Cushing, et al v. Packard
| PAUL BERCH, NH DEMOCRATIC PARTY, DAVID COTE, ROBERT R. CUSHING, individually and in his capacity as the Minority Leader of the NH House of Representatives, DIANE LANGLEY, KATHERINE D. ROGERS, CHARLOTTE DILORENZO and KENDALL SNOW |
| SHERMAN PACKARD, in his official capacity as Speaker of the House for the N.H. House of Representatives |
| 21-1177 |
| March 4, 2021 |
| U.S. Court of Appeals, First Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 Cushing v. Packard
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Cushing v. Packard
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Cushing v. Packard
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Docket Report
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This docket was last retrieved on April 26, 2021. A more recent docket listing may be available from PACER.
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| MOTION to stay Mandate and Judgment filed by Appellee Sherman Packard. Certificate of service dated 04/26/2021. [21-1177] (SRG) [Entered: 04/26/2021 10:59 AM] |
| BILL of costs filed by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine D. Rogers and Kendall Snow. Certificate of service dated 04/21/2021. [21-1177] (WEC) [Entered: 04/21/2021 11:10 AM] |
| RESPONSE filed by Appellee Sherman Packard to motion to remand case [ # 6415937-2 ]. Certificate of service dated 04/19/2021. [21-1177] (SRG) [Entered: 04/19/2021 10:03 PM] |
| PETITION for rehearing en banc filed by Appellee Sherman Packard. Certificate of service dated 04/19/2021. [21-1177] (SRG) [Entered: 04/19/2021 09:55 PM] |
| EMERGENCY MOTION to remand case filed by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, Katherine D. Rogers, Kendall Snow and NH Democratic Party. Certificate of service dated 04/16/2021. [21-1177] (IFP) [Entered: 04/16/2021 12:49 PM] |
| 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: James S. Cianci for Sherman Packard. [21-1177] (AL) [Entered: 04/09/2021 04:42 PM] |
| OPINION issued by Rogeriee Thompson, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Douglas P. Woodlock,* U.S. District Judge. Published. * Of the District of Massachusetts, sitting by designation. [21-1177] (AL) [Entered: 04/08/2021 06:12 PM] |
| JUDGMENT entered: The district court's denial of the preliminary injunction is vacated, and the matter is remanded to the district court for further proceedings consistent with the opinion issued this day. 21-1177 Remanded [21-1177] (AL) [Entered: 04/08/2021 06:16 PM] |
| CASE argued. Panel: Rogeriee Thompson, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Douglas P. Woodlock, U.S. District Judge. Arguing attorneys: Israel F. Piedra for Robert R. Cushing, David Cote, Katherine D. Rogers, Paul Berch, Diane Langley, Charlotte DiLorenzo and Kendall Snow and Samuel R. V. Garland for Sherman Packard. [21-1177] (DJT) [Entered: 04/05/2021 12:49 PM] |
| NINE (9) paper copies of reply brief [ # 6411852-2 ] submitted by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine D. Rogers and Kendall Snow. [21-1177] (AJ) [Entered: 03/31/2021 12:33 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Israel F. Piedra for Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, Katherine D. Rogers and Kendall Snow. Certificate of service dated 03/30/2021. [21-1177] (IFP) [Entered: 03/30/2021 09:57 AM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Samuel R. V. Garland for Appellee Sherman Packard. Certificate of service dated 03/30/2021. [21-1177] (SRG) [Entered: 03/30/2021 11:12 AM] |
| BRIEF tendered by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine D. Rogers and Kendall Snow. [21-1177] (SAS) [Entered: 03/29/2021 11:00 AM] |
| MOTION requesting leave for Attorney Paul J Twomey to enter an appearance filed by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, Katherine D. Rogers, Kendall Snow and Appellee Sherman Packard. Certificate of service dated 03/29/2021. [21-1177] (PJT) [Entered: 03/29/2021 06:22 AM] |
| NINE (9) paper copies of appellee/respondent brief [ # 6411397-2 ] submitted by Appellee Sherman Packard. [21-1177] (ATC) [Entered: 03/29/2021 12:35 PM] |
