CENTRAL MAINE POWER COMPANY v. MAINE COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES et al
| CENTRAL MAINE POWER COMPANY |
| MAINE COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES, WILLIAM J SCHNEIDER, DAVID R HASTINGS, III, SARAH E LECLAIRE, DENNIS MARBLE, STACEY D NEUMANN and AARON FREY |
| FREE SPEECH FOR PEOPLE and REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS |
| VERSANT POWER, ENMAX CORPORATION, MAINE PRESS ASSOCIATION, MAINE ASSOCIATION OF BROADCASTERS, JANE P PRINGLE, KENNETH FLETCHER, BONNIE S GOULD, BRENDA GARRAND and LAWRENCE WOLD |
| PROTECT MAINE ELECTIONS |
| 1:2023cv00450 |
| December 12, 2023 |
| US District Court for the District of Maine |
| JOHN C NIVISON |
| NANCY TORRESEN |
| LANCE E WALKER |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
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Filing 57
NOTICE of Hearing on Motions re #4 22 , 25 , 27 , Oral Argument set for 2/23/2024 09:30 AM in Portland Courtroom 2 before JUDGE NANCY TORRESEN. (slg)
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Filing 56
MOTION for Oral Argument/Hearing re 22 MOTION for Temporary Restraining Order by ENMAX CORPORATION, VERSANT POWER Responses due by 2/27/2024. (WOODCOCK, JOHN)
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Filing 55
MOTION for Oral Argument/Hearing re 25 MOTION for Preliminary Injunction by MAINE ASSOCIATION OF BROADCASTERS, MAINE PRESS ASSOCIATION Responses due by 2/27/2024. (SCHUTZ, SIGMUND)
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Filing 54
REPLY to Response to Motion re 27 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by KENNETH FLETCHER, BRENDA GARRAND, BONNIE S GOULD, JANE P PRINGLE, LAWRENCE WOLD. (WOODCOCK, TIMOTHY)
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Filing 53
REPLY to Response to Motion re 22 MOTION for Temporary Restraining Order filed by ENMAX CORPORATION, VERSANT POWER. (MCDONALD, PAUL)
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Filing 52
REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by CENTRAL MAINE POWER COMPANY. (DUNLAP, JOSHUA)
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Filing 51
REPLY to Response to Motion re 25 MOTION for Preliminary Injunction filed by MAINE ASSOCIATION OF BROADCASTERS, MAINE PRESS ASSOCIATION. (SCHUTZ, SIGMUND)
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Filing 50
AMICUS CURIAE BRIEF/RESPONSE to Motion re 25 MOTION for Preliminary Injunction, 22 MOTION for Temporary Restraining Order, 27 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. Reply due by 2/5/2024. (DOLAN, SCOTT) Modified on 1/23/2024 to reflect Amicus Curie Brief (slg).
