 2009, my Third Amended Scheduling Order said in part: 1. All discovery disputes must be submitted to me by November 2, 2009, in the format required by my Standing Order for Discovery Disputes. 2. By December 30, 2009, all fact discovery must be completed, and plaintiff must serve any expert witness's report in compliance with Rule 26(a)(2)(B). By letter faxed to me on November 2, 2009, Plaintiff s... UNITED STATES of America, Plaintiff, v. William T. HOGAN, Jr., Defendant. , S.D.N.Y., November 12, 2009 MEMORANDUM AND ORDER LORETTA A. PRESKA, Chief Judge. On April 27, 2007, this Court issued an Order to Show Cause why William T. Hogan, Jr. ("Hogan") should not be adjudged in criminal contempt of this Court's March 14, 1989, Order in United States v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, et al., 88 Civ. 4486(DNE). After two amendments to the Notice of Charge and several rounds of briefing by the parties, Hogan now moves this Court to... Linzi Enslin SMYTH, Petitioner, v. Anric BLATT, Respondent. , E.D.N.Y., November 12, 2009 Barbara Bevando Sobal, Esq., New York, NY, for Petitioner. The Law Office Of Jeremy D. Morley, by: Neil J. Saltzman, Esq., of Counsel, New York, NY, for Respondent. Anthony A. Capetola, Esq., Williston Park, NY, for Respondent. MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. This is a proceeding brought by Linzi Enslin Smyth ("the petitioner," "the mother" or "Smyth") the mother of three children and a Swiss resident, seeking the return of the children presently in visitation... UNITED STATES of America, Plaintiff, v. Robin S. TRACEY, Defendant. , W.D.N.Y., November 12, 2009 Tiffany H. Lee, U.S. Attorney's Office, Rochester, NY, for Plaintiff. Joseph M. Latona, Buffalo, NY, for Defendant. DECISION AND ORDER DAVID G. LARIMER, District Judge. On January 5, 2007, defendant, Robin S. Tracey ("Tracey"), pleaded guilty to Count 1 of a superseding indictment which charged knowingly receiving child pornography of violation of 18 U.S.C. § 2252(A)(a)(2). Such a plea subjected him to a mandatory minimum sentence of five years with a maximum sentence of twenty years, a ... UNITED STATES of America, Plaintiff, v. Albert DONALD, Defendant. , W.D.N.Y., November 12, 2009 Douglas E. Gregory, U.S. Attorney's Office, Rochester, NY, for Plaintiff. Maurice J. Verrillo, Law Office of Maurice J. Verrillo, Rochester, NY, for Defendant. DECISION AND ORDER DAVID G. LARIMER, District Judge. INTRODUCTION On July 30, 2009, defendant, Albert Donald ("Donald"), was convicted after a jury trial of several narcotics offenses and a firearms offense. Donald was remanded after the verdict and sentencing is now pending. At the conclusion of the evidence, the Court reserved de... LOCAL UNION NO. 210, LABORERS INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO, Plaintiff, v. McKINNEY DRILLING COMPANY, Defendant. , W.D.N.Y., November 12, 2009 DECISION AND ORDER RICHARD J. ARCARA, Chief Judge. INTRODUCTION Plaintiff Laborers International Union of North America, Local 210 ("Local 210") filed suit against Defendant McKinney Drilling Company ("McKinney") on December 11, 2008, as an action for breach of the collective bargaining agreement between the two parties ("Local 210 CBA"). Defendant McKinney filed a motion to dismiss the complaint on February 2, 2009. The matter was referred to Magistrate Judge McCarthy pursuant to 28 U... James MURRAY, Plaintiff, v. Evelyn WEISSMAN, Doctor; C. Manville, Corrections Officer; T. Brousseau, Inmate Grievance Program Supervisor; Roy A. Girdich, Superintendent; C. Richards, Physician; and John/Jane Does 1-18, Defendants. , N.D.N.Y., November 12, 2009 James Murray, Malone, NY, pro se. Hon. Andrew M. Cuomo, Attorney General for the State of New York, Michael G. McCartin, Esq., Assistant Attorney General, of Counsel, Albany, NY, for Defendants. MEMORANDUM DECISION and ORDER Hon. GLENN T. SUDDABY, District Judge. Currently before the Court in this pro se prisoner civil rights action filed by James Murray ("Plaintiff") are Defendants' motion for summary judgment (Dkt. No. 57), and United States Magistrate Judge Randolph F. Treece's Repor... Guadalupe RODRIGUEZ, Plaintiff, v. Dawn J. BOURSIQUOT, et al., Defendants. , S.D.N.Y., November 12, 2009 REPORT and RECOMMENDATION KEVIN NATHANIEL FOX, United States Magistrate Judge. TO THE HONORABLE PAUL A CROTTY, UNITED STATES DISTRICT JUDGE I. INTRODUCTION Guadalupe Rodriguez ("Rodriguez"), proceeding pro se, brought this action, pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), the New York State Executive Law and the New York City Administrative Code, alleging the defendants: (1) imposed unequal terms and conditions of employment on her; (2) denied her equal access to ... Sonia Naomi BURKE, Plaintiff, v. CWA LOCAL 1109, AFL-CIO, Defendant. , E.D.N.Y., November 12, 2009 NOT FOR PUBLICATION ORDER AMON, District Judge. This Court has received the well-reasoned Report and Recommendation of the Honorable Lois Bloom, United States Magistrate Judge, dated September 30, 2009, recommending that this Court grant the defendant's motion for judgment on the pleadings. As no party has objected, the Court hereby adopts the Report and Recommendation of September 30, 2009 as the opinion of the Court and defendant's motion is granted. The Clerk of the Court is directed to en... Calvin MORGAN, Petitioner, v. Robert ERCOLE, Respondent. , E.D.N.Y., November 12, 2009 MEMORANDUM & ORDER AMON, District Judge. INTRODUCTION Petitioner Calvin Morgan filed a motion for habeas corpus raising claims concerning the sufficiency of the evidence, the excessiveness of his sentence and the ineffectiveness of both trial and appellate counsel. For the reasons stated below, his claims do not warrant habeas relief and his petition is denied. BACKGROUND Trial Evidence On January 28, 1997, Morgan, acting together with his codefendant Reggie Lawrence, robbed cab driver Josep... Roger Anthony DENNIS, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY BUREAU OF IMMIGRATION AND CUSTOM ENFORCEMENT, Respondent. , E.D.N.Y., November 12, 2009 MEMORANDUM & ORDER TOWNES, District Judge. On October 20, 2009, petitioner Roger Anthony Dennis (the "Petitioner"), proceeding pro se, filed a petition styled as an "Emergency Stay of Deportation" (the "Petition"). On October 21, 2009, the Petitioner's request to proceed in forma pauperis was granted pursuant to 28 U.S.C. § 1915, and the Petition was dismissed. The Petitioner now moves for reconsideration. A motion for reconsideration under Local Civil Rule 6.3 "will generally be denied un... Karen A. LIPARULO, Plaintiff, v. ONONDAGA CENTRAL SCHOOL DISTRICT; Board of Education of the Onondaga Central School District; and William Rasbeck, individually and in his capacity as Principal of the Junior and Senior High School, Defendants. , N.D.N.Y., November 12, 2009 O'Hara, O'Connell & Ciotoli, Stephen Ciotoli, Esq., of Counsel, Fayetteville, NY, for Plaintiff. Law Office of Frank W. Miller, Frank W. Miller, Esq., Charles E. Symons, Esq., of Counsel, East Syracuse, NY, for Defendant. DECISION and ORDER Hon. GLENN T. SUDDABY, District Judge. Currently before the Court in this civil rights action brought by Karen A. Liparulo ("Plaintiff") is a motion for summary judgment filed by the Onondaga Central School District ("the School"), the Board of Educat... Shirley A. HOLLAND, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , N.D.N.Y., November 12, 2009 Conboy, McKay, Bachman & Kendall, Lawrence D. Hasseler LLP, Lawrence D. Hasseler, of Counsel, Carthage, NY, for the Defendant. Andrew T. Baxter, United States Attorney William H. Pease, AUSA, of Counsel, Syracuse, NY, Barbara L. Spivak, Chief Counsel--Region II, Office of the General Counsel, Dennis J. Canning, Assistant Regional Counsel, of Counsel, New York, NY, for the Plaintiff. Memorandum, Decision and Order NEAL P. McCURN, Senior District Judge. I. Introduction By this action, plai... The ROAD DAWGS MOTORCYCLE CLUB OF the UNITED STATES, INC.; New York Road Dawgs Motorcycle Club, Inc.; Massachusetts Road Dawgs, Inc .; and Richard E. Downey, Plaintiffs, v. "CUSE" ROAD DAWGS, INC.; and John Does 1-XX, Defendants. , N.D.N.Y., November 12, 2009 Marjama Muldoon Blasiak & Sullivan LLP, James R. Muldoon, Esq., Robert E. Rigby, Jr., Esq., of Counsel, Syracuse, NY, for Plaintiffs. Carroll & Carroll Lawyers, P.C., Woodruff L. Carroll, Esq., of Counsel, Syracuse, NY, for Defendants. MEMORANDUM DECISION and ORDER Hon. GLENN T. SUDDABY, District Judge. Currently pending before the Court in this trademark infringement action is a motion for summary judgment filed by The Road Dawgs Motorcycle Club of the United States, Inc., New York Road... Leslie M. CROSS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.N.Y., November 12, 2009 Peter M. Margolius, Office of Peter M. Margolius, Catskill, NY, for Plaintiff. Suzanne M. Haynes, Social Security Administration, Office of Regional General Counsel, New York, NY, for Defendant. DECISION AND ORDER VICTOR E. BIANCHINI, United States Magistrate Judge. I. Introduction Plaintiff Leslie M. Cross challenges an Administrative Law Judge's ("ALJ") determination that she is not entitled to disability insurance benefits ("DIB"), or supplemental security income ("SSI"), under the So... CPM CORPORATION LIMITED, Plaintiff, v. PROMINENT SHIPPING PTE LTD. and Austin Navigation Singapore PTE Ltd, a/k/a Austin Navigation Inc., Defendants. , S.D.N.Y., November 12, 2009 Lennon, Murphy & Lennon, LLC, by: Kevin J. Lennon, Esq., Nancy R. Siegel, Esq., New York, NY, for Plaintiff. Carroll, McNulty & Kull LLC, by: Christoher H. Mansuy, Esq., New York, NY, for Defendants. OPINION SWEET, District Judge. Defendants Prominent Shipping PTE Ltd. ("Prominent") and Austin Navigation Singapore PTE Ltd., a/k/a Austin Navigation Inc. ("Austin") (collectively, the "Defendants") have moved under Rule E(4)(f), Supplemental Rules for Certain Admiralty and Maritime Claims, ... ZHEIJIANG ZEC IMPORT & EXPORT CO., LTD., Plaintiff, v. J.C. SUSSMAN, INC., Defendant. , S.D.N.Y., November 12, 2009 MEMORANDUM DECISION AND ORDER GEORGE A. YANTHIS, United States Magistrate Judge. This action arises out of defendant J.C. Sussman, Inc.'s alleged failure to make complete payment on six invoices. Defendant was a wholesale importer of fabrics and finishing products. On April 30, 2009, plaintiffs counsel learned that the defendant corporation had been dissolved. Presently before this Court is plaintiffs motion to amend the complaint to add the following additional defendants: J.C. Sussman Inter... MONTEFIORE MEDICAL CENTER, Plaintiffs, v. TEAMSTERS LOCAL 272, Fred Alston in his capacity as President of Teamsters Local 272, Local 272 Welfare Fund, and Mark Goodman in his capacity as Fund Manager of Local 272 Welfare Fund, Defendants. , S.D.N.Y., November 12, 2009 OPINION & ORDER Hon. HAROLD BAER, JR., District Judge. Plaintiff Montefiore Medical Center ("Montefiore" or the "Hospital") initially brought this action in New York Supreme Court, Bronx County, against Defendants Teamsters Local 272 (the "Union"), the Local 272 Welfare Fund (the "Fund"), and Fred Alston and Mark Goodman, in their capacities as President of the Union and Manager of the Fund, respectively (collectively, "Defendants"), seeking payment for medical care services provided to the U... Vandyke JOHNSON, Plaintiff, v. CITY OF NEW YORK, Commissioner of the Nypd or his successor; P.O. Danielle Wubnig, shield no. 23048, in her professional and personal capacity; New York University; Dean of Scps Robert Lapiner; NYU Investigations Mana, S.D.N.Y., November 12, 2009 ORDER SIDNEY H. STEIN, District Judge. By separate Order & Opinion dated November 12, 2009, this Court has granted the motion of defendants New York University, Robert Lapiner, Patrick Wing, Robert Hughes, Rory Deegan, and Thomas Grace (collectively, the "NYU defendants") to dismiss plaintiff Vandyke Johnson's federal claims. Still remaining in this action with respect to the NYU defendants are plaintiff's state law claims for false arrest and malicious prosecution. Those same state law claim... AMERICAN EAGLE OUTFITTERS, INC. and Retail Royalty Company, Plaintiffs, v. PAYLESS SHOESOURCE, INC., Defendant. , E.D.N.Y., November 12, 2009 OPINION AND ORDER POHORELSKY, United States Magistrate Judge. The plaintiffs American Eagle Outfitters, Inc. and Retail Royalty Company ("AEO") have moved to compel the defendant Payless ShoeSource, Inc. and a non-party, Jimlar Corporation, to produce documents withheld on the ground that they are privileged. The motion requires the court to consider the scope of the "common interest rule" when its protections are asserted by persons whose interests in a given litigation, while similar, are n... Keith MATHIS, Petitioner, v. James T. CONWAY, Eliot Spitzer, Respondents. , W.D.N.Y., November 12, 2009 ORDER MICHAEL A. TELESCA, District Judge. I. Introduction Petitioner Keith Mathis ("petitioner") filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction following a jury trial in the Supreme Court, Monroe County before Justice David Egan on one count each of Rape in the First Degree (N.Y. Penal Law § 130.35(1)) and Sodomy in the First Degree (former N.Y. Penal Law § 130.50(1)). Petitioner was sentenced as a second felony offender to two c... The UNITED STATES of America v. Steven D. BLUMHAGEN, Defendant. , W.D.N.Y., November 12, 2009 Decision & Order HUGH B. SCOTT, United States Magistrate Judge. Before the Court is the defendant's motion seeking various pretrial relief (Docket No. 6). [FN1] FN1. To the extent the motion seeks dispositive relief, such requests are the subject of a separate Report & Recommendation. Background On March 9, 2009, the Grand Jury issued an indictment charging defendant Steven D. Blumhagen ("Blumhagen") with seven counts of wire fraud in violation of 18 U.S.C. §§ 1343 and 2 [Count... William JAMES, Plaintiff, v. Ms. BAUET, Supervisor, Mr. Steven, Supervisor, Mr. Ambrose, Supervisor, Ms. Civers, Supervisor, Ms. Scott, Supervisor, Ms. Dawkins, Supervisor, Mr. White, Supervisor, Mr. Men, Supervisor, Ms. Golden, Supervisor, Mr. Bro, S.D.N.Y., November 11, 2009 MEMORANDUM AND ORDER P. KEVIN CASTEL, District Judge. Plaintiff William James brings this action pro se under 42 U.S.C. § 1983, alleging that he was denied a bed in a homeless shelter, in violation of the Due Process and Equal Protection clauses of the Fourteenth Amendment. One group of defendants has moved to dismiss plaintiff's Complaint pursuant to Rules 12(b)(1) and 12(b)(6), Fed.R.Civ.P. A second group of defendants has moved to dismiss the Complaint pursuant to Rule 12(b)(6), or in the ... James LYTCH, Petitioner, v. UNITED STATES of America, Respondent. , E.D.N.Y., November 11, 2009 James Lytch, Brooklyn, NY, James Lytch, Otisville, NY, pro se. Kelly T. Currie, United States Attorneys Office, Eastern District of New York, Brooklyn, NY, for Respondent. OPINION AND ORDER ROSS, District Judge. Pro se petitioner, James Lytch ("Lytch" or "petitioner"), filed the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 on May 4, 2009. He claims that the ten year consecutive sentence imposed on him for violation of 18 U.S.C. § 924(c)(A)(iii) is unlawful in... MASON AGENCY LTD., Plaintiff, v. EASTWIND HELLAS SA, Defendant. , S.D.N.Y., November 11, 2009 George Michael Chalos, Chalos & Co., P.C., Oyster Bay, NY, for Plaintiff. MEMORANDUM OPINION & ORDER DENISE COTE, District Judge. On September 29, 2009, an Opinion and Order ("Order") was issued directing plaintiff Mason Agency ("Mason"), George M. Chalos ("Chalos"), and Chalos & Co., P.C. ("Chalos & Co.") (collectively, "Respondents") to show cause why each should not be sanctioned pursuant to Federal Rule of Civil Procedure 11(c)(1). For the following reasons, the Court declines to impose... Roberto RODRIGUEZ, Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY, City of New York, Transit Authority Conductor Charles Johnson, and Police Officer Anthony Rosales, Defendants. , S.D.N.Y., November 10, 2009 Bruce Eric Menken and Jennifer Lea Smith, Berenbaum Menken LLP, New York, NY, for Plaintiff Roberto Rodriguez. Richard Schoolman and Kavita Kiran Bhatt, New York City Transit Authority, Brooklyn, NY, for Defendants New York City Transit Authority and Charles Johnson. David Michael Pollack, New York City Law Department, Office of the Corporation Counsel, Bronx, NY, for Defendants City of New York and Anthony Rosales. MEMORANDUM AND ORDER RICHARD J. SULLIVAN, District Judge. Plaintiff ... Bernice MALCOLM, Plaintiff, v. HONEOYE FALLS LIMA CENTRAL SCHOOL DISTRICT, Defendant. , W.D.N.Y., November 10, 2009 Christina A. Agola, Rochester, NY, for Plaintiff. Michael P. McClaren, Michael S. Cerrone, Webster Szanyi, LLP, Buffalo, NY, for Defendant. DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiff Bernice Malcolm ("plaintiff") was employed by defendant Honeoye Falls-Lima Central School District (the "District") from January 2001 until her resignation in July 2007, effective June 30, 2008. On or about July 16, 2007, the plaintiff entered into a Settlement Agreement (the "Settlem... CREDITSIGHTS, INC., Plaintiff, v. Paul CIASULLO, Defendant. , S.D.N.Y., November 10, 2009 MEMORANDUM AND ORDER MICHAEL H. DOLINGER, United States Magistrate Judge. We have received an application-by a non-party witness for a protective order in the wake of service on her of a deposition subpoena by the defendant. She seeks a ruling that would (1) require that the deposition take place in New York City rather than in New Canaan, Connecticut, where it was noticed, and (2) prevent the defendant from sitting in the deposition room during the deposition. (Nov. 4, 2009 letter to the cou... ASSOCIATION OF HOLOCAUST VICTIMS FOR RESTITUTION OF ARTWORK AND MASTERPIECES, a/k/a "Ahvram," et al, Plaintiffs, v. BANK AUSTRIA CREDITANSTALT AG, et al, Defendants. , S.D.N.Y., November 10, 2009 MEMORANDUM ORDER SIDNEY H. STEIN, District Judge. I. Background This action, filed in 2004, is brought against certain Austrian banks on the grounds that the banks committed torts and violations of international law arising out of activities of the Nazis during World War II. On August 19, 2005, Judge Shirley Wohl Kram granted defendant Bank of Austria's motion to dismiss the First Amended Complaint for lack of subject matter jurisdiction. Although plaintiff had claimed that there was federal ... Thomas GESUALDI and Frank Finkel, Trustees of Local 282 International Brotherhood of Teamsters Welfare, Pension, Annuity, Job Training and Vacation Sick Leave Trust Funds, Plaintiffs, v. WILD HORSE TRUCKING, INC., Defendant. , E.D.N.Y., November 10, 2009 Avram H. Schreiber, Esq., New York, NY, for the Plaintiffs. MEMORANDUM AND ORDER BLOCK, Senior District Judge. On July 14, 2009, plaintiffs (the "Trustees") filed a complaint seeking recovery of unpaid benefit contributions, delinquency charges, liquidated damages, attorney's fees, costs and interest from defendant Wild Horse Trucking, Inc. ("WHT"); the Trustees also seek a permanent injunction. WHT was duly served, see Schreiber Aff. Ex. A (Summons, Complaint, and Affidavit of Service), bu... Guadalupe RODRIGUEZ, Plaintiff, v. Dawn J. BOURSIQUOT, et al., Defendants. , S.D.N.Y., November 10, 2009 MEMORANDUM and ORDER KEVIN NATHANIEL FOX, United States Magistrate Judge. INTRODUCTION Pending before the Court, in this pro se action brought pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), is a motion to dismiss made by the defendants. In opposing the motion, the plaintiff, Guadalupe Rodriguez ("Rodriguez"), submitted a writing to the court, through which, among other things, she requested that the Court appoint counsel to assist her in prosecuting the action. The plaint... AMIDA CAPITAL MANAGEMENT II, LLC, Plaintiff, v. CERBERUS CAPITAL MANAGEMENT, L.P., Ram Holdings, Inc., Ram Acquisition Corp., Ram Holdings Company, LLC, Cerberus Partners L.P., Cerberus Associates, L.L.C., Steven F. Mayer, and Stephen [FN*] Tephen, S.D.N.Y., November 10, 2009 Coughlin Stoia Geller Rudman & Robbins LLP, by: Samuel H Rudman, Esq., David A. Rosenfeld, Esq., Stuart A. Davidson, Esq., Stephen R. Astley, Esq., Melville, NY, for Plaintiff. Milbank, Tweed, Hadley & Mccloy, LLP, by: Michael L Hirschfeld, Esq., Robert C. Hora, Esq., Jennie Woltz, Esq., New York, NY, for Defendants. OPINION CEDARBAUM, District Judge. Amida Capital Management II, LLC ("Amida") sues under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and under New York l... Julie TOTTEY, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA a/k/a Cigna Group Insurance, Defendant. , N.D.N.Y., November 10, 2009 Office of Peter N. Littman, Ithaca, NY, Peter N. Littman, Esq., of Counsel, for Plaintiff. Russo, Keane & Toner, LLP, New York, NY, Kevin G. Horbatiuk, Esq., of Counsel, for Defendant. MEMORANDUM-DECISION AND ORDER FREDERICK J. SCULLIN, JR., Senior District Judge. I. INTRODUCTION Following a bench trial in this matter, the Court determined that "Plaintiff ha[d] proven that she was 'totally disabled' within the meaning of the Plan on May 4, 2005, when Defendant terminated her benefits and... Melvin MOORE, Petitioner, v. James T. CONWAY, Warden, Attica Correctional Facility, Respondent. , W.D.N.Y., November 10, 2009 DECISION AND ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION Petitioner is seeking a writ of habeas corpus, pursuant to 28 U.S .C. § 2254. Now before the Court are two motions by Petitioner: 1) a motion [# 7] to stay the petition to permit him to exhaust, in state court, a claim of ineffective assistance of appellate counsel; and 2) a motion [# 16] for an extension of time to file a reply/traverse and for permission to file a memorandum of law not to exceed forty-five pages. For... In the Matter of the APPLICATION OF Elliott MADISON and Elena Madison, James Weiss and Irina Weiss, Jennifer Sobolewski, Michael Wallschlaeger, and Maik Hasenbank, for an order, pursuant to Rule 41(g) of the Federal Rules of Criminal Procedure return, E.D.N.Y., November 10, 2009 Martin R. Stolar, New York, NY, for Elliot Madison, Elena Madison, Michael Wallschlaeger, Jennifer Sobolewski, James Weiss, Maik Hasenbank. Zoe Jayde Dolan, New York, NY, for Michael Wallschlaeger. Philip C. Segal, Segal & Greenberg LLP, New York, NY, for Jennifer Sobolewski. Jeffrey Adam Rothman, New York, NY, for James Weiss. Richard F. Bellman, New York, NY, for Maik Hasenbank. OPINION & ORDER DORA L. IRIZARRY, District Judge: This action was initiated on October 2, 2009, pursua... Rene R. ALEMAN, Plaintiff, v. BAYSHORE UNION FREE SCHOOL DISTRICT, Defendants. , E.D.N.Y., November 10, 2009 Paul L. Dashefsky, Esq., Smithtown, NY, for the Plaintiff. Cruser Mitchell & Novitz, LLP, by: Keith V. Tola, Esq., Rondiene Erin Novitz, Esq., of Counsel, Melville, NY, for the Defendant. MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. Presently before the Court is a motion by the Bayshore Union Free School District ("the Defendant") to set aside a July 17, 2009 discovery Order entered by United States Magistrate Judge Arlene R. Lindsay. For the reasons that follow, the Defendant... Maria T. DeANGELIS, Plaintiff, v. AMERICAN AIRLINES, INC. and Onesource Holdings, Inc., Defendants. , E.D.N.Y., November 10, 2009 MEMORANDUM & ORDER NICHOLAS G. GARAUFIS, District Judge. Plaintiff Maria T. DeAngelis ("Plaintiff" or "DeAngelis") brings this diversity action against Defendants American Airlines, Inc. ("American Airlines") and OneSource Holdings, Inc. ("OneSource") alleging claims for personal injuries she sustained in a slip-and-fall accident at the American Airlines terminal at John F. Kennedy International Airport. This sua sponte Memorandum & Order directs the parties to file supplemental briefing addr... Jea Keng KANG, Plaintiffs, v. HERTZ VEHICLES, LLC and Morris Marshall, Jr., Defendants. , E.D.N.Y., November 10, 2009 MEMORANDUM AND ORDER DEARIE, Chief Judge. Plaintiff Jea Keng Kang commenced this personal injury action after he and defendant Morris Marshall were involved in a car accident on the Grand Central Parkway in Queens, New York. Kang alleges that Marshall's negligence was the sole cause of the accident. Kang has also sued Marshall's employer Hertz Vehicles, LLC on the theory of respondeat superior. Kang alleges that he was driving on the Grand Central Parkway when his car was hit near the rear... Alan NEWTON, Plaintiff, v. The CITY OF NEW YORK; District Attorneys Mario Merola and Robert T. Johnson, Individually, and in Their Official Capacity; Andrea Freund and Various John/Jane Does, Individually and in Their Official Capacities as Employe, S.D.N.Y., November 10, 2009 John Francis Schutty III, Esq., Law Office of John F. Schutty, New York, NY, for Plaintiff. Arthur Gabriel Larkin III, Fred Michael Weiler, Assistant Corporation Counsel, The New York City Law Department, New York, NY, for Defendants. ORDER SHIRA A. SCHEINDLIN, District Judge. On November 6, 2009, plaintiff submitted a letter requesting leave to file a motion for reconsideration of this Court's October 13, 2009 Opinion and Order ("10/13/09 Opinion"), which granted the individual defendants'... Craig MOBAYED, Petitioner, v. Anthony BOUCAUD, Superintendent for Altona Correctional Facility, Respondent. , E.D.N.Y., November 10, 2009 MEMORANDUM & ORDER MAUSKOPF, District Judge. On October 26, 2009, pro se petitioner Craig Mobayed filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner's request to proceed in forma pauperis is granted. For the reasons set forth below, petitioner is directed to submit an affirmation, within thirty (30) days of the date of this Order, showing cause why the petition should not be dismissed as time-barred. BACKGROUND Petitioner challenges a conviction on three c... Frank McGRIGS, Petitioner, v. J.M. KILLIAN, Warden of the Federal Correctional Institution in Otisville, New York, Respondent. , S.D.N.Y., November 10, 2009 DECISION & ORDER RICHARD M. BERMAN, District Judge. I. Background On or about June 25, 2008, Frank McGrigs ("Petitioner"), proceeding pro se, filed a petition for a writ of habeas corpus ("Petition") pursuant to 28 U.S.C. § 2241 against J.M. Killian ("Respondent"), Warden of the United States Federal Correctional Institution in Otisville, New York, challenging the United States Federal Bureau of Prison's ("BOP") calculation of the length of Petitioner's sentence and alleging, among other thin... Samaad BISHOP, Plaintiff, v. HENRY MODELL & COMPANY d/b/a Modell's Sporting Goods Stores, City of New York, et al., Defendant. , S.D.N.Y., November 10, 2009 Samaad Bishop, New York, NY, for Plaintiff. Joanna M. Topping, Esq., Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, NY, for the Modell's Defendants. Deborah M. Zawadzki, Esq., Jonathan B. Bruno, Esq., Kaufman Borgest & Ryan LLP, New York, NY, for the Centurion Defendants. Philip R. DePaul, Office of the Corporation Counsel, City of New York, Law Department, New York, NY, for the City of New York. MEMORANDUM AND ORDER NAOMI REICE BUCHWALD, District Judge. Plaintiff, Sama... Ivan Michael SUPHAL, Petitioner, v. Luis R. MARSHALL, Superintendant, Sing Sing Correctional Facility, Respondent. , E.D.N.Y., November 10, 2009 Freeman, Nooter & Ginsberg, by: Thomas Nooter, Janet Mace, New York, NY, for Petitioner. Charles J. Hynes, District Attorney, by: Sholom J. Twersky, Brooklyn, NY, for Respondent. MEMORANDUM AND ORDER JOHN GLEESON, District Judge. Ivan Michael Suphal petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, seeking to overturn his conviction in New York State Supreme Court of depraved indifference murder. Suphal claims that he was denied effective assistance of counsel because ... Brenda EBERT, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.N.Y., November 10, 2009 Legal Aid Society of Northeastern NY, Joanna S. Davis, Esq., of Counsel, Saratoga Springs, NY, for Plaintiff. Hon. Andrew Baxter, United States Attorney, Northern District of New, John M. Kelly, Esq., Special Asst. U.S. Attorney, of Counsel, Syracuse, NY, Office of General Counsel, Social Security Administration, Barbara L. Spivak, Esq., Chief Counsel, Region II, of Counsel, New York, NY, for Defendant. DECISION AND ORDER LAWRENCE E. KAHN, District Judge. This matter comes before the Co... Guy MATTIA, Petitioner, v. Brian FISHER, Commissioner, New York Dept. of Corrections and Luis Marshall, Superintendent, Sing Sing Correctional Facility, Respondents. , E.D.N.Y., November 10, 2009 Leonard J. Levenson, Esq., New York, NY, for Petitioner. Jacqueline M. Linares, Assistant District Attorney, Office of the Kings County District Attorney Brooklyn, NY, for Respondents. MEMORANDUM AND ORDER AMON, District Judge. Petitioner Guy Mattia, through counsel, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 11, 2000, Mattia was found guilty of Murder in the Second Degree after a jury trial. He was sentenced to an indeterminate sentence of... UNITED STATES of America, v. Antonio GUERRERO, et al., Defendants. , S.D.N.Y., November 10, 2009 Preet Bharara, United States Attorney for the Southern District of New York, by: Laurie Korenbaum, Esq., Marissa Mole, Esq., New York, NY, for Government. Kelley Drye & Warren, LLP, by: Don Buchwald, Esq., Frederick H. Cohn, Esq., New York, NY, for Defendants. OPINION SWEET, District Judge. Defendant Antonio Guerrero a/k/a "Tony" ("Guerrero") has moved to suppress evidence seized from his home in the course of his arrest and a subsequent search of his residence on April 21, 2009, on the ... Claude JACKSON, Plaintiff, v. Michael J. ASTRUE, [FN1] Commissioner of Social Security Administration, Defendant. FN1. On February 12, 2007, Michael J. Astrue became the Commissioner of Social Security and is substituted for Commissioner Jo , N.D.N.Y., November 10, 2009 Buckley, Mendleson & Criscione, P.C., Ira Mendelson, III, Esq., of