Case: Brown v. City of Barre

Vermont state trial court

NOTICE OF REMOVAL by Carol Dawes, City of Barre, Vermont from Washington County Superior Court, case number unknown. ( Filing fee $ 350) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Notice of Filing Notice of Removal, # 4 Certificate of Service, # 5 Civil Cover Sheet)(law) (Entered: 04/07/2010)

NOTICE OF APPEARANCE by Joseph A. Farnham on behalf of City of Barre, Vermont, Carol Dawes. (law) (Entered: 04/07/2010)

ANSWER to Complaint by City of Barre, Vermont, Carol Dawes.(law) (Entered: 04/07/2010)

LETTER to Washington Superior Court requesting original file & certified docket sheet. (law) (Entered: 04/07/2010)

RECEIVED FILE and certified copy of docket sheet from State Court. (law) (Entered: 04/12/2010)

APPLICATION for Leave to Proceed in forma pauperis by Brenda Brown. (originally filed 2/17/10 in state court) (law) (Entered: 04/12/2010)

ORDER granting 6 Application for Leave to Proceed in forma pauperis. Signed by Deputy Clerk on 4/17/2010. (This is a text only Order.) (originally filed 2/17/10 in state court) (law) (Entered: 04/12/2010)

COMPLAINT against City of Barre, Vermont, Carol Dawes filed by Brenda Brown. (Attachments: # 1 Attachment, # 2 Summons) (originally filed 2/17/2010 in state court) (law) (Entered: 04/12/2010)

MOTION for Ex Parte Restraining Order, MOTION for Preliminary Injunction to Compel Reconnection of Water by Brenda Brown. (Attachments: # 1 Memorandum in Support) (originally filed 2/17/2010 in state court) (law) (Entered: 04/12/2010)

MOTION to Waive the Requirement of Bond or Security re 9 MOTION for Restraining Order and MOTION for Preliminary Injunction by Brenda Brown. (Attachments: # 1 Affidavit of Brenda Brown) (originally filed 2/17/2010 in state court) (law) (Entered: 04/12/2010)

ENTRY REGARDING MOTION granting 10 Motion to Waive the Requirement of Bond or Security re 9 MOTION for Restraining Order and MOTION for Preliminary Injunction. Signed by Judge Geoffrey W. Crawford on 2/17/10. (originally filed 2/17/2010 in state court) (law) (Entered: 04/12/2010)

ENTRY REGARDING MOTION: denying 9 Motion for Ex Parte Restraining Order, MOTION for Preliminary Injunction to Compel Reconnection of Water. Set for hearing on motion for TRO. Signed by Judge Geoffrey W. Crawford on 2/17/2010. (originally filed 2/17/2010 in state court) (law) (Entered: 04/12/2010)

NOTICE of Hearing re: 9 MOTION for Ex Parte Restraining Order, MOTION for Preliminary Injunction to Compel Reconnection of Water. Motion Hearing set for 2/19/2010 09:00 AM. (originally filed 2/17/2010 in state court) (law) (Entered: 04/12/2010)

MINUTE ENTRY for proceedings held before Judge Geoffrey W. Crawford: Motion Hearing held on 4/12/2010 re 9 MOTION for Ex Parte Restraining Order, MOTION for Preliminary Injunction to Compel Reconnection of Water. Parties present with counsel. Motion granted; Temporary Order filed. Case may be consolidated with foreclosure 221-3-09; next hearing is 3/8/10. (originally held on 2/18/2010 in state court) (law) (Entered: 04/12/2010)

ENTRY REGARDING MOTION re: 9 Motion for Ex Parte Restraining Order, MOTION for Preliminary Injunction to Compel Reconnection of Water. Temporary stipulated order entered.. Signed by Judge Geoffrey W. Crawford on 2/18/2010. (originally filed 2/18/2010 in state court) (law) (Entered: 04/12/2010)

TEMPORARY ORDER. Signed by Judge Geoffrey W. Crawford on 2/18/2010. (originally filed 2/18/2010 in state court) (law) (Entered: 04/12/2010)

NOTICE of Hearing: hearing set for 3/8/2010 at 1:30 PM. (originally filed 2/18/2010 in state court) (law) (Entered: 04/12/2010)

OPPOSITION to Consolidation by Brenda Brown. (originally filed 2/26/2010 in state court) (law) (Entered: 04/12/2010)

ACKNOWLEDGMENT/ACCEPTANCE OF SERVICE Executed on 3/8/2010 as to defendants of Summons and Complaint, Motion for Ex Parte Temporary Restraining Order and Preliminary Injunction filed by City of Barre, Vermont, Carol Dawes. (originally filed 3/8/2010 in state court) (law) (Entered: 04/12/2010)

