Thivierge v. Town of Amesbury, et al
| JAMES N. THIVIERGE |
| AMESBURY, MA, THATCHER W. KEZER, III, AMESBURY, MA TOWN ASSESSOR, AMESBURY, MA TOWN CLERK and AGENT OF LIBRARY |
| 10-1389 |
| April 8, 2010 |
| U.S. Court of Appeals, First Circuit |
| Other Civil Rights |
Docket Report
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| Record returned to originating court: Docs. 1-45, 46-59, 61-63, 64(exhibits), 65-96, 98, 103, Exhibit Booklet, [10-1389] (CC) |
| Filing 69 MANDATE issued. [10-1389] (GK) |
Filing 68
ORDER entered by Rogeriee Thompson, Appellate Judge denying motion to stay mandate filed by Appellant James N. Thivierge. [10-1389] (GK)
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| Filing 67 MOTION to stay mandate filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK) |
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Filing 66
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)
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| Filing 65 ADDENDA to Petition for rehearing en banc filed by pro se Appellant James N. Thivierge. Certificate of service not included. [10-1389] (GK) |
| Filing 64 PETITION for rehearing en banc filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK) |
| Filing 63 MOTION 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) |
| Filing 62 MOTION to amend petition for rehearing en banc filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK) |
| Filing 61 MOTION 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) |
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Filing 60
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)
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| Filing 59 MOTION 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) |
| Filing 58 JUDGMENT entered by Juan R. Torruella, Appellate Judge; Michael Boudin, Appellate Judge and Rogeriee Thompson, Appellate Judge. Affirmed. [10-1389] (GK) |
| CASE submitted. Panel: Juan R. Torruella, Appellate Judge; Michael Boudin, Appellate Judge; Rogeriee Thompson, Appellate Judge. [10-1389] (SBT) |
| Filing 55 MOTION for leave to file amended reply brief filed by Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (TS) |
| 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) |
| PLEADING tendered: Amended Reply Brief filed by Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (TS) |
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Filing 53
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)
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| Filing 52 CASE submitted. Panel: Juan R. Torruella, Appellate Judge; Michael Boudin, Appellate Judge; Kermit V. Lipez, Appellate Judge. [10-1389] (LM) |
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Filing 51
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)
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| Filing 50 REPLY BRIEF filed by pro se Appellant James N. Thivierge. Number of copies: 4. Certificate of service not included. [10-1389] (GK) |
| Filing 49 MOTION 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) |
| PLEADING tendered: Reply Brief ( 4 copies ) filed by Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (RL) |
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Filing 47
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)
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| Filing 46 MOTION to extend time to file reply brief filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK) |
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Filing 45
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)
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| Filing 44 MOTION to extend time to file reply brief filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK) |
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Filing 42
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)
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| 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) |
| 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) |
| Filing 40 CERTIFICATE 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) |
| Filing 39 CORRECTED 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) |
| Filing 38 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. [10-1389] (KID) |
| 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) |
| Filing 36 APPELLEES' 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) |
| Filing 35 BRIEF 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) |
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Filing 34
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)
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Filing 33
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)
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| Filing 32 BRIEF tendered by Appellees Amesbury, MA and Thatcher W. Kezer, III. Certificate of service dated 01/03/2011. [10-1389] (KID) |
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Filing 31
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)
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| Filing 30 MOTION 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) |
| Filing 29 MOTION to prepare transcript(s) at government expense filed by pro se Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (GK) |
| Filing 28 APPELLANT'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) |
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Filing 27
ORDER granting motion to file amended brief filed by pro se Appellant James N. Thivierge. [10-1389] (GK)
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| PLEADING tendered: Amended Brief (4 paper copies) filed by Appellant James N. Thivierge. Certificate of service was not included. [10-1389] (BLC) |
| Filing 25 ** 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) |
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Filing 24
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)
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| Filing 23 MOTION 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) |
| 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) |
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Filing 21
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)
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| Filing 20 MOTION 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) |
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Filing 19
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)
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| Filing 18 MOTION 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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Filing 13
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)
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| Filing 12 TRANSCRIPT 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) |
| Filing 11 MOTION 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) |
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Filing 10
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)
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| Filing 9 MOTION 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) |
| Filing 8 BRIEFING 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) |
| 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) |
| 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) |
| SUPPLEMENTAL Record filed containing district court DE 103, order granting plaintiffs' motion to proceed IFP. [10-1389] (CD) |
| Filing 4 NOTICE 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) |
| Filing 3 TRANSCRIPT 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) |
| Filing 1 CIVIL 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) |
| RECORD filed. Comments: docket entries 1-59, 61-96, and 98. [10-1389] (GK) |
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