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Filing 49
ORDER on Consent Motion #48 . The Court has considered the parties' respective positions on page limits for the Plaintiffs' reply briefs. Each Plaintiff may file a reply of no more than 15 pages. Alternatively, if the Plaintiffs prefer and agree, they may reallocate the Plaintiffs' combined 60 pages among themselves however they see fit. By JUDGE NANCY TORRESEN. (RGK)
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Filing 48
Consent MOTION Concerning the Parties' Respective Positions on Page Limits for Plaintiffs' Reply Briefs by ENMAX CORPORATION, VERSANT POWER Responses due by 2/9/2024. (WOODCOCK, JOHN)
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Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorneys Ben Clements, Courtney Hostetler and Ronald Fein must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 1/22/2024. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (cjd)
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Filing 47
RESPONSE to Motion re 27 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 22 MOTION for Temporary Restraining Order, 25 MOTION for Preliminary Injunction filed by AARON FREY, DAVID R HASTINGS, III, SARAH E LECLAIRE, MAINE COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES, DENNIS MARBLE, STACEY D NEUMANN, WILLIAM J SCHNEIDER. Reply due by 1/26/2024. (Attachments: #1 Affidavit of Jonathan Wayne, #2 Exhibit A: Commercial Source Contributions 2013-2023, #3 Exhibit B: Aggregate Commercial Source Contributions 2013-2023, #4 Affidavit of Jonathan Bolton, #5 Exhibit A: Hydro-Quebec Form 18-K, #6 Exhibit B: Letter to Hydro-Quebec, #7 Exhibit C: Press Clippings, #8 Exhibit D: LD 194 Committee File, #9 Exhibit E: LD 1610 Committee File, #10 Exhibit F: Governor's Proclamation, #11 Exhibit G: Text of LD 1610 (the Act))(BOLTON, JONATHAN)
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Filing 46
BRIEF OF AMICUS CURIAE/RESPONSE in Opposition re 22 MOTION for Temporary Restraining Order, 27 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 25 MOTION for Preliminary Injunction, #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by PROTECT MAINE ELECTIONS. Reply due by 1/26/2024. (TURLEY, SEAN) Modified on 1/16/2024 to reflect Amicus Curiae Brief (cjd).
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Filing 45
AMICUS CURIAE BRIEF/RESPONSE to Motion re 22 MOTION for Temporary Restraining Order, 27 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 25 MOTION for Preliminary Injunction, #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by FREE SPEECH FOR PEOPLE. Reply due by 1/26/2024. (BRANN, PETER) Modified on 1/16/2024 to reflect Amicus Curiae Brief (cjd).
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Filing 44
ORDER granting #37 Unopposed Motion for Leave to File Amicus Curiae Brief. The Reporters Committee for Freedom of the Press may file a brief of no more than 20 pages by January 22, 2024. By JUDGE NANCY TORRESEN. (RGK)
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Filing 43
ORDER granting #33 Unopposed Motion for Leave to File Amicus Curiae Brief. Counsel is instructed to separately file its amicus curiae brief on the docket. By JUDGE NANCY TORRESEN. (RGK)
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Filing 42
CERTIFICATION for Admission Pro Hac Vice of Ronald A. Fein filed by PETER J. BRANN on behalf of FREE SPEECH FOR PEOPLE (Total admission fee $ 100 receipt number AMEDC-2900232.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (BRANN, PETER)
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Filing 41
CERTIFICATION for Admission Pro Hac Vice of John C. Bonifaz filed by PETER J. BRANN on behalf of FREE SPEECH FOR PEOPLE (Total admission fee $ 100 receipt number AMEDC-2900225.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (BRANN, PETER)
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Filing 40
CERTIFICATION for Admission Pro Hac Vice of Courtney Hostetler filed by PETER J. BRANN on behalf of FREE SPEECH FOR PEOPLE (Total admission fee $ 100 receipt number AMEDC-2900210.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (BRANN, PETER)
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Filing 39
CERTIFICATION for Admission Pro Hac Vice of Ben Clements filed by PETER J. BRANN on behalf of FREE SPEECH FOR PEOPLE (Total admission fee $ 100 receipt number AMEDC-2900199.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (BRANN, PETER)
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Filing 38
CERTIFICATION for Admission Pro Hac Vice of Amira Mattar filed by PETER J. BRANN on behalf of FREE SPEECH FOR PEOPLE (Total admission fee $ 100 receipt number CMEDC-2900167.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (BRANN, PETER)
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Filing 37
Unopposed MOTION for Leave to File Amicus Curiae Brief by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS Responses due by 2/2/2024. (DOLAN, SCOTT)
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Filing 36
CERTIFICATION for Admission Pro Hac Vice of Megan McAllen filed by PETER L. MURRAY on behalf of PROTECT MAINE ELECTIONS (Total admission fee $ 100 receipt number AMEDC-2900105.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (MURRAY, PETER)
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Filing 35
CERTIFICATION for Admission Pro Hac Vice of Tara Malloy filed by PETER L. MURRAY on behalf of PROTECT MAINE ELECTIONS (Total admission fee $ 100 receipt number AMEDC-2900093.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (MURRAY, PETER)
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Filing 34
NOTICE re #31 MOTION Admission of Tara Malloy pro hac vice , #32 MOTION Admission of Megan P. McAllen pro hac vice: These documents were marked filed in error and should be re-filed in accordance with Local Rule 83.1(c)(1) using the docketing option: Civil Events, Other Filings, Notices, Certification for Admission Pro Hac Vice (mlm)
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Filing 33
Unopposed MOTION for Leave to File Amicus Curiae Brief by FREE SPEECH FOR PEOPLE Responses due by 2/2/2024. (Attachments: #1 Exhibit Proposed Amicus Brief)(BRANN, PETER)
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Filing 32
*FILED IN ERROR* MOTION Admission of Megan P. McAllen pro hac vice by PROTECT MAINE ELECTIONS Responses due by 2/2/2024. (MURRAY, PETER) Modified on 1/12/2024 re: error (mlm).
