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324 |
Filed: 1/16/2007, Entered: 1/16/2007 |
USCA Mandate |
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MANDATE of USCA issued 01/05/2007 as to [318] Notice of Appeal filed by Rutland County Sheriff's Department, R. J. Elrick, [322] Notice of Cross Appeal filed by Scott Huminski. Stipulation withdrawing Appeal - Appeals hereby withdrawn with prejudice, without costs, and without attorney's fees pursuant to Rule 42(b). (gmg) Modified on 1/24/2007 (jse).
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Request |
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323 |
Filed: 12/28/2006, Entered: 12/28/2006, Terminated: 1/16/2007 |
Appeal Remark |
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STIPULATION regarding parties to appeal re [322] Notice of Cross Appeal: Accordingly the only parties remaining in the case that may be parties to this appeal are Plaintiff-Appellee Scott Huminski, Defendant-Appellant Deputy Sheriff R.J. Elrick, and Defendant Rutland County Sheriff's Department. (gmg)
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Request |
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322 |
Filed: 12/6/2006, Entered: 12/7/2006 |
Notice of cross-appeal |
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NOTICE OF CROSS APPEAL as to [321] Judgment by Scott Huminski. Filing fee $ 455.00, receipt number B0656. (Prior appeal Circuit No. 06-4410-cv). Court Reporter: Coughlin. (gmg)
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Request |
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321 |
Filed: 11/6/2006, Entered: 11/6/2006 |
Judgment* |
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AMENDED FINAL JUDGMENT in favor of Plaintiff against Defendant for the sum of $50,000.00 in compensatory damages and $1.00 in punitive damages. The Court also awards plaintiff $378,211.55 in attorney's fees, and $80,215.50 in costs. Signed by Judge J. Garvan Murtha on 11/6/2006. (Attachments: # (1) Notice to Litigants - Appeal to be filed by 12/6/2006)(wjf)
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Request |
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320 |
Filed: 11/3/2006, Entered: 11/3/2006 |
Order on Motion for Reconsideration |
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RULING granting [315] Motion for Reconsideration and upon reconsideration, the Court's [314] Order on [288] Motion for Attorney Fees is AFFIRMED. Plaintiff's request for a supplemental attorney's fee award of $27,863.65 is GRANTED. Also, the Court awards $4,450.75 in supplemental costs. The Clerk is instructed to enter an Amended Judgment which provides for an award of $378,211.55 ($350,347.90 plus $27,863.65) in attorney's fees and $80,215.50 ($75,764.75 plus $4,450.75) in costs. Signed by Judge J. Garvan Murtha on 11/3/2006. (wjf)
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Request |
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319 |
Filed: 10/2/2006, Entered: 10/2/2006 |
Reply to Response to Motion |
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REPLY to [317] Opposition to [315] MOTION for Reconsideration and First Supplement re [314] Order on Motion for Attorney Fees filed by Scott Huminski. (Attachments: # (1) Exhibit A)(kak)
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318 |
Filed: 9/21/2006, Entered: 9/21/2006, Terminated: 1/16/2007 |
Notice of Appeal |
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NOTICE OF APPEAL as to [307] Judgment by R. J. Elrick. Filing fee $455, receipt #24172. (Court Reporter: Coughlin) (gmg) Modified on 9/22/2006 (jmm). Modified on 9/25/2006 (jmm).
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Request |
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317 |
Filed: 9/18/2006, Entered: 9/18/2006 |
Response in Opposition to Motion |
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OPPOSITION to [315] MOTION for Reconsideration re [314] Order on Motion for Attorney Fees and Costs filed by Robert Emerick, Rutland County Sheriff's Department. (wjf)
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Request |
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316 |
Filed: 9/6/2006, Entered: 9/6/2006 |
Withdrawal of Document |
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VOLUNTARY WITHDRAWAL of [313] MOTION for New Trial by Scott Huminski. (kak)
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Request |
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315 |
Filed: 8/30/2006, Entered: 8/31/2006, Terminated: 11/3/2006 |
Motion for Reconsideration |
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MOTION for Reconsideration re [314] Order on Motion for Attorney Fees and First Supplement re: [288] Motion for Attorney's Fees by Scott Huminski. Responses due by 9/14/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (Attachments: # (1) Exhibit 1# (2) Exhibit 1 (Attachment 18)# (3) Exhibit 1 (Attachment 19)# (4) Exhibit 2# (5) Exhibit 3# (6) Exhibit 4)(wjf)
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314 |
Filed: 8/21/2006, Entered: 8/21/2006 |
Order on Motion for Attorney Fees |
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RULING on Plaintiff's [288] Motion for Attorney Fees . The Court awards the plaintiff $350,347.90 in attorney's fees and $75,764.75 in costs and expenses. Signed by Judge J. Garvan Murtha on 8/21/2006. Cys to counsel. (kak)
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Request |
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313 |
Filed: 8/21/2006, Entered: 8/21/2006, Terminated: 9/6/2006 |
Motion for New Trial |
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MOTION for New Trial and Memorandum in Support Thereof by Scott Huminski. Responses due by 9/5/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (kak) MOTION WITHDRAWN 9/6/2006. Modified on 9/7/2006 (jmm).
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Request |
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312 |
Filed: 8/15/2006, Entered: 8/15/2006 |
Order |
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ORDER denying without prejudice to refile [311] Notice of Pro Se Appearance Re: Appeals by Scott Huminski upon the filing of a notice of appeal at the conclusion of the case. Signed by Judge J. Garvan Murtha on 8/15/2006. (kbl, )
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311 |
Filed: 8/14/2006, Entered: 8/15/2006, Terminated: 8/15/2006 |
~Notice (other) |
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NOTICE of Pro Se Appearance re: Appeals by Scott Huminski. (kak)
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Request |
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310 |
Filed: 8/10/2006, Entered: 8/10/2006 |
Reply to Response to Motion |
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REPLY to [305] Opposition to Plaintiff's [288] MOTION for Attorney Fees filed by Scott Huminski. (Attachments: # (1) Appendix A (part 1 of 5)# (2) Appendix A (part 2 of 5)# (3) Appendix A (part 3 of 5)# (4) Appendix A (part 4 of 5)# (5) Appendix A (part 5 of 5)# (6) Appendix B (part 1 of 4)# (7) Appendix B (part 2 of 4)# (8) Appendix B (part 3 of 4)# (9) Appendix B (part 4 of 4)# (10) Appendix C# (11) Appendix D# (12) Appendix E)(wjf, )
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309 |
Filed: 8/10/2006, Entered: 8/10/2006 |
Order on Motion to Exceed Page Limit |
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ORDER granting [308] Stipulated Motion to Exceed Page Limit. Signed by Judge J. Garvan Murtha on 8/10/2006. (This is a text only Order.) (kbl, )
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308 |
Filed: 8/9/2006, Entered: 8/9/2006, Terminated: 8/10/2006 |
Motion for Leave to Exceed Page Limit |
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STIPULATED MOTION for Leave to Exceed Page Limit with respect to Reply to Opposition to Request for Attorney's Fees and Costs by Scott Huminski. (Attachments: # (1) Text of Proposed Order # (2) Proposed Reply)(wjf, )
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307 |
Filed: 8/3/2006, Entered: 8/8/2006 |
Judgment* |
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JUDGMENT in favor of Plaintiff against Defendant for the sum of $50,000.00 in compensatory damages and $1.00 in punitive damages. Plaintiff shall receive post-judgment interest on the monetary award at the rate of 5.17%. Dft R.J. Elrick, the Sheriff of Rutland County and the Rutland County Sheriff's Department are hereby enjoined from enforcing against Scott Huminski the notices of trespass dated 5/24/1999 and 5/27/1999, and from issuing and enforcing any notices of trespass against Huminski that prevent him from accessing court property where such notices are based upon Huminski's public expression and where the expression does not disrupt or threaten the orderly performance of court business. Signed by Judge J. Garvan Murtha on 8/3/2006. Cys to counsel.(kak, )
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Request |
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306 |
Filed: 8/3/2006, Entered: 8/3/2006 |
Notice of Docket Entry Correction |
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NOTICE of Docket Entry Correction: [306] removed as it was a duplicate of [305] Response in Opposition to Motion, filed by Rutland County Sheriff's Department, R.J. Elrick. (jmm)
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305 |
Filed: 8/1/2006, Entered: 8/1/2006 |
Response in Opposition to Motion |
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RESPONSE in Opposition to [288] MOTION for Attorney Fees and Costs filed by R.J. Elrick and Rutland County Sheriff's Department. (Attachments: # (1) Exhibit 1# (2) Exhibit 2 part 1 of 6# (3) Exhibit 2 part 2 of 6# (4) Exhibit 2 part 3 of 6# (5) Exhibit 2 part 4 of 6# (6) Exhibit 2 part 5 of 6# (7) Exhibit 2 part 6 of 6)(kak) Modified on 8/3/2006 (jmm).
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304 |
Filed: 8/1/2006, Entered: 8/1/2006 |
Order on Motion to Exceed Page Limit |
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ORDER granting [303] Stipulated Motion to Exceed Page Limit. Signed by Judge J. Garvan Murtha on 8/1/2006. (This is a text only Order.) (kbl, )
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303 |
Filed: 7/31/2006, Entered: 7/31/2006, Terminated: 8/1/2006 |
Motion for Leave to Exceed Page Limit |
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STIPULATED MOTION to Exceed Page Limit by R. J. Elrick and Rutland County Sheriff's Department. (Attachments: # (1) Text of Proposed Order # (2) Proposed Opposition# (3) Proposed Opposition Exhibit 1# (4) Proposed Opposition Exhibit 2 part 1 of 6# (5) Proposed Opposition Exhibit 2 part 2 of 6# (6) Proposed Opposition Exhibit 2 part 3 of 6# (7) Proposed Opposition Exhibit 2 part 4 of 6# (8) Proposed Opposition Exhibit 2 part 5 of 6# (9) Proposed Opposition Exhibit 2 part 6 of 6)(kak, )
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302 |
Filed: 7/27/2006, Entered: 7/27/2006 |
Order |
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ORDER denying [300] Notice of Limited Appearance by Scott Huminski, pro se. Plaintiff is represented by counsel. Signed by Judge J. Garvan Murtha on 7/27/2006. (kbl, )
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301 |
Filed: 7/21/2006, Entered: 7/26/2006 |
Affidavit |
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AFFIDAVIT of Scott Huminski of July 18, 2006 by Scott Huminski. (kak, )
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Request |
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300 |
Filed: 7/21/2006, Entered: 7/26/2006, Terminated: 7/27/2006 |
Notice of Appearance |
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LIMITED NOTICE of Appearance for sole purpose of filing affidavit by Scott Huminski. (kak, )
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Request |
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299 |
Filed: 7/10/2006, Entered: 7/10/2006 |
Order on Motion for Judgment |
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ORDER granting [293] Motion for Entry of Judgment; however, prior to entering judgment on a separate document as requested by plaintiff, the parties shall confer and file with the Court a proposed Judgment Order that complies with Fed. R. Civ. P. 58(c)(2) and Fed. R. App. P. 4(a)(4). It is the intention of the Court that the time for an appeal in all matters in this case shall commence from the entry of an order or decision on [288] Plaintiff's Motion for Attorney's Fees and Costs. SO ORDERED. Signed by Judge J. Garvan Murtha on 7/10/2006. (This is a text only Order.) (kbl, )
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298 |
Filed: 7/6/2006, Entered: 7/6/2006 |
Order |
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ORDER granting in part [296] Notice of Objection filed by R. J. Elrick. Dft's expert shall produce at the deposition random samples of his billing records in a reasonable number of requested cases with appropriate redactions to protect the attorney-client privilege. Signed by Judge J. Garvan Murtha on 7/6/2006. Cys to counsel.(kak, )
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Request |
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297 |
Filed: 7/5/2006, Entered: 7/5/2006 |
Response |
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RESPONSE to [296] Notice of Objection by Scott Huminski. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3)(kak, )
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296 |
Filed: 6/30/2006, Entered: 6/30/2006, Terminated: 7/6/2006 |
~Notice (other) |
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NOTICE OF OBJECTION to Plaintiff's Notice of Deposition of Robert B. Hemley by R. J. Elrick, Rutland County Sheriff's Department. (wjf, )
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Request |
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295 |
Filed: 6/15/2006, Entered: 6/15/2006 |
Response to Motion |
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RESPONSE to [293] MOTION for Entry of Judgment filed by R. J. Elrick, Rutland County Sheriff's Department. (wjf, ) Modified on 6/16/2006 (jse, ).
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Request |
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294 |
Filed: 6/12/2006, Entered: 6/12/2006 |
Notice of Hearing on Motion |
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NOTICE of Hearing on Motion [288] MOTION for Attorney Fees: Motion Hearing, if necessary, set for 8/21/2006 10:30 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Cy to counsel.(wjf, )
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Request |
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293 |
Filed: 5/26/2006, Entered: 5/26/2006, Terminated: 7/10/2006 |
Motion for Judgment |
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MOTION for Entry of Judgment as to plaintiff by Scott Huminski. Responses due by 6/26/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (Attachments: # (1) Text of Proposed Order)(kak, )
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292 |
Filed: 5/24/2006, Entered: 5/24/2006 |
Order on Motion for Miscellaneous Relief |
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RULING ON MOTION for Remittitur or for New Trial denying [272] Motion for Remittitur or for New Trial . Signed by Judge J. Garvan Murtha on 5/24/2006. Cys to parties. (kak, )
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Request |
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291 |
Filed: 5/24/2006, Entered: 5/24/2006 |
Order |
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DISCOVERY ORDER regarding issue of attorney's fees. Pltf to file [288] motion for attys fees by 5/19/2006. All depositions of expert to be completed 6/12/2006. Discovery due by 7/12/2006. Dft opposition to pltf motion for attys fees due 7/28/2006. Reply due 8/9/2006. Signed by Judge J. Garvan Murtha on 5/24/2006. Cys to parties.(kak, ) Modified on 5/25/2006 (jse, ).
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Request |
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-- |
Filed: 5/24/2006, Entered: 5/24/2006 |
set motion and R&R; deadlines/hearings |
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Reset Deadlines as to [288] MOTION for Attorney Fees. Response due by 7/28/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. Replies due by 8/9/2006. Per [291] Discovery Order dated 5/24/2006. (kak, )
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290 |
Filed: 5/23/2006, Entered: 5/24/2006 |
Telephone Conference |
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MINUTE ENTRY as to proceedings held before Judge J. Garvan Murtha: Telephone status conference held in chambers on 5/23/2006. Participating were: Robert Corn-Revere, Esq. for pltf and Pietro Lynn, Esq. for dft R.J. Elrick. Statements by counsel re: discovery schedule re: [288] pltf's motion for attorney's fees. ORDERED: No deposition of pltf's counsel will be allowed. Parties shall disclose respective experts and reports by 6/12/2006. Evidentiary depositions of experts shall be completed by 7/12/2006. Dft's opposition to [288] motion for attorney's fees due 7/28/2006. Plaintiff's reply due 8/9/2006. If oral argument on legal issues is scheduled, no evidence will be taken. Counsel to inform chambers of dates they are unavailable between 8/9/2006 and 8/25/2006. Court to issue scheduling order. (Court Reporter Coughlin) (kak) Modified on 5/25/2006 (jse, ).
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287 |
Filed: 5/23/2006, Entered: 5/23/2006 |
Order on Motion to Exceed Page Limit |
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ORDER granting [286] Stipulated Motion to Exceed Page Limit re: plaintiff's Motion for Attorney's Fees and Costs and Supporting Memorandum. Signed by Judge J. Garvan Murtha on 5/23/2006. (This is a text only Order.) (kbl, )
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286 |
Filed: 5/22/2006, Entered: 5/22/2006, Terminated: 5/23/2006 |
Motion for Leave to Exceed Page Limit |
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STIPULATED MOTION to Exceed Page Limit re: Motion for Attorney's Fees and Costs by Scott Huminski. (Attachments: # (1) Text of Proposed Order)(kak, ) Modified on 5/23/2006 (jse, ).
