Cases

NORMAN K. MOON, SENIOR UNITED STATES DISTRICT JUDGE Congress enacted the Employee Retirement Income Security Act of 1974, or *666ERISA, to protect employees and the benefit plans employers create for them. Congress did this by imposing high standards of fiduciary duty on plan administrators and banning certain types of transactions with "intere

OPINION VIGIL, Judge. {1} In this medical malpractice case, Defendants moved to exclude the causation opinion of Plaintiffs’ expert witness on the basis that the expert was unqualified to give his opinion regarding the efficacy of prophylactic antibiotics and that the testimony was scientific knowledge, which Plaintiffs were unable to establish as reliable. The district co

Honorable Roslyn O. Silver, Senior United States District Judge The Secretary of Labor ("the Secretary") brought this action against Defendants Austin Electric Services and Toby Thomas ("Defendants") for alleged violations of the Fair Labor Standards Act ("FLSA"). Before the Court is the Secretary's motion to strike Defendants' jury demand from their Answer to the Second Amended Complaint. (Doc. 263.) For the foregoing reasons, the

OPINION WENDY BEETLESTONE, District Judge Presently before the Court is Plaintiffs Motion for Reconsideration (ECF No. 82-1) of the order granting Defendants’ Motion in Limine (ECF No. 74) to preclude the lay testimony of Wage and Hour Investigator (“WHI”).. Jennifer Azeles. For the following reasons, Plaintiffs motion will be granted. I. BACKGROUND This case concer

MEMORANDUM ** Conrado Acosta appeals pro se the district court’s order dismissing for lack of subject matter jurisdiction his action for return of currency seized. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. We review de novo the district court’s determination that it lacked subject matter jurisdiction. Stock W. Corp. v. Taylor, 964 F.2d 912, 917 (9th Cir.1

Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered December 16, 2015, unanimously affirmed. Although we find that defendant did not make a valid waiver of the right to appeal, we perceive no basis for reducing the sentence. Concur — Acosta, P.J., Manzanet-Daniels, Gische, Kapnick and Kahn, JJ.

Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered December 16, 2015, unanimously affirmed. Although we find that defendant did not make a valid waiver of the right to appeal, we perceive no basis for reducing the sentence. Concur — Acosta, P.J., Manzanet-Daniels, Gische, Kapnick and Kahn, JJ.

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, Bronx County (William McGuire, J., at plea; Robert Torres, J., at sentencing), rendered November 6, 2014, said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive, it is unanimously ordered that the judgment so appealed from be and the same is hereby affirme

Judgment, Supreme Court, Bronx County (Michael A. Gross, J., at plea; John Moore, J., at sentencing), rendered September 23, 2014, unanimously affirmed. Although we do not find that defendant made a valid waiver of the right to appeal (see People v Powell, 140 AD3d 401 [1st Dept 2016]), we perceive no basis for reducing the sentence. Concur — Swe

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, Bronx County (William McGuire, J., at plea; Robert Torres, J., at sentencing), rendered November 6, 2014, said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive, it is unanimously ordered that the judgment so appealed from be and the same is hereby affirme

Van Deren, J. Louis Roger Acosta, Jr., appeals his convictions for first degree robbery, second degree theft, taking a motor vehicle without permission (TMVOP), and methamphetamine possession. Acosta’s defense was diminished capacity. He asserts that the trial court erred by (1) admitting arrest and conviction evidence, (2) suppressing sexual abuse evidence, (3) miscalculating his offender score, and (4) not finding that

THOMAS, J., Pursuant to Pa.R.A.P. 311(d), the Commonwealth appeals the order of this court dated December 4, 2000, granting defendant Miqueas Acosta’s motion to suppress. This opinion is filed in accordance with Pa.R.C.P. 1925(a). At the suppression hearing, the defendant argued that the search was unlawful because it was made pursuant to a pre-textual stop; it was the result of an illegal seizure; th

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered June 20, 2012, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree (two counts), criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the fifth degree, and sentencing him to an aggregate term of 12 years, unanimously affirmed. As the People concede, the record does not

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered June 20, 2012, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree (two counts), criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the fifth degree, and sentencing him to an aggregate term of 12 years, unanimously affirmed. As the People concede, the record does not

Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered May 31, 2013, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of five years, unanimously affirmed. The sentencing court properly adjudicated defendant a second violent felony offender. Defendant’s predicate felony, criminal

—Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about February 4, 2011, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs. The court providently exercised its discretion in declining to grant a downward departure to level two (see People v Cintron, 12 NY3d 60, 70 [2009], cert denied 558

—Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about February 4, 2011, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs. The court providently exercised its discretion in declining to grant a downward departure to level two (see People v Cintron, 12 NY3d 60, 70 [2009], cert denied 558

357 F.Supp.2d 1228 (2005) UNITED STATES of America, Plaintiff, v. Charles ACOSTA et al., Defendants. No. CR-S-03-542-JCM(PAL). United States District Court, D. Nevada. January 31, 2005. *1230 Eric Johnson, Esq., Chief, Organized Crime Strike Force, Andrew Duncan, Esq., Office of the United States Attorney, Las Vegas, NV, for plai

377 F.Supp.2d 647 (2005) Denis ACOSTA,[1] Leticia Rosas, Irma Abrajan, Maria De Jesus Garcia and Patricio Solano on behalf of themselves and other persons similarly-situated, known and unknown, Plaintiffs, v. SCOTT LABOR LLC, Scott Borre and the Form House, Inc., Defendants. Scott Borre, an individual, Counter-Plaintiff, v. Denis Acosta, Counter-Defendant. No. 05 C 2518. United S

181 F.Supp.2d 422 (2002) UNITED STATES of America, v. Wilfredo MARTINEZ ACOSTA. No. CR. 98-362-11. United States District Court, E.D. Pennsylvania. January 9, 2002. Thomas R. Perricone, U.S. Attorney's Office, Philadelphia, PA, David H. Resnicoff, Office of U.S. Attorney, Philadelphia, PA, for U.S. Michael Giampietro, Krasner & Restrepo, Philadelphia, PA,