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Filing 31
*FILED IN ERROR* MOTION Admission of Tara Malloy pro hac vice by PROTECT MAINE ELECTIONS Responses due by 2/2/2024. (MURRAY, PETER) Modified on 1/12/2024 re: error (mlm).
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Set Deadlines: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney TARA MALLOY, MEGHAN P. MCALLEN must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 1/19/2024. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (mlm)
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Set Deadlines : Amicus Brief Deadline from REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS due by 1/22/2024. (cjd)
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Filing 30
ORDER granting in part #15 Motion for Leave to Participate as Amicus Curiae Plus ; granting in part 24 Motion for Leave to Participate as Amicus Curiae Plus ; granting in part 26 Motion for Leave to Participate as Amicus Curiae Plus and granting in part 28 Motion for Leave to Participate as Amicus Curiae Plus. No party objects to Protect Maine Elections' request to file an amicus brief. Several parties do, however object to Protect Maine Elections' request to act as "amicus curiae plus" and also submit evidence and testimony on factual issues. At this stage, I will allow Protect Maine Elections to submit an amicus brief on the pending motions for preliminary injunction as a traditional amicus curiae, but will not allow it to also present evidence as an "amicus curiae plus." Protect Maine Elections may renew its request to provide evidence and testimony on factual issues at a later stage of the case, and I will reconsider the limits of amicus participation then. At this time, Protect Maine Elections will receive service of documents and notice of events and may submit an amicus brief of up to 35 pages by January 12, 2024. By JUDGE NANCY TORRESEN. (mnd)
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Filing 29
ORDER granting 23 Motion for Leave to File Excess Pages Instanter - By JUDGE NANCY TORRESEN. (mnd)
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Filing 28
MOTION for Leave to Participate as Amicus Curiae Plus by PROTECT MAINE ELECTIONS. No PDF document is attached to this docket entry. Motion originally filed in case 1:23-cv-00453-NT. To view PDF document, see ECF No.12 in case 1:23-cv-00453-NT. (mnd)
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Filing 27
MOTION for Temporary Restraining Order & MOTION for Preliminary Injunction by KENNETH FLETCHER, BRENDA GARRAND, BONNIE S GOULD, JANE P PRINGLE & LAWRENCE WOLD. No PDF document is attached to this docket entry. Motion originally filed in case 1:23-cv-00453-NT. To view PDF document, see ECF No. 8 in case 1:23-cv-00453-NT. (mnd)
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Filing 26
MOTION for Leave to Participate as Amicus Curiae Plus by PROTECT MAINE ELECTIONS. No PDF document is attached to this entry. Motion originally filed in case 1:23-cv-00452-NT. To view PDF document, see ECF No. 22 in case 1:23-cv-00452-NT. (mnd)
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Filing 25
MOTION for Preliminary Injunction filed by MAINE PRESS ASSOCIATION and MAINE ASSOCIATION OF BROADCASTERS. NO PDF document is attached to this entry. Motion originally filed in case 1:23-cv-00452-NT. To view PDF document, see ECF No. 3 in case 1:23-cv-00452-NT. (mnd)
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Filing 24
MOTION for Leave to Participate as Amicus Curiae Plus by PROTECT MAINE ELECTIONS. No PDF document is attached to this docket entry. Motion originally filed in case 1:23-cv-00451. To view PDF document, see ECF No. 15 in case 1:23-cv-00451-NT. (mnd)
