Taranov v. Area Agency of Greater Nashua, et al
| LIDIA TARANOV, through next friend, Tatiana Taranov and next friend Leonid Taranov |
| AREA AGENCY OF GREATER NASHUA, a/k/a Region VI Area Agency, d/b/a Gateways Community Services, Inc., SANDRA PELLETIER, Gateways President & CEO, MINDY HUCKINS, Gateways Senior Director of Family & Participant Directed Services, LORI SHIBINETTE, Commissioner of NH Department of Health and Human Services, in her official capacity and SANDY HUNT, Bureau Chief of NH Department of Health and Human Services, Bureau of Developmental Services, in her official capacity |
| NH ATTORNEY GENERAL'S OFFICE |
| 22-1744 |
| October 7, 2022 |
| U.S. Court of Appeals, First Circuit |
| Amer. w/Disabilities - Other |
Docket Report
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| 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: John M. Formella for NH Attorney General's Office. [22-1744] (ALW) [Entered: 11/30/2022 05:30 PM] |
| REPLY filed by Appellant Lidia Taranov to [ # 6533760-2 ]. Served on 11/28/2022. [22-1744] (TT) [Entered: 11/28/2022 11:44 AM] |
| MOTION for leave to exceed the word limit in her reply to Appellees DHHS & BDS response filed by Appellant Lidia Taranov. Served on 11/28/2022. [22-1744] CLERK'S NOTE: Docket entry was edited to modify the docket text. (TT) [Entered: 11/28/2022 11:53 AM] |
| REPLY to the Defendants/ Appellees Area Agencys, Sandra Pelletiers and Mindy Huckins Response to the Appellants Motion for Emergency Injunction/ Expedited Review [ # 6533571-2 ] containing a MOTION to Strike and MOTION for fees filed by Appellant Lidia Taranov. Served on 11/28/2022. [22-1744] CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (TT) [Entered: 11/28/2022 02:08 PM] |
ORDER entered by David J. Barron, Chief Appellate Judge; Jeffrey R. Howard, Appellate Judge and Gustavo A. Gelp , Jr., Appellate Judge: Before the court is "Appellant's Motion for (I) An Emergency Injunction Pending Petition for Review under Local Rule 27.0(B) and F.R. App. Proc. 8(A)(1)(C) and/or for (II) Expedited Processing of her Petition for Review under F.R. App. Proc. 2." The requests set out in the motion are resolved as follows. Appellant's request for an emergency injunction is |
| RESPONSE filed by Appellees Area Agency of Greater Nashua, Mindy Huckins and Sandra Pelletier to to expedite [ # 6531731-2 ], for injunction pending appeal [ # 6531731-3 ]. Served on 11/21/2022. [22-1744] (SRM) [Entered: 11/21/2022 01:55 PM] |
| NOTICE of appearance on behalf of Appellees Sandy Hunt and Lori Shibinette filed by Attorney Nathan W. Kenison-Marvin. Served on 11/21/2022. [22-1744] (NWK) [Entered: 11/21/2022 11:55 PM] |
| RESPONSE filed by Appellees Sandy Hunt and Lori Shibinette to to expedite [ # 6531731-2 ], for injunction pending appeal [ # 6531731-3 ]. Served on 11/21/2022. [22-1744] (NWK) [Entered: 11/21/2022 11:58 PM] |
| NOTICE of appearance on behalf of Appellees Area Agency of Greater Nashua, Mindy Huckins and Sandra Pelletier filed by Attorney Sabin R. Maxwell, Esquire. Served on 11/17/2022. [22-1744] (SRM) [Entered: 11/17/2022 01:50 PM] |
| RESPONSE filed by Appellant Lidia Taranov to [ # 6532838-2 ], to strike pleading [ # 6532788-2 ]. Served on 11/17/2022. [22-1744] (TT) [Entered: 11/17/2022 08:58 AM] |
| RESPONSE filed by Appellant Lidia Taranov to to strike pleading [ # 6532788-2 ]. Served on 11/16/2022. [22-1744] (TT) [Entered: 11/16/2022 08:14 PM] |
