DECISION ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT REGARDING THE REMEDY OF MEDICAL MONITORING AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Geoffrey W. Crawford , Chief Judge . In this groundwater contamination class action, Plaintiffs seek to recover the expense of medical monitoring in future years to determine whether class members who currently test positive for exposure to PFOA have contracted an illness or medical condition associated with exposure to the substance. Defendant opposes...
OPINION AND ORDER GRANTING PLAINTIFFS' MOTION TO AMEND THE COMPLAINT AND GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS Christina Reiss , District Judge . Minor plaintiffs A.M. and E.M., their parents Christopher Messineo and Jill Messineo, minor plaintiff A.S., her parents Russell Senesac and Selena Senesac, and the Roman Catholic Diocese of Burlington, Vermont (collectively, "Plaintiffs") bring this action against Defendant Daniel M. French ("Defendant") in his...
OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS (Doc. 5) CHRISTINA REISS , District Judge . Plaintiff Ara Lefrancois ("Plaintiff") brings this action against Defendant Killington/Pico Ski Resort Partners, LLC ("Defendant") alleging three claims arising out of a pending state court lawsuit related to injuries she sustained in a skiing accident at Defendant's resort: (1) abuse of process; (2) breach of the implied covenant of good faith and fair dealing; and (3) tortious infliction...
OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR A NEW TRIAL Christina Reiss , District Judge . On July 27, 2018, a jury found Defendant John Chinnici guilty of obstructing commerce by robbery in violation of 18 U.S.C. 1951. Pending before the court is Defendant's December 21, 2018 motion for a new trial pursuant to Federal Rule of Criminal Procedure 33. (Doc. 96.) Defendant filed a supplemental memorandum on June 19, 2019, and the government opposed Defendant's motion on September 6,...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . Defendant Everett A. Simpson is charged with two counts of kidnapping, one of which involved a minor, and two counts of interstate transportation of a stolen motor vehicle. Simpson filed a motion to suppress the evidence obtained as the result of a March 21, 2019 search warrant authorizing the collection of buccal DNA samples. He also moved to compel discovery of the contents of the alleged victim's cellphone. For the reasons...
REPORT AND RECOMMENDATION AND ORDER (Docs. 6, 10) JOHN M. CONROY , Magistrate Judge . Plaintiff Joshua Many, proceeding pro se, brings this action under 42 U.S.C. 1983 against Defendants, the Vermont Department of Corrections (DOC) and Centurion Healthcare (Centurion) (collectively, "Defendants"). Many alleges that when he entered DOC custody in May 2017, he had an existing health condition consisting of shotgun pellets lodged in his leg and claims that—although he has requested care...
DECISION ON MOTION FOR PROTECTIVE ORDER (Doc. 96) GEOFFREY W. CRAWFORD , Chief District Judge . In this diversity action, Plaintiffs Kim Bertolini-Mier and her husband Roger Mier have sued Upper Valley Neurology Neurosurgery, P.C. ("UVNN"), UVNN physician Dr. Donald W. Ayres, and Alice Peck Day Memorial Hospital ("APD") for medical malpractice and loss of consortium. They allege that, between 2007 and 2011, APD improperly administered and interpreted radiologic studies as indicating that...
OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS Christina Reiss , District Judge . Plaintiff HARR, LLC, owner of the Northfield Falls Mobile Home Park ("the Park"), brings this action against Defendant Town of Northfield alleging that the placement of liens upon Plaintiff's property for unpaid electrical bills accrued by Plaintiff's mobile home tenants violates the Equal Protection Clause of the Fourteenth Amendment, the Due Process Clause of the Fourteenth...
OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO AMEND (Doc. 33) CHRISTINA REISS , District Judge . Plaintiff Michael Bandler brings this action on behalf of himself and all other similarly situated persons against the Town of Woodstock (the "Town"), the Village of Woodstock (the "Village"), 1 the State of Vermont (the "State"), and John Doe Defendants who are "in privy with the named Defendants" (collectively, "Defendants"). (Doc. 9 at 2, 6.) Plaintiff seeks to assert four...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . Defendant Shawn Simard, through counsel, has moved pursuant to 28 U.S.C. 2255 to set aside the judgment in this case and correct his sentence. Simard requests re-sentencing because the prior state court conviction used to enhance his federal sentence has since been vacated. The government does not contest the substance of Simard's request, but opposes the motion as untimely and for lack of due diligence in pursuing post-...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . Plaintiff Donna L. brings this action pursuant to 42 U.S.C. 405(g) of the Social Security Act requesting review of the Commissioner's decision to deny her application for disability insurance benefits. Now before the Court are Plaintiff's motion for judgment reversing the decision of the Commissioner, and the Commissioner's motion for judgment affirming the same. For the reasons set forth below, Plaintiff's motion is granted...
