OPINION AND ORDER RE: DEFENDANTS' MOTION TO DISMISS (Doc. 11) GEOFFREY W. CRAWFORD , District Judge . The defendants Orange East Supervisory Union, Waits River Valley School, and Carlotta Perantoni, Principal and LEA, move to dismiss the plaintiff's Complaint for Attorneys' Fees (Doc. 1), pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow below, defendants' Motion to Dismiss (Doc. 11) is GRANTED. I. Background The facts pertaining to this particular motion...
OPINION AND ORDER RE: DEFENDANT'S MOTION TO DISMISS THE INDICTMENT (Doc. 22) GEOFFREY W. CRAWFORD , District Judge . Defendant is charged with threatening a public official in violation of 18 U.S.C. 115(a)(1)(B). He has filed a Motion to Dismiss the Indictment on the ground that it omits the element of intent. A hearing was held on December 14, 2015, at which time the court took the Motion under advisement. The Indictment reads as follows: On or about April 14, 2015, in the District of...
ORDER WILLIAM K. SESSIONS, III , District Judge . The Report and Recommendation of the United States Magistrate Judge was filed October 29, 2015. Defendant's objection was filed November 16, 2015. A district judge must make a de novo determination of those portions of a magistrate judge's report and recommendation to which an objection is made. Fed. R. Civ. P. 72(b); 28 U.S.C. 636(b) (1); Perez-Rubio v. Wyckoff, 718 F.Supp. 217 , 227 (S.D.N.Y. 1989). The district judge may "accept,...
ORDER WILLIAM K. SESSIONS, III , District Judge . The Report and Recommendation of the United States Magistrate Judge dated November 17, 2015. After careful review of the file and the Magistrate Judge's Report and Recommendation, no objections having been filed by any party, this Court ADOPTS the Magistrate Judge's recommendations in full for the reasons stated in the Report. The Plaintiff's Motion for Order Reversing Decision of Commissioner (Doc. 15) is GRANTED IN PART, and the...
OPINION AND ORDER RE: DEFENDANTS' MOTION TO DISMISS (Doc. 15) GEOFFREY W. CRAWFORD , District Judge . Defendants have filed a Motion to Dismiss for lack of subject matter jurisdiction and for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(1) and (6). (Doc. 15.) They allege that, under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400-1490, Plaintiffs' failure to exhaust administrative remedies bars the federal claims under the Americans with...
ENTRY ORDER DENYING DEFENDANT'S MOTIONS TO FILE LATE NOTICE OF APPEAL (Docs. 7, 44) CHRISTINA REISS , Chief District Judge . Pending before the court are Defendant Joseph Lee Darling's motions to file a late notice of appeal. (Docs. 7, 44.) Defendant argues that good cause exists for his delay because he was "in transit" with the United States Marshals Service "for much of the time between his last communication with his counsel" and the date on which he filed the motions. Id. at 2. The...
OPINION AND ORDER (Doc. 4) GEOFFREY W. CRAWFORD , District Judge . In this lender-liability case, Plaintiffs Blue Sky Builders, Inc. ("Blue Sky") and its President Michael Vereline sue Defendant Woodsville Guaranty Savings Bank ("Woodsville") claiming: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) tortious interference with business relations; and (4) equitable estoppel. ( See Doc. 1.) For relief, Plaintiffs seek a declaration that...
OPINION AND ORDER RE: DEFENDANT'S MOTION TO SUPPRESS EVIDENCE AND STATEMENTS (Doc. 38) GEOFFREY W. CRAWFORD , District Judge . Kyle Wolfe is charged with conspiracy to distribute heroin in violation of 21 U.S.C. 846, 841(a)(1). Wolfe moves to suppress all evidence and statements obtained after his arrest on April 30, 2015 on the grounds that law enforcement lacked reasonable suspicion to stop the vehicle in which he was traveling, law enforcement lacked probable cause to arrest him, and...
OPINION AND ORDER (Doc. 1) J. GARVAN MURTHA , District Judge . I. Introduction Appellant Laurie Kadoch (Kadoch) appeals the Bankruptcy Court's April 3, 2015 final order overruling creditors' objections to David Kadoch's (Debtor) homestead exemption. For the following reasons, the Bankruptcy Court's decision is affirmed. II. Background 1 Appellant Laurie Kadoch is the former spouse of Appellee David Kadoch who filed for bankruptcy under Chapter 13 of the Bankruptcy Code in October...
OPINION AND ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS PHYSICAL EVIDENCE AND STATEMENTS (Doc. 29) CHRISTINA REISS , Chief District Judge . This matter came before the court on November 18, 2015 for an evidentiary hearing on Defendant Gregory E. Herman's Motion to Suppress Physical Evidence and Statements (Doc. 29). Defendant argues that the traffic stop of the vehicle in which he was traveling was unreasonably prolonged beyond the time necessary to issue a warning or ticket for speeding....
