Devol Pond Association, et al v. Capone, et al
| JANA DOES, CHRISTOPHER HADLEY, as an individual, DEVOL POND ASSOCIATION, a community group and 501(c)(3), JANE DOES, beneficiaries of the 2021 Hadley Family Real Estate Trust, ESTATE OF MILDRED M. HADLEY, ESTATE OF THE LATE ROBERT C. HADLEY, 2021 HADLEY FAMILY REAL ESTATE TRUST, ROBERT C. HADLEY, individually and as Trustee for the 2021 Hadley Family Real Estate Trust and LAURA A. HADLEY, individually and as Trustee for the 2021 Hadley Family Real Estate Trust |
| DANI LAFARRIER, PAUL JONCAS, MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION, MASSACHUSETTS DEPARTMENT OF CONSERVATION AND RECREATION, JIM STRAUB, GRACE GREENWOOD, WESTPORT CONSERVATION COMMISSION, PAMELA WILKINSON, JASON POWELL, MARK BARTOW, CHRISTOPHER J. CAPONE, JACOB MCGUIGAN, KEVIN CARTER, BURTON BRYAN, MARY LOU QUIGLEY, PHILIP WEINBERG, LAW FIRM OF PIERCE, DAVIS, PERRITANO, WESTPORT, MA, JUSTIN LEE AMOS, JOHN J. CLOHERTY, III, BRIAN TRIPP, KAREN TRIPP MARTIN, ESTATE OF PAUL CAPONE, HUGH E. MCGOVERN, MICHAEL J. PERRY, TIMOTHY PALMER, BRENDA PALMER, DEAN MARTIN, DREAM HOMES, LLC, JENNIFER WILKINSON, ELIZABETH PERRY, MARK FERREIRA, ANTHONY FERREIRA, JR., ESTELLE FERREIRA, ESTATE OF ESTELLE FERREIRA, CARA ROMANO, CHRISTINE MULROONEY, JAMES MULROONEY, DEBRA DIETZ, GERALDINE TRIPP and TIMOTHY MULROONEY |
| MIIA PROPERTY AND CASUALTY GROUP, INC. |
| 24-2116 |
| December 13, 2024 |
| U.S. Court of Appeals, First Circuit |
| RICO |
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| NOTICE of appearance on behalf of Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Jane Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura A. Hadley and Robert C. Hadley in 24-2116, 24-1738 filed by Attorney Laura Hadley. Served on 02/10/2025. [24-2116, 24-1738] (LAH) [Entered: 02/10/2025 05:57 PM] |
| TRANSCRIPT report/order form filed by Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Jane Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura A. Hadley and Robert C. Hadley in 24-2116, 24-1738 indicating all necessary transcripts have already been filed in district court. Served on 02/10/2025. [24-2116, 24-1738] (LAH) [Entered: 02/10/2025 05:50 PM] |
| NOTICE of appearance on behalf of Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Jane Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura A. Hadley and Robert C. Hadley in 24-2116, 24-1738 filed by Attorney Laura Hadley. Served on 02/10/2025. [24-2116, 24-1738] (LAH) [Entered: 02/10/2025 05:47 PM] |
| DOCKETING statement filed by Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Jane Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley and Laura A. Hadley in 24-2116, 24-1738. Served on 02/10/2025. [24-2116, 24-1738] (LAH) [Entered: 02/10/2025 05:45 PM] |
| NOTICE of default and intent to dismiss issued: Appellants are presently in default for failure to pay the filing fee and to file an appearance form, docketing statement, and transcript report/order form. Appellants must pay the filing fee and file the appearance form, docketing statement, and transcript report/order form by February 10, 2025 or risk dismissal of the appeal for lack of diligent prosecution in accordance with 1st Cir. R. 3.0(b). [24-2116] (ATC) [Entered: 01/27/2025 01:59 PM] |
ORDER entered by Seth Robert Aframe, Appellate Judge: Now before the court are various motions filed by Plaintiffs-Appellants in Appeals 24-1738 and 24-2116. The request that the appeals be consolidated is denied without prejudice. Within 14 days of entry of this order, the consolidation request may be renewed by any party with a motion that takes into account recently opened Appeal 25-1091. Decision on whether to consolidate any or all of the aforementioned appeals is reserved for the moment. Any briefing schedules previously entered are vacated, and the matter of briefing will be addressed once a decision has been made regarding potential consolidation. The court acknowledges that Plaintiffs-Appellants already have tendered a brief in Appeals 24-1738 and 24-2116. That brief remains in tendered status and will be addressed in a future order. Any requests for summary disposition of the appeals are denied , without prejudice to later renewal. Regarding any references in pending motions to potential injunctive relief, this court denied Plaintiffs-Appellants' request for injunctive relief by order entered January 22, 2025. Finally, the request for correction of the caption appears to be a reiteration of Plaintiffs-Appellants' request for consolidation, which is addressed above. [24-1738, 24-2116, 25-1091] (ATC) [Entered: 01/24/2025 04:53 PM]
