Leavitt v. United Services Automobile Association, et al
Plaintiff / Appellant: ALLAN M. LEAVITT
Defendant / Appellee: UNITED SERVICES AUTOMOBILE ASSOCIATION, STUART PARKER, individually and as Chief Operating Officer of United Services Automobile Association, WAYNE PEACOCK, individually and as Chief Operating Officer of United Services Automobile Association, BOARD OF DIRECTORS, UNITED SERVICES AUTOMOBILE ASSOCIATION, collectively and individually, GEICO INDEMNITY COMPANY, TONY NICELY, individually and as Chairman, President, CEO, and Treasurer of GEICO Indemnity Company and as a member of the Board of Directors of Berkshire Hathaway, Inc., BOARD OF DIRECTORS, GEICO INDEMNITY COMPANY, collectively and individually, COMMERCE INSURANCE COMPANY, CYNTHIA A. PHILLIPS, BERKSHIRE HATHAWAY, INC., WARREN BUFFETT, Chairman, CEO, and Principal Shareholder of Berkshire Hathaway, Inc., BOARD OF DIRECTORS, BERKSHIRE HATHAWAY, INC., collectively and individually, SMITH & BRINK, P.C., DAVID O. BRINK, individually and as Director of Smith & Brink, P.C., LYNN G. MCCARTHY, individually and as employee of Smith & Brink, P.C., LAMONTAGNE, SPAULDING & HAYES, LLP, CATHRYN SPAULDING, individually and as partner of Lamontagne, Spaulding, & Hayes, LLP and RONALD EVAN HARDING
Case Number: 21-1561
Filed: July 30, 2021
Court: U.S. Court of Appeals, First Circuit
Nature of Suit: Other
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Docket Report

This docket was last retrieved on September 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2021 RESPONSE filed by Appellees United Services Automobile Association, Board of Directors, United Services Automobile Association, Stuart Parker and Wayne Peacock to response and motion for sanctions [ # 6446636-2 ]. Certificate of service dated 09/27/2021. [21-1561] (JWM) [Entered: 09/27/2021 01:18 PM]
September 16, 2021 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: Christopher J. Grimaldi for Lamontagne, Spaulding & Hayes, LLP and Cathryn Spaulding. [21-1561] (ALW) [Entered: 09/16/2021 04:45 PM]
September 16, 2021 APPELLANT, ALLAN M. LEAVITT'S, RESPONSE [ # 6446558-2 ], OPPOSITION, and MOTION for Affimative Relief in Response to the Motion of Appellees United Services Automobile Association, Unnamed Members of its Board of Directors, Stuart Parker, and Wayne Peacock, for Summary Disposition Dismissing this Appeal filed by Appellant Allan M. Leavitt. Certificate of service dated 09/16/2021. [21-1561] CLERK'S NOTE: Docket entry was edited to modify the docket text. (WJR) [Entered: 09/16/2021 10:39 AM]
September 15, 2021 MOTION of Appellees United Services Automobile Association, Unnamed Members of its Board of Directors, Stuart Parker, and Wayne Peacock for Summary Disposition Dismissing this Appeal filed by Appellees United Services Automobile Association, Stuart Parker, Wayne Peacock and Board of Directors, United Services Automobile Association. Certificate of service dated 09/15/2021. [21-1561] CLERK'S NOTE: Docket entry was edited to modify the docket text. (JWM) [Entered: 09/15/2021 07:32 PM]
August 31, 2021 APPELLANT, ALLAN M. LEAVITT'S, RESPONSE [ # 6443323-2 ], [ # 6443323-3 ] and MOTION for Affimative Relief to the Motion by Appellees Cathryn Spaulding, Esq. and Lamontagne, Spaulding, & Hayes LLP for Sanctions Against Appellant Allan M. Leavitt and his Counsel Pursuant to Appellate Rule 38 and First Circuit Rule 38.0 filed by Appellant Allan M. Leavitt. Certificate of service dated 08/31/2021. [21-1561] CLERK'S NOTE: Docket entry was edited to modify the docket text. (WJR) [Entered: 08/31/2021 11:27 AM]
August 31, 2021 MOTION by Appellees Cathryn Spaulding, Esq. and Lamontagne, Spaulding, & Hayes LLP for Sanctions Against Appellant Allan M. Leavitt and his Counsel Pursuant to Appellate Rule 38 and First Circuit Rule 38.0. Certificate of service dated 08/31/2021. [21-1561] CLERK'S NOTE: Docket entry was edited to modify the docket text. (EFL) [Entered: 08/31/2021 10:05 AM]