Counsel, Albany, N.Y., for the Plaintiff. Office of the United States Attorney, William H. Pease, Esq., of Counsel, Syracuse, NY, for the Defendant. MEMORANDUM--DECISION AND ORDER NEAL P. McCURN, Senior District Judge. Plaintiff Claude Jackson ("plaintiff") brings this action pursuant to § 205(g) of the Social Security Act (the "Act"), codified at 42 U.S.C. §§ 405(g). Plaintiff seeks review of the final decision of the Commi... Nicholas IPPOLITO, Plaintiff, v. Glenn GOORD, et al., Defendants. , W.D.N.Y., November 10, 2009 DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiff, Nicholas Ippolito ("Ippolito"), commenced this lawsuit under 42 U.S.C. § 1983 claiming that several defendants were deliberately indifferent to his medical needs. Specifically, he claims that the defendants denied him a certain type of treatment for his Hepatitis C infection, in part because he refused to enroll in a substance abuse program as was required, at that time, by Department of Correctional Services ("DOCS") regulation... Matthew SUAREZ, Plaintiff, v. AMERICAN STEVEDORING, INC., Defendant. , E.D.N.Y., November 10, 2009 MEMORANDUM & ORDER MATSUMOTO, District Judge. Plaintiff Matthew Suarez ("plaintiff" or Suarez") brings this action alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000, et seq. ("Title VII"), 42 U.S.C. § 1981 ("Section 1981"), New York State Executive Law § 296 ("NYSEL") and New York City Human Rights Law, Administrative Code § 8-107 ("NYCHRL"). (See generally, Doc. No. 8, Amended Complaint ("Am.Compl.").) In this lawsuit,... Marie FLAHERTY, Plaintiff, v. Jason FILARDI et al., Defendants. , S.D.N.Y., November 10, 2009 ORDER LAURA TAYLOR SWAIN, District Judge. Before the Court is Defendants' [FN1] Motion to Sanction Plaintiff and Hold Her in Civil Contempt for Willfully Violating the Unambiguous Protective Order ("Motion to Sanction") (docket entry no. 341). The motion arises from Plaintiff's public filing and internet postings of documents and information that had been designated confidential pursuant to a consent protective order, and proceedings in connection with an order to show cause relating to ... Euwyn POON, Plaintiff, v. ROOMORAMA, LLC, Federico Folcia, Jia En Teo, David Ngo, and Upthought, Inc., Defendants. , S.D.N.Y., November 10, 2009 DECISION & ORDER RICHARD M. BERMAN, District Judge. I. Introduction On June 25, 2009, Plaintiff Euwyn Poon ("Plaintiff" or "Poon") filed a First Amended Complaint ("FAC" or "Complaint") against Roomorama, LLC ("Roomorama" or "Company"), Federico Folcia ("Folcia"), Jia En Teo ("Teo"), David Ngo ("Ngo"), and Upthought, Inc. ("Upthought") (collectively, "Defendants"), alleging copyright infringement under 17 U.S.C. § 106 and state common law claims of misappropriation of trade secrets, promissor... Orlando S. RAMIREZ, individually and on behalf of all others similarly situated, Plaintiff, v. DOLLAR PHONE CORP., d/b/a DPC, Dollar Phone Services, Inc., Dollar Phone Enterprise, Inc., and Dollar Phone Access, Inc., Defendants. , E.D.N.Y., November 10, 2009 James E. Cecchi, Lindsey H. Taylor, Carella, Byrne, Bavin, Gilfillan et al., Roseland, NJ, Christopher A. Seeger, Seeger Weiss, LLP, New York, NY, Jeffrey A. Leon, Winston & Strawn, Chicago, IL, for Plaintiff. Neil D. Grossman, Bronstein, Gewirtz & Grossman LLC, New York, NY, for Defendants. MEMORANDUM, ORDER AND JUDGMENT DENYING CLASS CERTIFICATION AND GRANTING SUMMARY JUDGMENT JACK B. WEINSTEIN, Senior District Judge: I. Introduction Plaintiff Orlando S. Ramirez, on behalf of himself an... ALLEGANY CO-OP INSURANCE COMPANY a/s/o Dimora Properties Ltd., Plaintiff, v. Dominic DIMORA, Defendant. , W.D.N.Y., November 9, 2009 James John Nash, Cohen & Lombardo, P.C., Buffalo, NY, for Plaintiff. Michael Pilarz, Law Offices of Michael Pilarz, Buffalo, NY, for Defendant. ORDER RICHARD J. ARCARA, Chief Judge. The above-referenced case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On October 15, 2009, Magistrate Judge Scott filed a Report and Recommendation, recommending that defendant's motion to dismiss be granted. The Court has carefully reviewed the Report and Reco... Louis BLOOM and Nancy Bloom, Plaintiffs, v. PROMAXIMA MANUFACTURING COMPANY, M-F Athletic Company, Inc., Promaxima Manufacturing, Ltd., Defendants. Excellus Health Plan, Inc., Intervenor. Promaxima Manufacturing, Ltd., Cross-Claimant v. M-F Ath, W.D.N.Y., November 9, 2009 Angelo G. Faraci, Esq., Matthew F. Belanger, Esq., Faraci Lange LLP, Rochester, NY, for Plaintiffs. Charles D. Cole, Jr., Esq., Lon VanDusen Hughes, Esq., Newman Fitch Altheim Myers, P.C., New York, NY, for Defendants ProMaxima Manufacturing Company, ProMaxima Manufacturing, Ltd. Robert M. Shaddock, Esq., Hiscock & Barclay LLP, Rochester, NY, for Defendant M-F Athletic Company, Inc. Edward P. Hourihan, Jr., Esq., Bond Schoeneck & King PLLC (Roch), Fairport, NY, for Intervenor Excellus Heal... JOHN WILEY & SONS, INC., Plaintiff, v. Supap KIRTSAENG d/b/a Bluechristine99, et al., Defendants. , S.D.N.Y., November 9, 2009 MEMORANDUM & ORDER DONALD C. POGUE, District Judge. [FN10] FN10. Judge Donald C. Pogue of the United States Court of International Trade, sitting by designation. This Order denies Plaintiff's motion to hold Defendant in contempt of a prior court order. The motion, brought by John Wiley & Sons, Inc. ("Wiley" or "Plaintiff"), alleges that Supap Kirtsaeng ("Kirtsaeng" or "Defendant") acted in contempt of an Order to Show Cause for Preliminary Injunction and Prejudgment Attachment and Order of A... Tamara M. HARRIS, Plaintiff, v. QUEENS COUNTY DISTRICT ATTORNEY'S OFFICE, et al., Defendants. , E.D.N.Y., November 9, 2009 ORDER AMON, District Judge. This Court has received the well-reasoned Report and Recommendation of the Honorable Lois Bloom, United States Magistrate Judge, dated September 15, 2009, recommending that this Court deny Defendant's motion to dismiss with respect to Plaintiff's claim that she was denied access to the courthouse in violation of the First and Fourteenth Amendments of the United States Constitution and Plaintiff's state law claim for defamation. Magistrate Judge Bloom further recomm... Patrick F. D'CUNHA, Plaintiff, v. GENOVESE/ECKERD CORPORATION, and its parent companies: Brooks Eckerd drugstore chain, J.C. Penney, JCG (PJC) USA, LLC ("Jean Coutu USA"), Jean Coutu Group (PJC) Inc., and Rite Aid Corporation (publicly held corpor, E.D.N.Y., November 9, 2009 ORDER CHARLES R. WOLLE, District Judge. This ADEA age discrimination case was filed pro se by plaintiff Patrick F. D'Cunha on July 23, 2002, and has trod a tortuous path since then. After numerous fits and starts, the court granted the motion for summary judgment filed by defendant Genovese/Eckerd Corporation (GEC), but on plaintiffs appeal the United States Court of Appeals for the Second Circuit reversed and remanded for a jury trial. See D'Cunha v. Genovese/Eckerd Corp., 479 F.3d 193 (... Rasheem S. HARRIS, Petitioner, v. Thomas POOLE, Respondent. , W.D.N.Y., November 9, 2009 Rasheem S. Harris, Romulus, NY, pro se. Ashlyn Hope Dannelly, Office of the State Attorney General, New York, NY, for Respondent. DECISION AND ORDER MICHAEL A. TELESCA, District Judge. I. Introduction Pro se petitioner Rasheem Harris ("Petitioner") has filed a timely petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the constitutionality of his custody pursuant to a judgment entered February 14, 2001, in New York State, County Court, Ontario County, convicting him, ... Jeremiah M. FERGUSON, Plaintiff, v. COMMISSIONER OF TAXATION AND FINANCE, Defendant. , W.D.N.Y., November 9, 2009 DECISION AND ORDER MICHAEL A. TELESCA, District Judge. Plaintiff Jeremiah Ferguson has filed a pro se action seeking relief under 42 U.S.C. § 1983 (Docket No. 1) and has paid the filing fee. Plaintiff claims that the defendant, Commissioner of Taxation and Finance, owes him a New York State sales tax refund of $80.00 related to the purchase of a new vehicle and sale of his used vehicle. For the reasons discussed below, plaintiff's complaint must be dismissed. A United States district court... Jaber Ahmed ALMUGANNAHI, Plaintiff, v. Eric HOLDER, Attorney General of the United States, et al., Defendants. , W.D.N.Y., November 9, 2009 DECISION & ORDER CHARLES J. SIRAGUSA, District Judge. Siragusa, J. On March 10, 2009, Plaintiff filed a "Complaint for Mandamus" seeking a writ of mandamus to compel Defendants to adjudicate (1) Petitions for Alien Relative filed by Plaintiff for immigration of his wife and children to the United States, and (2) his application for Adjustment of Status to Permanent Residence (Form I-485). On May 11, 2009, Defendants moved to dismiss for lack of jurisdiction and for mootness. Plaintiff res... Terrence R. JAMISON, Plaintiff, v. Michael CHAPMAN; Bernard Stooks; William Moorehead; James Catanzaro; Richard Stevenson; Corey Conley; Hale E. Smith; Janet Hanna; Pamela Carrier; Keith Zulko; and Eric Jones, Defendants. , N.D.N.Y., November 9, 2009 Bosman Law Office, A.J. Bosman, Esq., of Counsel, Rome, NY, for the Plaintiff. New York State Attorney General, Kelly L. Munkwitz, Esq., of Counsel, Albany, NY, for Defendants Chapman, Stooks, Moorehead, Catanzaro, Stevenson, Conley, Smith, Hanna, and Carrier. Sheehan Greene Carraway, Golderman & Jacques LLP, Thomas D. Latin, Esq., of Counsel, Albany, NY, for Defendants Zulko and Jones. MEMORANDUM-DECISION and ORDER DAVID N. HURD, District Judge. I. INTRODUCTION Plaintiff Terrence Jamiso... James PETTUS, Plaintiff, v. David SPOKONY, Deputy Clerk, 1st Department, Defendant. , N.D.N.Y., November 9, 2009 James Pettus, Pine City, NY, pro se. DECISION and ORDER Hon. GLENN T. SUDDABY, District Judge. Currently before the Court in the above-captioned pro se prisoner civil rights action, filed by James Pettus ("Plaintiff"), are Plaintiff's motion to proceed in forma pauperis and a Report-Recommendation, filed by Magistrate Judge David E. Peebles on October 9, 2009, recommending that Plaintiff's motion be denied pursuant to the "three strikes" provision of the Prison Litigation Reform Act, 42 U.S... SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. Andreas BADIAN, et al., Defendants. , S.D.N.Y., November 9, 2009 MEMORANDUM AND ORDER DOUGLAS F. EATON, United States Magistrate Judge. Following my earlier ruling, S.E.C. v. Badian, 2009 WL 222783 (S.D.N.Y. Jan. 26, 2009), the SEC took deposition testimony from Andreas Badian, Robert Charron, and Therese Pritchard. In 2002 and 2003, Andreas Badian and his brother Thomas Badian were principals in Rhino Advisors, Inc. ("Rhino") and Ms. Pritchard and her law firm Bryan Cave LLP acted as attorneys for Rhino. At her 8/25/09 deposition, Ms. Pritchard declined ... PALM BAY INTERNATIONAL, INC., Plaintiff, v. MARCHESI DI BAROLO S.P.A., Defendant. , E.D.N.Y., November 9, 2009 Gary Ettelman, Suzanne Fertig, Ettelman & Hochheiser, P.C., Garden City, NY, for Plaintiff. Christopher Petelle, Larry Selander, Rachael G. Pontikes, Duane and Morris, LLP, Chicago, IL, Javier Chavez, Jr., John George Dellaportas, Duane and Morris, LLP, New York, NY, for Defendant. ORDER A. KATHLEEN TOMLINSON, United States Magistrate Judge. I. PRELIMINARY STATEMENT Plaintiff Palm Bay International, Inc. ("Plaintiff" or "Palm Bay"), a New York wine distributor, brought this action aga... UNITED STATES of America, v. Leon Lloyd JOHNSON, Defendant. , W.D.N.Y., November 9, 2009 ORDER RICHARD J. ARCARA, Chief Judge. This case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(A). On August 9, 2009, defendant filed a motion to dismiss the indictment. On October 16, 2009, Magistrate Judge Scott filed a Report and Recommendation, recommending that the motion to dismiss the indictment be granted in part and denied in part. The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and ... Frank D'ANTUONO, Petitioner, v. James CONWAY, Superintendent of Attica Correctional Facility, Respondent. , W.D.N.Y., November 9, 2009 ORDER MICHAEL A. TELESCA, District Judge. I. Introduction Pro se petitioner Frank D'Antuono ("Petitioner") has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the constitutionality of his custody pursuant to a judgment entered March 28, 2000 in New York State, County Court, Niagara County, convicting him, after a jury trial, of Robbery in the First Degree (New York Penal Law § 160.15[4] ), and two counts of Escape in the First Degree (Penal Law § 205.15[2] ). ... UNITED STATES of America, v. George L. SIMMONDS, Defendant. , N.D.N.Y., November 9, 2009 Miroslav Lovric, Office of United States Attorney, Binghamton, NY, for United States of America. Melissa A. Tuohey, Office of the Federal Public Defender - Syracuse Office Districts of Northern New York & Vermont, Syracuse, NY, for Defendant. DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. Defendant George Simmonds was indicted on three counts of making false statements to the United States Probation Office ("USPO") in violation of 18 U.S.C. § 1001(a)(3). Presently before the... Frank BIFULCO and Sam Miller, individually, and on behalf of all others similarly situated, Plaintiff, v. The MORTGAGE ZONE, INC., Alan Breecker, and Jonathan Evans, Defendants. , E.D.N.Y., November 9, 2009 Erik Harald Langeland of Erik H. Langeland, P.C., New York, NY, for plaintiff. Paul J. Solda of Law Office of Paul J. Solda, New York, NY, the defendants. MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge. Plaintiffs Frank Bifulco and Sam Miller [FN1] (hereinafter, "plaintiffs") commenced this action on behalf of themselves and others similarly situated on January 22, 2009, seeking unpaid minimum wages and overtime compensation from defendants The Mortgage Zone, Inc.; Alan Breecker... Barbara TAFUTO, Plaintiff, v. NEW YORK STATE OFFICE FOR CHILDREN AND FAMILY SERVICES, et al., Defendants. , S.D.N.Y., November 9, 2009 MEMORANDUM ORDER LAURA TAYLOR SWAIN, District Judge. Plaintiff Barbara Tafuto ("Plaintiff") brings this action pro se against the commissioner of the New York State Office for Children and Family Services ("OCFS"), the director of the New York State Central Register [FN1] ("SCR"), the director of the OCFS Yonkers Regional Office ("YRO"), Linda Bressler, Melissa Laks (collectively, "State Defendants"), Orange County Executive Edward Diana, Orange County Department of Social Services ("DSS... Yitzchok SCHWARTZ, Plaintiff, v. RESURGENT CAPITAL SERVICES, LP, Defendants. , E.D.N.Y., November 9, 2009 OPINION AND ORDER GERSHON, District Judge. Plaintiff Yitzchok Schwartz brings this putative class action alleging that defendant Resurgent Capital Services, LP, sent him a debt collection notice in violation of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692-1692p, specifically §§ 1692e and 1692g. Defendant moves for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c) or, in the alternative, for summary judgment pursuant to Fed.R.Civ.P. 56. Plaintiff has responded wit... Julie A. HARRELL, Plaintiff, v. Robert VAN DER PLAS, Cycle Publishing / Van Der Plas Publications, Defendants. , S.D.N.Y., November 9, 2009 David Atlas, Hernstadt Atlas LLP, New York, NY, for plaintiff. Philip R. Green, Law Offices of Green & Green, San Rafael, CA, for defendants. OPINION AND ORDER GERARD E. LYNCH, Circuit Judge. [FN1] FN1. The Honorable Gerard E. Lynch, United States Court of Appeals for the Second Circuit, sitting by designation. Plaintiff commenced this action on September 25, 2008, alleging that defendants Robert Van der Plas and Cycle Publishing / Van der Plas Publications violated her rights under the... AVENTIS PHARMA, Petitioner, v. WYETH, Respondent. , S.D.N.Y., November 9, 2009 Memorandum and Order DEBORAH A. BATTS, District Judge. Before the Court is a Motion by Petitioner Aventis Pharma ("Aventis") to compel Respondent Wyeth ("Wyeth") to produce certain documents pursuant to a 28 U.S.C § 1782 subpoena (the "Subpoena") issued, ex parte, in an order by the Part I U.S. District Judge on September 18, 2009. Wyeth opposes Aventis' Motion and moves to either vacate the Order, quash the Subpoena or obtain a protective order. By contract dated October 12, 2000, Aventis... Lisa SCLAFANI, Plaintiff, v. PC RICHARD & SON, Li Corp., Joe Van Glahn (Sued in his individual capacity pursuant to N.Y. Executive Law § 290 et seq.), Frank Riccardo (Sued in his individual capacity pursuant to N.Y. Executive Law § 290 et seq.), Bo, E.D.N.Y., November 9, 2009 Scott Michael Mishkin, PC, by John Nicolas Forte, Islandia, NY, for Plaintiff. Jackson Lewis LLP, Melville, NY, Kaufman Dolowich Voluck & Gonzo LLP, Woodbury, NY, for Defendants. MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge: Plaintiff Lisa Sclafani ("plaintiff" or "Sclafani") brought this action on September 10, 2007 against defendants PC Richard & Son ("PCR"), Joe Van Glahn ("Van Glahn"), Frank Riccardo ("Riccardo"), Bonni Richard ("Rondinello"), Steve Huff ("Huff"), [FN1] and ... NIPPONKOA INSURANCE COMPANY LIMITED, Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY and the Kansas City Southern Railway Company, Defendants. , S.D.N.Y., November 9, 2009 Maloof Browne & Eagan LLC, by: Thomas M. Eagan, Rye, NY, for Plaintiff. Keenan Cohen & Howard P.C., by: Paul D. Keenan, Esq., Jenkintown, PA, Gutterman & Associates, by: Barry N. Gutterman, New York, NY, for Defendants. MEMORANDUM DECISION CHIN, District Judge. This case arises out of a train derailment near Dallas, Texas on April 18, 2006. Plaintiff NipponKoa Insurance Company Limited ("NipponKoa") insured certain shipments of cargo on the derailed train. Defendants Norfolk Southern Rai... UNITED STATES of America v. Samira McDANIEL, Defendant. , S.D.N.Y., November 9, 2009 SENTENCING OPINION SWEET, District Judge. On April 29, 2009, Samira McDaniel ("McDaniel" or "Defendant") plead guilty to Access Device Fraud in violation of 18 U.S.C. § 1029. For the reasons set forth below, McDaniel will be sentenced to three years' probation with 6 months' location monitoring. McDaniel will also be required to pay restitution in the amount of $19,083 and a special assessment of $100. Prior Proceedings On April 9, 2009, Information 09-CR-356 (RWS) was filed in the Souther... Dominick I. GOLIO, Plaintiff v. CITY OF WHITE PLAINS, City of White Plains Police Department, City of White Plains Police Officers, Badge 151 Jennifer Suggs, Badge Unknown F/N/U Lopez, and Doe One Through Five, Defendants. , S.D.N.Y., November 9, 2009 OPINION AND ORDER ROBERT P. PATTERSON, JR., District Judge. On October 2, 2009, Plaintiff's counsel requested a brief reopening of discovery because they had very recently been informed that in the White Plains police station holding area, pre-fastened handcuffs were utilized to replace the arresting officer's handcuffs. Plaintiff requested leave to notice a police procedures expert, able to testify on the subject, whom they had located. The Court approved the application and ordered the expe... UNITED STATES of America, v. John Kwabena YEBOAH, Defendant. , S.D.N.Y., November 9, 2009 OPINION AND ORDER GERARD E. LYNCH, Circuit Judge. [FN1] FN1. The Honorable Gerard E. Lynch, United States Court of Appeals for the Second 1 Circuit, sitting by designation. John Kwabena Yeboah, a federal prisoner, brings this motion pursuant to 28 U.S.C. § 2255, challenging his conviction for conspiracy to import heroin into the United States, and his resulting sentence, principally to 37 months' imprisonment. Because "it plainly appears from the motion ... and the record of prior proceedin... Demario MOYE, Petitioner, v. Michael CORCORAN, Superintendent, Cayuga Correctional Facility, Respondent. , W.D.N.Y., November 9, 2009 Demario Moye, Elmira, NY, pro se. Steven Meyer, Erie County District Attorney's Office, Buffalo, NY, for Respondent. DECISION AND ORDER VICTOR E. BIANCHINI, United States Magistrate Judge. I. Introduction Pro se petitioner DeMario Moye ("Moye" or "petitioner") has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the constitutionality of his custody resulting from a judgment convicting him, following a jury trial in Erie County Court, of attempted assa... Litza D. LOPEZ, as the mother and natural Guardian of her minor son, Edwin Aleman, Plaintiff, v. BAY SHORE UNION FREE SCHOOL DISTRICT, Defendant. , E.D.N.Y., November 9, 2009 Paul L. Dashefsky, Esq., Smithtown, NY, for Plaintiffs. Cruser Mitchell & Novitz LLP, by Keith V. Tola, Esq., Rondiene Erin Novitz, Esq., of Counsel. Melville, NY, for Defendant. MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. This case arises out of the suspension and vindication of Edwin Aleman, a student at Bay Shore High School in Bay Shore, NY. Aleman was suspended from school for a year in the spring of 2008 for allegedly making certain remarks in school related to MS-13, a... Linda HARPER, Plaintiff, v. NEW YORK CITY HOUSING AUTHORITY, Defendant. , S.D.N.Y., November 6, 2009 Derek Todd Smith, Akin & Smith, LLC, New York, NY, for Plaintiff. Samuel Veytsman, New York City Housing Authority, New York, NY, for Defendant. ORDER SIDNEY H. STEIN, District Judge. Linda Harper has sued her former employer, the New York City Housing Authority ("NYCHA"), for retaliating against her after she took medical leave pursuant to the Family Medical Leave Act ("FMLA"). 28 U.S.C. § 2605 et. seq. Plaintiff also claims she was discriminated against based on her physical disability... CREDITSIGHTS, INC., Plaintiff, v. Paul CIASULLO, Defendant. , S.D.N.Y., November 6, 2009 MEMORANDUM AND ORDER MICHAEL H. DOLINGER, United States Magistrate Judge. We have received an application by defendant and counterclaim plaintiff Paul Ciasullo that seeks three forms of relief. He wants leave to depose plaintiff's trial counsel, Maria T. Galeno, Esq; he asks for reconsideration of a prior order denying production to him of certain Usage Reports; and he wants to limit his own deposition to one day of not more than ten hours, with equivalent time to be given his attorney to dep... James E. SULTON, III, Plaintiff, v. Raymond H. LAHOOD, Secretary of Transportation, Defendant. , S.D.N.Y., November 6, 2009 MEMORANDUM AND ORDER P. KEVIN CASTEL, District Judge. Presently before the Court is defendant's motion in limine with respect to a Final Agency Decision ("FAD"), dated May 10, 2007, from the Department of Transportation ("DOT") that the defendant anticipates the plaintiff will seek to offer into evidence at trial. For the reasons stated below, the defendant's motion is granted. BACKGROUND Plaintiff James Sulton III claims that the Federal Aviation Administration ("FAA") discriminated a... Rodney JOSEPH, Plaintiff, v. Brian FISCHER, Commissioner of New York State Department of Correctional Services, et al., Defendants. , W.D.N.Y., November 6, 2009 DECISION and ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION Plaintiff, Rodney Joseph, a prisoner housed at Attica Correctional Facility, has filed this action pro se seeking relief under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. § 2000cc, et seq. As directed by the Court, plaintiff has now filed a supplementary application to proceed in forma pauperis with a completed prison certification section (Docket No. 7) and has also fil... Jaime BELIGOTTI-FENTI, Plaintiff, v. PAYCHEX, INCORPORATED, Defendant. , W.D.N.Y., November 6, 2009 Christina A. Agola, Esq., Rochester, NY, for Plaintiff. Todd R. Shinaman, Esq., Nixon Peabody LLP, Rochester, NY, for Defendant. DECISION and ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION Siragusa, J. In this employment discrimination case, Plaintiff alleges violations of the Family and Medical Leave Act ("FMLA"), including retaliation. The case is now before the Court on Defendant's motion (Docket No. 12) for summary judgment. For the reasons stated below, the motion is gra... Michael C. CIESIULKA, Kristine L. Ciesiulka, Plaintiffs, v. Joseph REBOVICH, Reinhart Transportation, LLC, John Doe, Defendants. , W.D.N.Y., November 6, 2009 Shawn P. Martin, Hurwitz & Fine, P.C., Buffalo, NY, for Plaintiffs. Carlie Fitapelli, Havkins Rosenfeld Ritzert & Varriale, LLP, Mineola, NY, Hilary Renee Levine, Havkins Rosenfeld Ritzert & Varriale, LLP, New York, NY, for Defendants. Order HUGH B. SCOTT, United States Magistrate Judge. Before the Court is defendants' motion for summary judgment (Docket No. 19 [FN1]). Responses to this motion were due on or before July 30, 2009, and any reply was due by August 13, 2009, and the motion... UNITED STATES of America, v. Kenneth KASPER and Phyllis Kasper, Defendants. , W.D.N.Y., November 6, 2009 Gregory L. Brown, U.S. Attorney's Office, Buffalo, NY, for Plaintiff. Decision & Order HUGH B. SCOTT, United States Magistrate Judge. Before the Court is the defendants' joint omnibus motion seeking dismissal of the indictment and various other forms of pretrial relief (Docket No. 8). [FN1] FN1. The motion to dismiss and to disqualify the government's counsel is the subject of a separate Report & Recommendation. Background On March 11, 2009, the Grand Jury for the Western Dis... CONTINENTAL INSURANCE COMPANY, Plaintiff, v. HUFF ENTERPRISES INC., Huff Roofing, Inc., Rochdale Village, Inc., and Coastal Atlantic Associations, Inc., Defendants. , E.D.N.Y., November 6, 2009 Marian S. Hertz, Colliau Elenius Murphy Carluccio Keener & Morrow, New York, NY, for Plaintiff. MEMORANDUM & ORDER NICHOLAS G. GARAUFIS, District Judge. Plaintiff Continental Insurance Company ("Plaintiff") seeks a judicial determination that it has no contractual obligation to provide insurance coverage for Defendants. (See Complaint (Docket Entry # 1).) Defendants Huff Enterprises Inc. and Huff Roofing, Inc. (collectively, "Huff") are have been sued by Defendant Rochdale Village, Inc. ("R... Larry BROWN, Plaintiff, v. Dr. Michael F. HOGAN; Dr. Donald Sawyer; and Dr. Terri Maxymillian, Defendants. , N.D.N.Y., November 6, 2009 Larry Brown, Marcy, NY, pro se. Hon. Andrew M. Cuomo, Attorney General of the State of New York, Justin C. Levin, Esq., Asst. Attorney General, of Counsel, Albany, NY, for State Defendants. DECISION and ORDER DAVID N. HURD, District Judge. Plaintiff, Larry Brown, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation September 8, 2009, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that defendants' motion for summary judgm... CATSKILL ASSOCIATES, L.L.C., Plaintiff, v. Rita K. BENZA, Individually and as Executrix of the Estate of Augustine J. Benza, Defendant. , N.D.N.Y., November 6, 2009 DECISION and ORDER RANDOLPH F. TREECE, United States Magistrate Judge. Presently before this Court is Plaintiff's Motion to Compel Disclosure and/or Sanction, pursuant to Federal Rule of Civil Procedure 37(c). Dkt. No. 29, Pl.'s Mot. to Compel, dated Oct. 5, 2009. On October 19, 2009, the Defendant filed an Affidavit in Opposition to Plaintiff's Motion. Dkt. No. 31, Kenneth P. Whiting, III, Esq., Aff., dated Oct. 19, 2009. Citing a history of failures to timely comply with discovery demand... SOIL SOLUTIONS, INC., Plaintiff, v. SOIL SOLUTION INDUSTRIES INC., and Gregory Dicapua, Defendants. , E.D.N.Y., November 6, 2009 MEMORANDUM AND ORDER JACK B. WEINSTEIN, Senior District Judge. I. Introduction In this claim for trademark infringement and related claims, plaintiff's motion for preliminary injunction is granted and defendants' motion to dismiss is denied. II. Procedure Plaintiff Soil Solutions, Inc., is suing for trademark infringement, false designation of origin, unfair competition, trademark dilution and injury to business reputation, cybersquatting, fraudulent registration of a New York State service... Gilbert PARKER, Plaintiff v. CITY OF NEW YORK, Police Officer Matthews, Defendants. , S.D.N.Y., November 6, 2009 MEMORANDUM ORDER LAURA TAYLOR SWAIN, District Judge. Pro se Plaintiff Gilbert Parker ("Plaintiff" or "Parker") moves pursuant to Rule 60(b) of the Federal Rules of Civil Procedure to vacate the Court's February 14, 2006, endorsement and adoption of Judge Katz's Report and Recommendation ("Report") recommending that Plaintiffs civil rights action be dismissed pursuant to Federal Rules of Civil Procedure 37(d) and 41(b) for failure to appear at a scheduled deposition and failure to prosecut... CDO PLUS MASTER FUND LTD., Plaintiff, v. WACHOVIA BANK, N.A., Defendant. , S.D.N.Y., November 6, 2009 MEMORANDUM ORDER LAURA TAYLOR SWAIN, District Judge. Plaintiff CDO Plus Master Fund Ltd. ("CDO" or "Plaintiff"), an Isle of Jersey exempted corporation, [FN1] has brought the above-captioned action against defendant Wachovia Bank, N.A. ("Wachovia" or "Defendant"), a North Carolina corporation, asserting claims for fraud, mistake, breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, specific performance and conversion. Wachovia has asserted ... AIR CHINA LIMITED, Plaintiff, v. Nelson LI et al., Defendants. , S.D.N.Y., November 6, 2009 MEMORANDUM ORDER LAURA TAYLOR SWAIN, District Judge. In this action arising out of an alleged ongoing fraudulent scheme, Plaintiff Air China Limited ("Plaintiff") asserts statutory claims for violations of the Racketeer Influenced Corrupt Organization Act ("RICO"), 18 U.S.C. §§ 1961-1968, and New York General Business Law § 349. Plaintiff also asserts New York state common law claims for conversion, unjust enrichment, negligence, negligent misrepresentation, fraud in the inducement and de... Victor J. JANICKI, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.N.Y., November 6, 2009 Victor J. Janicki, Staten Island, NY, pro se. Benton J. Campbell, United States Attorney, Eastern District of New York, by: Kenneth M. Abell, Megan Turek [FN*], for Defendant. FN* Megan Turek is a student intern who was permitted to argue the case on behalf of the Commissioner. MEMORANDUM AND ORDER JOHN GLEESON, District Judge. Victor Janicki challenges the decision of the Commissioner of Social Security that he was not disabled prior to September 30, 1997, the date his