Case: Bock v. Gold

1:05-cv-00151 | U.S. District Court for the District of Vermont

Filed Date: June 7, 2005

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On June 7, 2005, Plaintiff, a Jewish former prisoner, filed a complaint in the United States District Court for the District of Vermont under 42 U.S.C. §1983 and the Religious Land Use and Institutionalized Persons Act against five employees of the Vermont Department of Corrections (DOC) in their official and individual capacities. The plaintiff, represented by private counsel, asked the court for damages and injunctive relief, alleging that the employees of the DOC denied or limited his abilit…

On June 7, 2005, Plaintiff, a Jewish former prisoner, filed a complaint in the United States District Court for the District of Vermont under 42 U.S.C. §1983 and the Religious Land Use and Institutionalized Persons Act against five employees of the Vermont Department of Corrections (DOC) in their official and individual capacities. The plaintiff, represented by private counsel, asked the court for damages and injunctive relief, alleging that the employees of the DOC denied or limited his ability to practice his Jewish faith during the time he was incarcerated. Specifically, the plaintiff claimed that the employees denied him minor modifications that would allow the plaintiff to observe his Jewish religion in a meaningful manner and denied his requests for certain food and religious items to celebrate Jewish holidays.

The defendants moved for summary judgment claiming that sovereign immunity protects the employees of the DOC from being sued in their official capacities and that injunctive relief was moot because the plaintiff was no longer incarcerated. On November 28, 2007, the District Court (Magistrate Judge Jerome J. Niedermeier) filed a report recommending that summary judgment be denied in part and granted in part. Judge Niedermeier agreed with the defendants that the claim for injunctive relief should be dismissed as moot and that the defendants were protected under the 11th Amendment in their official capacities. However, the report stated that the plaintiff produced enough evidence to make a reasonable inference of malice to support his claims for punitive damages against certain defendants in their individual capacities.

A settlement agreement was filed with the court and approved on March 21, 2008. The plaintiff agreed to release all claims against the State of Vermont and each of the named defendants in the present case in exchange for $25,000 and the acknowledgement that certain providers of religious food and articles are appropriate pursuant to the DOC's policies on religious observances. The parties agreed to dismiss the action with prejudice.

Summary Authors

Ashley Grolig (10/16/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4816463/parties/bock-v-gold/


Judge(s)

Murtha, John Garvan (Vermont)

Attorney for Plaintiff

Hauptman, Aaron H. (New York)

Kade, Barry (Vermont)

Attorney for Defendant

Cassidy, Richard T (Vermont)

Kuehl, Kurt A. (Vermont)

Judge(s)

Murtha, John Garvan (Vermont)

Niedermeier, Jerome J. (Vermont)

show all people

Documents in the Clearinghouse

Document

1:05-cv-00151

Docket [PACER]

March 21, 2008

March 21, 2008

Docket
4

1:05-cv-00151

Civil Rights Complaint

June 7, 2005

June 7, 2005

Complaint
4

1:05-cv-00151

Civil Rights Complaint Pursuant to 42 U.S.C. Section 1983 and the Religious Land Use and Institutionalized Persons Act

June 7, 2005

June 7, 2005

Complaint
57-1

1:05-cv-00151

Defendants' Motion for Summary Judgment [Part Two]

Feb. 23, 2007

Feb. 23, 2007

Pleading / Motion / Brief
57

1:05-cv-00151

Defendants' Motion for Summary Judgment [Part One]

Feb. 23, 2007

Feb. 23, 2007

Pleading / Motion / Brief
77

1:05-cv-00151

Magistrate Judge's Report and Recommendation

Nov. 28, 2007

Nov. 28, 2007

Order/Opinion
80

1:05-cv-00151

Ruling on Magistrate Judge's Report and Recommendation

Feb. 7, 2008

Feb. 7, 2008

Order/Opinion

2008 WL 2008

85

1:05-cv-00151

Order of Dismissal

March 12, 2008

March 12, 2008

Order/Opinion
86

1:05-cv-00151

Stipulation to Dismiss with Prejudice

March 21, 2008

March 21, 2008

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4816463/bock-v-gold/

Last updated Jan. 28, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

MOTION for Leave to Proceed in forma pauperis by Gordon Bock. Responses due by 6/17/2005. Note: 3 additional days will be allowed for mailing in accordance with L.R. 6.1. (Attachments: # Complaint)(jlh, ) Additional attachment(s) added on 6/6/2005 (jse, ). (Entered: 06/03/2005)

