REPORT AND RECOMMENDATION (Docs. 15, 17) JOHN M. CONROY, Magistrate Judge. This is an appeal from the second decision of the Commissioner of Social Security ("Commissioner") rejecting Plaintiff Steven DiMaggio's 2007 applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"). DiMaggio has filed a motion seeking to once again remand the matter to the Commissioner, this time for consideration of new evidence pursuant to sentence six of 42 U.S.C. 405(g). (...
OPINION AND ORDER (Does. 5 & 11) GEOFFREY W. CRAWFORD, District Judge. Plaintiff Anne Vilbrin seeks reversal and remand of the Commissioner of Social Security's denial of her application for disability insurance benefits. See 42 U.S.C. 405(g). Before the court are Vilbrin's motion to reverse the Commissioner's decision (Doc. 5) and the Commissioner's motion to affirm the decision (Doc. 11). I. Background Vilbrin was born in 1967 and was thirty-seven years old on her alleged disability...
OPINION AND ORDER (Does. 10, 13) GEOFFREY W. CRAWFORD, District Judge. Plaintiff Alan Alexander brings this action pursuant to 42 U.S.C. 405(g) of the Social Security Act, requesting review and remand of the decision of the Commissioner of Social Security ("Commissioner") denying his application for supplemental security income ("SSI"). Pending before the court are Alexander's motion to reverse the Commissioner's decision (Doc. 10) and the Commissioner's motion to affirm the same (Doc. 13)....
ORDER ON MOTION FOR PRELIMINARY INJUNCTION (Doc. 5) J. GARVAN MURTHA, District Judge. The parties to this action are manufacturers of cookie cutters. Plaintiff Ann Clark, Ltd. ("Ann Clark") claims Defendant R&M International Corp. ("R&M") has failed to designate the geographic origin of its cookie cutters in violation of the Lanham Act, 15 U.S.C. 1125(a), the Vermont Consumer Protection Act, 9 V.S.A. 2451 et seq. , and Vermont common law of unfair competition. (Doc. 1 1.) Pending is...
ORDER ON MOTION TO DISMISS (Doc. 4) J. GARVAN MURTHA, District Judge. I. Introduction Plaintiff Martha Tucker brings claims against Defendant Lyle Decker, a Vermont state police officer, for malicious prosecution, defamation, and invasion of privacy, torts under 42 U.S.C. 1983 and state common law. (Doc. 1.) Decker moves to dismiss, arguing the Court lacks subject matter jurisdiction and he has qualified immunity. (Doc. 4.) II. Factual Background Plaintiff Tucker was Superintendent...
ORDER J. GARVAN MURTHA, District Judge. The Magistrate Judge's Report and Recommendation was filed September 12, 2014. (Doc. 12.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. 636(b)(1). Plaintiff's motion for an order reversing the decision of the Commissioner (Doc. 7) is DENIED. Defendant's motion for an order affirming the Commissioner's decision (Doc. 10) is GRANTED. The decision of the Commissioner is...
ORDER RE: MOTION FOR AN ORDER DIRECTING THE GOVERNMENT TO ELECT BETWEEN COUNT 1 AND COUNT 2 ON MULTIPLICITY GROUNDS WILLIAM K. SESSIONS, III, District Judge. Defendant Edin Sakoc is charged with offenses related to his application for United States citizenship. Count 1 of the indictment charges him with knowingly procuring naturalization contrary to law in violation of 18 U.S.C. 1425(a). Count 2 charges him with knowingly procuring naturalization to which he was not entitled in violation...
ORDER RE: MOTION TO DISMISS DUE TO PRE-INDICTMENT DELAY WILLIAM K. SESSIONS, III, District Judge. Defendant Edin Sakoc is charged with offenses related to his application for United States citizenship in 2007. Trial in this matter is currently scheduled for January 12, 2015. Sakoc has moved to dismiss the indictment on the basis of pre-indictment delay. For the reason set forth below, the motion is denied. Factual Background In 2001, Sakoc applied for and was granted refugee status in...
Opinion and Order WILLIAM K. SESSIONS, III, District Judge. Defendant Edin Sakoc moves to exclude the recorded deposition testimony of Zarko Cutura in its entirety because Mr. Cutura refused to answer relevant and non-collateral questions on cross-examination and thereby deprived Mr. Sakoc of his Sixth Amendment right to confrontation. ECF No. 96. He also moves to exclude all tape recordings and transcripts of phone calls that he made or received while in jail as irrelevant under Rule 401...
OPINION AND ORDER (Docs. 16, 18) JOHN M. CONROY, Magistrate Judge. Plaintiff Sherri Langlois brings this action pursuant to 42 U.S.C. 405(g) of the Social Security Act, requesting review and remand of the decision of the Commissioner of Social Security ("Commissioner") denying her application for disability insurance benefits. Pending before the Court are Langlois's motion to reverse the Commissioner's decision (Doc. 16), and the Commissioner's motion to affirm the same (Doc. 18). For the...