| REPLY BRIEF filed by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine D. Rogers and Kendall Snow. Certificate of service dated 03/29/2021. 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 04/01/2021 . [21-1177] (LIM) [Entered: 03/29/2021 11:49 AM] |
ORDER entered by Rogeriee Thompson, Appellate Judge:Attorney Paul J. Twomey's motion for appearance is allowed. [21-1177] (DJT) [Entered: 03/29/2021 04:18 PM]
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| NOTICE of appearance filed by Attorney Paul J. Twomey for Appellants Robert R. Cushing, David Cote, Katherine D. Rogers, Paul Berch, Diane Langley, Charlotte DiLorenzo and Kendall Snow. Certificate of service dated 03/29/2021. [21-1177] (DJT) [Entered: 03/29/2021 04:24 PM] |
| 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, April 5, 2021 at 9:30 a.m., in lieu of in-person appearance. Check-in at 9:00 a.m. before court begins is required. There will be no continuance except for grave cause.Designation form due 03/30/2021. [21-1177] (DJT) [Entered: 03/29/2021 04:30 PM] |
| BRIEF tendered by Appellee Sherman Packard. [21-1177] (AJG) [Entered: 03/25/2021 05:03 PM] |
| APPELLEE'S BRIEF filed by Appellee Sherman Packard. Certificate of service dated 03/25/2021. 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 03/29/2021 . [21-1177] CLERK'S NOTE: Docket entry was modified to replace an attachment which corrected the case caption on the front cover of the brief. (DK) [Entered: 03/25/2021 05:21 PM] |
| NOTICE issued. After 04/07/2021, the following attorney will no longer receive notice of court issued documents in this case unless he registers for an appellate ECF account: James S. Cianci for Sherman Packard. [21-1177] (AL) [Entered: 03/24/2021 05:14 PM] |
| FIVE (5) paper copies of appendix [ # 6408386-2 ] submitted by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine D. Rogers and Kendall Snow. [21-1177] (ATC) [Entered: 03/15/2021 10:56 AM] |
| NINE (9) paper copies of appellant/petitioner brief [ # 6408385-2 ] submitted by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine D. Rogers and Kendall Snow. [21-1177] (ATC) [Entered: 03/15/2021 10:43 AM] |
| APPELLANTS' BRIEF filed by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine D. Rogers and Kendall Snow. Certificate of service dated 03/11/2021. 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 03/15/2021 . [21-1177] (AVN) [Entered: 03/12/2021 11:14 AM] |
| APPENDIX filed by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine D. Rogers and Kendall Snow. Certificate of service dated 03/11/2021. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 03/15/2021. [21-1177] (AVN) [Entered: 03/12/2021 11:16 AM] |
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ORDER entered by Rogeriee Thompson, Appellate Judge: Attorney Israel F. Piedra's motion for appearance is allowed.[21-1177] (DJT) [Entered: 03/12/2021 04:11 PM]
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ORDER entered by Rogeriee Thompson, Appellate Judge: Attorney S. Amy Spencer's motion for appearance is allowed. [21-1177] (DJT) [Entered: 03/11/2021 04:04 PM]
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| BRIEF tendered by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine D. Rogers and Kendall Snow. [21-1177] CLERK'S NOTE: Docket entry was modified to replace an attachment which corrected the case caption on the front cover of the brief. (SAS) [Entered: 03/11/2021 08:28 PM] |
| APPENDIX tendered by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine D. Rogers and Kendall Snow. Certificate of service dated 03/11/2021. [21-1177] CLERK'S NOTE: Docket entry was modified to replace an attachment which corrected the case caption on the front cover of the appendix and the table of contents. (SAS) [Entered: 03/11/2021 09:38 PM] |
| NOTICE of appearance on behalf of Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, Katherine D. Rogers and Kendall Snow filed by Attorney Israel F. Piedra. Certificate of service dated 03/10/2021. [21-1177] (IFP) [Entered: 03/10/2021 11:58 AM] |