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289 |
Filed: 5/19/2006, Entered: 5/23/2006 |
Memorandum in Support |
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MEMORANDUM by Scott Huminski in support of [288] MOTION for Attorney's Fees. (Attachments: # (1) Exhibit 1# (2) Exhibit 1 Attachment 1# (3) Exhibit 1 Attachment 2# (4) Exhibit 1 Attachment 3# (5) Exhibit 1 Attachment 4# (6) Exhibit 1 Attachment 5# (7) Exhibit 1 Attachment 6# (8) Exhibit 1 Attachment 7 part 1 of 2# (9) Exhibit 1 Attachment 7 part 2 of 2# (10) Exhibit 1 Attachment 8 part 1 of 2# (11) Exhibit 1 Attachment 8 part 2 of 2# (12) Exhibit 1 Attachment 9 part 1 of 2# (13) Exhibit 1 Attachment 9 part 2 of 2# (14) Exhibit 1 Attachment 10# (15) Exhibit 1 Attachment 11# (16) Exhibit 1 Attachment 12# (17) Exhibit 1 Attachment 13# (18) Exhibit 1 Attachment 14# (19) Exhibit 1 Attachment 15# (20) Exhibit 1 Attachment 16# (21) Exhibit 1 Attachment 17# (22) Exhibit 2# (23) Exhibit 2 Appendix A# (24) Exhibit 2 Attachment 1# (25) Exhibit 2 Attachment 2 part 1 of 8# (26) Exhibit 2 Attachment 2 part 2 of 8# (27) Exhibit 2 Attachment 2 part 3 of 8# (28) Exhibit 2 Attachment 2 part 4 of 8# (29) Exhibit 2 Attachment 2 part 5 of 8# (30) Exhibit 2 Attachment 2 part 6 of 8# (31) Exhibit 2 Attachment 2 part 7 of 8# (32) Exhibit 2 Attachment 2 part 8 of 8# (33) Exhibit 2 Attachment 3# (34) Exhibit 3)(kak, ) Modified on 5/24/2006 (jse, ). Modified on 5/24/2006 (jse, ).
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288 |
Filed: 5/19/2006, Entered: 5/23/2006 |
Motion for Attorney Fees |
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MOTION for Attorney's Fees by Scott Huminski. Responses due by 6/5/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (Attachments: # (1) Text of Proposed Order)(kak, ) Modified on 5/24/2006 (jse, ).
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285 |
Filed: 5/17/2006, Entered: 5/17/2006 |
Order on Motion for Reconsideration |
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ORDER granting [279] Motion for Reconsideration. The Court's Order Granting Permanent Injunction filed 4/20/2006 is AFFIRMED. The issue of attorneys' fees discussed with counsel during a telephone conference on 4/21/2006 shall be decided in accordance with the procedures outlined by the Court at the conclusion of the conference. Signed by Judge J. Garvan Murtha on 5/17/2006. (This is a text only Order.) (kbl, )
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284 |
Filed: 5/17/2006, Entered: 5/17/2006 |
Notice of Hearing. |
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NOTICE of Hearing: Status Conference set for 5/23/2006 11:30 AM in Brattleboro Chambers before Hon. J. Garvan Murtha. Defense counsel to initiate conference call to chambers. Cys to counsel and Court Reporter.(kak, )
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Request |
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283 |
Filed: 5/12/2006, Entered: 5/12/2006 |
Reply to Response to Motion |
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REPLY to Response to Motion re [272] MOTION Rule 59 for Remittituror or, in the alternative, MOTION for New Trial filed by Robert Emerick, Rutland County Sheriff's Department. (wjf, ) Modified on 5/15/2006 (jse, ).
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Request |
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282 |
Filed: 4/26/2006, Entered: 4/26/2006 |
Notice of Docket Entry Correction |
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NOTICE of Docket Entry Correction re: [278] MINUTE ENTRY modified to include the following: MINUTE ENTRY as to proceedings held before Judge J. Garvan Murtha : Telephone Status Conference held in chambers on 4/21/2006. Participating were Robert Corn-Revere, Esq. for pltf and Pietro Lynn, Esq. for dft R.J. Elrick. Statements by counsel re: attorneys fees. ORDERED: Pltf to file petition for attorneys fees on or before 5/19/2006. A hearing on the petition will be held in mid-August. The parties will be notified of a date and time during the weeks of August 14 or August 21. They shall immediately inform the court as to any conflicts during these dates. The parties shall jointly submit a discovery schedule, which will include attorney fee expert disclosure dates and deadlines for conducting depositions and other discovery prior to the August hearing to be scheduled. (Court Reporter None) (kak)(admin)
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281 |
Filed: 4/25/2006, Entered: 4/25/2006 |
Response in Opposition to Motion |
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OPPOSITION to [279] MOTION for Reconsideration re [273] Pltf's Memorandum on Remaining Issues and [277] Permanent Injunction Order, filed by Scott Huminski. (wjf, )
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Request |
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280 |
Filed: 4/25/2006, Entered: 4/25/2006 |
Response in Opposition to Motion |
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OPPOSITION re [272] MOTION Rule 59 for Remittitur or, in the alternative, MOTION for New Trial filed by Scott Huminski. (wjf, )
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Request |
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279 |
Filed: 4/24/2006, Entered: 4/24/2006, Terminated: 5/17/2006 |
Motion for Reconsideration |
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MOTION for Reconsideration re [273] Memorandum on Remaining Issues including [277] Permanent Injunction and Request for Attorney's Fees by R. J. Elrick, Rutland County Sheriff's Department. Responses due by 5/8/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (wjf, )
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Request |
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278 |
Filed: 4/21/2006, Entered: 4/21/2006 |
Telephone Conference |
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**CORRECTED BY ENTRY #282** MINUTE ENTRY as to proceedings held before Judge J. Garvan Murtha : Telephone Status Conference held in chambers on 4/21/2006. Participating were Robert Corn-Revere, Esq. for pltf and Pietro Lynn, Esq. for dft R.J. Elrick. Statements by counsel re: attorneys fees. ORDERED: Pltf to file petition for attorneys fees on or before 5/19/2006. Counsel to file Stipulated Discovery Schedule/Order. Court to schedule hearing in mid-August. Counsel to notify Court with any scheduling conflicts. (Court Reporter None) (kak) Modified on 4/26/2006 (admin)
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-- |
Filed: 4/21/2006, Entered: 4/24/2006 |
Set/Reset Deadlines: |
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Set Deadlines: Joint Proposed Discovery Schedule/Order due by 5/17/2006. (kak, )
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277 |
Filed: 4/20/2006, Entered: 4/20/2006 |
Permanent Injunction |
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ORDER GRANTING PERMANENT INJUNCTION - Deft R.J. Elrick, the Sheriff of Rutland, and the Rutland County Sheriff's Department are hereby enjoined from enforcing against Scott Huminski the notices of trespass dated 5/24/1999 and 5/27/1999 and from issuing or enforcing any notices of trespass against Huminski that prevent him from accessing court property where such notices are based upon Huminski's public expression and where the expression does not disrupt or threaten the orderly preformance of court business. Signed by Judge J. Garvan Murtha on 4/20/2006. Cy to all parties.(wjf, )
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Request |
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276 |
Filed: 4/17/2006, Entered: 4/17/2006 |
Order on Motion for Miscellaneous Relief |
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ORDER denying [274] Notice of Co-Counsel Pro Se Appearance, denying [275] Motion to Extend Time. Signed by Judge J. Garvan Murtha on 4/17/2006. (This is a text only Order.) (kbl, )
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275 |
Filed: 4/17/2006, Entered: 4/17/2006, Terminated: 4/17/2006 |
Motion to Extend Time |
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MOTION for Enlargement of Time to Respond to Defendant's Rule 59 Motion, file post-trial motions, and retain counsel by Scott Huminski. (kak, )
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Request |
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274 |
Filed: 4/17/2006, Entered: 4/17/2006, Terminated: 4/17/2006 |
Motion for Miscellaneous Relief |
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NOTICE of Co-Counsel Pro Se Appearance by Scott Huminski. (kak, )
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Request |
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273 |
Filed: 4/14/2006, Entered: 4/17/2006 |
Pretrial Memorandum |
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MEMORANDUM on Remaining Issues by Scott Huminski. (Attachments: # (1) Text of Proposed Order)(kak, ) Modified on 4/17/2006 (jse, ). Additional attachment(s) added on 4/17/2006 (jse, ).
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Request |
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272 |
Filed: 4/11/2006, Entered: 4/11/2006, Terminated: 5/24/2006 |
Motion for Miscellaneous Relief |
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MOTION pursuant to Rule 59 for Remittitur or, in the alternative, MOTION for New Trial by R. J. Elrick, Rutland County Sheriff's Department. Responses due by 4/25/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (wjf, )
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Request |
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271 |
Filed: 3/30/2006, Entered: 3/30/2006 |
Order |
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ORDER - On or before 4/14/2006, counsel shall provide to the Court a memorandum as to any remaining issues, and if they involve equitable issues, provide a draft of any proposed order. Signed by Judge J. Garvan Murtha on 03/30/2006. Cy to counsel.(wjf, )
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Request |
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269 |
Filed: 3/29/2006, Entered: 3/29/2006 |
Exhibit |
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FINAL EXHIBIT LIST of exhibits used during trial. (jse, )
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Request |
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268 |
Filed: 3/29/2006, Entered: 3/29/2006 |
Jury Seating Arrangement |
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Jury Seating Arrangement. Document is sealed.. (jse, )
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Request |
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267 |
Filed: 3/28/2006, Entered: 3/29/2006 |
Jury Verdict |
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JURY VERDICT as to punitive damages. Punitive damages awarded to Plaintiff in the amount of $1.00. (jse, )
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Request |
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266 |
Filed: 3/28/2006, Entered: 3/29/2006 |
Jury Verdict |
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JURY VERDICT form as to compensatory damages. Plaintiff awarded compensatory damages in the amount of $50,000.(jse, )
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Request |
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265 |
Filed: 3/28/2006, Entered: 3/29/2006 |
Jury Trial Completed |
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MINUTE ENTRY of proceedings held before J. Garvan Murtha: Day Two of Jury Trial held on 3/28/2006. Pltf present w/counsel, Robert Corn-Revere, Esq., Ronald London, Esq., Amber Husbands, Esq., and William Kraham, Esq. Dft present w/counsel Pietro Lynn, Esq. In open court - jury present. Closing arguments by counsel. Court delivers charge to jury. Court appoints foreperson. At 11:05 a.m., jury excused to begin deliberations. In open court at 2:30 p.m., jury present, VERDICT returned -- $50,000 compensatory damages awarded to plaintiff. Jury finds dft Elrick liable for punitive damages. Parties waive polling of jurors. In open court, jury not present. Statements by counsel re: procedure for punitive damages phase of trial. In open court, jury present. R.J. Elrick (previously sworn) examined by Pietro Lynn, Esq. Closing arguments by counsel. At 3:10 p.m., jury excused to begin deliberations. In open court at 4:05 p.m., jury present, VERDICT returned -- $1.00 punitive damages awarded to pltf. Parties waive polling of jurors. Jury excused. (Court Reporter Coughlin) (kak).
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264 |
Filed: 3/28/2006, Entered: 3/28/2006 |
Order on Motion in Limine |
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ORDER denying [256] Motion in Limine for the reasons stated on the record during the first day of trial. Signed by Judge J. Garvan Murtha on 3/27/2006. (This is a text only Order.) (kbl, )
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263 |
Filed: 3/27/2006, Entered: 3/28/2006 |
Jury Trial Begun |
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MINUTE ENTRY of proceedings held before J. Garvan Murtha: Day One of a Jury Trial held on 3/27/2006. Pltf present w/counsel, Robert Corn-Revere, Esq., Ronald London, Esq., Amber Husbands, Esq., and William Kraham, Esq. Dft present w/counsel Pietro Lynn, Esq. In open court - jury (previously sworn) present. Court gives preliminary instructions to jury. Opening statements by counsel. The following witnesses, sworn by the clerk, were examined for the pltf: Scott Huminski, Dana Huminski, Steven Schutt, R.J. Elrick, Hon. Patricia Zimmerman. Pltf rests. Dft rests. Jury excused at 3:50 p.m. to return on 3/28/2006 at 9:30 a.m. Dft makes motion for judgment as matter of law. Statements by counsel. ORDERED: Motion for judgment DENIED. (Court Reporter Coughlin) (kak)
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262 |
Filed: 3/27/2006, Entered: 3/27/2006 |
Exhibit |
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EXHIBIT List by R. J. Elrick, Rutland County Sheriff's Department.(wjf, )
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Request |
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261 |
Filed: 3/27/2006, Entered: 3/27/2006 |
Proposed Jury Instructions |
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Proposed Verdict Form by Scott Huminski. (kak, )
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Request |
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260 |
Filed: 3/27/2006, Entered: 3/27/2006 |
Witness List |
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WITNESS and EXHIBIT LIST by Scott Huminski Document is sealed. (kak, )
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Request |
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259 |
Filed: 3/21/2006, Entered: 3/21/2006 |
Trial Brief/Memorandum |
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REVISED JOINT TRIAL MEMORANDUM by R. J. Elrick, Scott Huminski. (kak, )
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Request |
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258 |
Filed: 3/14/2006, Entered: 3/14/2006 |
Notice of Hearing. |
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NOTICE of Hearing: Jury Trial set for 3/27/2006 09:30 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Cys to parties.(kak, )
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Request |
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257 |
Filed: 3/13/2006, Entered: 3/14/2006 |
Jury Selection |
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MINUTE ENTRY for proceedings held before Judge J. Garvan Murtha; Jury selection held on 3/13/2006. Pltf not present. Counsel present for pltf: Robert Corn-Revere, Esq, Amber Husbands, Esq., and William Kraham, Esq. Dft present w/counsel Matthew Siebel, Esq. In open court. Voir dire conducted and a jury of 8 people selected. Jury excused to return at 9:30 AM on 3/27/2006 for the commencement of trial. (Court Reporter Coughlin) (kak)
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256 |
Filed: 3/13/2006, Entered: 3/13/2006, Terminated: 3/28/2006 |
Motion in Limine |
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MOTION in Limine to Exclude Defts' Introduction of September 1998 Letters and Testimony from Bennington District Court Staff by Scott Huminski. Responses due by 3/27/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (wjf, ) Modified on 3/13/2006 (jse, ). Modified on 3/14/2006 (jse, ).
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Request |
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255 |
Filed: 3/7/2006, Entered: 3/7/2006 |
Reply |
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OBJECTIONS to [254] Proposed Jury Instructions by Scott Huminski. (Attachments: # (1) Exhibit)(wjf, )
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254 |
Filed: 3/3/2006, Entered: 3/3/2006 |
Proposed Jury Instructions |
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PROPOSED JURY INSTRUCTIONS by R. J. Elrick, Rutland County Sheriff's Department. (kak, ) Modified on 3/7/2006 (jse, ).
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Request |
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253 |
Filed: 3/3/2006, Entered: 3/3/2006 |
Proposed Voir Dire |
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PROPOSED VOIR DIRE by R. J. Elrick, Rutland County Sheriff's Department. (kak, ) Modified on 3/7/2006 (jse, ).
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Request |
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252 |
Filed: 2/10/2006, Entered: 2/10/2006 |
Order |
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RULING ON [248] MOTION for Clarification and [242] Motion in Limine re: Punitive Damages filed by Scott Huminski, no evidence shall be presented which pertains to the amount of any punitive damages award until the jury has first determined all compensatory issues and that the pltf is, in the jury's opinion, entitled to an additional punitive damages award. Signed by Judge J. Garvan Murtha on 2/10/2006. Cy to counsel.(wjf, ) Modified on 2/14/2006 (jse, ). Modified on 2/14/2006 (jse, ).
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Request |
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251 |
Filed: 2/9/2006, Entered: 2/9/2006 |
Trial Calendar |
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JURY TRIAL CALENDAR - Jury Trial specially assigned for 3/27/2006 09:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Jury Draw set for 3/13/2006 09:30 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Cy to counsel. (Attachments: # (1) Jury Draw Calendar Attachments) (wjf, )
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250 |
Filed: 2/6/2006, Entered: 2/6/2006 |
Reply |
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REPLY re [249] Response in Opposition to [234] Motion in Limine to Exclude Any Evidence of Pltf's Claimed Emotional Damages by Scott Huminski. (wjf, ) Modified on 2/7/2006 (jse, ).
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Request |
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249 |
Filed: 2/2/2006, Entered: 2/2/2006 |
Response in Opposition to Motion |
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RESPONSE in Opposition re [248] MOTION for Clarification re: Punitive Damages filed by R. J. Elrick, Rutland County Sheriff's Department. (wjf, )
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Request |
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248 |
Filed: 1/19/2006, Entered: 1/19/2006, Terminated: 2/10/2006 |
Motion for Miscellaneous Relief |
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MOTION (Letter Form) for Clarification re: [243] Order and Punitive Damages by Scott Huminski. Responses due by 2/2/2006. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (wjf, ) Modified on 2/3/2006 (jse, ).
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Request |
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246 |
Filed: 1/4/2006, Entered: 1/4/2006 |
Proposed Voir Dire |
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Proposed Voir Dire by Scott Huminski. (kak, )
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Request |
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245 |
Filed: 1/4/2006, Entered: 1/4/2006 |
Proposed Jury Instructions |
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Proposed Jury Instructions by Scott Huminski. (kak, )
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Request |
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244 |
Filed: 1/3/2006, Entered: 1/3/2006 |
Certificate Of Service. |
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CERTIFICATE OF SERVICE by Scott Huminski re: Settlement Agreement and Stipulation of Dismissal. (law)
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Request |
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247 |
Filed: 12/29/2005, Entered: 1/10/2006 |
Order |
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STIPULATION AND ORDER of Dismissal with Prejudice as to dft Karen Predom . Signed by Judge J. Garvan Murtha on 12/29/2005. Cys to parties.(kak, ) Modified on 1/11/2006 (jse, ).
