Smith v. Aroostook County, et al
| MAINE ASSOCIATION OF PSYCHIATRIC PHYSICIANS, NOTHERN NEW ENGLAND SOCIETY OF ADDICTION MEDICINE, MAINE MEDICAL ASSOCIATION, NOA KRAWCZYK, Ph. D., AMERCIAN SOCIETY FOR ADDICTION MEDICINE, JIA AHMAD, COLLEEN BARRY, Ph. D., VERMONT MEDICAL SOCIETY, BRENDAN SALONER, JOSHUA M. SHARFSTEIN, MD, RI MEDICAL SOCIETY, CONNECTICUT STATE MEDICAL SOCIETY, MA MEDICAL SOCIETY MASSACHUSETTS MEDICAL SOCIETY, JENNY WEN, MASSACHUSETTS SOCIETY OF ADDICTION MEDICINE, CONNECTICUT SOCIETY FOR ADDICTION MEDICINE, NEW HAMPSHIRE MEDICAL SOCIETY, AMERICAN MEDICAL ASSOCIATION, RHODE ISLAND SOCIETY FOR ADDICTION MEDICINE and NORTHERN NEW ENGLAND SOCIETY OF ADDICTION MEDICINE |
| CLAUDETTE HUMPHREY, PUBLIC HEALTH SCHOLARS and KATAHDIN VALLEY HEALTH CENTER |
| SHAWN D. GILLEN, in his official capacity as Sheriff of Aroostook County and AROOSTOOK COUNTY |
| BRENDA SMITH |
| 19-1340 |
| April 10, 2019 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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| Document Text |
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| MANDATE issued. [19-1340] (GB) [Entered: 05/21/2019 07:47 AM] |
| JUDGMENT. The prelimnary injunction is affirmed. 19-1340 Affirmed [19-1340] (SBT) [Entered: 04/30/2019 06:00 PM] |
| OPINION issued by Jeffrey R. Howard, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge and William J. Kayatta, Jr., Appellate Judge. Per Curiam. Published. The preliminary injunction is affirmed. [19-1340] (SBT) [Entered: 04/30/2019 05:54 PM] |
| CASE submitted. Panel: Sandra L. Lynch, Appellate Judge; Jeffrey R. Howard, Chief Appellate Judge; William J. Kayatta, Jr., Appellate Judge. [19-1340] (SBT) [Entered: 05/01/2019 10:47 AM] |
| TEN (10) paper copies of reply brief [ # 6249564-2 ] submitted by Appellee Brenda Smith. [19-1340] (JMK) [Entered: 04/26/2019 11:50 AM] |
| MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) American Medical Association, American Society for Addiction Medicine, Maine Medical Association, Connecticut Society for Addiction Medicine, Connecticut State Medical Society, Maine Association of Psychiatric Physicians, Massachusetts Medical Socie et al filed by Attorney Meagan L. Thomson. Certificate of service dated 04/25/2019. [19-1340] CLERK'S NOTE: The ECF filer did not select the option that best describes the document. 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, by 04/29/2019. (JKG) [Entered: 04/25/2019 12:58 PM] |
| MOTION requesting leave for Attorney Joel K. Goloskie to enter an appearance filed by Movant(s) American Medical Association; American Society for Addiction Medicine; Maine Medical Association; Connecticut Society for Addiction Medicine; Maine Association of Psychiatric Physicians; Massachusetts Medical Society; Massachusetts Society of Addic et al filed by Attorney Joel K. Goloskie. Certificate of service dated 04/25/2019. [19-1340] 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. (JKG) [Entered: 04/25/2019 12:55 PM] |
| NOTICE issued. After 05/09/2019, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Adam W. Axler for Joshua M. Sharfstein, MD, Brendan Saloner, Colleen Barry, Ph. D., Noa Krawczyk, Ph. D., Jenny Wen, Jia Ahmad and Public Health Scholars, Brett R. Leland for Joshua M. Sharfstein, MD, Brendan Saloner, Colleen Barry, Ph. D., Noa Krawczyk, Ph. D., Jenny Wen, Jia Ahmad and Public Health Scholars, Colette L. McCrone for Joshua M. Sharfstein, MD, Brendan Saloner, Colleen Barry, Ph. D., Noa Krawczyk, Ph. D., Jenny Wen, Jia Ahmad and Public Health Scholars, Howard R. Sklamberg for Joshua M. Sharfstein, MD, Brendan Saloner, Colleen Barry, Ph. D., Noa Krawczyk, Ph. D., Jenny Wen, Jia Ahmad and Public Health Scholars, Adam W. Axler for Public Health Scholars, Brett R. Leland for Public Health Scholars, Colette L. McCrone for Public Health Scholars and Howard R. Sklamberg for Public Health Scholars. [19-1340] (GB) [Entered: 04/25/2019 07:53 AM] |
| MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) American Medical Association; American Society for Addiction Medicine; Maine Medical Association; Connecticut Society for Addiction Medicine; Connecticut State Medical Society; Maine Association of Psychiatric Physicians; Massachusetts Medical Socie et al. Certificate of service dated 04/25/2019. [19-1340] (JKG) [Entered: 04/25/2019 02:25 PM] |
| BRIEF tendered by Appellants Aroostook County and Shawn D. Gillen. [19-1340] (PTM) [Entered: 04/25/2019 02:28 PM] |
| MOTION requesting leave for Attorney Meagan L. Thomson to enter an appearance filed by Movant(s) American Medical Association; American Society for Addiction Medicine; Maine Medical Association, Connecticut Society for Addiction Medicine; Connecticut State Medical Society; Maine Association of Psychiatric Physicians; Massachusetts Medical Socie et al filed by Attorney Meagan L. Thomson. Certificate of service dated 04/25/2019. [19-1340] 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. (MLT) [Entered: 04/25/2019 02:34 PM] |
| REPLY BRIEF filed by Appellants Aroostook County and Shawn D. Gillen. Certificate of service dated 04/25/2019. [19-1340] (AMM) [Entered: 04/25/2019 03:58 PM] |
| NINE (9) paper copies of appellee/respondent brief [ # 6249143-2 ] submitted by Appellee Brenda Smith. [19-1340] (JMK) [Entered: 04/24/2019 03:34 PM] |
| BRIEF tendered by Appellee Brenda Smith. [19-1340] (EB) [Entered: 04/23/2019 05:20 PM] |
| NOTICE of appearance on behalf of Movant(s) Joshua M. Sharfstein, M.D., Brendan Saloner, PhD, Coleen Barry, PhD, Noa Krawczyk, PhD Candidate, Jenny Wen, MPH Candidate and Jia Ahmad, MPH Candidate filed by Attorney Mark J. MacDougall. Certificate of service dated 04/23/2019. [19-1340] (MJM) [Entered: 04/23/2019 07:37 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellee filed by Movant(s) Joshua M. Shafstein, M.D., Brendan Saloner, PhD, Coleen Barry, PhD, Noa Krawczyk, PhD Candidate, Jenny Wen, MPH Candidate and Jia Ahmad, MPH Candidate. Certificate of service dated 04/23/2019. [19-1340] (MJM) [Entered: 04/23/2019 07:41 PM] |
| APPELLEE'S BRIEF filed by Appellee Brenda Smith. Certificate of service dated 04/23/2019. [19-1340] (AMM) [Entered: 04/24/2019 09:52 AM] |
| TEN (10) paper copies of appellant/petitioner brief [ # 6248315-2 ] submitted by Appellants Aroostook County and Shawn D. Gillen. [19-1340] (JMK) [Entered: 04/23/2019 09:21 AM] |
ORDER entered by Jeffrey R. Howard, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge and William J. Kayatta, Jr., Appellate Judge: The emergency motion for stay of preliminary injunction pending appeal is denied . Once briefing is complete in accordance with our April 17 Order as amended by our order of this date, the matter will be scheduled for argument in the ordinary course. [19-1340] (GB) [Entered: 04/22/2019 03:58 PM]
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ORDER entered by William J. Kayatta, Jr., Appellate Judge: The defendants' motion for 24-hour enlargement of time within which to file reply brief is allowed . [19-1340] (GB) [Entered: 04/22/2019 11:59 AM]
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| APPENDIX filed by Appellants Aroostook County and Shawn D. Gillen. Number of volumes: 1. Number of copies: 5. Certificate of service dated 04/22/2019. [19-1340] (AMM) [Entered: 04/22/2019 12:23 PM] |
| NOTICE of appearance on behalf of Appellee Brenda Smith filed by Attorney Zachary L. Heiden. Certificate of service dated 04/22/2019. [19-1340] (ZH) [Entered: 04/22/2019 03:37 PM] |
