Case: West v. Gobeille

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

Filed Date: May 21, 2019

Case Ongoing

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Case Summary

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

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

All Persons:

who are in DOC custody;

who have been incarcerated for at least 14 days or have completed their initial healthcare screening, whichever occurs first;

who have been diagnosed with chronic HCV and are candidates for DAA treatment under the current standard of care; and

for whom DAA treatment has been or will be denied or withheld based on considerations that deviate from the medical standard of care.

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

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

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

Following months of discovery and settlement talks, the parties filed a joint motion for approval of the class and preliminary approval of the class action settlement on July 15, 2021. The settlement agreement was approved on October 28, 2021, and the court retained jurisdiction over any future issues arising on or before January 1, 2023.

In the settlement, the Vermont Department of Corrections and its medical contractors agreed to refrain from categorically limiting access to treatment based on disease severity, disciplinary record, or substance use. The Department agreed to follow the January 1, 2021 VitalCore Policy for treatment of HCV, which provided, broadly, for universal opt-out testing and DAA treatment "as soon as possible" for people with HCV with 4-6 months in custody remaining. The policy divided patients into three categories: those with a remaining sentence length greater than 4-6 months, as to whom treatment would be provided as soon as possible with priority given to those with the nearest release dates; those with indeterminate sentence lengths, as to whom release date would be estimated to determine eligibility for DAA treatment; and pre-trial detainees for whom referrals for community treatment would be provided. Patients with especially advanced disease were to receive treatment regardless of time remaining on their sentences. Those eligible for treatment and with cirrhosis or other clinical complexities would be treated by academic medical centers, whereas those without cirrhosis would receive treatment in-house.

The settlement also determined that each party would bear its own attorneys' fees, but the defendants agreed to a reimburse the plaintiffs for documented costs up to $3,000 in recognition of the cost saved by avoiding litigation.

On October 28, 2022, plaintiffs filed a motion to enforce the settlement agreement, alleging that the DOC was failing to treat especially compromised patients regardless of time remaining on sentence, failing to treat patients with uncertain time remaining on their sentences but who were most likely to remain incarcerated for 4-6 months, and failing to provide adequate education or linkage to community care. As of March 2023, a hearing on this motion is scheduled for April 2023, the issues remain pending, and the case is ongoing.

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Summary Authors

Betsy Sheppard (2/3/2022)

Tessa Bialek (3/9/2023)

People

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

Judge(s)

Attorney for Plaintiff

Costello, Kevin (Massachusetts)

Diaz, James M (Vermont)

Attorney for Defendant

Bentley, Michael J. (Mississippi)

Bianchi, Jared C (Vermont)

Donovan, Thomas J. Jr. (Vermont)

Judge(s)

Sessions, William K. III (Vermont)

Attorney for Plaintiff

Costello, Kevin (Massachusetts)

Diaz, James M (Vermont)

Ernst, Lia (Vermont)

Valente, James A (Vermont)

Attorney for Defendant

Bentley, Michael J. (Mississippi)

Bianchi, Jared C (Vermont)

Donovan, Thomas J. Jr. (Vermont)

Eaton, Pamela L.P. (Vermont)

LaRose, Robert M (Vermont)

Menzel, Robert C Jr. (Vermont)

Soule, Stephen J (Vermont)

Walker, Molly Mitchell (Mississippi)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:19-cv-00081	Docket [PACER]	Aug. 24, 2021	Aug. 24, 2021 Docket
1 2:19-cv-00081	Complaint-Class Action	May 21, 2019	May 21, 2019 Complaint
56 2:19-cv-00081	Opinion and Order	March 30, 2020	March 30, 2020 Order/Opinion 450 F.Supp.3d 450
70 2:19-cv-00081	Opinion and Order West v. Smith	May 22, 2020	May 22, 2020 Order/Opinion
96 2:19-cv-00081	Amended Class Action Complaint	Nov. 10, 2020	Nov. 10, 2020 Complaint
114-3 2:19-cv-00081	Declaration of Kevin Costello	June 11, 2021	June 11, 2021 Settlement Agreement
114-4 2:19-cv-00081	Exhibit 2: Hepatitis C Virus Treatment Program	June 11, 2021	June 11, 2021 Settlement Agreement
134 2:19-cv-00081	Final Approval Order West v. Smith	Oct. 28, 2021	Oct. 28, 2021 Order/Opinion
140 2:19-cv-00081	Memorandum in Support of Plaintiffs' Motion to Enforce the Settlement Agreement	Oct. 28, 2022	Oct. 28, 2022 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
White Paper: Policies for Expanding Hepatitis C Testing and Treatment in United States Prisons and Jails Tessa Bialek and Matthew J. Akiyama, M.D., M.Sc.	This white paper proposes policies for expanding access to Hepatitis C (HCV) testing and treatment in United States jails and prisons. In recent years, dozens of lawsuits across the country have sou…	April 19, 2023	April 19, 2023 None

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Docket

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

Last updated March 25, 2024, 3:07 a.m.