insured ... Josette LANG on behalf of Dorothy MORGAN (deceased), Plaintiff, v. Michael J. ASTRUE as Commissioner of Social Security, [FN1] Defendant. FN1. Michael J. Astrue, the current Commissioner of Social Security, took office as of February 12, 200, S.D.N.Y., November 6, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION KENNETH M. KARAS, District Judge. Josette Lang ("Plaintiff") brought this action pursuant to 42 U .S.C. § 405(g) seeking judicial review of the Commissioner of Social Security's decision to deny her deceased mother, Dorothy Morgan, disability insurance benefits and supplemental security income ("SSI") payments. Following Morgan's death in 2003, the Commissioner accepted Plaintiff as a substitute party in administrative proceedings initiated by Morgan, ... Suzanne MATTHEWS, Plaintiff, v. CORNING INC., Defendant. , W.D.N.Y., November 6, 2009 DECISION & ORDER MARIAN W. PAYSON, United States Magistrate Judge. Suzanne Matthews ("Matthews") has filed a complaint pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., alleging that defendant Corning Inc. ("Corning") discriminated against her on the basis of her gender, subjected her to a hostile work environment and retaliated against her. (Docket # 50). Matthews alleges, inter alia, that she was denied management opportunities because of her sex (Docket # 5... James MURRAY, Plaintiff, v. James ESCROW, et al., Defendants. , W.D.N.Y., November 6, 2009 Order HUGH B. SCOTT, United States Magistrate Judge. Before the Court is the plaintiff's motion for an extension of time to amend the complaint and for the appointment of counsel (Docket No. 14). The motion to amend the complaint is denied. The plaintiff commenced this action on June 4, 2007. Upon initial review, the District Court determined that the complaint was deficient as to the first and second claims, but allowed the case to proceed as to the remaining claims. (Docket No. 3). T... James O. MURRAY, III, Plaintiff, v. James O'HERRON, et al., Defendants. , W.D.N.Y., November 6, 2009 ORDER HUGH B. SCOTT, United States Magistrate Judge. Before the Court is the plaintiff's motion for an extension of time to amend the complaint and for the assignment of counsel. (Docket No. 20). The motion to amend the complaint is denied. The plaintiff commenced this action on December 5, 2006. Upon initial review, the District Court allowed that two of the nine claims proceed, dismissed four claims, and provided the plaintiff with an opportunity to amend his complaint as to three ad... Schmid ALMONOR, Noah Almonor, Andrew Almonor, Plaintiffs, v. COUNTY OF QUEENS, Sgt. Garrity, Det. Ramon Munoz, Det. Joseph Defrances, Michael Hiddessen, the City of New York, New York City Police Department, Defendants. , E.D.N.Y., November 6, 2009 ORDER BLOOM, United States Magistrate Judge. Plaintiffs, a father and his two grown sons, filed this pro se action on March 25, 2008. Plaintiffs allege that defendants unlawfully arrested and imprisoned them on April 22, 2007, during an incident at their residence related to the arrest and indictment of Webster Almonor, a third brother/son who is not a plaintiff in this case. (Document 1.) Plaintiffs filed an amended complaint on May 16, 2008, (document 4), and the Court held the initial conf... Gary KINDELL, Plaintiff, v. INTERFAITH HOSPITAL AND CLINIC, Defendant. , E.D.N.Y., November 6, 2009 ORDER AND CIVIL JUDGMENT AMON, District Judge. By Memorandum and Order dated August 18, 2009, the Court directed plaintiff to file a second amended complaint. [FN1] On September 10, 2009, plaintiff filed a second amended complaint which is somewhat more comprehensible than his prior filings. FN1. This Court already concluded that plaintiff's original complaint filed on May 6, 2009 and plaintiff's amended complaint filed on July 31, 2009 were illegible and incomprehensible. This Court ... Marvin ANDERSON, Plaintiff, v. The CITY OF NEW YORK, et al., Defendants. , E.D.N.Y., November 6, 2009 ORDER VIKTOR V. POHORELSKY, United States Magistrate Judge. The plaintiff has submitted two subpoenas duces tecum--one addressed to the 112th Precinct and one to the Queens County District Attorney--seeking files concerning the plaintiff, and in particular the arrest photos of the plaintiff to reflect the injuries he suffered at the time of his arrest. [FN1] The plaintiff asks that the court "so order" the subpoenas, as it is his experience that the Police Department will only honor court-or... Martha Diane TOWNSEND, Plaintiff, v. BENJAMIN ENTERPRISES, INC., Hugh Benjamin and Michelle Benjamin, Defendants. , S.D.N.Y., November 6, 2009 MEMORANDUM DECISION AND ORDER GEORGE A. YANTHIS, United States Magistrate Judge. By Memorandum Decision and Order dated October 2, 2009, this Court granted plaintiffs motion for attorneys' fees and costs and awarded plaintiff the amount of $141,308.80, reflecting $3,246.83 in costs and $138,061.97 in attorneys' fees. In reaching its determination of the presumptively reasonable fee amount to be awarded, the Court made several specific reductions to requested time expenditures, including a red... Naisha JACKSON, Petitioner, v. GOOD SHEPHERD SERVICES, et al., Respondents. , S.D.N.Y., November 6, 2009 Sherilyn Dandridge, for Petitioner. Mark J. Monte, Richard J. Cea, Wingate Kearney & Cullen LLP, for Respondents Other than City of New York. MEMORANDUM OPINION LEWIS A. KAPLAN, District Judge. This application presents interesting questions concerning applications pursuant to Federal Civil Rule 27, which permits district courts, in appropriate circumstances, to allow the perpetuation of evidence and testimony prior to the commencement of a plenary action. Facts The Employment Dispute ... UNITED STATES of America, v. Angelo DIPIETRO, a/k/a "Fat Angelo," Defendant. , S.D.N.Y., November 6, 2009 Jennifer G. Rodgers, Assistant United States Attorney, U.S. Attorney's Office, Southern District of New York, New York, NY, for United States of America. Angelo DiPietro, USP Allenwood, White Deer, PA, pro se. OPINION & ORDER DENISE COTE, District Judge. Angelo DiPietro ("DiPietro") has filed a second motion for a new trial pursuant to Rule 33, Fed.R.Crim.P. DiPietro was one of six defendants convicted of racketeering charges, among other crimes, following a three-and-a- half-month trial... Walter WOJTCZAK, Plaintiff, v. SAFECO PROPERTY & CASUALTY INSURANCE COMPANIES, Kelly Owens, Jennifer Brodrick and Heidi Traverso, Defendants. , W.D.N.Y., November 5, 2009 Walter Wojtczak, Fairport, NY, pro se. Andrea Schillaci, Dan D. Kohane, Hurwitz & Fine, P.C., Buffalo, NY, for Defendants. DECISION AND ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION This is an action in which Plaintiff, proceeding pro se, alleges that Defendants improperly accessed his personal credit and banking information, and defamed him, after he telephoned Defendant Safeco Property & Casualty Insurance Companies ("Safeco") to obtain a quote for automobile insurance.... Stephen Scott LaVALLE, Petitioner, v. Dale ARTUS, Superintendent, Clinton Correctional Facility, Respondent. , E.D.N.Y., November 5, 2009 Richard Ware Levitt, Esq., Law Offices of Richard Ware Levitt, New York, NY, for Petitioner. Michael Miller, Esq., Suffolk County District Attorney's Office, Riverhead, NY, for Respondent. MEMORANDUM & ORDER SEYBERT, District Judge. INTRODUCTION Petitioner Stephen Scott LaValle ("LaValle" or "Petitioner") seeks a writ of habeas corpus under 28 U.S.C. § 2254. For the reasons below, LaValle's petition for a writ of habeas corpus is DENIED. BACKGROUND I. Procedural History On July 17, 1999... Reginald POINT-DU-JOUR and Rose Mirna Point-Du-Jour, Plaintiffs, v. AMERICAN AIRLINES, Defendant. , E.D.N.Y., November 5, 2009 MEMORANDUM & ORDER MATSUMOTO, District Judge. Plaintiffs Reginald and Rose Mirna Point-du-Jour ("plaintiffs") bring this negligence action to recover damages for injuries allegedly sustained while passengers on a domestic flight operated by defendant, American Airlines, Inc. ("defendant"). Plaintiffs are residents of New York and defendant is a Delaware corporation with its principal place of business in Texas. The case, originally filed in New York State Supreme Court on July 17, 2007, was r... ESQUIRE TRADE & FINANCE, INC. and Investcor LLC, Plaintiffs, v. CBQ, INC., Defendant. , S.D.N.Y., November 5, 2009 MEMORANDUM OF DECISION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW SAMUEL CONTI, District Judge. I. INTRODUCTION Plaintiffs filed this action for breach of contract on December 4, 2003. Docket No. 1 ("Compl."). Plaintiffs filed a First Amended Complaint on June 7, 2004, Docket No. 14 ("FAC"), and a Second Amended Complaint on February 24, 2005, Docket No. 24 ("SAC"). Plaintiffs Esquire Trade & Finance, Inc. and Investcor, LLC ("Plaintiffs") [FN1] allege Defendant CBQ, Inc. ("Defendant" or "CBQ... Donald WILLIAMS on behalf of D.A.W., Plaintiff, v. Michael V. ASTRUE, Commissioner of Social Security, Defendant. , S.D.N.Y., November 5, 2009 MEMORANDUM & ORDER SAND, District Judge. Plaintiff Donald Williams, on behalf of his son D.A.W., commenced this action pro se against Defendant Michael V. Astrue, the Commissioner of Social Security, (the "Commissioner") seeking review of the Commissioner's finding that Plaintiffs son was not disabled as of September 1, 2005. On January 30, 2004, when D.A.W. was twelve years old, Plaintiff applied for supplemental security income ("SSI") benefits. The application was denied. Plaintiff request... GMA ACCESSORIES, INC., Plaintiff, v. BOP, LLC, et al., Defendants. , S.D.N.Y., November 5, 2009 MEMORANDUM AND ORDER P. KEVIN CASTEL, District Judge. On August 24, 2009, this Court issued a Memorandum and Order denying plaintiff GMA Accessories, Inc.'s motion for a default judgment against, among others, defendant Electric Wonderland, Inc. ("Electric Wonderland"), and granting Electric Wonderland's motion to vacate the entry of default against it. GMA Accessories, Inc. v. BOP, LLC, No. 07 Civ. 3219(PKC)(DCF), 2009 WL 2634771 (S.D.N.Y. Aug. 25, 2009) (the "Memorandum & Order"). The Court... Willie ALEXANDER, Plaintiff, v. Dr. GALENO, Dr. Perilli, and Superintendent L. Marshall, Defendants. , S.D.N.Y., November 5, 2009 DECISION & ORDER RICHARD M. BERMAN, District Judge. I. Introduction On or about October 31, 2007, pro se plaintiff Willie Alexander ("Plaintiff"), an inmate at Sing Sing Correctional Facility ("Sing Sing") in Ossining, New York, filed a complaint ("Complaint") pursuant to 42 U.S.C. § 1983 ("Section 1983") against Dr. John Galeno ("Dr.Galeno") and Dr. John Perilli ("Dr.Perilli") (collectively, "Defendants") in their official and individual capacities. Plaintiff alleges, among other things, th... Edward BANYAI and Judith A. Zinn, on behalf of themselves and a class of similarly situated individuals, Plaintiffs, v. Jay MAZUR, Ronald Alman, Edgar Romney, the International Ladies' Garment Workers' Union, the ILGWU Death Benefit Fund, and the 2, S.D.N.Y., November 5, 2009 MEMORANDUM ORDER SIDNEY H. STEIN, District Judge. I. BACKGROUND The parties to this class action entered into a final settlement agreement on September 26, 2003, as amended on January 12, 2004, resolving competing claims to the assets of the ILGWU Death Benefit Fund's predecessor fund as to all parties except the 21st Century ILGWU Heritage Fund (the "Final Settlement Agreement"). In March 2007, this Court approved the Final Settlement Agreement as fair, reasonable, and adequate, over the obj... UNITED STATES of America, Plaintiff, v. Tryn PARKER, Defendant. , W.D.N.Y., November 5, 2009 DECISION AND ORDER DAVID G. LARIMER, District Judge. This Court referred all pretrial matters to United States Magistrate Judge Marian W. Payson pursuant to 28 U.S.C. § 636(b). Defendant is represented by counsel and counsel filed pretrial motions. Defendant himself also filed some pro se motions. After conducting proceedings, Magistrate Judge Payson issued a Report and Recommendation (Dkt.# 51) on October 21, 2009, recommending that the motions to dismiss the indictment and to suppress ident... UNITED STATES of America, Plaintiff, v. Rodney RODRIGUEZ-LOPEZ, Defendant. , W.D.N.Y., November 5, 2009 DECISION AND ORDER DAVID G. LARIMER, District Judge. Defendant, Rodney Rodriguez-Lopez ("Rodriguez-Lopez"), has filed a petition, pro se, seeking to vacate the judgment in this case, pursuant to 28 U.S.C. § 2255. The motion is denied and the petition is, in all respects, dismissed. Rodriguez-Lopez, represented by experienced counsel, pleaded guilty on February 23, 2007, pursuant to a written plea agreement. He pleaded to only Counts 4 and 8 of the Fourth Superseding Indictment in satisfact... MICHAEL VAUGHN, Plaintiff, v. MICHAEL WEINIG, INC., Defendant-Third-party Plaintiff, Terminal Millwork, Inc., Third-party Defendant. , N.D.N.Y., November 5, 2009 Michael Vaughn, Troy, NY, pro se. Wilson Elser, Moskowitz, Edelman & Dicker LLP, Theresa B. Marangas, Esq., Benjamin F. Neidl, Esq., of Counsel, Albany, NY, for Defendant. O'Connor, O'Connor, Bresee & First, P.C., Terence P. O'Connor, Esq., of Counsel, Albany, NY, for Third-party Defendant. Wilson, Elser Law Firm, Theresa B. Marangas, Esq., Benjamin F. Neidl, Esq., of Counsel, Albany, NY, for Defendant/Third-Party Plaintiff. O'Connor, O'Connor Law Firm, Terence P. O'Connor, Esq., of ... Stanley A. GEIST, Plaintiff, v. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, Defendant. , W.D.N.Y., November 5, 2009 Christen Archer Pierrot, Chiacchia & Fleming, LLP, Hamburg, NY, William A. Gersten, Law Offices of James Morris, Buffalo, NY, for Plaintiff. R. Scott Deluca, Schrader, Israely, Deluca & Waters LLP, Williamsville, NY, for Defendant. ORDER RICHARD J. ARCARA, Chief Judge. This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1). On December 21, 2007, defendant filed a motion for summary judgment. On February 8, 2008, plaintiff filed a motio... Steven MACKENZIE, Petitioner, v. Louis MARSHALL, Superintendent Sing Sing Correctional Facility, Respondent. , E.D.N.Y., November 5, 2009 Steven Mackenzie, Stormville, NY, pro se. Andrew Fukuda, Nassau County Attorney's Office, Mineola, NY, for Respondent. OPINION & ORDER FEUERSTEIN, District Judge. On June 7, 2002, a judgment of conviction was entered against Steven Mackenzie ("petitioner") in the County Court of the State of New York, County of Nassau (Wexner, J.), upon his plea of guilty to one (1) count of attempted burglary in the second degree and imposition of sentence. On October 24, 2007, petitioner filed a pe... Conceptualization GIBBS, Plaintiff, v. C.O. Thomas WICHTOWSKI, et al., Defendants. , W.D.N.Y., November 5, 2009 Conceptualization Gibbs, Alden, NY, pro se. Darren Longo, NYS Attorney General's Office, Stephen F. Gawlik, Empire State Development Corporation, Buffalo, NY, for Defendants. DECISION AND ORDER H. KENNETH SCHROEDER, JR., United States Magistrate Judge. Pursuant to 28 U.S.C. § 636(c), the parties have consented to have the undersigned conduct any and all further proceedings in this case, including entry of final judgment. Dkt. # 28. Plaintiff filed this pro se action on or about Septem... Katherine A. ECKERT, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.N.Y., November 5, 2009 Dennis C. Gaughan, Hamburg, NY, for Plaintiff. Jane B. Wolfe, U.S. Attorney's Office, Buffalo, NY, for Defendant. DECISION and ORDER MICHAEL A. TELESCA, District Judge. Introduction Plaintiff Katherine A. Eckert ("Plaintiff") brings this action pursuant to the Social Security Act, 42 U.S.C. §§ 405(g) and 1383(c) (3), seeking review of the final decision of the Commissioner of Social Security ("Commissioner"), denying her application for Disability Insurance Benefits. [FN1] Specifically, ... Mark LABREW, Plaintiff, v. The CITY OF NEW YORK, Sgt. Daniel Sbarra, Police Officers Jorge Ulloa, Michael Petitto, Gregory Larsen, Fawad Khan, John A. Kealy, Frank Galati, and Detective James Delumen, Defendants. , S.D.N.Y., November 5, 2009 MEMORANDUM AND ORDER DOUGLAS F. EATON, United States Magistrate Judge. 1. I have reviewed the 10/28/09 joint letter, and its Exhibits A, B, and C, and the following pages from the 10/9/09 deposition of Police Officer Raymond Williams: Tr. 1-15, 25-31, 39-41, and 44-50. 2. Officer Williams testified as follows. On September 7, 2006, he worked a tour of duty from 4:00 to 12:00. Somewhere in the middle of that tour, he came off of patrol and was assigned to guard the cells at the 81st Precinc... Mark LABREW, Plaintiff, v. The CITY OF NEW YORK, Sgt. Daniel Sbarra, Police Officers Jorge Ulloa, Michael Petitto, Gregory Larsen, Fawad Khan, John A. Kealy, Frank Galati, and Detective James Delumen, Defendants. , S.D.N.Y., November 5, 2009 MEMORANDUM AND ORDER DOUGLAS F. EATON, United States Magistrate Judge. I hereby correct Paragraph 6 of my 11/4/09 Memorandum and Order. I now realize that I had forgotten Mr. Giordano's 9/17/09 letter to me. December 15, 2009 is the deadline for the defendants to submit a letter to Judge Batts requesting a pre-motion conference. December 29, 2009 is the deadline for plaintiff to submit a responsive letter to Judge Batts. Christopher Shawn YOUNG, Plaintiff, v. Dr. Alan SMITH, Dr. Gerald Coniglio, Defendants. , W.D.N.Y., November 5, 2009 Christopher Young, Attica, NY, pro se. Gary M. Levine, New York State Office of the Attorney General, Rochester, NY, for Defendants. DECISION AND ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION This is an action pursuant to 42 U.S.C. § 1983 ("Section 1983") in which Christopher Young ("Plaintiff"), a prison inmate confined at Attica Correctional Facility ("Attica"), claims that Dr. Alan Smith and Dr. Gerald Coniglio ("Defendants") violated his Eighth Amendment rights by den... Marc ST. PAUL, Petitioner, v. Israel RIVERA, Superintendent, Coxsackie Correctional Facility, Respondent. , W.D.N.Y., November 5, 2009 Marc St. Paul, Jamica, NY, pro se. Alyson J. Gill, Office of New York State Attorney General, New York, NY, for Respondent. DECISION AND ORDER MICHAEL A. TELESCA, District Judge. I. INTRODUCTION Petitioner, Marc St. Paul ("Petitioner" or "St. Paul"), timely filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the constitutionality of his custody. Petitioner was convicted, following a jury trial, on November 25, 2002, in New York Supreme Court, Chemung Cou... Robert HILLMAN, Plaintiff, v. BANK OF AMERICA CORPORATION and Banc of America Securites LLC, Defendants. , S.D.N.Y., November 5, 2009 MEMORANDUM AND ORDER P. KEVIN CASTEL, District Judge. Defendants Bank of America Corporation ("B of A Corp.") and Banc of America Securities, LLC ("B of A Securities") move under Rule 12(b)(3), Fed.R.Civ.P., to transfer this action to the United States District Court for the Western District of North Carolina. For the reasons explained, the motion is denied but may be renewed after certain limited discovery. The action is brought by Robert Hillman, a 46 year old African American who br... Andrew VOLPE, Plaintiff, v. Police Officer Heather JOHNSON of Parole, Detective Peeken of the Fifth Precinct, Postal Inspector Guilipi [sic] of the Postal System, New York State Parole, Police Officer Johnson, Police Officer Henderson, Police Offic, E.D.N.Y., November 5, 2009 MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge. Presently before the Court are the five complaints, consolidated under case number 09-cv2065, of Andrew Volpe, plaintiff pro se ("plaintiff"). Based upon its review of plaintiff's somewhat illegible submissions, the Court has surmised the following: Plaintiff filed a complaint in this Court on April 30, 2009, against "Police Officer Heather Johnson of Parole," "Detective Peeken of the Fifth Precinct," and "Postal Inspector Gulipi of the P... Alvin FULTON, Jr., Petitioner, v. Gary GREENE, Acting Supt. of Great Meadow Correctional Facility, Respondent. , W.D.N.Y., November 5, 2009 ORDER MICHAEL A. TELESCA, District Judge. I. Introduction Petitioner Alvin Fulton, Jr., a/k/a Shaik S. Muqtadir, ("Fulton" or "petitioner") filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction in Monroe County Court of one count of Course of Sexual Conduct Against a Child (N.Y. Penal Law § 130.75(a)). Following a jury trial before Judge Patricia Marks, Fulton was sentenced as a second felony offender to a determinate term of imprisonm... TATTOOS BY DESIGN, INC. d/b/a Hardcore Tattoo and Nichole K. Hudson, Plaintiffs, v. Mark KOWALSKI, Hans Kullerkupp, and County of Erie, Defendants. , W.D.N.Y., November 5, 2009 DECISION AND ORDER RICHARD J. ARCARA, Chief Judge. INTRODUCTION Defendants Mark Kowalski, Hans Kullerkupp, and the County of Erie have made a motion to dismiss this defamation case pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. In short, defendants contend that absolute privilege precludes plaintiffs' claims in this case, and that plaintiffs have not articulated any claims that are subject to remedies under 42 U.S.C. § 1983. The Court held oral argument on October 27, 2009.... UNITED STATES of America, v. Michael McMILLAN, Defendant. , E.D.N.Y., November 5, 2009 Statement of Reasons Pursuant to 18 U.S.C. § 3553(c)(2) JACK B. WEINSTEIN, Senior District Judge. This statement is issued pursuant to the order of the Court of Appeals for the Second Circuit filed October 22, 2009. Under 18 U.S.C. § 3553(c), a sentencing court must "state in open court the reasons for its imposition of the particular sentence ." 18 U.S.C. § 3553(c). If, however, the sentence is not of the kind or is outside the range of the sentencing guidelines as referred to in 18 U.S.C... Demark DIXON, Petitioner, v. UNITED STATES of America, Respondent. , E.D.N.Y., November 5, 2009 DeMark Dixon, Otisville, NY, pro se. Stephen King, Esq., United States Attorney's Office, EDNY, Central Islip, NY, for Respondent. MEMORANDUM & ORDER SEYBERT, District Judge. On June 9, 2004, this Court denied Petitioner DeMark Dixon's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. On September 12, 2005, the Second Circuit Court of Appeals dismissed Petitioner's appeal of the June 2004 Order because Petitioner failed to demonstrate the denial of a constitutional ri... Joel ROSS, Eric Levine, and Jerde Development Company, Plaintiffs, v. Stanley E. THOMAS and S. Thomas Enterprises of Sacramento, LLC, Defendants. , S.D.N.Y., November 5, 2009 Gerald Padian, Esq., Tashjian & Padian, New York, NY, for Plaintiffs. Edward R. Gallion, Esq., Steven Spielvogel, Esq., Gallion & Spielvogel LLP, New York, NY, for Defendants. OPINION AND ORDER SHIRA A. SCHEINDLIN, District Judge. I. INTRODUCTION Joel Ross, Eric Levine, and Jerde Development Company are suing Stanley E. Thomas and S. Thomas Enterprises of Sacramento, LLC ("Enterprises"), alleging breach of contract against both defendants and breach of guarantee against Thomas. Plaintiff... Joshua GOODWIN, Petitioner, v. George DUNCAN, Superintendent, Respondent. , W.D.N.Y., November 5, 2009 Joshua Goodwin, Pine City, NY, pro se. Loretta S. Courtney, Monroe County District Attorney's Office, Rochester, NY, for Respondent. ORDER RICHARD J. ARCARA, Chief Judge. The above-referenced case was referred to Magistrate Judge Victor E. Bianchini, pursuant to 28 U.S.C. § 636(b)(1). On August 11, 2009, Magistrate Judge Bianchini filed a Report and Recommendation, recommending that petitioner's request for a writ of habeas corpus be denied and the petition be dismissed. The Court... Karen M. MOE, Plaintiff, v. UNITED STATES of America, Defendant. , W.D.N.Y., November 5, 2009 Paul William Beltz, P.C., Stephen R. Foley, of Counsel, Buffalo, NY, for Plaintiff. Kathleen M. Mehltretter, Acting United States Attorney, Mary K. Roach, Assistant United States Attorney, of Counsel, Buffalo, NY, for Defendant. ORDER RICHARD J. ARCARA, Chief Judge. The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 14, 2009, Magistrate Judge Foschio filed a Report and Recommendation, recommending that plai... MEDTECH PRODUCTS INC., Plaintiff, v. RANIR, LLC and CVS Pharmacy, Inc., Defendants. Medtech Products Inc., Plaintiff, v. Dentek Oral Care, Inc., Kelly M. Kaplan, Ray Duane, and C.D.S. Associates, Inc., Defendants. Medtech Products Inc., Plainti, S.D.N.Y., November 5, 2009 Amy Suzanne Manning, Esq., Karl Geercken, Esq., Alston & Bird, LLP, New York, NY, for Plaintiff. Carl M. Davis, II, Esq., Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Atlanta, GA, for Plaintiff. W. Edward Ramage, Esq., Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Nashville, TN, for Plaintiff. Clinton P. Sanko, Esq., John M. Phillips, Esq., Micheline Kelly Johnson, Esq., Thomas O. Helton, Esq., Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Chattanooga, TN, for Plaintiff. ... Racky RAMCHAIR, Petitioner, v. James CONWAY, Superintendent, Attica Correctional Facility, Respondent. , E.D.N.Y., November 5, 2009 Frank Handelman, New York, NY, for Petitioner. Andrew Cuomo, Attorney General, State of New York, by: Roseann B. MacKechnie, Deputy Solicitor General, Alyson Gill, Assistant Attorney General, New York, NY, for Respondent. MEMORANDUM AND ORDER JOHN GLEESON, District Judge. BACKGROUND Racky Ramchair seeks habeas relief from his robbery convictions in state court. His petition has so far produced a decision of this Court, Ramchair v. Conway, 2005 U.S. Dist LEXIS 25852 (E.D.N.Y. Oct. 6, 20... Patrick TRACY, et al., on behalf of themselves and all other employees similarly situated, Plaintiff, v. NVR, INC., Defendant. , W.D.N.Y., November 5, 2009 J. Nelson Thomas, Thomas & Solomon LLP, Rochester, NY, for Plaintiff. Lorie E. Almon, Devjani Mishra, Richard L. Alfred, Seyfarth Shaw LLP, New York, NY, Barry J. Miller, Seyfarth Shaw, Boston, MA, William G. Bauer, Woods Oviatt Gilman LLP, Rochester, NY, for Defendant. DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiff Patrick Tracy ("Tracy"), brings this collective action pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., and the New York Labor ... FUJI PHOTO FILM U.S.A., INC., Plaintiff, v. Scott F. McNULTY, Lori S. McNULTY, a/k/a Lori Straub, Michael C. Connell, Frank Franze, Dwain K. Taylor, ADK America, Inc., AWOL, Essential Communications & Ink LLC, Revolutionary Graphics, Inc., and the , S.D.N.Y., November 4, 2009 Joanna Andrea Diakos, Esq., Sarah Peck Kenney, Esq., David Scott Versfelt, Esq., K & L Gates LLP, New York, NY, for Plaintiff Fuji Photo Film U.S.A., Inc. Sheldon Eisenberger, Esq., The Law Office of Sheldon Eisenberger, New York, NY, for Defendant Scott McNulty. Gordon Mehler, Esq., Law Offices of Gordon Mehler, P.L.L.C., New York, NY, for Defendants Lori McNulty, AWOL, and Revolutionary Graphics, Inc. David Lawrence Blank, Esq., Schwartz Simon Edelstein Celso & Kessler LLP, Florham Pa... VORNADO REALTY TRUST, et al., Plaintiffs, v. MARUBENI SUSTAINABLE ENERGY, INC. a/k/a DG Energy Solutions LLC, et al., Defendants. , E.D.N.Y., November 4, 2009 Andrew J. Perel, Daniel Rocco Lavoie, Steptoe & Johnson LLP, New York, NY, George R. Calhoun, Steptoe & Johnson LLP, Washington, DC, for Plaintiffs. Keara A. Bergin, Stephen M. Kramarsky, Dewey Pegno & Kramarsky LLP, George H. Buermann, Mound Cotton Wollan & Greengrass, New York, NY, Greg Trif, McElroy Deutsch Mulvaney & Carpenter LLP, Morristown, NJ, Keith Robert Hemming, McElroy Deutsch Mulvaney & Carpenter LLP, Newark, NJ, Dennis M. Duggan , Nixon Peabody LLP, Boston, MA, Barbara A. Luk... Robert MICKENS, Petitioner, v. Superintendent, William BROWN, Respondent. , E.D.N.Y., November 4, 2009 Robert Mickens, Napanoch, NY, pro se. Thomas J. Spota, Esq., District Attorney of Suffolk County, by: ADA Michael Herman Blakey, Esq., Riverhead, NY, for Respondent. MEMORANDUM & DECISION SEYBERT, District Judge. Petitioner Robert Mickens seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Mr. Mickens has also moved to compel discovery and for an evidentiary hearing. For the foregoing reasons, Mr. Mickens' petition is DENIED and his other pending motions are DENIED AS MOOT. BA... King Justice ALLAH EL, Petitioner, v. DISTRICT ATTORNEY FOR BRONX COUNTY, District Attorney For Kings County, NEw York City Police Department, Sobro Local Development Corporation, New York CIty Department Of Corrections (Warden Robert Cripps), Resp, S.D.N.Y., November 4, 2009 MEMORANDUM DECISION AND ORDER GEORGE B. DANIELS, District Judge. Arrestee, King Justice Allah El, petitioned this Court for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, seeking his immediate release from state custody on sovereign immunity grounds. Purportedly by Order to Show Cause, pro se petitioner is also seeking, inter alia, a permanent injunction barring the New York City Police Department from arresting him, and an award of monetary damages in excess of $18 million dollars fr... Esmeraldo CIRIACO, Petitioner, v. UNITED STATES of America, Respondent. , S.D.N.Y., November 4, 2009 MEMORANDUM AND ORDER McKENNA, District Judge. 