Case: Brown v. City of Barre

5:10-cv-00081 | U.S. District Court for the District of Vermont

Filed Date: April 7, 2010

Closed Date: March 21, 2013

Clearinghouse coding complete

Case Summary

This is a case about a Vermont statute that allegedly violated the plaintiffs' constitutional rights by turning off their water when their landlords failed to make water payments. On April 12, 2011, a resident of the City of Barre, Vermont filed this class action lawsuit in the United States District Court for the District of Vermont after originally pursuing the case in state court. The sought class identification in the complaint included all tenants in Barre who consume water services provid…

This is a case about a Vermont statute that allegedly violated the plaintiffs' constitutional rights by turning off their water when their landlords failed to make water payments. On April 12, 2011, a resident of the City of Barre, Vermont filed this class action lawsuit in the United States District Court for the District of Vermont after originally pursuing the case in state court. The sought class identification in the complaint included all tenants in Barre who consume water services provided by the defendant city under rental agreements providing that their landlords will include water services as part of the rental agreement. The tenants sued the city and its town clerk and credit supervisor via 42 U.S.C. § 1983 under state law, city ordinances, the Fourteenth Amendment. Represented by Vermont Legal Aid,  the tenants sought declaratory relief, attorneys fees, class action certification and damages. They also sought temporary and permanent injunctive relief ordering the city to restore water service to the named plaintiff’s premises and any other rental units occupied by tenants whose water service had been disconnected due to nonpayment by the landlord/ratepayer and to refrain from terminating the water service to such plaintiffs in the future. 

The tenants claimed that the defendant city’s town clerk and credit supervisor shut off the named plaintiff’s water due to the landlord’s nonpayment despite the tenants’ counsel informing that defendant that shutting off the water would be illegal. Other members of the class lost water service, despite not owing the water bill. The premises were uninhabitable, and caused the tenants irreparable harm including lack of hygiene and sanitation, inconvenience, anxiety and suffering. The tenants argued the city violated Vermont statutes by holding the tenants, not the noncompliant ratepayer responsible for the nonpayment, causing a public health hazard. The tenants also argued they were denied due process by the denial of pre or post termination hearings to determine their rights. 

This lawsuit originated in Vermont Superior Court February 17, 2010. The state court granted a preliminary injunction to compel the reconnection of the water. The lawsuit was removed from the state court April 7, 2010, and assigned to United States District Judge Christina Reiss. The parties proceeded with discovery and the tenants filed an amended complaint June 29, 2010, adding an Equal Protection claim. The tenants argued the city treated tenants who landlords are in default of their payments for water service differently than tenants whose landlords are not in default.

On July 8, 2010, the tenants moved for class certification, and it was granted on December 13, 2010. Judge Reiss found the fluid composition of the rental housing population was particularly well-suited for class status because though the identity of the individuals may change, the nature of the harm and the basic parameters of the group affected remain constant. Judge Reiss also found the tenants requests for injunctive and declaratory relief gave rise to a presumption of commonality and typicality. The tenants’ counsel’s adequacy was unquestioned, and the tenants had no conflicts of interest. The city had acted on grounds that applied to the whole class, as all the non-ratepaying tenants would seek restored water.

The class was certified as: “all tenants in the City of Barre, Vermont from February 17, 2007, to the present whose leases include City water paid for by the landlord/ratepayer and who have had or are at risk of having their water service disconnected by the City because their landlord/ratepayer's water bill was or is in default.” The city argued the case was moot since the named plaintiff had moved outside the city. A new named plaintiff intervened who continued to be threatened by the city’s water disconnection policies. 2010 WL 5141783.

On February 25, 2011, this lawsuit was consolidated with Jennifer Kasuba v. City of Rutland (5:10-cv-289). Filed on December 3, 2010, that lawsuit requested damages and declaratory relief from the City of Rutland’s unlawful termination of water service a tenant due to her landlord’s delinquent account. This tenant also claimed due process and equal protection violations. However, on July 28, 2011, Judge Reiss granted this new case’s stipulated order to dismiss.

In May of 2011 the parties stipulated to dismiss the claims against the individual city employees and proceed solely against the city defendants. On September 15, 2011, Judge Reiss granted a voluntary dismissal of the state law claims.

On October 5, 2011, the tenants filed a second amended complaint, including new facts about and claims for damages and attorneys fees for the intervened named tenant and adding a procedural due process claim. The tenants alleged their rights were violated as there was no provision to appeal the validity of the charges or the tenants’ liability prior to discontinuation of water service.

Both parties moved for summary judgment, the city on October 26 and the tenants on November 28, 2012. The court issued its opinion on July 12, 2012. The tenants reiterated the alleged violation of the Fourteenth Amendment based upon both state and city laws, claiming each deprived the tenants of a protected property interest in water service without procedural due process of law. Judge Reiss found the tenants offered no evidence that the city and their landlords intended to give the tenants a contractual entitlement to water service, but the city’s charter offers water service to all inhabitants. Judge Reiss denied the procedural due process claim as to the state law, finding that a hearing would merely repeat the information already noticed to tenants, whose primary recourse is against their landlord. However, Judge Reiss found that the city was not giving reasonable notice or providing a right to a hearing, violating the tenants’ right to procedural due process. Judge Reiss denied the city’s motion for summary judgment and granted the tenants' on the procedural due process claim.