June 3, 2005

June 3, 2005

2

AFFIDAVIT of Gordon Bock in re: 1 MOTION for Leave to Proceed in forma pauperis by Gordon Bock. (jlh, ) (Entered: 06/03/2005)

June 3, 2005

June 3, 2005

3

ORDER granting 1 Motion for Leave to Proceed in forma pauperis. Signed by Judge Jerome J. Niedermeier on 6/7/2005. (jlh, ) (Entered: 06/08/2005)

June 7, 2005

June 7, 2005

4

COMPLAINT against Steven Gold, Janice Ryan, Susan Blair, David Turner, Stuart Gladding filed by Gordon Bock. Waivers issued. LR 73.1 Form Issued.(jlh, ) (Entered: 06/08/2005)

June 7, 2005

June 7, 2005

5

RETURN OF SERVICE Executed. Steven Gold served on 7/29/2005, answer due 8/18/2005. (jlh, ) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

6

RETURN OF SERVICE Executed. Susan Blair served on 7/29/2005, answer due 8/18/2005. (jlh, ) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

7

RETURN OF SERVICE Executed. Janice Ryan served on 7/29/2005, answer due 8/18/2005. (jlh, ) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

8

RETURN OF SERVICE Executed. Stuart Gladding served on 7/29/2005, answer due 8/18/2005. (jlh, ) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

9

RETURN OF SERVICE Executed. David Turner served on 7/29/2005, answer due 8/18/2005. (jlh, ) (Entered: 08/02/2005)

Aug. 2, 2005

Aug. 2, 2005

10

ANSWER to Complaint by Steven Gold, Janice Ryan, Susan Blair, David Turner, Stuart Gladding.(jlh, ) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

11

CERTIFICATE OF SERVICE by Steven Gold, Janice Ryan, Susan Blair, David Turner, Stuart Gladding in re 10 Answer to Complaint (jlh, ) (Entered: 08/08/2005)

Aug. 8, 2005

Aug. 8, 2005

12

ORDER: parties are to comply with Local Rule 26.1(b)(1) within 10 days of the date of this order. Signed by Judge Jerome J. Niedermeier on 9/8/2005. (jlh, ) (Entered: 09/08/2005)

Sept. 8, 2005

Sept. 8, 2005

RECEIVED (proposed) Stipulated Discovery Schedule/Order by Gordon Bock, Steven Gold, Janice Ryan, Susan Blair, David Turner, Stuart Gladding.(law) (Entered: 09/19/2005)

Sept. 19, 2005

Sept. 19, 2005

13

STIPULATED DISCOVERY SCHEDULE/ORDER; Discovery due by 4/1/2006. Motions due by 5/1/2006. Early Neutral Evaluation shall be conducted on or before 12/2/2005. Ready for Trial by 6/1/2006. Signed by Judge Jerome J. Niedermeier on

Sept. 21, 2005

Sept. 21, 2005

15

CERTIFICATE OF SERVICE − First Set of Interrogatories and Requests for Production of Documents by Pltf Gordon Bock.(kac, ) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

16

CERTIFICATE OF SERVICE − First Set of Interrogatories and Requests for Production of Documents by Steven Gold.(gmg, ) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

17

Notice of Deposition of Gordon Bock by Steven Gold, Janice Ryan, Susan Blair, David Turner, Stuart Gladding.(gmg, ) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

18

DISCOVERY CERTIFICATE − First Set of Requests for Admissions by Gordon Bock.(wjf, ) (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

19

MOTION for Extension of Time for dfts to file a motion for summary judgment by Steven Gold, Janice Ryan, Susan Blair, David Turner, Stuart Gladding. Responses due by 5/12/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(law) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

20

ORDER granting 19 Motion to Extend Time . Signed by Judge Jerome J. Niedermeier on 05/16/06. (This is a text only Order.) (mld) (Entered: 05/16/2006)

May 16, 2006

May 16, 2006

Reset Scheduling Order Deadlines: Motions due by 7/1/2006 per Doc 20 (jjj, ) (Entered: 05/16/2006)

May 16, 2006

May 16, 2006

21

REPLY to 19 MOTION for Extension of Time for dfts to file a motion for summary judgment filed by Gordon Bock. (law) (Entered: 05/18/2006)

May 18, 2006

May 18, 2006

22

AMENDED REPLY to 19 MOTION to Extension of Time for dfts to file a motion for summary judgment filed by Gordon Bock. (Attachments: #(1) attachment 1; #(2) attachment A; #(3) attachment B; #(4) Certificate of Service). Next Entry same image.(gmg, ) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

