Ellicott v. American Capital Energy, Inc., et al
Defendant / Appellant: AMERICAN CAPITAL ENERGY, INC., THOMAS HUNTON and ARTHUR HENNESSEY
Plaintiff / Appellee: STEPHEN ELLICOTT
Interested Party: REDWOOD SOLAR DEVELOPMENT, LLC
Case Number: 17-1421
Filed: April 28, 2017
Court: U.S. Court of Appeals, First Circuit
Nature of Suit: Other
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on November 5, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 5, 2018 MANDATE issued. [17-1421] (KPC) [Entered: 11/05/2018 11:01 AM]
October 12, 2018 OPINION issued by Juan R. Torruella, Appellate Judge; Bruce M. Selya, Appellate Judge and Sandra L. Lynch, Appellate Judge. Published. [17-1421] (KPC) [Entered: 10/12/2018 04:28 PM]
October 12, 2018 JUDGMENT entered: This cause came on to be heard on appeal from the United States District Court for the District of Massachusetts and was argued by counsel. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The district court's judgment is affirmed. [17-1421] (KPC) [Entered: 10/12/2018 04:31 PM]
July 5, 2018 Opinion or Order ORDER entered: Construing Attorney Anthony L. DeProspo, Jr.'s notice of withdraw as a motion for leave to withdraw as counsel of record for Plaintiff-Appellee Stephen Ellicott, the motion is allowed. Appellee will continue to be represented by his remaining counsel of record. [17-1421] (KPC) [Entered: 07/05/2018 02:16 PM]
July 3, 2018 NOTICE of withdrawal filed by Appellee Stephen Ellicott. Certificate of service dated 07/03/2018. [17-1421] CLERK'S NOTE: Docket entry was edited to modify the docket text. (ALD) [Entered: 07/03/2018 04:16 PM]
June 29, 2018 NOTICE of Withdrawal of Anthony L. DeProspo, Jr. filed by Appellee Stephen Ellicott. Certificate of service dated 06/29/2018. [17-1421] CLERK'S NOTE: The signature on the document does not match the name of the ECF filer under whose login and password the document was filed. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS (July 3, 2018). (CAK) [Entered: 06/29/2018 09:26 AM]
May 9, 2018 CASE argued. Panel: Juan R. Torruella, Appellate Judge; Bruce M. Selya, Appellate Judge and Sandra L. Lynch, Appellate Judge. Arguing attorneys: Robert K. Dowd for American Capital Energy, Inc., Thomas Hunton and Arthur Hennessey and Christopher A. Kenney for Stephen Ellicott. [17-1421] (DJT) [Entered: 05/09/2018 12:09 PM]
April 17, 2018 DESIGNATION of attorney presenting oral argument filed by Attorney Robert K. Dowd for Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. Certificate of service dated 04/17/2018. [17-1421] (RKD) [Entered: 04/17/2018 08:22 AM]
April 10, 2018 DESIGNATION of attorney presenting oral argument filed by Attorney Christopher A. Kenney for Appellee Stephen Ellicott. Certificate of service dated 04/10/2018. [17-1421] (CAK) [Entered: 04/10/2018 10:09 AM]
March 28, 2018 CASE calendared: Wednesday, 05/09/2018 AM Boston, MA Panel Courtroom. Designation form due 04/11/2018. [17-1421] (DJT) [Entered: 03/28/2018 12:50 PM]
March 5, 2018 NINE (9) paper copies of reply brief [ # 6153460-2 ] submitted by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. [17-1421] (LIM) [Entered: 03/06/2018 11:15 AM]
February 27, 2018 REPLY BRIEF filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. Certificate of service dated 02/26/2018. 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 03/06/2018 . [17-1421] (AP) [Entered: 02/27/2018 04:49 PM]
February 26, 2018 BRIEF tendered by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. [17-1421] (RKD) [Entered: 02/26/2018 05:52 PM]
February 8, 2018 Opinion or Order ORDER granting motion to extend time to file reply brief filed by Appellants American Capital Energy, Inc., Thomas Hunton and Arthur Hennessey. Reply brief due 02/26/2018 for appellant American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. [17-1421] (KPC) [Entered: 02/08/2018 04:08 PM]
