Case: West v. Gobeille

2:19-cv-00081 | U.S. District Court for the District of Vermont

Filed Date: May 21, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 21, 2019, incarcerated individuals in Vermont with chronic hepatitis C (HCV) filed a class action lawsuit in the U.S. District Court for the District of Vermont, and Judge William K. Sessions III presided. The plaintiffs alleged that the Vermont Department of Corrections, its leadership, and its medical contractors violated the Americans with Disabilities Act (ADA) and the Eighth and Fourteenth Amendments to the U.S. Constitution by withholding treatment from incarcerated individuals wit…

On May 21, 2019, incarcerated individuals in Vermont with chronic hepatitis C (HCV) filed a class action lawsuit in the U.S. District Court for the District of Vermont, and Judge William K. Sessions III presided. The plaintiffs alleged that the Vermont Department of Corrections, its leadership, and its medical contractors violated the Americans with Disabilities Act (ADA) and the Eighth and Fourteenth Amendments to the U.S. Constitution by withholding treatment from incarcerated individuals with chronic hepatitis C. The plaintiffs, represented by the ACLU of Vermont, the Harvard Law School Center for Health Law and Policy Innovation, and a private firm, sought declaratory and injunctive relief. On the same day that they filed suit, the plaintiffs filed a motion to certify a class of incarcerated individuals with HCV. The defendants then moved to dismiss the case for lack of jurisdiction on July 22, 2019, but the court denied this motion in a March 30, 2021.

The March 30, 2021, order simultaneously certified a class of incarcerated individuals with HCV as follows:

All Persons:

  1. who are in DOC custody;
  2. who have been incarcerated for at least 14 days or have completed their initial healthcare screening, whichever occurs first;
  3. who have been diagnosed with chronic HCV and are candidates for DAA treatment under the current standard of care; and
  4. for whom DAA treatment has been or will be denied or withheld based on considerations that deviate from the medical standard of care.

Considerations for the fourth item could include the amount of time left before release from DOC custody, a disciplinary record, a history of substance abuse or mental health issues, the acquisition of tattoos while incarcerated, and disease severity.

The defendants appealed the class certification, and the parties jointly moved on April 10, 2020, to stay this appeal. On May 22, 2020, Judge Sessions denied the motion for a stay, and on July 21, 2020, the immediate appeal of the class certification was found to be unwarranted by the Second Circuit Court of Appeals. The appeals court reasoned that the class certification did not raise a legal question requiring an immediate resolution, nor would the certification effectively terminate the litigation.  

One of the prison's medical contractors filed an unopposed motion to dismiss the claims against it on July 1, 2020, for lack of jurisdiction, which the court granted on August, 24, 2020. The plaintiffs then filed an amended class action complaint on November 10, 2020, which restated the allegations pertaining to the Eighth and Fourteenth Amendments, but no longer alleged violations of the Americans with Disabilities Act.

Following months of discovery and settlement talks, the parties filed a joint motion for approval of the class and preliminary approval of the class action settlement on July 15, 2021. The settlement agreement was approved on October 26, 2021, and the court retained jurisdiction over any future issues until January 1, 2023. In the settlement, the Vermont Department of Corrections and its medical contractors agreed to refrain from categorically limiting access to treatment based on disease severity, disciplinary record, or substance use. The settlement also determined that each party would bear its own attorneys' fees, but the defendants agreed to a reimburse the plaintiffs for documented costs up to $3,000 in recognition of the cost saved by avoiding litigation.

Summary Authors

Betsy Sheppard (2/3/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/15657828/parties/west-v-gobeille/


Judge(s)

Sessions, William K. III (Vermont)

Attorneys(s) for Plaintiff

Costello, Kevin (Massachusetts)

Diaz, James M (Vermont)

Ernst, Lia (Vermont)

Valente, James A (Vermont)

Attorneys(s) for Defendant

Bentley, Michael J. (Mississippi)

Bianchi, Jared C (Vermont)

Donovan, Thomas J. Jr. (Vermont)

Eaton, Pamela L.P. (Vermont)

LaRose, Robert M (Vermont)

Judge(s)

Sessions, William K. III (Vermont)

Attorneys(s) for Plaintiff

Costello, Kevin (Massachusetts)

