OPINION AND ORDER (Docs. 7, 13, 17, 20) GEOFFREY W. CRAWFORD , Chief District Judge . Pro se Plaintiff Darren Couture, an inmate presently in the custody of the Vermont Department of Corrections (DOC), has filed an action under 42 U.S.C. 1983 against Defendants Sue Blair, Director of the Vermont Parole Board, and against the "Vermont Parole System." (Doc. 4 at 1.) His claims stem from an April 1, 2014 preliminary parole revocation hearing before the Vermont Parole Board (the "Board"),...
DECISION ON PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT & DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND MOTION FOR SUMMARY JUDGMENT (Docs. 10 & 15) GEOFFREY W. CRAWFORD , District Judge . This matter came before the court on December 15, 2017 for hearing on pending cross-motions for summary judgment and the Defendant's motion to dismiss. Attorney Kel McClanahan of National Security Counselors appeared for the Plaintiffs, and Attorney Marcia Sowles of the United...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . Plaintiff Earl Rosen claims that the defendants in this case failed to provide him with adequate mental health and medical care while he was incarcerated. Rosen also alleges that programming requirements prevented him from being granted parole, and that his placement in disciplinary segregation violated his rights. The Fourth Amended Complaint includes claims under the Americans with Disabilities Act ("ADA"), the Rehabilitation...
DECISION ON APPEAL GEOFFREY W. CRAWFORD , District Judge . In these bankruptcy appeals, Appellant PHH Mortgage Corporation ("PHH") challenges the imposition of $375,000 in sanctions against it in three Chapter 13 cases pending in the U.S. Bankruptcy Court for the District of Vermont. PHH was the mortgage servicer in each case. All three cases concerned debtors who remained in their homes after filing their bankruptcy petitions. All three made "conduit mortgage payments" through the office...
OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION (Doc. 2) CHRISTINA REISS , District Judge . Plaintiffs, Charles, Alicia, and Denielle Gordon (the "Gordons"), D J. Enterprises LLC, and A.C. Lawn Mowing, (collectively, "Plaintiffs") bring this action against Defendant New England Central Railroad, Inc. ("NECR"), alleging that NECR was negligent in its repair of a raised railroad right of way embankment (the "embankment") adjacent to the Gordons' land located at 68...
OPINION AND ORDER William K. Sessions III , District Judge . This case arises out of Plaintiff Vermont Railway's ("Railway") development of property located in Shelburne, Vermont for use as a salt transloading facility ("transloading facility" or "facility"). Currently before the Court is the Railway's Motion for Preliminary Injunction (ECF 209), which has been converted to a request for a permanent injunction. Among other things, the Railway now seeks an order permanently enjoining...
ENTRY ORDER GRANTING DEFENDANTS' MOTION TO SET ASIDE ENTRY OF DEFAULT AND DENYING AS MOOT PLAINTIFF'S CROSS-MOTION FOR DEFAULT JUDGMENT (Docs. 9 & 11) CHRISTINA REISS , Chief District Judge . Plaintiff Donald Connolly brings this action against Defendants Philip Alderman, Alderman Motor Car, LLC, and Alderman's Automobile Corporation (collectively, "Defendants"), alleging Defendants violated the Vermont Fair Employment Practices Act ("VFEPA") by allowing him to be subjected to sexual...
OPINION AND ORDER GRANTING IN PART PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE THE OPINIONS OFFERED BY TIMOTHY VOIGT AND JAMES HERLIHY AND CONDITIONALLY DENYING PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE TESTIMONY FROM ARTHUR WOLFE (Docs. 162 & 163) CHRISTINA REISS , Chief District Judge . Plaintiffs Donna Browe, Tyler Burgess, Bonnie Jamieson, Philip Jordan, Lucille Launderville, and the Estate of Beverly Burgess (collectively, "Plaintiffs") bring this action under the Employee Retirement Income...
DECISION ON MOTION IN LIMINE TO PRECLUDE TESTIMONY AND REPORT OF DEFENDANTS' PUTATIVE EXPERT TERRY DORMAN (Doc. 108) GEOFFREY W. CRAWFORD , District Judge . On October 23, 2017, defendants Anichini, Inc., et al. (collectively "Anichini") disclosed Terry Dorman as an expert witness on the issue of economic damages sustained by defendants as a result of claimed misconduct by plaintiff Top Ridge, Inc. and counterclaim-defendants Jeffrey Tauber and Royal Heritage House, LLC (collectively "Top...
ORDER WILLIAM K. SESSIONS, III , Magistrate Judge . The Report and Recommendation of the United States Magistrate Judge was filed October 31, 2017. 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. Plaintiff's motion for default judgment is GRANTED. Defendant is liable to Plaintiff in the amount of $194,...