OPINION AND ORDER AFFIRMING IN PART, REVERSING IN PART, AND REMANDING THE BANKRUPTCY COURT'S JULY 1, 2014 ORDER DISMISSING APPELLANT'S CASE WITH PREJUDICE (Doc. 3) CHRISTINA REISS, Chief District Judge. Debtor Andrea K. Shader ("Debtor") appeals a July 1, 2014 Order from the United States Bankruptcy Court for the District of Vermont denying Debtor's motion to continue and dismissing her case with prejudice. Debtor also appeals: (1) a March 27, 2014 Order reopening Debtor's bankruptcy case...
OPINION AND ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE AND STATEMENTS (Doc. 47) CHRISTINA REISS, Chief District Judge. This matter came before the court on November 4, 2014 for an evidentiary hearing on Defendant Tyshawn Mack's motion to suppress evidence and statements (Doc. 47). Winooski Police Department Sergeant Michael Cram ("Sergeant Cram"), Vermont Drug Task Force ("VDTF") Detective Matthew Plunkett ("Detective Plunkett"), and Vermont State Police ("VSP") Trooper Angela...
OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (Docs. 11, 14 & 19) CHRISTINA REISS, Chief District Judge. This matter came before the court for a review of the Magistrate Judge's October 16, 2014 Report and Recommendation ("R & R"). Plaintiff has filed a motion to reverse the decision of the Commissioner. (Doc. 11.) Defendant opposes the motion and has filed a cross motion for an order affirming the decision of the Commissioner. (Doc. 14.) Neither party has objected...
OPINION AND ORDER RE: PLAINTIFF'S MOTION FOR CONTEMPT AND SANCTIONS (Doc. 126) GEOFFREY W. CRAWFORD, District Judge. This wrongful termination suit is before the court on plaintiff Thersia Knapik's motion for contempt and sanctions. (Doc. 126.) Following a hearing, this court ordered defendant Mary Hitchcock Memorial Hospital (MHMH) to produce certain documents for in camera review to determine whether they were privileged from disclosure. The court determines that the documents are protected...
RULING ON MOTIONS TO STRIKE ANSWER AND APPOINT COUNSEL (Docs. 7, 8) J. GARVAN MURTHA, District Judge. I. Introduction On July 21, 2014, the United States filed a Verified Complaint of Forfeiture in rem against the Defendant, $13,731 in U.S. Currency. (Doc. 1.) The currency was seized because there was probable cause to believe it constituted the proceeds of transactions involving controlled substances, and therefore was forfeitable under 21 U.S.C. 881(a)(6). Id. On September 11, 2014,...
MEMORANDUM AND ORDER (Docs. 78, 80, 82) J. GARVAN MURTHA , District Judge . I. Introduction Plaintiff Vermonters for a Clean Environment, Inc., along with individual plaintiffs, 1 (collectively, Plaintiffs) commenced this action under the Administrative Procedure Act in April 2012, raising claims under the National Environmental Policy Act and the Wilderness Act. (Doc. 1.) Plaintiffs oppose the United States Department of Agriculture Forest Service (the "Forest Service") decision...
Opinion and Order WILLIAM K. SESSIONS, III, District Judge. In light of the Court's recent remand order, the parties have each filed a motion now pending before the Court. First, Plaintiff moves for attorney's fees for wrongful removal. ECF No. 35. Second, Defendant moves for a certificate of appealability and to stay the proceedings. ECF No. 37. For the following reasons the Court denies both motions. I. Relevant Background Plaintiff originally filed this action in Vermont Superior...
OPINION AND ORDER (Does. 9 & 11) GEOFFREY W. CRAWFORD, District Judge. Hugh Mandly died on January 4, 2011 while his application for disability insurance benefits was pending. His minor son, Anthony Michael Betourney-Pavao, seeks reversal and remand of the Commissioner of Social Security's denial of Mandly's application for disability insurance benefits. See 42 U.S.C. 405(g). Before the court are Betourney-Pavao's motion to reverse the Commissioner's decision (Doc. 9) and the Commissioner's...
ORDER ON PROPOSED STIPULATED DISCOVERY SCHEDULE (Doc. 327) J. GARVAN MURTHA, District Judge. The parties have submitted a Proposed Stipulated Discovery Schedule. (Doc. 327.) Having reviewed the proposed discovery schedule, the Court notes it extends until April 2017, which appears excessive. Class Counsel argues that an extended discovery period is warranted due to case complexity and other extraordinary circumstances. (Doc. 327-1.) Class Counsel plans to establish contact with named...
OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (Does. 97, 103, 111, 112) CHRISTINA REISS, Chief District Judge. This matter came before the court for a review of the Magistrate Judge's September 23, 2014 Report and Recommendation ("R & R"). Defendant George Allen has filed a motion pursuant to 28 U.S.C. 2255 that seeks to vacate, set aside, or correct a judgment and sentence imposed by this court on the grounds that he received ineffective assistance of counsel...
