OPINION AND ORDER 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, violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO") under 18 U.S.C. 1962(c) and (d),...
Opinion and Order: Defendants' Motions to Dismiss the Amended Complaint WILLIAM K. SESSIONS, III, District Judge. Plaintiffs Kambiz Golesorkhi and William Dailey bring this putative class action suit on behalf of all those who purchased common stock of Green Mountain Coffee Roasters, Inc. ("GMCR" or the "Company") between February 2, 2012 and May 2, 2012 (the "Class Period"). The Plaintiffs claim that GMCR and three of its officers, Robert Stiller, Lawrence Blanford, and Frances Rathke 1 (...
Opinion and Order WILLIAM K. SESSIONS, III, District Judge. Michael Shovah alleges that Gary Mercure, a former priest from the Roman Catholic Diocese of Albany New York, Inc. (the "Diocese"), engaged in sexual exploitation and abuse of children in violation of 18 U.S.C. 2422 and 2423. Shovah claims that the Diocese breached its fiduciary duty to Shovah by permitting Mercure to hold himself out as a Roman Catholic Priest and negligently supervised Mercure, which facilitated Shovah's abuse....
OPINION AND ORDER (Docs. 9, 12) JOHN M. CONROY, Magistrate Judge. Plaintiff James Cousino brings this action pursuant to 42 U.S.C. 405(g) of the Social Security Act, requesting reversal of the decision of the Commissioner of Social Security ("Commissioner") denying his application for disability insurance benefits. Pending before the Court are Cousino's motion to reverse the Commissioner's decision (Doc. 9), and the Commissioner's motion to affirm the same (Doc. 12). For the reasons stated...
ENTRY ORDER DENYING DEFENDANT'S MOTION FOR NEW TRIAL (Doc. 58) CHRISTINA REISS, Chief District Judge. This case comes to the court on Defendant George Allen's motion for a new trial. (Doc. 58.) On July 24, 2013, a jury found Defendant guilty of one count of knowingly and willfully conspiring to set fire upon the public domain and upon lands under the jurisdiction of the United States in violation of 18 U.S.C. 371 and 1855. At the time of the arsons, Defendant was a captain of the...
OPINION AND ORDER DENYING DEFENDANT'S MOTION TO SEVER COUNT FOUR OF THE INDICTMENT AND ORDERING BIFURCATED TRIAL (Doc. 36) CHRISTINA REISS, Chief District Judge. This matter came before the court on Defendant Frank Caraballo's Motion to Sever Count Four of the Second Superseding Indictment. (Doc. 36.) The government opposes the motion. The court heard argument on Defendant's motion on August 20, 2013. The government is represented by Assistant United States Attorney Joseph R. Perella and...
RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT (Docs. 79, 81) J. GARVAN MURTHA, District Judge. I. Introduction In June 2011, Plaintiff Mount Snow Ltd. (Plaintiff or "Mount Snow") commenced this diversity breach of contract action in Vermont state court. In January 2012, the suit was removed to this Court. (Doc. 1.) Mount Snow currently alleges breach of contract, breach of the implied covenant of good faith and fair dealing, breach of contract implied in law or fact, and constructive fraud...
ORDER WILLIAM K. SESSIONS, III, District Judge. The Report and Recommendation of the United States Magistrate Judge was filed July 29, 2013. 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 defendants' motion to dismiss (Doc. 24) is GRANTED with respect to: (1) all claims against Defendant Maranville; (2)...
REPORT AND RECOMMENDATION (Doc. 24) JOHN M. CONROY, Magistrate Judge. Plaintiff Harley Breer, Jr., an inmate committed to the custody of the Vermont Department of Corrections ("DOC"), brings this action pro se under 42 U.S.C. 1983, alleging that he was sexually assaulted and harassed by a female corrections officer, and that other corrections officers, supervisors, and officials failed to prevent the alleged assault and harassment. Breer also claims that he was subjected to segregation and...
MEMORANDUM AND ORDER FINDING THE DEFENDANT NOT GUILTY (Doc. 43.) J. GARVAN MURTHA, District Judge. I. Introduction The Government has charged the Defendant, Richard Earl Piper, with violating the Sex Offender Registration and Notification Act. 18 U.S.C. 2250(a). (Doc. 3.) Following a bench trial on January 30, 2013, the Defendant submitted post-trial briefing and moved for a judgment of acquittal under Federal Rule of Criminal Procedure 29. (Doc. 43.) The Government responded by filing...
OPINION & ORDER WILLIAM K. SESSIONS, III, District Judge. This action stems from Cedric and Leslie Sanborn's arrests and citations for unlawful trespass for kayaking on Berlin Pond. The Sanborns brought claims pursuant to 42 U.S.C. 1983, 1988; the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution; Chapter 1, Articles 1, 10, and 11 of the Vermont Constitution; and the common law of Vermont, against Officer William Jennings ("Officer Jennings" or "Jennings"), in his...