Diaz, James M (Vermont)

Ernst, Lia (Vermont)

Valente, James A (Vermont)

Attorneys(s) for Defendant

Bentley, Michael J. (Mississippi)

Bianchi, Jared C (Vermont)

Donovan, Thomas J. Jr. (Vermont)

Eaton, Pamela L.P. (Vermont)

LaRose, Robert M (Vermont)

Menzel, Robert C Jr. (Vermont)

Soule, Stephen J (Vermont)

Walker, Molly Mitchell (Mississippi)

Documents in the Clearinghouse

Document

2:19-cv-00081

Docket [PACER]

Aug. 24, 2021

Aug. 24, 2021

Docket
1

2:19-cv-00081

Complaint-Class Action

May 21, 2019

May 21, 2019

Complaint
56

2:19-cv-00081

Opinion and Order

450 F.Supp.3d 497

March 30, 2020

March 30, 2020

Order/Opinion
70

2:19-cv-00081

Opinion and Order

West v. Smith

May 22, 2020

May 22, 2020

Order/Opinion
96

2:19-cv-00081

Amended Class Action Complaint

Nov. 10, 2020

Nov. 10, 2020

Complaint
114-3

2:19-cv-00081

Declaration of Kevin Costello

June 11, 2021

June 11, 2021

Settlement Agreement
134

2:19-cv-00081

Final Approval Order

West v. Smith

Oct. 28, 2021

Oct. 28, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15657828/west-v-gobeille/

Last updated Aug. 15, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT against Centurion of Vermont, LLC, Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts filed by Richard West, Joseph Bruyette.Summonses issued. (Attachments: # 1 Declaration of James Diaz, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Civil Cover Sheet)(law) (Entered: 05/22/2019)

1 Declaration of James Diaz

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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18 Exhibit 17

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19 Exhibit 18

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20 Exhibit 19

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21 Exhibit 20

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22 Exhibit 21

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23 Exhibit 22

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24 Exhibit 23

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25 Exhibit 24

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26 Exhibit 25

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27 Exhibit 26

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28 Civil Cover Sheet

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May 21, 2019

May 21, 2019

Clearinghouse
2

MOTION to Certify Class filed by Joseph Bruyette, Richard West. (Attachments: # 1 Declaration of James Valente, # 2 Declaration of Richard West, # 3 Declaration of Joseph Bruyette, # 4 Declaration of Kevin Costello, # 5 Declaration of James Diaz, # 6 Declaration of Lia Ernst, # 7 Declaration of Dr. Stacey Trooskin, MD, PhD, MPH, # 8 Exhibit 1, # 9 Exhibit 2, # 10 Exhibit 3, # 11 Exhibit 4, # 12 Exhibit 5, # 13 Exhibit 6, # 14 Exhibit 7, # 15 Exhibit 8, # 16 Exhibit 9, # 17 Exhibit 10)(law) (Entered: 05/22/2019)

1 Declaration of James Valente

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2 Declaration of Richard West

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3 Declaration of Joseph Bruyette

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4 Declaration of Kevin Costello

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5 Declaration of James Diaz

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6 Declaration of Lia Ernst

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7 Declaration of Dr. Stacey Trooskin, MD, PhD, MPH

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8 Exhibit 1

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9 Exhibit 2

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10 Exhibit 3

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11 Exhibit 4

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12 Exhibit 5

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13 Exhibit 6

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14 Exhibit 7

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15 Exhibit 8

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16 Exhibit 9

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17 Exhibit 10

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May 21, 2019

May 21, 2019

PACER
3

NOTICE OF APPEARANCE by Jared C. Bianchi, Esq on behalf of Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts.(Bianchi, Jared) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
4

NOTICE OF APPEARANCE by Robert M. LaRose, Esq on behalf of Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts.(LaRose, Robert) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
5

SUMMONS RETURNED Executed. Al Gobeille served on 5/28/2019, answer due 6/18/2019. (Diaz, James) Text clarified on 5/31/2019 (law). (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
6

SUMMONS RETURNED Executed. Martha Maksym served on 5/28/2019, answer due 6/18/2019. (Diaz, James) Text clarified on 5/31/2019 (law). (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
7