OPINION AND ORDER: DEFENDANT'S MOTION TO DISMISS (Doc. 337) WILLIAM K. SESSIONS, III , District Judge . Plaintiff Janet Jenkins, for herself and as next friend of her daughter Isabella Miller-Jenkins, has brought suit against several individuals and organizations, alleging that they kidnapped and conspired to kidnap Isabella. Plaintiffs assert claims of commission of, and conspiracy to, commit an intentional tort of kidnapping and conspiracy to violate civil rights under 42 U.S.C. 1985(...
OPINION AND ORDER: PLAINTIFFS' MOTION TO COMPEL DISCOVERY (Doc. 361) WILLIAM K. SESSIONS, III , District Judge . Plaintiff Janet Jenkins, for herself and as next friend of her daughter Isabella Miller-Jenkins, has brought suit against several individuals and organizations, alleging that they kidnapped and conspired to kidnap Isabella. Plaintiffs assert claims of commission of, and conspiracy to, commit an intentional tort of kidnapping and conspiracy to violate civil rights under 42 U.S....
OPINION AND ORDER: DEFENDANT'S MOTION TO COMPEL DISCOVERY (Doc. 352) WILLIAM K. SESSIONS, III , District Judge . Plaintiff Janet Jenkins, for herself and as next friend of her daughter Isabella Miller-Jenkins, has brought suit against several individuals and organizations, alleging that they kidnapped and conspired to kidnap Isabella. Plaintiffs assert claims of commission of, and conspiracy to, commit an intentional tort of kidnapping and conspiracy to violate civil rights under 42 U.S....
ORDER WILLIAM K. SESSIONS, III , District Judge . The Report and Recommendation of the United States Magistrate Judge was filed October 1, 2019. 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...
REPORT AND RECOMMENDATION (Docs. 49, 53) JOHN M. CONROY , Magistrate Judge . Tonyel Colby, proceeding pro se, has moved under 28 U.S.C. 2255 to vacate, set aside, or correct a sentence imposed on her in this district following her plea of guilty to one count of possession with intent to distribute cocaine base, and one count of knowingly and intentionally distributing fentanyl, each in violation of 21 U.S.C. 841(a). (Doc. 46.) On December 19, 2018, United States District Judge...
ORDER ON REPORT AND RECOMMENDATION (Doc. 36) GEOFFREY W. CRAWFORD , Chief District Judge . On April 15, 2019, plaintiff's counsel, Siobhan M. McCloskey ("McCloskey"), filed a motion for attorney's fees pursuant to 42 U.S.C. 406(b). (Doc. 26.) In his Report and Recommendation ("R&R") dated July 23, 2019, United States Magistrate Judge John M. Conroy recommended denial of the motion as untimely. (Doc. 36.) McCloskey filed a timely objection to the R&R. (Doc. 39.) For the reasons that...
OPINION AND ORDER DENYING PLAINTIFF'S MOTION TO DISMISS OR STRIKE DEFENDANT'S COUNTERCLAIM AND IN THE ALTERNATIVE MOTION TO TRANSFER AND GRANTING PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL (Docs. 31 & 32) CHRISTINA REISS , District Judge . Plaintiff Exist, Inc. ("Plaintiff") is a Florida-based resort apparel company which filed suit in the United States District Court for the Southern District of Florida against Defendant The Vermont Country Store, Inc. ("Defendant") seeking a declaration...
ORDER WILLIAM K. SESSIONS, III , District Judge . The Report and Recommendation of the United States Magistrate Judge was filed September 25, 2019. 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...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . Frank Annette was convicted in 2012 of conspiracy to distribute heroin and cocaine base (Count 1), possessing a firearm in furtherance of drug trafficking (Count 2), and aiding and abetting possession of a firearm in furtherance of a conspiracy (Count 3). He has since filed a series of pro se motions, two of which seek relief under Federal Rule of Civil Procedure 60(b) and one requesting a sentence reduction under 18 U.S.C....
