ORDER WILLIAM K. SESSIONS, III , District Judge . The Report and Recommendation of the United States Magistrate Judge was filed August 28, 2018. 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. A district judge must make a de novo determination of those portions of a magistrate judge's report and...
ORDER WILLIAM K. SESSIONS, III , District Judge . The Report and Recommendation of the United States Magistrate Judge was filed September 24, 2018. Defendant filed his objections on November 6, 2018. After careful review of the file and the Magistrate Judge's Report and Recommendation, this Court ADOPTS the Magistrate Judge's recommendations in full for the reasons stated in the Report. A district judge must make a de novo determination of those portions of a magistrate judge's report...
OPINION AND ORDER (Docs. 9, 10) GEOFFREY W. CRAWFORD , Chief District Judge . Plaintiff Joy R. brings this action under 42 U.S.C. 405(g), requesting reversal of the decision of the Commissioner of Social Security denying her application for disability insurance benefits (DIB) and for supplemental security income (SSI). (Doc. 1.) Currently pending is Plaintiffs motion to reverse the decision of the Commissioner (Doc. 9) and the Commissioner's motion to affirm (Doc. 10). For the reasons...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . Now before the Court is Defendant's motion in limine to exclude Plaintiff from introducing evidence of Defendant's alleged use of an "illegal" or "banned" chemical on Plaintiff's tree nursery property. Defendant asserts that such evidence is inadmissible under Federal Rules of Evidence ("FRE") 401 and 403 because it is irrelevant, highly inflammatory and prejudicial, and likely to cause jury confusion. For the reasons set...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . Now before the Court is Defendant's motion in limine to permit Defendant to introduce evidence on cross-examination of prior lawsuits and claims involving Plaintiffs' principal, D. James Sutton. For the reasons set forth below, Defendant's motion is denied. Background A. Factual Background This case arose from a contract and fraud dispute between Plaintiffs Elhannon Wholesale Nurseries, LLC; Elhannon Wholesale Nurseries,...
ORDER WILLIAM K. SESSIONS, III , District Judge . The Report and Recommendation of the United States Magistrate Judge was filed October 10, 2018 (Doc. 50). 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. For the reasons set forth in said Report and Recommendation, the Court, sua sponte , exercises its...
DECISION AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. 47) GEOFFREY W. CRAWFORD , Chief District Judge . Plaintiff David Bain brings this employment case against Tracy Wrend, superintendent of the Lamoille South Supervisory Union ("LSSU"). Plaintiff is a former teacher employed by LSSU. He seeks damages for wrongful termination. In his November 23, 2015 amended complaint, plaintiff alleged that Defendant violated his First, Fifth and Fourteenth Amendment rights ("stigma plus"...
OPINION AND ORDER (Docs. 15, 17) JOHN M. CONROY , Magistrate Judge . Plaintiff Albert S. 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 denying his applications for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). Pending before the Court are Plaintiff's motion to reverse the Commissioner's decision (Doc. 15), and the Commissioner's motion to...
OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (Docs. 6 & 11) CHRISTINA REISS , District Judge . This matter came before the court for a review of the Magistrate Judge's July 25, 2018 Report and Recommendation ("R & R") (Doc. 11), in which he recommended that the court dismiss Plaintiff Jacob Forcier's Complaint for failure to properly serve Defendant Vermont Department of Corrections. (Doc. 6.) Neither party has filed an objection to the R & R, and the time...
OPINION AND ORDER (Docs. 14, 16) JOHN M. CONROY , Magistrate Judge . Plaintiff Diane B. 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 denying her application for Disability Insurance Benefits (DIB). Pending before the Court are Plaintiff's motion to remand the Commissioner's decision for further proceedings and a new decision (Doc. 14), and the Commissioner's parallel...
OPINION AND ORDER (Docs. 12, 17) JOHN M. CONROY , Magistrate Judge . Plaintiff Troy D. 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 denying his applications for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). Pending before the Court are Plaintiff's motion to reverse the Commissioner's decision for further proceedings and a new decision (Doc. 12)...