23

MOTION to Admit Plaintiff's Requests for Admissions, First Set (FRCP 36); MOTION for the Court to Quash Subpoena of Plaintiff's Counseling Records under FRE 403 and FRCP 26(b)(1). Responses due by 6/8/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (Attachments: #(1) attachment 1; #(2) attachment A; #(3)attachment B; #(4) Certificate of Service). This image same as previous entry.(gmg, ) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

24

LETTER from Gordon Bock stating he agreed to extending deadline to a 5/1/06 extension for defendants to answer plaintiff's requests for admissions. (gmg, ) (Entered: 05/25/2006)

May 25, 2006

May 25, 2006

25

DEFENDANT'S OPPOSITION to 23 MOTION to Admit Plaintiff's Requests for Admissions First Set (FRCP 36) filed by Steven Gold, Janice Ryan, Susan Blair, David Turner, Stuart Gladding. (gmg, ) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

26

OPPOSITION to 23 MOTION to Quash Subpoena of Plaintiff's Counseling Records Under F.R.E. 403 and FRCP 26(b)(1) filed by Steven Gold, Janice Ryan, Susan Blair, David Turner. (Attachments: # 1 Exhibit A part 1 of 3# 2 Exhibit A part 2 of 3# 3 Exhibit B part 3 of 3)(gmg, ) Modified on 5/31/2006 (jse, ). (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

27

CERTIFICATE OF SERVICE − Answers to Requests for Admissions, First Set by David Turner.(gmg, ) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

28

CERTIFICATE OF SERVICE − Answers to Requests for Admissions, First Set by Janice Ryan.(gmg, ) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

29

CERTIFICATE OF SERVICE − Answers to Requests for Admissions, First Set by Stuart Gladding.(gmg, ) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

31

CERTIFICATE OF SERVICE − Answers to Requests for Admissions, First Set by Steven Gold.(gmg, ) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

32

ORDER denying 23 Bock's motion to admit the items set forth in his request for admissions is DENIED. Bock's motion to quash is also DENIED, subject to reconsideration if Bock informs the defendants and the Court that he is not seeking damages for emotional harm, and that he will not raise the issue of emotional harm at any future stage in this case. Signed by Judge Jerome J. Niedermeier on 6/13/06. (jjj, ) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

33

REPLY to 32 Order denying 23 Bock's motion to admit the items set forth in his request for admissions and denying Motion to Quash, by Gordon Bock. (jlh) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

34

JOINT MOTION to Amend 13 Stipulated Discovery Schedule / Order by Gordon Bock, Steven Gold, Janice Ryan, Susan Blair, David Turner, Stuart Gladding. (Attachments: # 1 Redlined Discovery Schedule# 2 Proposed Discovery Schedule)(wjf, ) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

35

ORDERED case no longer referred to Magistrate Judge . Signed by Judge Jerome J. Niedermeier on 7/21/2006. Copy provided to non NEF'd parties. (jlh) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

36

STIPULATED DISCOVERY SCHEDULE/ORDER; Discovery due by 8/1/2006. Motions due by 9/1/2006. Ready for Trial by 11/1/2006. Signed by Judge J. Garvan Murtha on 8/4/2006. Cys to counsel.(kak, ) (Entered: 08/04/2006)

Aug. 4, 2006

Aug. 4, 2006

37

NOTICE of Appearance by Barry Kade on behalf of Gordon Bock (jlh) (Entered: 08/10/2006)

Aug. 10, 2006

Aug. 10, 2006

38

MOTION for Appearance Pro Hac Vice of Aaron H. Hauptman, Esq. by Gordon Bock. Responses due by 8/24/2006. Note: 3 additional days will be allowed for mailing. See 2005 Amendment to Fed. R. Civ. P. 6e, effective Dec. 1, 2005. (jlh) (Entered: 08/10/2006)

Aug. 10, 2006

Aug. 10, 2006

39

AFFIDAVIT of Aaron H. Hauptman, Esq. in support of 38 MOTION to Appear Pro Hac Vice. (jlh) (Entered: 08/10/2006)

Aug. 10, 2006

Aug. 10, 2006

40

ORDER granting 38 Motion for Admission Pro Hac Vice re: Aaron H. Hauptman, Esq. for plaintiff. Signed by Judge J. Garvan Murtha on 8/11/2006. (This is a text only Order.) (kbl, ) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

