Reddy, et al v. Foster, et al
| THOMAS P. VELARDI, in his official capacity as County Attorney for Strafford County, NH and DERRY, NH |
| MARY ROSE REDDY, SUE CLIFTON, JENNIFER ROBIDOUX, JOAN ESPINOLA, TERRY BARNUM, JACKIE PELLETIER and BETTY BUZZELL |
| JOSEPH A. FOSTER, in his official capacity as Attorney General for the State of New Hampshire, D. CHRIS MCLAUGHLIN, in his official capacity as County Attorney for Cheshire County, NH, SCOTT W. MURRAY, in his official capacity as County Attorney for Merrimack County, NH, DENNIS HOGAN, in his official capacity as County Attorney for Hillsborough County, NH, PATRICIA CONWAY, in her official capacity as County Attorney for Rockingham County, NH, MANCHESTER NH, CONCORD, NH, KEENE, NH and GREENLAND, NH |
| 16-1432 |
| April 21, 2016 |
| U.S. Court of Appeals, First Circuit |
| Constitutionality of State Statutes |
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| Archives location information for appendices only. Transfer Number: PT-276-2022-0017. Box Number: 17. The Court of Appeals record is held at the Federal Records Center in Waltham, MA. [16-1397, 16-1402, 16-1403, 16-1407, 16-1412, 16-1414, 16-1415, 16-1417, 16-1421, 16-1422, 16-1432, 16-1434, 16-1561, 16-1436] (YCC) [Entered: 11/01/2022 03:09 PM] |
| MANDATE issued. [16-1432] (CC) [Entered: 02/23/2017 09:11 AM] |
ORDER entered by Sandra L. Lynch, Appellate Judge; Kermit V. Lipez, Appellate Judge and David J. Barron, Appellate Judge: Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy, and Jennifer Robidoux's Petition for Rehearing is denied . [16-1432] (TS) [Entered: 02/15/2017 02:21 PM]
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ORDER granting motion to withdraw as counsel filed by Appellants Mary Rose Reddy, Sue Clifton, Jennifer Robidoux, Joan Espinola, Terry Barnum, Jackie Pelletier and Betty Buzzell. [16-1432] (KPC) [Entered: 01/26/2017 02:58 PM]
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| MOTION for Attorney Matthew Scott Bowman to withdraw as counsel filed by Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux. Certificate of service dated 01/25/2017. [16-1432] (MSB) [Entered: 01/25/2017 09:33 PM] |
| PETITION for panel rehearing filed by Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy, Jennifer Robidoux. Certificate of service dated 01/25/2017. [16-1432]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (MJT) [Entered: 01/25/2017 04:26 PM] |
| OPINION issued by Sandra L. Lynch, Appellate Judge; Kermit V. Lipez, Appellate Judge and David J. Barron, Appellate Judge. Published. [16-1432] (TS) [Entered: 01/11/2017 02:15 PM] |
| JUDGMENT. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The district court's dismissal of the action for want of jurisdiction is affirmed. The dismissal is without prejudice. See Hochendoner v. Genzyme Corp. , 823 F.3d 724, 736 (1st Cir. 2016). [16-1432] (TS) [Entered: 01/11/2017 02:17 PM] |
| CASE argued. Panel: Sandra L. Lynch, Appellate Judge; Kermit V. Lipez, Appellate Judge and David J. Barron, Appellate Judge. Arguing attorneys: Michael John Tierney for Mary Rose Reddy, Sue Clifton, Jennifer Robidoux, Joan Espinola, Terry Barnum, Jackie Pelletier and Betty Buzzell and Elizabeth A. Lahey for Joseph A. Foster. [16-1432] (DJT) [Entered: 12/08/2016 12:34 PM] |
| NOTICE of appearance filed by Attorney Steven H. Aden for Appellants Mary Rose Reddy, Sue Clifton, Jennifer Robidoux, Joan Espinola, Terry Barnum, Jackie Pelletier and Betty Buzzell. Certificate of service dated 12/05/2016. [16-1432] (DJT) [Entered: 12/07/2016 05:34 PM] |
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ORDER ENTERED: Attorney Steve H. Aden's motion to appear in the above noted matter is allowed. [16-1432] (DJT) [Entered: 12/07/2016 05:30 PM]
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| MOTION requesting leave for Attorney Steven H. Aden to enter an appearance filed by Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux. Certificate of service dated 12/05/2016. [16-1432] (MSB) [Entered: 12/05/2016 12:28 PM] |
