Case: Vermont Protection and Advocacy v. Hoffman

COMPLAINT; jury demand; filing fee $ 150.00 receipt # 21565 (waiver(s) Issued) (law) (Entered: 09/24/2004)

MOTION by pltf VT Protection & Adv for Preliminary Injunction (law) Additional attachment(s) added on 1/25/2005 (jse, ). (Entered: 09/24/2004)

File sent to Burlington (law)

CERTIFICATE OF SERVICE by pltf VT Protection & Adv re: [1-1] complaint, [2-1] motion for Preliminary Injunction, waivers, Notice of Lawsuit upon the Office of the Atty Genl (cls) (Entered: 09/28/2004)

NOTICE OF APPEARANCE for dfts Steve Gold, VT Dept Corrections by Steven C. Collier (law) (Entered: 10/08/2004)

UNOPPOSED MOTION by dfts Steve Gold, VT Dept Corrections to Enlarge The Time to Respond to Plaintiff's Motion for a Preliminary Injunction (law) (Entered: 10/08/2004)

ORDER granting [5-1] motion to Enlarge The Time to Respond to Plaintiff's Motion for a Preliminary Injunction. Response due 10/29/04 to [2-1] motion for Preliminary Injunction ( Chief Judge William K. Sessions III ) [EOD Date 10/15/04] Cy to parties (law) (Entered: 10/15/2004)

WAIVER OF SERVICE by dft VT Dept Corrections by request dated 9/24/04 (law) (Entered: 10/27/2004)

OPPOSITION by dfts Steve Gold, VT Dept Corrections to [2-1] motion for Preliminary Injunction (cls) (Entered: 10/29/2004)

REPLY by pltf VT Protection & Adv to dft's opposition to [2-1] motion for Preliminary Injunction (law) (Entered: 11/12/2004)

AFFIDAVIT of Craig Van Tuinen, M.D. by pltf VT Protection & Adv re: [2-1] motion for Preliminary Injunction (law) (Entered: 11/12/2004)

MOTION by dfts Steve Gold, VT Dept Corrections to Enlarge the Time to Respond to Plaintff's Complaint (law) (Entered: 11/23/2004)

RESPONSE by pltf VT Protection & Adv to [11-1] motion to Enlarge the Time to Respond to Plaintff's Complaint (law) (Entered: 12/01/2004)

ENDORSED ORDER: granting [11-1] motion to Enlarge the Time to Respond to Plaintff's Complaint, Answer due on 12/7/04 for VT Dept Corrections, for Steve Gold ( Chief Judge William K. Sessions III ) Cy to parties (See referenced document for image) (law)

MOTION with memorandum in support by dfts Steve Gold, VT Dept Corrections to Dismiss (law) Additional attachment(s) added on 1/10/2005 (law, ). Additional attachment(s) added on 1/10/2005 (law, ). (Entered: 12/07/2004)

STIPULATED MOTION by pltf VT Protection & Adv to Enlarge the Time to Respond to Defendants' Motion to Dismiss (law) (Entered: 12/13/2004)

ENDORSED ORDER: granting [14-1] motion to Enlarge the Time to Respond to Defendants' Motion to Dismiss [13-1] motion to Dismiss ( Chief Judge William K. Sessions III ) Cy to parties (See referenced document for image) (law)

OPPOSITION to 13 Motion to Dismiss filed by Vermont Protection & Advocacy, Inc. (law, ) (Entered: 01/07/2005)

MOTION for Permission to Exceed Ten Page Limit In Reply Memorandum by Steve Gold, Vermont Department of Corrections. Responses due by 2/7/2005 (law, ) (Entered: 01/24/2005)

MOTION for Leave to File Supplemental Exhibit Pursuant to F.R.C.P. 6(b) by Vermont Protection & Advocacy, Inc.. Responses due by 2/8/2005 (law, ) (Entered: 01/25/2005)

OPPOSITION to 16 MOTION for Leave to Exceed Page Limit filed by Vermont Protection & Advocacy, Inc.. (law, ) Additional attachment(s) added on 1/25/2005 (law, ). (Entered: 01/25/2005)

NOTICE of Docket Entry Correction re: 2 Motion for Preliminary Injunction filed by Vermont Protection & Advocacy, Inc. Reason for Correction: Adding Pltf's Exhibit B which was submitted on 01/24/05 as supplement to the Motion. The document attached to this entry is the exhibit, which has also been added to P#2 Motion for Preliminary Injunction. (jse, ) (Entered: 01/25/2005)