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| SUPPLEMENTAL record filed. Docket entries: DE# 165 - Electronic Order entered denying motion to vacate and motion to amended motion to vacate; DE# 167- Electronic Order denying motion to amend judgment and vacate order; DE# 172 - Subsequent Notice of Appeal. [24-1738, 24-2116] (ATC) [Entered: 01/24/2025 11:54 AM] |
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ORDER entered by David J. Barron, Chief Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Gustavo A. Gelp , Jr., Appellate Judge: Now before the court is Plaintiffs-Appellants' "Motion for Injunctive and Declaratory Relief," through which they seek various forms of injunctive relief, summary disposition of this appeal, and other relief. We begin with the requests for injunctive relief. As an initial matter, it appears that Plaintiffs-Appellants have failed to seek an injunction pending appeal from the district court in the first instance, as required under Federal Rule of Appellate Procedure 8(a)(1)(C), nor have Plaintiffs-Appellants "show[n] that moving first in the district court would be impracticable," per Federal Rule of Appellate Procedure 8(a)(2)(A)(i). To be clear, we are aware that Plaintiffs-Appellants pursued injunctive relief in the district court; however, it appears that Plaintiffs-Appellants did not file in the district court a post-judgment motion specifically requesting an injunction pending appeal. See Fed. R. App. P. 8(a)(1)(C) (requiring party to first move in district court when seeking "an injunction while an appeal is pending ") (emphasis added). We could deny the requests for injunctive relief based on this omission standing alone. In any event, after review of the parties' filings and relevant portions of the record, we conclude that Plaintiffs-Appellants have failed to demonstrate their entitlement to the injunctive relief they request. See Respect Maine PAC v. McKee , 622 F.3d 13, 15 (1st Cir. 2010) (injunction factors); see also Fed. R. App. P. 2 (court may suspend rules under appropriate circumstances). More specifically, Plaintiffs-Appellants have not "made a strong showing that [they] [are] likely to succeed on the merits" of this appeal and have not demonstrated that they "will be irreparably injured absent relief." Respect Maine PAC , 622 F.3d at 15. Thus, the requests for injunctive relief set out in the current motion are DENIED . Plaintiffs-Appellants' request for summary disposition and their other requests anent the merits of the appeal are DENIED . This appeal is in briefing, and the ultimate merits panel will resolve the appeal based on the arguments developed by the parties in briefing. Plaintiffs-Appellants are strongly encouraged to focus their energies on briefing, as opposed to further motion practice. All other requests for relief set out in the current motion also are DENIED . [24-1738, 24-2116] (ATC) [Entered: 01/22/2025 04:28 PM]
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| NOTICE of appearance on behalf of Appellees Westport, MA, Westport Conservation Commission, Christopher J. Capone, Paul Joncas, Jason Powell, Jacob McGuigan, Grace Greenwood, Philip Weinberg, Kevin Carter, Burton Bryan, John J. Cloherty, III, Justin Lee Amos and Law Firm of Pierce, Davis, Perritano filed by Attorney Justin L. Amos. Served on 01/22/2025. [24-2116] (JLA) [Entered: 01/22/2025 12:38 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: Christine O. Abraham for Dream Homes, LLC, Blake J. Godbout for Timothy Palmer and Brenda Palmer and Kimberly McGovern for Hugh E. McGovern. [24-2116] (ATC) [Entered: 01/17/2025 09:51 AM] |
| MOTION to correct case caption and a REPLY to response [ # 6692053-2 ] filed by Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Jane Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura Hadley and Robert C. Hadley in 24-1738, 24-2116. Served on 01/15/2025. [24-1738, 24-2116] CLERK'S NOTE: Docket entry was edited to modify the docket text. (LAH) [Entered: 01/15/2025 04:35 PM] |
| REPLY filed by Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Jana Does, Jane Does, Laura Hadley and Robert C. Hadley in 24-1738, 24-2116 to response [ # 6692053-2 ]. Served on 01/15/2025. [24-1738, 24-2116] (LAH) [Entered: 01/15/2025 04:26 PM] |
