Order Page 1 of 2

21-CV-00855 Michael Veitch v. Benedictine Foundation of The State of Vermont, Inc. d/b/a Weston Priory, et al

VERMONT SUPERIOR COURT CIVIL DIVISION

Windsor Unit

12 The Green

Woodstock VT 05091

802-457-2121

www.vermontjudiciary.org

Case No. 21-CV-00855

Michael Veitch

Plaintiff

v.

Benedictine Foundation of the State of Vermont, Inc.,

d/b/a Weston Priory, and Jesuits USA East Province

f/k/a Jesuits New England Province

Defendants

Decision on Defendants’ Motion for a Hybrid Hearing

 Plaintiff Michael Veitch alleges that he was the victim of childhood sexual abuse perpetrated 

by a Jesuit priest. At issue is a motion to dismiss for lack of personal jurisdiction filed by the defendant 

Jesuit organizations, e.g., Edwardo v. Roman Catholic Bishop of Providence, 66 F.4th 69, 74–76 (2d 

Cir. 2023); Doe v. Roman Catholic Diocese of Greensburg, 581 F.Supp.3d 176, 190–95 (D.D.C. 

2022). In a previous order, the court determined that an evidentiary hearing was warranted, e.g., 

Godino v. Cleanthes, 163 Vt. 237, 239 (1995); Roman Catholic Diocese of Burlington, Inc. v. Paton 

Insulators, Inc., 146 Vt. 294, 296 (1985). In this motion, defendants seek permission for a witness to 

testify at that hearing by remote means.

 Generally, the rule is that civil division hearings are held in person. Vt. R. Civ. P. 43.1(a)(1). A 

party may seek permission for a witness to testify by remote means, and the court may determine 

whether good cause exists to grant the request by considering a non-exclusive list of factors that 

include “[w]hether the procedure would allow for full and effective examination and crossexamination of witnesses by all parties and the court, including access to any documentary or other 

tangible evidence necessary to the examination or cross-examination of any witness,” and “[w]hether 

the use of video or audio conferencing technology diminishes or detracts from the dignity, solemnity, 

and formality of the proceeding or undermines its integrity, fairness, or effectiveness.” Vt. R. Civ. P. 

43.1(h). 

 Here, defendants seek permission for Father Quinn to testify remotely. He is the witness whose 

affidavit was attached to the motion to dismiss for lack of personal jurisdiction. He is a licensed lawyer 

who describes himself as a special assistant to the organization for legal affairs, and he describes his 

role as involving the coordination of Jesuit responses to cases involving childhood sexual abuse 

perpetrated by former priests. His testimony is expected to include descriptions of the corporate 

structure of the Jesuit organizations who have been sued in this case, the history of Jesuit activities in 

the State of Vermont, and a review of the employment and supervision history of the priest who is 
alleged to have sexually abused plaintiff. At his deposition, Father Quinn testified that he has

“reviewed numerous files” on the priest and “studied endless catalogsto figure out where he had been

stationed over the years,” and he testified that he is familiar with the whereabouts of the priest during

the relevant time periods. At his deposition, his testimony related to these issues spanned more than

150 pages and referenced multiple documents and exhibits. Additionally, at his deposition, he testified

under oath that he did not know the answers to certain questions as to which he later made averments under oath in his affidavit.

Defendants contend that remote testimony is appropriate because Father Quinn lives and works

in New York City, and because the trip is about ten hours round-trip by car, and because the Jesuits would be “without his usual services for two or three days while he traveled to Woodstock, Vermont, and back to New York for this hearing,” and because the need for his testimony is “minor.” As to these assertions, however, the court notes that (l) Father Quinn is an organizational witness who was

selected by defendants to review the materials and serve as the coordinator of the organization’s

response to the matter, (2) Father Quinn is the witness upon whose affidavit defendants rely for their motion to dismiss, (3) Father Quinn described his work as involving the coordination of Jesuit

responses

to cases involving childhood sexual abuse perpetrated by former priests, (4) Father Quinn’s deposition was extensive, and involved review of multiple documentary materials, and (5) Father Quinn testified at his deposition that he did not know the answer to questions as to which he later (in

the affidavit attached to the motion to dismiss) asserted under oath that he knew the answers. It is evident to the court, therefore, that Father Quinn’s testimony will be essential to the disposition of the motion, that he is not tangential fact witness but rather the organizational witness selected to

represent

the organization in this matter, and that the effectiveness of cross-examination will be essential to the search for truth. California v. Green, 399 U.S. 149, 158 (1970). Additionally, the motion is central to the substantive outcome of the case, and the burden of traveling from New York City to Vermont must be weighed against

the importance of the case to plaintiff, who alleges that childhood sexual abuse has caused him to suffer “severe and permanent psychological, emotional, and physical injuries, shame, humiliation, and the inability to lead normal life.” Under these

circumstances, the court’s conclusion is that in-person testimony is necessary to effectuate “full and

effective examination and cross-examination” of the witness, as well as to honor the “dignity, solemnity, and formality” of the proceeding, and ensure its “integrity, fairness, [and] effectiveness.” Vt. R. Civ. P. 43.1(h). For these reasons, the motion for hybrid proceeding is denied.

Electronically signed on Thursday, April 4, 2024 pursuant

to V.R.E.F. 9(d).

H.Pfi%w Dickson Corbett Superior Court Judge

Vermont Superior Court Filed Windslg/r €14?

Order Page of 2l-CV-00855 Michael Veitch v. Benedictine Foundation of The State of Vermont, Inc. d/b/a Weston Priory, et al