ORDER granting 16 Motion to Exceed Page Limit . Signed by Judge William K. Sessions III on 01/26/05. (This is a text only Order.) (eae) (Entered: 01/26/2005)

REPLY MEMORANDUM OF LAW in support of 13 Motion to Dismiss filed by Steve Gold, Vermont Department of Corrections. (Attachments: # 1 Exhibit D)(law, ) (Entered: 01/26/2005)

NOTICE of Hearing on Motion 13 Motion to Dismiss: Motion Hearing set for 2/17/2005 01:30 PM in Burlington Courtroom 542 before William K. Sessions III. Cy parties.(jam, ) (Entered: 02/03/2005)

OPPOSITION to 17 MOTION for Leave to File Exhibit B filed by Steve Gold, Vermont Department of Corrections. (law, ) (Entered: 02/09/2005)

MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Motion Hearing held on 2/17/2005. A. Ruben & G. McGrath present for pltfs; M. Patane & S. Collier present for dfts. Statements by counsel. Court makes findings; 2 Motion for Preliminary Injunction filed by Vermont Protection & Advocacy, Inc. DENIED, 13 Motion to Dismiss filed by Vermont Department of Corrections, Steve Gold DENIED. Parties given 60 days for the completion of discovery. (Court Reporter Masse.) (jam, ) (Entered: 02/17/2005)

Set Deadlines: Discovery due by 4/18/2005 per hearing held on this date. (jam, )

ENE LETTER re: Potential Evaluators sent; responses due by 3/16/2005. (law, ) (Entered: 03/02/2005)

ANSWER to Complaint by Steve Gold, Vermont Department of Corrections.(law, ) (Entered: 03/07/2005)

MOTION for Order of Discovery Scheudle by Vermont Protection & Advocacy, Inc.. Responses due by 3/21/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law, ) (Entered: 03/07/2005)

AFFIDAVIT of Arthur J. Ruben re: 27 MOTION for Order of Discovery Scheudle by Vermont Protection & Advocacy, Inc... (law, ) (Entered: 03/07/2005)

ENE Evaluator Stephen S. Blodgett assigned. (Attachments: # 1 Support Letter)(law, ) (Entered: 03/17/2005)

RESPONSE to 27 MOTION for Order of Discovery Scheudle filed by Steve Gold, Vermont Department of Corrections. (law, ) (Entered: 03/23/2005)

ENE Evaluator Stephen S. Blodgett assigned. Early Neutral Evaluation set for 5/5/2005 at 09:00 AM. (Attachments: # 1 Letter from Attorney Patane)(law, ) (Entered: 03/30/2005)

MOTION to Extend the Discovery Deadline by 30 Days by Steve Gold, Vermont Department of Corrections. Responses due by 4/14/2005. 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 Errata D# 5 Exhibit E)(law, ) Additional attachment(s) added on 3/31/2005 (jse, ). (Entered: 03/31/2005)

AFFIDAVIT of Martha Smyrski re: 32 MOTION to Extend the Discovery Schedule by 30 Days by Steve Gold, Vermont Department of Corrections.. (law, ) (Entered: 03/31/2005)

RECEIVED STIPULATION re: Discovery by Vermont Protection & Advocacy, Inc., Steve Gold, Vermont Department of Corrections, Robert Hofmann. (law, )

MOTION for Expedited Ruling on Motion for Order of Discovery Schedule and MOTION for Deposition by Vermont Protection & Advocacy, Inc.. Responses due by 4/18/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law, ) (Entered: 04/04/2005)

OPPOSITION to defendants' 32 MOTION to Extend Discovery Deadline by 30 Days filed by Vermont Protection & Advocacy, Inc.. (law, ) (Entered: 04/04/2005)

AFFIDAVIT of Arthur J. Ruben re: 34 MOTION for Expedited Ruling on Motion for Order of Discovery Schedule and MOTION for Deposition by Vermont Protection & Advocacy, Inc.. (law, ) (Entered: 04/04/2005)

ORDER denying as moot 27 Motion to Extend the Discovery Deadline by 30 Days; granting in part (discovery deadline extended to 05/18/2005) and denying in part (to dissallow any discovery about past practices or policies) 32 Motion for Extension of Time to Complete Discovery . Signed by Judge William K. Sessions III on 04/07/2005. (law, ) (Entered: 04/07/2005)