SUMMONS RETURNED Executed. Michael Touchette served on 5/28/2019, answer due 6/18/2019. (Diaz, James) Text clarified on 5/31/2019 (law). (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
8

SUMMONS RETURNED Executed. Benjamin Watts served on 5/28/2019, answer due 6/18/2019. (Diaz, James) Text clarified on 5/31/2019 (law). (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
9

CERTIFICATE OF SERVICE by Joseph Bruyette, Richard West re: Declaration of James Diaz and attached exhibits to 1 Complaint upon Office of the Vermont Attorney General.(Diaz, James) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
10

CERTIFICATE OF SERVICE by Joseph Bruyette, Richard West re: Declaration of James Diaz and attached exhibits to 1 Complaint upon Centurion of Vermont, LLC.(Diaz, James) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
11

CERTIFICATE OF SERVICE by Joseph Bruyette, Richard West re 2 MOTION to Certify Class upon Office of the Vermont Attorney General.(Diaz, James) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
12

CERTIFICATE OF SERVICE by Joseph Bruyette, Richard West re 2 MOTION to Certify Class upon Centurion of Vermont, LLC.(Diaz, James) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
13

SUMMONS RETURNED Executed. Centurion of Vermont, LLC served on 5/30/2019, answer due 6/20/2019. (Diaz, James) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
14

MOTION for Extension of Time to File Answer filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts.(Bianchi, Jared) (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
15

RESPONSE in Opposition re 14 MOTION for Extension of Time to File Answer filed by Joseph Bruyette, Richard West. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Valente, James) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER
16

REPLY to Response to 14 MOTION for Extension of Time to File Answer filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts. (Attachments: # 1 Certificate of Service)(Bianchi, Jared) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
17

MOTION for Appearance Pro Hac Vice of Kevin Costello filed by Joseph Bruyette, Richard West. (Attachments: # 1 Affidavit of Kevin Costello, # 2 Certificate of Good Standing), # 3 Certificates of Service) (law). (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
18

ORDER granting 17 Motion for Admission Pro Hac Vice of Kevin Costello. Signed by Judge William K. Sessions III on 6/17/2019. (This is a text-only Order.) (eae) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER

Order on Motion for Admission Pro Hac Vice

June 17, 2019

June 17, 2019

PACER

Order on Motion for Extension of Time to Answer

June 17, 2019

June 17, 2019

PACER
19

NOTICE OF APPEARANCE by Stephen J. Soule, Esq on behalf of Centurion of Vermont, LLC.(Soule, Stephen) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
20

NOTICE OF APPEARANCE by Pamela L.P. Eaton, Esq on behalf of Centurion of Vermont, LLC.(Eaton, Pamela) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
21

MOTION for Extension of Time to File Answer re 1 Complaint filed by Centurion of Vermont, LLC.(Eaton, Pamela) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
22

ORDER granting 14 Motion for Extension of Time; 21 Motion for Extension of Time. Signed by Judge William K. Sessions III on 6/17/2019. (This is a text-only Order.) (eae) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
23

CERTIFICATE OF SERVICE re: 24 & 25 Motions for Appearance Pro Hac Vice of Molly M. Walker by Centurion of Vermont, LLC.(Eaton, Pamela) Text clarified on 6/20/2019 (law). (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

PACER
24

MOTION for Appearance Pro Hac Vice of Michael J. Bentley filed by Centurion of Vermont, LLC. (Attachments: # 1 Affidavit of Michael J. Bentley, # 2 Certificate of Good Standing, # 3 Exhibit A)(jlh) (Entered: 06/27/2019)

June 20, 2019

June 20, 2019

PACER
25

MOTION for Appearance Pro Hac Vice of Molly M. Walker filed by Centurion of Vermont, LLC. (Attachments: # 1 Affidavit of Molly M. Walker, # 2 Certificate of Good Standing, # 3 Exhibit A)(jlh) (Entered: 06/27/2019)

June 20, 2019

June 20, 2019

PACER
26

ORDER granting 24 Motion for Admission of Michael J. Bentley Pro Hac Vice; granting 25 Motion for Admission of Molly M. Walker Pro Hac Vice. Signed by Judge William K. Sessions III on 6/27/2019. (This is a text-only Order.) (eae) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER

Order on Motion for Admission Pro Hac Vice

June 27, 2019

June 27, 2019

PACER
27

UNOPPOSED MOTION to Stay Deadline for Submission of Discovery Schedule filed by Joseph Bruyette, Richard West.(Diaz, James) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
28

ORDER granting 27 Unopposed Motion to Stay Deadline for Submission of Discovery Schedule. Signed by Judge William K. Sessions III on 7/10/2019. (This is a text-only Order.) (eae) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER

Order on Motion to Stay

July 10, 2019

July 10, 2019

PACER
29

UNOPPOSED MOTION for Extension of Time to File Discovery Schedule filed by Joseph Bruyette, Richard West.(Costello, Kevin) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
30

ORDER granting 29 Unopposed Motion to Extend Deadline for Submission of a Discovery Schedule. Signed by Judge William K. Sessions III on 7/18/2019. (This is a text-only Order.) (eae) (Entered: 07/18/2019)

July 18, 2019

July 18, 2019

PACER

Order on Motion for Extension of Time to File

July 18, 2019

July 18, 2019

PACER
31

RESPONSE in Opposition re 2 MOTION to Certify Class filed by Centurion of Vermont, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D (filed under seal), # 6 Declaration of E (filed under seal))(Eaton, Pamela) (Attachment 4 replaced on 7/22/2019) (law). (Additional attachment(s) added on 7/22/2019: # 7 Exhibit 1, # 8 Exhibit 2) (law). (Attachment 6 replaced on 7/26/2019) (jlh). (Attachment 5 replaced on 7/26/2019) (jlh). (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
32

STIPULATED MOTION for Leave to Exceed Page Limit re 31 Response in Opposition to 2 MOTION to Certify Class filed by Centurion of Vermont, LLC.(Eaton, Pamela) Link added on 7/22/2019 (law). (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
33

MOTION to File Under Seal Exhibits D and E to 31 Response in Opposition to Motion filed by Centurion of Vermont, LLC.(Eaton, Pamela) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
34

MOTION to Dismiss Case for Lack of Jurisdiction filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts, Centurion of Vermont, LLC. (Attachments: # 1 Affidavit of Cullen Bullard, # 2 Affidavit of Al Gobeille, # 3 Declaration of Steven Fisher, # 4 Exhibit A, # 5 Certificate of Service)(Bianchi, Jared) (Attachment 3 replaced, Additional attachment(s) added on 7/22/2019: # 6 Exhibit 1, # 7 Exhibit 2) (law). Filer added on 7/31/2019 (law). (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
35

MOTION to Stay Discovery filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts. (Attachments: # 1 Certificate of Service)(Bianchi, Jared) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
36

MOTION to Strike Certain Material from 1 Class Action Complaint filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts. (Attachments: # 1 Certificate of Service)(Bianchi, Jared) Link added on 7/22/2019 (law). (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
37

NOTICE OF DOCKET ENTRY CORRECTION re: 31 Response in Opposition to Motion filed by Centurion of Vermont, LLC. Exhibit C was combined with its exhibits into one document. They have been broken apart and are now separately attached to Document 31 and this entry. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (law) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
38

NOTICE OF DOCKET ENTRY CORRECTION re: 34 MOTION to Dismiss Case for Lack of Jurisdiction filed by Al Gobeille, Martha Maksym, Benjamin Watts, Michael Touchette. The Declaration of Steven Fisher was combined with its exhibits into one document. They have been broken apart and are now separately attached to Document 34 and this entry. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (law) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
39

RESPONSE in Opposition re 35 MOTION to Stay Discovery filed by Joseph Bruyette, Richard West. (Attachments: # 1 Declaration of James Diaz, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14 # 16 Exhibit 15)(Diaz, James) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER

Notice of Docket Entry Correction (ECF Admin Only)

July 26, 2019

July 26, 2019

PACER
40

CONSENTED-TO MOTION for Extension of Time to File Response/Reply re: 2 MOTION to Certify Class, 36 MOTION to Strike Certain Material from 1 Class Action Complaint filed by Joseph Bruyette, Richard West.(Diaz, James) Event/text clarified, links added on 7/26/2019 (law). (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
41