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Request |
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243 |
Filed: 12/28/2005, Entered: 12/28/2005 |
Order on Motion in Limine |
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ORDER denying [234] Motion in Limine to exclude evidence of plaintiff's claimed emotional damages, in light of plaintiff's representation that no testimony on the issue of PTSD will be presented. Plaintiff will be permitted to testify on his mental and emotional distress. Signed by Judge J. Garvan Murtha on 12/28/2005. (This is a text only Order.) (kbl, )
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242 |
Filed: 12/28/2005, Entered: 12/28/2005 |
Order on Motion to Exclude |
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ORDER granting [235] Motion to Exclude Expert Testimony of Ronald L.K. Collins, J.D. Signed by Judge J. Garvan Murtha on 12/28/2005. Cys to counsel. (kak)
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Request |
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241 |
Filed: 12/27/2005, Entered: 12/27/2005 |
Letter |
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Letter: Plaintiff's Submission of Expert Testimony Examples in response to request of Court at 12/19/2005 pretrial conference. (kak, )
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Request |
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240 |
Filed: 12/19/2005, Entered: 12/19/2005 |
Pretrial Conference - Final |
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MINUTE ENTRY for proceedings held before Judge J. Garvan Murtha : Final Pretrial Conference held on 12/19/2005. R. Corn-Revere, Esq., R. London, Esq. and W. Kraham, Esq. for Pltf. P. Lynn, Esq. and H. Thomas, Esq. for Deft Rutland County Sheriff's Dept. and Sheriff Elrick. Statements by Mr. Lynn and Mr. Corn-Revere re: Damages and Atty Fees. ORDERED: Deft Rutland County Sheriff's Dept's [236] MOTION for Entry of Judgment is GRANTED in part and DENIED in part. Deft Elrick only remaining deft for trial by jury on damages.Statements by Mr. Corn-Revere and Mr. Lynn re: punitive damages. ORDERED: Transcript of Expert Witness Collins to be reviewed by Court. [235] MOTION to Exclude and [234] MOTION in Limine taken under advisement. Jury draw remains on the trial calendar for 1/11/2006 at 1:00 pm. 4 day trial, start date to be determined. (Court Reporter A. Coughlin.) (wjf, )
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239 |
Filed: 12/19/2005, Entered: 12/19/2005 |
Response in Opposition to Motion |
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RESPONSE in Opposition re [234] MOTION in Limine, [235] MOTION to Exclude filed by Scott Huminski. (Attachments: # (1) Exhibit A)(wjf, )
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238 |
Filed: 12/19/2005, Entered: 12/19/2005 |
Response in Opposition to Motion |
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RESPONSE in Opposition re [236] MOTION for Judgment as to Deft Rutland County Sheriff's Department filed by Scott Huminski. (wjf, )
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Request |
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237 |
Filed: 12/12/2005, Entered: 12/13/2005 |
Trial Brief/Memorandum |
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JOINT TRIAL BRIEF/MEMORANDUM by R. J. Elrick, Scott Huminski, Rutland County Sheriff's Department. (Attachments: # (1) Appendix A# (2) Appendix B)(wjf, )
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236 |
Filed: 12/12/2005, Entered: 12/13/2005, Terminated: 12/19/2005 |
Motion for Judgment |
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MOTION for Entry of Judgment as to by Rutland County Sheriff's Department. Responses due by 1/11/2006. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (wjf, )
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Request |
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235 |
Filed: 12/9/2005, Entered: 12/9/2005, Terminated: 12/28/2005 |
Motion to Exclude |
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Defendants Rutland County Sheriff's Department and Deputy R.J. Elrick's MOTION to Exclude Expert Testimony of Ronald K.L. Collins, J.D. by R. J. Elrick, Rutland County Sheriff's Department. Responses due by 12/23/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (kak, )
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Request |
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234 |
Filed: 12/9/2005, Entered: 12/9/2005, Terminated: 12/28/2005 |
Motion in Limine |
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Defendants Rutland County Sheriff's Department's and Deputy RJ Elrick's MOTION in Limine to Exclude any Evidence of Plaintiff's Claimed Emotional Damages by R. J. Elrick, Rutland County Sheriff's Department. Responses due by 12/23/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (kak, )
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Request |
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233 |
Filed: 12/7/2005, Entered: 12/7/2005 |
Trial Calendar |
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TRIAL CALENDAR Jury Draw set for 1/11/2006 01:00 PM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Cy to counsel. (Attachments: # (1) Attachments) (wjf, )
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232 |
Filed: 12/5/2005, Entered: 12/5/2005 |
Discovery Certificate - Answer to Interrogatories |
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DISCOVERY CERTIFICATE - Answer to 3rd Set of Interrogatories and Requests to Produce by R. J. Elrick, Unnamed Members Rutland County Sheriff's Department.(wjf, )
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Request |
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231 |
Filed: 12/1/2005, Entered: 12/1/2005 |
Order on Motion to Compel |
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ORDER denying [228] Motion to Compel. Liability issues in this case have already been decided and only damages are at issue. Plaintiff's requests, on their face, do not address damage questions. Signed by Judge J. Garvan Murtha on 12/1/2005. (This is a text only Order.) (kbl, )
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230 |
Filed: 11/30/2005, Entered: 11/30/2005 |
Reply to Response to Motion |
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PLAINTIFF'S REPLY to Defendants Rutland County Sheriff's Department and Deputy R.J. Elrick's Opposition to Motion re [228] MOTION to Compel filed by Scott Huminski. (jse, )
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Request |
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229 |
Filed: 11/22/2005, Entered: 11/22/2005 |
Response in Opposition to Motion |
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OPPOSITION to pltf's [228] MOTION to Compel filed by dfts R. J. Elrick, Unnamed Members Rutland County Sheriff's Department. (kac, )
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Request |
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228 |
Filed: 11/15/2005, Entered: 11/16/2005, Terminated: 12/1/2005 |
Motion to Compel |
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MOTION to Compel by Scott Huminski. Responses due by 11/30/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C# (4) Exhibit D# (5) Exhibit E# (6) Exhibit F (1 of 3)# (7) Exhibit F (2 of 3)# (8) Exhibit F (3 of 3)# (9) Exhibit G# (10) Exhibit H)(wjf, )
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227 |
Filed: 11/8/2005, Entered: 11/8/2005 |
Discovery Certificate |
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DISCOVERY CERTIFICATE; Pltf's third interrogatories and requests for admissions to dft Karen Predom, Plft's third interrogatories and requests for admissions to dft's Rutland County Sheriff's Dept and Sheriff R.J. Elrick, Plft's responses to Dft Deputy Sheriff's R.J. Elrick's requests to admit and accompanying interrogatories and requests to produce by Scott Huminski.(kak, )
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Request |
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226 |
Filed: 11/7/2005, Entered: 11/8/2005 |
Discovery Certificate - Answer to Interrogatories |
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DISCOVERY CERTIFICATE - Supplemental Answer to 3rd Set of Interrogatories and Requests to Admit by Karen Predom.(wjf, )
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Request |
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| Save 25% on a pre-paid one year subscription. |
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225 |
Filed: 11/2/2005, Entered: 11/2/2005 |
Memorandum in Opposition |
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MEMORANDUM by Karen Predom in opposition of [217] MOTION for Protective Order. (wjf, )
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Request |
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224 |
Filed: 11/1/2005, Entered: 11/1/2005 |
Notice of Hearing. |
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REVISED NOTICE of Hearing: Jury Draw set for 1/11/2006 01:00 PM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Jury Trial set for 1/11/2006 01:00 PM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Cy to all counsel.(wjf, )
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Request |
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223 |
Filed: 10/28/2005, Entered: 10/31/2005 |
Discovery Certificate - Answer to Interrogatories |
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DISCOVERY CERTIFICATE - Dft Karen Predom's Responses to Plaintiff's Third Interrgatories and Request to Admit filed by Karen Predom.(jse, ) Additional attachment(s) added on 10/31/2005 (jse, ).
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222 |
Filed: 10/28/2005, Entered: 10/28/2005 |
Notice of Hearing. |
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NOTICE of Hearing: Pretrial Conference set for 12/19/2005 at 11:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Cy to counsel.(wjf, )
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Request |
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221 |
Filed: 10/28/2005, Entered: 10/28/2005 |
Notice of Hearing. |
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NOTICE of Hearing: Jury Draw and Jury Trial set for 1/11/2006 09:30 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (Special Assignment) Cy to counsel.(wjf, )
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Request |
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220 |
Filed: 10/28/2005, Entered: 10/28/2005 |
Order on Motion for Protective Order |
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ORDER denying [217] Motion for Protective Order to the extent it requests a deposition by telephone or that it be taken outside the state of Vermont. Discovery completion date extended to 12/2/2005. Parties shall confer in good faith and agree upon a date for Pltf's deposition within the State of Vermont prior to 12/2/2005. This case is set for Jury Drawing and specially assigned to commence trial on 01/11/2006 in Brattleboro. Pretrial Conference set for 12/19/2005 at 11:00 a.m. in Brattleboro. Joint trial brief to be filed by 12/12/2005. Signed by Judge J. Garvan Murtha on 10/28/2005. Cy to counsel. Faxed cy to Attys Winn, Bertrand, Husbands and London. (wjf, )
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Request |
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-- |
Filed: 10/28/2005, Entered: 10/28/2005 |
Set Deadlines/Hearings: |
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Set Deadlines/Hearings and Set Trial Management Order Deadlines: Trial Brief/Memorandum due by 12/12/2005 Discovery Completion due by 12/2/2005. Jury Draw set for 1/11/2006 09:30 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Jury Trial set for 1/11/2006 09:30 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. Pretrial Conference set for 12/19/2005 at 11:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha, pursuant to Court's Order [220]. (wjf, )
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219 |
Filed: 10/26/2005, Entered: 10/26/2005 |
Notice to Take Deposition |
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DISCOVERY CERTIFICATE - Notice to Take Oral Deposition of Scott Huminski by Karen Predom.(kak, ) Modified on 10/27/2005 (jse, ).
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Request |
 |
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218 |
Filed: 10/26/2005, Entered: 10/26/2005 |
Discovery Certificate - Response to Request for Ad |
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DISCOVERY CERTIFICATE - Response to Plaintiff's Third Interrogatories and Request for Admissions by R. J. Elrick, Rutland County Sheriff's Department.(kak, )
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Request |
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217 |
Filed: 10/25/2005, Entered: 10/25/2005, Terminated: 10/28/2005 |
Motion for Protective Order |
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MOTION for Protective Order re: Deposition of Plaintiff set for 10/31/2005 by Scott Huminski. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Exhibit C)(wjf, )
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216 |
Filed: 10/24/2005, Entered: 10/24/2005 |
Order on Motion for Reconsideration |
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AMENDED RULING and ORDER granting in part [209] Motion for Reconsideration re [197] Order on Motion for Partial Summary Judgment amended as follows: Summary Judgment on Plaintiff's free expression claim. As to the free-expression claim against defendants Predom and Elrick, the trespass notices did not constitute a reasonable restriction on the plaintiff's expressive activity, and plaintiff's Motion for Partial Summary Judgment [120] is GRANTED. The preliminary injunction fashioned by the Court on 2/27/2001, remains in effect as to defendants Predom and Elrick. Two issues outstanding: 1. To hear testimony and determine amount of damages and atty's fees; 2. To decide whether, under present circumstances, permanent injunctive relief is required. Nunc pro tunc 07/07/2005. Cy to all counsel. . Signed by Judge J. Garvan Murtha on 10/24/2005. (wjf, )
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Request |
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215 |
Filed: 10/24/2005, Entered: 10/24/2005 |
Order on Motion for Admission Pro Hac Vice |
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ORDER granting [211] and [213] Motions for Admission Pro Hac Vice of Amber L. Husbands, Esq. and Ronald G. London, Esq. as counsel for plaintiff. Signed by Judge J. Garvan Murtha on 10/24/2005. (This is a text only Order.)(kbl, )
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214 |
Filed: 9/30/2005, Entered: 10/3/2005 |
Affidavit |
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AFFIDAVIT of Ronald G. London re: [213] MOTION for Admission of Attorney Pro Hac Vice by Scott Huminski. (law)
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Request |
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213 |
Filed: 9/30/2005, Entered: 10/3/2005 |
Motion for Appearance Pro Hac Vice |
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MOTION for Admission of Attorney Ronald G. London Pro Hac Vice by Scott Huminski. (law)
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Request |
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212 |
Filed: 9/30/2005, Entered: 10/3/2005 |
Affidavit |
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AFFIDAVIT of Amber L. Husbands re: [211] MOTION for Admission of Attorney Amber L. Husbands Pro Hac Vice by Scott Huminski. (law)
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Request |
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211 |
Filed: 9/30/2005, Entered: 10/3/2005, Terminated: 10/24/2005 |
Motion for Appearance Pro Hac Vice |
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MOTION for Admission of Attorney Amber L. Husbands Pro Hac Vice by Scott Huminski. (law)
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Request |
 |
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210 |
Filed: 9/26/2005, Entered: 9/26/2005 |
Discovery Certificate - Interrogatories and Reques |
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DISCOVERY CERTIFICATE - Requests to Admit and Accompanying Interrogatories and Request to Produce to pltf by dft R. J. Elrick.(kac, )
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Request |
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209 |
Filed: 8/29/2005, Entered: 8/30/2005, Terminated: 10/24/2005 |
Motion for Reconsideration |
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MOTION for Clarification re [208] Order on Motion to Amend/Correct by Scott Huminski. Responses due by 9/13/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (wjf, )
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Request |
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208 |
Filed: 8/24/2005, Entered: 8/24/2005 |
Order on Motion to Amend/Correct |
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ORDER denying [199] Motion to Amend/Correct Court's [197] Order. Conclusion of the Court's July Order [197] modified: Jury trial on damages to plft to be set; issue of injunctive relief to be decided at completion of trial; parties to agree upon discovery schedule on issue of damages with discovery to be complete by 11/1/2005; Court to hear atty fee issues at completion of trial; 8/29/2005 hearing is cancelled. Signed by Judge J. Garvan Murtha on 8/24/2005. Cys sent to all non-NEF parties. All parties telephoned with notice of cancellation of 8/29/2005 hearing. (kak, ) Modified on 8/25/2005 (jse, ).