| MOTION requesting leave for Attorney Israel F. Piedra to enter an appearance filed by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, Katherine D. Rogers and Kendall Snow. Certificate of service dated 03/10/2021. [21-1177] (IFP) [Entered: 03/10/2021 12:53 PM] |
| DOCKETING statement filed by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party and Katherine D. Rogers. Certificate of service dated 03/09/2021. [21-1177] (WEC) [Entered: 03/09/2021 08:40 AM] |
| TRANSCRIPT report/order form filed by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party and Katherine D. Rogers indicating all necessary transcripts have already been filed in district court. Certificate of service dated 03/09/2021. [21-1177] (WEC) [Entered: 03/09/2021 08:42 AM] |
| NOTICE of appearance on behalf of Appellant NH Democratic Party filed by Attorney S. Amy Spencer, Esquire. Certificate of service dated 03/09/2021. [21-1177] (SAS) [Entered: 03/09/2021 10:30 AM] |
| MOTION requesting leave for Attorney S. Amy Spencer to enter an appearance filed by Appellant NH Democratic Party. Certificate of service dated 03/09/2021. [21-1177] (WEC) [Entered: 03/09/2021 03:56 PM] |
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ORDER entered by William J. Kayatta, Jr., Appellate Judge: Appellants' "emergency motion to expedite appeal" is resolved as follows. Appellants shall file and serve the opening brief and the appendix by March 11, 2021. Appellee shall file and serve the response brief by March 25, 2021. Any reply brief should be filed by 12:00 noon on March 29, 2021. No extensions of any of these deadlines should be expected barring extraordinary circumstances. If required, oral argument will be held on Monday, April 5, 2021. [21-1177] (AL) [Entered: 03/08/2021 03:51 PM]
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| EXPEDITED briefing schedule set. Brief and Appendix due March 11, 2021 for appellant Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party and Katherine D. Rogers. Please see the court's general order issued April 20, 2020, requiring the electronic filing of appendices. [21-1177] (AL) [Entered: 03/08/2021 03:56 PM] |
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ORDER entered by William J. Kayatta, Jr., Appellate Judge: To the extent that any party wishes new counsel to appear, that party must promptly file a motion for leave to appear before such an appearance may be accepted by the court. [21-1177] (AL) [Entered: 03/08/2021 05:13 PM]
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| EMERGENCY MOTION to expedite Appeal filed by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party and Katherine D. Rogers. Certificate of service dated 03/05/2021. [21-1177] (WEC) [Entered: 03/05/2021 10:34 AM] |
| NOTICE of appearance on behalf of Appellant NH Democratic Party filed by Attorney William E. Christie, Esquire. Certificate of service dated 03/05/2021. [21-1177] (WEC) [Entered: 03/05/2021 10:27 AM] |
| NOTICE of appearance on behalf of Appellee Sherman Packard filed by Attorney Anthony J. Galdieri. Certificate of service dated 03/05/2021. [21-1177] (AJG) [Entered: 03/05/2021 12:26 PM] |
| RESPONSE filed by Appellee Sherman Packard to motion to expedite [ # 6406490-2 ]. Certificate of service dated 03/05/2021. [21-1177] (SRG) [Entered: 03/05/2021 04:34 PM] |
| NOTICE of appearance on behalf of Appellee Sherman Packard filed by Attorney Jennifer S. Ramsey. Certificate of service dated 03/05/2021. [21-1177] (JR) [Entered: 03/05/2021 12:33 PM] |
| NOTICE of appearance on behalf of Appellee Sherman Packard filed by Attorney Samuel R. V. Garland. Certificate of service dated 03/05/2021. [21-1177] (SRG) [Entered: 03/05/2021 12:39 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #27) filed by Appellants Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party and Katherine D. Rogers. Docketing Statement, Transcript Report/Order form and Appearance form due 03/18/2021. [21-1177] (AL) [Entered: 03/04/2021 01:45 PM] |
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