NOTICE OF DOCKET ENTRY UPDATE re: 31 Response in Opposition to 2 MOTION to Certify Class filed by Richard West, Joseph Bruyette. Exhibits D and E having been received are now attached to 31 under seal. (jlh) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
42

ORDER granting 40 CONSENTED-TO MOTION for Extension of Time to File Response/Reply re: 2 MOTION to Certify Class, 36 MOTION to Strike Certain Material from 1 Class Action Complaint. Signed by Judge William K. Sessions III on 7/30/2019. (This is a text-only Order.) (eae) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER

Order on Motion for Extension of Time to File Response/Reply

July 30, 2019

July 30, 2019

PACER
43

REPLY to Response to 35 MOTION to Stay Discovery filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts. (Attachments: # 1 Certificate of Service)(Bianchi, Jared) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
44

ORDER granting as unopposed 32 Stipulated Motion to Exceed Page Limit re 31 Response in Opposition to 2 Motion to Certify Class ; granting 33 Motion to Seal Exhibits D and E to 31 Response in Opposition to Motion. Signed by Judge William K. Sessions III on 8/12/2019. (This is a text-only Order.) (eae) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER

Order on Motion to Seal (NEF is sent - Order is not sealed)

Aug. 12, 2019

Aug. 12, 2019

PACER

Order on Motion to Exceed Page Limit

Aug. 12, 2019

Aug. 12, 2019

PACER
45

RESPONSE in Opposition re 34 MOTION to Dismiss Case for Lack of Jurisdiction filed by Joseph Bruyette, Richard West. (Costello, Kevin) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
46

AFFIDAVIT in Opposition of Richard West re 34 MOTION to Dismiss Case for Lack of Jurisdiction filed by Joseph Bruyette, Richard West. (Costello, Kevin) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
47

DECLARATION of Kevin Costello re 2 MOTION to Certify Class filed by Joseph Bruyette, Richard West. (Attachments: # 1 Exhibit 1 (filed under seal, # 2 Exhibit 2 (filed under seal), # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Costello, Kevin) (Attachments 1 and 2 replaced on 8/23/2019) (jlh). (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
48

REPLY to Response to 2 MOTION to Certify Class filed by Joseph Bruyette, Richard West. (Costello, Kevin) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
49

RESPONSE in Opposition re 36 MOTION to Strike Certain Material from 1 Class Action Complaint filed by Joseph Bruyette, Richard West. (Costello, Kevin) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
50

MOTION to File Under Seal 47 Affidavit in Support of Motion, Exhibits 1 & 2 filed by Joseph Bruyette, Richard West.(Costello, Kevin) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER
51

NOTICE OF DOCKET ENTRY CORRECTION re: 47 Declaration of Kevin Costello in Support of 2 MOTION to Certify Class filed by Richard West, Joseph Bruyette. Exhibits 1 and 2 having been received have been attached to the docket under seal. (jlh) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

PACER

Notice of Docket Entry Correction (ECF Admin Only)

Aug. 23, 2019

Aug. 23, 2019

PACER
52

REPLY to Response to 34 MOTION to Dismiss Case for Lack of Jurisdiction filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Certificate of Service)(Bianchi, Jared) (Entered: 09/04/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER
53

REPLY to Response to 36 MOTION to Strike Certain Material from 1 Class Action Complaint filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts. (Attachments: # 1 Certificate of Service)(Bianchi, Jared) (Entered: 09/04/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER
54

MOTION to Dismiss Ben Watts as Defendant filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts. (Attachments: # 1 Affidavit of Valerie Nikel, # 2 Certificate of Service)(Bianchi, Jared) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
55

RESPONSE to 54 MOTION to Dismiss Ben Watts as Defendant filed by Joseph Bruyette, Richard West. (Attachments: # 1 Declaration of Kevin Costello, # 2 Exhibit 1, # 3 Exhibit 2)(Costello, Kevin) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

PACER
56

OPINION AND ORDER denying 34 Motion to Dismiss for Lack of Jurisdiction; granting 2 Motion to Certify Class. Count II of the Complaint is dismissed without prejudice. Signed by Judge William K. Sessions III on 3/30/2020. (jam) Text clarified on 3/30/2020 (jam). (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

