Baechle v. Mendon, Town of

Federal Civil Lawsuit Vermont District Court, Case No. 1:05-cv-00204-jgm
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Summary

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Parties
No Logo Mark Baechle, Plaintiff

Represented by Kenlan, Schwiebert, Facey & Goss, PC

Name Phone Fax E-Mail
Space Shannon A. Bertrand +1 802 773 3300 bertrand@kenlanlaw.com
No Logo CHARLES JOHNSON, Counter-Claimant

Represented by Cleary Shahi & Aicher, PC

Name Phone Fax E-Mail
Space Joel P. Iannuzzi +1 802 775 8800 +1 802 775 8809 jpi@clearyshahi.com
v.
No Logo CHARLES JOHNSON, Defendant

Represented by Cleary Shahi & Aicher, PC

Name Phone Fax E-Mail
Space Joel P. Iannuzzi +1 802 775 8800 +1 802 775 8809 jpi@clearyshahi.com
No Logo Mendon, Town of, Defendant

Represented by Woodward & Kelley, PLLC

Name Phone Fax E-Mail
Space Marikate E. Kelley +1 802 652 9955 kelley@wklawvt.com
Space Philip C. Woodward +1 802 652 9699 woodward@wklawvt.com
No Logo Mark Baechle, Counter-Defendant

Represented by Kenlan, Schwiebert, Facey & Goss, PC

Name Phone Fax E-Mail
Space Shannon A. Bertrand +1 802 773 3300 bertrand@kenlanlaw.com
No Logo Mendon, Town of, Cross-Defendant