41

JOINT MOTION to Amend 36 Stipulated Discovery Schedule / Order by Gordon Bock, Steven Gold, Janice Ryan, Susan Blair, David Turner and Stuart Gladding. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(kak) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

42

RECEIVED (proposed) Stipulated Discovery Schedule/Order by Gordon Bock, Steven Gold, Janice Ryan, Susan Blair, David Turner and Stuart Gladding.(kak) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

43

ORDER granting 41 Joint Motion to Amend Stipulated Discovery Schedule/Order. Signed by Judge J. Garvan Murtha on 10/9/2006. (This is a text only Order.) (kbl, ) (Entered: 10/09/2006)

Oct. 9, 2006

Oct. 9, 2006

44

AMENDED STIPULATED DISCOVERY SCHEDULE/ORDER; Motions due by 11/6/2006. Ready for Trial by 1/8/2007. Signed by Judge J. Garvan Murtha on 10/9/2006. Cy to counsel.(wjf) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

45

DISCOVERY CERTIFICATE − Answers to First Set of Interrogatories and Requests for Production of Documents by Stuart Gladding.(wjf) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

46

DISCOVERY CERTIFICATE − Answers to First Set of Interrogatories and Requests for Production of Documents by Susan Blair.(wjf) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

47

DISCOVERY CERTIFICATE − Answers to First Set of Interrogatories and Requests for Production of Documents by Steven Gold.(wjf) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

49

DISCOVERY CERTIFICATE − Answers to First Set of Interrogatories and Requests for Production of Documents by David Turner.(wjf) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

50

MOTION to Extend Time to File Motions for Summary Judgment by Steven Gold, Janice Ryan, Susan Blair, David Turner, Stuart Gladding.(wjf) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

51

ORDER granting absent objection 50 Dfts' Motion to Enlarge Time to File Motions for Summary Judgment. All motions for summary judgment shall be filed by 1/5/2007. Signed by Judge J. Garvan Murtha on 11/27/2006. (This is a text only Order.) (kbl, ) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

52

MOTION to Compel Responses to First Set of Interrogatories and Requests for Production of Documents by Steven Gold. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(wjf) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

53

MOTION to Enlarge Time to File Motion for Summary Judgment by Steven Gold, Janice Ryan, Susan Blair, David Turner and Stuart Gladding.(kak) (Entered: 01/05/2007)

Jan. 4, 2007

Jan. 4, 2007

54

RESPONSE in Opposition re 52 MOTION to Compel filed by Gordon Bock. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Certificate of Service)(Kade, Barry) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

55

ORDER denying as moot 52 Motion to Compel, in view of pltf's recently filed supplemental discovery response appended to 54 Response in Opposition. The motion is denied without prejudice in the event dft finds the responses arguably deficient. Signed by Judge J. Garvan Murtha on 2/1/2007. (This is a text only Order.) (kbl) (Entered: 02/01/2007)

Feb. 1, 2007

Feb. 1, 2007

56

ORDER granting 53 Motion to Enlarge Time to File Motion for Summary Judgment. Dfts shall file their motion for summary judgment, if any, on or before 3/1/2007. Signed by Judge J. Garvan Murtha on 2/1/2007. (This is a text only Order.) (kbl, ) (Entered: 02/01/2007)

Feb. 1, 2007

Feb. 1, 2007

57

MOTION for Summary Judgment by Steven Gold, Janice Ryan, Susan Blair, David Turner, Stuart Gladding. (Attachments: # 1 Motion for Summary Judgment (2 of 2))(wjf). (Entered: 03/01/2007)

Feb. 28, 2007

Feb. 28, 2007

58

STATEMENT OF UNDISPUTED FACTS by Steven Gold, Janice Ryan, Susan Blair, David Turner, Stuart Gladding re: 57 MOTION for Summary Judgment. (Attachments: # 1 Exhibit 1 (1 of 2)# 2 Exhibit 1 (2 of 2)# 3 Exhibit 2# 4 Exhibit 3 (1 of 2)# 5 Exhibit 3 (2 of 2)# 6 Exhibit 4# 7 Exhibit 4, Part 1 (1 of 3)# 8 Exhibit 4, Part 1 (2 of 3)# 9 Exhibit 4, Part 1 (3 of 3)# 10 Exhibit 4, Part 2 (1 of 4)# 11 Exhibit 4, Part 2 (2 of 4)# 12 Exhibit 4, Part 2 (3 of 4)# 13 Exhibit 4, Part 2 (4 of 4)# 14 Exhibit 5# 15 Exhibit 6# 16 Exhibit 7# 17 Exhibit 8# 18 Exhibit 9 (1 of 2)# 19 Exhibit 9 (2 of 2))(wjf, ) (Entered: 03/01/2007)