MINUTE ENTRY for proceedings held before Judge Geoffrey W. Crawford: Status Conference held on 4/12/2010. Temporary Order filed re water issue as to tenant Brown and the foreclosure case (211-3-09 Wncv). This case is NOT consolidated with the foreclosure action now. Pltf to submit memo re: class certification and Deft can response. The court will set a status conference in 30 days. (Court Reporter: taped) (originally held 3/8/10 in state court) (law) (Entered: 04/12/2010)

TEMPORARY ORDER. Signed by Judge Geoffrey W. Crawford on 3/8/2010. (originally filed 3/9/2010 in state court) (law) (Entered: 04/12/2010)

NOTICE of Hearing: Status Conference set for 4/13/2010 at 9:30 am. (originally filed 3/9/2010 in state court) (law) (Entered: 04/12/2010)

LETTER from Atty Curtis advising court Plaintiff has no objection to deft's filing answer by 3/29/10. (originally filed 3/9/2010 in state court) (law) (Entered: 04/12/2010)

NOTICE OF APPEARANCE by Joseph A. Farnham on behalf of City of Barre, Vermont, Carol Dawes. (originally filed 3/19/2010 in state court) (law) (Entered: 04/12/2010)

LETTER from filed by Atty Curtis advising he does not objection to Atty Farnham having until 4/12/10 to file answer. (originally filed 4/5/2010 in state court) (law) (Entered: 04/12/2010)

NOTICE OF APPEARANCE by Karen L. Richards on behalf of Brenda Brown. (pam) (Entered: 04/13/2010)

ENE LETTER re: Potential Evaluators sent; responses due by 5/3/2010. (hbc) (Entered: 04/15/2010)

NOTICE of Hearing: Status Conference set for 5/12/2010, 2:00 PM in Burlington Courtroom 440 before Judge Christina Reiss. (pjl) (Entered: 04/16/2010)

STIPULATION AS TO ENE by all parties. ENE Evaluator P. Scott McGee, Esq. assigned.(hbc) (Entered: 05/04/2010)

MINUTE ENTRY for proceedings held before Judge Christina Reiss: Status Conference held on 5/12/2010. C. Curtis, Esq. and K. Richards, Esq. present for pltf, J. Farnham, Esq. present for dfts. Court makes inquiries re: case status. Counsel reports that the parties have not proceeded with class action. Discovery schedules have been discussed. Counsel for pltf makes oral motion to file an amended complaint to add an equal protection claim. No objection by dft. ORDERED: Oral motion to file amended complaint is granted. (Court Reporter: taped) (pjl) (Entered: 05/12/2010)

DISCOVERY CERTIFICATE - First Set of Interrogatories and Request to Produce by Brenda Brown.(pam) (Entered: 05/28/2010)

RECEIVED proposed Stipulated Discovery Schedule/Order by Brenda Brown, City of Barre, Vermont, Carol Dawes.(law)

DISCOVERY CERTIFICATE - First Interrogatories and Request to Produce by City of Barre, Vermont, Carol Dawes.(pam) (Entered: 06/03/2010)

MOTION to Amend 8 Complaint by Brenda Brown. (Attachments: # 1 Memorandum in Support, # 2 Proposed Amended Complaint (red lined), # 3 Proposed Amended Complaint, # 4 Notice of Constitutional Challenge)(pam) Text clarified on 6/8/2010 (jlh). (Entered: 06/07/2010)

LETTER re: proposed Stipulated Discovery Schedule/Order non-compliant with LR. 26(a)(1)(B). Counsel to resubmit proposed Discovery schedule due by 6/18/2010. (law) (Entered: 06/07/2010)

MOTION for Extension of Time to File the Stipulated Discovery Order by Brenda Brown.(pam) (Entered: 06/10/2010)

ORDER granting 35 Motion to Extend Time To File The Stipulated Discovery Order. Signed by Judge Christina Reiss on 6/14/2010. (This is a text only Order.) (rmr) (Entered: 06/14/2010)

DISCOVERY CERTIFICATE - Responses to First Set of Interrogatories and Requests to Produce by City of Barre, Vermont, Carol Dawes.(pam) (Entered: 06/25/2010)

ORDER granting without objection 33 Motion to Amend Complaint. Signed by Judge Christina Reiss on 6/29/2010. (This is a text only Order.) (rmr) (Entered: 06/29/2010)

FIRST AMENDED COMPLAINT-CLASS ACTION against City of Barre, Vermont, Carol Dawes filed by Brenda Brown.(pam) (Entered: 06/30/2010)