OPINION AND ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE BASED ON THE GOVERNMENT'S WARRANTLESS USE OF REAL-TIME CELL PHONE LOCATION INFORMATION (Doc. 38) CHRISTINA REISS, Chief Judge. This matter came before the court on Defendant's Motion to Suppress Evidence Based on the Government's Warrantless Use of Real-Time Cell Phone Location Information. (Doc. 38). Defendant contends that the government's warrantless search of his cell phone violated his Fourth Amendment rights. The...
Opinion and Order WILLIAM K. SESSIONS, III, District Judge. Daniel DeGrace and Benjamin Mayberry are charged with knowingly possessing stolen firearms that were shipped and transported in interstate commerce in violation of 18 U.S.C. 922(j), 924(a)(2). Both DeGrace and Mayberry move to suppress physical evidence and statements they claim were obtained in violation of the Fourth Amendment. See ECF Nos. 23-24. BACKGROUND I. Investigation of the December 2, 2012 Shooting On December 2,...
OPINION and ORDER WILLIAM K. SESSIONS, III, District Judge. In this action arising from the dismissal of Plaintiff Dr. Jennifer Connors from the Dartmouth Hitchcock Medical Center's ("DHMC") graduate residency program in psychiatry, the Defendants have moved for summary judgment on her remaining claims of disability discrimination and illegal retaliation under the Vermont Fair Employment Practices Act ("VFEPA"), and her claims of breach of contract and breach of an implied covenant of good...
MEMORANDUM AND ORDER J. GARVAN MURTHA, District Judge. I. Introduction The defendant in this civil rights action, the Addison Rutland Supervisory Union ("ARSU"), has filed a partial motion to dismiss. (Doc. 25.) The ARSU seeks to dismiss the claims of the plaintiff, Marcel Cyr, on the grounds that: (1) he possesses no First Amendment rights with respect to school property; (2) he possesses no liberty or property interest in accessing school property under the Fourteenth Amendment; and (3)...
MEMORANDUM AND ORDER (Docs. 319, 320) J. GARVAN MURTHA, District Judge. I. Introduction Defendants Teachers Insurance and Annuity Association of America-College Retirement and Equities Fund, College Retirement and Equities Fund, TIAA-CREF Individual & Institutional Services, LLC, TIAA-CREF Investment Management, LLC, Teachers Advisors, Inc., and Teachers' Insurance and Annuity Association of America (collectively, "Defendants" or "TIAA-CREF") move for reconsideration of a class...
ORDER J. GARVAN MURTHA, District Judge. The Magistrate Judge's Report and Recommendation was filed May 22, 2013. (Doc. 57.) After de novo review and absent objection, the Report and Recommendation ("R&R") is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. 636(b)(1). Defendants' Motion to Dismiss for failure to allege physical injury (Doc. 54) is DENIED. In addition, Defendants' Motion to Dismiss on the basis of personal involvement (Doc. 54) is GRANTED with respect to Defendants Sorrell,...
REPORT AND RECOMMENDATION (Doc. 54) JOHN M. CONROY, Magistrate Judge. Plaintiff Finbar McGarry has filed this action, pursuant to 42 U.S.C. 1983, alleging that Defendant Vermont Commissioner of Corrections Andrew Pallito, various corrections officials, and others, violated his right as a pretrial detainee to be free from involuntary servitude as protected by the Thirteenth Amendment of the United States Constitution. Specifically, McGarry alleges that while he was detained at the...
RULING ON MEDTRONIC DEFENDANTS' MOTION TO DISMISS (Docs. 55, 58) J. GARVAN MURTHA, District Judge. I. Introduction In this diversity action commenced in March 2011, Plaintiff Koleen Otis-Wisher ("Otis-Wisher" or "Plaintiff") asserts a variety of common-law tort and consumer fraud claims against Defendants Fletcher Allen Health Care, Inc. ("Fletcher Allen"), Medtronic, Inc. and Medtronic Sofamar Danek USA, Inc. ("Medtronic"). (Doc. 35 ("Compl.").) The claims arise from Otis-Wisher's...
OPINION and ORDER Re: Defendant's Motion to Strike or Modify Notice of Intent to Seek the Death Penalty WILLIAM K. SESSIONS, III, District Judge. After obtaining an indictment against Defendant Michael Jacques for the 2008 kidnapping, rape, and murder of Brooke Bennett, the Government filed a Notice of Intent to Seek the Death Penalty ("Notice"). ECF No. 106. As required by the Federal Death Penalty Act of 1994 ("FDPA"), 18 U.S.C. 3591, et seq., the Notice included allegations of...