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Filing 23
MOTION for Leave to File Excess Pages Instanter by VERSANT POWER and ENMAX CORPORATION. No PDF document is attached to this docket entry. The motion was originally filed in case 1:23-cv-00451-NT. To view PDF document, see ECF No. 5 in case 1:23-cv-00451-NT. (mnd)
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Filing 22
MOTION for Temporary Restraining Order filed by VERSANT POWER and ENMAX CORPORATION. No PDF document is attached to this docket entry. Motion originally filed in case 1:23-cv-00451-NT. To view PDF document, see ECF No. 4 in case 1:23-cv-00451-NT. (mnd)
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Filing 21
NOTICE : Please be advised that in accordance with the Court's Order to Consolidate Cases, ECF No. 20, that cases 1:23-cv-00451-NT, 1:23-cv-00452-NT and 1:23-cv-00453-NT have been consolidated into case 1:23-cv-00450-NT. Case 1:23-cv-00450-NT is now the lead case. All further docket entries must be made in the lead case, 1:23-cv-00450-NT. (mnd)
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Filing 20
ORDER TO CONSOLIDATE CASES - granting #17 Motion to Consolidate Cases; granting #17 Motion Concerning Page Limits - By JUDGE NANCY TORRESEN. (mnd)
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Filing 19
RESPONSE in Opposition re #15 MOTION For Leave to Participate as Amicus Curiae Plus filed by PROTECT MAINE ELECTIONS. Reply due by 1/23/2024. (TURLEY, SEAN)
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Filing 18
NOTICE of Appearance by SEAN R. TURLEY on behalf of PROTECT MAINE ELECTIONS (TURLEY, SEAN)
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Set Deadlines - Per Order #20: Parties to confer about page limits for the Plaintiffs' reply memoranda and submit to the court a proposal, or competing proposals, concerning reply page limits by 1/19/2024. (mnd)
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Set Deadlines as to #4 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, 22 MOTION for Temporary Restraining Order, 25 MOTION for Preliminary Injunction, 27 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction - Per Orders #13 and #20: Consolidated Response due by 1/12/2024. Replies due by 1/31/2024. (mnd)
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Set Deadlines - Per Order #30: Amicus Brief by Protect Maine Elections due by 1/12/2024. (mnd)
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Filing 17
Joint MOTION to Consolidate Cases ( Responses due by 1/26/2024.), MOTION Concerning Page Limits by CENTRAL MAINE POWER COMPANY (DUNLAP, JOSHUA)
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Filing 16
RESPONSE in Opposition re #15 MOTION For Leave to Participate as Amicus Curiae Plus filed by CENTRAL MAINE POWER COMPANY. Reply due by 1/19/2024. (DUNLAP, JOSHUA)
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Filing 15
MOTION For Leave to Participate as Amicus Curiae Plus by PROTECT MAINE ELECTIONS Responses due by 1/24/2024. (MURRAY, PETER)
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Filing 14
WAIVER OF SERVICE Returned Executed as to all defendants. Waivers sent on 12/13/2023. (Attachments: #1 Waiver of Service - Aaron Frey, #2 Waiver of Service - David Hastings, III, #3 Waiver of Service - Dennis Marble, #4 Waiver of Service - Sarah LeClaire, #5 Waiver of Service - Stacey Neumann, #6 Waiver of Service - William Schneider)(DUNLAP, JOSHUA) Modified on 1/3/2024 to clean up text and add date waivers sent (mnd).
