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Summary: 551 F. Supp. These are civil forfeiture actions which the government has filed against Four Million Two Hundred Fifty-Five Thousand Six Hundred and Twenty-Five Dollars and Thirty-Nine Cents ($4,255,625.39), on deposit at Capital Bank in account number XXXXXXXXXX in the name of Sonal, and against Three Million Six Hundred Eighty-Six Thousand Six Hundred Thirty-Nine Dollars ($3,686,639.00), in U.S. currency. That entity, as will be more particularly discussed, obtained United States dollars and, t......read more.


Summary: 410 F. Supp. Adventure Charters also asserted that Plaintiff could not alternatively arrest the Vessel in an in personam action pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims ("Rule B"), which only applies where "a defendant is not found within the district." Therefore, Plaintiff requested leave to amend the complaint to assert an in personam claim against Adventure Charters as, the owner of the Vessel under Rule B and convert the Rule C arrest to a Rule B......read more.


Summary: 677 F. Supp. 2d 1331 (2010) James A. BACON, Karl F. Popp, and Marion Burk, individually and on behalf of others similarly situated, Plaintiffs, v. STIEFEL LABORATORIES, INC., a Delaware corporation, Charles W. Stiefel, Brent D. Stiefel, Todd Stiefel, Lodewijk De Vink, Committee Member # 1, Committee Member # 2, Committee Member #3, Matt S. Patullo, Terrence N. Bogush, and Bogush & Grady, LLP., a New York Limited Liability Partnership, Defendants. Count 1 alleges Breach of Fiduciary Duty under th......read more.


Summary: 484 F. Supp. 2d 80 (1957); Bracewell v. Nicholson Air Servs., Inc., 680 F.2d 103, 104 (11th Cir.1982). 2d 90 (1974); Gonzalez v. McNary, 980 F.2d 1418, 1419 (11th Cir. GJR Investments, Inc. v. County of Escambia, 132 F.3d 1359, 1367 (11th Cir. See also Veney v. Hogan, 70 F.3d 917, 922 (6th Cir.1995) (holding that complaint must "include the specific, non-conclusory allegations of fact that will enable the district court to determine that those facts, if proved, will overcome the defense of quali......read more.


Summary: 612 F. Supp. 1492 (1985) UNITED STATES of America, Plaintiff, v. CERTAIN REAL ESTATE PROPERTY LOCATED AT 4880 S.E. DIXIE HIGHWAY, etc., Defendants. The issue presented in this case is whether the Attorney General's seizure of real property pursuant to 21 U.S.C. § 881(b) and the Supplemental Rules for Certain Admiralty and Maritime Claims without a prior ex parte judicial determination that the property is subject to forfeiture violates the due process clause of the Fifth Amendment. Section 881(b......read more.


Summary: 21 B.R. 1011 (1982) Jay GREENBERG, Appellant, v. Carl SCHOOLS, Appellee. In the early 1970's the parties to this action, Jay Greenberg and Carl Schools, formed a corporation known as Greater Asbury Collections, Inc. In his complaint in the New Jersey proceeding, Greenberg alleged that Schools engaged in, among other things, fraud, misappropriation and misuse of corporate funds while acting in a fiduciary capacity in managing the corporation. Consequently, Greenberg again brought suit against Sch......read more.


Summary: 804 F. Supp. I. POLYGRAPH EXAMINATION This Court notes that the admission of polygraph examinations into evidence is governed by United States of America v. Piccinonna, 885 F.2d 1529 (11th Cir.1989). United States v. Real Property And Residence at 3797 S.W. 111th Avenue, Miami, Florida, 921 F.2d 1551, 1554-55 (11th Cir.1991). United States v. Property And Greene & Tuscaloosa Counties, 941 F.2d 1428 (11th Cir.1991); United States v. One Single Family Residence, 731 F. Supp. United States v. Real ......read more.


Summary: 278 F. Supp. THIS CAUSE comes before the Court upon Defendant's Motion to Dismiss Amended Complaint or Strike Class Action Allegations (DE 26), filed January 31, 2003. THIS CAUSE is before the Court on the defendant's Motion to Dismiss Amended Complaint, or, in the Alternative, to Strike Class Action Allegations (DE 26), which was referred to United States Magistrate Judge Lurana S. Snow for report and recommendation. The defendant relies primarily on the case of Jang v. United Technologies Corp......read more.


Summary: 773 F. Supp. Defense Counsel have submitted to the Court-appointed Named Fiduciary of the Funds an application for payment of attorneys fees and litigation expenses incurred in their defense of the Funds and the trustees in this action and now move the Court to authorize payment. The issue before the Court is whether, in the context of the subject action, the payment of Defense Counsel's fees and expenses from assets of the Funds is permissible under the Employee Retirement Income Security Act o......read more.


