27 results for 'judge:"McAuliffe"'.
J. McAuliffe grants a government agency’s motion for summary judgment against an employee suing it for gender and age discrimination after it promoted younger, male applicants, with allegedly less experience, over her. The employee failed to initiate contact with an equal employment opportunity counselor in a timely manner and she fails to demonstrate that the agency’s claim, that the younger candidates had more of the types of experiences they were looking for, is a pretext for discrimination.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: March 26, 2024, Case #: 1:20cv514, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination
J. McAuliffe approves, in part, a $3 million settlement of a worker’s class wage and labor claims against Amazon. The settlement is fair, reasonable and adequate.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: March 22, 2024, Case #: 2:21cv1292, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action
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J. McAuliffe recommends granting, in part, $7,100 in attorney fees and costs to an individual following her acceptance of judgment in her debt collection case. The requested $16,700 is reduced, in part, because the requested hourly rates for the attorneys and paralegals does not reflect prevailing market rates for the district.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: March 13, 2024, Case #: 1:23cv186, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Attorney Fees
J. McAuliffe grants three care facilities’ motion to dismiss claims brought against them for allegedly neglecting to properly care for a senior who needed their services. It’s unclear if the senior, who has since passed away, reestablished a domicile in Maine prior to his death.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: February 9, 2024, Case #: 1:23cv230, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, Negligence, Elder Abuse
J. McAuliffe denies, in part, an individual’s motion to strike trader Markus Heitkoetter’s action against him under California’s Anti-SLAPP law. The commercial speech exemption applies to the videos at issue, which the individual posted on YouTube.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: January 29, 2024, Case #: 1:22cv368, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Anti-slapp, Defamation
J. McAuliffe denies, in part, two attorneys’ motion to dismiss a man’s civil rights action pertaining to his 11-year detention pending trial on the issue of whether his was a sexually violent predator. He has adequately pleaded his claims, including for deliberate indifference, and the attorneys' equitable tolling argument is fact-intensive and, therefore, must be resolved at the summary judgment stage.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: January 11, 2024, Case #: 1:22cv157, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. McAuliffe grants judgment in favor of three university officials accused by a member of the public of unlawfully barring him from using the university’s transportation system and of violating his First and 14th Amendment rights by intimidating other university officials into refusing him educational and transportation services. On multiple occasions while using the university’s transportation system, the member of the public behaved in a rude and unsafe manner.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: December 7, 2023, Case #: 1:22cv391, NOS: Other Civil Rights - Civil Rights, Categories: Education, Transportation, First Amendment
J. McAuliffe recommends granting, in part, default judgment to an individual on his Americans with Disabilities Act claims against a sushi restaurant. The individual has shown the restaurant, which did not respond to the complaint, does not provide sufficiently accessible restrooms, while the path to the entryway was overly steep and the door difficult to open.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: October 13, 2023, Case #: 1:23cv207, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act
J. McAuliffe grants in part a city’s motion to dismiss claims brought against it by the buyer of a property for environmental contamination found on the property after it was indicated that the contamination had been remediated. While the buyer provides just enough information to support its Comprehensive Environmental Response, Compensation and Liability Act of 1980 claims at this stage, it does not provide enough support of the idea that the city owes it a duty in its negligence claims.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: October 13, 2023, Case #: 1:22cv573, NOS: Environmental Matters - Other Suits, Categories: Environment, Property, Real Estate
J. McAuliffe grants a town’s motion for summary judgment against a police officer formerly employed by Salem, New Hampshire, who accused the town of defamation, infliction of emotional distress, conversion and unlawful disclosure of his confidential medical information after it denied him worker’s compensation benefits. The town did not commit defamation and is also not at fault for infliction of emotional distress, unlawful disclosure or conversion because the statements its agents made were to initiate further investigation as a normal part of judicial proceedings under a reasonable suspicion that the officer acted fraudulently.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: July 12, 2023, Case #: 1:22cv131, NOS: Other Civil Rights - Civil Rights, Categories: Defamation, Conversion, Workers' Compensation
J. McAuliffe recommends granting, in part, an individual’s motion for default judgment on Americans with Disabilities Act claims against a bait shop. The individual sufficiently shows alleges he is disabled, and that the shop's aisles were too narrow, the counter was too high and there was a lack of accessible parking.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: June 29, 2023, Case #: 1:22cv552, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act
J. McAuliffe recommends granting, in part, an individual’s motion for default judgment on her ADA claims against a Mexican restaurant. The disabled individual sufficiently pleaded the restaurant violated the Act based, in part, on allegations it lacked accessible parking, its tables were inaccessible and its service window was too high.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: June 13, 2023, Case #: 1:22cv643, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act
J. McAuliffe recommends granting, in part, a group of workers’ motion for class certification of their labor claims against Amazon and others. The workers have shown typicality and commonality on certain claims, including a class pertaining to a meal period waiver, and a violation of a wage statement.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: May 26, 2023, Case #: 1:18cv120, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor