Hadley, et al v. Capone, et al
| LAURA A. HADLEY, DEVOL POND ASSOCIATION, 2021 HADLEY FAMILY REAL ESTATE TRUST, ROBERT C. HADLEY, ESTATE OF MILDRED M. HADLEY, ESTATE OF THE LATE ROBERT C. HADLEY and JANA DOES |
| CHRISTOPHER J. CAPONE, WESTPORT, MA, WESTPORT CONSERVATION COMMISSION, JASON POWELL, PAUL JONCAS, JACOB MCGUIGAN, GRACE GREENWOOD, PHILIP WEINBERG, BURTON BRYAN, KEVIN CARTER, HUGH E. MCGOVERN, ROBERTA MCGOVERN, MASSACHUSETTS DEPARTMENT OF CONSERVATION AND RECREATION, MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION, BRENDA PALMER, TIMOTHY PALMER, ANTHONY FERREIRA, JR., MARK FERREIRA, LONG BUILT HOMES, INC., BRIAN TRIPP, KAREN TRIPP MARTIN, PAMELA WILKINSON, MARY LOU QUIGLEY, DEAN MARTIN, GERALDINE TRIPP, ESTATE OF PAUL CAPONE, CARA ROMANO, CHRISTINE MULROONEY, JAMES MULROONEY, BANK OF AMERICA, N.A., DEBRA DIETZ, RACHEL SWICKER, MARK BARTOW, JIM STRAUB, DANI LAFARRIER, LONG BUILT HOMES, LLC., LONG REALTY, INC., ROBERT LONG, WESPORT HIGHWAY DEPARTMENT, JENNIFER REZENDES, MICHAEL J. PERRY, ELIZABETH PERRY and CHRISTOPHER GONSALVES |
| 25-1091 |
| January 23, 2025 |
| U.S. Court of Appeals, First Circuit |
| RICO |
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| MOTION to Consolidate, Vacate, and Remand and a REPLY to response [ # 6701294-2 ], response [ # 6699811-2 ] filed by Appellants Devol Pond Association, 2021 Hadley Family Real Estate Trust, Jana Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura A. Hadley and Robert C. Hadley. Served on 02/26/2025. [25-1091] CLERK'S NOTE: Docket entry was edited to modify the docket text. (LAH) [Entered: 02/26/2025 08:55 PM] |
| DISCLOSURE statement filed by Appellants Devol Pond Association, 2021 Hadley Family Real Estate Trust, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura A. Hadley, Jana Does and Robert C. Hadley. Served on 02/24/2025. [25-1091] (LAH) [Entered: 02/24/2025 05:55 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, Appellees Christopher J. Capone, Massachusetts Department of Conservation and Recreation, Massachusetts Department of Environmental Protection and Not Parties Mark Bartow and Jim Straub in 25-1091 to motion to hold case in abeyance [ # 6700209-2 ], motion to hold case in abeyance [ # 6698905-2 ]. Served on 02/19/2025. [24-1738, 24-2116, 25-1091] CLERK'S NOTE: Document should have been filed in additional case (25-1091). Correction made by clerk's office. No further action required. (ATC) [Entered: 02/19/2025 03:53 PM] |
| RESPONSE filed by Appellees Christopher J. Capone, Kevin Carter, Burton Bryan, Grace Greenwood, Paul Joncas, Jacob McGuigan, Jason Powell, Philip Weinberg, Westport Conservation Commission and Westport, MA to motion to hold case in abeyance [ # 6698905-2 ]. Served on 02/11/2025. [24-1738, 24-2116, 25-1091] CLERK'S NOTE: Document should have been filed in additional cases 24-1738 and 24-2116. Correction made by clerk's office. No further action required. (JLA) [Entered: 02/11/2025 03:40 PM] |
| DOCKETING statement filed by Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura A. Hadley and Robert C. Hadley. Served on 02/06/2025. [25-1091] (LAH) [Entered: 02/06/2025 04:52 PM] |
| NOTICE of appearance on behalf of Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura A. Hadley and Robert C. Hadley filed by Attorney Laura Hadley. Served on 02/06/2025. [25-1091] (LAH) [Entered: 02/06/2025 04:48 PM] |
| MOTION to hold case in abeyance filed by Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Estate of the late Robert C. Hadley, Estate of Mildred M. Hadley, Laura A. Hadley and Robert C. Hadley. Served on 02/06/2025. [24-1738, 24-2116, 25-1091] CLERK'S NOTE: Document should have been filed in additional cases 24-1738 and 24-2116. Correction made by clerk's office. No further action required. (LAH) [Entered: 02/06/2025 04:55 PM] |
| TRANSCRIPT report/order form filed by Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura A. Hadley and Robert C. Hadley indicating transcripts are not necessary for this appeal. Served on 02/06/2025. [25-1091] (LAH) [Entered: 02/06/2025 05:05 PM] |
| NOTICE of appearance on behalf of Appellees Hugh E. McGovern and Roberta McGovern filed by Attorney Benjamin M. McGovern. Served on 02/06/2025. [25-1091] (BMM) [Entered: 02/06/2025 06:23 PM] |
| NOTICE of appearance on behalf of Appellees Long Built Homes, Inc. and Mark Ferreira filed by Attorney John F. Willis. Served on 02/05/2025. [25-1091] (JFW) [Entered: 02/05/2025 04:54 PM] |
| LETTER filed by Attorney John Michael Dupuis for Appellees Massachusetts Department of Environmental Protection and Massachusetts Department of Conservation and Recreation. Served on 01/28/2025. [25-1091] (ATC) [Entered: 01/29/2025 02:59 PM] |
| NOTICE of appearance on behalf of Appellees Anthony Ferreira, Jr. and Mark Ferreira filed by Attorney Michael Franco. Served on 01/24/2025. [25-1091] (MF) [Entered: 01/24/2025 11:22 AM] |
| 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 and Burton Bryan and Not Party Wesport Highway Department filed by Attorney Justin L. Amos. Served on 01/24/2025. [25-1091] CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action required. (JLA) [Entered: 01/24/2025 12:09 PM] |
| NOTICE of appearance on behalf of Appellees Brenda Palmer and Timothy Palmer filed by Attorney John Fiegel. Served on 01/24/2025. [25-1091] (JTF) [Entered: 01/24/2025 01:44 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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| CIVIL CASE docketed. Notice of appeal (doc. #52) filed by Appellants 2021 Hadley Family Real Estate Trust, Devol Pond Association, Jana Does, Estate of Mildred M. Hadley, Estate of the late Robert C. Hadley, Laura A. Hadley and Robert C. Hadley. Docketing Statement and Appearance form due 02/06/2025 . [25-1091] (ATC) [Entered: 01/23/2025 03:34 PM] |
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