Represented by Woodward & Kelley, PLLC

Name Phone Fax E-Mail
Space Marikate E. Kelley +1 802 652 9955 kelley@wklawvt.com
Space Philip C. Woodward +1 802 652 9699 woodward@wklawvt.com
Other Parties
Attributes
Office Brattleboro
Filed 7/20/2005
Jury Demand Plaintiff
Demand
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1983 Civil Rights Act
Jurisdiction Federal Question
Disposition Dismissed - Settled
County XX US, Outside State
Terminated 9/25/2007
Origin 3
Reopened 3/13/2007
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, ENE3, ENEF
Timeline
  Entries (45) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Order with OCR 41 Filed: 10/18/2007, Entered: 10/18/2007 OrderCourt Filing
STIPULATION AND ORDER of dismissal with prejudice. Signed by Judge J. Garvan Murtha on 10/17/2007. (kak)
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Blank -- Filed: 10/15/2007, Entered: 10/15/2007 Stipulation of Dismissal
RECEIVED Stipulation of Dismissal with Prejudice by Mark Baechle, Town of Mendon, Charles Johnson. (law)
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Order Dismissing Case with OCR 40 Filed: 9/25/2007, Entered: 9/25/2007 Order Dismissing CaseCourt Filing
ORDER of Dismissal. This action is hereby dismissed without costs, with the right to petition, upon good cause shown within 60 days, to reopen the action if settlement is not consummated. Signed by Judge J. Garvan Murtha on 9/25/2007. (kak)
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Report of ENE with OCR 39 Filed: 9/24/2007, Entered: 9/24/2007 Report of ENE
REPORT of Early Neutral Evaluation: full settlement.(law)
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Stipulated Discovery Schedule/Order with OCR 38 Filed: 8/15/2007, Entered: 8/15/2007 Stipulated Discovery Schedule/OrderCourt Filing
AMENDED STIPULATED DISCOVERY SCHEDULE/ORDER: Discovery due by 1/1/2008. Motions due by 10/31/2007. Early Neutral Evaluation set for 9/19/2007 at 10:00 AM. Ready for Trial by 1/2/2008. Signed by Judge J. Garvan Murtha on 8/15/2007. (kak)
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Blank -- Filed: 7/23/2007, Entered: 7/24/2007 Stipulated Discovery Schedule/Order (proposed)
RECEIVED (proposed) Amended Stipulated Discovery Schedule and Order by Mark Baechle, Town of Mendon, Charles Johnson.(law)
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Blank 37 Filed: 7/16/2007, Entered: 7/16/2007 Order on Motion to Amend/CorrectCourt Filing
ORDER denying [36] Motion to Amend/Correct Stipulated Discovery Schedule/Order. The Court fails to see why an additional six months is necessary for the submission of summary judgment motions. The parties shall submit an Amended Discovery Schedule/Order by 07/30/07 which provides for a motions date of 10/31/07 and a trial date of 01/02/08. Signed by Judge J. Garvan Murtha on 07/16/07. (This is a text only Order.) (jse)
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Motion to Amend/Correct with OCR 36 Filed: 7/13/2007, Entered: 7/13/2007, Terminated: 7/16/2007 Motion to Amend/Correct
STIPULATED MOTION to Amend [32] Stipulated Discovery Schedule/Order by Mark Baechle, Town of Mendon, VT, Charles Johnson. (Attachments: # (1) Text of Proposed Amended Stipulated Discovery Schedule/Order)(wjf)
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Discovery Certificate - Answer to Interrogatories with OCR 35 Filed: 5/24/2007, Entered: 5/24/2007 Discovery Certificate - Answer to Interrogatories
DISCOVERY CERTIFICATE - Responses to Interrogatories and Request to Produce by Town of Mendon.(wjf)
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Discovery Certificate - Notice of Deposition with OCR 34 Filed: 5/22/2007, Entered: 5/22/2007 Discovery Certificate - Notice of Deposition
DISCOVERY CERTIFICATE - Revised Notices of Deposition of Sara Hebert and Christopher Corsones, Esq. by Mark Baechle.(wjf)
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Discovery Certificate - Notice of Deposition with OCR 33 Filed: 5/16/2007, Entered: 5/16/2007 Discovery Certificate - Notice of Deposition
DISCOVERY CERTIFICATE - Notice of Deposition of Sara Hebert by Mark Baechle.(wjf)
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Stipulated Discovery Schedule/Order with OCR 32 Filed: 5/14/2007, Entered: 5/14/2007 Stipulated Discovery Schedule/OrderCourt Filing
STIPULATED DISCOVERY SCHEDULE/ORDER: Discovery due by 7/30/2007. Motions due by 7/30/2007. Early Neutral Evaluation set for 7/12/2007 at 10:00 AM. Ready for Trial by 9/30/2007. Signed by Judge J. Garvan Murtha on 5/11/2007. (wjf)