REPORT AND RECOMMENDATION (Doc. 11) JOHN M. CONROY , Magistrate Judge . This is a breach of contract action brought by Plaintiff Revision Military Ltd. (Revision) against Gideon Services, Inc., (Gideon) for failure to pay $194,512.60 for military batteries and battery chargers supplied by Revision to Gideon. (Doc. 1.) Despite proper service, Gideon failed to plead or otherwise answer the allegations of the Complaint and the Clerk entered a default under Fed. R. Civ. P. 55(a). (Doc. 10.)...
OPINION AND ORDER REVERSING AND VACATING THE BANKRUPTCY COURT'S JANUARY 6, 2017 ORDER EXTENDING THE AUTOMATIC STAY TO CERTAIN NON-DEBTOR ENTITIES AND REMANDING FOR FURTHER PROCEEDINGS (Doc. 2-17) CHRISTINA REISS , Chief District Judge . Manchester CP ("Appellant"), a creditor in Argirios Konstantinou's ("Debtor") chapter 13 bankruptcy proceeding, appeals a January 6, 2017 order of the United States Bankruptcy Court for the District of Vermont extending the automatic stay under 13 U.S.C....
OPINION AND ORDER REVERSING AND VACATING THE BANKRUPTCY COURT'S JANUARY 6, 2017 ORDER EXTENDING THE AUTOMATIC STAY TO CERTAIN NON-DEBTOR ENTITIES AND REMANDING FOR FURTHER PROCEEDINGS (Doc. 2-17) CHRISTINA REISS , Chief District Judge . Manchester CP ("Appellant"), a creditor in Argirios Konstantinou's ("Debtor") chapter 13 bankruptcy proceeding, appeals a January 6, 2017 order of the United States Bankruptcy Court for the District of Vermont extending the automatic stay under 13 U.S.C....
OPINION AND ORDER (Docs. 7, 9) JOHN M. CONROY , Magistrate Judge . Plaintiff George Johnson has filed a Complaint against the Commissioner of Social Security pursuant to 42 U.S.C. 405(g), seeking reversal of the Commissioner's December 2016 decision regarding Johnson's application for disability insurance benefits (DIB) and either an award of benefits or remand to the Commissioner for further proceedings. (Doc. 1.) Pending before the Court is the Commissioner's Motion to Dismiss...
DECISION ON PENDING MOTIONS AND SCHEDULING ORDER GEOFFREY W. CRAWFORD , District Judge . Following a hearing on pending motions on October 5, 2017, the court orders as follows: 1. Plaintiff's Motion for an Order to Compel Disclosure of Defendant ADCO's Expert Witness Report (Doc. 119) is GRANTED. ADCO's expert witness reports shall be provided to opposing counsel not later than January 1, 2018. The Motion for Payment of Reasonable Expenses in Making the Motion is DENIED. 2. The court...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . I. Background Plaintiff Janet Jenkins ("Jenkins"), for herself and as next friend of her daughter Isabella Miller-Jenkins ("Isabella"), brings this action against individuals and organizations that she alleges conspired with her former same-sex partner, Lisa Miller ("Miller") to kidnap and transport her daughter outside of the United States. After Philip Zodhiates, a Defendant in this civil case, was indicted in the Western...
OPINION AND ORDER (Docs. 8, 11) JOHN M. CONROY , Magistrate Judge . Plaintiff Thomas Laviolette 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 application for Disability Insurance Benefits (DIB). Pending before the Court are Laviolette's motion to reverse the Commissioner's decision (Doc. 8), and the Commissioner's motion to affirm the same (Doc. 11). For the...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . Plaintiff MadGrip Holdings, LLC ("MadGrip") brings this action claiming that Defendant West Chester Holdings, Inc. ("West Chester") has infringed its patent relating to the manufacture of utility gloves. West Chester counters that the patent is invalid because the technology in the patent is not new, and that MadGrip's inequitable conduct in proceedings before the United States Patent and Trademark Office ("USPTO") renders the...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . Plaintiff MadGrip Holdings, LLC ("MadGrip") brings this action claiming that Defendant West Chester Holdings, Inc. ("West Chester") has infringed its patent relating to the manufacture of utility gloves. MadGrip's patent describes the use of injection molding technology to provide cushioning on the palm and other portions of a utility glove. West Chester denies that its rival product infringes the MadGrip patent, and has filed...
OPINION AND ORDER (Doc. 110) GEOFFREY W. CRAWFORD , District Judge . This case concerns claims by the estate of Barbara Nyce that her sons drained her bank accounts and persuaded her to transfer her home to them during her lifetime in order to avoid any obligation to pay for the cost of her nursing home care. The lawsuit is filed in federal court on diversity grounds. Plaintiff Kindred Nursing Centers East is a Kentucky corporation. (Doc. 91 at 1.) Defendant Estate of Barbara Nyce is a...