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Set Answer Deadline for All Defendants - Per Waivers of Service Returned Executed #14: Answers due by 2/12/2024. (mnd)
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Filing 13
ORDER granting #11 Motion to Amend Scheduling Order to Set New Briefing Schedule for Motions for Preliminary Relief. By JUDGE NANCY TORRESEN. (slg)
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Reset Deadlines as to #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction per Order #13: Responses due by 1/12/2024. Reply due by 1/31/2024. (slg)
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Filing 12
***FILED IN ERROR****Consent MOTION for Order - Scheduling Order by AARON FREY, DAVID R HASTINGS, III, SARAH E LECLAIRE, MAINE COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES, DENNIS MARBLE, STACEY D NEUMANN, WILLIAM J SCHNEIDER Responses due by 1/5/2024. (BOLTON, JONATHAN) Modified on 12/15/2023 to mark filed in error as duplicate of ECF NO. 11(slg).
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Filing 11
Consent MOTION to Amend Scheduling Order to Set New Briefing Schedule for Motions for Preliminary Relief by AARON FREY, DAVID R HASTINGS, III, SARAH E LECLAIRE, MAINE COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES, DENNIS MARBLE, STACEY D NEUMANN, WILLIAM J SCHNEIDER Responses due by 1/5/2024. (BOLTON, JONATHAN)
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Filing 10
NOTICE of Appearance by PAUL E. SUITTER on behalf of All Defendants (SUITTER, PAUL)
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Filing 9
NOTICE of Appearance by JONATHAN R. BOLTON on behalf of All Defendants (BOLTON, JONATHAN)
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Filing 8
Minute Entry for proceedings held before JUDGE NANCY TORRESEN: Telephone Conference held. Set Deadlines as to Motion for TRO, Motion for Preliminary Injunction. Responses due by 12/22/2023. Reply due by 12/27/2023. (Court Reporter: Lori Dunbar) (slg)
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Filing 7
NOTICE of Hearing: Telephone Conference set for 12/13/2023 01:00 PM before JUDGE NANCY TORRESEN. All parties will be provided with the Court's call-in information.(slg)
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Filing 6
Summons Issued as to MAINE COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES, WILLIAM J SCHNEIDER, DAVID R HASTINGS, III, SARAH E LECLAIRE, DENNIS MARBLE, STACEY D NEUMANN and AARON FREY. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). First Attached Document: MCGEEP Summons (Attachments: #1 Schneider Summons, #2 Hastings Summons, #3 LeClaire Summons, #4 Marble Summons, #5 Neumann Summons, #6 Frey Summons)(mnd)
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Filing 5
ORDER OF RECUSAL. By JUDGE LANCE E. WALKER. (jwr)
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Filing Fee Paid via Credit Card ( Filing fee $ 405 receipt number AMEDC-2888950.), filed by CENTRAL MAINE POWER COMPANY.(DUNLAP, JOSHUA)
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Case Randomly Reassigned to JUDGE NANCY TORRESEN. (jwr)
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Filing 4
MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by CENTRAL MAINE POWER COMPANY. (Attachments: #1 Letter from Counsel)(mnd)
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Filing 3
CORPORATE DISCLOSURE STATEMENT filed by CENTRAL MAINE POWER COMPANY. (mnd)
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Filing 2
CIVIL COVER SHEET. (mnd)
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Filing 1
COMPLAINT against MAINE COMMISSION ON GOVERNMENTAL ETHICS AND ELECTION PRACTICES, WILLIAM J SCHNEIDER, DAVID R HASTINGS, III, SARAH E LECLAIRE, DENNIS MARBLE, STACEY D NEUMANN and AARON FREY filed by CENTRAL MAINE POWER COMPANY. Service of Process Deadline due by 3/11/2024. Fee due by 12/14/2023. PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS. (Attachments: #1 Exhibit A - Foreign Spending Initiative Maine 2023)(mnd)
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