February 7, 2018 MOTION to extend time to file reply brief filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. Certificate of service dated 02/07/2018. [17-1421] CLERK'S NOTE: Docket entry was edited to modify the docket text. (RKD) [Entered: 02/07/2018 07:30 PM]
February 6, 2018 NINE (9) paper copies of appellee/respondent brief [ # 6148029-2 ] submitted by Appellee Stephen Ellicott. [17-1421] (LIM) [Entered: 02/08/2018 09:08 AM]
February 1, 2018 APPELLEE'S BRIEF filed by Appellee Stephen Ellicott. Certificate of service dated 01/31/2018. 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 02/08/2018 . Reply brief due 02/14/2018 for APPELLANT American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. [17-1421] (AP) [Entered: 02/01/2018 04:49 PM]
January 31, 2018 Opinion or Order ORDER directing Appellee Stephen Ellicott to file a conforming brief. Brief due 02/07/2018. [17-1421] (KPC) [Entered: 01/31/2018 10:13 AM]
January 31, 2018 BRIEF tendered by Appellee Stephen Ellicott. [17-1421] (ALD) [Entered: 01/31/2018 02:34 PM]
January 25, 2018 BRIEF tendered by Appellee Stephen Ellicott. [17-1421] (ALD) [Entered: 01/25/2018 04:01 PM]
January 24, 2018 SUPPLEMENTAL APPENDIX "Vol. 6" filed by Appellee Stephen Ellicott. Number of volumes: 1. Number of copies: 5. Certificate of service dated 01/23/2018. [17-1421] (AP) [Entered: 01/24/2018 04:09 PM]
January 12, 2018 Opinion or Order ORDER entered: Construing Appellee Stephen Ellicott's motion to supplement the record on appeal as a motion to file a supplemental appendix, that request is allowed to the extent that the included materials are part of the record on appeal. Appellee shall file a supplemental appendix when he files his brief. [17-1421] (KPC) [Entered: 01/12/2018 04:52 PM]
January 8, 2018 MOTION to supplement the record on appeal filed by Appellee Stephen Ellicott. Certificate of service dated 01/08/2018. [17-1421] (ALD) [Entered: 01/08/2018 05:22 PM]
January 5, 2018 CERTIFICATE of service for electronically filed brief [ # 6140688-2 ] filed by Appellant American Capital Energy, Inc.. Certificate of service dated 01/05/2018. [17-1421] (RKD) [Entered: 01/05/2018 04:27 PM]
January 5, 2018 NINE (9) paper copies of appellant/petitioner brief [ # 6141299-2 ] submitted by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. [17-1421] (LIM) [Entered: 01/08/2018 04:41 PM]
December 29, 2017 APPELLANTS' BRIEF filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. Certificate of service dated 12/26/2017. 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 01/05/2018 . Brief due 01/25/2018 for APPELLEE Stephen Ellicott. [17-1421] (AP) [Entered: 12/29/2017 12:36 PM]
December 29, 2017 CORPORATE disclosure statement filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. [17-1421] (AP) [Entered: 12/29/2017 12:41 PM]
December 26, 2017 BRIEF tendered by Appellants Arthur Hennessey, Thomas Hunton and American Capital Energy, Inc.. [17-1421] (RKD) [Entered: 12/26/2017 05:20 PM]
December 14, 2017 APPENDIX filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. Number of volumes: 5. Number of copies: 5. Certificate of service dated 12/12/2017. [17-1421] (KPC) [Entered: 12/14/2017 09:39 AM]
December 13, 2017 CERTIFICATE of service for pleading tendered [6137697-2] filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. Certificate of service dated 11/03/2017. [17-1421] (RKD) [Entered: 12/13/2017 04:28 PM]
December 12, 2017 PLEADING tendered: APPENDIX filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. Number of volumes: 5. Number of copies: 5. Certificate of service was not included. [17-1421] (AP) [Entered: 12/12/2017 02:24 PM]
November 16, 2017 Opinion or Order ORDER entered: Upon consideration of Appellant's Motion to File a Corrected Appendix, Appellee's Opposition and Appellant's Reply to the same, the motion is denied as moot. A review of the docket reflects that the appendix has not yet been accepted for filing and that pursuant to the court's November 13, 2017 briefing schedule the same is not due until December 26, 2017. [17-1421] (KPC) [Entered: 11/16/2017 09:51 AM]
