Thivierge v. Town of Amesbury, et al Featured Case

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Defendant - Appellees: AMESBURY, MA, THATCHER W. KEZER, III, AMESBURY, MA TOWN ASSESSOR, AMESBURY, MA TOWN CLERK and AGENT OF LIBRARY
Plaintiff - Appellant: JAMES N. THIVIERGE
 
Case Number: 10-1389
Filed: April 8, 2010
 
Court: U.S. Court of Appeals, First Circuit
 
Nature of Suit: Civil Rights - Other Civil Rights
 
Previous Case: Thivierge v. Town of Amesbury et al (1:2008cv10123)

Docket Report

We have record of the following docket entries for this case.
Date Filed#Document Text
October 14, 2011 Record returned to originating court: Docs. 1-45, 46-59, 61-63, 64(exhibits), 65-96, 98, 103, Exhibit Booklet, [10-1389] (CC)
October 7, 201169MANDATE issued. [10-1389] (GK)
October 7, 201168Court Opinion or Order ORDER entered by Rogeriee Thompson, Appellate Judge denying motion to stay mandate filed by Appellant James N. Thivierge. [10-1389] (GK)
October 3, 201167MOTION to stay mandate filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
September 26, 201166Court Opinion or Order ORDER entered by Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella, Appellate Judge; Michael Boudin, Appellate Judge; Kermit V. Lipez, Appellate Judge; Jeffrey R. Howard, Appellate Judge and Rogeriee Thompson, Appellate Judge granting motion to file oversized petition for rehearing en banc; denying motion to amend petition; denying petition for panel rehearing and rehearing en banc filed by Appellant James N. Thivierge. [10-1389] (GK)
July 5, 201165ADDENDA to Petition for rehearing en banc filed by pro se Appellant James N. Thivierge. Certificate of service not included. [10-1389] (GK)
July 5, 201164PETITION for rehearing en banc filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
July 5, 201163MOTION to expedite ruling of petition for rehearing en banc filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
July 5, 201162MOTION to amend petition for rehearing en banc filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
July 5, 201161MOTION for leave to file oversized petition for rehearing en banc filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
June 21, 201160Court Opinion or Order ORDER granting motion to extend time to file petition for rehearing filed by Appellant James N. Thivierge. Petition for rehearing due 07/05/2011.. [10-1389] (GK)
June 20, 201159MOTION to extend time to file petition for rehearing filed (via fax) by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
June 8, 201158JUDGMENT entered by Juan R. Torruella, Appellate Judge; Michael Boudin, Appellate Judge and Rogeriee Thompson, Appellate Judge. Affirmed. [10-1389] (GK)
May 17, 2011 CASE submitted. Panel: Juan R. Torruella, Appellate Judge; Michael Boudin, Appellate Judge; Rogeriee Thompson, Appellate Judge. [10-1389] (SBT)
May 4, 2011 PLEADING tendered: Amended Reply Brief filed by Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (TS)
May 4, 201155MOTION for leave to file amended reply brief filed by Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (TS)
May 4, 2011 PLEADING tendered: Reply Brief (3 paper copies) An Addendum to the reply brief (1 paper copy) filed by Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (BLC)
April 26, 201153Court Opinion or Order ORDER entered. Any motion for leave to file an amended reply brief must be accompanied by the proffered amended reply brief and both the motion for leave to file an amended reply brief and the proffered amended reply brief must be tendered for filing on or before May 4, 2011. No further extensions will be granted. We will consider the motion for leave to file an amended reply brief once both the motion and the proffered brief are tendered for filing. [10-1389] (GK)
March 25, 201152CASE submitted. Panel: Juan R. Torruella, Appellate Judge; Michael Boudin, Appellate Judge; Kermit V. Lipez, Appellate Judge. [10-1389] (LM)
March 23, 201151Court Opinion or Order ORDER denying motion to file amended reply brief and motion to extend time to file amended reply brief without prejudice to refiling along with the brief that appellant proposes to file filed by Appellant James N. Thivierge. [10-1389] (GK)
March 21, 201150REPLY BRIEF filed by pro se Appellant James N. Thivierge. Number of copies: 4. Certificate of service not included. [10-1389] (GK)
March 21, 201149MOTION for leave to file amended brief, to extend time to file amended reply brief by the first week of April filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
March 21, 2011 PLEADING tendered: Reply Brief ( 4 copies ) filed by Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (RL)
March 3, 201147Court Opinion or Order ORDER granting motion to extend time to file reply brief filed by Appellant James N. Thivierge. Reply brief due 03/21/2011 for Appellant James N. Thivierge. No further extension of this deadline should be expected.. [10-1389] (GK)
March 2, 201146MOTION to extend time to file reply brief filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
January 28, 201145Court Opinion or Order ORDER granting motion to extend time to file reply brief filed by Appellant James N. Thivierge. Reply brief due 03/07/2011 for Appellant James N. Thivierge. We are disinclined to grant a request for further enlargement of this deadline.. [10-1389] (GK)
January 27, 201144MOTION to extend time to file reply brief filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
January 25, 2011 SUPPLEMENTAL APPENDIX filed by Appellees Agent of Library, Amesbury, MA, Amesbury, MA Town Assessor, Amesbury, MA Town Clerk and Thatcher W. Kezer, III. Number of volumes: 4. Number of copies: 5. Certificate of service dated 01/18/2011. [10-1389] (GK)
January 25, 201142Court Opinion or Order ORDER granting motion for leave to file supplemental appendix filed by Appellees Amesbury, MA, Thatcher W. Kezer, III, Amesbury, MA Town Assessor, Amesbury, MA Town Clerk and Agent of Library. [10-1389] (GK)
January 24, 2011 NINE (9) paper copies of appellee/respondent brief [36] submitted by Appellees Agent of Library, Amesbury, MA, Amesbury, MA Town Assessor, Amesbury, MA Town Clerk and Thatcher W. Kezer, III. [10-1389] (BLC)
January 21, 201140CERTIFICATE of service for pleading tendered [5520360-2] filed by Appellees Agent of Library, Amesbury, MA, Amesbury, MA Town Assessor and Amesbury, MA Town Clerk. Certificate of service dated 01/18/2011. [10-1389] (KID)
January 21, 201139CORRECTED MOTION for leave to file Supplemental Appendix filed by Appellees Agent of Library, Amesbury, MA, Amesbury, MA Town Assessor, Amesbury, MA Town Clerk and Thatcher W. Kezer, III. Certificate of service dated 01/21/2011. [10-1389] (KID)
January 21, 201138MOTION for leave to file Supplemental Appendix filed by Appellees Agent of Library, Amesbury, MA, Amesbury, MA Town Assessor, Amesbury, MA Town Clerk and Thatcher W. Kezer, III. [10-1389] (KID)
January 19, 2011 PLEADING tendered: Appendix (4 volumes, 5 copies) filed by Appellees Agent of Library, Amesbury, MA, Amesbury, MA Town Assessor, Amesbury, MA Town Clerk and Thatcher W. Kezer, III. Certificate of service was not included. [10-1389] (BLC)
January 18, 201136APPELLEES' BRIEF filed by Appellees Agent of Library, Amesbury, MA, Amesbury, MA Town Assessor, Amesbury, MA Town Clerk and Thatcher W. Kezer, III. Certificate of service dated 01/18/2011. Reply brief due 02/04/2011 for Appellant James N. Thivierge. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 01/26/2011. [10-1389] (BLC)
January 18, 201135BRIEF tendered by Appellees Agent of Library, Amesbury, MA, Amesbury, MA Town Assessor, Amesbury, MA Town Clerk and Thatcher W. Kezer, III. Certificate of service dated 01/18/2011. [10-1389] (KID)
January 10, 201134Court Opinion or Order ORDER entered by Sandra L. Lynch, Chief Appellate Judge; Michael Boudin, Appellate Judge and Rogeriee Thompson, Appellate Judge denying motion to prepare transcript at government expense filed by Appellant James N. Thivierge. [10-1389] (GK)