August 28, 2021 APPELLANT, ALLAN M. LEAVITT'S, REPLY to the Opposition of USAA [ # 6442879-2 ] to his Motion to Address the Conflict of Interest Involving USAA filed by Appellant Allan M. Leavitt. Certificate of service dated 08/28/2021. [21-1561] CLERK'S NOTE: Docket entry was edited to modify the docket text. (WJR) [Entered: 08/28/2021 07:54 AM]
August 28, 2021 APPELLANT, ALLAN M. LEAVITT'S, REPLY to Joint Opposition [ # 6442883-2 ] to his Motion to Join Policyholders and Member of USAA, Geico, and the Commerce Insurance Company filed by Appellant Allan M. Leavitt. Certificate of service dated 08/28/2021. [21-1561] CLERK'S NOTE: Docket entry was edited to modify the docket text. (WJR) [Entered: 08/28/2021 08:49 AM]
August 27, 2021 OPPOSITION to Appellants Motion to Address the Conflict of Interest Involving United Services Automobile Association [ # 6440795-2 ] filed by Appellees United Services Automobile Association, Stuart Parker, Wayne Peacock, Board of Directors, United Services Automobile Association. Certificate of service dated 08/27/2021.[21-1561 ] CLERK'S NOTE: Docket entry was edited to modify the docket text and Party selection was incomplete. Correction made by clerk's office. No further action required. (JWM) [Entered: 08/27/2021 04:55 PM]
August 27, 2021 DISCLOSURE statement filed by Appellee United Services Automobile Association. Certificate of service dated 08/27/2021. [21-1561] (JWM) [Entered: 08/27/2021 04:50 PM]
August 27, 2021 JOINT OPPOSITION of Appellees United Services Automobile Association, Commerce Insurance Co., and Geico Indemnity Co. to Appellants Motion to Join Policyholders and Member [Sic] of USAA, Geico, and the Commerce Insurance Company [ # 6440841-2 ] filed by Appellees United Services Automobile Association, Commerce Insurance Company and GEICO Indemnity Company. Certificate of service dated 08/27/2021. [21-1561] CLERK'S NOTE: Docket entry was edited to modify the docket text. (JWM) [Entered: 08/27/2021 04:59 PM]
August 24, 2021 NOTICE issued. After 09/07/2021, the following attorney will no longer receive notice of court issued documents in this case unless he registers for an appellate ECF account: Christopher J. Grimaldi for Lamontagne, Spaulding & Hayes, LLP and Cathryn Spaulding. [21-1561] (ALW) [Entered: 08/24/2021 03:34 PM]
August 24, 2021 BRIEFING schedule set. Brief and Appendix due 10/04/2021 for appellant Allan M. Leavitt. 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. [21-1561] (ALW) [Entered: 08/24/2021 03:47 PM]
August 20, 2021 DISCLOSURE statement filed by Appellees Berkshire Hathaway, Inc. Certificate of service dated 08/20/2021. [21-1561] CLERK'S NOTE: Docket entry was edited to modify the docket text. (JMS) [Entered: 08/20/2021 08:17 AM]
August 20, 2021 DISCLOSURE statement filed by Appellees GEICO Indemnity Company. Certificate of service dated 08/20/2021. [21-1561] CLERK'S NOTE: Docket entry was edited to modify the docket text. (JMS) [Entered: 08/20/2021 08:15 AM]
August 19, 2021 NOTICE of appearance on behalf of Appellee Cynthia A. Phillips filed by Attorney Mark Darling. Certificate of service dated 08/19/2021. [21-1561] (MCD) [Entered: 08/19/2021 03:16 PM]
August 18, 2021 MOTION to preclude concurrent representation of appellees United Services Automobile Association and Stuart Parker, Wayne Peacock, and Board of Directors, United Services Automobile Association, and for order before court decides these appellees' pending motions filed by Appellant Allan M. Leavitt. Certificate of service dated 08/18/2021. [21-1561] CLERK'S NOTE: Docket entry was edited to modify the docket text. (WJR) [Entered: 08/18/2021 06:40 AM]
August 18, 2021 MOTION for order to join policyholders and members of appellees United Services Automobile Association, "Geico," and Commerce Insurance Company under Rule 19, and for order directing the United States Solicitor General and Massachusetts Attorney General to join the appeal filed by Appellant Allan M. Leavitt. Certificate of service dated 08/18/2021. [21-1561] CLERK'S NOTE: Docket entry was edited to modify the docket text. (WJR) [Entered: 08/18/2021 09:01 AM]