DISCOVERY CERTIFICATE - Answer to First Set of Interrogatories by Brenda Brown.(pam) (Entered: 07/08/2010)

MOTION to Certify Class by Brenda Brown. (Attachments: # 1 Memorandum in Support, # 2 Spreadsheet)(pam) (Entered: 07/08/2010)

ANSWER to 39 First Amended Complaint-Class Action by City of Barre, Vermont, Carol Dawes.(pam) (Entered: 07/13/2010)

RESPONSE in Opposition re 41 MOTION to Certify Class filed by City of Barre, Vermont, Carol Dawes. (Attachments: # 1 Appendix, # 2 Spreadsheet)(pam) (Entered: 07/19/2010)

NOTICE of Hearing re: 41 MOTION to Certify Class. Motion Hearing set for 8/5/2010, 1:00 PM in Burlington Courtroom 440 before Judge Christina Reiss. (pjl) (Entered: 07/26/2010)

REPLY to Response to 41 MOTION to Certify Class filed by Brenda Brown. (Attachments: # 1 Affidavit of Brenda Brown)(pam) (Entered: 08/02/2010)

JOINT MOTION for Continuance of Class Certification Hearing and MOTION for Leave to Supplement re: 41 MOTION to Certify Class by Brenda Brown, City of Barre, Vermont, Carol Dawes.(pam). Added MOTION for Leave to File and hyperlink on 8/4/2010 (law). (Entered: 08/04/2010)

ORDER granting 46 JOINT MOTION for Continuance of Class Certification Hearing and MOTION for Leave to Supplement 41 Motion to Certify Class. Signed by Judge Christina Reiss on 8/4/2010. (This is a text only Order.) (rmr) (Entered: 08/04/2010)

NOTICE of Hearing re: 41 MOTION to Certify Class. Motion Hearing set for 9/9/2010, 9:30 AM in Burlington Courtroom 440 before Judge Christina Reiss. (pjl) (Entered: 08/10/2010)

RECEIVED proposed Stipulated Discovery Schedule/Order by Brenda Brown, City of Barre, Vermont, Carol Dawes.(law)

STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 3/13/2011. Motions due by 5/6/2011. Early Neutral Evaluation set for 11/10/2010. Signed by Judge Christina Reiss on 8/30/2010. (pam) (Entered: 08/31/2010)

MOTION to Intervene by Earl Brooks. (Attachments: # 1 Claims, # 2 Affidavit of Earl Brooks)(pam) (Entered: 09/09/2010)

NOTICE OF DOCKET ENTRY CORRECTION re: 50 MOTION to Intervene filed by Earl Brooks. The Claims attachment was missing a page and has been replaced on the docket. The corrected image is also attached to this entry. (jlh) (Entered: 09/09/2010)

MINUTE ENTRY for proceedings held before Judge Christina Reiss: Hearing held on 9/9/2010 re: 41 MOTION to Certify Class filed by Brenda Brown. Pltf present with counsel, C. Curtis, Esq. and K. Richards, Esq. Dft Carolyn Dawes present with counsel, J. Farnham, Esq. The Clerk swears/affirms the following witnesses for pltf: Brenda Brown & Carolyn Dawes. Counsel makes statements and the court makes inquiries. ORDERED: 41 MOTION to Certify Class taken under advisement. Pltf's post-hearing memorandum is due by 9/23/2010, dft's response is due by 9/30/2010 and pltf's reply is due by 10/7/2010. (Court Reporter: taped) (pjl) (Entered: 09/10/2010)

JOINT MOTION for Enlargement of Time to File Response/Reply as to 50 MOTION to Intervene by Brenda Brown, City of Barre, Vermont, Carol Dawes.(pam) (Entered: 09/16/2010)

ORDER granting 53 JOINT MOTION for Extension of Time to File Response/Reply re: 50 MOTION to Intervene. Dft Brooks's response is due by 9/30/2010, pltf's reply is due by 10/7/2010. Signed by Judge Christina Reiss on 9/16/2010. (This is a text only Order.) (pjl) (Entered: 09/16/2010)

SUPPLEMENTAL MEMORANDUM by Brenda Brown in support of 41 MOTION to Certify Class. (pam) (Entered: 09/24/2010)

RESPONSE in Opposition re 50 MOTION to Intervene filed by City of Barre, Vermont, Carol Dawes. (pam) (Entered: 10/01/2010)

RESPONSE in Opposition to Supplemental Memorandum in Support of 41 Motion to Certify Class by City of Barre, Vermont, Carol Dawes. (pam) (Entered: 10/01/2010)

DISCOVERY CERTIFICATE - Initial Disclosures by Brenda Brown.(pam) (Entered: 10/01/2010)