Clearinghouse
57

ORDER denying 36 Motion to Strike Certain Material from 1 Class Action Complaint without prejudice to re-filing after discovery. Signed by Judge William K. Sessions III on 3/31/2020. (jam) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER

Order on Motion to Dismiss

March 31, 2020

March 31, 2020

PACER

Order on Motion to Seal (NEF is sent - Order is not sealed)

March 31, 2020

March 31, 2020

PACER

Order on Motion to Stay

March 31, 2020

March 31, 2020

PACER
58

ORDER denying as moot 35 Motion to Stay. Signed by Judge William K. Sessions III on 3/31/2020. (This is a text-only Order.) (eae) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
59

ORDER granting as unopposed 50 Motion to Seal; granting 54 Motion to Dismiss. Signed by Judge William K. Sessions III on 3/31/2020. (This is a text-only Order.) (eae) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
60

PROPOSED Discovery Schedule Order filed by Richard West, Joseph Bruyette. (Costello, Kevin) Text clarified on 4/10/2020 (law). (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
61

JOINT MOTION to Stay all proceedings pending appeal of class action certification filed by Centurion of Vermont, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Soule, Stephen) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

Clearinghouse
62

SUPPLEMENTAL DOCUMENT(S) re: 61 JOINT MOTION to Stay all proceedings by Centurion of Vermont, LLC. (Attachments: # 1 Exhibit 1)(Soule, Stephen) (Entered: 04/13/2020)

1 Exhibit 1

View on RECAP

April 13, 2020

April 13, 2020

RECAP
63

RESPONSE in Opposition re 61 JOINT MOTION to Stay all proceedings filed by Joseph Bruyette, Richard West. (Attachments: # 1 Declaration of Kevin Costello)(Ernst, Lia) (Additional attachment(s) added on 4/23/2020: # 2 Declaration of J.A. (document is sealed)) (law). (Entered: 04/23/2020)

1 Declaration of Kevin Costello

View on PACER

April 23, 2020

April 23, 2020

RECAP

Notice of Docket Entry Correction (ECF Admin Only)

April 23, 2020

April 23, 2020

PACER
64

MOTION to File Under Seal Declaration of J.A. re: 63 Response in Opposition to Motion filed by Joseph Bruyette, Richard West.(Ernst, Lia) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
65

NOTICE OF DOCKET ENTRY UPDATE re: 63 Response in Opposition to Motion filed by Richard West, Joseph Bruyette. The Declaration of J.A. having been received, is now attached to 63 under seal. (law) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
66

SUPPLEMENTAL DOCUMENT(S) re: 63 Response in Opposition to 61 JOINT MOTION to Stay all proceedings by Joseph Bruyette, Richard West. (Attachments: # 1 Exhibit 1)(Diaz, James) (Attachment 1 replaced on 4/23/2020) (law). (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
67

NOTICE OF DOCKET ENTRY CORRECTION re: 66 Supplemental Document filed by Richard West, Joseph Bruyette. Exhibit 1 has been replaced to remove the illegible duplicate pdf header. The corrected document are now attached to 66 and this entry. (law) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
68

JOINT REPLY to Response to 61 JOINT MOTION to Stay all proceedings filed by Centurion of Vermont, LLC, Al Gobeille, Martha Maksym, Michael Touchette. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Declaration of Steven Fisher, M.D.) (filed under seal (law) (Entered: 05/08/2020)

May 7, 2020

May 7, 2020

PACER
69

MOTION to File Under Seal 68 Joint Reply to Response to Motion filed by Centurion of Vermont, LLC, Al Gobeille, Martha Maksym, Michael Touchette. (Document is sealed)(law) (Entered: 05/08/2020)

May 7, 2020

May 7, 2020

PACER
70

OPINION AND ORDER denying 61 Motion to Stay all proceedings pending appeal of class action certification; granting 64 Motion to File Under Seal Declaration of J.A. re: 63 Response in Opposition; granting 69 Motion to File Under Seal 68 Joint Reply to Response to Motion. Defts' answer or other responsive pleading and stipulated discovery schedule/order is due within 30 days. If the parties are unable to agree on a schedule, they shall submit proposals with supporting memoranda within the same 30-day period. Signed by Judge William K. Sessions III on 5/22/2020. (law) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

