McKenzie v. Brannan, et al
| AARON M. FREY, in his official capacity as Attorney General of the State of Maine and JAMES W. BRANNAN, as personal representative of The Estate of Robert Indiana |
| MICHAEL MCKENZIE, individually, and, d/b/a American Image Art and MICHAEL MCKENZIE, individually and d/b/a American Image Art |
| 20-2170 |
| December 22, 2020 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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This docket was last retrieved on December 13, 2021. A more recent docket listing may be available from PACER.
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MANDATE issued. [20-2170] (AL) [Entered: 12/13/2021 08:50 AM]
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JUDGMENT entered: The district court's grant of the motion to compel arbitration, the dismissal of the complaint, and the dismissal of the request for a preliminary injunction are vacated, and the matter is remanded for further proceedings consistent with the opinion issued this day. Each side to bear its own costs. 20-2170 Remanded . [20-2170] (AL) [Entered: 11/22/2021 03:18 PM]
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OPINION issued by Rogeriee Thompson, Appellate Judge; Michael Daly Hawkins,* Senior Appellate Judge and David J. Barron, Appellate Judge. Published. *Of the Ninth Circuit, sitting by designation.[20-2170] (AL) [Entered: 11/22/2021 03:14 PM]
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CASE argued. Panel: Rogeriee Thompson, Appellate Judge; Michael Daly Hawkins, Senior Appellate Judge and David J. Barron, Appellate Judge. Arguing attorneys: John J. E. Markham, II for Michael McKenzie and Seth W. Brewster for James W. Brannan. [20-2170] (DJT) [Entered: 07/26/2021 03:29 PM]
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CASE calendared: Consistent with public health guidance and ongoing efforts to mitigate the risk of community transmission of COVID-19, the court will conduct oral argument remotely in this case on Monday, July 26, 2021 at 10:30 a.m., in lieu of in-person appearance. Check-in at 10:00 a.m. before court begins is required. There will be no continuance except for grave cause. Designation form due 06/18/2021. [20-2170] (DJT) [Entered: 06/11/2021 09:35 AM]
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DESIGNATION of attorney presenting oral argument filed by Attorney Seth W. Brewster for Appellee James W. Brannan. Certificate of service dated 06/11/2021. [20-2170] (SWB) [Entered: 06/11/2021 11:42 AM]
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DESIGNATION of attorney presenting oral argument filed by Attorney John J.E. Markham, II for Appellant Michael McKenzie. Certificate of service dated 06/11/2021. [20-2170] (JJM) [Entered: 06/11/2021 11:58 AM]
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NINE (9) paper copies of reply brief [ # 6425215-2 ] submitted by Appellant Michael McKenzie. [20-2170] (AJ) [Entered: 06/07/2021 04:32 PM]
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REPLY BRIEF filed by Appellant Michael McKenzie. Certificate of service dated 05/28/2021. 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 06/08/2021 . [20-2170] (LIM) [Entered: 06/01/2021 08:43 AM]
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BRIEF tendered by Appellant Michael McKenzie. [20-2170] (JJM) [Entered: 05/28/2021 07:52 PM]
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ORDER granting motion to extend time to file reply brief filed by Appellant Michael McKenzie. Reply brief due May 28, 2021 for appellant Michael McKenzie. [20-2170] (AL) [Entered: 05/13/2021 05:14 PM]
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ASSENTED TO MOTION to extend time to file reply brief filed by Appellant Michael McKenzie. Certificate of service dated 05/12/2021. [20-2170] (JJM) [Entered: 05/12/2021 02:04 PM]
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NINE (9) paper copies of appellee/respondent brief [ # 6416422-2 ] submitted by Appellee James W. Brannan. [20-2170] (AVN) [Entered: 04/22/2021 04:12 PM]
