The United States previously obtained judgment against an individual who failed to pay taxes for 11 years. It now moved to foreclose real property owned by the defendant. The court granted the United States’ motion for summary judgment and ordered ...

Tagged with: Civil Practice Judge M. Hannah Lauck U.S. District Court - Eastern District

A contract employee plausibly stated claims for FLSA violations and breach of contract based on allegations that his employer withheld two weeks of paychecks. Because the state court in his earlier-filed action on the same grounds had not made any ...

Tagged with: Employment Judge M. Hannah Lauck U.S. District Court - Eastern District Wage & Hour

Defendants who asked the court to dismiss the case against them for lack of subject-matter jurisdiction had no basis to appeal the court’s denial without prejudice. The court had denied the motion on procedural grounds and ordered jurisdictional discovery to ...

Tagged with: Civil Procedure Judge M. Hannah Lauck U.S. District Court - Eastern District

Because the existing record gave the court no grounds to determine whether (1) the defendant was lawfully present in the U.S. at the time a firearm was found in his residence or (2) whether the conviction statute could satisfy Second ...

Tagged with: Criminal Judge M. Hannah Lauck U.S. District Court - Eastern District

A contract employee plausibly stated claims for FLSA violations and breach of contract based on allegations that his employer withheld two weeks of paychecks. Because the state court in his earlier-filed action on the same grounds had not made any ...

Tagged with: Judge M. Hannah Lauck U.S. District Court - Eastern District Wage & Hour

Defendants who asked the court to dismiss the case against them for lack of subject-matter jurisdiction had no basis to appeal the court’s denial without prejudice. The court had denied the motion on procedural grounds and ordered jurisdictional discovery to ...

Tagged with: Civil Procedure Judge M. Hannah Lauck U.S. District Court - Eastern District

Because the existing record gave the court no grounds to determine whether (1) the defendant was lawfully present in the U.S. at the time a firearm was found in his residence or (2) whether the conviction statute could satisfy Second ...

Tagged with: Criminal Judge M. Hannah Lauck U.S. District Court - Eastern District

A plaintiff allegedly trying to assume the loan obligations on a home owned by her late husband did not plausibly allege facts to support her breach-of-contract claims against the lender. The entity that conducted the foreclosure sale was dismissed as ...

Tagged with: Banking Contract Judge M. Hannah Lauck Mortgage Real Estate Real Property U.S. District Court - Eastern District

In a multi-plaintiff race discrimination suit against a state agency, the court said an attempt to “streamline” the original complaint did just the opposite, finding that plaintiff-by-plaintiff presentation of allegations was repetitive and too many claims relied on “information and ...

Tagged with: Civil Procedure Civil Rights Employment Employment Discrimination Judge M. Hannah Lauck U.S. District Court - Eastern District

Although the plaintiff’s choice of venue would ordinarily be entitled to great weight, several factors tipped the balance in favor of transfer to California, including the location of the defendant company’s headquarters, the location of key witnesses, and the small ...

Tagged with: Business Law Civil Procedure Class Action Judge M. Hannah Lauck U.S. District Court - Eastern District