ECF Number	Description	Date	Link Date / Link
1	CLASS ACTION COMPLAINT against Centurion of Vermont, LLC, Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts filed by Richard West, Joseph Bruyette.Summonses issued. (Attachments: # 1 Declaration of James Diaz, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Civil Cover Sheet)(law) (Entered: 05/22/2019) 1 Declaration of James Diaz View on RECAP 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER 7 Exhibit 6 View on PACER 8 Exhibit 7 View on RECAP 9 Exhibit 8 View on RECAP 10 Exhibit 9 View on PACER 11 Exhibit 10 View on PACER 12 Exhibit 11 View on PACER 13 Exhibit 12 View on PACER 14 Exhibit 13 View on RECAP 15 Exhibit 14 View on PACER 16 Exhibit 15 View on PACER 17 Exhibit 16 View on PACER 18 Exhibit 17 View on PACER 19 Exhibit 18 View on PACER 20 Exhibit 19 View on PACER 21 Exhibit 20 View on PACER 22 Exhibit 21 View on PACER 23 Exhibit 22 View on PACER 24 Exhibit 23 View on PACER 25 Exhibit 24 View on PACER 26 Exhibit 25 View on PACER 27 Exhibit 26 View on PACER 28 Civil Cover Sheet View on RECAP	May 21, 2019	May 21, 2019 Clearinghouse
2	MOTION to Certify Class filed by Joseph Bruyette, Richard West. (Attachments: # 1 Declaration of James Valente, # 2 Declaration of Richard West, # 3 Declaration of Joseph Bruyette, # 4 Declaration of Kevin Costello, # 5 Declaration of James Diaz, # 6 Declaration of Lia Ernst, # 7 Declaration of Dr. Stacey Trooskin, MD, PhD, MPH, # 8 Exhibit 1, # 9 Exhibit 2, # 10 Exhibit 3, # 11 Exhibit 4, # 12 Exhibit 5, # 13 Exhibit 6, # 14 Exhibit 7, # 15 Exhibit 8, # 16 Exhibit 9, # 17 Exhibit 10)(law) (Entered: 05/22/2019) 1 Declaration of James Valente View on RECAP 2 Declaration of Richard West View on PACER 3 Declaration of Joseph Bruyette View on PACER 4 Declaration of Kevin Costello View on PACER 5 Declaration of James Diaz View on PACER 6 Declaration of Lia Ernst View on PACER 7 Declaration of Dr. Stacey Trooskin, MD, PhD, MPH View on PACER 8 Exhibit 1 View on PACER 9 Exhibit 2 View on PACER 10 Exhibit 3 View on PACER 11 Exhibit 4 View on PACER 12 Exhibit 5 View on PACER 13 Exhibit 6 View on PACER 14 Exhibit 7 View on PACER 15 Exhibit 8 View on PACER 16 Exhibit 9 View on PACER 17 Exhibit 10 View on PACER	May 21, 2019	May 21, 2019 PACER
3	NOTICE OF APPEARANCE by Jared C. Bianchi, Esq on behalf of Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts.(Bianchi, Jared) (Entered: 05/24/2019)	May 24, 2019	May 24, 2019 PACER
4	NOTICE OF APPEARANCE by Robert M. LaRose, Esq on behalf of Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts.(LaRose, Robert) (Entered: 05/24/2019)	May 24, 2019	May 24, 2019 PACER
5	SUMMONS RETURNED Executed. Al Gobeille served on 5/28/2019, answer due 6/18/2019. (Diaz, James) Text clarified on 5/31/2019 (law). (Entered: 05/31/2019)	May 31, 2019	May 31, 2019 PACER
6	SUMMONS RETURNED Executed. Martha Maksym served on 5/28/2019, answer due 6/18/2019. (Diaz, James) Text clarified on 5/31/2019 (law). (Entered: 05/31/2019)	May 31, 2019	May 31, 2019 PACER
7	SUMMONS RETURNED Executed. Michael Touchette served on 5/28/2019, answer due 6/18/2019. (Diaz, James) Text clarified on 5/31/2019 (law). (Entered: 05/31/2019)	May 31, 2019	May 31, 2019 PACER
8	SUMMONS RETURNED Executed. Benjamin Watts served on 5/28/2019, answer due 6/18/2019. (Diaz, James) Text clarified on 5/31/2019 (law). (Entered: 05/31/2019)	May 31, 2019	May 31, 2019 PACER
9	CERTIFICATE OF SERVICE by Joseph Bruyette, Richard West re: Declaration of James Diaz and attached exhibits to 1 Complaint upon Office of the Vermont Attorney General.(Diaz, James) (Entered: 05/31/2019)	May 31, 2019	May 31, 2019 PACER