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Discovery Certificate - Initial Disclosures with OCR 31 Filed: 5/14/2007, Entered: 5/14/2007 Discovery Certificate - Initial Disclosures
DISCOVERY CERTIFICATE - Initial Disclosures by Charles Johnson.(wjf)
LREF
ENE Evaluator Assigned with OCR 30 Filed: 5/7/2007, Entered: 5/7/2007 ENE Evaluator Assigned
ENE Evaluator Joan L. Wing assigned (replaces James Dumont). (Attachments: # (1) proposed Stipulated Discovery Schedule/Order)(law)
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Blank -- Filed: 5/3/2007, Entered: 5/4/2007 Stipulated Discovery Schedule/Order (proposed)
RECEIVED: Proposed Stipulated Discovery Schedule/Order.(wjf)
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Discovery Certificate - Notice of Deposition with OCR 29 Filed: 4/27/2007, Entered: 4/27/2007 Discovery Certificate - Notice of Deposition
DISCOVERY CERTIFICATE - Notices of Deposition of Ann Singiser, Nancy Merrill and Christopher T. Corsones, Esq. by Mark Baechle.(wjf)
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Order with OCR 28 Filed: 4/20/2007, Entered: 4/20/2007 OrderCourt Filing
ORDER: On or before 5/4/2007 the parties shall jointly prepare and file a discovery schedule in accordance with Local Rule 26.1(b). Failure to do so shall constitute a waiver of the need for discovery and the case shall be placed on the trial calendar. Signed by Judge J. Garvan Murtha on 4/20/2007. (kak)
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Blank -- Filed: 4/20/2007, Entered: 4/20/2007 Set Deadlines/Hearings:
Set Deadlines Joint Proposed Discovery due by 5/4/2007. (kak)
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USCA Mandate with OCR 27 Filed: 3/13/2007, Entered: 3/13/2007 USCA Mandate
MANDATE of USCA Circuit No. 06-0093-CV issued 11/02/2006 as to [16] Notice of Appeal. For the foregoing reasons, we conclude that the TIA does not deprive the district court of jurisdiction to determine the constitutionality of the notice provided to the various taxpayers in this appeal. The judgment is hereby vacated and remanded for further proceedings consistent with this opinion. (Attachments: # (1) Opinion)(gmg)
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Discovery Certificate - Interrogatories and Reques with OCR 26 Filed: 2/21/2007, Entered: 2/21/2007 Discovery Certificate - Interrogatories and Reques
DISCOVERY CERTIFICATE - First Set of Interrogatories and Requests to Produce to Defendant Town of Mendon by Mark Baechle.(kak)
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Discovery Certificate - Interrogatories and Reques with OCR 25 Filed: 2/21/2007, Entered: 2/21/2007 Discovery Certificate - Interrogatories and Reques
DISCOVERY CERTIFICATE - First Set of Interrogatories and Requests to Produce to Defendant Charles Johnson by Mark Baechle.(kak)
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Discovery Certificate - Answer to Interrogatories with OCR 24 Filed: 1/29/2007, Entered: 1/29/2007 Discovery Certificate - Answer to Interrogatories
DISCOVERY CERTIFICATE - Responses to First Set of Interrogatories and Requests to Produce by Mark Baechle.(wjf)
LREF
Discovery Certificate - Initial Disclosures with OCR 23 Filed: 12/7/2006, Entered: 12/7/2006 Discovery Certificate - Initial Disclosures
DISCOVERY CERTIFICATE - Supplemental Disclosures and First Set of Interrogatories and Requests to Produce by Mendon, Town of.(wjf)
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Discovery Certificate - Initial Disclosures with OCR 22 Filed: 11/21/2006, Entered: 11/21/2006 Discovery Certificate - Initial Disclosures
DISCOVERY CERTIFICATE - Initial Disclosures by Town of Mendon.(kak)
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Discovery Certificate - Initial Disclosures with OCR 21 Filed: 11/13/2006, Entered: 11/13/2006 Discovery Certificate - Initial Disclosures
DISCOVERY CERTIFICATE - Initial Disclosures by Mark Baechle.(wjf)
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Answer with OCR 20 Filed: 10/18/2006, Entered: 10/18/2006 Answer
ANSWER to Complaint by Town of Mendon(kak)
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Appeal Record Sent to USCA with OCR 19 Filed: 3/6/2006, Entered: 3/6/2006, Terminated: 3/13/2007 Appeal Record Sent to USCA
Appeal Record Sent to USCA (Electronic File). Indexed record on Appeal Files for [16] Notice of Appeal, were transmitted to the U.S. Court of Appeals. (gmg, )
LREF
Certificate Of Service. with OCR 18 Filed: 1/10/2006, Entered: 1/11/2006 Certificate Of Service.
CERTIFICATE OF SERVICE by Mark Baechle re [16] Notice of Appeal. (wjf, )
LREF
USCA Appeal Fees with OCR 17 Filed: 1/9/2006, Entered: 1/9/2006, Terminated: 3/13/2007 USCA Appeal Fees