1. The above petitioner was convicted, after a jury trial, of conspiring to distribute and to possess with intent to distribute one kilogram and more of heroin and five kilograms and more of cocaine, in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1) (A), and 846. He was sentenced on June 25, 2003, principally to 240 months of imprisonment and 120 months of supervised release. (The government having filed a prior felony information, see id. § 8... Louis MARTINA, Petitioner, v. David A. ROCK, Defendant. , W.D.N.Y., November 4, 2009 DECISION and ORDER MARIAN W. PAYSON, United States Magistrate Judge. Before the Court is petitioner's pro se motion (Docket No. 11) to stay his petition in order to permit him to return to state court to exhaust his remedies regarding certain claims which are presently unexhausted. Because the petition at issue herein is a mixed habeas petition containing both exhausted and unexhausted claims, the Court may not grant it. 28 U.S.C. § 2254(b)(2). However, if the Court were to dismiss the... Linda A. SWIGONSKI, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.N.Y., November 4, 2009 DECISION and ORDER MICHAEL A. TELESCA, District Judge. INTRODUCTION Plaintiff Linda A. Swigonski ("Plaintiff") brings this action pursuant to section 405(g) of the Social Security Act ("Act"), 42 U.S.C. § 405(g), to review the final determination of the Commissioner of Social Security ("Commissioner") denying her application for Supplemental Security Income benefits ("SSI"). [FN1] Specifically, Plaintiff alleges that the decision of Administrative Law Judge ("ALJ"), Bruce R. Mazzarella, denyin... Ronnie COLE, Plaintiff, v. Brian FISCHER, et al., Defendants. , W.D.N.Y., November 4, 2009 Ronnie Cole, Rome, NY, pro se. Delia Dianna Cadle, NYS Attorney General's Office, Buffalo, NY, for Defendants. Order HUGH B. SCOTT, United States Magistrate Judge. Before the Court is plaintiff's motion for summary judgment (Docket No. 44 [FN1]), essentially for partial summary judgment as to one claim. Responses to this motion initially were due by May 15, 2009, and replies were due by May 25, 2009 (Docket No. 45), but this schedule was extended with responses due May 20, 2009, and any... Nancy E. SOTACK, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.N.Y., November 4, 2009 DECISION and ORDER MICHAEL A. TELESCA, District Judge. Introduction Plaintiff Nancy E. Sotack ("Plaintiff") brings this action pursuant to the Social Security Act, 42 U.S.C. §§ 405(g) and 1383(c), seeking review of the final decision of the Commissioner of Social Security ("Commissioner"), denying her application for Disability Insurance Benefits. [FN1] Specifically, Plaintiff alleges that the decision of the Administrative Law Judge ("ALJ") Alfred J. Costanzo, denying her application for bene... Roger DENNIS, Petitioner, v. The People of the State of NEW YORK, Respondent. , E.D.N.Y., November 4, 2009 ORDER TOWNES, District Judge. On October 19, 2009, Roger Dennis, ("petitioner") proceeding pro se, filed the instant action which he entitles an "amended motion." A review of the motion reveals that petitioner seeks to vacate his April 22, 1999, Kings County conviction, due to his attorney's failure to inform him of the deportation consequences of a guilty plea. Accordingly, the proper jurisdictional basis for the instant application is 28 U.S.C. § 2254. BACKGROUND Prior History with this C... Jonathan TOBEY, on behalf of himself and all similarly situated persons, Plaintiffs, v. NATIONAL ACTION FINANCIAL SERVICES, INC., Defendant. , E.D.N.Y., November 4, 2009 Brian L. Bromberg, Esq., Bromberg Law Office, P.C., New York, NY, for Plaintiff's. Andrew J. Wells, Esq., John G. Schmidt, Jr., Esq., Phillips Lytle LLP, Buffalo, NY, for Defendant's. OPINION AND ORDER ROSS, District Judge. Defendant National Action Financial Services, Inc. ("defendant") moves to transfer this action to the Western District of New York. Plaintiff Jonathan Tobey ("plaintiff") cross-moves to transfer this action to the Eastern District of Virginia. For the following reason... Bob MEADOWS, Plaintiff, v. PLANET AID, INC., et al., Defendants. , E.D.N.Y., November 4, 2009 MEMORANDUM and ORDER TOWNES, District Judge. [FN1] FN1. The Court gratefully acknowledges the assistance of J. Ricciardiello in the preparation of this Memorandum and Order. Pro se plaintiff, Bob Meadows ("Plaintiff"), a former employee of Planet Aid, Inc. ("Planet Aid"), supervised by Rodney Carter ("Carter") and Jostein Pedersen ("Pederson") (collectively, with Planet Aid, the "Defendants"), brings this action pursuant to 28 U .S.C. § 1331, alleging, inter alia, age and race discrimina... Lomar RIDDLES, Plaintiff, v. SALLIE MAE; Roxanne Rembis, Customer Advocate; HSBC Bank; Thomas M. Kimble, Vice President; and JP Morgan Chase, Defendants. , E.D.N.Y., November 4, 2009 MEMORANDUM AND ORDER GERSHON, District Judge. Pro se plaintiff LoMar Riddles brings the above-captioned civil action against three financial institutions and some of their officers. Defendant HSBC bank moved to dismiss. Plaintiff's request to proceed in forma pauperis is granted for the limited purpose of this Order, but for the reasons set forth below, the motion to dismiss is granted. BACKGROUND The Complaint is labeled as a Petition pursuant to New York Civil Procedure Article 78. Plaint... BOARD OF TRUSTEES OF the LOCAL 295/LOCAL 851--I.B.T. EMPLOYER GROUP PENSION TRUST FUND, Plaintiff, v. EMPIRE FREIGHT SYSTEMS CORP., Defendant. , S.D.N.Y., November 4, 2009 MEMORANDUM DECISION AND ORDER GEORGE B. DANIELS, District Judge. Plaintiff bring this action pursuant to Sections 4201 through 4255 and 4301 of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. ¶¶ 1381-1405, 1451 seeking to compel Defendant Empire Freight Systems Corp. to pay the withdrawing liability arising out of its complete withdrawal from a multi-employer pension plan ("Plan"). The Fund also seeks to recover interest, liquidated damages, costs, and attorneys' fees... Alphonse WILLIAMS, Plaintiff, v. KRISTAL CADILLAC; President/Owner Kristal Cadillac Lilaahar (Sammy) Bical, Financial Manager, Wrenroy Smith; Sale Consultant, William (Bill) Hairston; Gmac Financial Institution, Defendants. , E.D.N.Y., November 4, 2009 MEMORANDUM AND ORDER ROSS, District Judge. On July 1, 2009, plaintiff Alphonse Williams, appearing pro se, filed this action against defendants alleging that defendants engaged in unfair business practices in connection with a contract to purchase a vehicle on May 1, 2005. Plaintiff paid the statutory filing fee to commence this action. The complaint is dismissed for lack of subject matter jurisdiction as set forth below. Procedural History By order dated July 23, 2009, the court denied pla... Lori TAYLOR, Plaintiff, v. JOHNSON & JOHNSON, Johnson & Johnson Pharmaceutical Research & Development, L.L.C, and Ortho-McNeil Janssen Pharmaceutical, Inc., Defendants. , E.D.N.Y., November 4, 2009 MEMORANDUM DECISION ORDER COGAN, District Judge. By Order to Show Cause entered October 23, 2009, this Court directed plaintiff to show cause why this action should not be dismissed for lack of subject matter jurisdiction. The problem pointed out in the Order to Show Cause was that plaintiff has sued a limited liability company, Johnson & Johnson Pharmaceutical Research and Development, L.L.C. ("RD LLC"), but the complaint treats it as a corporation to determine its citizenship for purposes o... Jose Luis MOLINA, pro se, Plaintiff, v. WHITNEY MUSEUM OF ART and Equal Employment Opportunity Commission, Defendants. , E.D.N.Y., November 4, 2009 SUMMARY ORDER DORA L. IRIZARRY, District Judge. On June 24, 2009, pro se plaintiff, Jose L. Molina, brought a personal injury claim against the Whitney Museum of Art ("the Whitney") and the Equal Employment Opportunity Commission ("EEOC") in Kings County Supreme Court, seeking monetary relief for New York state common law claims. On September 11, 2009, the EEOC removed the complaint to this court pursuant to 28 U.S.C. § 1442(a)(1) and 2675 et seq., on the ground that the action alleges neglig... James C. DEFRANCESCO, Plaintiff, v. Debra J. GILHAM, Deputy Sheriff, Albany County Sheriff's Department; Erin Hughes, Officer of the Saratoga County Child Protective Services Office; James Campbell, Albany County Sheriff; and Saratoga County, Defen, N.D.N.Y., November 4, 2009 James C. Defrancesco, East Greenbush, NY, pro se [FN1]. FN1. Plaintiff filed his motion pro se. On October 21, 2009, attorney Todd S. Engel filed a Notice of Appearance on Plaintiff's behalf. See Dkt. No. 84. Office Of Robert P. Roche, Robert P. Roche, Esq., of Counsel, Albany, NY, for Defendants Debra J. Gilham and James Campbell. Fitzgerald, Morris, Baker, Firth, PC, Martin A. Cohen, Esq., of Counsel, Glens Falls, NY, for Defendants Erin Hughes and The County of Saratoga, New Y... Talib ALSAIFULLAH, Plaintiff, v. Judge william CARTER, Defendant. , N.D.N.Y., November 4, 2009 Talib Alsaifullah, pro se. Hon. Andrew M. Cuomo, Senta B. Suida, Esq., Assistant Attorney General, Syracuse, NY, for the State of New York. MEMORANDUM-DECISION AND ORDER Hon. NORMAN A. MORDUE, Chief Judge. Plaintiff pro se moves (Dkt. No. 35) for reconsideration of this Court's Memorandum-Decision and Order (Dkt. No. 34) denying as untimely his motion (Dkt. No. 28) to reopen the time to file a Notice of Appeal and denying as moot his motion (Dkt. No. 32) for leave to appeal in forma paup... Alexander WEBB for Marvin T. Patrick (Deceased), Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , N.D.N.Y., November 4, 2009 Alexander Webb, Brushton, NY, pro se. Hon. Andrew T. Baxter United States Attorney, John M. Kelly, Esq., Special Ass't U.S. Attorney, of Counsel, Syracuse, NY, Office of the General Counsel, Mary Ann Sloan, Esq., Acting Chief Counsel, of Counsel, New York, NY, for Defendant. DECISION and ORDER THOMAS J. McAVOY, District Judge. This matter brought pursuant to 42 U.S.C. § 405(g) was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report- Recommendation pursuant... In re INITIAL PUBLIC OFFERING SECURITIES LITIGATION. , S.D.N.Y., November 4, 2009 Stanley D. Bernstein, Esq., Rebecca M. Katz, Esq., Christian Siebott, Esq., Bernstein Liebhard LLP, Robert A. Wallner, Esq., Ariana J. Tadler, Esq., Peter G.A. Safirstein, Esq., Neil Fraser, Esq., Milberg LLP, New York, NY, David Kessler, Esq., Barroway Topaz Kessler Meltzer & Check LLP, Radnor, PA, Jules Brody, Esq., Stull, Stull & Brody LLP, Howard B. Sirota, Esq. , Sirota & Sirota LLP, Fred Taylor Isquith, Esq., Thomas H. Burt, Esq., Wolf Haldenstein Adler Freeman & Herz LLP, New York, NY, ... UNITED STATES of America, v. Jairo Gabriel MONTOYA HERNANDEZ, Defendant. , S.D.N.Y., November 4, 2009 MEMORANDUM ORDER JED S. RAKOFF, District Judge. Upon consideration of the evidence submitted at the "Fatico" hearing held before the Court on September 23, 2009, and the pre- and post-hearing submissions by the parties, the Court finds that Jairo Gabriel Montoya Hernandez was an "organizer or leader" of criminal activity under Section 3B1.1(a) of the U.S. Sentencing Guidelines (the "Guidelines"), and is not eligible for "safety valve" relief pursuant to 18 U.S.C. § 3553(f) and Section 5C1.2 o... UNITED STATES of America v. Arkady ISRAILOV, et al., Defendant. , S.D.N.Y., November 4, 2009 OPINION & ORDER Hon. HAROLD BAER, JR., District Judge. Defendant Arkady Israilov ("Israilov" or "Defendant") was arrested, along with a number of co-defendants, and charged in a seven-count federal indictment for conspiracy, robbery, extortion, and sale of stolen goods. The government alleges, among other things, that between 2002 and 2008, the co- defendants committed various acts of armed robbery, extorted individuals by threat and force, and attempted to hijack a federal express truck. Mr.... Shawn WILKINS, Petitioner, v. Robert A. KIRKPATRICK, Respondent. , S.D.N.Y., November 4, 2009 MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION STEPHEN C. ROBINSON, District Judge. Shawn Wilkins ("Petitioner"), proceeding pro se, filed this petition for a writ of habeas corpus pursuant to the Antiterrorism and Effective Death Penalty Act ("AEDPA"), 28 U.S.C. § 2254, challenging his convictions for Assault in the First Degree and for Criminal Possession of a Weapon in the Fourth Degree. Petitioner was convicted of these crimes on June 12, 2001. The Appellate Division, Second Departme... Harold H. MABEE, Jr., Petitioner, v. William PHILLIPS, Superintendent, Green Haven Correctional Facility, Respondent. , S.D.N.Y., November 4, 2009 MEMORANDUM ORDER ADOPTING REPORT & RECOMMENDATION STEPHEN C. ROBINSON, District Judge. Harold Mabee, proceeding pro se, has filed a petition under 28 U.S.C. § 2254 seeking a writ of habeas corpus. Mr. Mabee was convicted of murder in the second degree, seeN.Y. PENAL LAW § 125.25 subd. 2 (depraved indifference to human life), manslaughter in the second degree, seeN.Y. PENAL LAW § 125.15, criminal possession of a weapon in the third degree, seeN.Y. PENAL LAW § 265.02, and reckless endangerment ... Stanley JACKSON, Petitioner, v. William PHILLIPS, Superintendent, Greenhaven Correctional Facility, Respondent. , S.D.N.Y., November 4, 2009 MEMORANDUM OPINION & ORDER DENISE COTE, District Judge. On September 10, 2003, Stanley Jackson ("Jackson") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his conviction at trial in 1998. In an Opinion and Order dated October 11, 2006, Jackson v. Phillips, No. 03 Civ. 6987(DLC), 2006 WL 2930202 (S.D.N.Y. Oct. 11, 2006), Jackson's petition was denied. On March 17, 2008, this Court's Pro Se Office received from Jackson a motion for reconsideration pursuant... Antonio BALBINO DE JESUS, Plaintiff, v. AKAM ASSOCIATES, INC., 166 East 96th Street Owners Corp., Glen Kapoosuzian, and Everest Scaffolding, Inc., Defendants. , S.D.N.Y., November 4, 2009 OPINION THOMAS P. GRIESA, District Judge. Plaintiff Antonio Balbino De Jesus commenced this action on May 8, 2009 to recover damages for personal injuries sustained while performing facade and roof repair work on the building located at 166 East 96th Street in New York City. Specifically, plaintiff asserts negligence claims and violations of Sections 200, 240, and 241(6) of the New York Labor Law against defendants AKAM Associates, Inc., 166 East 96th Street Owners Corp., Glen Kapoosuzian, an... GRIEVANCE COMM. FOR the TENTH JUDICIAL DISTRICT, Plaintiff, v. Ruth POLLACK, Defendant. , S.D.N.Y., November 4, 2009 ORDER CHIN, District Judge. On October 18, 2009, defendant Ruth Pollack filed a motion for "emergency relief." She requested that the Court issue an order (1) correcting the docket, (2) denying the remand application and/or striking the application as unauthorized, and (3) awarding costs and fees incurred in her opposition to the remand application. These requests are considered in turn. First, the original court filings indicate that the designation of the case as a "Securities/Commoditi... The AUTHORS GUILD et al., Plaintiffs, v. GOOGLE, INC., Defendant. , S.D.N.Y., November 4, 2009 Boni & Zack LLC, by: Michael J. Boni, Esq., Bala Cynwyd, PA, for Author Plaintiffs. Dickstein Shapiro LLP, by: Shirley O. Saed, Esq., Charles D. Ossola, Esq., Elaine Metlin, Esq., Washington, DC, Victor S. Perlman, Esq., General Counsel, American Society of Media Photographers, Inc., Philadelphia, PA, for Proposed Intervenors. MEMORANDUM DECISION CHIN, District Judge. The American Society of Media Photographers, the Graphic Artists Guild, the Picture Archive Council of America, the North... In re METLIFE DEMUTUALIZATION LITIGATION. , E.D.N.Y., November 4, 2009 Holding: In issuing order regarding notice and hearing on approval of proposed settlement, the District Court, Jack B. Weinstein, Senior Judge, held that best practicable notice of proposed settlement was notice by publication in newspapers. Order in accordance with opinion. MEMORANDUM AND ORDER REGARDING NOTICE AND HEARING ON APPROVAL OF PROPOSED SETTLEMENT JACK B. WEINSTEIN, Senior District Judge. This class action challenges the accuracy of notice to voters in an insurance company d... Bienvenido FRANCO, individually and on Behalf of all Others Similarly Situated, Plaintiffs, v. IDEAL MORTGAGE BANKERS, LTD., d/b/a Lend America, Inc., Michael Ashley, Timothy Mayette, Helene Decillis, Michael Primeau, Defendants. William Fraser an, E.D.N.Y., November 3, 2009 Erik Harald Langeland, Esq., Erik H. Langeland, P.C., New York, NY, James B. Zouras, Esq., Chicago, IL, Ryan F. Stephan, Esq., Stephan Zouras LLP, Chicago, IL, for Plaintiffs. Daniel F. Markham, Esq., Coughlin Duffy LLP, New York, NY, Mitchel H. Kider, Esq., Van T. Lam, Esq., David M. Souders, Esq., Weiner Brodsky Sidman & Kider PC, Washington, DC, for Defendant Lend America. Jeffrey H. Weinberger, Esq., New York, NY, for Defendant Timothy Mayette. Joseph A. Vogel, Esq., Kravet & Vogel, L... John FUCHS, Patrick Morin, Anthony Macagnone, Michael Conroy, David Haines, Geoffrey James, James Malcolm, William Macchione, Alan Ehl, William Weitzman, Frank Wirt, Kevin Hicks, Joseph Olivieri, Dale Stuhlmiller, Arthur Godsell, Robert Carlino, Paul, E.D.N.Y., November 3, 2009 MEMORANDUM OPINION, ORDER AND JUDGMENT E. THOMAS BOYLE, United States Magistrate Judge. Before the Court is the application of the Plaintiffs, the Trustees of the Empire State Carpenters employee benefit funds (the "Trustees"), for attorney's fees and costs in the amount of $29,151.72. The Defendant, Tara General Contracting, Inc. ("Tara Contracting"), has not filed any opposition to the Trustees' application. For the reasons that follow, the Trustess are awarded attorney's fees and costs in ... Wayman TATUM, Plaintiff, v. SUFFOLK COUNTY NEW YORK, Suffolk County Police First Precinct, Defendants. , E.D.N.Y., November 3, 2009 Wayman Tatum, Riverhead, NY, pro se. MEMORANDUM AND ORDER SEYBERT, District Judge. Pending before the Court is an application from pro se Plaintiff Wayman Tatum ("Plaintiff") to proceed in forma pauperis. Plaintiff's Complaint alleges that Defendants abridged Plaintiff's constitutional rights in violation of 42 U.S.C. § 1983 ("Section 1983"). For the reasons discussed herein, Plaintiff's application to proceed in forma pauperis is GRANTED, but the Complaint is DISMISSED without prejudice. ... Kathleen RUTHERFORD, Plaintiff, v. KATONAH-LEWISBORO SCHOOL DISTRICT, Dr. Robert Roelle, Superintendent of Schools, and Dr. Karen Benedict, Deputy Superintendent of Schools, Defendants. , S.D.N.Y., November 3, 2009 DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS McMAHON, District Judge. In the suburbs, where education is the only priority, there is hyper- sensitivity on the part of all concerned whenever anything remotely out of the ordinary happens at local schools. Community and staff concern is magnified if the unusual activity involves student/teacher interaction. The lawsuit before the Court grows out of just such an incident. INTRODUCT... BASCIANI FOODS, INC. and Andrew & Williamson Sales Co., Inc., Plaintiffs, v. MID ISLAND WHOLESALE FRUIT AND PRODUCE, INC., Howard Greissman, and David M. Fleschner, Defendants. , E.D.N.Y., November 3, 2009 Gregory Adam Brown, Esq., Law Offices of Bruce Levinson, Esq., New York, NY, Louis W. Diess, III, Esq., McCarron & Diess, Washington, DC, for Plaintiffs. No appearances for Defendants. MEMORANDUM & ORDER SEYBERT, District Judge. Basciani Foods, Inc. ("Basciani") and Andrew & Williamson Sales Co., Inc. ("A & W") (collectively, "Plaintiffs") filed a civil action alleging violations of the Perishable Agricultural Commodities Act, 7 U.S.C. § 499e(c) ("PACA") and other causes of action agains... Darius KACZMARCZYK et al., Plaintiffs, v. ACME CONTRACTING LLC, et al., Defendants. , E.D.N.Y., November 3, 2009 OPINION AND ORDER VIKTOR V. POHORELSKY, United States Magistrate Judge. The plaintiffs, Darius Kaczmarczyk and others, bring this action under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201, et seq., as well as the New York Labor Law §§ 198, 220, to recover unpaid regular and overtime wages owed to them by the defendants. The plaintiffs have moved to enforce the provisions of a settlement agreement purportedly reached in July 2008 with the defendants--Acme Contracting LLC, Ronald Dut... Jose SERRANO, Luis Beniquez, Plaintiffs, v. USA UNITED TRANSIT BUS INC., Shoreline Pupil Transportation, Thomas Scialpi, Larraine Lia Castellano, Francis "frank" Braccia, Carol Papacena, Clarence "Jay" Jones, Amalgamated Transit Union Local 1181, , E.D.N.Y., November 3, 2009 Jose Serrano, Bronx, NY, pro se. Luis Beniquez, Brooklyn, NY, pro se. Ogletree, Deakins, Nash, Smoak & Stewart, P.C., by: Eric C. Stuart, New York, NY, Anthony J. Cincotta, P.C., Shrewsbury, NJ, for Defendants USA United Transit, Inc., Shoreline Pupil Transit, Inc., Thomas Scialpi, Larraine Lia Castellano, Francis Braccia, Carol Papacena and Clarence Jones. Meyer, Suozzi, English & Klein, P.C., Brooklyn, NY, by: Richard A. Brook, Richard N. Gilberg, Jessica D. Ochs, New York, NY, for D... Stevie B. TATUM, Plaintiff, v. The City of New York, Correction Officer Renee JACKSON, individually and in her official capacity, and Terreem Martin, Defendants. , S.D.N.Y., November 3, 2009 MEMORANDUM OPINION AND ORDER PAUL G. GARDEPHE, District Judge. In this action, Plaintiff Stevie Tatum seeks relief under 42 U.S.C. § 1983 and New York state law for severe injuries he suffered as a pre-trial detainee when he was assaulted by other inmates at Rikers Island. (Second Amended Complaint ("Cmplt.") (Docket No. 29) ¶¶ 1-3) He alleges, inter alia, that Defendant Renee Jackson, the correction officer on duty in his Rikers Island dormitory at the time of the assault, was deliberately i... TRAFALGAR POWER, INC., et al., Plaintiffs, v. U.S. BANK NATIONAL ASSOCIATION, f/k/a State Street Bank & Trust Company of Connecticut, Defendant. , N.D.N.Y., November 3, 2009 Harris, Beach PLLC, Paul J. Yesawich, III, Esq., David J. Edwards, Esq., Laura W. Smalley, Esq., of Counsel, Pittsford, NY, for Plaintiffs. Shipman & Goodwin LLP, Kathleen M. Lamanna, Esq., Mark Ostrowski, Esq., Jill M. O'Toole, Esq., Hartford, CT, of Counsel, Bond, Schoeneck & King PLLC, Brian J. Butler, Esq., Colin M. Leonard, Esq., of Counsel, Syracuse, NY, for Defendant. Boies Schiller Law Firm, Jason Cyrulnik, Esq., of Counsel, Armonk, NY, for Non-Party Bernhart Schober. ORDER DAVI... John HALE, Plaintiff, v. Jadow RAO; J. Ireland; Mack/s/Revell; R. Furnia; J. Silver; John Doe # 1; John Doe # 2; Jane Doe # 1; Jane Doe # 2; Jane Doe # 3; and Jane Doe # 4, Defendants. , N.D.N.Y., November 3, 2009 John Hale, Alden, NY, pro se. Hon. Andrew M. Cuomo, Attorney General of the State of New York, Richard Lombardo, Esq., Asst. Attorney General, of Counsel, Albany, NY, for Defendants. DECISION and ORDER DAVID N. HURD, District Judge. Plaintiff, John Hale, brought this civil rights action in March 2008, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 29, 2009, the Honorable George H. Lowe, United States Magistrate Judge, recommended that defendants' motions to dismis... Heraclides ROSARIO, Plaintiff, v. Pete MASTERANTONIO, Jr., [FN1] et al., Defendants. FN1. Defendant Masterantonio, Jr., was mistakenly named in the complaint as "Pete Masterantonio, Jr." (Docket No. 8, Answer). The Clerk of the Court is here, W.D.N.Y., November 3, 2009 ORDER LESLIE G. FOSCHIO, United States Magistrate Judge. On May 15, 2009, the Court (Hon. David G. Larimer) granted plaintiff permission to proceed in forma pauperis, denied plaintiff's motion for appointment of counsel, dismissed the claims against defendant Ellis, and directed service of the summons and complaint by the United States Marshals Service on the remaining defendants-Peter Masterantonio, Jr., Randy Banks, Michael Root, Thomas Hannah and Karen Weaver. (Docket No. 4). On September ... Jeffrey R. OBSTARCZYK, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.N.Y., November 3, 2009 ORDER RICHARD J. ARCARA, Chief Judge. The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(3). On October 8, 2009, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that defendant's motion for judgment on the pleadings be denied and that plaintiff's cross motion for judgment on the pleadings be granted in part and denied in part. The Court has carefully reviewed the Report and Recommendation, the reco... Deborah OWENS, Plaintiff, v. Michael J. ASTRUE [FN*], Commissioner of Social Security, Defendant. FN* On February 12, 2007, Michael J. Astrue was sworn in as Commissioner of the Social Security Administration. Pursuant to Federal Rule of Ci, N.D.N.Y., November 3, 2009 Bond and Mcdonald, P.C., Mark M. McDonald, Esq., of Counsel, Geneva, NY, for Plaintiff. Andrew T. Baxter, United States Attorney, Northern District of New York, Margaret A. Donaghy, Esq., Special Assistant U.S. Attorney, of Counsel, Syracuse, NY, for Defendant. MEMORANDUM-DECISION AND ORDER NORMAN A. MORDUE, Chief Judge. I. INTRODUCTION Plaintiff Deborah M. Owens brings the above-captioned action pursuant to 42 U.S.C. § 405(g) of the Social Security Act, seeking a review of the Commissi... Harold E. JACKSON, Plaintiff, v. Melissa BUCHER, Children-Youth Family Worker; Alethia A. Johnson, Day Care Teacher; and Thomas Kubish, Detective, Defendant. , N.D.N.Y., November 3, 2009 Harold E. Jackson, of Counsel, Malone, NY, pro se. DECISION and ORDER DAVID N. HURD, District Judge. Plaintiff, Harold E. Jackson, brought this civil rights action in August 2009, pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated October16, 2009, the Honorable Randolph F. Treece, United States Magistrate Judge, recommended that this action be dismissed for failure to state a claim upon which relief may be granted. No objections to the Report-Recommendation have been filed. Bas... Billy J. HOWARD, Plaintiff, v. UNITED STATES of America, U.S. Department of Defense and Gregory M. Kemp, Defendants. , W.D.N.Y., November 3, 2009 ORDER RICHARD J. ARCARA, Chief Judge. The above-referenced case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b). On October 14, 2009, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that defendants' motion to substitute the United States as the property party defendant in place of Gregory M. Kemp and the U.S. Department of Defense be granted. The Court has carefully reviewed the Report and Recommendation, the record ... Michael J. BEILMAN, Plaintiff, v. NIAGARA FRONTIER TRANSPORTATION AUTHORITY, Defendant. , W.D.N.Y., November 3, 2009 Michael J. Beilman, Lancaster, NY, pro se. Wayne R. Gradl, Niagara Frontier Transit Authority, Buffalo, NY, for Defendant. JOHN T. CURTIN, District Judge. This case was referred to Magistrate Judge Hugh B. Scott pursuant to 28 U.S.C. § 636(b)(1) for all pretrial matters including consideration of dispositive motions. Plaintiff filed a motion for summary judgment on April 17, 2009 (Item 36), and defendant filed a cross motion for summary judgment on May 19, 2009 (Item 39). On September... Jacqueline SCALES, o/b/o E.M.S., Plaintiff, v. Michael J. ASTRUE Commissioner of Social Security, Defendant. , W.D.N.Y., November 3, 2009 DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiff, Jacqueline Scales o/b/o E.M.S. ("Scales"), sought Social Security Disability Benefits for her minor daughter. That claim was apparently denied and Scales requested a hearing before an Administrative Law Judge ("ALJ"). By order dated January 11, 2007, ALJ Robert T. Harvey dismissed the case because Scales failed to notify the Social Security Administration of a change of address and she did not appear at the scheduled hearing. ... In re THE RESERVE FUND SECURITIES AND DERIVATIVE LITIGATION. Caxton International Limited, Caxton Equity Growth Holdings, LP, individually, and derivatively on behalf of the Reserve International Liquidity Fund, Ltd., Plaintiffs, v. Reserve Intern, S.D.N.Y., November 3, 2009 MEMORANDUM OPINION AND ORDER PAUL G. GARDEPHE, District Judge. The two above-captioned cases (09-cv-782, 09-cv-3786) arise from the collapse of the Reserve International Liquidity Fund (the "International Fund"), an offshore money market fund organized as a limited liability company under the British Virgin Islands Business Companies Act of 2004. In September 2008, the International Fund held approximately $125 million in Lehman Bros. Holdings, Inc. debt securities. After Lehman announced on Sep... Luis Angel PEREZ, Plaintiff, v. The NEW YORK AND PRESBYTERIAN HOSPITAL, Defendant. , S.D.N.Y., November 3, 2009 MEMORANDUM & ORDER SAND, District Judge. Luis Angel Perez ("Plaintiff") brings this action against The New York and Presbyterian Hospital ("Defendant" or "the Hospital") seeking money damages for the Hospital's alleged violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e), et seq. ("Title VII"). Plaintiff alleges that the Hospital discriminated against him based on his race and national origin, created a hostile work environment, and retaliated against him for complainin... Patrick BENNETT, Petitioner, v. UNITED STATES of America, Respondent. , S.D.N.Y., November 3, 2009 MEMORANDUM & OPINION Honorable PAUL A. CROTTY, District Judge. This Court has previously considered and denied Patrick Bennett's ("Bennett") petition under 28 U.S.C. § 2255 to vacate, set aside, or correct the 22-year sentence he received on July 5, 2002, following his conviction, in two separate trials, on various counts of conspiracy to obstruct justice and commit perjury; obstruction of justice; perjury; securities fraud; bank fraud; money laundering; and engaging in monetary transactions... NAVAERA SCIENCES, LLC, et ano., Plaintiffs, v. ACUITY FORENSIC INC., et ano., Defendants. , S.D.N.Y., November 3, 2009 Christopher P. Corval, Christopher Devanny, Kent & McBride, for Plaintiffs. Leslie Mark Greenbaum, Gross, Shuman, Brizdle & Gilfillan, P.C., for Defendants. MEMORANDUM OPINION LEWIS A. KAPLAN, District Judge. This is an action for alleged breach of a software sales agreement and misappropriation of plaintiffs' trade secrets. Defendants move to dismiss the complaint on a variety of theories, including for lack of subject matter jurisdiction and personal jurisdiction. Facts Plaintiffs, N... Debra HALL, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. The CHILDREN'S PLACE RETAIL STORES, INC., Ezra Dabah, and Susan Riley, Defendants. , S.D.N.Y., November 2, 2009 Samuel H. Rudman, Esq., David A. Rosenfeld, Esq., Mario Alba, Jr., Esq., Coughlin Stoia Geller Rudman & Robbins LLP, Melville, NY, Nathan M. Jenkins, Esq., Jenkins & Carter, Reno, NV, for Lead Plaintiff and the Class. Jonathan D. Polkes, Esq., David R. Fertig, Esq., Weil, Gotshal & Manges LLP, New York, NY, Robert J. Jossen, Esq., Michael J. Gilbert, Esq., Dechert LLP, New York, NY, Richard P. Swanson, Esq., Arnold & Porter LLP, New York, NY, for