OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR AN ORDER REVERSING THE COMMISSIONER'S DECISION AND DENYING THE COMMISSIONER'S MOTION TO AFFIRM (Docs. 9 & 10) CHRISTINA REISS , District Judge . Plaintiff Lorri Portland Page is a claimant for Social Security Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI") under the Social Security Act ("SSA"). She brings this action pursuant to 42 U.S.C. 405(g) to reverse the decision of the Social Security Commissioner (...
OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR JUDGMENT REVERSING THE COMMISSIONER'S DECISION AND GRANTING THE COMMISSIONER'S MOTION TO AFFIRM (Docs. 9 & 15) CHRISTINA REISS , District Judge . Plaintiff Stuart Jay Robinson is a claimant for Social Security Disability Insurance Benefits ("DIB") under the Social Security Act ("SSA"). He brings this action pursuant to 42 U.S.C. 405(g) to reverse the decision of the Social Security Commissioner (the "Commissioner") that he is not disabled....
RULING GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS AND DENYING JUDGMENT ON THE PLEADINGS (Docs. 5, 6, 35) WILLIAM K. SESSIONS, III , District Judge . In September 2018, Defendants South Burlington Police Department ("SBPD") and Officers Sean Pope and Michael DeFiore removed Plaintiff Andrew Hollins's 42 U.S.C. 1983 suit to this court and filed motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). (Docs. 5, 6.) Hollins, representing himself, claims...
OPINION AND ORDER (Doc. 18) John M. Conroy , United States Magistrate Judge . Plaintiffs Dwight Martell and Lynn Cook bring this action under 42 U.S.C. 1983, alleging that Defendant the City of St. Albans (City) 1 unlawfully evicted them without due process or just compensation in violation of the Fourteenth Amendment Due Process Clause, the Fourth Amendment proscription against unreasonable seizures, and the Fifth Amendment Takings Clause. 2 (Doc. 4.) Presently before the Court is...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . Plaintiff Stephen Aguiar, proceeding pro se, is currently serving a 30-year prison term as a result of his 2011 conviction for drug distribution and conspiracy. In this civil action, Aguiar claims that various parties involved in the investigation and prosecution of his criminal case violated his rights. Aguiar previously contested the validity of his criminal conviction on direct appeal and in a petition for writ of habeas...
AMENDED OPINION AND ORDER DENYING DEFENDANT SAINT-SAUVEUR VALLEY RESORTS, INC.'S MOTION TO STRIKE AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS THE THIRD AMENDED COMPLAINT (Docs. 105, 106, 120) CHRISTINA REISS , District Judge . Plaintiff Michael I. Goldberg, Esq. brings this action as a court-appointed receiver on behalf of Jay Peak Hotel Suites LP ("Phase I") and Jay Peak Hotel Suites Phase II LP ("Phase II"), which were formed pursuant to the federal EB-5...
OPINION AND ORDER William K. Sessions, III , District Court Judge . Plaintiff Chooseco, a Vermont-based publishing company, has brought multiple claims against Defendant Netflix for its alleged use of Chooseco's word mark CHOOSE YOUR OWN ADVENTURE in the dialogue of its film Black Mirror: Bandersnatch. Chooseco's Amended Complaint includes actions for trademark infringement, unfair competition, false designation of origin, dilution under the Lanham Act and unfair competition under...
OPINION AND ORDER (Docs. 10, 14) GEOFFREY W. CRAWFORD , Chief District Judge . Plaintiff Jennifer W. brings this action under 42 U.S.C. 405(g), requesting reversal of the decision of the Commissioner of Social Security denying her applications for supplemental security income (SSI). (Doc. 3.) Pending before the court is Plaintiff's motion to reverse the decision of the Commissioner (Doc. 10) and the Commissioner's motion to affirm (Doc. 14). For the reasons stated below, Plaintiff's...
ORDER ON MOTION TO TRANSFER VENUE AND TO ADDRESS CONFLICT ISSUES (Doc. 71) GEOFFREY W. CRAWFORD , Chief District Judge . The Grand Jury's May 2019 Indictment charges defendants Ariel Quiros, William Kelly, Jong Weon Choi, and William Stenger with fourteen counts arising from an alleged scheme between fall 2011 and April 2016 "to defraud investors in the AnC Vermont EB-5 project and to obtain money from these investors by materially false and fraudulent pretenses, representations, and...