January 5, 201133Court Opinion or Order ORDER directing Appellees Agent of Library, Amesbury, MA, Amesbury, MA Town Assessor, Amesbury, MA Town Clerk and Thatcher W. Kezer, III to file a conforming brief. Brief due 01/19/2011. [10-1389] (GK)
January 3, 201132BRIEF tendered by Appellees Amesbury, MA and Thatcher W. Kezer, III. Certificate of service dated 01/03/2011. [10-1389] (KID)
December 21, 201031Court Opinion or Order ORDER granting motion to extend time to file brief and/or appendix filed by Appellees Amesbury, MA, Thatcher W. Kezer, III, Amesbury, MA Town Assessor, Amesbury, MA Town Clerk and Agent of Library. Brief due 01/03/2011 for Appellee Agent of Library, Appellee Amesbury, MA, Appellee Amesbury, MA Town Assessor, Appellee Amesbury, MA Town Clerk and Appellee Thatcher W. Kezer III. [10-1389] (GK)
December 20, 201030MOTION to extend time to file brief filed by Appellees Agent of Library, Amesbury, MA, Amesbury, MA Town Assessor, Amesbury, MA Town Clerk and Thatcher W. Kezer, III. Certificate of service dated 12/20/2010. [10-1389] (KID)
December 8, 201029MOTION to prepare transcript(s) at government expense filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
November 18, 201028APPELLANT'S AMENDED BRIEF filed by Appellant James N. Thivierge. Number of copies: 4. Certificate of Service not included. Brief due 12/21/2010 for Appellee Agent of Library, Appellee Amesbury, MA, Appellee Amesbury, MA Town Assessor, Appellee Amesbury, MA Town Clerk and Appellee Thatcher W. Kezer III [10-1389] (GK)
November 18, 201027Court Opinion or Order ORDER granting motion to file amended brief filed by pro se Appellant James N. Thivierge. [10-1389] (GK)
November 15, 2010 PLEADING tendered: Amended Brief (4 paper copies) filed by Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (BLC)
November 8, 201025** See Amended Brief docketed on 11/18/2010** APPELLANT'S BRIEF filed by Appellant James N. Thivierge. Certificate of service was not included. Brief due 12/21/2010 for Appellees Agent of Library, Amesbury, MA, Amesbury, MA Town Assessor, Amesbury, MA Town Clerk and Thatcher W. Kezer III [10-1389]--[Edited 11/09/2010 and 11/18/2010 by BLC and GK]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (BLC)
November 2, 201024Court Opinion or Order ORDER granting motion to extend time to file brief filed by Appellant James N. Thivierge. Brief due 11/08/2010 for Appellant James N. Thivierge. [10-1389] (GK)
November 1, 201023MOTION to extend time to file appellant's brief filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
October 19, 2010 Public docket note: Courtesy copy of response to District Court Judge Saris' electronic order dated 10/13/10 regarding access to the transcript filed by pro se appellant James N. Thivierge. [10-1389] (GK)
October 18, 201021Court Opinion or Order ORDER granting motion to extend time to file brief filed by Appellant James N. Thivierge. Brief due 11/01/2010 for Appellant James N. Thivierge. [10-1389] (GK)
October 15, 201020MOTION to extend time to file appellant's brief filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
September 15, 201019Court Opinion or Order ORDER granting motion to extend time to file brief filed by Appellant James N. Thivierge. Brief due 10/20/2010 for Appellant James N. Thivierge. We are disinclined to grant a request for further enlargement of this deadline.. [10-1389] (GK)
September 15, 201018MOTION to extend time to file appellant's brief filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
September 15, 2010 NOTICE of filing the following transcript(s) in district court by Court Reporter Lee Alice Marzilli: 03/12/2008, Pre-Conference Hearing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [10-1389] (GK)
August 30, 2010 Public docket note: Duplicate copy of motion to extend time to file appellant's brief and transcript order form filed by pro se appellant James N. Thivierge. [10-1389] (GK)
August 20, 2010 Public docket note: Duplicate copy of motion to extend time to file appellant's brief and transcript order form filed by pro se appellant James N. Thivierge. [10-1389] (GK)