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APPELLEE'S BRIEF filed by Appellee James W. Brannan. Certificate of service dated 04/19/2021. Reply brief due 05/18/2021 for APPELLANT Michael McKenzie. 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 04/27/2021 . [20-2170]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (LIM) [Entered: 04/20/2021 03:00 PM]
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BRIEF tendered by Appellee James W. Brannan. [20-2170] (SWB) [Entered: 04/19/2021 10:27 AM]
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LETTER regarding non-participation on appeal filed by Appellee Aaron M. Frey. Certificate of service dated 04/15/2021 [20-2170]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (LJC) [Entered: 04/15/2021 02:06 PM]
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NOTICE of appearance on behalf of Appellee James W. Brannan filed by Attorney Alfred J. Falzone, III. Certificate of service dated 04/06/2021. [20-2170] (AJF) [Entered: 04/06/2021 11:50 AM]
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ORDER entered: Upon consideration, the motion to withdraw Attorney Sigmund D. Schutz, Attorney Jessie F. Beeber, and Attorney Edward P. Boyle as counsel for defendant-appellee James W. Brannan is allowed. Attorney Schultz, Attorney Beeber, and Attorney Boyle are hereby withdrawn as counsel of record in this appeal. Appellee will continue to be represented by his remaining counsel of record. [20-2170] (AL) [Entered: 04/05/2021 08:38 AM]
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MOTION for Attorney Sigmund D. Schutz, Esq., Jessie F. Beeber, Esq., Edward P. Boyle, Esq. to withdraw as counsel filed by Appellee James W. Brannan. Certificate of service dated 03/31/2021. [20-2170] (SDS) [Entered: 03/31/2021 02:06 PM]
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NOTICE of appearance on behalf of Appellee James W. Brannan filed by Attorney Seth W. Brewster. Certificate of service dated 03/30/2021. [20-2170] (SWB) [Entered: 03/30/2021 10:25 AM]
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FIVE (5) paper copies of appendix [ # 6408986-2 ] (Volumes:2) submitted by Appellant Michael McKenzie. [20-2170] (AJ) [Entered: 03/23/2021 11:48 AM]
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NINE (9) paper copies of appellant/petitioner brief [ # 6409744-2 ] submitted by Appellant Michael McKenzie. [20-2170] (AJ) [Entered: 03/23/2021 11:45 AM]
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APPELLANT'S BRIEF filed by Appellant Michael McKenzie. Certificate of service dated 03/18/2021. 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 03/26/2021 . Brief due 04/19/2021 for APPELLEES James W. Brannan and Aaron M. Frey. [20-2170] (LIM) [Entered: 03/19/2021 08:17 AM]
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BRIEF tendered by Appellant Michael McKenzie. [20-2170] (JJM) [Entered: 03/18/2021 04:08 PM]
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ORDER directing Appellant Michael McKenzie to file a conforming brief by March 25, 2021 . The corrected brief must be served on all parties to the appeal, and the certificate of service must be updated to include the new date of service. The due date for appellees' brief(s) shall run from service of the corrected brief, in accordance with Fed. R. App. P. 31. [20-2170] (AL) [Entered: 03/18/2021 03:38 PM]
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APPENDIX filed by Appellant Michael McKenzie. Number of volumes: 2. Certificate of service dated 03/15/2021. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 03/23/2021. [20-2170] (AVN) [Entered: 03/16/2021 09:11 AM]
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BRIEF tendered by Appellant Michael McKenzie. [20-2170] (JJM) [Entered: 03/15/2021 08:42 PM]
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APPENDIX tendered by Appellant Michael McKenzie. Certificate of service dated 03/15/2021. [20-2170] (JJM) [Entered: 03/15/2021 08:44 PM]
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ORDER granting motion to extend time to file brief and appendix filed by Appellant Michael McKenzie. Brief and Appendix due March 15, 2021 for appellant Michael McKenzie. [20-2170] (AL) [Entered: 02/26/2021 11:25 AM]