10	CERTIFICATE OF SERVICE by Joseph Bruyette, Richard West re: Declaration of James Diaz and attached exhibits to 1 Complaint upon Centurion of Vermont, LLC.(Diaz, James) (Entered: 05/31/2019)	May 31, 2019	May 31, 2019 PACER
11	CERTIFICATE OF SERVICE by Joseph Bruyette, Richard West re 2 MOTION to Certify Class upon Office of the Vermont Attorney General.(Diaz, James) (Entered: 05/31/2019)	May 31, 2019	May 31, 2019 PACER
12	CERTIFICATE OF SERVICE by Joseph Bruyette, Richard West re 2 MOTION to Certify Class upon Centurion of Vermont, LLC.(Diaz, James) (Entered: 05/31/2019)	May 31, 2019	May 31, 2019 PACER
13	SUMMONS RETURNED Executed. Centurion of Vermont, LLC served on 5/30/2019, answer due 6/20/2019. (Diaz, James) (Entered: 06/04/2019)	June 4, 2019	June 4, 2019 PACER
14	MOTION for Extension of Time to File Answer filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts.(Bianchi, Jared) (Entered: 06/10/2019)	June 10, 2019	June 10, 2019 PACER
15	RESPONSE in Opposition re 14 MOTION for Extension of Time to File Answer filed by Joseph Bruyette, Richard West. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Valente, James) (Entered: 06/11/2019)	June 11, 2019	June 11, 2019 PACER
16	REPLY to Response to 14 MOTION for Extension of Time to File Answer filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts. (Attachments: # 1 Certificate of Service)(Bianchi, Jared) (Entered: 06/13/2019)	June 13, 2019	June 13, 2019 PACER
17	MOTION for Appearance Pro Hac Vice of Kevin Costello filed by Joseph Bruyette, Richard West. (Attachments: # 1 Affidavit of Kevin Costello, # 2 Certificate of Good Standing), # 3 Certificates of Service) (law). (Entered: 06/13/2019)	June 13, 2019	June 13, 2019 PACER
18	ORDER granting 17 Motion for Admission Pro Hac Vice of Kevin Costello. Signed by Judge William K. Sessions III on 6/17/2019. (This is a text-only Order.) (eae) (Entered: 06/17/2019)	June 17, 2019	June 17, 2019 PACER
	Order on Motion for Admission Pro Hac Vice	June 17, 2019	June 17, 2019 PACER
	Order on Motion for Extension of Time to Answer	June 17, 2019	June 17, 2019 PACER
19	NOTICE OF APPEARANCE by Stephen J. Soule, Esq on behalf of Centurion of Vermont, LLC.(Soule, Stephen) (Entered: 06/17/2019)	June 17, 2019	June 17, 2019 PACER
20	NOTICE OF APPEARANCE by Pamela L.P. Eaton, Esq on behalf of Centurion of Vermont, LLC.(Eaton, Pamela) (Entered: 06/17/2019)	June 17, 2019	June 17, 2019 PACER
21	MOTION for Extension of Time to File Answer re 1 Complaint filed by Centurion of Vermont, LLC.(Eaton, Pamela) (Entered: 06/17/2019)	June 17, 2019	June 17, 2019 PACER
22	ORDER granting 14 Motion for Extension of Time; 21 Motion for Extension of Time. Signed by Judge William K. Sessions III on 6/17/2019. (This is a text-only Order.) (eae) (Entered: 06/17/2019)	June 17, 2019	June 17, 2019 PACER
23	CERTIFICATE OF SERVICE re: 24 & 25 Motions for Appearance Pro Hac Vice of Molly M. Walker by Centurion of Vermont, LLC.(Eaton, Pamela) Text clarified on 6/20/2019 (law). (Entered: 06/20/2019)	June 20, 2019	June 20, 2019 PACER
24	MOTION for Appearance Pro Hac Vice of Michael J. Bentley filed by Centurion of Vermont, LLC. (Attachments: # 1 Affidavit of Michael J. Bentley, # 2 Certificate of Good Standing, # 3 Exhibit A)(jlh) (Entered: 06/27/2019)	June 20, 2019	June 20, 2019 PACER
25	MOTION for Appearance Pro Hac Vice of Molly M. Walker filed by Centurion of Vermont, LLC. (Attachments: # 1 Affidavit of Molly M. Walker, # 2 Certificate of Good Standing, # 3 Exhibit A)(jlh) (Entered: 06/27/2019)	June 20, 2019	June 20, 2019 PACER