August 18, 2010 Public docket note: Original copy of motion to extend time to file appellant's brief and transcript order form filed by pro se appellant James N. Thivierge. [10-1389] (GK)
August 17, 201013Court Opinion or Order ORDER granting motion to extend time to file brief filed by Appellant James N. Thivierge. Brief due 09/20/2010 for Appellant James N. Thivierge. [10-1389] (GK)
August 17, 201012TRANSCRIPT report/order form filed by Appellant James N. Thivierge indicating the following transcripts are being ordered: 03/12/2008, Pre-Conference Hearing. Transcript(s) due 09/16/2010 from Court Reporter Lee Alice Marzilli. [10-1389] (GK)
August 17, 201011MOTION to extend time to file appellant's brief filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
July 20, 201010Court Opinion or Order ORDER granting motion to extend time to file brief filed by Appellant James N. Thivierge. Brief due 08/19/2010 for Appellant James N. Thivierge. [10-1389] (GK)
July 19, 20109MOTION to extend time to file appellant's brief filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK)
June 8, 20108BRIEFING schedule set. Brief due 07/19/2010 for Appellant James N. Thivierge. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 14 days following service of appellee's brief. [10-1389] (GK)
June 8, 2010 NOTICE of filing the following transcript(s) in district court by Court Reporter Lee Alice Marzilli: 02/01/2010, Trial; 02/02/2010, Trial; 02/03/2010, Trial; 02/04/2010, Trial. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [10-1389] (GK)
May 5, 2010 Request to proceed in forma pauperis on appeal filed by Appellant James N. Thivierge was granted in the district court by order dated 05/03/2010. [10-1389] (CD)
May 5, 2010 SUPPLEMENTAL Record filed containing district court DE 103, order granting plaintiffs' motion to proceed IFP. [10-1389] (CD)
April 27, 20104NOTICE of appearance on behalf of Appellees Agent of Library, Amesbury, MA, Amesbury, MA Town Assessor and Amesbury, MA Town Clerk, and Thatcher W. Kezer, III filed by Attorney Katharine I. Doyle. Certificate of service dated 04/27/2010. [10-1389]--[Edited 04/27/2010 by GK] CLERK'S NOTE: Filer selection was incomplete. Correction made by clerk's office. No further action required. (KID)
April 9, 20103TRANSCRIPT Report/Order Form filed by Appellant James N. Thivierge. The following transcript(s) have been ordered: Dt. of Proceeding/Hearing: 02/01/2010, Type of Proceeding: Trial and Opening Statement (Defendant); Dt. of Proceeding/Hearing: 02/02/2010, Type of Proceeding: Trial; Dt. of Proceeding/Hearing: 02/03/2010, Type of Proceeding: Trial, Closing Arguments (plaintiff/defendant) Jury Instructions, and Jury Question; Dt. of Proceeding/Hearing: 02/04/2010, Type of Proceeding: Trial. Transcript(s) due 06/08/2010 from Court Reporter Lee Alice Marzilli. [10-1389] (GK)
April 8, 2010 RECORD filed. Comments: docket entries 1-59, 61-96, and 98. [10-1389] (GK)
April 8, 20101CIVIL CASE docketed. Notice of appeal (doc. #98) filed by pro se Appellant James N. Thivierge. Opening forms sent. Fee due 04/22/2010. [10-1389] (GK)
Docket Report Last Updated: January 16, 2012 20:39:23 PST

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Defendant - Appellee: AMESBURY, MA
Represented By: Katharine I. Doyle
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Defendant - Appellee: THATCHER W. KEZER, III
Represented By: Katharine I. Doyle
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Defendant - Appellee: AMESBURY, MA TOWN ASSESSOR
Represented By: Katharine I. Doyle
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Defendant - Appellee: AMESBURY, MA TOWN CLERK
Represented By: Katharine I. Doyle
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Defendant - Appellee: AGENT OF LIBRARY
Represented By: Katharine I. Doyle
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Plaintiff - Appellant: JAMES N. THIVIERGE
Represented By: James N. Thivierge
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