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Request |
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207 |
Filed: 8/24/2005, Entered: 8/24/2005 |
Order on Motion to Disqualify Counsel |
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ORDER denying [179] plaintiff's pro se Motion to Disqualify Counsel, denying [186] plaintiff's pro se Motion to Dismiss, denying [187] plaintiff's pro se Motion to Disqualify Judge, denying [187] plaintiff's pro se Motion for Reconsideration, denying [193] defendants Corsones and Zimmerman's Motion for Judgment, denying [206] plaintiff's Motion to Strike. Signed by Judge J. Garvan Murtha on 8/24/2005. (This is a text only Order.) (kbl, )
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206 |
Filed: 8/9/2005, Entered: 8/9/2005, Terminated: 8/24/2005 |
Motion to Strike |
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MOTION to Strike [202] Response in Opposition to Pltf's Motion to Amend Judgment filed by Scott Huminski. Responses due by 8/23/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (Previous entry same image)(jse, )
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Request |
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205 |
Filed: 8/9/2005, Entered: 8/9/2005 |
Reply to Response to Motion |
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SUPPLEMENTAL REPLY to Response to Motion re [199] MOTION to Amend/Correct [197] Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Order on Motion to Vacate filed by Scott Huminski. (Next entry same image) (jse, )
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Request |
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204 |
Filed: 8/9/2005, Entered: 8/9/2005 |
Response |
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RESPONSE re [199] MOTION to Amend/Correct [197] Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Order on Motion to Vacate, [203] Reply to Response to Motion by M. Patricia Zimmerman, Nancy Corsones. (wjf, )
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Request |
 |
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203 |
Filed: 8/4/2005, Entered: 8/4/2005 |
Reply to Response to Motion |
|
REPLY TO DEFENDANTS' RESPONSES TO MOTION re [199] MOTION to Amend/Correct Judgment filed by Scott Huminski. (jse, )
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Request |
 |
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202 |
Filed: 8/3/2005, Entered: 8/4/2005 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [199] MOTION to Amend/Correct [197] Order on Motion for Partial Summary Judgment,Order on Motion for Summary Judgment,Order on Motion to Vacate, filed by M. Patricia Zimmerman, Nancy Corsones. (jse, )
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Request |
 |
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201 |
Filed: 7/29/2005, Entered: 8/1/2005 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [199] MOTION to Amend/Correct [197] Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Order on Motion to Vacate, filed by R. J. Elrick. (jse, )
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Request |
 |
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200 |
Filed: 7/29/2005, Entered: 7/29/2005 |
Response to Motion |
|
RESPONSE to Motion re [199] MOTION to Amend/Correct [197] Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Order on Motion to Vacate, filed by Karen Predom. (wjf, )
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Request |
 |
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199 |
Filed: 7/12/2005, Entered: 7/13/2005, Terminated: 8/24/2005 |
Motion to Amend/Correct |
|
MOTION to Amend [197] Order by Scott Huminski. Responses due by 7/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law, )
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Request |
 |
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198 |
Filed: 7/7/2005, Entered: 7/7/2005 |
Notice of Hearing. |
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NOTICE of Hearing: Hearing on remaining issues set for 8/29/2005 01:00 PM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (law, )
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Request |
 |
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197 |
Filed: 7/7/2005, Entered: 7/7/2005 |
Order on Motion for Partial Summary Judgment |
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RULING AND ORDER granting (w/exception of pltf's free-expression claim) [123] Motion for Summary Judgment and [128] Motion for Summary Judgment; as to the free-expression claim against dfts Predom and Elrick, the trespass notices did not constitute a reasonable restriction on the pltf's expressive activity and therefore [120] Motion for Partial Summary Judgment is granted; granting [125] Motion for Summary Judgment (dfts Corsones & Zimmerman are dismissed in this suit). Two issues outstanding on remand - hearing to be held 08/29/2005 @ 1:00. Signed by Judge J. Garvan Murtha on 7th day of July, 2005. (law, )
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Request |
 |
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196 |
Filed: 6/7/2005, Entered: 6/7/2005 |
Affidavit |
|
AFFIDAVIT of Scott Huminski re: Extortion and Obstruction of Justice by Scott Huminski. (wjf, )
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Request |
 |
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195 |
Filed: 6/7/2005, Entered: 6/7/2005 |
Reply |
|
REPLY re [191]Post-Appeal Memorandum, [192] Post-Appeal Memorandum, [194] Post-Appeal Memorandum, and Opposition [193] MOTION for Judgment as to by Scott Huminski. (wjf, )
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Request |
 |
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194 |
Filed: 5/27/2005, Entered: 5/31/2005 |
~Notice (other) |
|
POSTAPPEAL MEMORANDUM by Karen Predom (law, )
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Request |
 |
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193 |
Filed: 5/27/2005, Entered: 5/31/2005 |
Motion for Judgment |
|
MOTION for Final Judgment Pursuant to Fed.R.Civ.P. 54(b) and Memorandum of Law Concerning Outstanding Issues Regarding Scott Huminski's Claims Against the Judges by M. Patricia Zimmerman, Nancy Corsones. Responses due by 6/13/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law, )
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Request |
 |
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|
192 |
Filed: 5/27/2005, Entered: 5/27/2005 |
Pretrial Memorandum |
|
POST-APPEAL MEMORANDUM by Scott Huminski. (wjf, )
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|
Request |
 |
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191 |
Filed: 5/27/2005, Entered: 5/27/2005 |
Memorandum in Support |
|
MEMORANDUM by R. J. Elrick, Rutland County Sheriff's Department of Law re: [177] USCA Mandate,. (wjf, )
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Request |
 |
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190 |
Filed: 5/10/2005, Entered: 5/11/2005 |
Motion Hearing |
|
MINUTE ENTRY for proceedings held before Judge J. Garvan Murtha : Status Conference held in open court on 5/10/2005. R. Corn-Revere, Esq. and W. Kraham, Esq. present for pltf; J. Winn, Esq. present for dft Predom; S. Bertrand, Esq. present for dfts Corsones and Zimmerman, M. Siebel, Esq. present for dfts Sheriff R. J. Elrick and Rutland Co. Sheriff's Dept. Statements by counsel re oustanding issues. Pending motions ruled on as follows: DENYING [181] Corn-Revere MOTION to Withdraw as Counsel, [183] Kraham MOTION to Withdraw as Counsel; DEFERS RULING on the following motions, filed by Scott Huminski, pro se: [179] MOTION to Disqualify Counsel, [186] MOTION to Dismiss, [187] MOTION to Disqualify Judge and Motion for Reconsideration. The Court takes judicial notice of its Order in 1:00-cv-55, filed 4/27/05, wherein it denied pltf's pro se motion to consolidate cases in light of the 2nd Circuit's affirmance of the judgment of the District Court (see Doc. 84). ORDERED: Counsel to submit in writing by 5/27/05 their position as to what the Court should do in light of the 2nd Circuit decision. (Court Reporter Coughlin.) (mfm, )
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|
 |
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189 |
Filed: 5/10/2005, Entered: 5/10/2005 |
Affidavit |
|
AFFIDAVIT of Scott Huminski re: [178] May 10, 2005 Hearing by Scott Huminski.(wjf, )
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Request |
 |
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188 |
Filed: 5/6/2005, Entered: 5/6/2005 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [187] MOTION to Disqualify Judge filed by M. Patricia Zimmerman, Nancy Corsones. (wjf, )
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Request |
 |
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187 |
Filed: 5/4/2005, Entered: 5/4/2005, Terminated: 8/24/2005 |
Motion to Disqualify Judge |
|
MOTION to Disqualify Judge Murtha and MOTION for Reconsideration of Order Denying Motion to Reconsider Judgment file in 1:00-cv-55 by Scott Huminski. Responses due by 5/18/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (wjf, )
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Request |
 |
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186 |
Filed: 4/29/2005, Entered: 4/29/2005, Terminated: 8/24/2005 |
Motion to Dismiss |
|
CONTINGENT NOTICE of DISMISSAL/ MOTION to Dismiss by Scott Huminski. (wjf, )
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Request |
 |
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185 |
Filed: 4/29/2005, Entered: 4/29/2005 |
~Notice (other) |
|
CONTINGENT NOTICE of Pro Se Appearance by Scott Huminski re [183] MOTION to Withdraw as Attorney, [181] MOTION to Withdraw as Attorney (Next entry part of same document) (wjf, )
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|
Request |
 |
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184 |
Filed: 4/27/2005, Entered: 4/27/2005 |
Memorandum in Opposition |
|
MEMORANDUM by M. Patricia Zimmerman, Nancy Corsones. in opposition of Motion to Consolidate (filed in 1:00-cv-55). (wjf, )
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|
Request |
 |
|
|
183 |
Filed: 4/26/2005, Entered: 4/26/2005, Terminated: 5/10/2005 |
Motion to Withdraw as Attorney |
|
MOTION to Withdraw as Attorney by Wm. Kraham, Esq., local counsel, for Scott Huminski. Responses due by 5/10/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (wjf, )
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Request |
 |
|
|
182 |
Filed: 4/25/2005, Entered: 4/25/2005 |
Order |
|
ORDER the parties are hereby notified that at the time of [178] Status Conference 5/10/2005 at 11:00 am in Brattleboro,the Court will hear [181] MOTION to Withdraw as Attorney filed by Scott Huminski. Signed by Judge J. Garvan Murtha on 04/22/2005. (wjf, )
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|
Request |
 |
|
|
181 |
Filed: 4/21/2005, Entered: 4/21/2005, Terminated: 5/10/2005 |
Motion to Withdraw as Attorney |
|
MOTION to Withdraw as Attorney by Robert Corn-Revere as to Scott Huminski. Responses due by 5/5/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (wjf, )
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|
Request |
 |
|
|
180 |
Filed: 4/21/2005, Entered: 4/21/2005 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re [179] MOTION to Disqualify Counsel and to Motion to Consolidate (filed in 1:00-cv-55) filed by Karen Predom. (wjf, )
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Request |
 |
|
|
179 |
Filed: 4/20/2005, Entered: 4/21/2005, Terminated: 8/24/2005 |
Motion to Disqualify Counsel |
|
MOTION to Disqualify VT Attorney General's Office by Scott Huminski. Responses due by 5/4/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (wjf, )
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Request |
 |
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178 |
Filed: 3/30/2005, Entered: 3/30/2005 |
Notice of Hearing. |
|
NOTICE of Hearing: Status Conference set for 5/10/2005 11:00 AM in Brattleboro Courtroom before Hon. J. Garvan Murtha. (wjf, )
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Request |
 |
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|
177 |
Filed: 3/17/2005, Entered: 3/17/2005, Terminated: 1/16/2007 |
USCA Mandate |
|
MANDATE of USCA re: judgment of district court is AFFIRMED in part; VACATED and REMANDED in part in accordance with the opinion of this Court as to [161] Notice of Appeal filed by Nancy Corsones, M. Patricia Zimmerman, [167] Notice of Appeal filed by Scott Huminski, [164] Notice of Appeal filed by Karen Predom (Attachments: # (1))(cwb )
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|
|
 |
|
|
-- |
Filed: 4/22/2003, Entered: 4/22/2003 |
Remark |
|
Rec'd $105 filing fee (R#19337) re: [176-1] Order by USCA granting permission to file interlocutory appeal. (cwb) Modified on 04/23/2003
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|
|
 |
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|
176 |
Filed: 4/9/2003, Entered: 4/9/2003 |
Order |
|
ORDER-USCA-Motion for leave to file interlocutory appeal is GRANTED. (cwb)
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Request |
 |
|
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-- |
Filed: 1/30/2003, Entered: 1/30/2003 |
File Transferred |
|
File sent to USCA (cwb)
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|
 |
|
|
-- |
Filed: 1/30/2003, Entered: 1/30/2003, Terminated: 1/16/2007 |
Appeal Record Sent to USCA |
|
CERTIFIED AND TRANSMITTED record on appeal to USCA re: [167-1] appeal by Scott Huminski, [161-1] appeal by M. Patricia Zimmerman, Nancy Corsones, [164-1] appeal by Karen Predom. (cwb)
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|
|
 |
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-- |
Filed: 1/8/2003, Entered: 1/8/2003 |
File Transferred |
|
File sent to Burlington (cab)
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|
 |
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175 |
Filed: 1/6/2003, Entered: 1/6/2003 |
Order |
|
CERTIFICATION FOR INTERLOCUTORY APPEAL - granting [172-1] motion for recertification of interlocutory Appeal ( Judge J. G. Murtha ) [EOD Date 1/6/03] Cy to parties (cab)
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|
Request |
 |
|
|
174 |
Filed: 12/20/2002, Entered: 12/20/2002 |
Memorandum in Opposition |
|
OPPOSITION by defendants R. J. Elrick, Rutland Cty Sheriff to [172-1] motion for recertification of interlocutory Appeal (pjd)
|
|
Request |
 |
|
|
173 |
Filed: 12/6/2002, Entered: 12/6/2002 |
Memorandum in Support |
|
MEMORANDUM by plaintiff Scott Huminski in support of [172-1] motion for recertification of interlocutory Appeal (pjd)
|
|
Request |
 |
|
|
172 |
Filed: 12/6/2002, Entered: 12/6/2002, Terminated: 1/6/2003 |
Motion for Leave to Appeal |
|
MOTION by plaintiff Scott Huminski for recertification of interlocutory Appeal (pjd)
|
|
Request |
 |
|
|
-- |
Filed: 12/6/2002, Entered: 12/6/2002, Terminated: 1/16/2007 |
Appeal Record Sent to USCA |
|
CERTIFIED AND TRANSMITTED INDEX to USCA re: [167-1] appeal by Scott Huminski, [164-1] appeal by Karen Predom, [161-1] appeal by M. Patricia Zimmerman, Nancy Corsones. Parties notified. (cwb)
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|
|
 |
|
|
171 |
Filed: 11/19/2002, Entered: 11/19/2002 |
Scheduling Order |
|
SCHEDULING ORDER #1 re: [161-1] appeal by M. Patricia Zimmerman, Nancy Corsones, [164-1] appeal by Karen Predom, [167-1] appeal by Scott Huminski. USCA Numbers: 02-6150; 6199(C); 6201(X); Conference set: 11/26/02; Index to Record Due: 12/10/02. (cwb)
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|
Request |
 |
|
|
170 |
Filed: 8/22/2002, Entered: 8/22/2002 |
Order |
|
ORDER granting [153-1] motion for certification of interlocutory appeal; granting [155-1] motion for stay of dissolution of preliminary injunction; denying motion for Certification of Interlocutory Appeal [159-1] ( Judge J. G. Murtha ) [EOD Date 8/22/02] Cy to parties (cab)
|
|
Request |
 |
|
|
169 |
Filed: 8/8/2002, Entered: 8/8/2002 |
Description not available |
|
FORMS C AND D re: [164-1] appeal by Karen Predom. (cwb)
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|
Request |
 |
|
|
-- |
Filed: 8/8/2002, Entered: 8/8/2002 |
Filing Fee Received |
|
FILING FEE PAID in the amount of $ 105.00 RECEIPT # 3283 for appeal of Deft Predom (P#164) (amn)
|
|
|
 |
|
|
168 |
Filed: 8/7/2002, Entered: 8/8/2002 |
Description not available |
|
FORMS C AND D re: [167-1] appeal by Scott Huminski. (cwb)
|
|
Request |
 |
|
|
167 |
Filed: 8/7/2002, Entered: 8/8/2002 |
Notice of Appeal |
|
NOTICE OF APPEAL by plaintiff Scott Huminski re: [152-1] opinion order. Fee Status: $105, R#18255. Cy to Judge J. Garvan Murtha, appellate clerk, Joseph Leon Winn, Heather Elaine Thomas, Pietro J. Lynn, Shannon A. Bertrand, William Edward Kraham, Robert L. Corn-Revere, Court reporter(s): None. (cwb)
|
|
Request |
 |
|
|
166 |
Filed: 8/7/2002, Entered: 8/7/2002 |
Memorandum in Opposition |
|
OPPOSITION by defendants R. J. Elrick, Rutland Cty Sheriff to [155-1] motion for stay of dissolution of preliminary injunction (pjd)
|
|
Request |
 |
|
|
165 |
Filed: 8/7/2002, Entered: 8/7/2002 |
Memorandum in Opposition |
|
OPPOSITION by defendants R. J. Elrick, Rutland Cty Sheriff to [153-1] motion for certification of interlocutory appeal (pjd)
|
|
Request |
 |
|
|
164 |
Filed: 8/7/2002, Entered: 8/7/2002, Terminated: 3/17/2005 |
Notice of Appeal |
|
NOTICE OF APPEAL by defendant Karen Predom re: [152-1] opinion order Cy to Judge J. Garvan Murtha , appellate clerk, Joseph Leon Winn for movant William D. Wright, , David L. Cleary for defendant Rutland County, Nancy Goss Sheahan for defendant Rutland, City of, Heather Elaine Thomas for defendant R. J. Elrick, Pietro J. Lynn for defendant R. J. Elrick, Paul L. Reiber for defendant M. Patricia Zimmerman, , William Edward Kraham for plaintiff Scott Huminski, Robert L. Corn-Revere for plaintiff Scott Huminski , Court reporter(s): none (wjf) Modified on 08/07/2002
|
|
Request |
 |
|
|
163 |
Filed: 8/7/2002, Entered: 8/7/2002 |
Reply to Response to Motion |
|
REPLY by plaintiff Scott Huminski to objection to [155-1] motion for stay of dissolution of preliminary injunction (pjd)
|
|
Request |
 |
|
|
162 |
Filed: 8/7/2002, Entered: 8/7/2002 |
Memorandum in Opposition |
|
MEMORANDUM by defendant Karen Predom in opposition to [155-1] motion for stay of dissolution of preliminary injunction, and in response to [153-1] motion for certification of interlocutory appeal (wjf)
|
|
Request |
 |
|
|
161 |
Filed: 8/5/2002, Entered: 8/5/2002, Terminated: 3/17/2005 |
Notice of Appeal |
|
NOTICE OF APPEAL by defendant Nancy Corsones, defendant M. Patricia Zimmerman re: [152-1] opinion order Fee Status: $105.00 pd, receipt #3279 Cy to Judge J. Garvan Murtha , appellate clerk, Joseph Leon Winn for movant William D. Wright, Heather Elaine Thomas for defendant R. J. Elrick, Pietro J. Lynn for defendant R. J. Elrick, Paul L. Reiber for defendant M. Patricia Zimmerman, William Edward Kraham for plaintiff Scott Huminski, Robert L. Corn-Revere for plaintiff Scott Huminski , Court reporter(s): none (amn)
|
|
Request |
 |
|
|
160 |
Filed: 8/5/2002, Entered: 8/5/2002 |
Memorandum in Support |
|
MEMORANDUM by defendant Nancy Corsones in support of [159-1] motion for Certification of Interlocutory Appeal (amn)
|
|
Request |
 |
|
|
159 |
Filed: 8/5/2002, Entered: 8/5/2002, Terminated: 8/22/2002 |
Motion for Miscellaneous Relief |
|
MOTION by defendant Nancy Corsones for Certification of Interlocutory Appeal (amn)
|
|
Request |
 |
|
|
158 |
Filed: 8/5/2002, Entered: 8/5/2002 |
Memorandum in Opposition |
|
OBJECTION by defendant Nancy Corsones, defendant M. Patricia Zimmerman to [155-1] motion for stay of dissolution of preliminary injunction (amn)