Feb. 28, 2007

Feb. 28, 2007

59

STIPULATED MOTION for Extension of Time to File Response re 57 MOTION for Summary Judgment by Gordon Bock. (Attachments: # 1 Certificate of Service# 2 Text of Proposed Order)(Kade, Barry) (Entered: 03/27/2007)

March 27, 2007

March 27, 2007

60

ORDER granting 59 Motion for Extension of Time to File Response re 57 MOTION for Summary Judgment. Plaintiff's response shall be filed on or before 4/26/2007. Signed by Judge J. Garvan Murtha on 3/28/2007. (This is a text only Order.) (kbl, ) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

RECEIVED Stipulation re: Additional Time to Respond to 57 Motion for Summary Judgment by Gordon Bock, Steven Gold, Janice Ryan, Susan Blair, David Turner, Stuart Gladding. (law) (Entered: 04/26/2007)

April 26, 2007

April 26, 2007

61

STIPULATION AND ORDER to Extend Time to 5/15/2007 to respond to Defts' 57 Motion for Summary Judgment. Signed by Judge J. Garvan Murtha on 05/3/2007. (wjf) (Entered: 05/03/2007)

May 3, 2007

May 3, 2007

63

ORDER granting 62 Stipulated Motion for Extension of Time to File Response/Reply re 57 MOTION for Summary Judgment. Pltf's response shall be filed by 5/22/2007. Signed by Judge J. Garvan Murtha on 5/17/2007. (This is a text only Order.) (kbl, ) (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

64

STIPULATED MOTION for Extension of Time to 5/31/2007 to File Response to 57 MOTION for Summary Judgment by Gordon Bock, Steven Gold, Janice Ryan, Susan Blair, David Turner, Stuart Gladding.(Kade, Barry) Text clarified, filers added 5/23/2007. (jmm) (Entered: 05/22/2007)

May 22, 2007

May 22, 2007

65

ORDER granting 64 Stipulated Motion to Extend Time to Respond re 57 MOTION for Summary Judgment. Pltf's response shall be filed on or before 5/31/2007. No further extensions will be granted. Signed by Judge J. Garvan Murtha on 5/24/2007. (This is a text only Order.) (kbl, ) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

66

RESPONSE in Opposition to 57 MOTION for Summary Judgment filed by Gordon Bock. (Attachments: # 1 Statement of Additional Undisputed Facts# 2 Gold Admissions# 3 DOC Policy 380# 4 Plaintiff's Affidavit# 5 Blair Admissions# 6 Braasch Affidavit# 7 Defendants' Request to Produce# 8 Katz Affidavit# 9 Aleph Inst letter# 10 Statement of Facts # 11 Plaintiff's Exhibit 8#)(Kade, Barry) Text clarified, attachments 10 and 11 added 6/1/2007. (jmm) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

67

*** This entry was e−filed erroneously and has been removed. The image, Statement of Facts, is now attached to 66 . (6/1/2007) (jmm) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

68

*** This entry was e−filed erroneously and has been removed. The image, Plaintiff's Exhibit 8, is now attached to 66 . (6/1/2007) (jmm) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

69

CERTIFICATE OF SERVICE by Gordon Bock re 66 Response to Motion for Summary Judgment, (Kade, Barry) (Entered: 06/01/2007)

June 1, 2007

June 1, 2007

70

ORDER REFERRING CASE to Magistrate Judge Jerome J. Niedermeier. Signed by Judge J. Garvan Murtha on 08/07/2007. (wjf) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

71

NOTICE of Hearing on Motion 57 Motion for Summary Judgment : Motion Hearing set for 9/5/2007 10:00 AM in Burlington Courtroom 440 before Hon. Jerome J. Niedermeier. (jjj) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

72

CONSENTED−TO MOTION to Continue Hearing re: 57 Motion for Summary Judgment by Gordon Bock. (Attachments: # 1 Stipulation)(Kade, Barry) (Text clarified 9/6/2007)(jmm) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

73

CERTIFICATE OF SERVICE re: 72 MOTION to Continue Hearing re: 57 Motion for Summary Judgment by Gordon Bock. (Kade, Barry) (Text clarified, links added 9/6/2007)(jmm) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

74

ORDER granting 72 Consented to Motion to Continue Hearing. Signed by Judge Jerome J. Niedermeier on 09/06/07. (This is a text only Order.) (mld) (Entered: 09/06/2007)