August 17, 2021 REPLY to Commerce's response to IFP motion [ # 6440491-2 ], RESPONSE to motion to Dismiss or for Summary Disposition [ # 6440491-2 ], and MOTION for fees and costs filed by Appellant Allan M. Leavitt. Certificate of service dated 08/17/2021. [21-1561] CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (WJR) [Entered: 08/17/2021 09:43 AM]
August 17, 2021 DISCLOSURE statement filed by Appellee Commerce Insurance Company. Certificate of service dated 08/17/2021. [21-1561] (JRC) [Entered: 08/17/2021 11:17 AM]
August 17, 2021 NOTICE of appearance on behalf of Appellees United Services Automobile Association, Stuart Parker, Wayne Peacock and Board of Directors, United Services Automobile Association filed by Attorney James W. McGarry. Certificate of service dated 08/17/2021. [21-1561] (JWM) [Entered: 08/17/2021 05:17 PM]
August 17, 2021 NOTICE of appearance on behalf of Appellee Ronald Evan Harding filed by Attorney Kristyn M. Kelley. Certificate of service dated 08/17/2021. [21-1561] (KMK) [Entered: 08/17/2021 08:35 AM]
August 17, 2021 TRANSCRIPT report/order form filed by indicating all necessary transcripts have already been filed in district court filed by Appellant Allan M. Leavitt indicating transcripts are being ordered. Certificate of service dated 08/17/2021. [21-1561] CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (WJR) [Entered: 08/17/2021 02:22 PM]
August 17, 2021 REPLY to Appellee Ronald Evan Harding's response to motion to proceed in forma pauperis [ # 6440414-2 ], RESPONSE to motion for summary disposition [ # 6440414-3 ], RESPONSE motion to issue sanctions [ # 6440414-4 ] and MOTION to award fees and filed by Appellant Allan M. Leavitt. Certificate of service dated 08/17/2021. [21-1561] CLERK'S NOTE: Docket entry was edited to modify the docket text. (WJR) [Entered: 08/17/2021 07:58 AM]
August 16, 2021 RESPONSE to motion to proceed in forma pauperis [ # 6438089-2 ] and MOTION for Summary Disposition and for Sanctions filed by Appellee Ronald Evan Harding. Certificate of service dated 08/16/2021. [21-1561] CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (WRC) [Entered: 08/16/2021 02:12 PM]
August 16, 2021 NOTICE of appearance on behalf of Appellee Ronald Evan Harding filed by Attorney William R. Covino. Certificate of service dated 08/16/2021. [21-1561] (WRC) [Entered: 08/16/2021 04:15 PM]
August 16, 2021 MOTION to dismiss or for summary disposition and RESPONSE to motion to proceed in forma pauperis [ # 6438089-2 ] filed by Appellee Commerce Insurance Company. Certificate of service dated 08/16/2021. [21-1561] (JRC) [Entered: 08/16/2021 04:57 PM]
August 14, 2021 RESPONSE filed by Appellant Allan M. Leavitt to response and motion [ # 6440051-2 ], response and motion to dismiss case [ # 6440051-3 ]. Certificate of service dated 08/14/2021. [21-1561] (WJR) [Entered: 08/14/2021 07:49 AM]
August 14, 2021 REPLY filed by Appellant Allan M. Leavitt to response [ # 6440117-2 ]. Certificate of service dated 08/14/2021. [21-1561] (WJR) [Entered: 08/14/2021 08:56 AM]
August 14, 2021 REPLY and RESPONSE filed by Appellant Allan M. Leavitt to response [ # 6440217-2 ], response and motion [ # 6440217-2 ], response and motion for summary disposition [ # 6440217-3 ], response and motion to issue sanctions [ # 6440217-4 ]. Certificate of service dated 08/14/2021. [21-1561] CLERK'S NOTE: Docket entry was edited to modify the docket text. (WJR) [Entered: 08/14/2021 12:31 PM]
August 13, 2021 MOTION to dismiss case and RESPONSE to motion to proceed in forma pauperis [ # 6438089-2 ] filed by Appellee Cynthia A. Phillips. Certificate of service dated 08/13/2021. [21-1561] 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. (JPD) [Entered: 08/13/2021 10:44 AM]
August 13, 2021 OPPOSITION of Defendants-Appellees Cathryn Spaulding and Lamontagne, Spaulding & Hayes, LLP To Plaintiff-Appellant Allan M. Leavitts motion to proceed on appeal in forma pauperis in the Court Of Appeals under Rule 24(a)(5) [ # 6438089-2 ] filed by Appellees Cathryn Spaulding and Lamontagne, Spaulding & Hayes, LLP. Certificate of service dated 08/13/2021. [21-1561] CLERK'S NOTE: Docket entry was edited to modify the docket text. (EFL) [Entered: 08/13/2021 02:27 PM]