|
|
Request |
 |
|
|
157 |
Filed: 7/25/2002, Entered: 7/25/2002 |
Affidavit |
|
AFFIDAVIT of Scott Huminski by plaintiff Scott Huminski re: [155-1] motion for stay of dissolution of preliminary injunction (cab)
|
|
Request |
 |
|
|
156 |
Filed: 7/25/2002, Entered: 7/25/2002 |
Memorandum in Support |
|
MEMORANDUM by plaintiff Scott Huminski in support of [155-1] motion for stay of dissolution of preliminary injunction (cab)
|
|
Request |
 |
|
|
155 |
Filed: 7/25/2002, Entered: 7/25/2002, Terminated: 8/22/2002 |
Motion to Stay |
|
MOTION by plaintiff Scott Huminski for stay of dissolution of preliminary injunction (cab)
|
|
Request |
 |
|
|
154 |
Filed: 7/25/2002, Entered: 7/25/2002 |
Memorandum in Support |
|
MEMORANDUM by plaintiff Scott Huminski in support of [153-1] motion for certification of interlocutory appeal (cab)
|
|
Request |
 |
|
|
153 |
Filed: 7/25/2002, Entered: 7/25/2002, Terminated: 8/22/2002 |
Motion for Leave to Appeal |
|
MOTION by plaintiff Scott Huminski for certification of interlocutory appeal (cab)
|
|
Request |
 |
|
|
152 |
Filed: 7/11/2002, Entered: 7/11/2002 |
Order |
|
OPINION AND ORDER ( Judge J. G. Murtha ) denying motion to Strike [131-1] Plaintiff's Opposition to [123-1] Defendants' Motion for Summary Judgment for Failure to Comply with Local Rule 7.1(a)(4) [145-1], denying motion to Strike defts' statements of facts [130-1] [124-1] [127-1] [132-1], denying motion for Summary Judgment jurisdiction [128-1], granting [128-2] motion to dissolve [67-1] preliminary injunction, granting [123-1] motion for Summary Judgment, denying motion for partial summary judgment [120-1], denying motion for Summary Judgment [125-1]. Pltf's claim for monetary relief under 42:1983 against deft Predom in her official capacity is dismissed, sua sponte, for lack of supject-matter jurisdiction; and pltf's state law claims against defts are dismissed, sua sponte, for lack of subject matter jurisdiction. Cy to parties (amn) Modified on 07/18/2002
|
|
Request |
 |
|
|
151 |
Filed: 3/25/2002, Entered: 3/25/2002 |
Reply to Response to Motion |
|
REPLY by plaintiff Scott Huminski to response to [132-1] motion to Strike defts' statements of facts [130-1] [124-1] [127-1] (PREVIOUS ENTRY PART OF SAME DOCUMENT) (cab)
|
|
Request |
 |
|
|
151 |
Filed: 3/25/2002, Entered: 3/25/2002 |
Response to Motion |
|
CONSOLIDATED OPPOSITION by plaintiff Scott Huminski to [145-1] motion to Strike [131-1] Plaintiff's Opposition to [123-1] Defendants' Motion for Summary Judgment for Failure to Comply with Local Rule 7.1(a)(4) (NEXT ENTRY PART OF SAME DOCUMENT) (cab)
|
|
Request |
 |
|
|
150 |
Filed: 3/21/2002, Entered: 3/21/2002 |
Memorandum in Opposition |
|
OPPOSITION by defendant Nancy Corsones, defendant M. Patricia Zimmerman to [132-1] motion to Strike defts' statements of facts [130-1] [124-1] [127-1] (wjf) Modified on 03/22/2002
|
|
Request |
 |
|
|
149 |
Filed: 3/21/2002, Entered: 3/21/2002 |
Reply to Response to Motion |
|
REPLY by defendant Nancy Corsones, defendant M. Patricia Zimmerman to consolidated opposition and statement of disputed material facts re: [125-1] motion for Summary Judgment (wjf) Modified on 03/22/2002
|
|
Request |
 |
|
|
148 |
Filed: 3/21/2002, Entered: 3/21/2002 |
Reply to Response to Motion |
|
CONSOLIDATED REPLY by plaintiff Scott Huminski to defts' oppositions to [120-1] motion for partial summary judgment (cab)
|
|
Request |
 |
|
|
147 |
Filed: 3/20/2002, Entered: 3/20/2002 |
Reply to Response to Motion |
|
REPLY by defendant Karen Predom to response and in support of [128-1] motion for Summary Judgment jurisdiction (wjf)
|
|
Request |
 |
|
|
147 |
Filed: 3/20/2002, Entered: 3/20/2002 |
Memorandum in Opposition |
|
MEMORANDUM by defendant Karen Predom in opposition to [145-1] motion to Strike [131-1] Plaintiff's Opposition to [123-1] Defendants' Motion for Summary Judgment for Failure to Comply with Local Rule 7.1(a)(4) (Next entry part of same document) (wjf)
|
|
Request |
 |
|
|
-- |
Filed: 3/20/2002, Entered: 3/20/2002 |
Order |
|
ENDORSED ORDER: granting [139-1] motion for extension of time to respond to plaintiff's motion for partial summary judgment. [response already filed with the Court] ( Chief Judge J. G. Murtha ) Cy to parties (See referenced document for image) (amn)
|
|
|
 |
|
|
146 |
Filed: 3/18/2002, Entered: 3/18/2002 |
Response to Motion |
|
OPPOSITION by dfts Rutland Cty Sheriff, R. J. Elrick to [132-1] motion to Strike defts' statements of facts [130-1] [124-1] [127-1] (law)
|
|
Request |
 |
|
|
145 |
Filed: 3/18/2002, Entered: 3/18/2002, Terminated: 7/11/2002 |
Motion to Strike |
|
MOTION with memorandum in support by dfts Rutland Cty Sheriff, R. J. Elrick to Strike [131-1] Plaintiff's Opposition to [123-1] Defendants' Motion for Summary Judgment for Failure to Comply with Local Rule 7.1(a)(4) (law) Modified on 03/20/2002
|
|
Request |
 |
|
|
144 |
Filed: 3/18/2002, Entered: 3/18/2002 |
Reply to Response to Motion |
|
REPLY by dfts Rutland Cty Sheriff, R. J. Elrick to opposition to [123-1] motion for Summary Judgment (law)
|
|
Request |
 |
|
|
143 |
Filed: 3/12/2002, Entered: 3/13/2002 |
Statement of Undisputed Facts |
|
STATEMENT OF MATERIAL FACTS IN DISPUTE re: [120-1] motion for partial summary judgment by defendants Rutland Cty Sheriff, R. J. Elrick (pjd)
|
|
Request |
 |
|
|
142 |
Filed: 3/12/2002, Entered: 3/13/2002 |
Memorandum in Opposition |
|
OPPOSITION by defendants Rutland Cty Sheriff, R. J. Elrick to [120-1] motion for partial summary judgment (pjd)
|
|
Request |
 |
|
|
141 |
Filed: 3/12/2002, Entered: 3/13/2002 |
Reply to Response to Motion |
|
REPLY by defendants Rutland Cty Sheriff, R. J. Elrick to opposition to [139-1] motion for extension of time to respond to plaintiff's motion for partial summary judgment (pjd)
|
|
Request |
 |
|
|
140 |
Filed: 3/11/2002, Entered: 3/11/2002 |
Memorandum in Opposition |
|
OPPOSITION by plaintiff Scott Huminski to defts' [139-1] motion for extension of time to respond to plaintiff's motion for partial summary judgment (cab)
|
|
Request |
 |
|
|
139 |
Filed: 3/7/2002, Entered: 3/8/2002 |
Motion to Extend Time |
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MOTION by defendant R. J. Elrick, defendant Rutland Cty Sheriff for extension of time to respond to plaintiff's motion for partial summary judgment (pjd)
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Request |
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138 |
Filed: 3/5/2002, Entered: 3/5/2002 |
Statement of Undisputed Facts |
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STATEMENT OF DISPUTED FACTS re: [120-1] motion for partial summary judgment by defendant Nancy Corsones, defendant M. Patricia Zimmerman (amn)
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Request |
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137 |
Filed: 3/5/2002, Entered: 3/5/2002 |
Memorandum in Opposition |
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OBJECTION by defendant Nancy Corsones, defendant M. Patricia Zimmerman to [120-1] motion for partial summary judgment (amn)
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Request |
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136 |
Filed: 3/5/2002, Entered: 3/5/2002 |
Statement of Undisputed Facts |
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STATEMENT OF MATERIAL FACTS IN DISPUTE re: [128-1] motion for Summary Judgment jurisdiction by defendant Karen Predom (pjd)
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Request |
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135 |
Filed: 3/5/2002, Entered: 3/5/2002 |
Memorandum in Opposition |
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MEMORANDUM OF LAW by defendant Karen Predom in opposition to [120-1] motion for partial summary judgment (pjd)
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Request |
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134 |
Filed: 3/4/2002, Entered: 3/4/2002 |
Statement of Undisputed Facts |
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STATEMENT OF DISPUTED MATERIAL FACTS re: [120-1] motion for partial summary judgment by plaintiff Scott Huminski (cab)
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Request |
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133 |
Filed: 3/4/2002, Entered: 3/4/2002 |
Memorandum in Support |
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MEMORANDUM by plaintiff Scott Huminski in support of [132-1] motion to Strike defts' statements of facts [130-1] [124-1] [127-1] (cab)
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Request |
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132 |
Filed: 3/4/2002, Entered: 3/4/2002, Terminated: 7/11/2002 |
Motion to Strike |
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MOTION by plaintiff Scott Huminski to Strike defts' statements of facts [130-1] [124-1] [127-1] (cab)
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Request |
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131 |
Filed: 3/4/2002, Entered: 3/4/2002, Terminated: 7/11/2002 |
Response to Motion |
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CONSOLIDATED OPPOSITION by plaintiff Scott Huminski to motions for summary judgment [128-1] [123-1] [125-1]. SEE EXPANDABLE FOLDER. (cab) Modified on 03/04/2002
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Request |
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130 |
Filed: 2/1/2002, Entered: 2/1/2002 |
Statement of Undisputed Facts |
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STATEMENT OF MATERIAL FACTS NOT IN DISPUTE re: [128-1] motion for Summary Judgment by defendant Karen Predom (EXHIBITS LOCATED IN SEPARATE EXPANDABLE FOLDER) (pjd) Modified on 02/01/2002
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Request |
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129 |
Filed: 2/1/2002, Entered: 2/1/2002 |
Memorandum in Support |
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MEMORANDUM OF LAW by defendant Karen Predom in support of [128-1] motion for Summary Judgment jurisdiction, [128-2] motion to dissolve [67-1] preliminary injunction (pjd)
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Request |
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128 |
Filed: 2/1/2002, Entered: 2/1/2002, Terminated: 7/7/2005 |
Motion for Summary Judgment |
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MOTION by defendant Karen Predom for Summary Judgment jurisdiction and to dissolve [67-1] preliminary injunction (pjd)
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Request |
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127 |
Filed: 1/31/2002, Entered: 2/1/2002 |
Statement of Undisputed Facts |
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STATEMENT OF FACTS re: [125-1] motion for Summary Judgment by defendant Nancy Corsones, defendant M. Patricia Zimmerman(amn) Modified on 02/01/2002
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Request |
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126 |
Filed: 1/31/2002, Entered: 2/1/2002 |
Memorandum in Support |
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LEGAL MEMORANDUM by defendant Nancy Corsones, defendant M. Patricia Zimmerman in support of [125-1] motion for Summary Judgment (amn) Modified on 02/01/2002
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Request |
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125 |
Filed: 1/31/2002, Entered: 2/1/2002 |
Motion for Summary Judgment |
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MOTION by defendant Nancy Corsones, defendant M. Patricia Zimmerman for Summary Judgment (amn)
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Request |
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124 |
Filed: 1/31/2002, Entered: 1/31/2002 |
Statement of Undisputed Facts |
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STATEMENT OF UNDISPUTED MATERIAL FACTS re: [123-1] motion for Summary Judgment by defendants R. J. Elrick, Rutland Cty Sheriff (pjd)
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Request |
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123 |
Filed: 1/31/2002, Entered: 1/31/2002, Terminated: 7/7/2005 |
Motion for Summary Judgment |
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MOTION with memorandum in support by defendants R. J. Elrick, Rutland Cty Sheriff for Summary Judgment (pjd)
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Request |
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122 |
Filed: 1/31/2002, Entered: 1/31/2002 |
Memorandum in Support |
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MEMORANDUM by plaintiff Scott Huminski in support of [120-1] motion for partial summary judgment (SEE EXPANDABLE FOLDER). (cab) Modified on 01/31/2002
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Request |
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121 |
Filed: 1/31/2002, Entered: 1/31/2002 |
Statement of Undisputed Facts |
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STATEMENT OF UNDISPUTED FACTS re: [120-1] motion for partial summary judgment by plaintiff Scott Huminski (cab)
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Request |
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120 |
Filed: 1/31/2002, Entered: 1/31/2002, Terminated: 7/7/2005 |
Motion for Partial Summary Judgment |
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MOTION by plaintiff Scott Huminski for partial summary judgment (cab)
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Request |
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119 |
Filed: 1/22/2002, Entered: 1/22/2002 |
Report of ENE |
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ENE REPORT by evaluator Michael Frederick Hanley no settlement reached (law)
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Request |
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-- |
Filed: 1/15/2002, Entered: 1/15/2002 |
Remark |
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LETTER sent to counsel re: ENE session, response due 1/29/02 (law)
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 |
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-- |
Filed: 12/10/2001, Entered: 12/10/2001 |
Order |
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ENDORSED ORDER: granting absent objections [113-1] motion for Permission of Karen Predom to be Excused from ENE session ( Chief Judge J. G. Murtha ) Cy to parties (See referenced document for image) faxed to counsel. (cab)
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118 |
Filed: 12/6/2001, Entered: 12/6/2001 |
Response to Motion |
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RESPONSE by plaintiff Scott Huminski to [114-1] motion to excuse attendance of Judge Nancy Corsones and Judge M. Patricia Zimmerman at ENE session (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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-- |
Filed: 12/6/2001, Entered: 12/6/2001 |
Order |
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ENDORSED ORDER: granting absent objection [114-1] motion to excuse attendance of Judge Nancy Corsones and Judge M. Patricia Zimmerman at ENE session ( Chief Judge J. G. Murtha ) Cy to parties (See referenced document for image) (cab)
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-- |
Filed: 12/6/2001, Entered: 12/6/2001 |
Order |
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ENDORSED ORDER: denying motion to Quash Subpoena [115-1] ( Chief Judge J. G. Murtha ) Cy to parties (See referenced document for image) (cab)
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117 |
Filed: 12/5/2001, Entered: 12/5/2001 |
Memorandum in Opposition |
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MEMORANDUM by plaintiff Scott Huminski in opposition to [115-1] motion to Quash Subpoena (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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114 |
Filed: 12/3/2001, Entered: 12/3/2001, Terminated: 12/6/2001 |
Motion to Excuse Attendance at ENE Session |
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MOTION by defendant Nancy Corsones, defendant M. Patricia Zimmerman to excuse attendance of Judge Nancy Corsones and Judge M. Patricia Zimmerman at ENE session (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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116 |
Filed: 11/30/2001, Entered: 12/3/2001 |
Memorandum in Support |
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MEMORANDUM by movant William D. Wright in support of [115-1] motion to Quash Subpoena (law)
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Request From Archives (Scanning Fees/Delay May Apply) |
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115 |
Filed: 11/30/2001, Entered: 12/3/2001 |
Motion to Quash |
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MOTION by movant William D. Wright to Quash Subpoena (law)
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Request From Archives (Scanning Fees/Delay May Apply) |
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113 |
Filed: 11/29/2001, Entered: 12/3/2001 |
Motion to Excuse Attendance at ENE Session |
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MOTION by dft Karen Predom for Permission of Karen Predom to be Excused from ENE session (law)
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Request From Archives (Scanning Fees/Delay May Apply) |
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112 |
Filed: 11/27/2001, Entered: 11/27/2001 |
Stipulated Discovery Schedule/Order |
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STIPULATED DISCOVERY SCHEDULE/ORDER setting ENE session for 12/14/01 ; Discovery cutoff 12/21/01 ; Deadline for filing of all motions 1/31/02 ; the case shall be ready for trial 6 months after the date of the final summary judgment decision and order. ( Chief Judge J. G. Murtha ) Cy to parties (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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-- |
Filed: 11/21/2001, Entered: 11/27/2001 |
Order |
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ENDORSED ORDER: granting [111-1] joint motion to revise [102-1] Schedule For Discovery and Motions for Summary Judgment. No further extensions of the motions-filing deadline or trial-readiness date will be permitted. ( Chief Judge J. G. Murtha ) Cy to parties (See referenced document for image) (cab)
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111 |
Filed: 11/14/2001, Entered: 11/15/2001 |
Motion to Modify |
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JOINT MOTION by plaintiff Scott Huminski, defendant Rutland Cty Sheriff, defendant Nancy Corsones, defendant Karen Predom, defendant R. J. Elrick, defendant M. Patricia Zimmerman to revise [102-1] Schedule For Discovery and Motions for Summary Judgment (wjf) Modified on 11/16/2001
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Request From Archives (Scanning Fees/Delay May Apply) |
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110 |
Filed: 11/1/2001, Entered: 11/1/2001 |
Attorney Substitution |
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ATTORNEY SUBSTITUTION terminating attorney Peter Welles Hall for M. Patricia Zimmerman, Nancy Corsones and substituting attorney Paul L. Reiber (law)
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Request From Archives (Scanning Fees/Delay May Apply) |
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-- |
Filed: 10/24/2001, Entered: 10/24/2001 |
Order |
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ENDORSED ORDER: granting [109-1] motion for leave to take additional depositions ( Chief Judge J. G. Murtha ) Cy to parties (See referenced document for image) (cab)
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109 |
Filed: 10/23/2001, Entered: 10/23/2001, Terminated: 10/24/2001 |