DISCOVERY CERTIFICATE - Initial Disclosures by City of Barre, Vermont, Carol Dawes.(pam) (Entered: 10/05/2010)

REPLY to Response to Supplemental Memorandum re 41 MOTION to Certify Class filed by Brenda Brown. (Attachments: # 1 Exhibit A)(pam) (Entered: 10/07/2010)

REPLY to Response to 50 MOTION to Intervene filed by Earl Brooks. (pam) (Entered: 10/07/2010)

SUPPLEMENTAL MOTION for Permissive Intervention by Earl Brooks.(pam) (Entered: 10/07/2010)

RESPONSE in Opposition re 62 SUPPLEMENTAL MOTION for Permissive Intervention filed by City of Barre, Vermont, Carol Dawes. (pam) (Entered: 10/18/2010)

OBJECTION to Purported New Evidence and Supporting Memorandum re: 60 Reply to Response to Supplemental Memorandum re 41 Motion to Certify Class by City of Barre, Vermont, Carol Dawes. (pam) (Entered: 10/18/2010)

UNOPPOSED MOTION to Continue Early Neutral Evaluation by Brenda Brown.(hbc) (Entered: 10/21/2010)

ORDER granting 65 Motion to Continue Early Neutral Evaluation. Signed by Judge Christina Reiss on 10/21/2010. (This is a text only Order.) (cle) (Entered: 10/21/2010)

REPLY to Response to 62 SUPPLEMENTAL MOTION for Permissive Intervention filed by Earl Brooks. (pam) (Entered: 10/28/2010)

DISCOVERY CERTIFICATE - Request for Admissions and Second Set of Interrogatories and Requests to Produce by Brenda Brown.(pam) (Entered: 11/30/2010)

OPINION AND ORDER granting 41 Motion to Certify Class and 62 Motion to Intervene Permissively; and denying 50 Motion to Intervene as of Right as moot. Signed by Judge Christina Reiss on 12/13/2010. (pam) (Main Document 69 replaced on 12/14/2010) (law) (Entered: 12/13/2010)

NOTICE OF DOCKET ENTRY CORRECTION re: 69 Opinion and Order. The original image contained a typographical error and has been corrected. The corrected image is now attached to 69 and is also attached to this entry. (law) (Main Document 70 replaced on 12/15/2010) (law). (Entered: 12/14/2010)

DISCOVERY CERTIFICATE - Responses to First Set of Requests to Admit by City of Barre, Vermont and Carol Dawes.(pam) (Entered: 12/29/2010)

ENE LETTER to counsel re: ENE session date.(hbc) (Entered: 01/12/2011)

ENE LETTER re: session date by Earl Brooks, Brenda Brown.(hbc) (Entered: 01/19/2011)

ENTRY ORDER: Requiring Plaintiffs' Counsel to Provide Proof of Rule 5.1(a) Compliance and to Seek Class Counsel Status. Proof of compliance due within fourteen (14) days of the date of this Order. Vermont Legal Aid to address whether it should be named class counsel within twenty (20) days of the date of this Order. Signed by Chief Judge Christina Reiss on 1/25/2011. (pam) (Entered: 01/26/2011)

REPORT of Early Neutral Evaluation: No settlement.(hbc) (Entered: 02/01/2011)

MOTION to Consolidate Case with 5:10-cv-289, Jennifer Kasuba v. City of Rutland, et al by Brenda Brown. (Attachments: # 1 Statement of Consent, # 2 Text of Proposed Order)(wjf) (Entered: 02/24/2011)

ORDER granting 76 Motion to Consolidate Case with 5:10-cv-289, Jennifer Kasuba v. City of Rutland, et al. Signed by Chief Judge Christina Reiss on 2/25/2011. (wjf) (Entered: 02/25/2011)

MOTION for Leave to File Amicus Brief Addressing Constitutionality of the Vermont Uniform Water Disconnect Statute by Vermont Attorney General's Office.(pam) (Entered: 03/23/2011)

ORDER granting 78 Motion for Leave to File Amicus Brief. Signed by Chief Judge Christina Reiss on 3/30/2011. (This is a text only Order.) (cle) (Entered: 03/30/2011)

NOTICE of Hearing: Status Conference set for 4/12/2011 at 1:00 PM in Burlington Courtroom 440 before Chief Judge Christina Reiss. (pam) (Entered: 04/04/2011)

DISCOVERY CERTIFICATE - Responses to Second Set of Interrogatories and Requests to Produce by City of Barre, Vermont, and Carol Dawes.(pam) (Entered: 04/05/2011)

DISCOVERY CERTIFICATE - First Requests to Admit, and First Interrogatories and Requests to Produce by Jennifer Kasuba.(pam) Text modified on 4/7/2011 (law). (Entered: 04/07/2011)

RECEIVED Proposed First Amended Stipulated Discovery Schedule/Order by Brenda Brown, City of Barre, Vermont, City of Rutland, VT, Carol Dawes, Jennifer Kasuba, Pamela Petrie, James Simonds, Wendy L. Wilton.(law) Text clarified on 4/12/2011 (jlh).