| MOTION to extend time to file reply brief filed by Appellants Aroostook County and Shawn D. Gillen. Certificate of service dated 04/19/2019. [19-1340] (PTM) [Entered: 04/19/2019 01:22 PM] |
| BRIEF tendered by Appellants Aroostook County and Shawn D. Gillen. [19-1340] CLERK'S NOTE: Docket entry was modified to replace an attachment. (PTM) [Entered: 04/19/2019 04:33 PM] |
| APPELLANTS' BRIEF filed by Appellants Aroostook County and Shawn D. Gillen. Certificate of service dated 04/19/2019. [19-1340] (DK) [Entered: 04/19/2019 06:24 PM] |
| NOTICE of appearance on behalf of Appellee Brenda Smith filed by Attorney Emma E. Bond. Certificate of service dated 04/17/2019. [19-1340] (EB) [Entered: 04/17/2019 08:57 AM] |
| RESPONSE filed by Appellee Brenda Smith to motion to stay [ # 6245764-2 ]. Certificate of service dated 04/17/2019. [19-1340] (EB) [Entered: 04/17/2019 07:23 AM] |
| NOTICE of appearance on behalf of Appellee Brenda Smith filed by Attorney James G. Monteleone. Certificate of service dated 04/17/2019. [19-1340] (JGM) [Entered: 04/17/2019 10:13 AM] |
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ORDER entered by Jeffrey R. Howard, Chief Appellate Judge; Sandra L. Lynch, Appellate Judge and William J. Kayatta, Jr., Appellate Judge: The emergency motion for stay of preliminary injunction pending appeal is referred to the panel that will decide the merits of this appeal. The appeal is expedited as follows. The opening brief shall be filed by April 19, 2019. The answering brief shall be filed by April 23, 2019. Any reply brief shall be filed by April 24, 2019. In light of the expedited briefing schedule, the paper copies of briefs shall be put in the mail for overnight delivery on the same date that the briefs are electronically filed. [19-1340] (GB) [Entered: 04/17/2019 11:06 AM]
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| NOTICE of appearance on behalf of Appellee Brenda Smith filed by Attorney David A. Soley. Certificate of service dated 04/17/2019. [19-1340] (DAS) [Entered: 04/17/2019 10:44 AM] |
| EXPEDITED briefing schedule set. Brief and Appendix due 04/19/2019 for appellants Aroostook County and Shawn D. Gillen. Brief due 04/23/2019 for appellee Brenda Smith. Reply brief due 04/24/2019 for appellants Aroostook County and Shawn D. Gillen. [19-1340] (GB) [Entered: 04/17/2019 11:23 AM] |
| NOTICE of appearance on behalf of Appellants Aroostook County and Shawn D. Gillen filed by Attorney Peter T. Marchesi. Certificate of service dated 04/11/2019. [19-1340] (PTM) [Entered: 04/11/2019 10:14 AM] |
| DOCKETING statement filed by Appellants Aroostook County and Shawn D. Gillen. Certificate of service dated 04/11/2019. [19-1340] (PTM) [Entered: 04/11/2019 10:15 AM] |
| NOTICE of appearance on behalf of Appellants Aroostook County and Shawn D. Gillen filed by Attorney Cassandra S. Shaffer. Certificate of service dated 04/11/2019. [19-1340] (CSS) [Entered: 04/11/2019 10:19 AM] |
| TRANSCRIPT report/order form filed by Appellants Aroostook County and Shawn D. Gillen indicating all necessary transcripts have already been filed in district court. Certificate of service dated 04/11/2019. [19-1340] (PTM) [Entered: 04/11/2019 10:17 AM] |
| EMERGENCY MOTION for stay of Preliminary Injunction filed by Appellants Aroostook County and Shawn D. Gillen. Certificate of service dated 04/09/2019. [19-1340] (DO) [Entered: 04/10/2019 11:36 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #123) filed by Appellants Aroostook County and Shawn D. Gillen. Docketing Statement due 04/24/2019. Transcript Report/Order form due 04/24/2019. Appearance form due 04/24/2019. [19-1340] (DO) [Entered: 04/10/2019 11:26 AM] |
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