Motion for Leave to File |
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CONSENT MOTION by plaintiff Scott Huminski for leave to take additional depositions (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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108 |
Filed: 10/10/2001, Entered: 10/10/2001 |
Discovery Certificate |
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DISCOVERY CERTIFICATE: notice of deposition of Scott Huminski by defendant Nancy Corsones, defendant M. Patricia Zimmerman (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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107 |
Filed: 10/10/2001, Entered: 10/10/2001 |
Discovery Certificate |
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DISCOVERY CERTIFICATE: answer to second interrogatories filed by defendant Karen Predom (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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106 |
Filed: 10/4/2001, Entered: 10/4/2001 |
Discovery Certificate |
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DISCOVERY CERTIFICATE: response to pltf's second interrogatories and documents reqeusts filed by dfts Rutland Cty Sheriff, R. J. Elrick (law)
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Request From Archives (Scanning Fees/Delay May Apply) |
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105 |
Filed: 10/1/2001, Entered: 10/1/2001 |
Discovery Certificate |
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DISCOVERY CERTIFICATE: responses to 2nd interrogatories, document requests and requests for admissions filed by defendant M. Patricia Zimmerman (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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104 |
Filed: 10/1/2001, Entered: 10/1/2001 |
Discovery Certificate |
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DISCOVERY CERTIFICATE: responses to 2nd interrogatories, document requests and requests for admissions filed by defendant Nancy Corsones (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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103 |
Filed: 9/28/2001, Entered: 9/28/2001 |
Discovery Certificate |
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DISCOVERY CERTIFICATE response to pltf's requests for admissions by dfts Rutland Cty Sheriff, R. J. Elrick (law)
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Request From Archives (Scanning Fees/Delay May Apply) |
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102 |
Filed: 9/26/2001, Entered: 9/26/2001 |
Stipulated Discovery Schedule/Order |
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REVISED STIPULATED DISCOVERY SCHEDULE/ORDER setting ENE session for first 2 weeks of November 2001 ; interrogatories, requests for produciton and requests for admissions due 10/1/01 ; Deadline for filing of summary judgment motions related to Round 1 issues due 12/14/01 ; ( Chief Judge J. G. Murtha ) Cy to parties (cab) Modified on 09/27/2001
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Request From Archives (Scanning Fees/Delay May Apply) |
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-- |
Filed: 9/26/2001, Entered: 9/26/2001 |
Order |
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ENDORSED ORDER: granting [101-1] joint motion to revise schedule for discovery and motions for summary judgment ( Chief Judge J. G. Murtha ) Cy to parties (See referenced document for image) (cab)
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101 |
Filed: 9/24/2001, Entered: 9/24/2001, Terminated: 9/26/2001 |
Motion to Extend Time |
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JOINT MOTION by plaintiff Scott Huminski, defendant Rutland Cty Sheriff, defendant Nancy Corsones, defendant Karen Predom, defendant Rutland District Ct, defendant R. J. Elrick, defendant M. Patricia Zimmerman to revise schedule for discovery and motions for summary judgment (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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-- |
Filed: 9/24/2001, Entered: 9/24/2001 |
Stipulated Discovery Schedule/Order (proposed) |
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RECEIVED proposed revised Stipulated Discovery Schedule/Order; (amn)
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100 |
Filed: 8/29/2001, Entered: 8/29/2001 |
Discovery Certificate |
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DISCOVERY CERTIFICATE: answer to interrogatories and request to produce filed by defendant Karen Predom (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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99 |
Filed: 8/24/2001, Entered: 8/24/2001 |
Discovery Certificate |
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DISCOVERY CERTIFICATE response to pltf's response to pltf's first set of requests to produce and response to pltf's first set of interrogatories by defendants Rutland Cty Sheriff, R. J. Elrick (pjd) Modified on 08/27/2001
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Request From Archives (Scanning Fees/Delay May Apply) |
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98 |
Filed: 8/15/2001, Entered: 8/16/2001 |
Stipulation and Order |
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STIPULATION AND ORDER of Dismissal as to Deft Rutland County Only, terminated party Rutland County, ( Chief Judge J. G. Murtha ) Cy to parties (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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97 |
Filed: 8/14/2001, Entered: 8/14/2001 |
Discovery Certificate |
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DISCOVERY CERTIFICATE responses to first document requests and first interrogatories by defendant Nancy Corsones, defendant M. Patricia Zimmerman (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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-- |
Filed: 8/14/2001, Entered: 8/14/2001 |
Miscellaneous Document |
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STIPULATION RECEIVED re: Dismissal of Deft Rutland County without prejudice. (amn)
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96 |
Filed: 8/8/2001, Entered: 8/8/2001 |
ENE Evaluator Assigned |
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ENE LETTER sent re: ENE Evaluator Michael Hanley assigned (law)
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Request From Archives (Scanning Fees/Delay May Apply) |
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95 |
Filed: 8/7/2001, Entered: 8/7/2001 |
Stipulated Discovery Schedule/Order |
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STIPULATED DISCOVERY SCHEDULE/ORDER setting Discovery [Round 1] cutoff 10/1/01 ; Deadline for filing of all motions 11/1/01 ; ( Chief Judge J. G. Murtha ) Cy to parties (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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-- |
Filed: 8/6/2001, Entered: 8/7/2001 |
Order |
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ENDORSED ORDER: granting [94-1] joint motion to Revise Discovery Schedule ( Chief Judge J. G. Murtha ) Cy to parties (See referenced document for image) (amn)
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94 |
Filed: 7/31/2001, Entered: 7/31/2001, Terminated: 8/6/2001 |
Motion to Extend Time |
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JOINT MOTION by plaintiff Scott Huminski, defendant Rutland Cty Sheriff, defendant Nancy Corsones, defendant Karen Predom, defendant Rutland District Ct, defendant R. J. Elrick, defendant M. Patricia Zimmerman to Revise Discovery Schedule (amn) Modified on 08/06/2001
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Request From Archives (Scanning Fees/Delay May Apply) |
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-- |
Filed: 7/31/2001, Entered: 7/31/2001 |
Stipulated Discovery Schedule/Order (proposed) |
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RECEIVED proposed Revised Stipulated Discovery Schedule/Order; (amn)
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 |
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-- |
Filed: 7/25/2001, Entered: 7/26/2001 |
Remark |
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LETTER sent to counsel re: ENE; response due 8/8/01 or Court to assign evaluator (law)
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93 |
Filed: 7/17/2001, Entered: 7/17/2001 |
Discovery Certificate |
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DISCOVERY CERTIFICATE: answer to interrogatories and requests to produce filed by defendant Rutland County (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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92 |
Filed: 7/12/2001, Entered: 7/12/2001 |
Answer |
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ANSWER to [66-1] amended complaint by defendant Rutland County (Attorney David L. Cleary); jury demand; (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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91 |
Filed: 7/3/2001, Entered: 7/3/2001 |
ENE Potential Evaluators Letter Sent |
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ENE LETTER re: potential evaluators sent; resp to ENE ltr due 7/22/01 (law)
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Request From Archives (Scanning Fees/Delay May Apply) |
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90 |
Filed: 7/2/2001, Entered: 7/2/2001 |
Discovery Certificate |
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DISCOVERY CERTIFICATE: interrogatories and requests to produce sent by defendants Rutland Cty Sheriff, R. J. Elrick to plaintiff Scott Huminski (pjd)
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Request From Archives (Scanning Fees/Delay May Apply) |
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89 |
Filed: 7/2/2001, Entered: 7/2/2001 |
Answer |
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ANSWER to [66-1] second amended complaint by defendant Rutland Cty Sheriff, defendant R. J. Elrick (pjd)
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Request From Archives (Scanning Fees/Delay May Apply) |
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88 |
Filed: 7/2/2001, Entered: 7/2/2001 |
Discovery Certificate |
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DISCOVERY CERTIFICATE: interrogatories and requests to produce sent by defendant Nancy Corsones, defendant M. Patricia Zimmerman to plaintiff Scott Huminski (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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87 |
Filed: 6/28/2001, Entered: 6/28/2001, Terminated: 6/28/2001 |
Motion to Withdraw as Attorney |
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MOTION by defendant Rutland Cty Sheriff, defendant R. J. Elrick, defendant S. Schutt, defendant Bennington Cty SD, defendant Gary Forrest for Dinse, Knapp & McAndrew, P.C. to Withdraw as Attorney Lynn & Assocaites has already substituted its appearance. (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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-- |
Filed: 6/28/2001, Entered: 6/28/2001 |
Order |
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ENDORSED ORDER: granting [87-1] motion for Dinse, Knapp & McAndrew, P.C. to Withdraw as Attorney ( Chief Judge J. G. Murtha ) Cy to parties (See referenced document for image) (cab)
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-- |
Filed: 6/22/2001, Entered: 6/22/2001 |
ISSUED Summons |
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SUMMONS(ES) ISSUED for defendant Rutland County Clerk (c/o Gay S. Johnson) (cab)
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86 |
Filed: 6/19/2001, Entered: 6/19/2001, Terminated: 6/19/2001 |
Motion for Discovery |
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MOTION by plaintiff Scott Huminski to adopt proposed Discovery schedule (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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-- |
Filed: 6/19/2001, Entered: 6/19/2001 |
Order |
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ENDORSED ORDER: granting [86-1] motion to adopt proposed Discovery schedule, motion filing deadline set for 11/1/01 discovery deadline set for 10/1/01 ready for trial by 1/7/02 ( Chief Judge J. G. Murtha ) Cy to parties (See referenced document for image) (cab)
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85 |
Filed: 6/18/2001, Entered: 6/19/2001 |
Answer |
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ANSWER to [66-1] second amended verified complaint by defendant Nancy Corsones, defendant M. Patricia Zimmerman (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
 |
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84 |
Filed: 6/5/2001, Entered: 6/5/2001 |
Order |
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OPINION AND ORDER ( Chief Judge J. G. Murtha ) Defts Corsones' and Zimmerman's Motion to Dismiss Huminski's 1983 complaint against them in their official capacities seeking retrospective relief is Granted. In all other respects, the Motion to Dismiss is Denied. [73-1] Cy to parties (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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-- |
Filed: 6/5/2001, Entered: 6/5/2001 |
Order |
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ENDORSED ORDER: denying request for pre trial conference [78-1]; finding the request for oral argument [78-1] moot. The issues raised in the defts' request were considered at the status conference on 5/31/01. A L.R. 16.2 pretrial conference will be scheduled after the close of discovery. ( Chief Judge J. G. Murtha ) Cy to parties (See referenced document for image) (cab)
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-- |
Filed: 5/31/2001, Entered: 6/5/2001 |
Minutes-Miscellaneous |
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MINUTE ENTRY: In Court by Chief Judge J. G. Murtha (Ct Rptr: Anne Coughlin). R. Corn-Revere and W. Kraham, Esqs., for Pltf. P. Hall, S. Bertrand, H. Thomas and J. Winn, Esqs., for defts. HEARING ON DEFTS CORSONES AND ZIMMERMAN'S RENEWED MOTION TO DISMISS (p#73). Statements made by Mr. Hall, Mr. Corn-Revere and Mr. Winn. Under advisement. STATUS CONFERENCE. Statements made by Mr. Hall, Mr. Corn-Revere, Ms. Thomas and Mr. Winn. ORDERED: Counsel to discuss the proceeding of this case as to depositions and discovery and submit memorandum as to disagreements and also discovery schedule on/before 6/15/01. ORDERED: denying motion to Amend [67-1]preliminary injunction order by dissolving as to State Defendants Rutland District Court and Karen Predom [69-2] brief deadline set for 6/15/01 stip disc schedule due 6/15/01 (cab)
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83 |
Filed: 5/24/2001, Entered: 5/24/2001 |
Notice of Appearance |
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NOTICE OF APPEARANCE AND SUBSTITUTION OF COUNSEL for defendants Rutland Cty Sheriff, R. J. Elrick, S. Schutt, Bennington Cty SD, Gary Forrest to update firm name and address by Pietro Lynn (pjd)
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Request From Archives (Scanning Fees/Delay May Apply) |
 |
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82 |
Filed: 5/8/2001, Entered: 5/8/2001 |
Notice of Hearing. |
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NOTICE OF HEARING: setting hearing on [73-1] motion to Dismiss by M. Patricia Zimmerman, Nancy Corsones for 10:00 5/31/01 in Brattleboro Cy to parties (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
 |
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81 |
Filed: 5/1/2001, Entered: 5/2/2001 |
Answer |
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ANSWER to [66-1] amended complaint by defendant Karen Predom stipulated discovery schedule due 5/31/01 (amn) Modified on 05/03/2001
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Request From Archives (Scanning Fees/Delay May Apply) |
 |
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-- |
Filed: 4/20/2001, Entered: 4/20/2001 |
Mail Returned |
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MAIL RETURNED [80-1] order, [79-1] opinion order addressed to pltf Scott Huminski marked "forwarding time exp"; forwarded to PO Box 4306, Bennington, VT, 05201-4306 (law)
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80 |
Filed: 4/17/2001, Entered: 4/17/2001 |
Order |
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RULING ON DEFTS' MOTION FOR RECONSIDERATION AND MOTION TO CONSOLIDATE EVIDENTIARY HEARING WITH TRIAL ON THE MERITS - denying motion for Reconsideration of [67-1] preliminary injunction order [71-1], denying motion for an evidentiary hearing consolidated with trial on the merits [71-2] ( Chief Judge J. G. Murtha ) [EOD Date 4/17/01] Cy to parties (cab) Modified on 04/18/2001
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Request From Archives (Scanning Fees/Delay May Apply) |
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79 |
Filed: 4/17/2001, Entered: 4/17/2001 |
Order |
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OPINION AND ORDER ( Chief Judge J. G. Murtha ) Pltf has indicated that he does not wish to pursue his claims against the Rutland District court, this Deft is DISMISSED from the suit. Denying [69-1] motion to Dismiss 2nd Amended Complaint for failure to state a claim as to deft Perdom. terminated party Rutland District Ct Cy to parties (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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78 |
Filed: 4/5/2001, Entered: 4/13/2001 |
Motion for Hearing |
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REQUEST FOR pre trial conference by defendant Nancy Corsones, defendant M. Patricia Zimmerman. PREVIOUS ENTRY PART OF SAME DOCUMENT (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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78 |
Filed: 4/5/2001, Entered: 4/13/2001 |
Motion for Hearing |
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REQUEST for oral argument on all pending motions: [71-1] motion for Reconsideration of [67-1] preliminary injunction order, [71-2] motion for evidentiary hearing consolidated with trial on the merits, [69-1] motion to Dismiss 2nd Amended Complaint for failure to state a claim, [69-2] motion to Amend [67-1]preliminary injunction order by dissolving as to State Defendants Rutland District Court and Karen Predom, [73-1] motion to Dismiss by defendant Nancy Corsones, defendant M. Patricia Zimmerman. NEXT ENTRY PART OF SAME DOCUMENT. (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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77 |
Filed: 4/5/2001, Entered: 4/6/2001 |
Reply to Response to Motion |
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REPLY by defendant Nancy Corsones, defendant M. Patricia Zimmerman to opposition to [73-1] motion to Dismiss (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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76 |
Filed: 4/4/2001, Entered: 4/4/2001 |
Reply to Response to Motion |
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REPLY by defendant Nancy Corsones, defendant M. Patricia Zimmerman to response to [71-1] motion for Reconsideration of [67-1] preliminary injunction order (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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75 |
Filed: 3/22/2001, Entered: 3/22/2001 |
Memorandum in Opposition |
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CONSOLIDATED OPPOSITION by plaintiff Scott Huminski to [69-1] motion to Dismiss 2nd Amended Complaint for failure to state a claim, [73-1] motion to Dismiss (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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74 |
Filed: 3/22/2001, Entered: 3/22/2001 |
Memorandum in Opposition |