| FOUR (4) paper copies of Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Jane Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura Hadley and Robert C. Hadley's Motion to Consolidate and Remand, Stay, and Vacate [ # 6691787-2 ] in 24-1738, 24-2116. [24-1738, 24-2116]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (JW) [Entered: 01/14/2025 10:42 AM] |
| APPENDIX tendered by Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Jane Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura Hadley and Robert C. Hadley in 24-1738, 24-2116. Served on 01/13/2025. [24-1738, 24-2116] (LAH) [Entered: 01/13/2025 02:22 PM] |
| BRIEF tendered by Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Jane Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura Hadley and Robert C. Hadley in 24-1738, 24-2116. [24-1738, 24-2116] (LAH) [Entered: 01/13/2025 02:19 PM] |
| RESPONSE filed by Appellees Mark Bartow, Christopher J. Capone, Massachusetts Department of Conservation and Recreation, Massachusetts Department of Environmental Protection and Jim Straub in 24-1738, 24-2116 to motion to amend caption [ # 6691787-2 ], motion to stay [ # 6691787-3 ], motion to consolidate cases [ # 6691787-4 ], motion to remand case [ # 6691787-5 ], motion to vacate order [ # 6691787-6 ], motion [ # 6690263-2 ], motion to stay [ # 6690263-3 ], motion to consolidate cases [ # 6690263-4 ]. Served on 01/09/2025. [24-1738, 24-2116] (JMD) [Entered: 01/09/2025 08:38 AM] |
| MOTION to Consolidate and Remand, Stay, and Vacate filed by Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Jane Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura Hadley and Robert C. Hadley in 24-1738, 24-2116. Served on 01/07/2025. [24-1738, 24-2116] CLERK'S NOTE: Docket entry was edited to modify the docket text. (LAH) [Entered: 01/07/2025 05:22 PM] |
| NOTICE of appearance on behalf of Appellees Massachusetts Department of Conservation and Recreation, Massachusetts Department of Environmental Protection, Mark Bartow, Jim Straub and Christopher J. Capone filed by Attorney David A. Rich. Served on 12/30/2024. [24-2116] (DAR) [Entered: 01/02/2025 06:05 PM] |
| NOTICE issued. After 01/14/2025, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Christine O. Abraham for Dream Homes, LLC, Blake J. Godbout for Timothy Palmer and Brenda Palmer and Kimberly McGovern for Hugh E. McGovern. [24-2116] (JW) [Entered: 12/31/2024 04:51 PM] |
| Motion to Stay, Vacate, and Consolidate and Remand filed by Appellants 2021 Hadley Family Real Estate Trust, Estate of Mildred M. Hadley, Devol Pond Association, Estate of the late Robert C. Hadley, Laura Hadley, Robert C. Hadley, Jana Does and Jane Does in 24-1738, 24-2116. Served on 12/30/2024. [24-1738, 24-2116] 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. (LAH) [Entered: 12/30/2024 02:36 PM] |
| NOTICE of appearance on behalf of Appellees Mark Bartow, Massachusetts Department of Conservation and Recreation, Massachusetts Department of Environmental Protection, Jim Straub and Christopher J. Capone filed by Attorney David A. Rich. Served on 12/30/2024. [24-2116] 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 [01/03/2025]. (AKS) [Entered: 12/30/2024 11:07 AM] |
| APPENDIX tendered by Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Jane Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura Hadley and Robert C. Hadley in 24-1738, 24-2116. Served on 12/27/2024. [24-1738, 24-2116] (LAH) [Entered: 12/27/2024 11:49 PM] |
| NOTICE of appearance on behalf of Appellees Christopher J. Capone, Mark Bartow, Massachusetts Department of Conservation and Recreation, Massachusetts Department of Environmental Protection and Jim Straub filed by Attorney John Dupuis. Served on 12/16/2024. [24-2116] CLERK'S NOTE: Document should not have been filed in additional case (24-1738). Correction made by clerk's office. No further action required. (JMD) [Entered: 12/16/2024 12:34 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #168) filed by Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Jane Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura Hadley and Robert C. Hadley. Appearance form, Docketing Statement, Transcript Report/Order form, and Fee due 12/27/2024. [24-2116] (JW) [Entered: 12/13/2024 11:23 PM] |
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