| MOTION to strike [ # 6532570-2 ], [ # 6532568-2 ], [ # 6532564-2 ], [ # 6531731-2 ], [ # 6531731-3 ], [ # 6531437-2 ], [ # 6530998-2 ], [ # 6530887-2 ], [ # 6530887-3 ], [ # 6530886-2 ], [ # 6530881-2 ], [ # 6530846-2 ] filed by Appellees Area Agency of Greater Nashua, Mindy Huckins and Sandra Pelletier. Served on 11/16/2022. [22-1744] (SRM) [Entered: 11/16/2022 03:57 PM] |
| NOTICE of appearance on behalf of Appellees Area Agency of Greater Nashua, Mindy Huckins and Sandra Pelletier filed by Attorney Sabin R. Maxwell, Esq.. Served on 11/15/2022. [22-1744] CLERK'S NOTE: 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, (11/21/2022) (PBK) [Entered: 11/15/2022 04:28 PM] |
| DISCLOSURE statement filed by Appellee Area Agency of Greater Nashua. Served on 11/15/2022. [22-1744] (PBK) [Entered: 11/15/2022 04:35 PM] |
| NOTICE of appearance on behalf of Appellees Area Agency of Greater Nashua, Mindy Huckins and Sandra Pelletier filed by Attorney Paul B. Kleinman, Esq.. Served on 11/15/2022. [22-1744] (PBK) [Entered: 11/15/2022 04:22 PM] |
| EMERGENCY MOTION for (I) an emergency injunction pending petition for review under Local Rule 27.0(b) and F.R.A.P. Proc. 8(a)(1)(C) and/or for (II) expedited processing of her petition for review under F.R.A.P. Proc. 2 filed by Appellant Lidia Taranov. Served on 11/11/2022. [22-1744] CLERK'S NOTE: Docket entry was edited to modify the docket text and the electronic access to document containing one or more personal identifiers was restricted by clerk's office. (TT) [Entered: 11/11/2022 07:48 AM] |
| BRIEF tendered by Appellant Lidia Taranov. [22-1744] (TT) [Entered: 11/10/2022 07:03 AM] |
| NOTICE issued. After 11/22/2022, the following attorneys will no longer receive notice of court issued documents in this case unless he registers for an appellate ECF account: John M. Formella for NH Attorney General's Office. [22-1744] (ALW) [Entered: 11/08/2022 09:54 AM] |
| MOTION for leave to use the electronic case filing system by the guardian ad litem under F.R.A.P. Proc. 25(a)(B)(ii) and Local Rule 25.0(a) filed by Appellant Lidia Taranov. Served on 11/04/2022. [22-1744] (ALW) [Entered: 11/07/2022 04:57 PM] |
| MOTION for leave under Local Rule 31.0(b) to file only one copy of the brief & addendum using only the ECF system filed by Appellant Lidia Taranov. Served on 11/04/2022. [22-1744] (ALW) [Entered: 11/07/2022 05:06 PM] |
| MOTION AND BRIEF in support thereof to I affirm the guardian ad litem as the real party in interest who can control the law suit and II to appoint counsel for the Appellant filed by Appellant Lidia Taranov. Served on 11/04/2022. [22-1744] (ALW) [Entered: 11/07/2022 05:13 PM] |
| MOTION for leave to use the original record under Rule 24(c) filed by Appellant Lidia Taranov. Served on 11/04/2022. [22-1744] (ALW) [Entered: 11/07/2022 03:55 PM] |
|
ORDER to Show Cause entered: On September 29, 2022, Tatiana Taranov filed a notice of appeal on behalf of appellant Lidia Taranov as Lidia Taranov's "guardian ad litem" in case number 1:21-cv-00995-PB (D.N.H.). Tatiana Taranov is not licensed to practice before this Court, and thus appears that Tatiana Taranov may not be permitted to represent Lidia Taranov in this appeal. See O'Diah v. Volkswagen of Am., Inc. , 91 Fed. Appx. 159, 160 (1st Cir. 2004) ("[E]ven assuming that Ese [appellant] is incompetent and needed a representative, such as his father, to sue on his behalf, see Fed. R. Civ. P. 17(c), his father would still need to be represented by an attorney."). Accordingly, on or before November 10, 2022 , Tatiana Taranov is ordered to either: (i) obtain admission to the bar of this Court and file a notice of appearance; (ii) engage counsel admitted to practice before this Court and have counsel file a notice of appearance; or (iii) show cause, in writing, why she should be allowed to proceed in this appeal pro se. [22-1744] (ALW) [Entered: 10/27/2022 04:45 PM]