26	ORDER granting 24 Motion for Admission of Michael J. Bentley Pro Hac Vice; granting 25 Motion for Admission of Molly M. Walker Pro Hac Vice. Signed by Judge William K. Sessions III on 6/27/2019. (This is a text-only Order.) (eae) (Entered: 06/27/2019)	June 27, 2019	June 27, 2019 PACER
	Order on Motion for Admission Pro Hac Vice	June 27, 2019	June 27, 2019 PACER
27	UNOPPOSED MOTION to Stay Deadline for Submission of Discovery Schedule filed by Joseph Bruyette, Richard West.(Diaz, James) (Entered: 07/09/2019)	July 9, 2019	July 9, 2019 PACER
28	ORDER granting 27 Unopposed Motion to Stay Deadline for Submission of Discovery Schedule. Signed by Judge William K. Sessions III on 7/10/2019. (This is a text-only Order.) (eae) (Entered: 07/10/2019)	July 10, 2019	July 10, 2019 PACER
	Order on Motion to Stay	July 10, 2019	July 10, 2019 PACER
29	UNOPPOSED MOTION for Extension of Time to File Discovery Schedule filed by Joseph Bruyette, Richard West.(Costello, Kevin) (Entered: 07/17/2019)	July 17, 2019	July 17, 2019 PACER
30	ORDER granting 29 Unopposed Motion to Extend Deadline for Submission of a Discovery Schedule. Signed by Judge William K. Sessions III on 7/18/2019. (This is a text-only Order.) (eae) (Entered: 07/18/2019)	July 18, 2019	July 18, 2019 PACER
	Order on Motion for Extension of Time to File	July 18, 2019	July 18, 2019 PACER
31	RESPONSE in Opposition re 2 MOTION to Certify Class filed by Centurion of Vermont, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D (filed under seal), # 6 Declaration of E (filed under seal))(Eaton, Pamela) (Attachment 4 replaced on 7/22/2019) (law). (Additional attachment(s) added on 7/22/2019: # 7 Exhibit 1, # 8 Exhibit 2) (law). (Attachment 6 replaced on 7/26/2019) (jlh). (Attachment 5 replaced on 7/26/2019) (jlh). (Entered: 07/22/2019)	July 22, 2019	July 22, 2019 PACER
32	STIPULATED MOTION for Leave to Exceed Page Limit re 31 Response in Opposition to 2 MOTION to Certify Class filed by Centurion of Vermont, LLC.(Eaton, Pamela) Link added on 7/22/2019 (law). (Entered: 07/22/2019)	July 22, 2019	July 22, 2019 PACER
33	MOTION to File Under Seal Exhibits D and E to 31 Response in Opposition to Motion filed by Centurion of Vermont, LLC.(Eaton, Pamela) (Entered: 07/22/2019)	July 22, 2019	July 22, 2019 PACER
34	MOTION to Dismiss Case for Lack of Jurisdiction filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts, Centurion of Vermont, LLC. (Attachments: # 1 Affidavit of Cullen Bullard, # 2 Affidavit of Al Gobeille, # 3 Declaration of Steven Fisher, # 4 Exhibit A, # 5 Certificate of Service)(Bianchi, Jared) (Attachment 3 replaced, Additional attachment(s) added on 7/22/2019: # 6 Exhibit 1, # 7 Exhibit 2) (law). Filer added on 7/31/2019 (law). (Entered: 07/22/2019)	July 22, 2019	July 22, 2019 PACER
35	MOTION to Stay Discovery filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts. (Attachments: # 1 Certificate of Service)(Bianchi, Jared) (Entered: 07/22/2019)	July 22, 2019	July 22, 2019 PACER
36	MOTION to Strike Certain Material from 1 Class Action Complaint filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts. (Attachments: # 1 Certificate of Service)(Bianchi, Jared) Link added on 7/22/2019 (law). (Entered: 07/22/2019)	July 22, 2019	July 22, 2019 PACER
37	NOTICE OF DOCKET ENTRY CORRECTION re: 31 Response in Opposition to Motion filed by Centurion of Vermont, LLC. Exhibit C was combined with its exhibits into one document. They have been broken apart and are now separately attached to Document 31 and this entry. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (law) (Entered: 07/22/2019)	July 22, 2019	July 22, 2019 PACER