| CASE calendared: Thursday, 12/08/2016 AM Boston, MA Panel Courtroom. Designation form due 11/14/2016. [16-1432] (DJT) [Entered: 10/31/2016 05:21 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Samantha D Elliott for Appellee Greenland, NH. Certificate of service dated 10/11/2016. [16-1432] (SDE) [Entered: 10/11/2016 11:20 AM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Michael John Tierney for Appellants Mary Rose Reddy, Sue Clifton, Jennifer Robidoux, Joan Espinola, Terry Barnum, Jackie Pelletier and Betty Buzzell. Certificate of service dated 10/11/2016. [16-1432] (MJT) [Entered: 10/11/2016 11:38 AM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Garry Richard Lane for Appellees Concord, NH, Keene, NH, Dennis Hogan, D. Chris McLaughlin, Scott W. Murray, Patricia Conway and Not Parties Thomas P. Velardi and Derry, NH. Certificate of service dated 10/07/2016. [16-1432] (GRL) [Entered: 10/07/2016 02:16 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Elizabeth A. Lahey for Appellee Joseph A. Foster. Certificate of service dated 10/07/2016. [16-1432] (EAL) [Entered: 10/07/2016 09:02 AM] |
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ORDER entered by Sandra L. Lynch, Appellate Judge: Appellee Joseph A. Foster's motion to reschedule oral argument is allowed. This matter will be called for oral argument on December 8, 2016. [16-1432] (DJT) [Entered: 10/04/2016 04:51 PM]
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| ASSENTED TO MOTION to reschedule oral argument filed by Appellee Joseph A. Foster. Certificate of service dated 10/03/2016. [16-1432] (EAL) [Entered: 10/03/2016 03:47 PM] |
| NINE (9) paper copies of reply brief [ # 6035039-2 ] submitted by Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux. [16-1432] (CC) [Entered: 09/30/2016 10:02 AM] |
| CASE calendared: Thursday, 11/10/2016 AM Boston, MA Panel Courtroom. Designation form due 10/14/2016. [16-1432] (DJT) [Entered: 09/30/2016 04:59 PM] |
| PLEADING tendered: Nine(9) paper copies of Brief filed by Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux. [16-1432] (CC) [Entered: 09/27/2016 10:43 AM] |
| REPLY BRIEF filed by Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux. Certificate of service dated 09/20/2016. 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 09/29/2016. [16-1432] (TS) [Entered: 09/22/2016 04:34 PM] |
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ORDER entered. As Appellee Manchester NH has failed to file a brief, appellee will not be heard at oral argument except by permission of the court. [16-1432] (TS) [Entered: 09/20/2016 12:54 PM]
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| BRIEF tendered by Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux. Certificate of service dated 09/20/2016. [16-1432] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. Correction made by clerk's office. No further action required. [16-1432] (MSB) [Entered: 09/20/2016 09:38 AM] |
| NINE (9) paper copies of appellee/respondent brief [ # 6032168-2 ] submitted by Appellees Concord, NH, Patricia Conway, Greenland, NH, Dennis Hogan, Keene, NH, D. Chris McLaughlin and Scott W. Murray. [16-1432] (CC) [Entered: 09/15/2016 10:56 AM] |
| NINE (9) paper copies of appellee/respondent brief [ # 6032168-2 ] submitted by Appellee Joseph A. Foster. [16-1432] (CC) [Entered: 09/14/2016 10:10 AM] |
| APPELLEE'S BRIEF filed by Appellees Concord, NH, Patricia Conway, Greenland, NH, Dennis Hogan, Keene, NH, D. Chris McLaughlin and Scott W. Murray. Certificate of service dated 09/06/2016. 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 09/20/2016. [16-1432] (GRC) [Entered: 09/13/2016 09:44 AM] |
| APPELLEE'S BRIEF filed by Appellee Joseph A. Foster. Certificate of service dated 09/06/2016. 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 09/19/2016. [16-1432] (GRC) [Entered: 09/12/2016 04:59 PM] |
| NOTICE of appearance on behalf of Appellees Concord, NH, Patricia Conway, Dennis Hogan, Keene, NH, D. Chris McLaughlin and Scott W. Murray filed by Attorney John T. Alexander. [16-1432] (JTA) [Entered: 09/06/2016 12:18 PM] |
| BRIEF tendered by Appellees Concord, NH, Patricia Conway, Greenland, NH, Dennis Hogan, Keene, NH, D. Chris McLaughlin and Scott W. Murray. Certificate of service dated 09/06/2016. [16-1432] CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action required. [16-1432] (SDE) [Entered: 09/06/2016 03:38 PM] |