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CONSOLIDATED OPPOSITION by plaintiff Scott Huminski to [71-1] motion for Reconsideration of [67-1] preliminary injunction order, [71-2] motion for an evidentiary hearing consolidated with trial on the merits, [69-2] motion to Amend [67-1]preliminary injunction order by dissolving as to State Defendants Rutland District Court and Karen Predom (cab) Modified on 03/22/2001
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Request From Archives (Scanning Fees/Delay May Apply) |
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73 |
Filed: 3/9/2001, Entered: 3/12/2001 |
Motion to Dismiss |
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RENEWED MOTION with memorandum in support by defendant Nancy Corsones, defendant M. Patricia Zimmerman to Dismiss (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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72 |
Filed: 3/9/2001, Entered: 3/9/2001 |
Affidavit |
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AFFIDAVIT of Nancy Corsones by defendant Nancy Corsones, defendant M. Patricia Zimmerman re: [71-1] motion for Reconsideration of [67-1] preliminary injunction order, [71-2] motion for an evidentiary hearing consolidated with trial on the merits (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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71 |
Filed: 3/9/2001, Entered: 3/9/2001, Terminated: 4/17/2001 |
Motion for Reconsideration |
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MOTION by defendant Nancy Corsones, defendant M. Patricia Zimmerman for Reconsideration of [67-1] preliminary injunction order , and for an evidentiary hearing consolidated with trial on the merits (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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70 |
Filed: 3/9/2001, Entered: 3/9/2001 |
Memorandum in Support |
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MEMORANDUM by defendant Karen Predom, defendant Rutland District Ct in support of [69-1] motion to Dismiss 2nd Amended Complaint for failure to state a claim, [69-2] motion to Amend [67-1]preliminary injunction order by dissolving as to State Defendants Rutland District Court and Karen Predom (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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69 |
Filed: 3/9/2001, Entered: 3/9/2001, Terminated: 4/17/2001 |
Motion to Dismiss |
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MOTION by defendant Karen Predom, defendant Rutland District Ct to Dismiss 2nd Amended Complaint for failure to state a claim , and to Amend [67-1]preliminary injunction order by dissolving as to State Defendants Rutland District Court and Karen Predom (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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68 |
Filed: 2/28/2001, Entered: 2/28/2001 |
Reply |
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CONSOLIDATED REPLY by plaintiff Scott Huminski to Defts' Oppositions to pltf's [56-1] motion for Preliminary Injunction (cab) Modified on 03/01/2001
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Request From Archives (Scanning Fees/Delay May Apply) |
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67 |
Filed: 2/27/2001, Entered: 2/27/2001, Terminated: 4/17/2001 |
Order |
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ORDER - Having made a clear showing that he has and will suffer irreparable harm as a result of defts' conduct, and having shown a reasonable likelihood that he will succeed on the merits, granting [56-1] motion for Preliminary Injunction. The defts are preliminarily enjoined from enforcing notices of trespass dated 5/24/99 and 5/27/99. Moreover, defts are enjoined, during the pendency of this case, from issuing or enforcing any notices of trespass against pltf that prevent him from accessing court property where such notices are based solely upon pltf's public expression of his political opinions so long as the expression does not disrupt or threaten the orderly performance of court business. ( Chief Judge J. G. Murtha ) [EOD Date 2/27/01] Cy to parties (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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Filed: 2/27/2001, Entered: 2/27/2001 |
Order |
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ENDORSED ORDER: denying without prejudice as to defts Nancy Corsones, Karen Predom, M. Patricia Zimmerman and Rutland District Court motion to Dismiss (case) for failure to state a claim upon which relief can be granted [35-1] with leave to renew at a later date in view of the filing of an amended complaint. Denied as moot as to former defts not named in amended complaint: VT State Police, State of VT and Unnamed VT State Police Officer. ( Chief Judge J. G. Murtha ) Cy to parties (See referenced document for image) (cab) Modified on 02/28/2001
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Filed: 2/27/2001, Entered: 2/27/2001 |
Order |
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ENDORSED ORDER: denying motion to Refrain from Sua Sponte Vacation of Order (October, 1999 dismissing them from the case) [48-1] ( Chief Judge J. G. Murtha ) Cy to parties (See referenced document for image) (cab)
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66 |
Filed: 2/23/2001, Entered: 2/23/2001 |
Amended Complaint |
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AMENDED COMPLAINT by plaintiff Scott Huminski , amending [1-1] complaint (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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Filed: 2/23/2001, Entered: 2/23/2001 |
Order |
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ENDORSED ORDER: granting [54-1] motion for leave to file amended complaint. The Court notes that as a result of this amended complaint, a new deft, Rutland County, has been added. terminated party Unnamed VT State Police, party VT State Police, party Vermont, State of , added defendant Rutland County ( Chief Judge J. G. Murtha ) Cy to parties (See referenced document for image) (cab)
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65 |
Filed: 2/15/2001, Entered: 2/15/2001 |
Memorandum in Opposition |
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MEMORANDUM by defendant Nancy Corsones, defendant M. Patricia Zimmerman in opposition to [56-1] motion for Preliminary Injunction (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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64 |
Filed: 2/15/2001, Entered: 2/15/2001 |
Response to Motion |
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RESPONSE by defendant Nancy Corsones, defendant M. Patricia Zimmerman to [54-1] motion for leave to file amended complaint (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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63 |
Filed: 2/15/2001, Entered: 2/15/2001 |
Memorandum in Opposition |
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OPPOSITION by defendants Rutland Cty Sheriff, R. J. Elrick, S. Schutt, Bennington Cty SD, Gary Forrest to [56-1] motion for Preliminary Injunction (pjd)
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Request From Archives (Scanning Fees/Delay May Apply) |
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62 |
Filed: 2/15/2001, Entered: 2/15/2001 |
Memorandum in Opposition |
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OPPOSITION by defendants Rutland Cty Sheriff, R. J. Elrick, S. Schutt, Bennington Cty SD, Gary Forrest to [54-1] motion for leave to file amended complaint (pjd)
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Request From Archives (Scanning Fees/Delay May Apply) |
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61 |
Filed: 2/14/2001, Entered: 2/15/2001 |
Order |
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ORDER - The motion dismissing the Rutland County Sheriff's Dept and Deputy Sheriff Elrick is hereby vacated and both defts are reinstated as parties to this action. ( Chief Judge J. G. Murtha ) [EOD Date 2/15/01] Cy to parties (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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60 |
Filed: 2/14/2001, Entered: 2/15/2001 |
Response to Motion |
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MEMORANDUM OF LAW IN RESPONSE by defendant Karen Predom, defendant Rutland District Ct to [54-1] motion for leave to file amended complaint and Memorandum of Law In Opposition to [56-1] motion for Preliminary Injunction (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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59 |
Filed: 2/13/2001, Entered: 2/13/2001 |
Response to Motion |
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RESPONSE by city defendants Rutland Police Dept., Robert Emerick, Rutland, City of to [54-1] motion for leave to file amended complaint (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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58 |
Filed: 2/2/2001, Entered: 2/2/2001 |
Memorandum in Support |
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SUPPLEMENTAL MEMORANDUM in support by defendant Nancy Corsones, defendant M. Patricia Zimmerman re: [35-1] motion to (case) for failure to state a claim upon which relief can granted (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| Save 25% on a pre-paid one year subscription. |
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57 |
Filed: 2/2/2001, Entered: 2/2/2001 |
Memorandum in Support |
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MEMORANDUM by plaintiff Scott Huminski in support of [56-1] motion for Preliminary Injunction (PREVIOUS ENTRY PART OF SMAE DOCUMENT) (cab)
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57 |
Filed: 2/2/2001, Entered: 2/2/2001 |
Memorandum in Opposition |
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MEMORANDUM by plaintiff Scott Huminski in opposition to [35-1] motion to Dismiss (case) for failure to state a claim upon which relief can be granted (NEXT ENTRY PART OF SAME DOCUMENT) (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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56 |
Filed: 2/2/2001, Entered: 2/2/2001, Terminated: 2/27/2001 |
Motion for Preliminary Injunction |
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MOTION by plaintiff Scott Huminski for Preliminary Injunction (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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55 |
Filed: 2/2/2001, Entered: 2/2/2001 |
Memorandum in Support |
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MEMORANDUM by plaintiff Scott Huminski in support of [54-1] motion for leave to file amended complaint (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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54 |
Filed: 2/2/2001, Entered: 2/2/2001, Terminated: 2/23/2001 |
Motion for Leave to File |
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MOTION by plaintiff Scott Huminski for leave to file amended complaint (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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53 |
Filed: 2/2/2001, Entered: 2/2/2001 |
Memorandum in Support |
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SUPPLEMENTAL MEMORANDUM in support by defendant Vermont, State of, defendant Karen Predom, defendant VT State Police, Rutland District Ct re: [35-1] motion to Dismiss (case) for failure to state a claim upon which relief can be granted (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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52 |
Filed: 1/26/2001, Entered: 1/26/2001 |
Response |
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RESPONSE by defendant Nancy Corsones, defendant M. Patricia Zimmerman to Court's Consideration to Sua Sponte recind [31-1] order terminated parties City of Rutland, Gary Forrest, Bennington Cty SD, Robert Emerick, Schutt, R. J. Elrick, Rutland Cty Sheriff, [24-1] motion Judgment on the Pleadings (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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51 |
Filed: 1/26/2001, Entered: 1/26/2001 |
Memorandum in Opposition |
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MEMORANDUM by defendant Vermont, State of, defendant Karen Predom, defendant VT State Police, defendant Rutland District Ct in opposition to [21-1] motion for relief from [0-0] endorsed order granting motion to dismiss (P#10) and terminating party Rutland Police Dept., [21-2] motion for Reconsideration of [0-0] endorsed order terminating party Rutland Police Dept. (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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50 |
Filed: 1/24/2001, Entered: 1/24/2001 |
Response |
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RESPONSE by defendant Rutland Police Dept., defendant Robert Emerick, defendant Rutland, City of to [21-1] motion for relief from [0-0] endorsed order granting motion to dismiss (P#10) and terminating party Rutland Police Dept., [21-2] motion for Reconsideration of [0-0] endorsed order terminating party Rutland Police Dept. (wjf)
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Request From Archives (Scanning Fees/Delay May Apply) |
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49 |
Filed: 1/22/2001, Entered: 1/22/2001 |
Notice of Appearance |
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NOTICE OF APPEARANCE for plaintiff Scott Huminski by William Edward Kraham (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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48 |
Filed: 1/22/2001, Entered: 1/22/2001, Terminated: 2/27/2001 |
Motion for Miscellaneous Relief |
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MOTION by dfts Rutland Cty Sheriff, Bennington Cty SD, S. Schutt, R. J. Elrick, Gary Forrest to Refrain from Sua Sponte Vacation of Order (October, 1999 dismissing them from the case) (law)
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Request From Archives (Scanning Fees/Delay May Apply) |
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Filed: 1/18/2001, Entered: 1/18/2001 |
Minutes-Miscellaneous |
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MINUTE ENTRY: In Court by Chief Judge J. G. Murtha (Ct Rptr: Anne Coughlin). R. Corn-Revere and W. Kraham, Esqs., for Pltf. J. Winn and Shannon Bertrand, Esqs., for Defts. N. Sheahan and Doug LeBrun, Esqs., seated outside the rail. Mr. Krahan stated that he would be entering his appearance as local counsel for Pltf. Statements made by Mr. Bertrand (representation of Judges Corsones and Zimmerman). HEARING ON PLTF'S MOTION TO EXPEDITE. Statements made by Mr. Corn-Revere and Mr. Winn. ORDERED: granting [40-1] motion to Expedite its consideration of the State dfts' Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted . HEARING ON DEFTS' MOTION TO DISMISS (Paper #35). Statements made by Mr. Winn, Mr. Corn-Revere and Mr. Bertrand. ORDERED: Additional memos to be filed by 2/2/01 by pltf and defts. Oral motion for the Court to vacate previous rulings dismissing defts by Mr. Corn-Revere. Statements made by Mr. LeBrun and Mr. Winn. ORDERED: Memos to be filed by 1/26/01 concerning this issue. brief deadline set for 1/26/01 (cab)
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47 |
Filed: 1/11/2001, Entered: 1/11/2001 |
Notice of Appearance |
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NOTICE OF APPEARANCE for defendants Nancy Corsones, M. Patricia Zimmerman by Peter Welles Hall (cab)
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Request From Archives (Scanning Fees/Delay May Apply) |
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46 |
Filed: 12/19/2000, Entered: 12/19/2000 |
Notice of Hearing. |
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REVISED NOTICE OF HEARING: resetting hearing on [40-1] motion to Expedite its consideration of the State dfts' Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted (P#35) and [35-1] motion to Dismiss (case) for failure to state a claim upon which relief can be granted for 1:00 1/18/01 Cy to parties (law)
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Filed: 12/15/2000, Entered: 12/15/2000 |
Order |
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ENDORSED ORDER: granting subject to the filing of a notice of appearance by Atty. Kraham as local counsel for pltf [44-1] motion for Robert L. Corn-Revere to Appear Pro Hac Vice ( Chief Judge J. G. Murtha ) Cy to parties (cab)
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45 |
Filed: 12/14/2000, Entered: 12/14/2000 |
Affidavit |
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AFFIDAVIT of Robert Corn-Revere by plaintiff Scott Huminski re: [44-1] motion for Robert L. Corn-Revere to Appear Pro Hac Vice (cab)
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44 |
Filed: 12/14/2000, Entered: 12/14/2000, Terminated: 12/15/2000 |
Motion for Leave to Appear |
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MOTION by plaintiff Scott Huminski for Robert L. Corn-Revere to Appear Pro Hac Vice (cab) Modified on 12/15/2000
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43 |
Filed: 12/5/2000, Entered: 12/5/2000 |
Reply to Response to Motion |
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REPLY by plaintiff Scott Huminski to response to [40-1] motion to Expedite its consideration of the State dfts' Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted (P#35) (cab)
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42 |
Filed: 12/1/2000, Entered: 12/1/2000 |
Notice of Hearing. |
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NOTICE OF HEARING: motion hearing set for 10:00 12/20/00 for [40-1] motion to Expedite its consideration of the State dfts' Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted (P#35), motion hearing set for 10:00 12/20/00 for [35-1] motion to Dismiss (case) for failure to state a claim upon which relief can be granted Cy to all parties (cab)
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-- |
Filed: 10/10/2000, Entered: 10/10/2000 |
File Transferred |
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File sent to Brattleboro (cwb)
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Filed: 10/10/2000, Entered: 10/10/2000, Terminated: 1/16/2007 |
Appeal Record Returned |
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RECORD ON APPEAL RETURNED re: [33-1] appeal by Scott Huminski. (cwb)
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41 |
Filed: 8/31/2000, Entered: 8/31/2000 |
Affidavit |
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AFFIDAVIT of Scott Huminski by plaintiff Scott Huminski re: [40-1] motion to Expedite its consideration of the State dfts' Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted (P#35) (pls)
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40 |
Filed: 8/31/2000, Entered: 8/31/2000, Terminated: 1/18/2001 |
Motion to Expedite |
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MOTION with memorandum in support by plaintiff Scott Huminski to Expedite its consideration of the State dfts' Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted (P#35) (pls)
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39 |
Filed: 8/24/2000, Entered: 8/24/2000, Terminated: 1/16/2007 |
USCA Mandate |
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MANDATE entered 07/20/00; issued 08/17/00 re: dismissing the appeal [33-1] for lack of appellate jurisdiction in accordance with the opinion of this court [copy attached]. (cwb)
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38 |
Filed: 2/14/2000, Entered: 2/14/2000 |
Scheduling Order |
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SCHEDULING ORDER #1 re: [33-1] appeal by Scott Huminski. USCA Number: 99-9329; Conference set: 02/22/00; Index to Record Due: 03/02/00. (cwb)