Defendants. OPINION AND ORDER SHIRA A. SCHEI... UNITED STATES of America, v. Ralph CIOFFI and Matthew Tannin, Defendants. , E.D.N.Y., November 2, 2009 Dean BLECHMAN, Plaintiff, v. IDEAL HEALTH, INC., Todd Stanwood, Scott Stanwood, Louis Decaprio, Infobroker, Inc., UIX, LLC, and United Infoxchange, LLC, Defendants. , E.D.N.Y., November 2, 2009 Erica Blythe Garay, Esq., Meyer, Suozzi, English & Klein, P.C., Garden City, NY, for Plaintiff. Devindra Ramesh Tiwari Kissoon, Esq., Michael Craig Schmidt, Esq., Cozen O'Connor, New York, NY, for Defendant. MEMORANDUM & ORDER SEYBERT, District Judge. Pending before the Court is a motion to transfer venue made by Defendants Ideal Health, Inc., Todd Stanwood, Scott Stanwood, Louis DeCaprio, Infobroker, Inc., UIX, LLC, and United InfoXchange, LLC (collectively, "Defendants"). For the reas... SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. Christopher CASTALDO, Daniel James Gallagher, Frank Zangara, B.H.I. Group, Inc., Corporate Communications Corp., and Vision Securities, Inc., Defendants. , S.D.N.Y., November 2, 2009 MEMORANDUM ORDER JED S. RAKOFF, District Judge. On August 17, 2009, judgment was entered against defendants Daniel Gallagher and Vision Securities, Inc. ("Vision") after a jury found them guilty of certain securities law violations and after this Court held a hearing to determine the appropriate remedies for such violations. The final judgment ordered Gallagher and Vision to pay, jointly and severally, disgorgement in the amount of $126,466.91, plus pre-judgment interest in the amount of $29,... Alex QUINTANA, Plaintiff, v. WERNER ENTERPRISES, INC., Defendant. , S.D.N.Y., November 2, 2009 MEMORANDUM AND ORDER P. KEVIN CASTEL, District Judge. This negligence action was originally filed in the Supreme Court of the State of New York, Bronx County, on July 10, 2009. The defendant filed a notice of removal to federal court on September 9, 2009, and an amended notice of removal on September 11, 2009. The plaintiff now moves to remand this action to state court on grounds that the removal petition was not timely filed. For the reasons stated below, the plaintiff's motion is denied. ... Thomas LESSEY, Plaintiff, v. BROADWAY ELECTRIC, Andre Hicks, and Does 1-10, Defendants. , S.D.N.Y., November 2, 2009 MEMORANDUM AND ORDER P. KEVIN CASTEL, District Judge. Plaintiff brings claims of employment discrimination, hostile work environment and retaliation under 42 U.S.C. § 1981, New York State Labor Law § 201-d, New York State Executive Law § 296 and the Administrative Code of the City of New York, §§ 8-107.1(a) et seq. He claims that he was discriminated against on the basis of race and that he was subjected to retaliation for signing a union pledge card. Discovery in this case is closed, and ... Gilbert O. CAMERON, Plaintiff, v. P.O. Sidney WISE, and the State of New York, Defendants. , S.D.N.Y., November 2, 2009 MEMORANDUM AND ORDER P. KEVIN CASTEL, District Judge. Plaintiff Gilbert Cameron brings this action pro se under 42 U.S.C. § 1983 , seeking damages for violations of his rights under the United States Constitution. Defendant the State of New York moved to dismiss plaintiffs complaint pursuant to Rule 12(b)(1), Fed.R.Civ.P. During a pretrial conference, Magistrate Judge Eaton ordered this action stayed in its entirety pending the outcome of a parallel state criminal proceeding in which Camero... UNITED STATES of America, v. Ralph CIOFFI and Matthew Tannin, Defendants. , E.D.N.Y., November 2, 2009 Benton J. Campbell, Esq., United States Attorney, Eastern District of New York, by: James G. McGovern, Esq., Ilene Jaroslaw, Esq., Patrick Sean Sinclair, Esq., Brian Sano, Esq., Assistant United States Attorneys, Brooklyn, NY, for the United States of America. Dane Butswinkas, Esq., Margaret A. Keeley, Esq., Williams & Connolly LLP, Washington, DC, for Defendant Ralph Cioffi. Susan E. Brune, Esq., Nina M. Beattie, Esq., Maryann J. Sung, Esq., Theresa Trzaskoma, Esq., Brune & Richard LLP, ... Marqui REYES, Petitioner, v. Joseph T. SMITH, Superintendent of Shawangunk Correctional Facility, Respondent. , E.D.N.Y., November 2, 2009 OPINION & ORDER FEUERSTEIN, District Judge. On September 9, 1999, a judgment of conviction was entered against petitioner Marqui Reyes ("petitioner") in the County Court of the State of New York, Suffolk County (Lefkowitz, J.), upon a jury verdict finding him guilty of one (1) count of murder in the second degree (N.Y. Penal Law § 125.25(2)), and imposition of sentence. On July 24, 2006, petitioner filed a petition seeking a writ of habeas corpus pursuant to 28 U.S.C § 2254. For the reaso... CORRADO FAMILY LP. d/b/a Riverforest Park a New York Partnership, Plaintiff, v. Terry McCORMICK, d/b/a T.W.S. Web Service an individual, Defendant. , N.D.N.Y., November 2, 2009 Corrado Family LP., d/b/a Riverforest Park, Gerard Corrado, pro se. James R. Muldoon, Esq., Syracuse, NY, for Defendant Terry McCormick. ORDER ON REPORT AND RECOMMENDATION NEAL P. McCURN, Senior District Judge. The plaintiff Limited Partnership, Corrado Family LP. brings this trademark infringement action (Lanham Act), alleging, inter alia, violations pursuant to 15 U.S.C. § 1125(a)(d), by defendant's use of false and misleading descriptions and representations of internet domain names i... UNITED STATES of America, v. Ralph CIOFFI and Matthew Tannin, Defendants. , E.D.N.Y., November 2, 2009 Benton J. Campbell, Esq., United States Attorney, Eastern District of New York, by James G. McGovern, Esq., Ilene Jaroslaw, Esq., Patrick Sean Sinclair, Esq., Brian Sano, Esq., Assistant United States Attorneys, Brooklyn, NY, for the United States of America. Dane Butswinkas, Esq., Margaret A. Keeley, Esq., Williams & Connolly LLP, Washington, DC, for Defendant Ralph Cioffi. Susan E. Brune, Esq., Nina M. Beattie, Esq., Maryann J. Sung, Esq ., Theresa Trzaskoma, Esq., Brune & Richard LLP, ... David ROBINSON, Jr., Plaintiff, v. NEW YORK State; George Alexander, Chairman, New York State Division of Parole; Michael Fork, Bureau Chief; Ms. Benjamin, Senior Parole Officer; Mr. Fernandez, Parole Officer, Defendants. , N.D.N.Y., November 2, 2009 David Robinson, Jr., Valley Stream, NY, pro se. Hon. Andrew M. Cuomo, New York Attorney General, Albany Office, C. Harris Dague, Assistant Attorney General, of Counsel, Albany, NY, for the Defendants. MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Judge. On June 17, 2009, pro se plaintiff David Robinson, Jr., filed a renewed application for an Order to Show Cause seeking a Preliminary Injunction and Temporary Restraining Order (TRO) asking the court to temporarily restrain and en... Omar OSACIO, Plaintiffs, v. Gary GREENE, Former Supt., Great Meadow Correctional Facility; Lucien J. Leclaire, Dep. Comm'r Nysdocs; Kenneth McLaughlin; Sgt. C. Murry; CO F. Deluke; CO D. Beebe; Dr. Albert Pauloano; Julie Daniels; Nurse K. Bayer; Nu, N.D.N.Y., November 2, 2009 Omar Ocasio, Auburn, NY, pro se. James Seaman, New York State Department of Law, Albany, NY, for Defendants. DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. Plaintiff, Omar Osacio, brought the instant action pro se pursuant to 42 U.S.C. § 1983 alleging that his Eighth Amendment rights were violated though: (1) the use of excessive force against him at the Great Meadow Correctional Facility on January 13, 2006; and (2) deliberate indifference to his medical condition, arising... FIRMODE (INTERNATIONAL) COMPANY LIMITED, Plaintiff, v. INTERNATIONAL WATCH GROUP, INC., et al., Defendants. , E.D.N.Y., November 2, 2009 ORDER MARILYN D. GO, United States Magistrate Judge. Defendants International Watch Group, Inc., Swiss Watch Outlet LLC and Joshua Friedman (collectively the "defendants") seek to challenge certain of plaintiff Firmode (International) Company Limited's confidentiality designations pursuant to Paragraph 8 of the "Stipulation and Order Governing Confidential Information" (the "Stipulation") signed by the parties. See ct. doc. 23. Defendants' counsel has submitted the documents at issue for in c... Aaron WILLEY, Plaintiff, v. Robert A. KIRKPATRICK, et al., Defendants. , W.D.N.Y., November 2, 2009 DECISION & ORDER CHARLES J. SIRAGUSA, District Judge. Plaintiff has sent to Chambers a notarized letter dated October 22, 2009, which includes the following request: "I would ask to be completely separated from all defendants in this action, especially Jeszorski." (Letter from Aaron Willey to the Court (Oct. 22, 2009) at 2.) In his complaint, filed on October 4, 2007, Plaintiff alleges, inter alia, that Jeff Jeszorski was a corrections sergeant at Wendy Correctional Facility and supervisi... Rosalie LOLONGA-GEDEON, Plaintiff, v. CHILD & FAMILY SERVICES, Defendant. , W.D.N.Y., November 2, 2009 Rosalie Lolonga-Gedeon, Columbus, IN, pro se. Hodgson Russ LLP, Joshua Isaac Feinstein, of Counsel, Buffalo, NY, for Defendant. ORDER RICHARD J. ARCARA, Chief Judge. The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On September 23, 2009, Magistrate Judge Foschio filed a Report and Recommendation, recommending that plaintiff's motion for summary judgment be denied without prejudice. The Court has carefully reviewed ... Greg BURNELL, Petitioner, v. UNITED STATES of America, Respondent. , N.D.N.Y., November 2, 2009 DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. Petitioner moves pursuant to 28 U.S.C. § 2255 seeking to vacate, set aside or correct his sentence. In support of his motion, Petitioner advances the following grounds: (1) the Court violated his due process rights because it based his sentence on materially false information; (2) Petitioner was not afforded the opportunity to contest the information used by the Court at sentencing; (3) Petitioner's counsel was ineffective because he... Robert D. HUNTER, Plaintiff, v. COUNTY OF ALBANY, et al., Defendants. , N.D.N.Y., November 2, 2009 Tulley, Rinckey Law Firm, Kiley D. Scott, Esq., Maria C. Tebano, Esq., Ariel E. Solomon, Esq., of Counsel, Albany, NY, for the Plaintiff. McNamee, Lochner Law Firm, David J. Wukitsch, Esq., of Counsel, Albany, NY, New York State Law, Enforcement Officers Union, Matthew P. Ryan, Esq., of Counsel, Albany, NY, Goldberg, Segalla Law Firm, Latha Raghavan, Esq., Jonathan M. Bernstein, Esq., of Counsel, Albany, NY, for the Defendants. MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Judge. ... Linda Grant WILLIAMS, Plaintiff, v. CITIGROUP, INC., and Citigroup Global Markets, Inc., Defendants. , S.D.N.Y., November 2, 2009 MEMORANDUM and ORDER LORETTA A. PRESKA, Chief Judge. Plaintiff Linda Grant Williams ("Plaintiff") filed this suit, alleging that she is the victim of the anticompetitive and tortious behavior of Defendants Citigroup, Inc. ("Citigroup"), and Citigroup Global Markets, Inc. ("CGM") (collectively "Defendants"). Specifically, she claims that Defendants and their unnamed co-conspirators have violated Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1-2; New York's Donnelly Antitrust Act, N.Y. Gen.... Lloyd GELWAN, Plaintiff, v. VERMONT MUTUAL INS. CO., Defendant. , S.D.N.Y., November 2, 2009 MEMORANDUM AND ORDER McKENNA, District Judge. 1. In this action, removed from the Supreme Court of the State of New York, County of New York, on the ground of diversity of citizenship, plaintiff (a lawyer appearing pro se ) asserts three claims against defendant, the issuer of a homeowner's policy on a house located in Massachusetts owned by plaintiff: (i) in Count I (Breach of Contract) of the amended complaint, plaintiff seeks to recover under the policy for 2005 water damage to the house; (... INVENTORPRISE, INC., Plaintiff, v. TARGET CORPORATION and Target Brands, Inc., Defendants. , N.D.N.Y., November 2, 2009 Heather V. Miller, Mark Edward Levy, Hinman, Howard Law Firm, Binghamton, NY, for Plaintiff. Richard N. Aswad, Aswad, Ingraham Law Firm, Binghamton, NY, for Defendants. DECISION & ORDER THOMAS J. McAVOY, Senior District Judge. I. INTRODUCTION Plaintiff Inventorprise, Inc. commenced this action against Target Corporation and Target Brands, Inc. (referred to collectively in the Complaint as "Target") asserting a claim of false patent marking in violation of 35 U.S.C. § 292. Target has move... Ruben Mora TORRES, Petitioner, v. UNITED STATES of America, Respondent. , S.D.N.Y., November 2, 2009 Ruben Mora Torres, Raymondville, TX, pro se. Chi T. Steve Kwok, Assistant United States Attorney, United States Attorney's Office, Southern District of New York, New York, NY, for Respondent. OPINION & ORDER DENISE COTE, District Judge. Through a petition for a writ of habeas corpus pursuant to 28 U.S .C. § 2255 dated May 18, 2009 and received on May 26, 2009, petitioner Ruben Mora Torres ("Mora") asserts that his plea of guilty was involuntary because he did not understand at the time h... Jacob LIEBERMAN, Plaintiff, v. LAW SCHOOL ADMISSION COUNCIL, INC., Defendant. , S.D.N.Y., November 2, 2009 MEMORANDUM ORDER JED S. RAKOFF, District Judge. The plaintiff, Jacob Lieberman, brings this action seeking disability accommodations from the defendant, Law School Admission Council, Inc. ("LSAC"), relating to LSAC's administration of the Law School Admission Test ("LSAT"). Although LSAC denied plaintiff's initial request for disability accommodations, it eventually offered to provide him with all such accommodations for the September 2009 test administration. The parties never reached a form... In re UNITED STATES V. WATKINS. John Cenci, Petitioner, v. William V. Watkins, a/k/a/ "CHIP," Respondent. , S.D.N.Y., November 2, 2009 MEMORANDUM ORDER JED S. RAKOFF, District Judge. On June 9, 2009, the Court, on application of petitioner John Cenci, released those portions of the June 24, 1999 Presentence Report ("PSR") of respondent William V. Watkins that related to respondent's financial condition and to statements made by respondent to the Probation Department concerning his financial condition. See Memorandum Order, June 9, 2009 ("June 9 Mem. Order"). Such release was necessary to prevent Watkins, on whose statements ... Sonji MATTHEWS, Plaintiff, v. ACS N. POWLEN, ACS-DLS Laleta Cartwright, Anne Belox and Sandra Schpoon, [FN1] Defendants. FN1. Noah Powlen is the only remaining defendant in this action. (See Dkt. Nos. 7, 10, 13 & 34.) , E.D.N.Y., November 2, 2009 MEMORANDUM & ORDER DEARIE, Chief Judge. Plaintiff Sonji Matthews, pro se, alleges that Noah Powlen, an attorney employed by the Family Court Legal Services division of the Administration for Children's Services ("ACS"), violated her civil rights in the course of child neglect proceedings against her. Defendant moves to dismiss plaintiff's complaint. For the following reasons, defendant's motion is granted. BACKGROUND The facts of this case--such as the Court is able to discern them from plain... Mohammad Sayedur RAHMAN, Plaintiff, v. Michael J. ASTRUE Commissioner of Social Security, Defendant. , E.D.N.Y., November 2, 2009 MEMORANDUM & ORDER DEARIE, Chief Judge. Pursuant to 42 U.S.C. § 405(g), Mohammad Sayedur Rahman appeals the Commissioner of Social Security's final decision, denying him benefits under the Social Security Act ("SSA") for alleged disabilities, including chronic severe lower back pain, beginning on November 19, 2003, when plaintiff was hit by a truck while working as a security guard. The truck ran over plaintiff's right foot and struck the right side of his body, causing fractures to his right... U.S. GAS & ELECTRIC, INC., Plaintiff, v. BIG APPLE ENERGY, LLC, and Victor Ferreira, Defendants. , E.D.N.Y., November 2, 2009 Wildman, Harrold, Allen & Dixon LLP, by David J. Fischer, Esq., Jennifer Douglass, Esq., William Allen Woolley, Esq., of Counsel, Chicago, IL, Akerman Senterfitt LLP, by Martin Domb, Esq., of Counsel, New York, NY, for Plaintiff. Wolff & Samson, by Lori E. Grifa, Esq., Daniel D. Barnes, Esq., of Counsel, West Orange, NJ, for Defendants. MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. On May 8, 2009, U.S. Gas & Electric, Inc. ("USGE") filed this lawsuit against Big Apple Energy, L... Omar WILSON, Plaintiff, v. The CITY OF NEW YORK, et al., Defendants. , S.D.N.Y., November 2, 2009 Richard A. Ashman, Michelstein & Greenburg, L.L.P., New York, NY, for Plaintiff. Steven D. Michelstein, Michelstein & Greenberg, LLP, New York, NY, for Plaintiff. Irene Greenberg, Michelstein & Greenberg, LLP, New York, NY, for Plaintiff. Alison Elaine Gugel, Jacobs deBrauwere LLP, New York, NY, for Defendants. Prathyusha Bandi Reddy, NYC Law Department, Office of the Corporation Counsel, New York, NY, for Defendants. John William Burns, Worth, Longworth & London, LLP, New York, N... UNITED STATES of America, v. Cory MONROE, Defendant. , E.D.N.Y., November 2, 2009 MEMORANDUM AND ORDER VITALIANO, District Judge. Defendant Cory Monroe is charged by indictment with one count of being a convicted felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The charge stems from the recovery of a firearm from Monroe's person during a search by officers of the New York City Police Department ("NYPD") on the evening of July 31, 2008. Presently before the Court is Monroe's motion to suppress the recovered firearm and his post-arrest statements, on ... ASSOCIATION FOR MOLECULAR PATHOLOGY, et al., Plaintiffs, v. UNITED STATES PATENT AND TRADEMARK OFFICE, et al., Defendants. , S.D.N.Y., November 2, 2009 American Civil Liberties Union Foundation, by: Christopher A. Hansen, Esq., Aden Fine, Esq., Lenora M. Lapidus, Esq., Sandra S. Park, Esq., New York, NY, Public Patent Foundation, Benjamin N. Cardozo School of Law, by: Daniel B. Ravicher, Esq., New York, NY, for Plaintiffs. Preet Bharara, United States Attorney for the Southern District of New York, by: Beth E. Goldman, Esq., New York, NY, for Defendant USPTO. Jones Day, by: Brian M. Poissant, Esq., Barry R. Satine, Esq., Laura A. Coruzzi... UNITED STATES of America, v. Farshid JAHEDI, Defendant. , S.D.N.Y., November 2, 2009 Harry A. Chernoff, John P. Cronan, David S. Leibowitz, Assistant United States Attorneys, New York, NY, for the Government. Barry H. Berke, Esq., Steven S. Sparling, Esq., Arielle Warshall Katz, Esq., Kramer Levin Naftalis & Frankel LLP, New York, NY, for Defendant Jahedi. OPINION AND ORDER SHIRA A. SCHEINDLIN, District Judge. I. INTRODUCTION Farshid Jahedi is under indictment on two counts of obstruction of justice pursuant to sections 1512(c)(1) (Count I) and 1503 (Count II) of Title 1... UNITED STATES of America, Respondent, v. Thomas RITTWEGER, Petitioner. , S.D.N.Y., November 2, 2009 MEMORANDUM OPINION AND ORDER JOHN G. KOELTL, District Judge. The petitioner has moved for a reduction of his sentence pursuant to 18 U.S.C. § 3582(c)(2), arguing that his offense level should be reduced for "Credits Against Loss" pursuant to the United States Sentencing Guidelines § 2B1.1, Application Note 3(E). I. Thomas Rittweger ("the petitioner") was found guilty by a jury on June 26, 2003 of securities fraud, wire fraud, commercial bribery, and conspiracy to commit securities fraud, w... WILLIAM A. GROSS CONSTRUCTION Associates, INC., Plaintiff, v. AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, Defendant. , S.D.N.Y., November 2, 2009 OPINION AND ORDER ANDREW J. PECK, United States Magistrate Judge. The background to this litigation is set forth in my three prior decisions in this case, familiarity with which is assumed. William A. Gross Constr. Assoc., Inc. v. American Mfrs. Mut. Ins. Co., 07 Civ. 10639, 2009 WL 427280 (S.D.N.Y. Feb. 23, 2009) (Peck, M.J.); William A. Gross Constr. Assoc., Inc. v. American Mfrs. Mut. Ins. Co., 600 F.Supp.2d 587 (S.D.N.Y.2009); and William A. Gross Constr. Assoc., Inc. v. American Mfrs. Mu... Dallas SIMON, Plaintiff, v. Benjamin AUGUSTINE, Lester Wright, Defendants. , W.D.N.Y., November 1, 2009 Dallas Simon, Sonyea, NY, pro se. J. Richard Benitez, NYS Attorney General's Office, Rochester, NY, for Defendants. DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiff, Dallas Simon, appearing pro se, commenced this action under 42 U.S.C. § 1983. Plaintiff, an inmate currently in the custody of the New York State Department of Correctional Services ("DOCS"), has sued two physicians, Benjamin Augustine and Lester Wright, alleging that they violated his rights under the Eighth ... Andres D. ROJO, Plaintiff, v. DEUTSCHE BANK, Defendant. , S.D.N.Y., October 30, 2009 OPINION & ORDER HAROLD BAER, JR., District Judge. This action involves claims of fraudulent inducement, promissory estoppel, unjust enrichment and quantum meruit that arise from the employment of Plaintiff Andres B. Rojo ("Plaintiff" or "Rojo") at Defendant Deutsche Bank ("Deutsche Bank"). Before the Court are a multitude of motions and cross- motions relating to evidence and testimony sought to be introduced and/or precluded in the upcoming bench trial in this action. Specifically, Defendant... Channan NUSSBAUM, Plaintiff, v. SPIDER, INC., and Paul White, Defendants. , E.D.N.Y., October 30, 2009 Daniel Hirschel, Esq., Valley Stream, NY, for Plaintiff. Paul White, Melville, NY, pro se. MEMORANDUM & ORDER SEYBERT, District Judge. Pending before the Court is Channan Nussbaum's ("Nussbaum" or "Plaintiff") motion for reconsideration of the Court's Order, dated August 24, 2009 ("August Order"), in which this Court, sua sponte, consolidated this case with White v. Nussbaum, No. 09-CV-2026. Plaintiff seeks an Order "remand [ing] the claim of Plaintiff Channan Nussbaum against Spider In... Demetrius HILL, Plaintiff, v. Al TISCH, Sheriff, et al., Defendants. , E.D.N.Y., October 30, 2009 Demetrius Hill, Talladega, AL, pro se. Christine Malafi, Suffolk County Attorney, by: Arlene S. Zwilling, Assistant County Attorney, Hauppauge, NY, for the Defendants. MEMORANDUM & ORDER HURLEY, Senior District Judge. Plaintiff Demetrius Hill ("Plaintiff") brings the present action against defendants Al Tisch, Sheriff; West Bagnowski, Warden; Murphy Dep. Warden; Mr. Geslak, Captain; Mr. Singer, Lieutenant; Mr. Leehman, Lieutenant; Sgt. Kearsey; Sgt. Walsh; Mr. Reynolds, Correction Office... UNIGENE LABORATORIES, INC., and Upsher-Smith Laboratories, Inc., Plaintiffs v. APOTEX, INC., and Apotex Corp.., Defendants. , S.D.N.Y., October 30, 2009 DECISION AND ORDER ROBERT P. PATTERSON, JR., District Judge. The Defendant's notice of appeal to the Federal Circuit Court of Appeals, filed on September 28, 2009, is premature. Under Federal Rule of Appellate Procedure 4(a)(4)(A)(iv), when a party timely files a motion to alter or amend the judgment, "the time to file an appeal runs for all parties from the entry of the order disposing" of this motion. "If a notice of appeal is premature, because one of the motions that suspend the time for ... Everett DOWNS, Petitioner, v. William LAPE, Warden, Coxsackie Correctional Facility, Respondent. , E.D.N.Y., October 30, 2009 Robert D. Didio, Law Office of Robert Didio, New York, NY, for Petitioner. New York State Attorney Generals Office-Generic Queens County District Attorneys Office-Generic Jodi A. Danzig, Office of the NY State Attorney General, New York, NY, for Respondent. MEMORANDUM & ORDER DEARIE, Chief Judge. In his application for a writ of habeas corpus pursuant to 28 U.S .C. § 2254, petitioner Everett Downs claims that he was denied his Sixth Amendment right to a public trial because the trial cou... PEPCO ENERGY SERVICES, INC., Plaintiff(s), v. STEFAN F. GEIRINGER and SLG, Inc., Defendant(s). , E.D.N.Y., October 30, 2009 Paul A. Friedman, Blank Rome LLP, New York, NY, for the Plaintiff. Mark F. Werle, Ryan, Smith & Carbine, Rutland, VT, for the Defendants. ORDER WALL, United States Magistrate Judge. Before the court, on consent of the parties, are cross motions for summary judgment. For the reasons set forth herein, the plaintiff's motion for summary judgment (DE[40] ) is GRANTED, and the defendants' motion for summary judgment (DE[43] ) is DENIED. The court will defer an award of damages and entry of ju... Jack Van DeVIVER, Plaintiff, v. Irene BARDOT, Prosecutor, New York State Attorney General's Office; Elliot Spitzer; Judge Walter Hafner, Oswego County Court; and Salvatore J. Piemonte, Attorney, Defendants. , N.D.N.Y., October 30, 2009 Jack Van DeViver, Dannemore, NY, pro se. DECISION and ORDER Hon. GLENN T. SUDDABY, District Judge. Currently pending before the Court in this pro se prisoner civil rights action filed by Jack Van DeViver ("Plaintiff") are (1) Magistrate Judge David R. Homer's Report-Recommendation recommending that Plaintiff's Complaint be dismissed in its entirety (Dkt. No. 8); and (2) Plaintiff's Amended Complaint (Dkt. No. 10, Part 1). For the reasons set forth below, Plaintiff's Amended Complaint is acc... Justin HARRIS, Plaintiff, v. Correction Officer HOWARD # 17721 and City of New York, Defendants. , S.D.N.Y., October 30, 2009 Katherine E. Smith, Assistant Corporation Counsel of the City of New York, New York, NY, for Defendant City of New York. Justin Harris, George R. Vierno Center, East Elmhurst, NY, pro se. DECISION AND ORDER GRANTING IN PART THE CITY OF NEW YORK'S MOTION TO DISMISS McMAHON, District Judge. Plaintiff brings this action pursuant to 42 U.S.C. § 1983, alleging a deprivation of his constitutional rights. The complaint alleges that on November 4, 2007, while incarcerated at Rikers Island, C... Beronne R. ELIACIN, Plaintiff, v. Barbara FIALA, et al., Defendants. , N.D.N.Y., October 30, 2009 DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. I. FACTS According to the Complaint, Plaintiff is a fifty-one year old, married, black woman from Haiti. At all times relevant hereto, Plaintiff was an employee of the Willow Point Nursing Home, an entity operated by the County of Broome. On January 28, 2008, Steven E. Hackley from Broome County Security went to Plaintiff's house and demanded that she return the $5.00 gift certificate that she allegedly stole from a Willow Point r... Walter RUSYNIAK; and Anthony Rusyniak, Plaintiffs, v. Ena Paola GENSINI; Gunilla De Montaigu; and Concha Futura, S.A., Defendants. , N.D.N.Y., October 30, 2009 Costello, Cooney & Fearon, PLLC, Robert M. Smith, Esq., Kristen L. Pickard, Esq., of Counsel, Syracuse, NY, for Plaintiffs. Hiscock & Barclay, LLP, Robert A. Barrer, Esq., of Counsel, Syracuse, NY, for Defendants Gunilla De Montaigu and Concha Futura, S.A. Greene, Hershdorfer & Sharpe, Victor J. Hershdorfer, Esq., of Counsel, Syracuse, NY, for Defendant Ena Paola Gensini. MEMORANDUM DECISION and ORDER GLENN T. SUDDABY, District Judge. Currently pending before the Court in the above-ca... Joseph W. GILBERT and Betty Gilbert, Plaintiffs, v. AGCO CORPORATION, et al., Defendants. , N.D.N.Y., October 30, 2009 DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. Plaintiff commenced the instant action in state court seeking to recover for personal injuries alleged to have been sustained from the exposure to asbestos. Defendant Detroit Corporation ("DDC") removed the claim against it to this Court pursuant to 28 U.S.C. § 1452(a). Presently before the Court is Plaintiff's motion to remand on the grounds that: (1) the removal was untimely; and (2) the Court lacks "related to" jurisdiction. I.... Edward BARROWS, Plaintiff, v. TRI-FINANCIAL, Defendant. , W.D.N.Y., October 30, 2009 DECISION AND ORDER WILLIAM M. SKRETNY, District Judge. I. INTRODUCTION On March 30, 2009, Plaintiff Edward Barrows commenced this action seeking to recover for alleged violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., by Defendant Tri-Financial. (Docket No. 1.) Defendant failed to plead or otherwise respond to this action. Consequently, the Clerk of the Court entered default on July 8, 2009. (Docket No. 5.) Presently before this Court is Plaintiff's M... Tiffany HILL, Plaintiff, v. KALEIDA HEALTH, Defendant. , W.D.N.Y., October 30, 2009 DECISION AND ORDER WILLIAM M. SKRETNY, District Judge. I. INTRODUCTION Plaintiff commenced this action pro se by filing a Complaint in this Court, alleging that her former employer, Defendant Kaleida Health, discriminated against her on the basis of race in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. ("Title VII"), and the New York Human Rights Law, as codified in the N.Y. Exec. Law §§ 296 et seq. ("NYHRL"). Defendant has moved for summary judgment. Plain... Bryan Holt HENDERSON, Plaintiff, v. EL SOL CONTRACTING & CONSTRUCTION CO., Defendant. , S.D.N.Y., October 30, 2009 Opinion & Order BARBARA S. JONES, District Judge. On September 17, 2009, Plaintiff moved for entry of a default judgment against Defendant. Pursuant to the Court's October 5, 2009 order, Thomas Hall filed a notice of appearance as counsel for Defendant and, on October 21, 2009, a cross-motion for an order pursuant to Fed.R.Civ.P. 55(c) and 60(b) setting aside Defendant's default in answering Plaintiff's complaint and allowing the nunc pro tunc service of Defendant's proposed answer. Plaint... Elvis MOTA, Petitioner, v. UNITED STATES of America, Respondent. , S.D.N.Y., October 30, 2009 ORDER RICHARD J. SULLIVAN, District Judge. This case was commenced on April 22, 2009, when Petitioner filed a pro se application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. However, because Petitioner challenged the legality of his conviction, the Court found that this pleading should be construed as a motion under 28 U.S.C. § 2255. By order dated June 25, 2009, Petitioner was given sixty days to submit either (1) an affirmation stating that he seeks to withdraw this action, (2)... Josephine CARONIA, Plaintiff v. HUSTEDT CHEVROLET, INC., et al., Defendants. , E.D.N.Y., October 30, 2009 ORDER HURLEY, Senior District Judge. Presently before the Court is a Report and Recommendation of Magistrate Judge Michael L. Orenstein, dated and filed October 5, 2009, recommending that plaintiff's application for preliminary injunctive relief be denied. No objections have been filed. Pursuant to 28 U.S.C. § 636(b) and Fed.R.Civ.P. 72, this