Set/Reset Deadlines: Discovery due by 5/18/2005. (law, )

ORDER denying as moot 17 Motion for Leave to File. Signed by Judge William K. Sessions III on 04/07/05. (This is a text only Order.) (eae) (Entered: 04/07/2005)

DISCOVERY STIPULATION AND ORDER. Signed by Judge William K. Sessions III on 04/07/2005. (law, ) (Entered: 04/07/2005)

DISCOVERY CERTIFICATE - Responses to First Request to Produce by Vermont Department of Corrections, Robert Hofmann.(law, ) (Entered: 04/08/2005)

NOTICE OF SUBSTITUTION OF COUNSEL by Steven C. Collier, Mark Joseph Patane, Martha Marguerite Smyrski (law, ) (Entered: 04/11/2005)

DISCOVERY CERTIFICATE - First Interrogatories and Request to Produce by Vermont Department of Corrections, Robert Hofmann.(law, ) (Entered: 04/14/2005)

MOTION to Compel Discovery and Memorandum of Law by Vermont Protection & Advocacy, Inc.. Responses due by 4/29/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (Attachments: # 1 Exhibit1a# 2 Exhibit2a# 3 Attachments)(jse, ) Additional attachment(s) added on 3/9/2006 (jse, ). (Entered: 04/15/2005)

AFFIDAVIT Pursuant to F.C.P.R. 26, 37 and LR 26.1(d) by Vermont Protection & Advocacy, Inc.. (jse, ) (Entered: 04/15/2005)

OPPOSITION to 43 MOTION to Compel Depositions filed by Vermont Department of Corrections, Robert Hofmann. (NEXT ENTRY SAME DOCUMENT) (law, ) (Entered: 04/18/2005)

CROSS-MOTION for a Protective Order and MOTION for Expedited Ruling by Vermont Department of Corrections, Robert Hofmann. Responses due by 5/2/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law, ) (PREVIOUS ENTRY SAME DOCUMENT) (Entered: 04/18/2005)

DISCOVERY CERTIFICATE - Initial Disclosures by Vermont Department of Corrections, Robert Hofmann.(law, ) (Entered: 04/18/2005)

ORDER granting 34 Motion for Deposition, denying 46 Cross-Motion for Protective Order . Signed by Judge William K. Sessions III on 04/22/2005. (law, ) (Entered: 04/22/2005)

MOTION for Sanctions by Vermont Protection & Advocacy, Inc.. Responses due by 5/11/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law, ) (Entered: 04/27/2005)

AFFIDAVIT of Arthur J. Ruben re: 49 MOTION for Sanctions by Vermont Protection & Advocacy, Inc.. (law, ) (Entered: 04/27/2005)

RESPONSE in Opposition in re 43 MOTION to Compel filed by Robert Hofmann. (jlh, ) Additional attachment(s) added on 5/23/2005 (jse, ). (Entered: 05/02/2005)

AFFIDAVIT of Martha Smyrski, Esq in re: 51 Response in Opposition to Motion.(jlh, ) (Entered: 05/02/2005)

DISCOVERY CERTIFICATE - Responses to Defendants' First Set Interrogatories and Requests to Produce by Vermont Protection & Advocacy, Inc..(law, ) (Entered: 05/05/2005)

MOTION for Temporary Restraining Order by Vermont Protection & Advocacy, Inc.. Responses due by 5/20/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (law, ) (Entered: 05/06/2005)

AFFIDAVIT of Ginny McGrath re: 54 MOTION for Temporary Restraining Order by Vermont Protection & Advocacy, Inc.. (law, ) (Entered: 05/06/2005)

AFFIDAVIT of Craig Van Tuinen re: 54 MOTION for Temporary Restraining Order by Vermont Protection & Advocacy, Inc.. (law, ) (Entered: 05/06/2005)

MOTION for Leave to File Supplemental Exhibit by Vermont Protection & Advocacy, Inc.. Responses due by 5/20/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (Attachments: # 1 Supplemental Exhibit (Part 1 of 2)# 2 Supplemental Exhibit (Part 2 of 2))(law, ) (Entered: 05/06/2005)

OPPOSITION to 54 MOTION for Temporary Restraining Order filed by Vermont Department of Corrections, Robert Hofmann. (law, ) (Entered: 05/09/2005)

AFFIDAVIT of Paul Cotton, M.D. re: 58 Opposition to 54 MOTION for Temporary Restraining Order by Vermont Department of Corrections, Robert Hofmann. (law, ) (Entered: 05/09/2005)

