New England Fishermen's Stewardship Association v. Lutnick, et al

Justia Dockets & Filings First Circuit U.S. Court of Appeals, First Circuit New England Fishermen's Stewardship Association v. Lutnick, et al

New England Fishermen's Stewardship Association v. Lutnick, et al

Plaintiff:	NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION and JERRY LEEMAN
Defendant:	HOWARD LUTNICK, in the official capacity as Secretary of Commerce, EMILY MENASHES, in the official capacity as Acting Assistant Administrator for Fisheries at NMFS, NATIONAL MARINE FISHERIES SERVICE and SAMUEL D. RAUCH, III, in the official capacity as Deputy Assistant Administrator for Regulatory Programs at NMFS
Amicus Curiae:	SEAFOOD HARVESTERS OF AMERICA
Case Number:	25-1213
Filed:	March 7, 2025
Court:	U.S. Court of Appeals, First Circuit
Nature of Suit:	Other Civil Rights

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Docket Report

This docket was last retrieved on August 31, 2025. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 31, 2025	BRIEF tendered by Appellees/Cross-Appellants Howard Lutnick, Emily Menashes, National Marine Fisheries Service and Samuel D. Rauch, III in 25-1212, 25-1213. [25-1212, 25-1213] (DH) [Entered: 08/31/2025 02:54 PM]
August 28, 2025	NINE (9) paper copies of amicus brief [ # 6746307-2 ] submitted by Amicus Curiae Seafood Harvesters of America in 25-1212, 25-1213. [25-1212, 25-1213] (SRS) [Entered: 08/29/2025 04:52 PM]
August 27, 2025	ORDER entered: Plaintiff-Appellant/Cross-Appellee New England Fishermen's Stewardship Association's motion to extend time to file the response and reply brief is denied, without prejudice to refiling. The instant motion is premature because the Defendants-Appellees/Cross-Appellants' principal and response brief has not been accepted for filing. See Fed. R. App. P. 28.1(f) and 1st Cir. 31.0(a)(1). [25-1212, 25-1213] (AVN) [Entered: 08/27/2025 08:13 AM]
August 26, 2025	AMICUS CURIAE BRIEF filed by Amicus Curiae Seafood Harvesters of America in 25-1212, 25-1213 in support of Appellees. Served on 08/15/2025. 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 09/02/2025 . [25-1212, 25-1213] (AVN) [Entered: 08/26/2025 10:01 AM]
August 26, 2025	ORDER directing Appellees/Cross-Appellants Howard Lutnick, Emily Menashes, National Marine Fisheries Service, and Samuel D. Rauch, III in 25-1212, 25-1213 to file a conforming brief. Principal and Response Brief due 09/02/2025 . [25-1212, 25-1213] (AVN) [Entered: 08/26/2025 09:12 AM]
August 25, 2025	ASSENTED TO MOTION to extend time to file reply brief filed by Appellant/Cross-Appellee New England Fishermen's Stewardship Association in 25-1212, 25-1213. Served on 08/25/2025. [25-1212, 25-1213] (JMG) [Entered: 08/25/2025 09:54 AM]
August 15, 2025	ORDER entered: Upon consideration, the motion to withdraw Attorney John Edward Bies as counsel for Appellees/Cross-Appellants Howard Lutnick, Emily Menashes, National Marine Fisheries Service, and Samuel D. Rauch, III, is granted. Attorney Bies is hereby withdrawn as counsel of record, and Appellees/Cross-Appellants will continue to be represented by the remaining counsel of record. [25-1212, 25-1213] (AVN) [Entered: 08/15/2025 03:41 PM]
August 15, 2025	AMICUS CURIAE BRIEF tendered by Seafood Harvesters of America. [25-1212, 25-1213] (JTH) [Entered: 08/15/2025 12:55 PM]
August 15, 2025	MOTION for Attorney John Edward Bies to withdraw as counsel filed by Appellees/Cross-Appellants Howard Lutnick, Emily Menashes, National Marine Fisheries Service and Samuel D. Rauch, III in 25-1212, 25-1213. Served on 08/15/2025. [25-1212, 25-1213] (JEB) [Entered: 08/15/2025 11:38 AM]
August 15, 2025	BRIEF tendered by Appellees/Cross-Appellants Howard Lutnick, Emily Menashes, National Marine Fisheries Service and Samuel D. Rauch, III in 25-1212, 25-1213. [25-1212, 25-1213] (JEB) [Entered: 08/15/2025 11:36 AM]