Clearinghouse
70

OPINION AND ORDER denying 61 Motion to Stay all proceedings pending appeal of class action certification; granting 64 Motion to File Under Seal Declaration of J.A. re: 63 Response in Opposition; granting 69 Motion to File Under Seal 68 Joint Reply to Response to Motion. Defts' answer or other responsive pleading and stipulated discovery schedule/order is due within 30 days. If the parties are unable to agree on a schedule, they shall submit proposals with supporting memoranda within the same 30-day period. Signed by Judge William K. Sessions III on 5/22/2020. (law) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

Clearinghouse
71

ANSWER to Complaint by Martha Maksym, Michael Smith, James Baker. (Attachments: # 1 Certificate of Service)(Bianchi, Jared) Filers clarified on 6/22/2020 (law). (Entered: 06/22/2020)

1 Certificate of Service

View on PACER

June 22, 2020

June 22, 2020

Clearinghouse
72

ANSWER to Complaint by Centurion of Vermont, LLC.(Eaton, Pamela) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

RECAP
73

JOINT PROPOSED Scheduling Order and Memorandum in Support by James Baker, Centurion of Vermont, LLC, Michael Smith. (Attachments: # 1 Exhibit 1)(Eaton, Pamela) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
74

MEMORANDUM in Support of Proposed Discovery Schedule/Order by Joseph Bruyette, Richard West. (Attachments: # 1 Declaration of Kevin Costello, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Costello, Kevin) Text clarified on 6/23/2020 (law). (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
75

SUPPLEMENTAL JOINT MEMORANDUM in Support re: 73 Proposed Stipulated Discovery Schedule/Order filed by James Baker, Centurion of Vermont, LLC, Michael Smith. (Attachments: # 1 Exhibit 1)(Soule, Stephen) (Entered: 06/26/2020)

1 Exhibit 1

View on RECAP

June 26, 2020

June 26, 2020

RECAP
76

UNOPPOSED MOTION to Dismiss Case for Lack of Jurisdiction (Claims Against Centurion of Vermont, LLC) filed by Centurion of Vermont, LLC.(Eaton, Pamela) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

RECAP
77

MANDATE of USCA Case No 20-1203 as to 70 Opinion and Order. It is hereby ORDERED that the Rule 23(f) petition is DENIED because an immediate appeal is not warranted. Further ORDERED that the motion for stay is DENIED as moot. (gmg) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

RECAP
78

DISCOVERY CERTIFICATE - Initial Disclosures by James Baker, Michael Smith.(Bianchi, Jared) (Entered: 08/22/2020)

Aug. 22, 2020

Aug. 22, 2020

PACER
79

ORDER granting 76 Unopposed Motion to Dismiss for Lack of Jurisdiction. Signed by Judge William K. Sessions III on 8/24/2020. (This is a text-only Order.) (eae) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

PACER

Order on Motion to Dismiss/Lack of Jurisdiction

Aug. 24, 2020

Aug. 24, 2020

PACER
80

MOTION to Withdraw as Attorney filed by Centurion of Vermont, LLC.(Eaton, Pamela) Event/text clarified on 8/25/2020 (law). (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
81

MOTION to Withdraw as Attorney (Michael Bentley) filed by Centurion of Vermont, LLC.(Eaton, Pamela) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
82

MOTION to Withdraw as Attorney (Molly M. Walker) filed by Centurion of Vermont, LLC.(Eaton, Pamela) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
83

MOTION to Withdraw as Attorney filed by Centurion of Vermont, LLC.(Soule, Stephen) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER
84

NOTICE OF APPEARANCE by Pamela L.P. Eaton, Esq on behalf of James Baker, Michael Smith.(Eaton, Pamela) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER

Case Details

State / Territory: Vermont

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Hepatitis C

Key Dates

Filing Date: May 21, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Incarcerated individuals with Hepatitis C

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Vermont Department of Corrections (Vermont), State

Centurion of Vermont LLC (Vermont), Private Entity/Person

Vital Core Health Services (Vermont), Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2021 - 2023

Issues

Medical/Mental Health:

Hepatitis