August 13, 2021 RESPONSE to motion to proceed in forma pauperis [ # 6438089-2 ] and MOTION for Summary Disposition and for Sanctions filed by Appellees Berkshire Hathaway, Inc., Board of Directors, Berkshire Hathaway, Inc., Board of Directors, GEICO Indemnity Company, Warren Buffett, GEICO Indemnity Company and Tony Nicely. Certificate of service dated 08/13/2021. [21-1561] CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (JMS) [Entered: 08/13/2021 06:01 PM]
August 12, 2021 Request to proceed in forma pauperis filed by Appellant Allan M. Leavitt is pending in the Court of Appeals. [21-1561] (GAK) [Entered: 08/12/2021 01:34 PM]
August 12, 2021 **ENTERED IN ERROR** Request to proceed in forma pauperis filed by Appellant Allan M. Leavitt was granted in the Court of Appeals. [21-1561]. CLERK'S NOTE: Docket entry was docketed in error. Please disregard. (GAK) [Entered: 08/12/2021 01:31 PM]
August 12, 2021 MOTION to dismiss case and RESPONSE to motion to proceed in forma pauperis [ # 6438089-2 ] filed by Appellees Lamontagne, Spaulding & Hayes, LLP and Cathryn Spaulding. Certificate of service dated 08/12/2021. [21-1561] 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. (EFL) [Entered: 08/12/2021 03:06 PM]
August 12, 2021 NOTICE of appearance on behalf of Appellee Cynthia A. Phillips filed by Attorney John P. Donohue. Certificate of service dated 08/12/2021. [21-1561] (JPD) [Entered: 08/12/2021 03:34 PM]
August 12, 2021 NOTICE of appearance on behalf of Appellee Commerce Insurance Company filed by Attorney John R. Callahan. Certificate of service dated 08/12/2021. [21-1561] (JRC) [Entered: 08/12/2021 03:57 PM]
August 9, 2021 Opinion or Order ORDER entered: In an order entered on August 2, 2021 in No. 1:20-cv-12130-IT (D. Mass.), the district court certified, pursuant to 28 U.S.C. 1915(a)(3) and Fed. R. App. P. 24(a)(3)(A), that this appeal is not taken in good faith. Appellant's motion challenging the district court's certification and to proceed in forma pauperis, pursuant to Fed. R. App. P. 24(a)(5), is pending before this court. [21-1561] (DO) [Entered: 08/09/2021 09:54 AM]
August 5, 2021 NOTICE of appearance on behalf of Appellees Board of Directors, GEICO Indemnity Company, Berkshire Hathaway, Inc., Warren Buffett, Board of Directors, Berkshire Hathaway, Inc., Tony Nicely and GEICO Indemnity Company filed by Attorney Deidre Brennan Regan. Certificate of service dated 08/05/2021. [21-1561] (DBR) [Entered: 08/05/2021 12:49 PM]
August 5, 2021 NOTICE of appearance on behalf of Appellees Lamontagne, Spaulding & Hayes, LLP and Cathryn Spaulding filed by Attorney Edwin F. Landers, Jr.. Certificate of service dated 08/05/2021. [21-1561] (EFL) [Entered: 08/05/2021 04:12 PM]
August 5, 2021 NOTICE of appearance on behalf of Appellees Board of Directors, GEICO Indemnity Company, Berkshire Hathaway, Inc., Warren Buffett, Board of Directors, Berkshire Hathaway, Inc., Tony Nicely and GEICO Indemnity Company filed by Attorney Jocelyn M. Sedney. Certificate of service dated 08/05/2021. [21-1561] (JMS) [Entered: 08/05/2021 04:28 PM]
August 4, 2021 MOTION to proceed in forma pauperis filed by Appellant Allan M. Leavitt. Certificate of service dated 08/04/2021. [21-1561] (WJR) [Entered: 08/04/2021 06:50 AM]
August 4, 2021 Opinion or Order SUPPLEMENTAL record filed. Docket entries: 134 (Motion for Leave to Appeal in forma pauperis) and 137 (Order entered on August 2, 2021 by Judge Talwani certifying that appeal is not taken in good faith and denying [134] Motion to Proceed on Appeal In Forma Pauperis). [21-1561] (GAK) [Entered: 08/04/2021 10:31 AM]
August 1, 2021 DOCKETING statement filed by Appellant Allan M. Leavitt. Certificate of service dated 08/01/2021. [21-1561] (WJR) [Entered: 08/01/2021 07:36 AM]
July 31, 2021 NOTICE of appearance on behalf of Appellant Allan M. Leavitt filed by Attorney William J. Ruotolo. Certificate of service dated 07/31/2021. [21-1561] (WJR) [Entered: 07/31/2021 09:52 AM]