Judge Reiss found the city’s practice of requiring repayment before restoring water service was not irrational, arbitrary, or a gross abuse of governmental authority, as would be required for a substantive due process claim. Judge Reiss granted the city’s motion for summary judgment and denied the tenants on that claim. Regarding the equal protection claim, Judge Reiss found that tenants whose landlords are delinquent in payment of their water bills, and tenants whose landlords are not, were not similarly situated. Neither were property owners and tenants. Judge Reiss granted the city’s motion for summary judgment on the equal protection claim and denied the tenants'. 878 F.Supp.2d 469.

On February 20, 2013 Judge Reiss approved the parties' joint motion in support of a settlement agreement. The city paid the original named tenant $10,000, the intervening tenant $500, and $59,862 in lawyers fees.

The lawsuit was dismissed pursuant the settlement agreement March 21, 2013. The case is closed.

Summary Authors

Zoe Van Dyke (12/19/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4984931/parties/brown-v-city-of-barre-vermont/


Judge(s)

Reiss, Christina Clair (Vermont)

show all people

Documents in the Clearinghouse

Document
8

Complaint

Vermont state trial court

Feb. 17, 2010

Feb. 17, 2010

Complaint
3

5:10-cv-00081

Defendants' Answer

April 7, 2010

April 7, 2010

Pleading / Motion / Brief
69

5:10-cv-00081

Opinion and Order Granting Motion for Class Action Certification and Granting Motion to Intervene

Dec. 13, 2010

Dec. 13, 2010

Order/Opinion

2010 WL 2010

5:10-cv-00081

Second Amended Complaint Class Action

Oct. 5, 2011

Oct. 5, 2011

Complaint
125

5:10-cv-00081

Opinion and Order Granting In Part and Denying In Part Defendants' Motion For Summary Judgment and Plaintiffs' Cross-Motion for Summary Judgment

July 12, 2012

July 12, 2012

Order/Opinion

878 F.Supp.3d 878

128

5:10-cv-00081

Joint Motion in Support of Settlement and Memorandum in Support

Dec. 5, 2012

Dec. 5, 2012

Pleading / Motion / Brief
134

5:10-cv-00081

Order Approving Settlement Agreement

Feb. 20, 2013

Feb. 20, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4984931/brown-v-city-of-barre-vermont/

Last updated March 8, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

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)

April 7, 2010

April 7, 2010

PACER
2

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

April 7, 2010

April 7, 2010

PACER
3

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

April 7, 2010

April 7, 2010

Clearinghouse
4

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

April 7, 2010

April 7, 2010

PACER
5

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

April 12, 2010

April 12, 2010

PACER
6

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

April 12, 2010

April 12, 2010

PACER
7

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)

April 12, 2010

April 12, 2010

PACER
8

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)

April 12, 2010

April 12, 2010

PACER
9

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)

April 12, 2010

April 12, 2010

PACER
10

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)

April 12, 2010

April 12, 2010

PACER
11

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)

April 12, 2010

April 12, 2010

PACER
12

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)

April 12, 2010

April 12, 2010

PACER
13

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)

April 12, 2010

April 12, 2010

PACER
14

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)

April 12, 2010

April 12, 2010

PACER
15

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)

April 12, 2010

April 12, 2010

PACER
16

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)

April 12, 2010

April 12, 2010

PACER
17

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)

April 12, 2010

April 12, 2010

PACER
18

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

April 12, 2010

April 12, 2010

PACER
19

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)

April 12, 2010

April 12, 2010

PACER
20

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)

April 12, 2010

April 12, 2010

PACER
21

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)

April 12, 2010

April 12, 2010

PACER
22

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)

April 12, 2010

April 12, 2010

PACER
23

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)

April 12, 2010

April 12, 2010

PACER
24

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)

April 12, 2010

April 12, 2010

PACER
25

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)

April 12, 2010

April 12, 2010

PACER
26

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

April 13, 2010

April 13, 2010

PACER
27

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

April 15, 2010

April 15, 2010

PACER
28

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)

April 16, 2010

April 16, 2010

PACER
29

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

May 4, 2010

May 4, 2010

PACER
30

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)

May 12, 2010

May 12, 2010

PACER
31

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

May 28, 2010

May 28, 2010

PACER

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

May 28, 2010

May 28, 2010

PACER
32

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

June 3, 2010

June 3, 2010

PACER
33

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)

June 7, 2010

June 7, 2010

PACER
34

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)

June 7, 2010

June 7, 2010

PACER
35

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

June 10, 2010

June 10, 2010

PACER
36

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)

June 14, 2010

June 14, 2010

PACER
37

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

June 25, 2010

June 25, 2010

PACER
38

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)