38	NOTICE OF DOCKET ENTRY CORRECTION re: 34 MOTION to Dismiss Case for Lack of Jurisdiction filed by Al Gobeille, Martha Maksym, Benjamin Watts, Michael Touchette. The Declaration of Steven Fisher was combined with its exhibits into one document. They have been broken apart and are now separately attached to Document 34 and this entry. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (law) (Entered: 07/22/2019)	July 22, 2019	July 22, 2019 PACER
39	RESPONSE in Opposition re 35 MOTION to Stay Discovery filed by Joseph Bruyette, Richard West. (Attachments: # 1 Declaration of James Diaz, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14 # 16 Exhibit 15)(Diaz, James) (Entered: 07/26/2019)	July 26, 2019	July 26, 2019 PACER
	Notice of Docket Entry Correction (ECF Admin Only)	July 26, 2019	July 26, 2019 PACER
40	CONSENTED-TO MOTION for Extension of Time to File Response/Reply re: 2 MOTION to Certify Class, 36 MOTION to Strike Certain Material from 1 Class Action Complaint filed by Joseph Bruyette, Richard West.(Diaz, James) Event/text clarified, links added on 7/26/2019 (law). (Entered: 07/26/2019)	July 26, 2019	July 26, 2019 PACER
41	NOTICE OF DOCKET ENTRY UPDATE re: 31 Response in Opposition to 2 MOTION to Certify Class filed by Richard West, Joseph Bruyette. Exhibits D and E having been received are now attached to 31 under seal. (jlh) (Entered: 07/26/2019)	July 26, 2019	July 26, 2019 PACER
42	ORDER granting 40 CONSENTED-TO MOTION for Extension of Time to File Response/Reply re: 2 MOTION to Certify Class, 36 MOTION to Strike Certain Material from 1 Class Action Complaint. Signed by Judge William K. Sessions III on 7/30/2019. (This is a text-only Order.) (eae) (Entered: 07/30/2019)	July 30, 2019	July 30, 2019 PACER
	Order on Motion for Extension of Time to File Response/Reply	July 30, 2019	July 30, 2019 PACER
43	REPLY to Response to 35 MOTION to Stay Discovery filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts. (Attachments: # 1 Certificate of Service)(Bianchi, Jared) (Entered: 08/01/2019)	Aug. 1, 2019	Aug. 1, 2019 PACER
44	ORDER granting as unopposed 32 Stipulated Motion to Exceed Page Limit re 31 Response in Opposition to 2 Motion to Certify Class ; granting 33 Motion to Seal Exhibits D and E to 31 Response in Opposition to Motion. Signed by Judge William K. Sessions III on 8/12/2019. (This is a text-only Order.) (eae) (Entered: 08/12/2019)	Aug. 12, 2019	Aug. 12, 2019 PACER
	Order on Motion to Seal (NEF is sent - Order is not sealed)	Aug. 12, 2019	Aug. 12, 2019 PACER
	Order on Motion to Exceed Page Limit	Aug. 12, 2019	Aug. 12, 2019 PACER
45	RESPONSE in Opposition re 34 MOTION to Dismiss Case for Lack of Jurisdiction filed by Joseph Bruyette, Richard West. (Costello, Kevin) (Entered: 08/21/2019)	Aug. 21, 2019	Aug. 21, 2019 PACER
46	AFFIDAVIT in Opposition of Richard West re 34 MOTION to Dismiss Case for Lack of Jurisdiction filed by Joseph Bruyette, Richard West. (Costello, Kevin) (Entered: 08/21/2019)	Aug. 21, 2019	Aug. 21, 2019 PACER
47	DECLARATION of Kevin Costello re 2 MOTION to Certify Class filed by Joseph Bruyette, Richard West. (Attachments: # 1 Exhibit 1 (filed under seal, # 2 Exhibit 2 (filed under seal), # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Costello, Kevin) (Attachments 1 and 2 replaced on 8/23/2019) (jlh). (Entered: 08/21/2019)	Aug. 21, 2019	Aug. 21, 2019 PACER
48	REPLY to Response to 2 MOTION to Certify Class filed by Joseph Bruyette, Richard West. (Costello, Kevin) (Entered: 08/21/2019)	Aug. 21, 2019	Aug. 21, 2019 PACER