August 14, 2025	ORDER directing Appellees/Cross-Appellants Howard Lutnick, Emily Menashes, National Marine Fisheries Service, and Samuel D. Rauch, III in 25-1212, 25-1213 to file a conforming brief. Principal and Response Brief due 08/21/2025 . [25-1212, 25-1213] (AVN) [Entered: 08/14/2025 09:57 AM]
August 14, 2025	NOTICE of appearance on behalf of Movant(s) Seafood Harvesters of America filed by Attorney J. Timothy Hobbs. Served on 08/14/2025. [25-1213] (JTH) [Entered: 08/14/2025 11:38 AM]
August 14, 2025	ORDER entered: On August 11, 2025, Seafood Harvesters of America filed a brief as amicus curiae. The brief is non-compliant because the caption on the front cover of the brief does not match the caption used by the court. See Fed. R. App. P. 29(a)(4) and 32(a)(2)(C). Additionally, Attorney J. Timothy Hobbs must file an appearance form required by 1st Cir. R. 12.0(a) and 46.0(a)(2). A corrected amicus brief and appearance form must be filed no later than August 21, 2025 . [25-1212, 25-1213] (AVN) [Entered: 08/14/2025 09:59 AM]
August 13, 2025	NOTICE of appearance on behalf of Appellees/Cross-Appellants Howard Lutnick, Emily Menashes, National Marine Fisheries Service and Samuel D. Rauch, III in 25-1212, 25-1213 filed by Attorney Daniel Halainen. Served on 08/13/2025. [25-1212, 25-1213] (DH) [Entered: 08/13/2025 01:37 PM]
August 11, 2025	DISCLOSURE statement filed by Amicus Curiae Seafood Harvesters of America in 25-1212, 25-1213. [25-1212, 25-1213] (AVN) [Entered: 08/11/2025 05:13 PM]
August 11, 2025	AMICUS CURIAE BRIEF tendered by Seafood Harvesters of America. [25-1212, 25-1213] (JTH) [Entered: 08/11/2025 05:00 PM]
August 4, 2025	BRIEF tendered by Appellees/Cross-Appellants Howard Lutnick, Emily Menashes, National Marine Fisheries Service and Samuel D. Rauch, III in 25-1212, 25-1213. [25-1212, 25-1213] (JEB) [Entered: 08/04/2025 06:38 PM]
July 9, 2025	ORDER entered: Upon consideration, the motion to withdraw Attorney Louis J. Capozzi III as counsel for Appellant/Cross-Appellee New England Fishermen's Stewardship Association is granted. Attorney Louis J. Capozzi III is hereby withdrawn as counsel of record, and Appellant/Cross-Appellee will continue to be represented by the remaining counsel of record. [25-1212, 25-1213] (AVN) [Entered: 07/09/2025 10:51 AM]
July 8, 2025	MOTION for Attorney Louis J. Capozzi III to withdraw as counsel filed by Appellant/Cross-Appellee New England Fishermen's Stewardship Association in 25-1212, 25-1213. Served on 07/08/2025. [25-1212, 25-1213] (LJC) [Entered: 07/08/2025 03:30 PM]
June 18, 2025	ORDER granting motion to extend time to file principal and response brief filed by Appellees/Cross-Appellants National Marine Fisheries Service, Howard Lutnick, Emily Menashes and Samuel D. Rauch, III. Principal and Response Brief due 08/04/2025 for appellees/cross-appellants Howard Lutnick, Emily Menashes, National Marine Fisheries Service and Samuel D. Rauch III. [25-1212, 25-1213] (AVN) [Entered: 06/18/2025 08:57 AM]
June 16, 2025	ASSENTED TO MOTION to extend time to file brief filed by Appellees/Cross-Appellants Howard Lutnick, Emily Menashes, National Marine Fisheries Service and Samuel D. Rauch, III in 25-1213, 25-1212. Served on 06/16/2025. [25-1213, 25-1212] (JEB) [Entered: 06/16/2025 02:15 PM]
June 11, 2025	FIVE (5) paper copies of appendix [ # 6726857-2 ] submitted by Appellant/Cross-Appellee New England Fishermen's Stewardship Association in 25-1212, 25-1213. [25-1212, 25-1213] (NP) [Entered: 06/16/2025 05:26 PM]
June 11, 2025	NINE (9) paper copies of principal brief [ # 6726849-2 ] submitted by Appellant/Cross-Appellee New England Fishermen's Stewardship Association in 25-1212, 25-1213. [25-1212, 25-1213] (NP) [Entered: 06/16/2025 05:25 PM]
June 6, 2025	DISCLOSURE statement filed by Appellant/Cross-Appellee New England Fishermen's Stewardship Association in 25-1212, 25-1213. Served on 06/04/2025. [25-1212, 25-1213] (NP) [Entered: 06/06/2025 04:33 PM]