Sept. 6, 2007

Sept. 6, 2007

75

NOTICE of Hearing on Motion 57 Motion for Summary Judgment. Motion Hearing set for 10/10/2007 10:00 AM in Burlington Courtroom 440 before Hon. Jerome J. Niedermeier. (jjj) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

76

MINUTE ENTRY for proceedings held before Judge Jerome J. Niedermeier. Motion Hearing held on 10/10/2007 re 57 Motion for Summary Judgment filed by Steven Gold, Janice Ryan, Stuart Gladding, Susan Blair, David Turner. Aaron Hauptman, Esq. and Barry Kade, Esq. present for pltf; Kurt Kuehl, Esq. present for defts. ORDERED: Motion taken under advisement. (Court Reporter: taped) (jjj) (Entered: 10/15/2007)

Oct. 10, 2007

Oct. 10, 2007

Motions Taken Under Advisement: 57 Motion for Summary Judgment (jjj) (Entered: 10/15/2007)

Oct. 10, 2007

Oct. 10, 2007

77

REPORT AND RECOMMENDATION recommending that the Defendants' 57 Motion for Summary Judgment be GRANTED IN PART and DENIED IN PART. It is recommended that all of Bock's claims against defendants Gold and Ryan be DISMISSED, that all of Bock 's claims under RLUIPA be DISMISSED, that all of Bock's claims against the defendants in their official capacities be DISMISSED, and that Bock's claim for injunctive relief be DISMISSED. Objections to R&R due by 12/17/2007. Signed by Judge Jerome J. Niedermeier on 11/28/2007. (jlh)

Nov. 28, 2007

Nov. 28, 2007

RECAP
78

OBJECTION by Gordon Bock to 77 Report and Recommendation re: 57 Motion for Summary Judgment. (Kade, Barry) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

79

ERRATA by Gordon Bock re: 78 Objection to Report and Recommendation re: 57 Motion for Summary Judgment. (Kade, Barry) (Entered: 12/13/2007)

Dec. 13, 2007

Dec. 13, 2007

80

RULING AFFIRMING, APPROVING and ADOPTING MAGISTRATE JUDGE'S 77 REPORT AND RECOMMENDATION: Dfts' 57 Motion for Summary Judgment is GRANTED in part and DENIED in part. Pltf's claim for injunctive relief is DISMISSED as moot. Pltf 39;s claims under 42 U.S.C § 1983 against dfts in their official capacities are DISMISSED. All of pltf's claims against dfts Gold and Ryan are DISMISSED. All of pltf's claims under RLUIPA are DISMISSED. The parties shall select an EN E evaluator and arrange an ENE session to be conducted not later than 4/1/2008. They shall inform the Court, in writing, on or before 2/22/2008, of the name of the evaluator and the date of the ENE session. This case shall be ready for trial on 5/1/2008. Signed by Judge J. Garvan Murtha 2/7/2008. (kak)

Feb. 7, 2008

Feb. 7, 2008

RECAP
81

ENE Evaluator Selection Response by Gordon Bock(Kade, Barry) (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

82

ENE Evaluator Richard T. Cassidy assigned. Early Neutral Evaluation set for 3/19/2008 at 09:00 AM.(law) (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

83

ORDER: The matters referred to Judge Niedermeier, having been disposed of, this matter is returned to Judge Murtha for placement on the trial calendar after May 1, 2008. Signed by Judge Jerome J. Niedermeier on 3/13/2008. (jlh) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

84

REPORT of Early Neutral Evaluation by ENE Evaluator: full settlement . (Cassidy, Richard) Modified on 3/21/2008 (jmm). (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

85

ORDER OF DISMISSAL: This action is hereby dismissed without costs, with the right to petition to reopen the action, upon good cause shown within 60 days, if settlement is not consummated. Signed by Judge J. Garvan Murtha on 3/21/2008. (kak) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

86

STIPULATION of Dismissal with Prejudice by Gordon Bock, Susan Blair, David Turner, Stuart Gladding. (wjf) (Entered: 03/21/2008)

March 21, 2008

March 21, 2008

Case Details

State / Territory: Vermont

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 7, 2005

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Jewish former prisoner in Vermont State Department of Corrections

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Vermont Department of Corrections employees, None

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Amount Defendant Pays: 25,000

Content of Injunction:

Preliminary relief denied

Issues

General:

Food service / nutrition / hydration

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run