November 13, 2017 BRIEFING schedule set. Brief and Appendix due 12/26/2017 for appellant American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. 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. [17-1421] (KPC) [Entered: 11/13/2017 09:45 AM]
November 9, 2017 REPLY filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton to response [ # 6130554-2 ] to motion for leave to file corrected or substituted appendix [ # 6130503-2 ]. Certificate of service dated 11/09/2017. [17-1421] 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. (RKD) [Entered: 11/09/2017 06:01 PM]
November 8, 2017 RESPONSE filed by Appellee Stephen Ellicott to motion for leave to file corrected or substituted appendix [ # 6130503-2 ]. Certificate of service dated 11/08/2017. [17-1421] (ALD) [Entered: 11/08/2017 09:36 AM]
November 7, 2017 MOTION for leave to file corrected or substituted appendix filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. Certificate of service dated 11/07/2017. [17-1421] (RKD) [Entered: 11/07/2017 04:35 PM]
October 16, 2017 CERTIFICATE of service for pleading tendered [6125441-2] filed by Appellant American Capital Energy, Inc.. Certificate of service dated 10/13/2017. [17-1421] (RKD) [Entered: 10/16/2017 05:56 PM]
October 13, 2017 PLEADING tendered: APPENDIX filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. Number of volumes: 4. Number of copies: 5. Certificate of service was not included. [17-1421] (AP) [Entered: 10/13/2017 01:49 PM]
August 17, 2017 NOTICE of filing the following transcript(s) in district court by Court Reporter Valerie A. O'Hara: 01/12/2017, Motion Hearing; 01/23/2017, Charge Conference; 01/17/2017, Pretrial Colloquy. 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. [17-1421] (KPC) [Entered: 08/17/2017 04:45 PM]
August 9, 2017 TRANSCRIPT ordered: 01/17/2017, Pretrial Colloquy; 01/12/2017, Motion Hearing; 01/23/2017, Charge Conference. Transcript(s) due 10/10/2017 from Court Reporter Valerie A. O'Hara [17-1421] (AMM) [Entered: 08/09/2017 09:07 AM]
August 8, 2017 Opinion or Order ORDER entered by Rogeriee Thompson, Appellate Judge denying motion to dismiss case filed by Appellee Stephen Ellicott. [17-1421] (KPC) [Entered: 08/08/2017 03:27 PM]
August 2, 2017 TRANSCRIPT report/order form filed by Appellee Stephen Ellicott indicating transcripts are being ordered. Certificate of service dated 08/02/2017. [17-1421] (ALD) [Entered: 08/02/2017 04:08 PM]
July 31, 2017 REPLY filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton to reply [ # 6106905-2 ]. [17-1421] (RKD) [Entered: 07/31/2017 03:48 PM]
July 19, 2017 REPLY filed by Appellee Stephen Ellicott to response [ # 6106811-2 ]. Certificate of service dated 07/19/2017. [17-1421] (ALD) [Entered: 07/19/2017 10:51 AM]
July 18, 2017 RESPONSE filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton to motion to dismiss case [ # 6105713-2 ]. Certificate of service dated 07/18/2017. [17-1421] (RKD) [Entered: 07/18/2017 05:32 PM]
July 13, 2017 MOTION to dismiss case filed by Appellee Stephen Ellicott. Certificate of service dated 07/13/2017. [17-1421] (ALD) [Entered: 07/13/2017 01:10 PM]
July 10, 2017 NOTICE of filing the following transcript(s) in district court by Court Reporter Valerie A. O'Hara: 01/24/2017, Trial Day 6. 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. [17-1421] (KPC) [Entered: 07/10/2017 03:03 PM]
July 6, 2017 NOTICE of filing the following transcript(s) in district court by Court Reporter Valerie A. O'Hara: 01/05/2017, Pretrial Conference; 01/18/2017, Trial Day 1; 01/19/2017, Trial Day 2; 01/20/2017, Trial Day 3; 01/23/2017, Trial Day 4. 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. [17-1421] (KPC) [Entered: 07/06/2017 04:10 PM]
May 25, 2017 TRANSCRIPT ordered: 01/24/2017, Trial; 01/24/2017, Closing Argument Plaintiff; 01/24/2017, Closing Argument Defendant; 01/24/2017, Jury Instructions/Jury Charge; 01/24/2017, Verdict; 01/24/2017, Plaintiff Rebuttal. Transcript(s) due 07/24/2017 from Court Reporter Valerie A. O'Hara [17-1421] (AMM) [Entered: 05/25/2017 04:13 PM]