June 29, 2010

June 29, 2010

PACER
39

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

June 29, 2010

June 29, 2010

PACER
40

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

July 8, 2010

July 8, 2010

PACER
41

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

July 8, 2010

July 8, 2010

PACER
42

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

July 13, 2010

July 13, 2010

PACER
43

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)

July 19, 2010

July 19, 2010

PACER
44

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)

July 26, 2010

July 26, 2010

PACER
45

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

Aug. 2, 2010

Aug. 2, 2010

PACER
46

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)

Aug. 4, 2010

Aug. 4, 2010

PACER
47

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)

Aug. 4, 2010

Aug. 4, 2010

PACER
48

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)

Aug. 10, 2010

Aug. 10, 2010

PACER

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

Aug. 27, 2010

Aug. 27, 2010

PACER
49

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)

Aug. 31, 2010

Aug. 31, 2010

PACER
50

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

Sept. 9, 2010

Sept. 9, 2010

PACER
51

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)

Sept. 9, 2010

Sept. 9, 2010

PACER
52

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)

Sept. 9, 2010

Sept. 9, 2010

PACER
53

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)

Sept. 16, 2010

Sept. 16, 2010

PACER
54

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)

Sept. 16, 2010

Sept. 16, 2010

PACER
55

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

Sept. 24, 2010

Sept. 24, 2010

PACER
56

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

Sept. 30, 2010

Sept. 30, 2010

PACER
57

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)

Sept. 30, 2010

Sept. 30, 2010

PACER
58

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

Oct. 1, 2010

Oct. 1, 2010

PACER
59

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

Oct. 5, 2010

Oct. 5, 2010

PACER
60

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)

Oct. 7, 2010

Oct. 7, 2010

PACER
61

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

Oct. 7, 2010

Oct. 7, 2010

PACER
62

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

Oct. 7, 2010

Oct. 7, 2010

PACER
63

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

Oct. 15, 2010

Oct. 15, 2010

PACER
64

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)

Oct. 15, 2010

Oct. 15, 2010

PACER
65

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

Oct. 21, 2010

Oct. 21, 2010

PACER
66

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)

Oct. 21, 2010

Oct. 21, 2010

PACER
67

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

Oct. 28, 2010

Oct. 28, 2010

PACER
68

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

Nov. 30, 2010

Nov. 30, 2010

PACER
69

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)

Dec. 13, 2010

Dec. 13, 2010

Clearinghouse
70

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)

Dec. 14, 2010

Dec. 14, 2010

PACER
71

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

Dec. 29, 2010

Dec. 29, 2010

PACER
72

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

Jan. 12, 2011

Jan. 12, 2011

PACER
73

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

Jan. 19, 2011

Jan. 19, 2011

PACER
74

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)

Jan. 26, 2011

Jan. 26, 2011

PACER
75

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

Feb. 1, 2011

Feb. 1, 2011

PACER
76

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)

Feb. 24, 2011

Feb. 24, 2011

PACER
77

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)

Feb. 25, 2011

Feb. 25, 2011

PACER
78

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)

March 23, 2011

March 23, 2011

PACER
79

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)

March 30, 2011

March 30, 2011

PACER
80

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)

April 4, 2011

April 4, 2011

PACER
81

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)

April 5, 2011

April 5, 2011

PACER
82

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)

April 7, 2011

April 7, 2011

PACER

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).

April 11, 2011

April 11, 2011

PACER
83

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)

April 12, 2011

April 12, 2011

PACER
84

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)

April 12, 2011

April 12, 2011

PACER
85

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)

April 26, 2011

April 26, 2011

PACER
86

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

April 29, 2011

April 29, 2011

PACER
87

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

May 2, 2011

May 2, 2011

PACER
88

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)

May 6, 2011

May 6, 2011

PACER
89

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

May 6, 2011

May 6, 2011

PACER

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)

May 6, 2011

May 6, 2011

PACER
90

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)

May 10, 2011

May 10, 2011

PACER
91

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)

May 16, 2011

May 16, 2011

PACER
92

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)

June 1, 2011

June 1, 2011

PACER
93

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

June 2, 2011

June 2, 2011

PACER
94

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)

June 13, 2011

June 13, 2011

PACER
95

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

July 28, 2011

July 28, 2011

PACER
96

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)

July 28, 2011

July 28, 2011

PACER

Case Details

State / Territory: Vermont

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: April 7, 2010

Closing Date: March 21, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a class of all tenants in the City of Barre, Vermont from February 17, 2007, to July 8, 2010 whose leases include City water paid for by the landlord/ratepayer and who have had or are at risk of having their water service disconnected by the City because their landlord/ratepayer's water bill was or is in default

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Barre (Barre, Washington), City

Barre Town Clerk and Credit Supervisor (Barre, Washington), City

City of Rutland (Rutland, Rutland), City

Rutland City Treasurer (Rutland, Rutland), City

Rutland City Building Inspector (Rutland, Rutland), City

Assistant Building Inspector and Rutland City Health Officer (Rutland, Rutland), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $70,362.00

Issues

General/Misc.:

Food service / nutrition / hydration

Housing

Sanitation / living conditions