Court has reviewed the Report and Recommendation for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, th... Monika LUKASIEWICZ-KRUK, Plaintiff, v. GREENPOINT YMCA and YMCA of Greater New York, Defendants. , E.D.N.Y., October 30, 2009 Monika Lukasiewicz-Kruk, Middle Village, NY, pro se. Jennifer Beth Courtian, Jackson Lewis, LLP, New York, NY, for Defendants. ORDER ROSS, District Judge. Plaintiff, Monica Lukasiewicz-Krul, brought this pro se action, alleging age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34, as amended ("ADEA") and gender and national origin discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et. seq. ("Title VII"), against her former... Gheorghe PETRE, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendants. , E.D.N.Y., October 30, 2009 Gheorghe Petre, Ridgewood, NY, pro se. Edward K Newman, United States Attorneys Office, Eastern District of New York, Brooklyn, NY. ORDER ROSS, District Judge. Plaintiff Gheorghe Petre, proceeding pro se, brought this action pursuant to 42 U.S.C. § 405(g), seeking judicial review of an adverse determination by an administrative law judge ("ALJ") denying his challenge to the amount of disability insurance benefits he receives under Section 223 of the Social Security Act. The defendant has... Hilario M. TAVERAS, Plaintiff, v. PEP BOYS, Defendant. , E.D.N.Y., October 30, 2009 MEMORANDUM DECISION AND ORDER COGAN, District Judge. Plaintiff pro se brings this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. Plaintiff claims that a supervisor made derogatory religious comments to him concerning his alleged status as an Eastern Orthodox Catholic priest. As part of this religious discrimination, plaintiff alleges that a company superior unreasonably delayed plaintiff's request to promote his assistant. His complaint may also involve all... Danielle BITON, Plaintiff, v. UNITED AIRLINES, AFA-AFL/CIO; Fidelity Insurance; Internal Revenue Service; Department of Justice, et al., Defendants. , E.D.N.Y., October 30, 2009 MEMORANDUM AND ORDER AMON, District Judge. On June 26, 2009, plaintiff filed this in forma pauperis action pro se. By Orders dated August 21, 2009 and September 23, 2009, plaintiff received two separate opportunities to amend her complaint. On October 13, 2009, plaintiff submitted a timely Second Amended Complaint in response to this Court's September 23, 2009 Order. For the reasons set forth below, the action is dismissed. After conducting a complete and liberal review of plaintiff's ... Andres D. ROJO, Plaintiff, v. DEUTSCHE BANK, Defendant. , S.D.N.Y., October 30, 2009 OPINION & ORDER Hon. HAROLD BAER, JR., District Judge. This action involves claims of fraudulent inducement, promissory estoppel, unjust enrichment and quantum meruit that arise from the employment of Plaintiff Andres B. Rojo ("Plaintiff" or "Rojo") at Defendant Deutsche Bank ("Deutsche Bank"). Before the Court are a multitude of motions and cross- motions relating to evidence and testimony sought to be introduced and/or precluded in the upcoming bench trial in this action. Specifically, Defe... LAWRENCE FRUMUSA LAND DEVELOPMENT, LLC v. Michael H. ARNOLD, Trustee, and Kathleen Schmitt, U.S. Trustee, Appellees. , W.D.N.Y., October 29, 2009 DECISION AND ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION Appellant Lawrence Frumusa Land Development LLC, purportedly proceeding "pro se," commenced the instant action to appeal an Order (Bankruptcy Case No. 09-21126-JCN, Bankruptcy Docket No. [# 147] ) of the Honorable John C. Ninfo, II, United States Bankruptcy Judge, which converted Appellant's Chapter 11 case to Chapter 7. Now before the Court are two applications by Appellant: 1) a motion [# 10] for a stay of the Chapt... Gloria SHEPHERD, Plaintiff, v. LAW OFFICES OF COHEN & SLAMOW1TZ, LLP, Defendant. , S.D.N.Y., October 29, 2009 DECISION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT AND TO COMPEL PLAINTIFF TO ACCEPT RULE 68 OFFER; SCHEDULING ORDER FOR THE COMPLETION OF TRIAL READINESS McMAHON, District Judge. In this action, brought under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., defendants move for summary judgment dismissing the complaint, pursuant to Fed.R.Civ.P. 12(b)(1) and (b)(3) and for an order compelling plaintiff to accept Defendant's offer judgment made pursuant to Fed.R.Civ.P. 68.... In re STATE STREET BANK AND TRUST CO. FIXED INCOME FUNDS INVESTMENT LITIGATION. Houston Police Officers' Pension System, Plaintiff, v. State Street Bank and Trust Co. and State Street Global Advisors, Inc., Defendants. , S.D.N.Y., October 29, 2009 MEMORANDUM AND ORDER DOUGLAS F. EATON, United States Magistrate Judge. In today's Memorandum and Order, I discuss the joint letter dated October 20, 2009 from Mr. Burford on behalf of plaintiff Houston Police Officers' Pension System ("HPOPS") and from Mr. Wolkoff on behalf of defendants State Street Bank and Trust Company and State Street Global Advisors, Inc. (collectively, "State Street"). Mr. Wolkoff has questioned Patrick Franey, the Chief Investment Officer of HPOPS, in three deposit... James A. SMITH, Plaintiff, v. Jean HUGHES, Don Le Brake, and, Harry, Buffardi, Defendants. , N.D.N.Y., October 29, 2009 DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. Plaintiff, a former inmate in the custody of the Schenectady County Jail brought the instant action pro se pursuant to 42 U.S.C. § 1983 alleging that: (1) he suffered cruel and unusual punishment; (2) he was denied due process; and (3) he was the victim of racial discrimination. Defendants, Jean Hughes (Hughes), Don Le Brake (LeBrake), and Harry Buffardi (Buffardi), filed this motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(5) and 1... MEE JIN-JO, Plaintiff, v. JPMC SPECIALTY MORTGAGE LLC, Defendant. , W.D.N.Y., October 29, 2009 REPORT, RECOMMENDATION AND ORDER JEREMIAH J. McCARTHY, United States Magistrate Judge. This case was referred to me by Hon. Richard J. Arcara for supervision of pretrial proceedings in accordance with 28 U.S.C. § 636(b)(1) [68]. [FN1] Before me is defendant's motion to set aside the entry of default [79], plaintiff's motions to recuse [83], to compel a prohibitory injunction [88], and to nullify defendant's answer [89]. Oral argument was held before me on October 15, 2009. [FN2] FN1. Bracket... Chiemene JENKINS, Plaintiff, v. ST. LUKE'S-ROOSEVELT HOSPITAL CENTER, 1199SEIU, and Joseph Davis, Defendants. , S.D.N.Y., October 29, 2009 DECISION & ORDER RICHARD M. BERMAN, District Judge. I. Introduction On or about January 2, 2009, Plaintiff Chiemene Jenkins ("Plaintiff" or "Jenkins") filed a Verified Complaint ("Complaint") pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000 et seq. ("Title VII"), and corresponding provisions of the New York State and New York City Human Rights Laws (the "NYSHRL" and "NYCHRL," respectively), against St. Luke's-Roosevelt Hospital Center ("St. Luke's" or the "... UNITED STATES of America, v. Grant Level BLAIR, Defendant. , W.D.N.Y., October 29, 2009 DECISION AND ORDER RICHARD J. ARCARA, Chief Judge. INTRODUCTION Following his plea of guilty to misprision of a felony in violation of 18 U.S.C. § 4, defendant Grant Blair was sentenced by this Court to a term of 36 months of incarceration to be followed by one year of supervised release. The defendant's supervised release period commenced on February 5, 2009, and the defendant was permitted to move to California to be supervised by the probation office for the Central District of Califor... Milton SANTIAGO, Plaintiff, v. Gerald CONIGLIO, Defendant. , W.D.N.Y., October 29, 2009 DECISION AND ORDER JEREMIAH J. McCARTHY, United States Magistrate Judge. In accordance with 28 U.S.C. § 636(c), the parties have consented to jurisdiction by a United States Magistrate Judge [25]. [FN1] Before me are defendant's motions for summary judgment [26] and for an extension to file a reply [36]. For the following reasons, defendant's motions are GRANTED. FN1. Bracketed references are to the CM/ECF docket entries. BACKGROUND Plaintiff commenced this 42 U.S.C. § 1983 act... Scott E. WOODWORTH and Lynn M. Woodworth, Plaintiffs, v. ERIE INSURANCE COMPANY, Defendant. , W.D.N.Y., October 29, 2009 Howard E. Berger, Esq., Duke, Holzman, Photiadis & Gresens, LLP, Buffalo, NY, for Plaintiffs. R. Anthony Rupp, III, Esq., Marco Cercone, Esq., Rupp, Baase, Pfalgraf, Cunningham & Coppola LLC, Buffalo, NY, for Defendant. DECISION AND ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION This action involves a dispute between the parties to a homeowner's insurance policy over the amount due to Plaintiffs after their home was destroyed by a propane gas explosion. Now before the Cour... Alan VERHOW, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.N.Y., October 29, 2009 William J. McDonald Jr., Esq., Bond and McDonald, Geneva, NY, for Plaintiff. Christopher V. Taffe, A.U.S.A., John J. Field, A.U.S.A., Rochester, NY, for Defendant. DECISION and ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION Siragusa, J. This is an action brought pursuant to 42 U.S.C. § 405(g) to review the final determination of the Commissioner of Social Security ("Commissioner"), which denied the application of plaintiff Alan Verhow ("Plaintiff") for disability insurance be... Sandra D. ELLIS, Plaintiff, v. DELPHI CORPORATION, Defendant. , W.D.N.Y., October 29, 2009 DECISION and ORDER MICHAEL A. TELESCA, District Judge. INTRODUCTION Plaintiff Sandra D. Ellis ("plaintiff"), proceeding pro se, filed this action on April 30, 2009 alleging that her former employer and defendant, Delphi Corporation ("defendant" and/or "Delphi") subjected her to workplace discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. ("Title VII"), the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. ("ADEA") and the Am... BUFFALO LABORERS' WELFARE FUND, et al., Plaintiffs, v. MCS REMEDIAL SERVICES, INC., Defendant. , W.D.N.Y., October 29, 2009 Andrew A. Gorlick, Gorlick, Kravitz & Listhaus, P.C., New York, NY, for Plaintiffs. David Ross Pfalzgraf, Jr., Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo, NY, for Defendant. JOHN T. CURTIN, District Judge. In a decision and order dated March 31, 2008 (Item 41), this court determined that defendant was obligated to contribute to the plaintiff employee benefit funds pursuant to the applicable project labor agreement ("PLA"), collective bargaining agreement ("CBA"), and the... Sara DELENA, Plaintiff, v. VERIZON NEW YORK INC., Defendant. , W.D.N.Y., October 29, 2009 JOHN T. CURTIN, District Judge. On July 24, 2009, defendant filed a motion for reconsideration (Item 100) of the court's decision and order of October 10, 2007 (Item 84) in which defendant's motion for summary judgment was granted in part and denied with respect to plaintiff's hostile work environment claim. The current motion is based on the Second Circuit's recent decision in Byrne v. Telesector Resources Group, Inc., 2009 WL 2019951 (2d Cir.2009). In that case, plaintiff Byrne appealed fro... Jose TORRES, Plaintiff, v. Sergeant CARRY et al., Defendants. , S.D.N.Y., October 29, 2009 Jose Torres, Fallsburg, NY, pro se. Inna Reznik, Attorney General of the State of New York, New York, NY, for Defendants. DECISION AND ORDER VICTOR MARRERO, District Judge. By Decision and Order dated October 19, 2009 (the "October 19 Decision and Order") [FN1], the Court granted without prejudice the motion to dismiss of defendants Sergeant Daniel P. Carey, sued as "Sergeant Carry," and Green Haven Correctional Facility ("Defendants"). The Court also ordered Defendants to forward a cop... Dale A. NEASON, Plaintiff, v. Officer Thomas MORAN; Officer Ronald Clark, III; Officer Mark Goodspeed; Officer Maryellen Sawick; Officer Joy Jermaine; Honorable Judge Fiorella, City Court Judge; Assistant DA Mr. Eugene Patridge; and Honorable Judge, W.D.N.Y., October 29, 2009 DECISION AND ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION Plaintiff, Dale A. Neason, an inmate of the Erie County Correctional Facility, has filed an amended complaint at the direction of the Court (Docket No. 5). Plaintiff was directed to address specific questions. Plaintiff claims that the defendants, Officers Thomas Moran, Ronald Clark III, Mark Goodspeed, Maryellen Sawick and Joy Jermaine, City Court Judge Fiorella, Assisitant District Attorney Patridge and Supreme Court Ju... Pam PANZARINO, Plaintiff, v. DELOITTE & TOUCHE LLP, Defendant. , S.D.N.Y., October 29, 2009 Opinion & Order BARBARA S. JONES, District Judge. On October 3, 2005, Plaintiff Pam Panzarino ("Plaintiff") filed suit against Defendant Deloitte & Touche LLP ("Defendant" or "Deloitte") asserting claims arising out of her employment with and subsequent termination from Deloitte's Business Intelligence Services Group. Before the Court is Defendant's Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons set forth below, Defendant's motion is G... Gary LaBARBERA, Thomas Gesualdi, Louis Bisignano, Anthony Pirozzi, Dominick Marrocco, Frank Finkel, Joseph Ferrara, Marc Herbst, Thomas Piali and Denise Richardson, as Trustees and Fiduciaries of the Local 282 Welfare, Pension, Annuity, Job Training,, E.D.N.Y., October 29, 2009 Douglas Levi Sanders, Friedman & Wolf, New York, NY, for Plaintiffs. DECISION and ORDER VITALIANO, District Judge. Plaintiffs, Trustees and Fiduciaries of the Local 282 Welfare, Pension, Annuity, Job Training, and Vacation and Sick Leave Trust Funds, bring this E.R.I.S.A. action to collect allegedly delinquent contributions owed by defendant VLFl 1 Management Corp. On August 20, 2009, Magistrate Judge Marilyn D. Go issued a Report and Recommendation that the Court strike the answer of defen... Timothy J. TAYLOR, Plaintiff, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES; D. Eaton, Senior Corrections Counselor, Gowanda Correctional Facility; Jack Fix, Corrections Counselor, Gowanda Correctional Facility; George Pundt, Correctional C, N.D.N.Y., October 29, 2009 Timothy J. Taylor, Marcy, NY, pro se. Hon. Andrew M. Cuomo, Attorney General of the State of New York, Christina L. Roberts-Ryba, Esq., Assistant Attorney General, Albany, NY, for Defendants. MEMORANDUM-DECISION AND ORDER Hon. NORMAN A. MORDUE, Chief Judge. Plaintiff, an inmate in the custody of the New York State Department of Correctional Services ("DOCS"), brought this action under 42 U.S.C. § 1983, claiming various constitutional deprivations in connection with his participation in DOCS... DLJ MORTGAGE CAPITAL INC., Plaintiff, v. HOME LOAN CORP., Defendant. , S.D.N.Y., October 29, 2009 Allan Noel Taffet, Joshua C. Klein, Duval & Stachenfeld LLP, New York, NY, for Plaintiff. DECISION AND ORDER VICTOR MARRERO, District Judge. Plaintiff DLJ Mortgage Capital, Inc. ("DLJ") brought this action against defendant Home Loan Corporation ("Home Loan") invoking the Court's diversity of citizenship jurisdiction and alleging breach of contract under New York state law. The suit arises from certain mortgage loan purchase agreements pursuant to which DLJ acquired a substantial number of ... Ian FELMINE, Plaintiff, v. CITY OF NEW YORK, et al., Defendants. , E.D.N.Y., October 29, 2009 Ugochukwu Uzoh, Ugochukwu Uzoh & Associates, Brooklyn, NY, for Plaintiff. Morgan David Kunz, New York City Law Department, New York, NY, for Defendant. MEMORANDUM AND ORDER JAMES ORENSTEIN, United States Magistrate Judge. Plaintiff Ian Felmine ("Felmine") seeks an order unsealing portions of the state grand jury proceedings in the criminal prosecution that underlies the instant federal civil rights litigation. See Docket Entry ("DE") 9. Specifically, Felmine asks the court to compel the ... Anthony PHILLIPS, et al., Plaintiffs, v. CITY OF NEW YORK, et al., Defendants. , E.D.N.Y., October 29, 2009 Michael W. Warren, Evelyn W. Warren, Michael W. Warren, P.C., Brooklyn, NY, for Plaintiffs. Brian G. Maxey, Jennifer Lindsay Rubin, Prathyusha Bandi Reddy, NYC Law Department--Office of The Corporation Counsel, New York, NY, for Defendants. SUMMARY ORDER ON BIFURCATION RAMON E. REYES, JR., United States Magistrate Judge. Trial in this matter is scheduled to begin on November 4, 2009. Before the Court is the parties' dispute as to whether the trial will be bifurcated. Defendants request t... H & H ACQUISITION CORPORATION, individually and on behalf of Financial Intranet, Inc., Plaintiff, v. FINANCIAL INTRANET HOLDINGS, Financial Intranet, Inc., Ben B. Stein, Interwest Transfer Company, Steven A. Sanders, Michael Sheppard, Maura Marx, H, S.D.N.Y., October 29, 2009 OPINION AND ORDER BARBARA S. JONES, District Judge. On July 23, 1998 Plaintiff H & H Acquisition Corporation ("Plaintiff" or "H & H") filed a complaint (the "Complaint") alleging claims arising out of a 1997 stock transaction between Plaintiff and Ben B. Stein ("Stein"). Before the Court is Defendants Steven A. Sanders ("Defendant Sanders"), Law Office of Steven A. Sanders ("Defendant Law Office"), and Beckman, Millman & Sanders, LLP's ("Defendant BMS") (collectively, "Defendants") Motion for... John PADILLA, Plaintiff, v. MAERSK LINE, LTD., Defendant. , S.D.N.Y., October 29, 2009 MEMORANDUM OPINION AND ORDER THEODORE H. KATZ, United States Magistrate Judge. Plaintiff John Padilla brought this action against Defendant Maersk Line, Ltd. ("Maersk"), on behalf of himself and a proposed class of similarly- situated seamen. Plaintiff claimed the right to unearned wages that included overtime wages, under general maritime law. Specifically, the Complaint alleges that after seamen working for Maersk suffered illness or injury, they were paid unearned wages until the end of th... Glenn STORMAN, Plaintiff, v. Joel I. KLEIN, et al., Defendants. , S.D.N.Y., October 29, 2009 ORDER SIDNEY H. STEIN, District Judge. On September 21, 2009, Magistrate Judge Andrew J. Peck issued a Report and Recommendation recommending that the Court grant summary judgment for defendants on consent and dismiss the complaint in its entirety. The Court has received plaintiff's objections dated October 22, 2009. After a de novo review of both the Report and Recommendation and plaintiff's objections, IT IS HEREBY ORDERED that Magistrate Judge Peck's Report and Recommendation is adopted... A.M. KAGAN, Plaintiff, v. UNUM PROVIDENT, Defendants. , S.D.N.Y., October 29, 2009 DECISION AND ORDER GEORGE A. YANTHIS, United States Magistrate Judge. I. BACKGROUND Plaintiff A.M. Kagan brings this action pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001, et seq. Presently, plaintiff seeks an order from this Court compelling defendant Unum Provident to (1) respond to interrogatories; (2) produce a witness pursuant to plaintiff's Rule 30(b)(6) of the Federal Rules of Civil Procedure deposition notice; and (3) answer questions in c... PAYLESS SHOESOURCE, INC., Plaintiff, v. AVALON FUNDING CORPORATION, et al., Defendants. , E.D.N.Y., October 29, 2009 Anthony W. Eckert, III, Esq., Of Counsel, Kaplan, Massamillo & Andrews LLC, New York, NY, for Plaintiff. Mark T. Kearney, Esq., Of Counsel, Smith, Chapman & Campbell PC, Santa Ana, CA, for Defendant Avalon Funding Corporation. Bryon L. Friedman, Esq., Of Counsel, Littleton Joyce Ughetta Park & Kelly LLP, Purchase, NY, for Defendant Avalon Funding Corporation. Stephen R. Angel, Esq., Of Counsel, Esseks, Hefter & Angel, LLC, Riverhead, NY, for Defendant Cleanway Industries, Inc. Fusion... Pedro MOTA, Petitioner, v. Ekpe D. EKPE, Superintendent of Watertown Correctional Facility, Respondent. , S.D.N.Y., October 28, 2009 DECISION & ORDER RICHARD M. BERMAN, District Judge. I. Background On or about April 1, 2008, Pedro Mota ("Petitioner"), proceeding pro se, filed a petition for a writ of habeas corpus ("Petition") pursuant to 28 U.S.C. § 2254 against Ekpe D. Ekpe, Superintendent of Watertown Correctional Facility ("Respondent"), challenging his conviction on October 9, 2003 following a jury trial in New York State Supreme Court, New York County, of criminal possession of a controlled substance in the first de... David KIRTON, Petitioner, v. Robert ERCOLE, Superintendent, Respondent. , N.D.N.Y., October 28, 2009 David Kirton, pro se. Hon. Andrew M. Cuomo, New York State Attorney General, Thomas B. Litsky, Esq., Assistant Attorney General, of Counsel, New York, N.Y. for Respondent. MEMORANDUM-DECISION AND ORDER DAVID N. HURD, District Judge. I. Background A. State Court Proceedings According to the evidence adduced at trial, at about 4:15 p.m. on May 11, 2000, two robbers, wearing dark clothing with their faces obstructed by a ski mask or a hood, entered the London Plaza branch office of Trustco ... Mark W. SWIMELAR, in His Official Capacity as Chapter 13 Trustee, Appellant/Trustee, v. William Wesley BAKER, d/b/a The Stage Door, Appellee/Debtor. , N.D.N.Y., October 28, 2009 Office of Mark W. Swimelar, Standing Chapter 12 and 13 Trustee, Maxsen D. Champion, Esq., Staff Attorney, of Counsel, Syracuse, NY, for Appellant/Trustee. Office of Anthony P. Inserra, Anthony P. Inserra, Esq., of Counsel, Watertown, NY, for Appellee/Debtor. MEMORANDUM DECISION and ORDER Hon. GLENN T. SUDDABY, District Judge. The above-captioned action is a bankruptcy appeal, filed by Mark W. Swimelar in his official capacity as Chapter 13 Trustee ("Trustee"), from a Decision and Order i... UNITED STATES of America v. Brian JONES, Defendant. , N.D.N.Y., October 28, 2009 Office of The United States Attorney, John G. Duncan, AUSA, of Counsel, Syracuse, NY, for the United States. Brian K. Jones, Ray Brook, NY, pro se. ORDER SCULLIN, Senior District Judge. Currently before the Court is Defendant's motion seeking modification of his sentence based upon the 2007 retroactive amendment (Amendment 706) to the drug quantity table relating to cocaine (crack) offenses. See Dkt. No. 50. The Government opposes this motion on the ground that it is moot. See Dkt. No. 5... Victor L. YOUNG, Sr., Plaintiff, v. CITY OF SYRACUSE DEPARTMENT OF PUBLIC WORKS/MANAGEMENT, Jeffrey Lopes, Jeffrey Wright and John Walsh, Defendants. , N.D.N.Y., October 28, 2009 Victor L. Young, Sr., pro se. Corporation Counsel, City of Syracuse, Joseph Francis Bergh, Esq., of counsel, Syracuse, NY, for Defendants. MEMORANDUM-DECISION AND ORDER Hon. NORMAN A. MORDUE, Chief Judge. Defendants move (Dkt. No. 59) to dismiss the fourth amended complaint without prejudice under Fed.R.Civ.P. 8(a)(2). Defendants contend that the pleading fails to give them "fair notice of what the ... claim is and the grounds upon which it rests." Bell Atlantic Corp. v. Twombly, 550 U.S... Dominick DE DEO, Petitioner, v. W. BROWN, Superintendent, Respondent. , N.D.N.Y., October 28, 2009 Dominick De Deo, pro se. Hon. Andrew Cuomo, New York State Attorney General, Lisa E. Fleischman, Esq., Assistant Attorney General, of Counsel, New York, NY, for the Respondent. DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. Presently before this Court is a motion filed by petitioner, pro se Dominick De Deo that seeks reconsideration of this Court's August 20, 2009 Order which, inter alia, denied De Deo's motion seeking appointment of counsel. See Dkt. No. 8 ("Motion for Reco... WILLIAMS ADVANCED MATERIALS, INC., Plaintiff, v. TARGET TECHNOLOGY COMPANY, LLC, Defendant and Third-Party Plaintiff, v. Cinram International, Inc., et al., Third-Party Defendants. , W.D.N.Y., October 28, 2009 REPORT, RECOMMENDATION AND ORDER JEREMIAH J. McCARTHY, United States Magistrate Judge. Before me is the motion of plaintiff Williams Advanced Materials, Inc. and various third-party defendants (collectively referred to as the "Williams Parties") to dismiss the patent infringement claims and counterclaims of defendant and third-party plaintiff Target Technology Company, LLC ("Target"), based upon lack of standing and litigation misconduct [255] [FN1]. That motion, in which third-party defenda... Robert M. IRVINE, Jr., Petitioner, v. Timothy MURRAY, Superintendent of Wyoming Correctional Facility, Respondent. , W.D.N.Y., October 28, 2009 Robert M. Irvine, Jr. Gowanda, NY, pro se. Kimberly T. Morgan, Office of New York State Attorney General, New York, NY, for Respondent. ORDER MICHAEL A. TELESCA, District Judge. I. Introduction Petitioner Robert M. Irvine, Jr. ("petitioner") filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his conviction in Wyoming County Court of Rape in the First Degree (New York Penal Law § 130.35[1] ). Following a guilty plea before Judge Michael Griffith,... Tyler SCHESSL, an infant by his mother and natural guardian, Dawn SCHESSL, and Dawn Schessl, individually, Plaintiffs, v. FRANKLIN SPORTING INDUSTRIES, Defendants. Franklin Sports, Plaintiffs, v. Judi Coms, Frank Coms, Patty Cameron, Evan Camero, W.D.N.Y., October 28, 2009 Andres F. Alonso, Raymond C. Silverman, Parker, Waichman, Alonso, LLP, Great Neck, NY, for Plaintiffs. Harry F. Mooney, Hurwitz & Fine, P.C., Neil A. Goldberg, Goldberg Segalla LLP, Buffalo, NY, for Defendants. Harry F. Mooney, Hurwitz & Fine, P.C., Buffalo, NY, Neil A. Goldberg, Goldberg Segalla LLP, Buffalo, NY, for Plaintiffs. Sandra L. Bonder, Shapiro, Beilly, Rosenberg & Aronowitz, LLP, New York, NY, Destin Ciotoli Santacrose, Lawrence M. Rubin, Destin Ciotoli Santacrose, Law Offices ... Dale MAHONEY, Petitioner, v. Israel RIVERA, Superintendent, Coxsackie Correctional Facility, Respondent. , W.D.N.Y., October 28, 2009 Dale Mahoney, Coxsackie, NY, pro se. Loretta S. Courtney, Rochester, NY, for Respondent. DECISION AND ORDER MICHAEL A. TELESCA, District Judge. I. Introduction Pro se petitioner Dale Mahoney ("Petitioner") has filed a timely petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the constitutionality of his custody pursuant to a judgment entered April 9, 2002, in Supreme Court, Monroe County, State of New York, convicting him, after a jury trial, of Manslaughter in the F... Dwight DILBERT, Petitioner, v. James T. CONWAY, Superintendent, Attica Correctional Facility, Respondent. , W.D.N.Y., October 28, 2009 DECISION AND ORDER MICHAEL A. TELESCA, District Judge. I. INTRODUCTION Petitioner, Dwight Dilbert ("Petitioner" or "Dilbert"), filed a timely petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging the constitutionality of his conviction. Petitioner was convicted, following a jury trial, of depraved indifference murder (N.Y. Penal Law ("Penal Law") § 125.25[2] ), and aggravated criminal contempt (Penal Law 215.52). Judgment was entered on May 24, 2001, in New York Supre... BIO HI-TECH CO., LTD., Plaintiff, v. COMAX, INC. and Tony Park, Defendants. , E.D.N.Y., October 28, 2009 Andrew A. Kimler, Vishnick Mcgovern Milizio LLP, Lake Success, NY, B.J. Kim, Kim & Bae, P.C., New York, NY, for Plaintiff. ORDER ADOPTING REPORT & RECOMMENDATION MAUSKOPF, District Judge. By Order dated August 18, 2008, this Court granted default judgment against Defendants Comax, Inc. and Tony Park in the above captioned action [docket entry 33]. The matter was subsequently referred to Magistrate Judge Cheryl L. Pollak for an inquest and Report & Recommendation ("R & R") on the issue of da... Amir ROSENTHAL, Petitioner, v. J.M. KILLIAN, Warden FCI Otisville, Respondent. , S.D.N.Y., October 28, 2009 DECISION AND ORDER VICTOR MARRERO, District Judge. Pro se petitioner Amir Rosenthal ("Rosenthal"), a federal inmate currently housed by the Federal Bureau of Prisons ("BOP") at a Residential Reentry Center ("RRC") [FN1] in the Bronx, New York, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (" § 2241"). Rosenthal asserts that the BOP's application of 18 U.S.C. §§ 3621(b) and 3624(c) in determining his eligibility for placement in a RRC was improper. Rosenthal brings this action ag... Jesse ROSEN, Plaintiff, v. The CITY OF NEW YORK et al., Defendants. , S.D.N.Y., October 28, 2009 DECISION AND ORDER VICTOR MARRERO, District Judge. Plaintiff Jesse Rosen ("Rosen") brought this action against defendants the City of New York (the "City"); New York City Health and Hospitals Corporation; Prison Health Services, Inc.; New York City Department of Correction Commissioner Martin Horn ("Horn"); Corrections Officer Dennis Hlatky ("Hlatky"); Captain Yvette Ballard ("Ballard"); and John Doe, M.D., name being fictitious and unknown (collectively "Defendants"), claiming that Defendant... IDEA NUOVA, INC., Plaintiff-Respondent, v. GM LICENSING GROUP, INC., Defendant-Petitioner. , S.D.N.Y., October 28, 2009 John P. Bostany, The Bostany Law Firm, NY, NY, for Plaintiff-Respondent. James P. Cinque, Cinque and Cinque, NY, NY, for Defendant-Petitioner. CORRECTED ORDER P. KEVIN CASTEL, District Judge. I have reviewed the submissions of petitioner, including the declaration and memorandum of law. Under the authority of CPLR § 5240, I will limit the use of CPLR § 5222 restraining notices (assuming arguendo that their use would be lawful in this case) and vacate any notices heretofore served. The ab... Eryk WOMOCZYL and Ewa Womoczyl, Plaintiff, v. MERCEDES-BENZ USA, LLC, Defendant. , E.D.N.Y., October 28, 2009 Sergei Lemberg, Lemberg & Associates L.L.C., Stamford, CT, for Plaintiff. Scott Christopher Tuttle, McManus, Collura & Richter P.C., New York, NY, for Defendant. ORDER A. KATHLEEN TOMLINSON, United States Magistrate Judge. Plaintiffs Eryk Womoczyl and Ewa Womoczyl ("Plaintiffs") bring this action for breaches of warranty under federal and New York state law alleging defects in a car which they purchased, and which was manufactured by Defendant Mercedes-Benz USA, LLC ("Defendant" or "Merc... TRUSTEES OF THE ROAD CARRIERS LOCAL 707 WELFARE FUND, Plaintiff, v. Harvey N. GOLDBERG, Defendants. , E.D.N.Y., October 28, 2009 ORDER ADOPTING REPORT & RECOMMENDATION MAUSKOPF, District Judge. On August 15, 2009, this Court entered default judgment against the Defendant in the above captioned matter [docket entry 7]. The matter was subsequently referred to Magistrate Judge Marilyn D. Go for a report and recommendation ("R & R") concerning damages [id.]