Schand v. McMahon, et al
| KIELE SCHAND, MIA SCHAND, MARK SCHAND, JR. and QUINTON SCHAND |
| JOHN/JANE DOES, 1 through 10, as-yet unknown officers, HAMPDEN COUNTY, PAUL MCNULTY, Former Springfield Police Detectives, HARTFORD, CT, JOHN/JANE DOES, 11 through 20, as-yet unknown supervisors, JAMES FLEURY, Former Springfield Police Detectives, JOSEPH ASSAD, Former Springfield Police Detectives and SPRINGFIELD, MA |
| RAYMOND P. MUISE, Former Springfield Police Detective, ELMER MCMAHON, Former Springfield Police Detectives, MICHAEL REID, Former Springfield Police Detective and LEONARD SCAMMONS, Former Springfield Police Detectives |
| MARK SCHAND |
| 19-2125 |
| November 6, 2019 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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ORDER entered by Sandra L. Lynch, Appellate Judge: Defendant-Appellants have filed a "Motion to Remand for Consideration of Post-Trial Motions," wherein they ask this Court to stay appeal 19-2125 and remand the case to the district court for consideration of timely post-trial motions filed pursuant to Fed. R. Civ. P. 50(b) and 59. Pursuant to Fed. R. App. P. 4(a)(4)(B)(i), the two notices of appeal filed in the district court will "become effective... when the order disposing of the last motion [from the list set out at Rule 4(a)(4)(A)] is entered." No remand to the district court is necessary or required. As such, both appeal 19-2125 and appeal 19-2109 will be held in abeyance until the district court disposes of the pending post-trial motions. Defendant-Appellants are directed to file a status report by January 15, 2020 and at thirtyday intervals thereafter, informing this Court of any action taken by the district court on the postjudgment motions. Further, Defendant-Appellants are directed to inform this Court when the district court has ruled and whether or not they intend to file a notice of appeal or amended notice of appeal from the district court's post-judgment order(s). See Fed. R. App. P. 4(a)(4)(B)(ii). While Appellants are encouraged to proceed with ordering all necessary transcripts to pursue this appeal, the time to file a transcript order form is enlarged to 10 days after the district court disposes of the above-mentioned motions. See Fed. R. App. P. 10(b)(1). [19-2109, 19-2125] (AL) [Entered: 12/16/2019 03:44 PM]
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| NOTICE of appearance on behalf of Appellee Mark Schand filed by Attorney Heather McDevitt. Certificate of service dated 12/11/2019. [19-2125] (HKM) [Entered: 12/11/2019 04:59 PM] |
| NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Jeremy Saint Laurent for Michael Reid and Springfield, MA, Gabriella E. Bensur for Mark Schand and Mia Schand, Mark Schand, Jr., Quinton Schand and Kiele Schand, Gabriella E. Bensur for Mia Schand, Mark Schand, Jr., Quinton Schand and Kiele Schand, Thomas Vincent DiGangi for Hampden County, Katherine E. Rule for Hartford, CT and Jeremy Saint Laurent for Springfield, MA. [19-2125] (AL) [Entered: 12/09/2019 08:40 AM] |
| TRANSCRIPT report/order form filed by Appellants Elmer McMahon, Raymond P. Muise, Michael Reid and Leonard Scammons indicating the following transcripts are being ordered: 09/09/2019, Jury Voir Dire; 09/10/2019, Trial Day 1; 09/12/2019, Trial Day 2; 09/09/2019, Opening Stmt (p.); 09/09/2019, Opening Stmt (d.); 09/13/2019, Trial Day 3; 09/16/2019, Trial Day 4; 09/17/2019, Trial Day 5; 09/18/2019, Trial Day 6; 09/19/2019, Trial Day 7; 09/20/2019, Closing Stmt (d.); 09/20/2019, Closing Stmt (p.); 09/20/2019, Jury Instructions. Transcript(s) due 02/03/2020 from Court Reporter Richard Henry Romanow. [19-2125] (KPC) [Entered: 12/04/2019 04:37 PM] |