USCA Appeal Fees received $255, receipt number 3587 re [16] Notice of Appeal. (cwb)
LREF
Notice of Appeal with OCR 16 Filed: 1/9/2006, Entered: 1/9/2006, Terminated: 3/13/2007 Notice of Appeal
NOTICE OF APPEAL as to [15] Judgment, and [14] Order on Motion to Dismiss/Lack of Jurisdiction. Filing fee $255, receipt number 3587.Court Reporter: None.(cwb)
LREF
Judgment* with OCR 15 Filed: 12/8/2005, Entered: 12/8/2005 Judgment*
JUDGMENT in favor of Defendants against Plaintiff. Deft's Motion to Dismiss Complaint is GRANTED, complaint DISMISSED without prejudice. Signed by Clerk on 12/8/2005. Cy to counsel. (Attachments: # (1) Notice to Litigants - Appeal to be filed by 1/9/2006)(wjf) Modified on 12/9/2005 (jse) ***VACATED 3/13/2007 pursuant to [27]. Main image replaced 3/13/2007. (jmm).
LREF
Order on Motion to Dismiss/Lack of Jurisdiction with OCR 14 Filed: 12/8/2005, Entered: 12/8/2005 Order on Motion to Dismiss/Lack of JurisdictionCourt Filing
ORDER granting [6] Motion to Dismiss for Lack of Jurisdiction, the case is Dismissed without prejudice. Deft Johnson's Cross-claim and Counterclaim are Dismissed as Moot. Cy to counsel. Signed by Judge J. Garvan Murtha on 12/8/2005. (wjf, )
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ENE Evaluator Assigned with OCR 13 Filed: 12/5/2005, Entered: 12/5/2005 ENE Evaluator Assigned
ENE Evaluator James Allan Dumont assigned.(law)
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Notice of Attorney Substitution with OCR 12 Filed: 11/29/2005, Entered: 11/29/2005 Notice of Attorney Substitution
NOTICE TO SUBSTITUTE ATTORNEY Shannon Aldridge Bertrand for L. Maxwell Taylor for Pltf Baechle. (wjf, )
LREF
Letter with OCR 11 Filed: 11/17/2005, Entered: 11/17/2005 Letter
LETTER to counsel re: ENE; expect response by 12/1/2005 or assign evaluator. (law)
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Reply to Response to Motion with OCR 10 Filed: 10/14/2005, Entered: 10/14/2005 Reply to Response to Motion
REPLY to Plaintiff's Opposition to Motion for Summary Judgment re [6] MOTION to Dismiss for Lack of Jurisdiction filed by Town of Mendon. (Attachments: (1) Exhibit A (2) Exhibit B)(kak, )
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Response in Opposition to Motion with OCR 9 Filed: 9/22/2005, Entered: 9/22/2005 Response in Opposition to Motion
RESPONSE in Opposition re [6] MOTION to Dismiss for Lack of Jurisdiction filed by Mark Baechle. (wjf, )
LREF
ENE Potential Evaluators Letter Sent with OCR 8 Filed: 9/16/2005, Entered: 9/16/2005 ENE Potential Evaluators Letter Sent
ENE LETTER re: Potential Evaluators sent; responses due by 9/30/2005. (law)
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Response with OCR 7 Filed: 9/16/2005, Entered: 9/16/2005 Response
LETTER re Attachment (Ruling and Order, 1:02-cv-185) to [6] MOTION to Dismiss for Lack of Jurisdiction by Town of Mendon. (wjf, )
LREF
Motion to Dismiss Case for Lack of Jurisdiction with OCR 6 Filed: 9/14/2005, Entered: 9/14/2005, Terminated: 12/8/2005 Motion to Dismiss Case for Lack of Jurisdiction
MOTION to Dismiss for Lack of Jurisdiction and Failure to State Claim by Phillip Woodward, Esq and Marikate Kelley, Esq for Town of Mendon. Responses due by 10/14/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (kak, )
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Answer to Counterclaim with OCR 5 Filed: 8/17/2005, Entered: 8/17/2005 Answer to Counterclaim
ANSWER to Counterclaim by Mark Baechle.(wjf, )
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Waiver of Service Executed with OCR 4 Filed: 8/17/2005, Entered: 8/17/2005 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed by Mark Baechle. Mendon, Town of waiver sent on 7/25/2005, answer due 9/23/2005. (wjf, )
LREF
Answer with OCR 3 Filed: 8/12/2005, Entered: 8/15/2005 Answer
ANSWER to Complaint and CROSSCLAIM against Mendon, Town of and COUNTERCLAIM against Mark Baechle filed by Charles Johnson. (wjf, )
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Summons (re: complaint) Returned Executed with OCR 2 Filed: 8/5/2005, Entered: 8/5/2005 Summons (re: complaint) Returned Executed
RETURN OF SERVICE Executed. Charles Johnson served on 7/29/2005, answer due 8/18/2005. (kak, )
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Complaint with OCR 1 Filed: 7/20/2005, Entered: 7/20/2005 Complaint
COMPLAINT against Mendon, Town of, Charles Johnson filed by Mark Baechle. (Filing fee $250,) Summons issued. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Civil Cover Sheet)(wjf, )
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