AFFIDAVIT of Tom Simpatico, M.D. re: 58 Opposition to 54 MOTION for Temporary Restraining Order by Vermont Department of Corrections, Robert Hofmann. (law, ) (Entered: 05/09/2005)

NOTICE to Take Deposition of Craig Van Tuinen, M.D. by Vermont Department of Corrections, Robert Hofmann. (Attachments: # 1 Certificate of Service)(law, ) (Entered: 05/09/2005)

NOTICE of Deposition of M.K. by Vermont Department of Corrections, Robert Hofmann. (Attachments: # 1 Certificate of Service)(law, ) (Entered: 05/09/2005)

NOTICE of Deposition of B.M. by Vermont Department of Corrections, Robert Hofmann. (Attachments: # 1 Certificate of Service)(law, ) (Entered: 05/09/2005)

NOTICE of Deposition of J.P. by Vermont Department of Corrections, Robert Hofmann. (Attachments: # 1 Certificate of Service)(law, ) (Entered: 05/09/2005)

NOTICE of Deposition of B.C. by Vermont Department of Corrections, Robert Hofmann. (Attachments: # 1 Certificate of Service)(law, ) (Entered: 05/09/2005)

NOTICE of Deposition of T.D. by Vermont Department of Corrections, Robert Hofmann. (Attachments: # 1 Certificate of Service)(law, ) (Entered: 05/09/2005)

NOTICE of Deposition of J.K. by Vermont Department of Corrections, Robert Hofmann.(law, ) Additional attachment(s) added on 5/23/2005 (jse, ). (Entered: 05/09/2005)

NOTICE of Deposition of K.P. by Vermont Department of Corrections, Robert Hofmann.(law, ) Additional attachment(s) added on 5/23/2005 (jse, ). (Entered: 05/09/2005)

NOTICE of Deposition of A.M. by Vermont Department of Corrections, Robert Hofmann. (Attachments: # 1 Certificate of Service)(law, ) (Entered: 05/09/2005)

NOTICE of Deposition of Tina Wood by Vermont Department of Corrections, Robert Hofmann. (Attachments: # 1 Certificate of Service)(law, ) (Entered: 05/09/2005)

NOTICE of Deposition of Ed Paquin by Vermont Department of Corrections, Robert Hofmann. (Attachments: # 1 Certificate of Service)(law, ) (Entered: 05/09/2005)

NOTICE of Hearing on 54 MOTION for Temporary Restraining Order: Motion Hearing set for 5/11/2005 01:30 PM in Burlington Courtroom 542 before William K. Sessions III. (law, ) (Entered: 05/09/2005)

ENE LETTER re: Potential Evaluators sent; responses due by 5/23/2005. (Attachments: # 1 Letter conflicting Stephen Blodgett as ENE Evaluator)(law, ) (Entered: 05/09/2005)

MINUTE ENTRY for proceedings held before Judge William K. Sessions III: Motion Hearing held on 5/11/2005 re 54 MOTION for Temporary Restraining Order filed by Vermont Protection & Advocacy, Inc. A. Ruben & G. McGrath present for pltfs; M. Smyrski & D. Groff present for dfts. Statements by counsel. Evidentiary hearing began. Tina Wood, sworn by clerk, was examined for pltfs. ORDERED: upon agreement by the parties, this case is referred to Magistrate Judge Niedermeier for all discovery and to continue with this hearing and injuctive relief issue. (Court Reporter Boone.) (jam, ) (Entered: 05/11/2005)

CASE REFERRED to Magistrate Judge Jerome J. Niedermeier for discovery and continuation of the TRO hearing and injunctive relief issue per the hearing held on this date. (jam, ) (Entered: 05/11/2005)

ORDER OF REFERRAL referring case to Magistrate Judge Jerome J. Niedermeier. Signed by Judge William K. Sessions III on 05/11/2005. (law, ) (Entered: 05/12/2005)

MOTION to Quash by Health Care and Rehabilitation Services of Southeastern Vermont, Inc., Frank Silfies. Responses due by 5/26/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (Attachments: # 1 Notice of Appearance)(jlh, ) (Entered: 05/12/2005)

ORDER granting 77 Motion to Quash . Signed by Judge Jerome J. Niedermeier on 5/12/05. (This is a text only Order.) (jjj, ) (Entered: 05/13/2005)