MINUTE ENTRY for proceedings held before Chief Judge Christina Reiss: Status Conference held on 4/12/2011. C. Curtis, Esq. and M. O'Reilly, Esq. present for pltfs. J. Farnham, Esq. present for dfts. Court makes inquiries re: case status. Discovery deadlines have expired and class has been certified. Counsel has not made a request for class counsel. ORDERED: Motion to assign class counsel is to be filed by 4/29/11. The parties discovery schedule will be granted, but no further extensions of time will be granted. (Court Reporter: recorded) (pjl) (Entered: 04/12/2011)

FIRST AMENDED STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 9/15/2011. Motions due by 11/15/2011. Early Neutral Evaluation shall be conducted on or before 6/15/2011. Ready for Trial by 1/31/2012. Signed by Chief Judge Christina Reiss on 4/12/2011. (pam) (Entered: 04/12/2011)

MOTION to Appoint Class Counsel by Earl Brooks, Brenda Brown. (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Christopher J. Curtis, Esq., # 3 Affidavit of Karen L. Richards, Esq., # 4 Grant Request, # 5 Certificate of Service)(pam) (Entered: 04/26/2011)

DISCOVERY CERTIFICATE - Initial Disclosures by Jennifer Kasuba.(pam) (Entered: 04/29/2011)

DISCOVERY CERTIFICATE - Initial Disclosures to Plaintiff Kasuba by City of Rutland, VT, Pamela Petrie, James Simonds, Wendy L. Wilton.(pam) (Entered: 05/02/2011)

DISCOVERY CERTIFICATE - Responses to Plaintiff Kasuba's First Request for Admissions by City of Rutland, VT, Pamela Petrie, James Simonds, Wendy L. Wilton.(pam) (Entered: 05/06/2011)

RESPONSE to 85 MOTION to Appoint Class Counsel filed by City of Barre, Vermont, Carol Dawes. (pam) (Entered: 05/06/2011)

RECEIVED proposed Stipulted Order of Dismissal of Claims Against Defendants Dawes, Wilton, Simonds and Petrie, and Amendment of Caption by Carol Dawes, James Simonds, Wendy L. Wilton, Pamela Petrie, Earl Brooks, Brenda Brown, City of Barre, Vermont, Jennifer Kasuba. (law)

ORDER granting 85 Motion to Appoint Karen L. Richards, Esq. and Christopher J. Curtis, Esq. as Class Counsel. Signed by Chief Judge Christina Reiss on 5/10/2011. (pam) (Entered: 05/10/2011)

STIPULATED ORDER of Dismissal of Claims Against Defendants Dawes, Wilton, Simonds, and Petrie, and Amendment of Caption. Claims dismissed without prejudice. James Simonds, Wendy L. Wilton, Carol Dawes and Pamela Petrie terminated. Signed by Chief Judge Christina Reiss on 5/16/2011. (pam) (Entered: 05/16/2011)

TRANSCRIPT of hearing re: 41 Motion to Certify Class held on 9/9/2010, before Judge Christina Reiss. Court Reporter/Transcriber J. Badeau, Court Reporters Associates, telephone number 802-862-4593. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/23/2011. Redacted Transcript Deadline set for 7/5/2011. Release of Transcript Restriction set for 9/1/2011. (pjl) (Entered: 06/01/2011)

DISCOVERY CERTIFICATE - Responses to Plaintiff Kasuba's First Interrogatories and Requests to Produce by City of Rutland, VT. (pam) (Entered: 06/02/2011)

REPORT of Early Neutral Evaluation: settlement was reached during the ENE session but settlement is conditioned on approval by the Rutland City Board of Alderman.(law) (Entered: 06/13/2011)

STIPULATED MOTION for Dismissal of Jennifer Kasuba's Claims with Prejudice filed by City of Rutland, Vermont & Jennifer Kasuba. (pjl) (Entered: 07/28/2011)

ORDER granting 95 Stipulated Motion to Dismiss Jennifer Kasuba's Claims With Prejudice. Signed by Chief Judge Christina Reiss on 7/28/2011. (This is a text only Order.) (cle) (Entered: 07/28/2011)