Summary: 526 F. Supp. 2d 1324 (2007) Sandra HAJTMAN, Plaintiff, v. NCL (BAHAMAS) LTD. d/b/a NCL and Jane Doe (ship's nurse), and Dr. Doe (ship's doctor), Defendants. Everett v. Carnival Cruise Lines, 912 F.2d 1355, 1358 (11th Cir.1990) (holding "[e]ven when the parties allege diversity of citizenship as the basis of the federal court's jurisdiction, if the injury occurred on navigable waters, federal maritime law governs"). Encapsulated within those counts, Plaintiff asserts the following theories of rec......read more.


Summary: 756 F. Supp. 2d 1370 (2010) MOHEB, INC. d/b/a Mr. Moe's, Plaintiff, v. CITY OF MIAMI, FLORIDA, Defendant. See, e.g., Hill v. City of El Paso, 437 F.2d 352, 357 (5th Cir.1971) (holding that the "routine application of zoning regulations... is distinctly a feature of local government," which presented a "classic" case for abstention under Pullman); Fields v. Rockdale County Georgia, 785 F.2d 1558, 1561 (11th Cir.1986) (citing Hill and noting again that "[m]atters of land use planning are primarily......read more.


Summary: 763 F. Supp. 584 (1991) William BAHR, Plaintiff, v. NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC., Defendant. Shortly thereafter, on April 22, 1991, the Defendant, National Association of Security Dealers, Inc. ("NASD") removed the proceeding under 28 U.S.C. § 1446(b) on the ground that this court had original jurisdiction pursuant to 28 U.S.C. § 1331, insofar as the Plaintiff's Verified Amended Complaint was founded on claims or rights arising under the Constitution and laws of the United St......read more.


Summary: 36 F. Supp. Defendant Dade County School Board (the "School Board") has answered the complaint and now files this motion for partial summary judgment as to Masson's claim for hostile work environment. Since 1992, Masson alleges she was subjected to a hostile work environment based upon the actions and explicit sexual remarks of John Leyva ("Leyva"), the school principal since 1991 and Masson's supervisor. The following are allegations made by Masson and undisputed by the School Board concerning ......read more.


Summary: 645 F. Supp. 484 (1986) ROLEX WATCH U.S.A., INC., Plaintiff, v. Norman CANNER; Leonard Gutterman, et al., Defendants. MEMORANDUM OPINION & ORDER ENTERING SUMMARY JUDGMENT IN FAVOR OF THE PLAINTIFF ON THE ISSUES OF LIABILITY AND PERMANENT INJUNCTIVE RELIEF AGAINST STEIN DEFENDANTS AND DEFENDANTS, TORKINGTON, CANNER, AND GUTTERMAN SPELLMAN, District Judge. I BACKGROUND This CAUSE comes before the Court on the Plaintiff's, Rolex Watch U.S.A. Inc's, Motion for Reconsideration of its Motion for Summa......read more.


Summary: 626 F. Supp. 2d 1238 (2009) Richard BOEHM, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. THIS MATTER is before the Court upon the Report And Recommendation (DE 17) filed herein by United States Magistrate Judge Lurana S. Snow, Plaintiff Richard Boehm's Motion For Summary Judgment (DE 11), and Defendant's Motion For Summary Judgment (DE 16). (R:548-49) On March 26, 2003, the plaintiff presented to Selwyn Carrington, M.D., an endocrinologist who treated the plaintiff for insulin-depend......read more.




Summary: 215 F. Supp. Plaintiff now sues Defendant for violations of the Equal Pay Act,[1] for being paid less as a woman for the years 1999, 2000 and 2001, as compared to similarly situated men, Syd Pachter, Dan Sours and Jim Williams. Walker v. Darby, 911 F.2d 1573, 1577 (11th Cir.1990). See Miranda v. B & B Cash Grocery Store, Inc., 975 F.2d 1518, 1533 (11th Cir.1992) ("[O]nly the skills and qualifications actually needed to perform the jobs are considered."). Irby v. Bittick, 44 F.3d 949, 956 (11th C......read more.




Summary: 855 F. Supp. (citations omitted); St. Joseph's Hosp., Inc. v. Hospital Corp. of America, 795 F.2d 948, 954 (11th Cir.1986); Quality Foods v. Latin American Agribusiness Development Corp., 711 F.2d 989, 995 (11th Cir.1983) (Plaintiffs' "threshold of sufficiency ... is exceedingly low.").


Summary: 232 F. Supp. 1954) affirming Kintner v. United States, 107 F. Supp. 976 (D.Mont.1952) and Galt v. United States, 175 F. Supp. (Kintner, 216 F.2d at 424) The United States cites and in part relies upon the case of Mobile Bar Pilots Ass'n. v. Commissioner, 97 F.2d 695 (5th Cir.