June 6, 2025	APPENDIX filed by Appellant/Cross-Appellee New England Fishermen's Stewardship Association in 25-1212, 25-1213. Served on 06/04/2025. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 06/13/2025 [25-1212, 25-1213] (NP) [Entered: 06/06/2025 04:12 PM]
June 6, 2025	PRINCIPAL BRIEF filed by Appellant/Cross-Appellee New England Fishermen's Stewardship Association in 25-1212, 25-1213. Served on 06/04/2025. 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 06/13/2025 . Principal and response brief due 07/07/2025 for APPELLEE/CROSS-APPELLANTS' Howard Lutnick, Emily Menashes, National Marine Fisheries Service and Samuel D. Rauch III. [25-1212, 25-1213] (NP) [Entered: 06/06/2025 03:58 PM]
June 4, 2025	APPENDIX tendered by Appellant/Cross-Appellee New England Fishermen's Stewardship Association in 25-1212, 25-1213. Served on 06/04/2025. [25-1212, 25-1213] (JMG) [Entered: 06/04/2025 04:23 PM]
June 4, 2025	BRIEF tendered by Appellant/Cross-Appellee New England Fishermen's Stewardship Association in 25-1212, 25-1213. [25-1212, 25-1213] (JMG) [Entered: 06/04/2025 04:21 PM]
May 13, 2025	DISCLOSURE statement filed by Appellant/Cross-Appellee New England Fishermen's Stewardship Association in 25-1212, 25-1213. Served on 05/13/2025. [25-1212, 25-1213] (JMG) [Entered: 05/13/2025 03:27 PM]
May 9, 2025	NOTICE of appearance on behalf of Appellant/Cross-Appellee New England Fishermen's Stewardship Association in 25-1212, 25-1213 filed by Attorney Louis J. Capozzi III. Served on 05/09/2025. [25-1212, 25-1213] (LJC) [Entered: 05/09/2025 03:19 PM]
May 7, 2025	ORDER granting motion to extend time to file principal brief and appendix filed by Appellant/Cross-Appellee New England Fishermen's Stewardship Association. Principal Brief and Appendix due 06/04/2025 for appellant/cross-appellee New England Fishermen's Stewardship Association. [25-1212, 25-1213] (AVN) [Entered: 05/07/2025 08:34 AM]
May 6, 2025	ASSENTED TO MOTION to extend time to file brief and appendix filed by Appellant/Cross-Appellee New England Fishermen's Stewardship Association in 25-1212, 25-1213. Served on 05/06/2025. [25-1212, 25-1213] (JMG) [Entered: 05/06/2025 04:02 PM]
April 11, 2025	ORDER entered: Upon consideration of the motion to amend the case caption filed by Appellant/Cross-Appellee New England Fishermen's Stewardship Association, the motion is denied. See Fed. R. App. P. 12(a) (stating that "the circuit clerk must docket the appeal under the title of the district court action"). A party named as plaintiff in the district court, therefore remains a plaintiff, although not plaintiff-appellant, in this appeal. [25-1212, 25-1213] (AVN) [Entered: 04/11/2025 10:05 AM]
April 7, 2025	MOTION to amend caption filed by Appellant/Cross-Appellee New England Fishermen's Stewardship Association in 25-1212, 25-1213. Served on 04/07/2025. [25-1212, 25-1213] (JMG) [Entered: 04/07/2025 04:16 PM]
April 4, 2025	CROSS-APPEAL briefing schedule set pursuant to F.R.A.P. 28.1. Principal Brief and Appendix due 05/14/2025 for appellant/cross-appellee New England Fishermen's Stewardship Association. [25-1212, 25-1213] (AVN) [Entered: 04/04/2025 10:44 AM]
April 1, 2025	ORDER directing the parties to proceed under F.R.A.P 28.1. [25-1212, 25-1213] (AVN) [Entered: 04/01/2025 12:07 PM]
March 21, 2025	NOTICE allowing request for removal from service list. The following attorney has been removed from the service list for this case: Megan Sowards Newton for New England Fishermen's Stewardship Association in 25-1212, 25-1213. [25-1212, 25-1213] (AVN) [Entered: 03/21/2025 12:03 PM]
March 21, 2025	REQUEST for removal from the service list filed by Attorney Megan Sowards Newton for Appellee New England Fishermen's Stewardship Association in 25-1212 and Appellant New England Fishermen's Stewardship Association in 25-1213. [25-1212, 25-1213] (AVN) [Entered: 03/21/2025 12:02 PM]