May 18, 2017 TRANSCRIPT report/order form filed by Appellee Stephen Ellicott indicating transcripts are being ordered. Certificate of service dated 05/18/2017. [17-1421]. CLERK'S NOTE: Docket entry was edited to replace an attachment. [17-1421] (ALD) [Entered: 05/18/2017 11:05 AM]
May 17, 2017 AMENDED Docketing Statement filed by Appellee Stephen Ellicott. Certificate of service dated 05/17/2017. [17-1421] CLERK'S NOTE: The document is incomplete. The docket text has been modified. THE FILER IS DIRECTED TO RE-FILE THE DOCUMENT WITHIN TWO DAYS (May 19, 2017). (ALD) [Entered: 05/17/2017 11:00 AM]
May 17, 2017 DOCKETING statement filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. [17-1421] (RKD) [Entered: 05/17/2017 04:01 PM]
May 17, 2017 RESPONSE filed by Appellee Stephen Ellicott to docketing statement [ # 6089075-2 ]. Certificate of service dated 05/17/2017. [17-1421] (ALD) [Entered: 05/17/2017 02:04 PM]
May 17, 2017 Opinion or Order ORDER entered: Appellee Stephen Ellicott's response to appellants' docketing statement is noted. To the extent that appellee seeks dismissal of this appeal, that request is denied without prejudice to refiling under the appropriate heading. [17-1421] (MNH) [Entered: 05/17/2017 04:39 PM]
May 8, 2017 TRANSCRIPT ordered: 01/18/2017, Trial Day 1; 01/19/2017, Trial Day 2; 01/20/2017, Trial Day 3; 01/23/2017, Trial Day 4; 01/05/2017, Pretrial Conference. Transcript(s) due 07/07/2017 from Court Reporter Valerie A. O'Hara. [17-1421] (KPC) [Entered: 05/08/2017 10:05 AM]
May 5, 2017 NOTICE of appearance on behalf of Appellee Stephen Ellicott filed by Attorney Anthony DeProspo. Certificate of service dated 05/05/2017. [17-1421] (ALD) [Entered: 05/05/2017 02:57 PM]
May 5, 2017 NOTICE of appearance on behalf of Appellee Stephen Ellicott filed by Attorney Christopher A. Kenney. Certificate of service dated 05/05/2007. [17-1421] (CAK) [Entered: 05/05/2017 02:39 PM]
May 4, 2017 NOTICE of appearance on behalf of Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton filed by Attorney Robert K. Dowd. [17-1421] (RKD) [Entered: 05/04/2017 01:33 PM]
May 4, 2017 DOCKETING statement filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. [17-1421] (RKD) [Entered: 05/04/2017 01:35 PM]
May 4, 2017 TRANSCRIPT report/order form filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton indicating transcripts are being ordered. [17-1421] (RKD) [Entered: 05/04/2017 01:37 PM]
May 4, 2017 CORPORATE disclosure statement filed by Appellant American Capital Energy, Inc.. [17-1421] (RKD) [Entered: 05/04/2017 01:39 PM]
April 28, 2017 CIVIL CASE docketed. Notice of appeal (doc. #230) filed by Appellants American Capital Energy, Inc., Arthur Hennessey and Thomas Hunton. Docketing Statement, Transcript Report/Order form, and Appearance form due 05/12/2017. PLEASE NOTE: The December 1, 2016 amendment to the Federal Rules of Appellate Procedure made significant changes to appellate practice. The full text of the amendments, as well as a summary of major rule changes, is available # here . The changes went into effect on December 1, 2016. [17-1421] (KPC) [Entered: 04/28/2017 03:21 PM]

Access additional case information on PACER

Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Search for this case: Ellicott v. American Capital Energy, Inc., et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant / appellant: AMERICAN CAPITAL ENERGY, INC.
Represented By: Robert K. Dowd
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant / appellant: THOMAS HUNTON
Represented By: Robert K. Dowd
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant / appellant: ARTHUR HENNESSEY
Represented By: Robert K. Dowd
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff / appellee: STEPHEN ELLICOTT
Represented By: Christopher A. Kenney
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Interested party: REDWOOD SOLAR DEVELOPMENT, LLC
Represented By: Peter D. Bilowz
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?