| NOTICE of appearance on behalf of Appellee Springfield, MA in 19-2109 filed by Attorney Edward M. Pikula. Certificate of service dated 12/04/2019. [19-2109, 19-2125] (EMP) [Entered: 12/04/2019 04:50 PM] |
| REQUEST for removal from the service list filed by Attorney Katherine E. Rule for Not Party Hartford, CT. [19-2125] (KPC) [Entered: 11/27/2019 11:10 AM] |
| NOTICE of appearance on behalf of Appellee Mark Schand filed by Attorney Joshua Weedman. Certificate of service dated 11/26/2019. [19-2125] (JW) [Entered: 11/26/2019 05:24 PM] |
| NOTICE of appearance on behalf of Appellee Mark Schand filed by Attorney Jacqueline Chung. Certificate of service dated 11/26/2019. [19-2125] (JLC) [Entered: 11/26/2019 05:39 PM] |
| NOTICE of appearance on behalf of Appellant Leonard Scammons filed by Attorney Kevin B. Coyle. Certificate of service dated 11/26/2019. [19-2125] (KBC) [Entered: 11/26/2019 03:23 PM] |
| NOTICE of appearance on behalf of Appellant Michael Reid in 19-2125 filed by Attorney Lisa C. deSousa. Certificate of service dated 11/22/2019. [19-2125] CLERK'S NOTE: Document should not have been filed in additional case 19-2109. Correction made by clerk's office. No further action required. (LCd) [Entered: 11/22/2019 11:55 AM] |
| NOTICE issued. After 12/06/2019, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Gabriella E. Bensur for Mark Schand, Mia Schand, Mark Schand, Jr., Quinton Schand and Kiele Schand, Jeremy Saint Laurent for Springfield, MA and Michael Reid, Thomas Vincent DiGangi for Hampden County, Katherine E. Rule for Hartford, CT, and Elizabeth C. Stainton for Mia Schand, Mark Schand, Jr., Quinton Schand and Kiele Schand. [19-2125] (KPC) [Entered: 11/22/2019 11:32 AM] |
| NOTICE of default and intent to dismiss issued. The appellants Michael Reid and Leonard Scammons are directed to file an appearance form or this case will be dismissed for lack of prosecution in accordance with 1st Cir. R. 3.0(b). Appearance form due 12/06/2019. [19-2125] (KPC) [Entered: 11/22/2019 11:36 AM] |
| MOTION to remand case filed by Appellants Elmer McMahon, Raymond P. Muise, Michael Reid and Leonard Scammons. Certificate of service dated 11/22/2019. [19-2125] (LCd) [Entered: 11/22/2019 11:00 AM] |
| NOTICE of appearance on behalf of Appellant Elmer McMahon filed by Attorney Austin M. Joyce. Certificate of service dated 11/21/2019. [19-2125] (AMJ) [Entered: 11/21/2019 08:46 AM] |
| NOTICE of appearance on behalf of Appellant Raymond P. Muise in 19-2125, Appellee Raymond P. Muise in 19-2109 filed by Attorney Lisa C. deSousa. Certificate of service dated 11/20/2019. [19-2125, 19-2109] (LCd) [Entered: 11/20/2019 03:39 PM] |
| DOCKETING statement filed by Appellants Raymond P. Muise, Elmer McMahon, Michael Reid and Leonard Scammons. Certificate of service dated 11/20/2019. [19-2125] (LCd) [Entered: 11/20/2019 03:43 PM] |
| TRANSCRIPT report/order form filed by Appellants Elmer McMahon, Raymond P. Muise, Michael Reid and Leonard Scammons indicating transcripts are being ordered. Certificate of service dated 11/20/2019. [19-2125] CLERK'S NOTE: Docket entry was edited to replace an attachmentt. (LCd) [Entered: 11/20/2019 03:44 PM] |
| NOTICE of appearance on behalf of Appellee Mark Schand filed by Attorney Kevin Adam. Certificate of service dated 11/19/2019. [19-2125] (KCA) [Entered: 11/19/2019 06:00 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #265) filed by Appellants Elmer McMahon, Raymond P. Muise, Michael Reid and Leonard Scammons. Docketing Statement, Transcript Report/Order form, and Appearance form due 11/20/2019. Fee due 11/20/2019. [19-2125] (KPC) [Entered: 11/06/2019 03:52 PM] |
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