March 20, 2025	NOTICE of appearance on behalf of Appellees Howard Lutnick, Emily Menashes, National Marine Fisheries Service and Samuel D. Rauch, III filed by Attorney John E. Bies. Served on 03/20/2025. [25-1213] (JEB) [Entered: 03/20/2025 03:49 PM]
March 13, 2025	NOTICE of filing the following transcript in district court by Court Reporter Lori Dostie Dunbar: 10/29/2024, Motion for Summary Judgment Hearing. In accordance with Judicial Conference Policy, the transcript will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. [25-1213] (AVN) [Entered: 03/13/2025 01:19 PM]
March 10, 2025	TRANSCRIPT ordered: 10/29/2024, Motion for Summary Judgment Hearing. Transcript due 05/09/2025 from Court Reporter Lori Dostie Dunbar [25-1213] (AVN) [Entered: 03/10/2025 09:09 AM]
March 10, 2025	DOCKETING statement filed by Appellant New England Fishermen's Stewardship Association. Served on 03/10/2025. [25-1213] (JT) [Entered: 03/10/2025 08:36 AM]
March 7, 2025	NOTICE of appearance on behalf of Appellant New England Fishermen's Stewardship Association in 25-1213, Appellee New England Fishermen's Stewardship Association in 25-1212 filed by Attorney John Henry Thompson. Served on 03/07/2025. [25-1213, 25-1212] (JT) [Entered: 03/07/2025 03:45 PM]
March 7, 2025	NOTICE of appearance on behalf of Appellant New England Fishermen's Stewardship Association in 25-1213, Appellee New England Fishermen's Stewardship Association in 25-1212 filed by Attorney John M. Gore. Served on 03/07/2025. [25-1213, 25-1212] (JMG) [Entered: 03/07/2025 03:36 PM]
March 7, 2025	TRANSCRIPT report/order form filed by Appellant New England Fishermen's Stewardship Association indicating transcripts are being ordered. Served on 03/07/2025. [25-1213] (JT) [Entered: 03/07/2025 03:54 PM]
March 7, 2025	CIVIL CASE docketed. Notice of appeal (doc. #66) filed by Appellant New England Fishermen's Stewardship Association. Appearance form, Docketing Statement, and Transcript Report/Order form due 03/21/2025 . [25-1213] (AVN) [Entered: 03/07/2025 01:30 PM]

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Search for this case: New England Fishermen's Stewardship Association v. Lutnick, et al
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Plaintiff: NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION
Represented By:	John Henry Thompson
Represented By:	Megan Sowards Newton
Represented By:	John M. Gore
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Plaintiff: JERRY LEEMAN
Represented By:	John Henry Thompson
Represented By:	Megan Sowards Newton
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Defendant: HOWARD LUTNICK, in the official capacity as Secretary of Commerce
Represented By:	Frederick Harter Turner
Represented By:	John G. Osborn
Represented By:	Daniel Halainen
Represented By:	Lindsay Feinberg
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Defendant: EMILY MENASHES, in the official capacity as Acting Assistant Administrator for Fisheries at NMFS
Represented By:	Frederick Harter Turner
Represented By:	John G. Osborn
Represented By:	Daniel Halainen
Represented By:	Lindsay Feinberg
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Defendant: NATIONAL MARINE FISHERIES SERVICE
Represented By:	Frederick Harter Turner
Represented By:	John G. Osborn
Represented By:	Daniel Halainen
Represented By:	Lindsay Feinberg
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Defendant: SAMUEL D. RAUCH, III, in the official capacity as Deputy Assistant Administrator for Regulatory Programs at NMFS
Represented By:	Frederick Harter Turner
Represented By:	John G. Osborn
Represented By:	Daniel Halainen
Represented By:	Lindsay Feinberg
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Amicus curiae: SEAFOOD HARVESTERS OF AMERICA
Represented By:	J. Timothy Hobbs Jr.
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