| BRIEF tendered by Appellee Joseph A. Foster. Certificate of service dated 09/06/2016. [16-1432] (EAL) [Entered: 09/06/2016 04:36 PM] |
| NINE (9) paper copies of appellant/petitioner brief [ # 6022083-2 ] submitted by Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux. [16-1432] (CC) [Entered: 08/08/2016 10:08 AM] |
| JOINT APPENDIX filed by Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux. Number of volumes: 1. Number of copies: 5. Certificate of service dated 08/01/2016. [16-1432] (GRC) [Entered: 08/03/2016 04:51 PM] |
| APPELLANT'S BRIEF filed by Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux. Certificate of service dated 08/01/2016. Brief due 09/06/2016 for APPELLEE Concord, NH, Patricia Conway, Joseph A. Foster, Greenland, NH, Dennis Hogan, Keene, NH, Manchester NH, D. Chris McLaughlin and Scott W. Murray. 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 08/09/2016. [16-1432] (GRC) [Entered: 08/02/2016 04:38 PM] |
| BRIEF tendered by Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux. Certificate of service dated 08/01/2016. [16-1432] (MSB) [Entered: 08/01/2016 11:53 AM] |
| NOTICE of appearance on behalf of Appellee Manchester NH filed by Attorney Peter R. Chiesa. Certificate of service dated 07/18/2016. [16-1432] (PRC) [Entered: 07/18/2016 04:14 PM] |
| BRIEFING schedule set. Brief and Appendix due 08/01/2016 for appellant Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux. 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. [16-1432] (TS) [Entered: 06/20/2016 09:38 AM] |
| NOTICE issued. The following attorney has failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Elissa Graves for Mary Rose Reddy, Sue Clifton, Jennifer Robidoux, Joan Espinola, Terry Barnum, Jackie Pelletier and Betty Buzzell. [16-1432] (TS) [Entered: 05/24/2016 09:17 PM] |
| NOTICE of appearance on behalf of Appellees Concord, NH, Patricia Conway, Dennis Hogan, Keene, NH, D. Chris McLaughlin and Scott W. Murray filed by Attorney Garry R. Lane. Certificate of service dated 05/17/2016. [16-1432] (GRL) [Entered: 05/17/2016 03:26 PM] |
| NOTICE issued. After 05/20/2016 , the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Elissa Graves for Mary Rose Reddy, Sue Clifton, Jennifer Robidoux, Joan Espinola, Terry Barnum, Jackie Pelletier and Betty Buzzell, Kevin H. Theriot for Mary Rose Reddy, Sue Clifton, Jennifer Robidoux, Joan Espinola, Terry Barnum, Jackie Pelletier and Betty Buzzell, Peter R. Chiesa for Manchester NH and Thomas R. Clark for Manchester NH. [16-1432] (TS) [Entered: 05/06/2016 09:38 AM] |
| NOTICE of appearance on behalf of Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux filed by Attorney Michael J. Tierney. [16-1432] (MJT) [Entered: 05/04/2016 11:00 AM] |
| DOCKETING statement filed by Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux. [16-1432] (MJT) [Entered: 05/04/2016 11:02 AM] |
| TRANSCRIPT report/order form filed by Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux indicating all necessary transcripts have already been filed in district court. [16-1432] (MJT) [Entered: 05/04/2016 11:04 AM] |
| NOTICE of appearance on behalf of Appellee Greenland, NH filed by Attorney Samantha D. Elliott. Certificate of service dated 05/03/2016. [16-1432] (SDE) [Entered: 05/03/2016 03:08 PM] |
| NOTICE of appearance on behalf of Appellee Joseph A. Foster filed by Attorney Elizabeth A Lahey. Certificate of service dated 05/03/2016. [16-1432] (EAL) [Entered: 05/03/2016 01:29 PM] |
| NOTICE of filing the following transcript(s) in district court by Court Reporter Sandra Bailey: 02/16/2016, Motion 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. [16-1432] (TS) [Entered: 05/02/2016 09:17 AM] |
| NOTICE of appearance on behalf of Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux filed by Attorney Matthew S. Bowman. Certificate of service dated 04/27/2016. [16-1432] (MSB) [Entered: 04/27/2016 03:50 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #86) filed by Appellants Terry Barnum, Betty Buzzell, Sue Clifton, Joan Espinola, Jackie Pelletier, Mary Rose Reddy and Jennifer Robidoux. Docketing Statement,Transcript Report/Order form, and Appearance form due 05/05/2016. [16-1432] (TS) [Entered: 04/21/2016 12:18 PM] |
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