July 30, 2021 CIVIL CASE docketed. Notice of appeal (doc. #129) filed by Appellant Allan M. Leavitt. Docketing Statement, Appearance form, and Transcript Report/Order form due 08/13/2021. [21-1561] (DO) [Entered: 07/30/2021 11:08 AM]

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Search for this case: Leavitt v. United Services Automobile Association, et al
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Plaintiff / appellant: ALLAN M. LEAVITT
Represented By: William J. Ruotolo
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Defendant / appellee: UNITED SERVICES AUTOMOBILE ASSOCIATION
Represented By: James W. McGarry
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Defendant / appellee: STUART PARKER, individually and as Chief Operating Officer of United Services Automobile Association
Represented By: James W. McGarry
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Defendant / appellee: WAYNE PEACOCK, individually and as Chief Operating Officer of United Services Automobile Association
Represented By: James W. McGarry
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Defendant / appellee: BOARD OF DIRECTORS, UNITED SERVICES AUTOMOBILE ASSOCIATION, collectively and individually
Represented By: James W. McGarry
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Defendant / appellee: GEICO INDEMNITY COMPANY
Represented By: Deidre Brennan Regan
Represented By: Jocelyn M. Sedney
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Defendant / appellee: TONY NICELY, individually and as Chairman, President, CEO, and Treasurer of GEICO Indemnity Company and as a member of the Board of Directors of Berkshire Hathaway, Inc.
Represented By: Deidre Brennan Regan
Represented By: Jocelyn M. Sedney
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Defendant / appellee: BOARD OF DIRECTORS, GEICO INDEMNITY COMPANY, collectively and individually
Represented By: Deidre Brennan Regan
Represented By: Jocelyn M. Sedney
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Defendant / appellee: COMMERCE INSURANCE COMPANY
Represented By: John R. Callahan
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Defendant / appellee: CYNTHIA A. PHILLIPS
Represented By: Mark C. Darling
Represented By: John P. Donohue
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Defendant / appellee: BERKSHIRE HATHAWAY, INC.
Represented By: Deidre Brennan Regan
Represented By: Jocelyn M. Sedney
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Defendant / appellee: WARREN BUFFETT, Chairman, CEO, and Principal Shareholder of Berkshire Hathaway, Inc.
Represented By: Deidre Brennan Regan
Represented By: Jocelyn M. Sedney
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Defendant / appellee: BOARD OF DIRECTORS, BERKSHIRE HATHAWAY, INC., collectively and individually
Represented By: Deidre Brennan Regan
Represented By: Jocelyn M. Sedney
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Defendant / appellee: SMITH & BRINK, P.C.
Represented By: William T. Bogaert
Represented By: Samantha R. Puckett
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Defendant / appellee: DAVID O. BRINK, individually and as Director of Smith & Brink, P.C.
Represented By: William T. Bogaert
Represented By: Samantha R. Puckett
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Defendant / appellee: LYNN G. MCCARTHY, individually and as employee of Smith & Brink, P.C.
Represented By: William T. Bogaert
Represented By: Samantha R. Puckett
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Defendant / appellee: LAMONTAGNE, SPAULDING & HAYES, LLP
Represented By: Christopher J. Grimaldi
Represented By: Edwin F. Landers Jr.
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Defendant / appellee: CATHRYN SPAULDING, individually and as partner of Lamontagne, Spaulding, & Hayes, LLP
Represented By: Christopher J. Grimaldi
Represented By: Edwin F. Landers Jr.
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Defendant / appellee: RONALD EVAN HARDING
Represented By: William Robert Covino
Represented By: Kristyn M. Kelley
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