Legal Opinion

Madden v. ABATE

District Court, D. Vermont

Decided July 6, 2011No. Case 2:09-cv-145Published

1Opinion of the Court

OPINION and ORDER

WILLIAM K. SESSIONS III, District Judge.

Currently pending before the Court are Defendant Joseph Abate’s consolidated motion to dismiss and motion for summary judgment, ECF No. 94; Plaintiff Samantha Madden’s motion to amend her amended complaint, ECF No. 104; and motions by both parties to seal their filings with regard to these motions. ECF Nos. 95, 101, 107. For the reasons set forth below, Abate’s motion to dismiss Madden’s “sexual assault” claim is granted. The “sexual assault” claim is to be struck from the amended complaint, leaving the battery claim intact. Abate’s…

2Cases cited36 opinions

Ashcroft v. IqbalSupreme Court of the United States · 2009
Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
Conley v. GibsonSupreme Court of the United States · 1957
Foman v. DavisSupreme Court of the United States · 1962

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