49	RESPONSE in Opposition re 36 MOTION to Strike Certain Material from 1 Class Action Complaint filed by Joseph Bruyette, Richard West. (Costello, Kevin) (Entered: 08/21/2019)	Aug. 21, 2019	Aug. 21, 2019 PACER
50	MOTION to File Under Seal 47 Affidavit in Support of Motion, Exhibits 1 & 2 filed by Joseph Bruyette, Richard West.(Costello, Kevin) (Entered: 08/21/2019)	Aug. 21, 2019	Aug. 21, 2019 PACER
51	NOTICE OF DOCKET ENTRY CORRECTION re: 47 Declaration of Kevin Costello in Support of 2 MOTION to Certify Class filed by Richard West, Joseph Bruyette. Exhibits 1 and 2 having been received have been attached to the docket under seal. (jlh) (Entered: 08/23/2019)	Aug. 23, 2019	Aug. 23, 2019 PACER
	Notice of Docket Entry Correction (ECF Admin Only)	Aug. 23, 2019	Aug. 23, 2019 PACER
52	REPLY to Response to 34 MOTION to Dismiss Case for Lack of Jurisdiction filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Certificate of Service)(Bianchi, Jared) (Entered: 09/04/2019)	Sept. 4, 2019	Sept. 4, 2019 PACER
53	REPLY to Response to 36 MOTION to Strike Certain Material from 1 Class Action Complaint filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts. (Attachments: # 1 Certificate of Service)(Bianchi, Jared) (Entered: 09/04/2019)	Sept. 4, 2019	Sept. 4, 2019 PACER
54	MOTION to Dismiss Ben Watts as Defendant filed by Al Gobeille, Martha Maksym, Michael Touchette, Benjamin Watts. (Attachments: # 1 Affidavit of Valerie Nikel, # 2 Certificate of Service)(Bianchi, Jared) (Entered: 11/15/2019)	Nov. 15, 2019	Nov. 15, 2019 PACER
55	RESPONSE to 54 MOTION to Dismiss Ben Watts as Defendant filed by Joseph Bruyette, Richard West. (Attachments: # 1 Declaration of Kevin Costello, # 2 Exhibit 1, # 3 Exhibit 2)(Costello, Kevin) (Entered: 12/13/2019)	Dec. 13, 2019	Dec. 13, 2019 PACER
56	OPINION AND ORDER denying 34 Motion to Dismiss for Lack of Jurisdiction; granting 2 Motion to Certify Class. Count II of the Complaint is dismissed without prejudice. Signed by Judge William K. Sessions III on 3/30/2020. (jam) Text clarified on 3/30/2020 (jam). (Entered: 03/30/2020)	March 30, 2020	March 30, 2020 Clearinghouse
57	ORDER denying 36 Motion to Strike Certain Material from 1 Class Action Complaint without prejudice to re-filing after discovery. Signed by Judge William K. Sessions III on 3/31/2020. (jam) (Entered: 03/31/2020)	March 31, 2020	March 31, 2020 PACER
	Order on Motion to Dismiss	March 31, 2020	March 31, 2020 PACER
	Order on Motion to Seal (NEF is sent - Order is not sealed)	March 31, 2020	March 31, 2020 PACER
	Order on Motion to Stay	March 31, 2020	March 31, 2020 PACER
58	ORDER denying as moot 35 Motion to Stay. Signed by Judge William K. Sessions III on 3/31/2020. (This is a text-only Order.) (eae) (Entered: 03/31/2020)	March 31, 2020	March 31, 2020 PACER
59	ORDER granting as unopposed 50 Motion to Seal; granting 54 Motion to Dismiss. Signed by Judge William K. Sessions III on 3/31/2020. (This is a text-only Order.) (eae) (Entered: 03/31/2020)	March 31, 2020	March 31, 2020 PACER
60	PROPOSED Discovery Schedule Order filed by Richard West, Joseph Bruyette. (Costello, Kevin) Text clarified on 4/10/2020 (law). (Entered: 04/10/2020)	April 10, 2020	April 10, 2020 PACER
61	JOINT MOTION to Stay all proceedings pending appeal of class action certification filed by Centurion of Vermont, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Soule, Stephen) (Entered: 04/10/2020)	April 10, 2020	April 10, 2020 Clearinghouse
62	SUPPLEMENTAL DOCUMENT(S) re: 61 JOINT MOTION to Stay all proceedings by Centurion of Vermont, LLC. (Attachments: # 1 Exhibit 1)(Soule, Stephen) (Entered: 04/13/2020) 1 Exhibit 1 View on RECAP	April 13, 2020	April 13, 2020 RECAP