ORDER J. GARVAN MURTHA , District Judge . The Magistrate Judge's Report and Recommendation was filed November 4, 2015. (Doc. 20.) 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. 15) is GRANTED. Defendant's motion for an order affirming the Commissioner's decision (Doc. 18) is DENIED. This matter is REMANDED for further...
RULING ON DEFENDANT'S MOTION TO DEFER ASSESSMENT AND RESTITUTION PAYMENTS (Doc. 107) J. GARVAN MURTHA , District Judge . Defendant Omar Rodriguez, a federal inmate proceeding pro se, moves to defer the assessment and restitution payments required under his sentence. (Doc. 107.) He argues he does not have the necessary financial resources to pay the assessment fees or restitution at this time and requests the Court defer the payments until he is released from prison and placed on supervised...
OPINION AND ORDER RE: DEFENDANT CORRECT CARE SOLUTIONS'S MOTION FOR CERTIFICATION OF ORDER DENYING SUMMARY JUDGMENT FOR INTERLOCUTORY APPEAL (Doc. 86) GEOFFREY W. CRAWFORD , District Judge . Defendant Correct Care Solutions ("CCS") has moved to certify an interlocutory appeal of the court's October 23, 2015 decision denying CCS's Motion for Summary Judgment. (Doc. 85.) For the reasons set forth below, CCS's motion to certify for interlocutory appeal is DENIED. I. Legal Standard "In...
DECISION AND ORDER ON MOTION FOR ORDER REQUIRING THE GOVERNMENT TO TIMELY COMPLY WITH F.R.C.P. 12(b)(4)(B) AND RULE 16 (Doc. 628) GEOFFREY W. CRAWFORD , District Court . Defendant has filed a Motion pursuant to Fed. R. Crim. P. 12(b)(4)(B) seeking "notice of the government's intent to use (in its evidence-in-chief at trial) any evidence that the defendant may be entitled to discover under Rule 16." (Doc. 628-1 at 1.) The Motion sets forth 16 topics or areas of potential information or...
OPINION AND ORDER (Docs. 13, 18) JOHN M. CONROY , Magistrate Judge . Plaintiff Leonard Bessette brings this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) of the Social Security Act, requesting review and remand of the decision of the Commissioner of Social Security denying his applications for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). Pending before the Court are Bessette's motion to reverse the Commissioner's decision (Doc. 13) and the...
ORDER WILLIAM K. SESSIONS, III , District Judge . The Report and Recommendation of the United States Magistrate Judge dated November 17, 2015. After careful review of the file and the Magistrate Judge's Report and Recommendation, no objections having been filed by any party, this Court ADOPTS the Magistrate Judge's recommendations in full for the reasons stated in the Report. The Plaintiff's Motion for Order Reversing Decision of Commissioner (Doc. 15) is GRANTED IN PART, and the...
REPORT AND RECOMMENDATION (Docs. 15, 18) JOHN M. CONROY , Magistrate Judge . Plaintiff Amy Burdick brings this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) under Title XVI of the Social Security Act (SSA), requesting review and remand of the decision of the Commissioner of Social Security denying her application for Supplemental Security Income (SSI). Pending before the Court are Burdick's motion to reverse the Commissioner's decision (Doc. 15), and the Commissioner's motion to...
OPINION AND ORDER William K. Sessions III , District Court Judge . Dean Corren, formerly a publicly-funded candidate for Vermont Lieutenant Governor, was accused in 2014 of receiving an unlawful contribution from the Vermont Democratic Party in violation of the state's campaign finance law. The Vermont Attorney General's Office investigated the matter and initiated a civil enforcement action against Corren in state court. That case is currently pending. Corren now comes to federal court...
OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (Docs. 1217, 1292, 1298) CHRISTINA REISS , Chief District Judge . This matter came before the court for a de novo review of the Magistrate Judge John M. Conroy's May 22, 2015 Report and Recommendation ("R & R") in which he recommended the court deny Defendant Noel Delarosa's motion pursuant to 28 U.S.C. 2255 to vacate his conviction and sentence on the grounds that he received ineffective assistance of counsel. (...
OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. 15) CHRISTINA REISS , Chief District Judge . Plaintiff Nadia International Market brings this action pursuant to 7 U.S.C. 2023(13) and 7 C.F.R. 279.7 seeking judicial review of the April 2, 2014 decision by the United States Department of Agriculture (the "Agency") permanently disqualifying Plaintiff from the Supplemental Nutrition Assistance Program (the "SNAP Program"). Plaintiff, a food retailer located in...
