Rivard v. Town of Brattleboro

• Citation: 2023 Vt Super 102604
• Docket Number: 23-CV-00255
• Decision Date: 26 October 2023
• Parties: Pele Rivard et al. v. Town of Brattleboro
• Court: Superior Court of Vermont

1

2023 Vt Super 102604

Pele Rivard et al.
v.
Town of Brattleboro

No. 23-CV-00255

Superior Court of Vermont, Civil Division, Windham Unit

October 26, 2023

Title: Motion to Join (Motion: 4)

Filer: Jeffrey M Rivard

Filed Date: August 06, 2023

ENTRY REGARDING MOTION

David Barra, Superior Court Judge

Plaintiff Jeffrey Rivard filed a motion titled "Motion to Enjoin," which the court interprets as a motion for joinder with three other docket numbers. Defendant opposes Plaintiffs' motion. The motion is DENIED.

Background

On April 25, 2023, Plaintiffs Pele Rivard and Jeffrey Rivard filed a motion requesting joinder of parties pursuant to V.R.C.P. 20 and an amendment of the complaint to include Jeffrey Rivard and minor child R.R as plaintiffs. Request for Joinder of Parties dated April 25, 2023. On May 8, 2023, this court granted the motion in part only with respect to amending the complaint. Entry Regarding Motion dated May 8, 2023.

On August 6, 2023, Plaintiff Jeffrey Rivard filed a motion titled "Motion to Enjoin." Plaintiffs' Motion to Enjoin dated August 6, 2023. Plaintiff Jeffrey Rivard does not specify under which rule he seek to joinder of these other matters, though he appears to be seeking to join the present docket with dockets 22-CV-03222, 23-CV-01280, and 23-CV-02763. Id. at 2. Engaging in speculation, the court finds that as grounds for joinder, Plaintiff Jeffrey Rivard cites

a pattern of negligence and a denial of Constitutional protections by a department Brattleboro Police and by it [sic] Citizens [sic] Police Communication Committee police report written in a manner which indicates negligence or bias, ... unlawful search and seizure, ... Americans with Disabilities Act, ... failure to provide accommodations with Vermont statute, ... [and a]n unlawful arrest

Id. at 1-2.

Plaintiff cites no applicable rule supporting his motion.

2

Analysis

Rule 7(b)(1) of Vermont Rules of Civil Procedure requires a motion to "state with particularity the grounds [on which Plaintiff relies], including a concise statement of the facts and law relied on. The fragmented general assertions that Plaintiff provides in the motion do not state with particularity the grounds on which Plaintiff wishes to rely. To the extent that Plaintiff's assertions could be considered "stated with particularity," the court is not able to divine in what way they would support joinder under any rule. And while the...