. On September 25, 2009, the Magistrate Judge issued an R & R [docket entry 11] recommending that Plaintiff be awarded the following relief: $23,218.00 for losses to the... Gary LABARBERA and Frank Finkel, Trustees of Local 282 International Brotherhood of Teamsters Welfare, Pension, Annuity, Job Training and Vacation Sick Leave Trust Funds, Plaintiffs, v. AVALINE TRUCKING INC. and Sharon May Wilby d/b/a Avaline Truck, E.D.N.Y., October 28, 2009 MEMORANDUM AND ORDER GERSHON, District Judge. No objections having been filed, the unopposed Report and Recommendation of Judge Steven M. Gold, is hereby adopted in its entirety. The Court directs that the claims against defendant Avaline Trucking Inc. be dismissed, and that judgment be entered against defendant Sharon May Wilby in the following amounts: $114.08 in interest, $362.30 in liquidated damages, $4,324.00 in legal fees, and $567.25 in costs. All other requests for relief are deni... Almanette MARTIN, Plaintiff, v. QUEENS COUNTY CIVIL COURT and New York State Office of Court Administration, Defendants. [FN1]FN1. While plaintiff names two defendants in the caption, the New York State Office of Court Administration is plaintiff's, E.D.N.Y., October 28, 2009 ORDER ADOPTING REPORT & RECOMMENDATION MAUSKOPF, District Judge. Pro se Plaintiff Almanette Martin commenced the instant action alleging various violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. Defendants moved for summary judgment pursuant to Federal Rule of Civil Procedure 56. Pursuant to this Court's authority under 28 U.S.C. § 636(b), that motion was respectfully referred to Magistrate Judge Lois Bloom for report and recommendation ("R & R"), which R & R issued ... Louis A. TERMINELLO, Michael Miller, Paradise Homeowners Association, Hoa of Piermont Landing, Reeds & Abbottsford Gate Condominium, DeVries Point Condominium, and Paradise Harbor at Piermont Landing Condominium, Plaintiffs, v. The VILLAGE OF PIERM, S.D.N.Y., October 28, 2009 [Remanding to state court for want of subject matter jurisdiction .] Feerick Lynch MacCartney PLLC, (Dennis E.A. Lynch), for Plaintiffs. Rutherford & Christie, LLP, (Julie A. Rivera and Lewis R Silverman), for Defendants. MEMORANDUM AND ORDER DONALD C. POGUE, District Judge. [FN6] FN6. Sitting by designation. POGUE, Judge: This Order remands the captioned action to the Supreme Court of the State of New York, County of Rockland, for further proceedings. The action is brought by condominiu... UNITED STATES of America, v. Luciano Antonia DEJESUS-QUEZADA, Defendant. , S.D.N.Y., October 28, 2009 Niketh Varadaraj Velamoor, United States Attorney, New York, NY, for United States of America. Peggy M. Cross, Federal Defenders of New York Inc., New York, NY, for Defendant. MEMORANDUM ORDER JED S. RAKOFF, District Judge. This Memorandum Order resolves certain disputes between the parties as to the treatment to be given to defendant's prior foreign conviction for sentencing purposes in the instant case. For the following reasons, the Court determines that defendant's foreign conviction... UNITED STATES of America v. Emanuel GULLATTI, Defendant. , S.D.N.Y., October 28, 2009 MEMORANDUM OPINION AND ORDER JOHN G. KOELTL, District Judge. The pro-se defendant, Emanuel Gullatt (a/k/a "Emanuel Gullatti"), moves for the Court to correct an alleged clerical error in the judgment entered against him pursuant to Federal Rule of Criminal Procedure 36. This Court sentenced Gullatt principally to 60 months imprisonment on November 2, 2007. At the sentencing hearing, the Court recommended to the Bureau of Prisons that the defendant receive credit for all time spent in a federa... In re M/V DG HARMONY. , S.D.N.Y., October 28, 2009 Lovejoy & Associates, LLC, by: Frederick A. Lovejoy, Easton, CT, for Oriental Fire & Marine Insurance Co., Ltd. DLA Piper U.S. LLP, by: Stanley McDermott III, New York, NY, for PPG Industries, Inc. MEMORANDUM DECISION CHIN, District Judge. This case arises out of the 1998 loss of the M/V DG HARMONY. All cargo and container claimants have stipulated with PPG Industries Inc. ("PPG") as to the amounts of their claims with one exception: a claim for the loss of cargo containers asserted by O... Barry BRODSKY, individually and on behalf of others similarly situated, Plaintiff, v. MATCH.COM LLC, et al., Defendants. , S.D.N.Y., October 28, 2009 Norah Hart, Esq., Treuhaft & Zakarin LLP, New York, NY, for Plaintiffs. John R. Cuti, Esq., Davis Wright Tremaine LLP, New York, NY, for Defendants. MEMORANDUM and ORDER NAOMI REICE BUCHWALD, District Judge. The instant motion relates to a purported class action brought by plaintiffs, [FN1] former subscribers of Match.com, the online dating website, against defendantsMatch.com LLC ("Match") and IAC/InterActiveCorp ("IAC") alleging various causes of action arising from plaintiffs' experie... AMERICAN AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. ADVEST, INC., Defendant. , S.D.N.Y., October 28, 2009 Concepcion Montoya, Douglas A, Johns, Paulette S. Sarp, Hinshaw & Culbertson LLP, for Plaintiff. Angela M. Scafuri, Bressler, Amery & Ross, for Defendant/Counterclaimant. MEMORANDUM OPINION LEWIS A. KAPLAN, District Judge. Advest, Inc. ("Advest"), a registered broker-dealer, counterclaims against plaintiff, American Automobile Insurance Company ("AAIC") for damages and a declaration that Advest is entitled to coverage under AAIC Insurance Policy No. 8-17 ME 07318171 for Advest's costs of... SOKOL HOLDINGS, INC., Brian Savage, and Thomas Sinclair, Plaintiffs, v. BMB MUNAI, INC., Alexandre Agaian, Bakhytbek Baiseitov, Georges Benarroch, Boris Cherdabayev, Mirgali Kunayev, Credifinance, Capital, Inc., and Credifinance Securities, Ltd, De, S.D.N.Y., October 28, 2009 OPINION AND ORDER ON PLAINTIFFS' LIMITED OBJECTIONS TO MAGISTRATE'S ORDER ON MOTION FOR LEAVE TO AMEND PLEADINGS KIMBA M. WOOD, District Judge. I. Introduction Plaintiffs Sokol Holdings, Inc., Brian Savage, and Thomas Sinclair (collectively "Plaintiffs") submit objections to the Memorandum and Opinion of Magistrate Judge Freeman, dated August 14, 2009, which granted in part and denied in part their motion for leave to amend their Second Amended Complaint. The Magistrate Judge granted Plainti... In re SEPTEMBER 11 LITIGATION. Cantor Fitzgerald & Co., et al., Plaintiffs, v. American Airlines, Inc., et al., Defendants. , S.D.N.Y., October 28, 2009 OPINION AND ORDER GRANTING MOTION TO DROP PARTIES AND DENYING MOTION TO ADD PARTIES ALVIN K. HELLERSTEIN, District Judge. Cantor Fitzgerald & Co. and affiliated plaintiffs move to amend their complaint pursuant to Fed R. Civ. P. 15 to add and subtract defendants. They move to add claims against Globe Aviation Services Corp., Globe Airport Security Services, Inc., Burns International Security Services Corp., Burns International Services Corp., Pinkerton's Inc., and Securitas A.B. (collectively... Herbert WASHINGTON, Petitioner, v. Lawrence SPEARS, Superintendent, and Division of Parole, New York State, Respondents. , S.D.N.Y., October 28, 2009 Herbert Washington, Bronx, NY, pro se. Priscilla Steward, Assistant Attorney General, Office of the Attorney General of the State of New York, New York, NY, for Respondents. OPINION & ORDER DENISE COTE, District Judge. On September 26, 2007, pro se petitioner Herbert Washington ("Washington") filed an amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his petition, Washington claimed that he was deprived of due process and equal protection when his parole was ... SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. Michael STRAUSS, Stephen Hozie, and Robert Bernstein, Defendants. , S.D.N.Y., October 28, 2009 OPINION AND ORDER PITMAN, United States Magistrate Judge. I. Introduction I write to resolve two pending discovery disputes between the parties: (1) defendant Stephen Hozie's application to compel plaintiff Securities and Exchange Commission ("SEC") to produce notes taken by SEC staff of memoranda of witness interviews prepared by the FBI, as well as notes and memoranda of other witness interviews, and (2) Hozie's application to compel the SEC to grant him access to a database of work papers... In re STATE STREET BANK AND TRUST CO. ERISA LITIGATION. This document relates to: 07 Civ. 9319, 07 Civ. 9687, 08 Civ. 0265. , S.D.N.Y., October 28, 2009 MEMORANDUM OPINION AND ORDER RICHARD J. HOLWELL, District Judge. This is a consolidated group of class actions brought pursuant to sections 409(a) and 502(a)(2) and (3) of the Employee Retirement Income Security Act of 1974 ("ERISA"). Lead plaintiffs are, and seek to represent a class of, ERISA plans that invested in certain bond funds managed by defendant State Street Bank and Trust Co. ("State Street"). Plaintiffs allege that defendant's risky, undisclosed investment strategies, including h... Dennis WADE; Denise Wade; and Motorists Mutual Insurance Co., Plaintiffs, v. TIFFIN MOTORHOMES, INC., Defendant. , N.D.N.Y., October 27, 2009 Cozen O'Connor, Georgia S. Foerstner, Esq., of Counsel, Philadelphia, PA, for Plaintiffs. Iseman, Cunningham, Riester & Hyde, LLP, Brian M. Culnan, Esq., of Counsel, Albany, NY, for Defendant. DECISION and ORDER Hon. GLENN T. SUDDABY, District Judge. Currently pending before the Court in this products liability action filed by Dennis and Denise Wade ("Plaintiffs Wade") and Motorists Insurance Company ("Plaintiff Motorists") is a motion for summary judgment filed by Tiffin Motorhomes, Inc... UNITED STATES of America, Plaintiff, v. Scott F. FRANKLIN, Defendant. , E.D.N.Y., October 27, 2009 Douglas M. Fisher, Esq., Solomon & Solomon P.C., Albany, NY, for Plaintiff. No appearance for Defendant. MEMORANDUM & ORDER SEYBERT, District Judge. Pending before the Court is a motion by Plaintiff, United States of America, for entry of a default judgment against Defendant, Scott F. Franklin ("Franklin"). For the reasons that follow, Plaintiff's motion is GRANTED. BACKGROUND On March 12, 2009, Plaintiff commenced this action against Franklin for unpaid student loan payments. Thereaft... GEM ADVISORS, INC., Plaintiff, v. CORPORACION SIDENOR, S.A. and Industrias Ferricas Del Norte, S.A., Defendants. , S.D.N.Y., October 27, 2009 August C. Venturini and Sean W. Higgins, New York, NY, for Plaintiff Gem Advisors, Inc. Stephen M. Harnik, Harnik Wilker & Finkelstein LLP, New York, NY, for Defendant Sidenor. Charles L. Rosenzweig, Rand Rosenzweig Radley & Gordon, LLP, White Plains, NY, for Defendant IFN. OPINION AND ORDER RICHARD J. SULLIVAN, District Judge. Plaintiff GEM Advisors, Inc. ("GEMA" or "Plaintiff") brings this action against Defendants Corporacion Sidenor, S.A. ("Sidenor") and Industrias Ferricas De... Kenley G. POWELL, Plaintiff, v. Julia HARRIS, "John Doe," the County of Ulster and Erin D. Oliver, Defendants. , N.D.N.Y., October 27, 2009 Kenley Powell, Newburgh, NY, pro se. Adam T. Mandell, Michael E. Catalinotto, Jr., Maynard, O'Connor Law Firm, Saugerties, NY, for Defendants. DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. Plaintiff commenced the instant action pursuant to 42 U.S.C. § 1983 seeking damages resulting from orders of the Ulster County Family Court: (1) finding Plaintiff to be the father of Terrence Harris; (2) directing Plaintiff to pay child support; (3) denying Plaintiff's claim that the orde... STRIPPIT, INC., Plaintiff, v. Keith COFFEE, Defendant. , W.D.N.Y., October 27, 2009 DECISION AND ORDER RICHARD J. ARCARA, Chief Judge. INTRODUCTION Plaintiff Strippit, Inc. filed a complaint this case accusing defendant Keith Coffee of trademark infringement by running a website that used plaintiff's name without authorization. When defendant failed to answer the complaint, plaintiff requested an entry of default and filed a motion for default judgment. Through its motion papers and through an evidentiary hearing that this Court held on October 14, 2009, plaintiff submitted e... Stephen STODDARD, Plaintiff, v. Michael J. ASTRUE, [FN1] Commissioner of Social Security Administration, Defendant. FN1. On February 12, 2007, Michael J. Astrue became the Commissioner of Social Security and is substituted for Commissioner J, N.D.N.Y., October 27, 2009 Office of the United States Attorney, William H. Pease, Esq., of Counsel, Syracuse, NY, for the Defendant. MEMORANDUM--DECISION AND ORDER NEAL P. McCURN, Senior District Judge. Plaintiff Stephen Stoddard ("plaintiff") brings this action pursuant to § 205(g) of the Social Security Act (the "Act"), codified at 42 U.S.C. §§ 405(g). Plaintiff seeks review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying plaintiff's claim for disability ins... Earthley E. TAYLOR, Jr., Plaintiff, v. SHELTERED WORKSHOP FOR THE DISABLED, INC., Thomas Wendell, Judy Orband and Dale Tewksbury, Defendants. , N.D.N.Y., October 27, 2009 DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. Plaintiff commenced the instant action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. and the Americans with Disabilities Act of 1990, 42 U.S.C. § 12111 et seq. arising out of his employment with Defendant Sheltered Workshop for the Disabled, Inc. ("SWS"). Presently before the Court are Defendants' motion for summary judgment pursuant to Fed. R. Civ. 56 seeking dismissal of the Complaint in its entir... Cheryll VOSBURGH, Plaintiff, v. AMERICAN NATIONAL RED CROSS; American Red Cross of Tompkins County; Jennifer Yarbrough, Executive Director of American Red Cross of Tompkins County; Cynthia Gordineer; Linda Andrei; Susan Backstrom; Dawn Darby; Anne , N.D.N.Y., October 27, 2009 Wiggins & Kopko, LLP, Edward E. Kopko, of Counsel, Ithaca, NY, for Plaintiff. Epstein Becker & Green, P.C., Lauri F. Rasnick, Eric B. Topel, of Counsel, New York, NY, for Defendants. MEMORANDUM, DECISION and ORDER NEAL P. McCURN, Senior District Judge. I. Introduction Presently before the court in this employment discrimination action is a motion by defendants to dismiss or in the alternative for summary judgment and for sanctions. Plaintiff, Cheryll Vosburgh ("Plaintiff") opposes, and the ... GRISTEDE'S FOODS, Inc., Plaintiff, v. POOSPATUCK (UNKECHAUGE) NATION, a/k/a Poospatuck Indian Tribe, a/k/a Unkechaug Indian Nation, a/k/a Unkechaug Nation; Harry Wallace; the Poospatuck Smoke Shop and Trading Post; Golden Feather Cigarette Express;, E.D.N.Y., October 27, 2009 MEMORANDUM & ORDER MATSUMOTO, District Judge. Pending before the court is the plaintiff Gristede's Foods, Inc.'s ("Gristede's" or "plaintiff") motion to consolidate the above-captioned action (the "Gristede's action") with The City of New York v. Golden Feather, et al., No. 08-cv3966, pending before Judge Carol B. Amon ("Golden Feather" ). In the Gristede's action, the defendants, Shinnecock Indian Nation, Gordell Wright, Federick C. Bess, and Lance A. Gumbs, as sued in his individual capaci... UNITED STATES of America, v. David H. BROOKS, Sandra Hatfield, and Patricia Lennex, Defendants. , E.D.N.Y., October 27, 2009 James Halleron Knapp, Esq., Richard Thomas Lunger, Jr., Esq., Christopher Allen Ott, Esq., James M. Miskiewicz, Esq., United States Attorneys Office, Central Islip, NY, for Government. James M. LaRossa, Esq., New York, NY, William H. Murphy Jr., Esq., Kenneth Ravenell, Esq., The Murphy Firm, Baltimore, MD, Richard Ware Levitt, Esq., Yvonne Shivers, Esq., Law Offices of Richard W. Levitt, New York, NY, for Defendant David H. Brooks. Roland G. Riopelle, Esq., Sercarz & Riopelle LLP, New Yo... John D. JUSTICE, Plaintiff, v. Terry KING, et al., Defendants. , W.D.N.Y., October 27, 2009 DECISION and ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION Siragusa, J. Before the Court are the following motions: Docket No. 41--MOTION to Certify Class; Docket No. 51--MOTION for Default Judgment; Docket No. 53--MOTION to Strike; Docket No. 57--MOTION for relief from the Court's prior orders; Docket No. 62--MOTION to Strike; Docket No. 67--MOTION to Dismiss (Rule 12(b)(6)) Docket No. 71--MOTION for Default Judgment as to Ronald H. Tills; Docket No.... Timothy W. HANRAHAN, Jr., Plaintiff, v. Dr. MENON, [FN1] Herkimer County Mental Health; Edgar Scudder, Director of Community Services, Herkimer County Mental Health; and Herkimer County Correctional Facility, Defendants. FN1. The proper spel, N.D.N.Y., October 27, 2009 Timothy W. Hanrahan, Jr., Alden, NY, pro se. Smith, Sovik Law Firm, Kevin E. Hulslander, Esq., of Counsel, Syracuse, NY, for Defendant Dr. Menon. Murphy, Burns Law Firm, Thomas K Murphy, Esq., of Counsel, Albany, NY, for Defendants Edgar Scudder and Herkimer County Correctional Facility. ORDER FREDERICK J. SCULLIN, JR., Senior District Judge. Currently before the Court is Magistrate Judge Gustave J. DiBianco's Report-Recommendation filed September 29, 2009 to which the parties have fi... UNITED STATES of America, v. Steven Ray MORGAN, Defendant. , N.D.N.Y., October 27, 2009 DECISION & ORDER THOMAS J. McAVOY, Senior District Judge. I. INTRODUCTION After a jury trial, Defendant was convicted of one count of conspiring to distribute or possess with the intent to distribute crack cocaine (Count 1); three counts of distributing or possessing with intent to distribute crack cocaine (Counts 2, 3, and 4); one count of possessing a firearm by a prohibited person (Count 5); and one count of possessing a firearm in furtherance of a drug trafficking crime (Count 6). Defenda... Anthony GIBSON, Petitioner, v. Charles GRENIER, Respondent. , E.D.N.Y., October 27, 2009 Anthony Gibson, Attica, NY, pro se. Charles J. Hynes, Esq., Kings County District Attorney, by: Morgan J. Dennehy, Esq., Assistant District Attorney, On the Brief: Leonard Joblove, Esq., Brooklyn, NY, for the Respondent. MEMORANDUM AND ORDER BLOCK, Senior District Judge. Petitioner Anthony Gibson ("Gibson") seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons set forth below, Gibson's petition is denied. I Gibson was convicted by a jury in the New York State Supr... Melissa STAMPF, Plaintiff, v. LONG ISLAND RAILROAD CO., et al., Defendants. , E.D.N.Y., October 27, 2009 ORDER GOLD, S., United States Magistrate Judge. By letter dated October 16, 2009, defendants move for a protective order. Docket Entry 46. Defendants' motion concerns discovery sought by plaintiff regarding Edward Lee Jackson. Mr. Jackson, who is not a party to this action, was a witness to certain events that are in dispute. Plaintiff opposes defendants' motion by letter dated October 23, 2009. Docket Entry 47. Defendants' motion concerns two of plaintiff's discovery demands. Each is addr... Caroline MEMNON, Plaintiff, v. CLIFFORD CHANCE US, LLP and Sullivan and Worcester, LLP, Defendants. , S.D.N.Y., October 27, 2009 OPINION & ORDER Hon. HAROLD BAER, JR., District Judge. On July 2, 2009, Plaintiff Caroline Memnon ("Memnon" or "Plaintiff") filed her Third Amended Complaint against Defendants Clifford Chance U.S. LLP ("Clifford Chance") and Sullivan & Worcester, LLP ("S & W") (collectively, "Defendants") alleging various claims arising out of her separation from her former employer Clifford Chance and her subsequent hiring and termination from S & W. Specifically, based on allegations that Clifford Chance "... Karl AHLERS, Plaintiff, v. Todd A. GRYGO, Defendant. , E.D.N.Y., October 27, 2009 Kramer Levin Naftalis & Frankel LLP, by: Robin Wilcox, Jennifer Diana, New York, NY, for Plaintiff. Andrew M. Cuomo, Attorney General for the State of New York, by: Michael J. Keane, Andrew Meier, New York, NY, for Defendant. FINDINGS OF FACT AND CONCLUSIONS OF LAW JOHN GLEESON, District Judge. On May 30, 2002, plaintiff Karl Ahlers brought a pro se action alleging violations of his constitutional rights during his incarceration at the Arthur Kill Correctional Facility ("AKCF") on Staten... Hasshiem C. ANDREWS, Petitioner, v. DOWNSTATE CORRECTIONAL FACILITY, Respondent. , E.D.N.Y., October 27, 2009 Haashiem C. Andrews, Beacon, New York, pro se. Michael A. Cardozo, Corporation Counsel of the City of New York, by: Andrew J. Rauchberg, New York, NY, for Respondent. MEMORANDUM AND ORDER JOHN GLEESON, District Judge. Haashiem C. Andrews, a prisoner incarcerated in the Fishkill Correctional Facility pursuant to a judgment of the New York Supreme Court, Kings County, petitions for a writ of habeas corpus under 28 U.S.C. § 2254. Andrews challenges his conviction and sentence following his... Robert Edward JELICH, Petitioner, v. Michael F. HOGAN, Commissioner, et al, NYS Office of Mental Health; Anthony Ferrara, Chairman, et al., S.I. University Hospital at South Beach Psychiatric Center; William Henri, Executive Director, et al., South, E.D.N.Y., October 27, 2009 MEMORANDUM DECISION AND ORDER COGAN, District Judge. Plaintiff, previously hospitalized at South Beach Psychiatric Center, files the instant action pro se alleging violation of his constitutional rights. Although plaintiff improperly brings this action pursuant to 28 U.S.C. § 2241, the Court liberally construes the action as being brought pursuant to 42 U.S.C. § 1983. At the time of his initial complaint, plaintiff requested that this Court intercede in his involuntary commitment proceedings ... PREMIUM SUPPLY CO., INC., Plaintiff, v. RCC DESIGN AND DEVELOPMENT CORP., Defendant. , E.D.N.Y., October 27, 2009 Michael L. Shanker, Esq., Shanker Law Group Mineola, NY, for Plaintiff. No Appearance for Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION SEYBERT, District Judge. Upon review of the Report and Recommendation ("Report") of Magistrate Judge Arlene R. Lindsay, issued September 11, 2009, to which no party has objected, the Court hereby ADOPTS the Report in its entirety. Pursuant to Rule 72 of the Federal Rules of Civil Procedure, any objections to the Report were to be filed with the ... Bahram OMIDIAN and Ramona Omidian, on behalf of their child, K.O., a student with a disability, Plaintiffs, v. BOARD OF EDUCATION OF THE NEW HARTFORD CENTRAL SCHOOL DISTRICT, Defendant. , N.D.N.Y., October 27, 2009 Young, Sommer, Ward, Ritzenberg, Baker & Moore, LLC, Executive Woods, Kenneth S. Ritzenberg, Esq., of Counsel, Albany, NY, for Plaintiffs. Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., Susan T. Johns, Esq., of Counsel, East Syracuse, NY, for Defendant. MEMORANDUM DECISION AND ORDER NORMAN A. MORDUE, Chief Judge. I. INTRODUCTION A bench trial is scheduled to commence on November 2, 2009, to resolve the second claim for relief in the complaint, which alleges that defendant, the Boar... Joseph C. ELFENBEIN, Plaintiff, v. BRONX LEBANON HOSPITAL CENTER, Ira Kirschenbaum, and Steven C. Anderman, Defendants. , S.D.N.Y., October 27, 2009 DECISION & ORDER RICHARD M. BERMAN, District Judge. I. Introduction On or about September 3, 2008, Joseph C. Elfenbein ("Plaintiff" or "Elfenbein") filed a First Amended Complaint ("Complaint") against Bronx Lebanon Hospital Center ("Bronx Lebanon" or "Hospital"), Chairman of the Department of Orthopaedic Surgery Ira Kirschenbaum ("Kirschenbaum"), and Chief Operating Officer Steven C. Anderman ("Anderman") (collectively, "Defendants"), alleging, among other things, that "the termination of P... Richard YEBOAH, Individually and on Behalf of All Other Persons Similarly Situated, Plaintiffs, v. CENTRAL PARKING SYSTEMS, Defendant. , E.D.N.Y., October 27, 2009 Fran L. Rudich, Klafter Olsen & Lesser LLP, Rye Brook, NY, Bradley Ian Berger, Berger & Associates, Jeffrey M. Gottlieb, Gottlieb & Associates, New York, NY, Seth R. Lesser, Klafter, Olsen & Lesser LLP, White Plains, NY, for Plaintiffs. A. Michael Weber, Littler Mendelson, LLP, Edward Copeland, Balber, Pickard, Maldonado & Van Dertuine, New York, NY, James Norman Boudreau, Littler Mendelson, P.C., Philadelphia, PA, for Defendant. MEMORANDUM & ORDER MATSUMOTO, District Judge. This action ... UNITED STATES of America, v. Manny ALVAREZ, Defendant. , S.D.N.Y., October 27, 2009 MEMORANDUM AND ORDER DEBORAH A. BATTS, District Judge. Defendant Manny Alvarez moves to dismiss the Indictment in the above- captioned action. The Defendant is charged with illegally re-entering the United States after having been denied admission, excluded, deported and removed subsequent to conviction for an aggravated felony, without having obtained the express consent of the Attorney General of the United States, pursuant to 8 U.S.C. § 1326(a) and (b)(2). The Defendant argues that the Ind... Joan SCHWARZ, Plaintiff, v. FEDEX KINKO'S OFFICE and Print Services, Inc., and Milliken & Company, Defendants. , S.D.N.Y., October 27, 2009 MEMORANDUM OPINION AND ORDER THEODORE H. KATZ, United States Magistrate Judge. Plaintiff Joan Schwarz ("Schwarz" or "Plaintiff") commenced this action in the Supreme Court of the State of New York, seeking compensation for damages suffered from a trip and fall accident. The accident occurred at a retail store operated by FedEx Office and Print Services, Inc., formerly FedEx Kinko's Office and Print Services, Inc. ("FedEx Kinko's"). The Complaint contends that Fedex Kinko's is responsible for ... Corey EASTWOOD, et al., Plaintiffs, v. The CITY OF NEW YORK, et al., Defendants. , S.D.N.Y., October 27, 2009 ORDER RICHARD J. SULLIVAN, District Judge. Before the Court are Defendants' objections, pursuant to Rule 72 of the Federal Rules of Civil Procedure, to an order issued by the Honorable James C. Francis IV, Magistrate Judge, dated February 25, 2009, precluding three previously unnoticed witnesses from testifying for Defendants at trial (the "February 25 Order"). [FN1] For the reasons set forth below, the Court affirms the February 25 Order and denies Defendants' objections. FN1. Th... Fritz G. BLUMENBERG, Petitioner, v. UNITED STATES of America, Respondent. , S.D.N.Y., October 27, 2009 MEMORANDUM OPINION AND ORDER JOHN G. KOELTL, District Judge. Fritz Blumenberg ("the petitioner"), appearing pro se, moves for a writ of audita querela, seeking to vacate his conviction and sentence. The petitioner was convicted pursuant to his plea of guilty to one count of conspiracy to commit wire fraud and mail fraud, in violation of 18 U.S.C. § 371; one count of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2; one count of mail fraud, in violation of 18 U.S.C. §§ 1341 and 2; and two c... FOUNTAINHEAD INVESTMENTS, INC., et. al., Plaintiffs, v. Robert DEPALO, et. al., Defendants. , S.D.N.Y., October 27, 2009 OPINION AND ORDER ANDREW J. PECK, United States Magistrate Judge. Presently before the Court is a motion by Fountainhead Investment, Inc. for attorneys' fees pursuant to a September 2, 2008 Civil Judgment against defendants Prem Ramchandani, Avi Sivan, and IGIA, Inc. (See Dkt. No. 37: Notice of Motion & Diener Aff.) The Judgment, awarding Fountainhead the amount of $58,581.04 plus costs (Dkt. No. 32: 9/2/08 Judgment ¶ 1), [FN1] resulted from defendants' default of a June 29, 2007 settlement a... Gary LA BARBERA, et al., Plaintiffs, v. FEDERAL METAL & GLASS CORP., Defendant. , E.D.N.Y., October 27, 2009 Abigail R. Levy, Anusha Rasalingam, Friedman & Wolf, New York, NY, for Plaintiffs. ORDER GERSHON, District Judge: The court has reviewed the unopposed Report and Recommendations of Magistrate Judge Pollak, dated March 10 and March 29, 2009. Finding no clear error, the court adopts Judge Pollak's carefully-drawn conclusions and directs entry of judgment as follows: (1) Defendant is ordered to submit to an audit within 30 days of the entry of judgment; (2) If defendant fails to comply w... Gloria Bolanos PONS and Aitor Rodriguez Soria, Plaintiffs, v. The PEOPLE'S REPUBLIC OF CHINA, Defendant. , S.D.N.Y., October 27, 2009 Ronald Scott Moss, Moss and Associates, P.C., Hastings-On-Hudson, NY, for Plaintiffs. Alfred Robert Pietrzak, Sidley Austin LLP, New York, NY, for Defendant. MEMORANDUM OPINION AND ORDER RICHARD J. HOLWELL, District Judge. Plaintiffs Gloria Bolanos Pons and Aitor Rodriguez Soria bring an action against defendant People's Republic of China ("PRC") seeking to recover on defaulted bonds issued by the PRC's predecessor government in 1913 and to enjoin the PRC from paying any of its other cre... PEARSON EDUCATION, INC. & Cengage Learning Inc., Plaintiffs, v. Henry NUGROHO, d/b/a Sbooks4Sale, d/b/a Mr. Sbooks 4 Sale, d/b/a Suryanet, Defendant. , S.D.N.Y., October 27, 2009 Laura Jean Scileppi, William Irvin Dunnegan, Dunnegan LLC, New York, NY, for Plaintiffs. REPORT AND RECOMMENDATION ANDREW J. PECK, United States Magistrate Judge: To the Honorable Deborah A. Batts, United States District Judge: Plaintiffs Pearson Education, Inc. and Cengage Learning Inc. [FN1] bring this action alleging that defendant Henry Nugroho has infringed the copyrights to their textbooks by selling, without their permission, "electronic copies of instructors' solutions manuals" that... Pedro BONET, Plaintiff, v. Daryl F. SHAW, James B. Casselberry, James E. Santos, Rick E. Stroman, J.K. Moss, Defendants. , W.D.N.Y., October 26, 2009 F. Michael Ostrander, Marc A. Spezzano, Woods Oviatt Gilman LLP, Rochester, NY, for Plaintiff. Emil J. Bove, Jr., Gary M. Levine, Office of New York State Attorney General, Rochester, NY, for Defendants. DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiff, Pedro Bonet ("Bonet"), commenced this civil rights action pursuant to 42 U.S.C. § 1983 against five correction officers, Sergeant Daryl Shaw ("Shaw"), Officer James Casselberry ("Casselberry"), Officer James Santos ("Santos"... UNITED STATES of America, v. Hurgenes PIGNARD, Defendant. , S.D.N.Y., October 26, 2009 Jason A. Newfield, Esq., Frankel & Newfield, P.C., Garden City, NY, for Plaintiff. Ian S. Linker, Esq., Metropolitan Life Insurance Company, Long Island City, NY, Michael H. Bernstein, Esq., John T. Seybert, Esq., Sedgwick, Detert, Moran & Arnold, LLP, New York, NY, for Defendant. DECISION AND ORDER DENYING DEFENDANT'S MOTION FOR AN ORDER COMPELLING THE GOVERNMENT TO DISCLOSE CERTAIN GRAND JURY TESTIMONY McMAHON, District Judge. Hurgenes Pignard seeks an order from the Court compelli... HEALTHCARE FINANCE