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| SUPPLEMENTAL record filed. Docket entry: (#59) Amended Notice of Appeal. [22-1744] (ALW) [Entered: 10/08/2022 02:14 AM] |
| AMENDED notice of appeal (doc. #59 ) filed by Appellant Lidia Taranov on 10/03/2022. [22-1744] (ALW) [Entered: 10/08/2022 01:47 AM] |
| COURTESY COPY of Notice of Appeal filed by Appellant Lidia Taranov. Served on 09/29/2022. [22-1744] (ALW) [Entered: 10/07/2022 10:34 PM] |
| MOTION for leave to use the original record under Rule 24(c) filed by Appellant Lidia Taranov. Served on 10/04/2022. [22-1744] (ALW) [Entered: 10/08/2022 02:27 AM] |
| MOTION for leave under Local Rule 31(b) to file only one copy of the brief and using the ECF system, for leave under Local Rule 31(b) to file only one copy of the brief and using the ECF system filed by Appellant Lidia Taranov. Served on 10/04/2022. [22-1744] (ALW) [Entered: 10/08/2022 02:33 AM] |
| TRANSCRIPT report/order form filed by Appellant Lidia Taranov indicating transcripts are not necessary for this appeal. Certificate of service was not included. [22-1744] (ALW) [Entered: 10/08/2022 02:52 AM] |
| MOTION for leave to use the electronic case filing system by the guardian ad litem filed by Appellant Lidia Taranov. Served on 10/04/2022. [22-1744] (ALW) [Entered: 10/08/2022 02:47 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #55 ) filed by Appellant Lidia Taranov. Docketing Statement, Transcript Report/Order form, and Appearance form due 10/21/2022. [22-1744] (ALW) [Entered: 10/07/2022 09:48 PM] |
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| Plaintiff / appellant: LIDIA TARANOV, through next friend, Tatiana Taranov and next friend Leonid Taranov | |
| Represented By: | Tatiana Taranov |
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| Defendant / appellee: AREA AGENCY OF GREATER NASHUA, a/k/a Region VI Area Agency, d/b/a Gateways Community Services, Inc. | |
| Represented By: | Paul Bennett Kleinman |
| Represented By: | Sabin R. Maxwell |
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| Defendant / appellee: SANDRA PELLETIER, Gateways President & CEO | |
| Represented By: | Paul Bennett Kleinman |
| Represented By: | Sabin R. Maxwell |
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| Defendant / appellee: MINDY HUCKINS, Gateways Senior Director of Family & Participant Directed Services | |
| Represented By: | Paul Bennett Kleinman |
| Represented By: | Sabin R. Maxwell |
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| Defendant / appellee: LORI SHIBINETTE, Commissioner of NH Department of Health and Human Services, in her official capacity | |
| Represented By: | Nathan W. Kenison-Marvin |
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| Defendant / appellee: SANDY HUNT, Bureau Chief of NH Department of Health and Human Services, Bureau of Developmental Services, in her official capacity | |
| Represented By: | Nathan W. Kenison-Marvin |
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| Interested party: NH ATTORNEY GENERAL'S OFFICE | |
| Represented By: | John M. Formella |
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