63	RESPONSE in Opposition re 61 JOINT MOTION to Stay all proceedings filed by Joseph Bruyette, Richard West. (Attachments: # 1 Declaration of Kevin Costello)(Ernst, Lia) (Additional attachment(s) added on 4/23/2020: # 2 Declaration of J.A. (document is sealed)) (law). (Entered: 04/23/2020) 1 Declaration of Kevin Costello View on PACER	April 23, 2020	April 23, 2020 RECAP
	Notice of Docket Entry Correction (ECF Admin Only)	April 23, 2020	April 23, 2020 PACER
64	MOTION to File Under Seal Declaration of J.A. re: 63 Response in Opposition to Motion filed by Joseph Bruyette, Richard West.(Ernst, Lia) (Entered: 04/23/2020)	April 23, 2020	April 23, 2020 PACER
65	NOTICE OF DOCKET ENTRY UPDATE re: 63 Response in Opposition to Motion filed by Richard West, Joseph Bruyette. The Declaration of J.A. having been received, is now attached to 63 under seal. (law) (Entered: 04/23/2020)	April 23, 2020	April 23, 2020 PACER
66	SUPPLEMENTAL DOCUMENT(S) re: 63 Response in Opposition to 61 JOINT MOTION to Stay all proceedings by Joseph Bruyette, Richard West. (Attachments: # 1 Exhibit 1)(Diaz, James) (Attachment 1 replaced on 4/23/2020) (law). (Entered: 04/23/2020)	April 23, 2020	April 23, 2020 PACER
67	NOTICE OF DOCKET ENTRY CORRECTION re: 66 Supplemental Document filed by Richard West, Joseph Bruyette. Exhibit 1 has been replaced to remove the illegible duplicate pdf header. The corrected document are now attached to 66 and this entry. (law) (Entered: 04/23/2020)	April 23, 2020	April 23, 2020 PACER
68	JOINT REPLY to Response to 61 JOINT MOTION to Stay all proceedings filed by Centurion of Vermont, LLC, Al Gobeille, Martha Maksym, Michael Touchette. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Declaration of Steven Fisher, M.D.) (filed under seal (law) (Entered: 05/08/2020)	May 7, 2020	May 7, 2020 PACER
69	MOTION to File Under Seal 68 Joint Reply to Response to Motion filed by Centurion of Vermont, LLC, Al Gobeille, Martha Maksym, Michael Touchette. (Document is sealed)(law) (Entered: 05/08/2020)	May 7, 2020	May 7, 2020 PACER
70	OPINION AND ORDER denying 61 Motion to Stay all proceedings pending appeal of class action certification; granting 64 Motion to File Under Seal Declaration of J.A. re: 63 Response in Opposition; granting 69 Motion to File Under Seal 68 Joint Reply to Response to Motion. Defts' answer or other responsive pleading and stipulated discovery schedule/order is due within 30 days. If the parties are unable to agree on a schedule, they shall submit proposals with supporting memoranda within the same 30-day period. Signed by Judge William K. Sessions III on 5/22/2020. (law) (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 Clearinghouse
70	OPINION AND ORDER denying 61 Motion to Stay all proceedings pending appeal of class action certification; granting 64 Motion to File Under Seal Declaration of J.A. re: 63 Response in Opposition; granting 69 Motion to File Under Seal 68 Joint Reply to Response to Motion. Defts' answer or other responsive pleading and stipulated discovery schedule/order is due within 30 days. If the parties are unable to agree on a schedule, they shall submit proposals with supporting memoranda within the same 30-day period. Signed by Judge William K. Sessions III on 5/22/2020. (law) (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 Clearinghouse
71	ANSWER to Complaint by Martha Maksym, Michael Smith, James Baker. (Attachments: # 1 Certificate of Service)(Bianchi, Jared) Filers clarified on 6/22/2020 (law). (Entered: 06/22/2020) 1 Certificate of Service View on PACER	June 22, 2020	June 22, 2020 Clearinghouse