OPINION AND ORDER (Doc. 678) JOHN M. CONROY , Magistrate Judge . Petitioner David Baez-Garcia, proceeding pro se, has moved under 28 U.S.C. 2255 to vacate, set aside, or correct his sentence. (Docs. 648, 668.) After five days of a jury trial, Baez-Garcia pleaded guilty pursuant to a written plea agreement to engaging in a conspiracy to distribute five kilograms or more of cocaine, 100 grams or more of heroin, and oxycodone, in violation of 21 U.S.C. 846 and 841. (Doc. 580 at 1,...
ORDER ON REPORT AND RECOMMENDATION (Doc. 69) (Doc. 20) GEOFFREY W. CRAWFORD , Chief District Judge . The Report and Recommendation of the United States Magistrate Judge was filed January 3, 2020. 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 recommendations in full for the reasons stated in the Report. BACKGROUND Petitioner was originally charged and convicted in this court in...
OPINION AND ORDER WILLIAM K. SESSIONS, III , District Judge . This is an action for injunctive and declaratory relief. Plaintiffs Vermont Coalition for Community Schools, Inc. ("VTCCS"), Laura Schaller and the Town of Moretown seek an order compelling the Board of the Harwood Unified Union School District ("HUUSD") to add two items to the warning and ballot for HUUSD's annual meeting. The proposed items, if approved at the annual meeting, would transfer final authority for school closures...
REPORT AND RECOMMENDATION (Docs. 63, 65) JOHN M. CONROY , Magistrate Judge . Frankie Hoover, proceeding pro se, has filed a Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody. United States v. Hoover, No. 5:16-cr-00058-gwc, Doc. 63 (D. Vt. Apr. 21, 2016) ( Hoover I ). Presently before the Court is the government's Motion to Dismiss the 2255 Motion. (Doc. 65). 1 The government contends that Hoover's Motion is barred by the one-...
OPINION AND ORDER DENYING DEFENDANT SAINT-SAUVEUR VALLEY RESORTS, INC.'S MOTION TO STRIKE AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS THE THIRD AMENDED COMPLAINT (Docs. 105, 106, 120) CHRISTINA REISS , District Judge . Plaintiff Michael I. Goldberg, Esq. brings this action as a court-appointed receiver on behalf of Jay Peak Hotel Suites LP ("Phase I") and Jay Peak Hotel Suites Phase II LP ("Phase II"), which were formed pursuant to the federal EB-5 Immigrant...
ENTRY ORDER GRANTING PLAINTIFF'S MOTION TO REMAND TO STATE COURT AND DENYING REQUEST FOR JUST COSTS AND FEES (Doc. 5) CHRISTINA REISS , District Judge . Plaintiff Marisol Rivera brought this action in state court against Defendants Berlin City's Vermont Remarketed Autos, Inc. ("Berlin City"), Nicholas Cabrera, Dedrick Casab, and Wells Fargo Bank, N.A. ("Wells Fargo") (collectively, "Defendants"), alleging violations of Vermont state law, the federal Credit Repair Organizations Act ("CROA")...
ENTRY ORDER GRANTING DEFENDANT'S MOTION TO COMPEL ARBITRATION AND TO STAY THE PROCEEDINGS (Doc. 17) CHRISTINA REISS , District Judge . Plaintiff Ashley Fontaine brings this action against Defendant Interstate Management Company, d/b/a Trader Duke's Restaurant & Lounge, alleging three state law claims arising from her employment with Defendant: (1) sexual harassment in violation of 21 V.S.A. 495h, (2) discrimination based on sex in violation of 21 V.S.A. 495, and (3) retaliation for...
OPINION AND ORDER (Docs. 11, 12) JOHN M. CONROY , Magistrate Judge . Plaintiff James C. 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. 11), and the Commissioner's motion to affirm...
ORDER WILLIAM K. SESSIONS, III , District Judge . The Report and Recommendation of the United States Magistrate Judge was filed November 13, 2019 (Doc. 14). 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. 10), is GRANTED, and that all claims alleged in Many's...
OPINION AND ORDER (Docs. 14, 15) JOHN M. CONROY , Magistrate Judge . Plaintiff Nicholas L. 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. 14), and the Commissioner's motion to...
OPINION AND ORDER: PLAINTIFFS' MOTIONS TO AMEND THE DISCOVERY SCHEDULE AS TO DEADLINES FOR INTERROGATORIES / REQUESTS TO PRODUCE (ECF 431), PLAINTIFFS' MOTION TO AMEND THE DISCOVERY SCHEDULE AS TO THE NUMBER OF DEPOSITIONS PLAINTIFFS ARE PERMITTED (ECF 432), AND DEFENDANTS' MOTION TO STAY DISCOVERY DEADLINES (ECF 440) 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...