GROUP, INC., Plaintiff, v. BANK LEUMI USA, Defendant. , S.D.N.Y., October 26, 2009 DECISION AND ORDER VICTOR MARRERO, District Judge. Plaintiff Healthcare Finance Group, Inc. ("HFG") brought this action against defendant Bank Leumi USA ("Bank Leumi"), asserting claims of securities fraud pursuant to § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (" § 10(b)") and Securities and Exchange Commission Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5 ("Rule 10b-5"); common law fraud; and common law negligent misrepresentation. These claims stem from HF... Rosanne S. PERESS, Plaintiff, v. ALLIANCEBERNSTEIN, L.P., Defendant. , S.D.N.Y., October 26, 2009 MEMORANDUM AND ORDER P. KEVIN CASTEL, District Judge. Rosanne S. Peress, a 56 year old female, is the former Senior Vice President for Human Resources & Administration for defendant supervising a staff of over 200 people who work in human resources and administration. She was responsible for the human resource functions for approximately 5,000 employees in 25 countries. Shortly after assuming the reigns, defendant's new CEO terminated plaintiff purportedly as part of an internal reorganizatio... Andrae EVANS, Plaintiff, v. MASSMUTUAL FINANCIAL GROUP and William D. Costello, Defendants. , W.D.N.Y., October 26, 2009 Kiley D. Scott, Esq., Tully Rinckey, PLLC, Albany, NY, for Plaintiff. Paul F. Keneally, Esq., Underberg & Kessler LLP, Rochester, NY, for Defendants. DECISION AND ORDER CHARLES J. SIRAGUSA, District Judge. INTRODUCTION This is an action pursuant to the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), 38 U.S.C. § 4301-4335. Now before the Court is Defendants' motion to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure ("FRCP... Linda K. HALL, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.N.Y., October 26, 2009 AMENDED DECISION AND ORDER RICHARD J. ARCARA, Chief Judge. INTRODUCTION Plaintiff Linda Hall brings this action pursuant to 42 U.S.C. § 405(g), claiming that the defendant, Michael Astrue, the Commissioner of Social Security (the "Commissioner"), improperly denied her application for disability benefits under the Social Security Act. The plaintiff claims to be disabled as a result of left knee osteomyelitis, left knee swelling/arthritis, right shoulder problems/tendonitis, asthma/emphysema... Carmen M. RUSSO, Petitioner, v. Anthony F. ZON, Respondent. , W.D.N.Y., October 26, 2009 DECISION AND ORDER MICHAEL A. TELESCA, District Judge. I. Introduction Pro se petitioner Carmen M. Russo ("Petitioner") has filed a timely petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the constitutionality of his custody pursuant to a judgment entered November 27, 1995, in County Court, State of New York, Chautauqua County, convicting him, after a jury trial, of Murder in the Second Degree (New York Penal Law ("Penal Law") § 125.25(1)). For the reasons stated below,... Rose QADER, Plaintiff, v. RUSHMORE RECOVERY et al., Defendants. , S.D.N.Y., October 26, 2009 Rose Qader, Bronx, NY, pro se. Scott Evan Wortman, Anthony Galano, III, Holly R. Froum, Ellenoff Grossman & Schole LLP, New York, NY, for Defendants. DECISION AND ORDER VICTOR MARRERO, District Judge. Pro se plaintiff Rose Qader ("Qader") brought this action in New York Civil Court, County of New York on June 17, 2009, against defendants Rushmore Recoveries, LLC ("Rushmore") (incorrectly sued as "Rushmore Recovery"); Citibank (South Dakota), N.A. ("Citibank") (incorrectly sued as "City B... Frank McCLELLAN, Plaintiff, v. Steven SMITH, Defendant. , N.D.N.Y., October 26, 2009 Office of Lee D. Greenstein, Lee D. Greenstein, Esq., of Counsel, Albany, NY, for the Plaintiff. Mills Law Firm, Christopher K. Mills, Esq., Gregory S. Mills, Esq ., Brian P. Krzykowski, Esq., of Counsel, Clifton Park, NY, for the Defendant. MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Judge. I. Introduction Following an altercation with City of Rensselaer Detective Steven Smith, Frank McClellan was arrested and prosecuted for, inter alia, felonious assault. After he was acquit... ROSCO, INC., Plaintiff, v. MIRROR LITE CO., Defendant. , E.D.N.Y., October 26, 2009 MEMORANDUM OPINION AND ORDER SIFTON, Senior District Judge. Plaintiff, Rosco, Inc., commenced this action, in 1996, against defendant, Mirror Lite Company, asserting claims of design patent infringement, trade dress infringement, false designation of origin, tortious interference with business relationships, misrepresentation in violation of 15 U.S.C. § 1125(a), and common law trademark infringement. In addition to damages, the complaint sought declaratory and injunctive relief pursuant t... Diallo Rafik A. MADISON, Plaintiff, v. Dr. John ALVES, Nurse K. Dyal, Defendants. , W.D.N.Y., October 26, 2009 DECISION AND ORDER CHARLES J. SIRAGUSA, District Judge. This is an action brought to pursuant to 42 U.S.C. § 1983, in which plaintiff Diallo Rafik Madison ("Plaintiff"), a prison inmate, is suing defendants Dr. John Alves ("Alves") and Nurse K. Dyal ("Dyal"), who are members of the medical staff at Southport Correctional Facility ("Southport"), for allegedly violating his constitutional rights by acting with deliberate indifference to his serious medical needs and by retaliating against h... Maxine VESTERHALT, Plaintiff, v. The CITY OF NEW YORK, Police Officer Bahir Mustafa, Detective Thomas Hourican, Detective Robert Yaeger, Detective Tracy Kupinski, Detective Thomas Driscoll and Lieutenant Ruel Stephenson, Defendants. , S.D.N.Y., October 26, 2009 Law Offices of Anthony Ofodile, by: Anthony Chukwuka Ofodile, Esq ., Brooklyn, NY, for Plaintiff. Michael A. Cardozo, Corporation Counsel of the City of New York, by: Craig Andrew Hanlon, Esq., David M. Hazan, Esq., Philip Sebastian Frank, Esq. , New York, NY, for Defendants. OPINION CEDARBAUM, District Judge. Plaintiff Maxine Vesterhalt sues defendants for false arrest, use of excessive force, and unreasonable search of her residence under 42 U.S.C. § 1983. She also sues the individu... Hani SUBEH, Plaintiff, v. Eric HOLDER, Attorney General of the United States, et al., Defendants. , W.D.N.Y., October 26, 2009 DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiff, Hani Subeh ("Subeh"), filed a complaint and seeks a writ of mandamus against an agency of the United States to adjudicate an Alien Relative Petition filed by Subeh on behalf of his wife and children. The Government has moved to dismiss (Dkt.# 4) and plaintiff, by counsel, has responded (Dkt.# 5). The Government moves to dismiss on dual grounds. First, because plaintiff has failed to properly serve the summons and complaint as ... Derrick R. OMARO, Plaintiff, v. Michael SENA, et al., Defendants. , S.D.N.Y., October 26, 2009 MEMORANDUM AND ORDER NAOMI REICE BUCHWALD, District Judge. Plaintiff, a prisoner proceeding pro se, commenced this action on June 29, 2009, pursuant to 42 U.S.C. § 1983, claiming that he was attacked and beaten without provocation by a number of prison guards at the Sullivan Correctional Facility ("Sullivan"). Plaintiff further claims that, following the alleged beating, he was denied adequate medical treatment, although he acknowledges that he has received x-rays and treatment including phys... James BENJAMIN, et al., Plaintiffs, v. Dora SHRIRO, [FN1] et al., Defendants. FN1. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the name of Defendant Commissioner of the Department of Correction ("DOC") in the caption of t, S.D.N.Y., October 26, 2009 OPINION & ORDER Hon. HAROLD BAER, JR., District Judge. This case, initially brought in 1975 as a class action lawsuit against the City of New York on behalf of pretrial detainees at Riker's Island, has necessitated numerous and detailed orders to regulate the conditions in the New York City jails and to assure that detainees' constitutional rights are maintained during their confinement. One aspect of these orders has as its goal the protection of the health and welfare of inmates who, by med... SCOTT D. BORAS INC., Plaintiff, v. Gary Antonian SHEFFIELD, Defendant. , S.D.N.Y., October 26, 2009 Goutam Patnaik, Esq., Bingham McCutchen, LLP, Washington, DC, for Plaintiff. ORDER SHIRA A. SCHEINDLIN, District Judge. On October 2, 2009, Scott D. Boras, Inc. ("Boras") moved the Court ex parte for an order granting leave to file under seal its Petition to Confirm Arbitration Award ("Petition") and supporting Exhibits, including the full text of the Arbitrator's Award and agreements between the parties. Judge Kevin Duffy, in his capacity as Part I judge, granted Boras' motion. [FN1] This ... SOTHEBY'S, INC., Plaintiff, v. Halsey MINOR, Defendant. , S.D.N.Y., October 26, 2009 OPINION AND ORDER PITMAN, United States Magistrate Judge. I. Introduction By notice of motion dated April 9, 2009, (Docket Item 30), defendant Halsey Minor moves for leave to amend his counterclaim. Plaintiff Sotheby's, Inc. ("Sotheby's") opposes the motion to the extent that Minor seeks to add counterclaims for breach of fiduciary duty and violation of New York General Business Law Section 349. For the reasons set forth below, defendant's motion is denied to the extent he seeks to assert cla... PAXI, LLC, Plaintiff, v. Shiseido Americas Corporation, Shiseido Cosmetics (America) Ltd. and Sephora USA, Inc., Defendants. , S.D.N.Y., October 26, 2009 MEMORANDUM ORDER DENYING THE MOTION OF THE DEFENDANTS TO DISMISS THE COMPLAINT AS AGAINST THEM AND GRANTING THE MOTION OF DEFENDANT SEPHORA TO DISMISS THE COMPLAINT AS TO IT McMAHON, District Judge. Familiarity with this Court's July 8, 2009 decision denying plaintiff's motion for a preliminary injunction is presumed. In that decision the reader will find an extensive discussion of the merits of plaintiff's various claims against the Shiseido defendants. All defendants have moved to di... NOVEL COMMODITIES S.A., Plaintiff, v. ARDEMAR MARINE LIMITED., Defendant. , S.D.N.Y., October 26, 2009 ORDER PAUL G. GARDEPHE, District Judge. Plaintiff Novel Commodities S.A, commenced this action on September 30, 2009 by filing a Verified Complaint seeking $502,966.05 in damages. On September 30, 2009, Plaintiff additionally applied for an ex parte order for Process of Maritime Attachment and Garnishment pursuant to Rule B of the Supplemental Admiralty Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure. The property which Plaintiff sought to attach took t... UNITED STATES of America v. Lilia RENTAS, et al. , S.D.N.Y., October 26, 2009 OPINION & ORDER Hon. HAROLD BAER, JR., District Judge. Defendant Lilia Rentas ("Rentas" or "Defendant"), along with two co- defendants, was charged in a one-count indictment with conspiring to distribute and possess with the intent to distribute cocaine and cocaine base (commonly known as "crack") in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(A), and 846. On October 15, 2009, Ms. Rentas pled guilty to the conspiracy charge. Rentas now moves for release on bail pending sentencing, pur... Leonard JOHNSON, Petitioner, v. UNITED STATES of America, Respondent. , S.D.N.Y., October 26, 2009 REPORT and RECOMMENDATION KEVIN NATHANIEL FOX, United States Magistrate Judge. TO THE HONORABLE JED S. RAKOFF, UNITED STATES DISTRICT JUDGE I. INTRODUCTION Leonard Johnson ("Johnson" or "the petitioner"), proceeding pro se, moves, pursuant to 28 U.S.C. § 2255 (" § 2255"), to vacate, set aside, or correct his sentence, as set forth in the October 2, 2000 judgment of conviction entered against him, for a single count of: (1) bank robbery, pursuant to 18 U.S.C. § 2113(a) ("count one"); (2) arm... Sarah HUSAIN, et al., Plaintiffs, v. Marlene SPRINGER, et al., Defendants. , E.D.N.Y., October 26, 2009 Ronald B. McGuire, Attorney at Law, Jersey City, NJ, for Plaintiffs. Steven Leon Banks, NYS Office of the Attorney General, Jane Sovern, The City University of New York, Office of the General Counsel, New York, NY, for Defendants. Joseph Canale, Brooklyn, NY, pro se. Juergen Schnetzer, Edison, NJ, pro se. Andre Woods, Bronx, NY, pro se. Christopher Alvarez, Staten Island, NY, pro se. OPINION AND ORDER GERSHON, District Judge: Plaintiffs have brought this action under 42 U.S.C... Olafur GUDMUNDSSON, Sally A. Rudrud, Plaintiffs, v. UNITED STATES of America, Defendant. , W.D.N.Y., October 26, 2009 Arnold R. Petralia, Petralia, Webb & O'Connell, P.C., Rochester, NY, for Plaintiff. Stephen T. Lyons, U.S. Department of Justice, Washington, DC, for Defendant. DECISION AND ORDER DAVID G. LARIMER, District Judge. Plaintiffs, Olafur Gudmundsson and Sally Rudrud, commenced this action on March 21, 2008, against the United States of America ("Government"), seeking a refund of roughly $300,000 in income taxes that they paid for the calendar year 1999. The Court has jurisdiction over this ac... Joseph & Maria BURKE, Plaintiffs, v. QUICK LIFT, INC., et al., Defendants. , E.D.N.Y., October 23, 2009 J. Stephen Simms, Esq., of Simms Showers LLP, Baltimore, MD, for plaintiffs. David P. Feehan, Esq., of Hoey, King, Toker & Epstein, New York, NY, for defendant. MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge. Plaintiffs Dr. Joseph and Maria Burke (collectively, the "Burkes" or "plaintiffs") brought this admiralty and derivative torts action against defendants Quick Lift, Inc. ("Quick Lift") [FN1] and Staten Island Boat Sales ("SIBS" or "defendant"), alleging that the Burkes were... Norberto Javier FELIX-TORRES, Plaintiff, v. Harold GRAHAM, Superintendent, Auburn Correctional Facility; Joseph Bellnier, Superintendent of Security, Auburn Correctional Facility; Dawson Brown, Deputy of Administration, Auburn Correctional Facility, N.D.N.Y., October 23, 2009 Norberto Javier Felix-Torees, Malone, NY, pro se. Hon. Andrew M. Cuomo, Attorney General for the State of New York, Krista A. Rock, Esq., Assistant Attorney General, of Counsel, Albany, NY, for Defendants. DECISION and ORDER Hon. GLENN T. SUDDABY, District Judge. Currently before the Court in this pro se prisoner civil rights action filed by Norberto Javier Felix-Torees ("Plaintiff") against four employees of Auburn Correctional Facility ("Defendants") are (1) Defendants' motion for summ... Joseph A. CONZO, et al., Plaintiffs, v. CITY OF NEW YORK and the Fire Department of the City of New York, Defendants. , S.D.N.Y., October 23, 2009 Woodley & McGillivary LLP, by: Eric C. Hallstrom, Esq., Gregory Keith McGillivary, Esq., David William Ricksecker, Esq., Sara Lyn Faulman, Esq., Ellen L. Eardley, Esq., Washington, DC, for Plaintiffs. Quinn Mellea & Gioffre, LLP, by: Andrew C. Quinn, Esq., White Plains, NY, for Plaintiffs. Outten & Golden, LLP, by: Lauren Elyse Schwartzreich, Esq., New York, NY, for Plaintiffs. Jackson Lewis LLP, by: Felice B. Ekelman, Esq., Samantha Abeysekera, Esq., Paul J. Seigel, Esq., New York, NY,... Rachel MOLTNER, Plaintiff, v. STARBUCKS COFFEE COMPANY a/k/a Starbucks Corporation, Defendant. , S.D.N.Y., October 23, 2009 MEMORANDUM AND ORDER LORETTA A. PRESKA, Chief Judge. Plaintiff Rachel Moltner ("Plaintiff"), a resident of New York, brings this action against Defendant Starbucks Coffee Company ("Starbucks"), a Washington corporation having its principal place of business in Seattle. Plaintiff alleges that when she removed the lid from a cup of hot tea she purchased at a Starbucks store, the tea spilled and burned her. Starbucks now moves for summary judgment [dkt. no. 49] dismissing the Complaint in its en... Mark ROBERTS, Plaintiff, v. Nathaniel Thomas KEITH, Administrator of the Estate of Norman Thomas Keith, A/K/A Tommy Keith, Moe Moore, Sugar Hill Records Ltd., Sugar Hill Music Publishing Ltd., Gambi Music Inc. Twenty Nine Black Music, Sylvia Robins, S.D.N.Y., October 23, 2009 MEMORANDUM & ORDER LORETTA A. PRESKA, Chief Judge. This action arises out of Plaintiff Mark Roberts' allegations that Defendants reproduced Plaintiff's copyrighted music without his permission in violation of the Copyright Act, 17 U.S.C. §§ 101 et seq. ("Copyright Act"). Defendant Sanctuary Records Group, Ltd. ("SRGL"), together with its record labels, Castle Music UK ("Castle") and Sequel Records ("Sequel"), now move for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c), or, in the alter... Carl D. WELLS, Plaintiff, v. CITY OF NEW YORK, et al., Defendants. , S.D.N.Y., October 23, 2009 MEMORANDUM & ORDER LORETTA A. PRESKA, Chief Judge. Considering Defendant's October 15 letter requesting an Order to Show Cause why Plaintiff's In Forma Pauperis status should not be revoked in light of Plaintiff's five prior actions [FN1] (each dismissed as either frivolous, malicious, or failing to state a claim) and Plaintiff's statement dated October 21 under penalty of perjury arguing that his In Forma Pauperis status not be revoked as Defendant's motion to revoke Plaintiff's In Forma Pa... James MURRAY, Plaintiff, v. GOORD; Superintendent of Auburn Correctional Facility, Defendant. , N.D.N.Y., October 23, 2009 James Murray, Upstate Correctional Facility, Malone, NY, pro se. Hon. Andrew M. Cuomo, Attorney General for the State of New York, Heather R. Rubinstein, Esq., Assistant Attorney General, of Counsel, Albany, NY, for Defendant Goord. ORDER FREDERICK J. SCULLIN, JR., Senior District Judge. Currently before the Court is the Report-Recommendation and Order of Magistrate Judge David R. Homer filed July 6, 2009 to which the parties have not filed any objections. On July 15, 2009, Senior Judge... UNITED STATES of America, v. Nathaniel L. ORTIZ, a/k/a "Nate," and Jose Reyes, Defendants. , S.D.N.Y., October 23, 2009 Holdings: The District Court, Chin, J., held that: (1) sufficient evidence supported defendants' convictions; (2) any variance in dates between indictment and proof was not prejudicial; (3) alleged defects before grand jury did not warrant dismissal of indictment. Motion denied. Preet Bharara, Esq., United States Attorney for the Southern District of New York, by: Todd Blanche, Esq., Michael D. Maimin, Esq ., Assistant United States Attorneys, New York, NY, for the United States ... IDEA NUOVA, INC., Plaintiff-Respondent, v. GM LICENSING GROUP, INC., Defendant-Petitioner. , S.D.N.Y., October 23, 2009 John P. Bostany, The Bostany Law Firm, NY, NY, for Plaintiff-Respondent. James P. Cinque, Cinque and Cinque, NY, NY, for Defendant-Petitioner. ORDER P. KEVIN CASTEL, District Judge. A letter from a non-party whose assets have been restrained by a commercial bank by reason of a "Restraining Notice" served by plaintiff's counsel has raised new immediacy to the issue of the propriety of such notices. (Letter of Bradley J. Levien, October 23, 2009) The restraining notices purport to have ... UNITED STATES of America, Plaintiffs, v. Jesse CARTER, Defendants. , N.D.N.Y., October 23, 2009 DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. Petitioner, Jesse Carter, filed a timely motion pursuant to 28 U.S.C. § 2255 seeking to vacate his convictions. Petitioner asserts the following grounds for relief: (1) that he is actually innocent because he has new evidence to prove he was indicted using inadmissible evidence; (2) that he received ineffective assistance of counsel; and (3) that pursuant to Watson v. United States, 552 U.S. 74 (2007) his conviction under Count 49 sh... REACH MUSIC PUBLISHING, INC. and David Reeves, Plaintiffs, v. WARNER/CHAPPELL MUSIC, INC. and Protoons Inc., Defendants. , S.D.N.Y., October 23, 2009 MEMORANDUM ORDER LAURA TAYLOR SWAIN, District Judge. In this action arising out of the disputed ownership of nine musical compositions originally performed by the musical group known professionally as Run DMC (the "Compositions"), David Reeves ("Reeves") and Reach Music Publishing, Inc. ("Reach Music," collectively "Plaintiffs") assert a claim under the Copyright Act of 1976, 17 U.S.C. § 201 (the "Copyright Act"), against Warner/Chappell Music, Inc. ("W/C Music") and Protoons Inc. ("Proto... Willie JONES, Petitioner, v. T. POOLE, Superintendent, Five Points Correctional Facility, Respondent. , W.D.N.Y., October 23, 2009 DECISION AND ORDER MICHAEL A. TELESCA, District Judge. I. INTRODUCTION Petitioner, Willie Jones ("Petitioner" or "Jones"), filed a timely petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the constitutionality of his custody. Petitioner was convicted, following a jury trial in New York Supreme Court, Erie County, of attempted robbery in the first degree (New York Penal Law ("Penal Law") §§ 110.00, 160.15[3] ) and criminal possession of a weapon in the third degree ... Sherrie L. MICHNO, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.N.Y., October 23, 2009 DECISION and ORDER MICHAEL A. TELESCA, District Judge. Introduction Plaintiff Sherrie L. Michno ("Plaintiff") brings this action pursuant to the Social Security Act, 42 U.S.C. §§ 405(g) and 1383(c) (3), seeking review of the final decision of the Commissioner of Social Security ("Commissioner"), denying her application for Disability Insurance Benefits and Supplemental Security Income ("SSI"). [FN1] Specifically, Plaintiff alleges that the decision of Administrative Law Judge ("ALJ") William T... Mary L. JOHNSON, Plaintiff, v. Michael ASTRUE, Commissioner of Social Security, Defendant. , W.D.N.Y., October 23, 2009 DECISION and ORDER MICHAEL A. TELESCA, District Judge. INTRODUCTION Plaintiff, Mary L. Johnson ("Johnson") filed this action pursuant to the Social Security Act ("SSA"), codified at 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking review of a final decision of the Commissioner of Social Security ("Commissioner"), denying her application for Disability Insurance Benefits ("Disability"), and Supplemental Security Insurance ("SSI"). On January 28, 2008, the Commissioner moved for judgment on the plead... Alton C. HUTCHINSON, Plaintiff, v. Thomas WICHTOWSKI, Jason Elliot and William Hughes, Defendants. , W.D.N.Y., October 23, 2009 DECISION AND ORDER JEREMIAH J. McCARTHY, United States Magistrate Judge. The parties have consented to proceed before a Magistrate Judge pursuant to 28 U.S.C. § 636(c) [17]. [FN1] Before me are plaintiff's motions to compel [152], for leave to serve additional interrogatories [161], and to extend the discovery deadline [166]. [FN2] For the following reasons, plaintiff's motion to compel [152] is GRANTED in part and DENIED in part, plaintiff's motion for leave to serve additional interrogatori... Michael J. HILL, Petitioner, v. Calvin E. WEST, Superintendent, Elmira Corr. Facility, Respondent. , W.D.N.Y., October 23, 2009 DECISION AND ORDER CHARLES J. SIRAGUSA, District Judge. In this action, petitioner Michael J. Hill, acting pro se, seeks relief pursuant to 28 U.S.C. § 2254, alleging that his conviction for Manslaughter in the First Degree, in County Court, Niagara County, State of New York, on February 8, 1990, upon a plea of guilty, was unconstitutionally obtained. Now before the Court is Petitioner's motion for reconsideration pursuant to FRCP 60(b) [# 45]. For the reasons that follow, the application... TRUSTEES OF the SHEET METAL WORKERS LOCAL 28 BENEFIT FUNDS, et al., Plaintiffs, v. SKYE SHEET METAL, INC., Defendant. , E.D.N.Y., October 23, 2009 ORDER HURLEY, Senior District Judge. On October 14, 2008, this Court granted Plaintiffs' motion for an entry of default judgment against defendant Skye Sheet Metal, Inc. ("Defendant") in the above-captioned case, and referred the matter to U.S. Magistrate Judge A. Kathleen Tomlinson, pursuant to 28 U.S.C. § 636(b)(3), for a report and recommendation as to damages and attorneys' fees. On September 25, 2009, Magistrate Judge Tomlinson issued a Report and Recommendation that damages be awarded b... Michael ROBINSON, Petitioner, v. William PHILLIPS, Respondent. , E.D.N.Y., October 23, 2009 Michael Robinson, Attica, NY, pro se. Charles J. Hynes, Esq., Kings County District Attorney, By: Karol B. Mangum, Esq., Assistant District Attorney, Brooklyn, NY, for the Respondent. MEMORANDUM AND ORDER BLOCK, Senior District Judge. Petitioner Michael Robinson ("Robinson") was convicted by a jury on one count of first-degree burglary and one count of first-degree robbery. Based on his prior felony convictions, the trial court determined that Robinson was a "persistent felony offender" ... UNITED STATES of America v. Yuthien TRANS, Defendant. , S.D.N.Y., October 23, 2009 MEMORANDUM OPINION AND ORDER JOHN G. KOELTL, District Judge. The defendant moves for an early termination of probation pursuant to 18 U.S.C. § 3564(c). The defendant has completed one year of his term of three years probation and contends that he has complied with all of the conditions of probation and that he should be able to put his offense and the conditions of release behind him. The statute permits such early termination, after a consideration of the relevant factors set forth in 18... Kevin WASHINGTON, Plaintiff, v. J. CONWAY, Defendant. , S.D.N.Y., October 23, 2009 Attica Correctional Facility, Attica, NY, Petitioner. Nancy D. Killian, Assistant District Attorney, Bronx, NY, for Respondent. ORDER OF DISMISSAL LORETTA A. PRESKA, Chief Judge. The Court's records in this action disclose that a complaint was filed on November 8, 2006. On April 25, 2008, Magistrate Ellis issued a Report and Recommendation that the action should be dismissed in its entirety. The parties were given ten days to file written objections to the Report and Recommendation. Beca... Roger Anthony DENNIS, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY BUREAU OF IMMIGRATION AND CUSTOM ENFORCEMENT, Respondent. , E.D.N.Y., October 23, 2009 MEMORANDUM & ORDER TOWNES, District Judge. On October 20, 2009, petitioner Roger Anthony Dennis (the "Petitioner"), proceeding pro se, filed a petition styled as an "Emergency Stay of Deportation" (the "Petition"). For the reasons stated below, the Petitioner's request to proceed in forma pauperis is granted pursuant to 28 U.S.C. § 1915, and the Petition is dismissed. Because the Petitioner is pro se, his petition must be read liberally and interpreted as raising the strongest arguments it... Shane HYATT, Petitioner, v. Joseph F. BELLNIER, Superintendent, Upstate Correctional Facility, Respondent. , S.D.N.Y., October 23, 2009 REPORT AND RECOMMENDATION ANDREW J. PECK, United States Magistrate Judge. To the Honorable Colleen McMahon, United States District Judge: Pro se petitioner Shane Hyatt seeks a writ of habeas corpus from his March 28, 2006 conviction, after a jury trial in Supreme Court, New York County, of attempted second degree assault, and his sentence of two to four years imprisonment. (Dkt. No. 2: Petition ["Pet."] ¶¶ 1-4.) Hyatt's habeas corpus petition asserts that: (1) his "conviction was against t... G & G STEEL, INC., Plaintiff, v. SEA WOLF MARINE TRANSPORTATION, LLC, Defendant. , S.D.N.Y., October 23, 2009 MEMORANDUM OPINION AND ORDER HAIGHT, Senior District Judge. Defendant Sea Wolf Marine Transportation, LLC ("Sea Wolf") moves pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint of plaintiff G & G Steel, Inc. ("G & G") for failure to state a claim upon which relief can be granted, [FN1] or in the alternative for summary judgment under Rule 56. The Court treats the motion as falling under Rule 56, because relevant documents, namely a time charter party and... CORDIUS TRUST, Plaintiff, v. Elizabeth KUMMERFELD, Kummerfeld Associates, Inc., Defendants. Cordius Trust, Petitioner, v. Donald Kummerfeld, Respondent. , S.D.N.Y., October 23, 2009 Bradford. S. Babbitt, James A. Wade, Robinson & Cole LLP, Hartford, CT, for Plaintiff Cordius Trust. Kenneth F. McCallion, McCallion & Associates LLP, New York, NY, for Respondent Donald D. Kummerfeld and Defendants Elizabeth M. Kummerfeld and Kummerfeld Associates, Inc. OPINION & ORDER DENISE COTE, District Judge. The present motion for contempt and supplemental relief arises out of the efforts of Cordius Trust ("Cordius") to enforce judgments against Donald D. Kummerfeld ("Mr.Kummerfel... Carol D. FABER and the Estate of Russell E. Young, by and through its duly appointed Administrator, Tonia M. Ray, individually and on behalf of all others similarly situated, Plaintiffs, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant. , S.D.N.Y., October 23, 2009 OPINION & ORDER Hon. HAROLD BAER, JR., District Judge. Plaintiffs Carol D. Faber ("Faber") and the Estate of Russell E. Young ("Young Estate") (collectively, "Plaintiffs") bring this putative class action alleging a single cause of action: that the use of a "Total Control Account" ("TCA") by Metropolitan Life Insurance Company ("MetLife") to distribute death benefits constitutes a breach of fiduciary duties under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1104(a), 110... UNITED STATES of America v. Jamal JOHNSON, Defendant. , S.D.N.Y., October 23, 2009 SENTENCING OPINION SWEET, District Judge. On May 22, 2009, Jamal Johnson ("Johnson" or "Defendant") appeared before the Honorable Gabriel W. Gorenstein and pleaded guilty to one count of Possession of a Firearm by a Felon, in violation of 18 U.S.C. § 922(g)(1). For the reasons set forth below, Johnson will be sentenced to 52 months' imprisonment and a term of three years' supervised release. Johnson also will be required to pay a special assessment of $100. Prior Proceedings Information 09... Joyce HUNTLEY on behalf of herself and others similarly situated, Plaintiff, v. LAW OFFICE OF RICHARD CLARK, PLLC, Defendant. , E.D.N.Y., October 23, 2009 Adam J. Fishbein, Esq., Cederhurst, NY, Attorney for the Plaintiff. Michael G. McAuliffe, Esq., Melville, NY, Attorney for the Defendant. MEMORANDUM OF DECISION AND ORDER ARTHUR D. SPATT, District Judge. On October 9, 2008, Joyce Huntley ("the Plaintiff") filed a complaint on behalf of herself and others similarly situated against The Law Office of Richard Clark, PLLC ("the Defendant"), alleging that one of the Defendant's employees made threatening phone calls to her and other consumers... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com