838 349 FEDERAL SUPPLEMENT, 2d SERIES TVPA, assault and battery, intentional in- (4) partners’ behavior in reporting physi- fliction of emotional distress, and negli- cian’s suspected mental unfitness was gence claims against the SAAR Network not extreme and outrageous conduct are dismissed. Adel Batterjee’s motion to that intentionally inflicted emotional dismiss the Burnett complaint is denied. distress; So ordered. (5) partners did not negligently inflict emotional distress; (6) physician failed to exhaust administra- $ tive remedies on ADA claim; and (7) physician was not employee for pur- poses of ADA claim. Motions granted in part and denied in Lawrence AGEE Plaintiff, part. Vv. Richard GRUNERT, M.D., Chris Fuku- 1. Federal Civil Procedure €2554 da, M.D., Fletcher Allen Health Care, On defendants’ motion for summary Inc., and Copley Hospital Defendants. judgment, district court would not consider No. 2:00-CV_169. new claims raised for first time in plain- tiffs memorandum in opposition to motion. United States District Court, Fed.Rules Civ.Proc.Rule 56, 28 U.S.C.A. D. Vermont. 2. Libel and Slander <1 Oct. 1, 2004. Under Vermont law, the elements of Background: Physician brought federal defamation are: (1) a false and defamatory statutory and state contract and tort statement concerning another; (2) some claims against former partners in medical negligence, or greater fault, in publishing group practice and others, after partners the statement; (3) publication to at least reported his alleged mental unfitness to one third person; (4) lack of privilege in practice medicine and placed him on dis- the publication; (5) special damages, unless ability leave. Partners moved for summary actionable per se; and (6) some actual judgment, and physician cross-moved for harm go as to warrant compensatory dam- summary judgment. ages. Holdings: The District Court, Sessions, ‘ Chief Judge, held that: 3. Libel and Slander <=30 . . (1) under Vermont law, partners did not Under V