72	ANSWER to Complaint by Centurion of Vermont, LLC.(Eaton, Pamela) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 RECAP
73	JOINT PROPOSED Scheduling Order and Memorandum in Support by James Baker, Centurion of Vermont, LLC, Michael Smith. (Attachments: # 1 Exhibit 1)(Eaton, Pamela) (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
74	MEMORANDUM in Support of Proposed Discovery Schedule/Order by Joseph Bruyette, Richard West. (Attachments: # 1 Declaration of Kevin Costello, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Costello, Kevin) Text clarified on 6/23/2020 (law). (Entered: 06/22/2020)	June 22, 2020	June 22, 2020 PACER
75	SUPPLEMENTAL JOINT MEMORANDUM in Support re: 73 Proposed Stipulated Discovery Schedule/Order filed by James Baker, Centurion of Vermont, LLC, Michael Smith. (Attachments: # 1 Exhibit 1)(Soule, Stephen) (Entered: 06/26/2020) 1 Exhibit 1 View on RECAP	June 26, 2020	June 26, 2020 RECAP
76	UNOPPOSED MOTION to Dismiss Case for Lack of Jurisdiction (Claims Against Centurion of Vermont, LLC) filed by Centurion of Vermont, LLC.(Eaton, Pamela) (Entered: 07/01/2020)	July 1, 2020	July 1, 2020 RECAP
77	MANDATE of USCA Case No 20-1203 as to 70 Opinion and Order. It is hereby ORDERED that the Rule 23(f) petition is DENIED because an immediate appeal is not warranted. Further ORDERED that the motion for stay is DENIED as moot. (gmg) (Entered: 07/21/2020)	July 21, 2020	July 21, 2020 RECAP
78	DISCOVERY CERTIFICATE - Initial Disclosures by James Baker, Michael Smith.(Bianchi, Jared) (Entered: 08/22/2020)	Aug. 22, 2020	Aug. 22, 2020 PACER
79	ORDER granting 76 Unopposed Motion to Dismiss for Lack of Jurisdiction. Signed by Judge William K. Sessions III on 8/24/2020. (This is a text-only Order.) (eae) (Entered: 08/24/2020)	Aug. 24, 2020	Aug. 24, 2020 PACER
	Order on Motion to Dismiss/Lack of Jurisdiction	Aug. 24, 2020	Aug. 24, 2020 PACER
80	MOTION to Withdraw as Attorney filed by Centurion of Vermont, LLC.(Eaton, Pamela) Event/text clarified on 8/25/2020 (law). (Entered: 08/25/2020)	Aug. 25, 2020	Aug. 25, 2020 PACER
81	MOTION to Withdraw as Attorney (Michael Bentley) filed by Centurion of Vermont, LLC.(Eaton, Pamela) (Entered: 08/25/2020)	Aug. 25, 2020	Aug. 25, 2020 PACER
82	MOTION to Withdraw as Attorney (Molly M. Walker) filed by Centurion of Vermont, LLC.(Eaton, Pamela) (Entered: 08/25/2020)	Aug. 25, 2020	Aug. 25, 2020 PACER
83	MOTION to Withdraw as Attorney filed by Centurion of Vermont, LLC.(Soule, Stephen) (Entered: 08/25/2020)	Aug. 25, 2020	Aug. 25, 2020 PACER
84	NOTICE OF APPEARANCE by Pamela L.P. Eaton, Esq on behalf of James Baker, Michael Smith.(Eaton, Pamela) (Entered: 08/31/2020)	Aug. 31, 2020	Aug. 31, 2020 PACER

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Case Details

State / Territory: Vermont

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: May 21, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Incarcerated individuals with Hepatitis C, and a certified class of "[A]ll persons: (1) who are in Department of Corrections custody; (2) who have been incarcerated for at least 14 days or have completed their initial healthcare screening, whichever occurs first; (3) who have been diagnosed with chronic HCV and are candidates for DAA treatment under the current standard of care; and (4) for whom DAA treatment has been or will be denied or withheld based on considerations that deviate from the medical standard of care."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Vermont Department of Corrections, State

Centurion of Vermont LLC, Private Entity/Person

Vital Core Health Services, Private Entity/Person