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ASSENTED TO MOTION to extend time to file brief and appendix filed by Appellant Michael McKenzie. Certificate of service dated 02/23/2021. [20-2170] (JJM) [Entered: 02/23/2021 09:11 AM]
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| 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: Bodie B. Colwell and Aaron M. Frey. [20-2170] (AL) [Entered: 01/25/2021 12:01 PM] |
| BRIEFING schedule set. Brief and Appendix due 03/01/2021 for appellant Michael McKenzie. 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 21 days following service of appellee's brief. Please see the court's general order issued April 20, 2020, requiring the electronic filing of appendices. [20-2170] (AL) [Entered: 01/19/2021 04:32 PM] |
| NOTICE of appearance on behalf of Appellee James W. Brannan filed by Attorney Jessie F. Beeber. Certificate of service dated 01/19/2021. [20-2170] (JFB) [Entered: 01/19/2021 09:39 PM] |
| NOTICE of appearance on behalf of Appellee Aaron M. Frey filed by Attorney Linda J. Conti. Certificate of service dated 01/13/2021. [20-2170] (LJC) [Entered: 01/13/2021 01:57 PM] |
| NOTICE of appearance on behalf of Appellee Aaron M. Frey filed by Attorney Christina M. Moylan. Certificate of service dated 01/08/2021. [20-2170] (CM) [Entered: 01/08/2021 11:00 AM] |
| NOTICE issued. After 01/22/2021, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Jessie F. Beeber for James W. Brannan, Bodie B. Colwell for James W. Brannan, Linda Conti for Aaron M. Frey and Aaron M. Frey for Aaron M. Frey. [20-2170] (AL) [Entered: 01/08/2021 09:18 AM] |
| NOTICE of appearance on behalf of Appellant Michael McKenzie filed by Attorney John J.E. Markham, II. Certificate of service dated 12/24/2020. [20-2170] (JJM) [Entered: 12/24/2020 12:37 PM] |
| NOTICE of appearance on behalf of Appellee James W. Brannan filed by Attorney Sigmund D. Schutz. Certificate of service dated 12/24/2020. [20-2170] (SDS) [Entered: 12/24/2020 11:43 AM] |
| NOTICE of appearance on behalf of Appellant Michael McKenzie filed by Attorney Bridget A. Zerner. Certificate of service dated 12/24/2020. [20-2170] (BAZ) [Entered: 12/24/2020 12:38 PM] |
| DOCKETING statement filed by Appellant Michael McKenzie. Certificate of service dated 12/24/2020. [20-2170] (BAZ) [Entered: 12/24/2020 01:10 PM] |
| TRANSCRIPT report/order form filed by Appellant Michael McKenzie indicating transcripts are not necessary for this appeal. Certificate of service dated 12/24/2020. [20-2170] (BAZ) [Entered: 12/24/2020 01:11 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #69) filed by Appellant Michael McKenzie. Docketing Statement due 01/06/2021. Transcript Report/Order form due 01/06/2021. Appearance form due 01/06/2021. [20-2170] (AL) [Entered: 12/23/2020 04:06 PM] |
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| Defendant / appellee: AARON M. FREY, in his official capacity as Attorney General of the State of Maine | |
| Represented By: | Linda Conti |
| Represented By: | Christina M. Moyland |
| Represented By: | Aaron M. Frey |
| Represented By: | Linda J. Conti |
| Represented By: | Christina Moylan |
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| Defendant / appellee: JAMES W. BRANNAN, as personal representative of The Estate of Robert Indiana | |
| Represented By: | Jessie F. Beeber |
| Represented By: | Sigmund D. Schutz |
| Represented By: | Bodie B. Colwell |
| Represented By: | Edward P. Boyle |
| Represented By: | Seth W. Brewster |
| Represented By: | Alfred Joseph Falzone III |
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| Plaintiff / appellant: MICHAEL MCKENZIE, individually, and, d/b/a American Image Art | |
| Represented By: | John J.E. Markham II |
| Represented By: | Bridget A. Zerner |
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| Plaintiff / appellant: MICHAEL MCKENZIE, individually and d/b/a American Image Art | |
| Represented By: | John J.E. Markham II |
| Represented By: | Bridget A. Zerner |
| Represented By: | John J. E. Markham II |
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