OPINION AND ORDER REGARDING POST-TRIAL ISSUES CHRISTINA REISS , District Judge . In this action, Plaintiffs Donna Browe, Tyler Burgess, Bonnie Jamieson, Philip Jordan, Lucille Launderville, and the Estate of Beverly Burgess (collectively, "Plaintiffs") assert Defendants CTC Corporation ("CTC") and Bruce Laumeister (collectively, "Defendants") violated the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001-1191c ("ERISA"). After a multi-day bench trial, the court issued...
OPINION AND ORDER (Docs. 37, 38) JOHN M. CONROY , Magistrate Judge . On July 9, 2018, this Court dismissed the Complaint in this matter for failure to state a claim plausibly alleging defamation (Doc. 35 at 46), and, on the same day, entered judgment against Plaintiff Soojung Jang, Ph.D. (Doc. 36.) Dr. Jang now moves to alter or amend the judgment (Doc. 37), and, if the judgment is altered or amended, Dr. Jang moves for leave to amend her Complaint in order "to set forth all the...
DECISION ON MOTION FOR RECONSIDERATION FILED BY H. HIRSCHMANN, LTD. (Doc. 167) GEOFFREY W. CRAWFORD , Chief District Judge . Plaintiff H. Hirschmann, Ltd. ("Hirschmann") has filed a motion to reconsider (Doc. 167) this court's order (Doc. 165) denying Third-Party Plaintiff Green Mountain Glass, LLC's ("GMG") motion for leave to amend its counterclaim (Doc. 158). Hirschmann seeks an order granting GMG leave to add a claim under the New Hampshire Consumer Protection Act ("CPA"). (Doc. 167-1...
OPINION AND ORDER (Docs. 12, 13) JOHN M. CONROY , Magistrate Judge . Plaintiff Evaline M. 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 denying her application for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). Pending before the Court are Plaintiff's motion to reverse the Commissioner's decision (Doc. 12), and the Commissioner's motion to...
DECISION ON MOTION FOR ATTORNEYS FEES (Doc. 152) GEOFFREY W. CRAWFORD , Chief District Jugde . This case concerns two primary issues: (1) a claim originally filed in New York state court by Top Ridge Investments, LLC ("Top Ridge") against Defendants Anichini, Inc., Anichini Hospitality, Inc., Anichini Retail, Inc., and Susan Dollenrnaier to collect on a promissory note and personal guaranty; and (2) counterclaims by Defendants against Top Ridge, its principal Jeffrey Tauber and Royal...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . Plaintiff Matthew Rudavsky brings this action claiming that he was assaulted by a police officer while in the custody of the South Burlington Police Department (SBPD). Now pending before the Court are two motions to dismiss: the first filed by the City of South Burlington, SBPD Chief Trevor Whipple, SBPD Deputy Chief Paul Edwards, and Lieutenant Jeffrey Martel (the "Municipal Defendants") (ECF No. 4); and the second a partial...
REPORT AND RECOMMENDATION AND ORDER (Doc. 441) JOHN M. CONROY , Magistrate Judge . James Nastri, proceeding pro se, moves under 28 U.S.C. 2255 to vacate the judgment imposed on him in this district in 2015. (Doc. 441.) He also requests an evidentiary hearing and court-appointed counsel. ( Id. at 17.) Following a six-day trial where he was represented by counsel, Nastri was convicted of conspiring to distribute 100 grams or more of heroin, a violation of 21 U.S.C. 846 and 841(b)(1)...
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO COMPEL OVERDUE DISCOVERY RESPONSES AND FOR SANCTIONS (Doc. 45) CHRISTINA REISS , District Judge . This matter is before the court on a motion to compel overdue discovery responses and a motion for sanctions filed on July 6, 2018 by Defendants Alderman Motor Car, LLC, Alderman's Automobile Corporation, and Philip E. Alderman (collectively, "Defendants"). (Doc. 45.) Defendants ask the court to compel Plaintiff...
OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR A JUDGMENT OF ACQUITTAL OR IN THE ALTERNATIVE FOR A NEW TRIAL (Doc. 171) CHRISTINA REISS , District Judge . Pending before the court is Defendant Anthony Smith's motion for a judgment of acquittal or in the alternative for a new trial. (Doc. 171.) Defendant was charged in a two-count Superseding Indictment as a felon in unlawful possession of ammunition and a firearm, in violation of 18 U.S.C. 922(g) and 924(a)(2). On January 25, 2018, a...