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Filed: 12/3/1999, Entered: 12/3/1999 |
Order |
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ENDORSED ORDER: finding [37-1] motion to hold in abeyance dfts' motion to dismiss (P#35) moot. The case is currently stayed pending outcome of the appeal. (Chief Judge J. G. Murtha) Cy to parties (pls)
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37 |
Filed: 11/29/1999, Entered: 11/29/1999, Terminated: 12/3/1999 |
Motion to Stay |
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MOTION by plaintiff Scott Huminski to hold in abeyance defendants' motion to dismiss (P#35) (amn) Modified on 11/30/1999
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Filed: 11/19/1999, Entered: 11/19/1999 |
File Transferred |
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File sent to USCA (cwb)
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Filed: 11/19/1999, Entered: 11/19/1999, Terminated: 1/16/2007 |
Appeal Record Sent to USCA |
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CERTIFIED AND TRANSMITTED record on appeal to USCA re: [33-1] appeal by Scott Huminski. Parties notified. (cwb)
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Filed: 11/18/1999, Entered: 11/18/1999 |
File Transferred |
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File sent to Burlington (pls)
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36 |
Filed: 11/17/1999, Entered: 11/17/1999 |
Memorandum in Support |
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MEMORANDUM by defendant Vermont, State of, defendant Nancy Corsones, defendant Karen Predom, defendant Vermont State Police, defendant M. Patricia Zimmerman in support of [35-1] motion to Dismiss (case) for failure to state a claim upon which relief can be granted (amn)
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35 |
Filed: 11/17/1999, Entered: 11/17/1999, Terminated: 2/27/2001 |
Motion to Dismiss |
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MOTION by defendant Vermont, State of, defendant Nancy Corsones, defendant Karen Predom, defendant Vermont State Police, defendant M. Patricia Zimmerman to Dismiss (case) for failure to state a claim upon which relief can be granted (amn)
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Request From Archives (Scanning Fees/Delay May Apply) |
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Filed: 11/8/1999, Entered: 11/8/1999 |
Order |
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ENDORSED ORDER: denying motion for entry of judgment [32-1], absent special circumstances, the preferred practice is to postpone entry of final judgment until all claims are disposed of. (Chief Judge J. G. Murtha) Cy to parties (pls)
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Filed: 11/3/1999, Entered: 11/3/1999 |
Order |
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ENDORSED ORDER: In light of the defts' objection, denying motion to Dismiss case without prejudice [30-1] ( Chief Judge J. G. Murtha ) Cy to parties (cab)
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34 |
Filed: 11/2/1999, Entered: 11/2/1999 |
Response to Motion |
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RESPONSE by defendant Vermont, State of, defendant Nancy Corsones, defendant Karen Predom, defendant Vermont State Police, defendant Unnamed VT State Police, defendant Rutland District Ct to [30-1] motion to Dismiss case without prejudice (wjf)
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33 |
Filed: 10/28/1999, Entered: 10/28/1999, Terminated: 8/24/2000 |
Notice of Appeal |
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NOTICE OF APPEAL by plaintiff Scott Huminski granting [31-1] order terminated parties City of Rutland, Gary Forrest, Bennington Cty SD, Robert Emerick, S. Schutt, R. J. Elrick, Rutland Cty Sheriff, granting [21-1] motion for relief from endorsed order granting motion to dismiss (P#10) and terminating party Rutland Police Dept., denying [21-2] motion for Reconsideration of endorsed order terminating party Rutland Police Dept.,denying [20-1] motion for limited discovery concerning Motion to Dismiss (P#7), denying [19-1] motion to Strike [7-1] motion to Dismiss all claims against dfts Rutland Cty Sheriff, Bennington Cty SD, Schutt, Elrick and Forrest, denying [15-1] motion requesting leave to Amend [1-1] complaint, granting absent objection [10-1] motion to Dismiss Complaint for failure to state a claim Fee Status: paid Cy to Judge J. Garvan Murtha , appellate clerk, , Court reporter(s): none (cab)
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32 |
Filed: 10/26/1999, Entered: 10/26/1999, Terminated: 11/8/1999 |
Motion for Judgment |
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MOTION by defendant Rutland Police Dept., defendant Robert Emerick, defendant Rutland, City of for entry of judgment (amn)
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30 |
Filed: 10/21/1999, Entered: 10/21/1999, Terminated: 11/3/1999 |
Motion to Dismiss |
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MOTION by plaintiff Scott Huminski to Dismiss case without prejudice (pls)
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31 |
Filed: 10/20/1999, Entered: 10/21/1999, Terminated: 10/28/1999 |
Order |
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ORDER granting [24-1] motion for Judgment on the Pleadings, granting [7-1] motion to Dismiss all claims against dfts Rutland Cty Sheriff, Bennington Cty SD, Elrick and Forrest, terminated parties City of Rutland, Gary Forrest, Bennington Cty SD, Robert Emerick, S. Schutt, R. J. Elrick, Rutland Cty Sheriff ( Chief Judge J. G. Murtha ) [EOD Date 10/21/99] Cy to parties (wjf) Modified on 10/22/1999
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Filed: 10/18/1999, Entered: 10/18/1999 |
Order |
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ENDORSED ORDER: denying [20-1] motion for limited discovery re: Motion to Dismiss (P#7). The referenced motion to dismiss is based on legal, not factual, arguments. Pltf may undertake any discovery authorized under the Federal or Local Rules of Civil Procedure. (Chief Judge J. G. Murtha) Cy to parties (pls)
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-- |
Filed: 10/18/1999, Entered: 10/18/1999 |
Order |
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ENDORSED ORDER: denying [19-1] motion to Strike [17-1] reply motion to opposition to [7-1] motion to Dismiss all claims against dfts Rutland County Sheriff, Bennington County Sheriff's Dept., S. Schutt, Robert Elrick and Gary Forrest (Chief Judge J. G. Murtha) Cy to parties (pls)
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-- |
Filed: 10/18/1999, Entered: 10/18/1999 |
Order |
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ENDORSED ORDER: denying [15-1] motion requesting leave to Amend [1-1] complaint. Pltf's proposed amendments simply add legal arguments which he may raise in substantive motions. (Chief Judge J. G. Murtha) Cy to parties (pls)
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-- |
Filed: 10/18/1999, Entered: 10/18/1999 |
Order |
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ENDORSED ORDER: granting [21-2] motion for reconsideration of endorsed order on P#10 terminating party Rutland Police Department. Denying [21-1] motion for relief from endorsed order granting P#10 - motion to dismiss party Rutland Police Dept. Affirming ruling on P#10 (Chief Judge J. G. Murtha) Cy to parties (pls)
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29 |
Filed: 10/13/1999, Entered: 10/13/1999 |
Memorandum in Support |
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SUPPLEMENTAL MEMORANDUM in opposition by plaintiff Scott Huminski re: [24-1] motion for Judgment on the Pleadings (wjf)
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28 |
Filed: 10/8/1999, Entered: 10/8/1999 |
Reply to Response to Motion |
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REPLY MEMORANDUM by defendant Robert Emerick, defendant Rutland, City of to response to [24-1] motion for Judgment on the Pleadings (amn)
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27 |
Filed: 9/28/1999, Entered: 9/28/1999 |
Affidavit |
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AFFIDAVIT of Scott Huminski by plaintiff Scott Huminski re: [26-1] objection to [24-1] motion for Judgment on the Pleadings (wjf) Modified on 09/30/1999
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26 |
Filed: 9/28/1999, Entered: 9/28/1999 |
Memorandum in Opposition |
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OBJECTION by plaintiff Scott Huminski to [24-1] motion for Judgment on the Pleadings (wjf)
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25 |
Filed: 9/20/1999, Entered: 9/20/1999 |
Memorandum in Support |
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MEMORANDUM OF LAW by defendant Robert Emerick, defendant Rutland, City of in support of [24-1] motion for Judgment on the Pleadings (amn)
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24 |
Filed: 9/20/1999, Entered: 9/20/1999, Terminated: 10/20/1999 |
Motion for Judgment on the Pleadings |
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MOTION by defendant Robert Emerick, defendant Rutland, City of for Judgment on the Pleadings (amn)
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23 |
Filed: 9/8/1999, Entered: 9/8/1999 |
Answer |
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ANSWER to [1-1] original complaint, complaint as requested to be amended by motion dated 08/12/99 and verified amended complaint dated 7/7/99 (not filed with the court) by defendant Vermont, State of, defendant Nancy Corsones, defendant Karen Predom, defendant Vermont State Police, defendant Unnamed VT State Police, defendant Rutland District Ct, defendant M. Patricia Zimmerman (Attorney Joseph Leon Winn) ; stipulated schedule due 10/8/99 (amn)
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22 |
Filed: 9/2/1999, Entered: 9/2/1999 |
Affidavit |
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AFFIDAVIT of Scott Huminski by plaintiff Scott Huminski re: dismissal response to [10-1] motion to Dismiss Complaint for failure to state a claim (amn)
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21 |
Filed: 9/2/1999, Entered: 9/2/1999, Terminated: 10/18/1999 |
Motion to Vacate |
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MOTION by plaintiff Scott Huminski for relief from [0-0] endorsed order granting motion to dismiss (P#10) and terminating party Rutland Police Dept. , and for Reconsideration of [0-0] endorsed order terminating party Rutland Police Dept. (amn)
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20 |
Filed: 9/1/1999, Entered: 9/1/1999, Terminated: 10/18/1999 |
Motion for Discovery |
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VERIFIED MOTION by plaintiff Scott Huminski for limited discovery concerning Motion to Dismiss (P#7) (pls)
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19 |
Filed: 8/31/1999, Entered: 8/31/1999, Terminated: 10/18/1999 |
Motion to Strike |
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MOTION by plaintiff Scott Huminski to Strike [17-1] reply motion to opposition to [7-1] motion to Dismiss all claims against dfts rutland Cty Sheriff, Bennington Cty SD, Schutt, Elrick and Forrest (amn)
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-- |
Filed: 8/31/1999, Entered: 8/31/1999, Terminated: 10/18/1999 |
Order |
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ENDORSED ORDER: granting absent objection [10-1] motion to Dismiss Complaint for failure to state a claim, terminated party Rutland Police Dept. ( Chief Judge J. G. Murtha ) Cy to parties (mek)
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18 |
Filed: 8/26/1999, Entered: 8/26/1999 |
Memorandum in Opposition |
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MEMORANDUM by defendant Rutland Cty Sheriff, defendant R. J. Elrick, defendant S. Schutt, defendant Bennington Cty SD, defendant Gary Forrest in opposition to [15-1] motion requesting leave to Amend [1-1] complaint (wjf)
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17 |
Filed: 8/23/1999, Entered: 8/23/1999 |
Reply to Response to Motion |
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REPLY MOTION by defendants Rutland Cty Sheriff, Bennington Cty SD, S. Schutt, R. J. Elrick, Gary Forrest to motion opposing [7-1] motion to Dismiss all claims against dfts rutland Cty Sheriff, Bennington Cty SD, Schutt, Elrick and Forrest (pjd) Modified on 08/24/1999
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16 |
Filed: 8/13/1999, Entered: 8/13/1999 |
Affidavit |
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AFFIDAVIT of Scott Huminski by plaintiff Scott Huminski re: [7-1] motion to Dismiss all claims against dfts rutland Cty Sheriff, Bennington Cty SD, Schutt, Elrick and Forrest (amn)
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15 |
Filed: 8/13/1999, Entered: 8/13/1999, Terminated: 10/18/1999 |
Motion to Amend/Correct |
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MOTION by plaintiff Scott Huminski requesting leave to Amend [1-1] complaint (amn)
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14 |
Filed: 8/10/1999, Entered: 8/10/1999 |
Affidavit |
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AFFIDAVIT of Scott Huminski by plaintiff Scott Huminski re: [13-1] opposition to [7-1] motion to Dismiss all claims against dfts rutland Cty Sheriff, Bennington Cty SD, Schutt, Elrick and Forrest (amn)
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13 |
Filed: 8/10/1999, Entered: 8/10/1999 |
Memorandum in Opposition |
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OPPOSITION by plaintiff Scott Huminski to [7-1] motion to Dismiss all claims against dfts rutland Cty Sheriff, Bennington Cty SD, Schutt, Elrick and Forrest (amn)
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-- |
Filed: 8/4/1999, Entered: 8/5/1999 |
Order |
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ENDORSED ORDER: granting in part, denying in part [11-1] motion for enlargement of time to 9/8/99 to file responsive pleading Answer due on 8/20/99 for Vermont, State of, Vermont State Police, Rutland District Ct, Nancy Corsones, M. Patricia Zimmerman, Karen Predom, Unnamed VT State Police (Chief Judge J. G. Murtha) Cy to parties (pls)
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12 |
Filed: 7/30/1999, Entered: 7/30/1999 |
Memorandum in Support |
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MEMORANDUM by defendant Vermont, State of, defendant Nancy Corsones, defendant Karen Predom, defendant Vermont State Police, defendant Unnamed VT State Police, defendant Rutland District Ct, defendant M. Patricia Zimmerman in support of [11-1] motion for enlargement of time to 9/8/99 to file responsive pleading (amn)
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11 |
Filed: 7/30/1999, Entered: 7/30/1999, Terminated: 8/4/1999 |
Motion to Extend Time |
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MOTION by defendant Vermont, State of, defendant Nancy Corsones, defendant Karen Predom, defendant Vermont State Police, defendant Unnamed VT State Police, defendant Rutland District Ct, defendant M. Patricia Zimmerman for enlargement of time to 9/8/99 to file responsive pleading (amn)
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10 |
Filed: 7/28/1999, Entered: 7/28/1999, Terminated: 8/31/1999 |
Motion to Dismiss |
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MOTION by defendant Rutland Police Dept. to Dismiss Complaint for failure to state a claim (wjf) Modified on 07/29/1999
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9 |
Filed: 7/28/1999, Entered: 7/28/1999 |
Answer |
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ANSWER to [1-1] complaint as amended by Verified Amendment to Complaint (P#6) by defendant Robert Emerick, defendant Rutland, City of (Attorney Nancy Goss Sheahan) ; stipulated discovery schedule due 8/27/99 (wjf)
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8 |
Filed: 7/28/1999, Entered: 7/28/1999 |
Answer |
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ANSWER to [1-1] complaint by defendant Rutland Police Dept., defendant Robert Emerick (Attorney Nancy Goss Sheahan) ; stipulated discovery schedule due 8/27/99 (wjf)
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7 |
Filed: 7/27/1999, Entered: 7/27/1999, Terminated: 10/20/1999 |
Motion to Dismiss |
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MOTION with memorandum in support by defendants Rutland Cty Sheriff, Bennington Cty SD, S. Schutt, R. J. Elrick, Gary Forrest to Dismiss all claims against dfts rutland Cty Sheriff, Bennington Cty SD, Schutt, Elrick and Forrest (mek) Modified on 07/29/1999
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-- |
Filed: 7/12/1999, Entered: 7/12/1999 |
Order |
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ENDORSED ORDER: denying motion for Reconsideration of [0-0] endorsed order denying the application for TRO [5-1] ( Chief Judge J. G. Murtha ) Cy to parties (amn)
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6 |
Filed: 7/7/1999, Entered: 7/7/1999 |
Amended Document |
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VERIFIED AMENDMENT by plaintiff Scott Huminski to [1-1] complaint adding parties. (amn)
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-- |
Filed: 7/7/1999, Entered: 7/7/1999 |
ISSUED Summons |
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SUMMONS(ES) ISSUED for defendant Rutland Cty Sheriff, defendant R. J. Elrick, defendant S. Schutt, defendant Bennington Cty SD, defendant Gary Forrest (amn)
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5 |
Filed: 7/2/1999, Entered: 7/2/1999, Terminated: 7/12/1999 |
Motion for Reconsideration |
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MOTION by plaintiff Scott Huminski for Reconsideration of [0-0] endorsed order denying the application for TRO (wjf)
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4 |
Filed: 6/24/1999, Entered: 6/24/1999 |
Notice of Appearance |
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NOTICE OF APPEARANCE for defendant Rutland Police Dept. by Nancy Goss Sheahan (wjf)
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-- |
Filed: 6/22/1999, Entered: 6/23/1999 |
Order |
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ENDORSED ORDER: denying motion for Temporary Restraining Order [2-1] (Chief Judge J. G. Murtha) Cy to parties (pls)
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3 |
Filed: 6/3/1999, Entered: 6/3/1999 |
Affidavit |
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AFFIDAVIT of Scott Huminski by plaintiff Scott Huminski re: [2-1] application for Temporary Restraining Order (wjf)
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2 |
Filed: 6/3/1999, Entered: 6/3/1999, Terminated: 6/22/1999 |
Motion for TRO |
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APPLICATION by plaintiff Scott Huminski for Temporary Restraining Order (wjf)
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-- |
Filed: 6/3/1999, Entered: 6/3/1999 |
File Transferred |
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File sent to Brattleboro (law)
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1 |
Filed: 6/1/1999, Entered: 6/1/1999 |
Complaint |
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VERIFIED COMPLAINT for Injunctive and Other Relief; jury demand; filing fee $ 150.00 receipt # 3006 (waiver(s) Issued) (wjf)
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-- |
Filed: 6/1/1999, Entered: 6/1/1999 |
File Transferred |
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File sent to Burlington to Pro Se Law Clerk (wjf)
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