MINUTE ENTRY for proceedings held before Judge Jerome J. Niedermeier : Evidentiary Hearing held on 5/12/2005. Pltf's motion for TRO continued from 5/11/05. Clerk swears Dr. Craig VamTuinen on behalf of pltf; Clerk swears Dr. Paul Cotton and Suzanne Kelly on behlaf of defts. Hearing continued until 5/16/05 at 1:30 (Court Reporter Darlene Littlefield.) (jjj, ) (Entered: 05/13/2005)

LETTER of Stephen S. Blodgett re: disqualification. (law, ) (Entered: 05/13/2005)

CONSENT to Jurisdiction by US Magistrate Judge by Vermont Protection & Advocacy, Inc., Vermont Department of Corrections, Robert Hofmann. Case reassigned to Magistrate Judge Jerome J. Niedermeier. (law, ) (Entered: 05/13/2005)

RESPONSE in Opposition in re 49 MOTION for Sanctions filed by Vermont Department of Corrections, Robert Hofmann. (Attachments: # 1 Affidavit of Martha M. SMyrski, Esq# 2 Affidavit of Melanie Smit# 3 Certificate of Service)(jlh, ) (Entered: 05/13/2005)

MINUTE ENTRY for proceedings held before Judge Jerome J. Niedermeier : Motion Hearing continued on 5/16/2005 re 54 MOTION for Temporary Restraining Order filed by Vermont Protection & Advocacy, Inc.,. Arthur Ruben, Esq. and Ginny McGrath, Esq. for pltf; Martha Symerski, Esq. and David Groff, Esq. for defts. The following witnesses were recalled to the stand: Susanne Kelly and Dr. Craig VanTuinan. ORDERED: Motion for TRO is denied. Discovery is stayed and settlement offer is to be responded to w/14 days. Status conference to be conducted on 6/9 at 10:00 a.m. (Court Reporter Littlefield.) (jjj, ) (Entered: 05/17/2005)

ORAL ORDER denying 54 Motion for TRO issued by Judge Jerome J. Niedermeier on 5/16/05 at hearing. (jjj, ) (Entered: 05/17/2005)

NOTICE of Hearing: Status Conference set for 6/8/2005 10:00 AM in Burlington Courtroom 440 before Jerome J. Niedermeier. (jlh, ) (Entered: 05/18/2005)

DEPOSITION CERTIFICATE - Deposition of Commissioner Robert Hofmann by Robert Hofmann.(law, ) (Entered: 05/25/2005)

MOTION for the Pro Hac Vice Admission of Kate G. Duffy by Vermont Department of Corrections, Robert Hofmann. (Attachments: # 1 Text of Proposed Order)(law, ) (Entered: 05/26/2005)

AFFIDAVIT of Kate G. Duffy in support of 87 MOTION for the Pro Hac Vice Admission of Kate G. Duffy filed by Vermont Department of Corrections, Robert Hofmann. (law, ) (Entered: 05/26/2005)

AFFIDAVIT of Martha M. Smyrski, Esq. in support of 87 MOTION for the Pro Hac Vice Admission of Kate G. Duffy filed by Vermont Department of Corrections, Robert Hofmann. (law, ) (Entered: 05/26/2005)

ORDER granting 87 Motion for Admission Pro Hac Vice . Signed by Judge Jerome J. Niedermeier on 05/27/05. (This is a text only Order.) (mld, ) (Entered: 05/27/2005)

REPORT of Early Neutral Evaluation.(law, ) (Entered: 06/09/2005)

MINUTE ENTRY for proceedings held before Judge Jerome J. Niedermeier : Status Conference held on 6/9/2005. Arthur Ruben, Esq. and Ginny McGrath, Esq. for pltf; Martha Smyrski, Esq. and Kate Duffy, Esq. for defts. ORDERED: Deft to have 10 days within which to supplement objection to pltf's motion to compel; pltf to have 10 days thereafter within which to respond. (Court Reporter none.) (jjj, ) (Entered: 06/09/2005)

UNOPOSED MOTION for Extension of Time to File Reply by 2 days as to 43 MOTION to Compel by Vermont Department of Corrections, Robert Hofmann. (jlh, ) (Entered: 06/24/2005)

ORDER granting 93 Motion for Extension of Time to File Response/Reply . Signed by Judge Jerome J. Niedermeier on 06/24/05. (This is a text only Order.) (mld, ) (Entered: 06/24/2005)