Libby, et al v. Fecteau, et al
| LAUREL D. LIBBY, RONALD P. LEBEL, WENDY MUNSELL, JASON LEVESQUE, BERNICE FRASER, RENE FRASER and DONALD DUBUC |
| RYAN M. FECTEAU, in the official capacity as Speaker of the Maine House of Representatives and ROBERT B. HUNT, in the official capacity as Clerk of the House |
| FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION and UNITED STATES |
| 25-1385 |
| April 18, 2025 |
| U.S. Court of Appeals, First Circuit |
| Other Civil Rights |
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| Document Text |
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| MANDATE issued. [25-1385] (GB) [Entered: 08/13/2025 03:38 AM] |
| JUDGMENT entered by Lara E. Montecalvo and Seth Robert Aframe, Appellate Judges, and Camille L. V lez-Riv ,* District Judge. Remanded. *Of the District of Puerto Rico, sitting by designation. [25-1385] (AVN) [Entered: 07/22/2025 02:14 PM] |
| LETTER regarding Appellees' June 26 letter and the Court's July 2 order filed by Attorney Patrick N. Strawbridge for Appellants Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque, Laurel D. Libby and Wendy Munsell. Served on 07/07/2025. [25-1385] (PNS) [Entered: 07/07/2025 02:08 PM] |
ORDER entered by Lara E. Montecalvo, Appellate Judge: Appellants are directed to file a response to Appellees' June 26, 2025, letter. The response shall be no longer than five pages and filed on or before July 14, 2025 . [25-1385] (AVN) [Entered: 07/02/2025 01:55 PM]
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| LETTER regarding recent actions of Maine House of Representatives filed by Attorney Kimberly Leehaug Patwardhan for Appellees Ryan M. Fecteau and Robert B. Hunt. Served on 06/26/2025. [25-1385] (KLP) [Entered: 06/26/2025 08:55 AM] |
| CASE argued. Panel: Lara E. Montecalvo, Appellate Judge; Seth Robert Aframe, Appellate Judge and Camille L. Velez-Rive. Arguing attorneys: Harmeet K. Dhillon for US, Marc John Randazza for Foundation for Individual Rights and Expression and Jonathan Richard Bolton for Ryan M. Fecteau and Robert B. Hunt. [25-1385] (DJT) [Entered: 06/05/2025 12:35 PM] |
| NINE (9) paper copies of reply brief [ # 6724954-2 ] submitted by Appellants Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque, Laurel D. Libby and Wendy Munsell. [25-1385] (ELM) [Entered: 06/03/2025 01:02 PM] |
| NOTICE of appearance on behalf of Movant(s) United States of America filed by Attorney Harmeet K. Dhillon. Served on 05/30/2025. [25-1385] (HKD) [Entered: 05/30/2025 11:52 AM] |
| REPLY BRIEF filed by Appellants Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque, Laurel D. Libby and Wendy Munsell. Served on 05/30/2025. 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 06/04/2025 . [25-1385] (YCC) [Entered: 05/30/2025 12:36 PM] |
| BRIEF tendered by Appellants Laurel D. Libby, Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque and Wendy Munsell. [25-1385] (PNS) [Entered: 05/30/2025 12:06 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Harmeet K. Dhillon for Amicus Curiae US. Served on 05/30/2025. [25-1385] (HKD) [Entered: 05/30/2025 11:55 AM] |
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ORDER entered by Lara E. Montecalvo, Appellate Judge: The motion for leave to appear at oral argument by Amicus Curiae United States is granted. Assistant Attorney General Harmeet K. Dhillon is directed to file a notice of appearance and designation of attorney presenting oral argument form no later than Friday, May 30, 2025. [25-1385] (DJT) [Entered: 05/29/2025 08:32 AM]
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| NINE (9) paper copies of appellees' brief [ # 6723570-2 ] submitted by Appellees Ryan M. Fecteau and Robert B. Hunt. [25-1385] (ELM) [Entered: 05/29/2025 12:16 PM] |
| ASSENTED TO MOTION for leave to appear at oral argument filed by Amicus Curiae US. Served on 05/28/2025. [25-1385] (MJD) [Entered: 05/28/2025 01:17 PM] |
| APPELLEES' BRIEF filed by Appellees Ryan M. Fecteau and Robert B. Hunt. 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 05/29/2025 . [25-1385] (DK) [Entered: 05/23/2025 05:35 PM] |
| BRIEF tendered by Appellees Ryan M. Fecteau and Robert B. Hunt. [25-1385] (KLP) [Entered: 05/23/2025 05:20 PM] |
| NINE (9) paper copies of amicus curiae brief [ # 6721966-2 ] submitted by Amicus Curiae Foundation for Individual Rights and Expression. [25-1385] (ELM) [Entered: 05/22/2025 10:15 AM] |
| NINE (9) paper copies of amicus curiae brief [ # 6721969-2 ] submitted by Amicus Curiae US. [25-1385] (ELM) [Entered: 05/21/2025 01:18 PM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae US in support of Appellants. Served on 05/16/2025. 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 05/23/2025 . [25-1385] (AVN) [Entered: 05/19/2025 01:37 PM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae Foundation for Individual Rights and Expression in support of Appellants. Served on 05/16/2025. 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 05/23/2025 . [25-1385] (AVN) [Entered: 05/19/2025 01:36 PM] |
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ORDER entered by Lara E. Montecalvo, Appellate Judge: Upon consideration of Movant Foundation for Individual Rights and Expression's motion for leave to file an amicus curiae brief in support of Appellants, the motion is granted. The tendered amicus curiae brief is accepted for filing on this date. [25-1385] (AL) [Entered: 05/19/2025 11:16 AM]
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| MOTION for leave to file amicus curiae brief in support of Appellant filed by Movant(s) The Foundation for Individual Rights and Expression. Served on 05/16/2025. [25-1385] (MJR) [Entered: 05/16/2025 01:46 PM] |
| NOTICE of appearance on behalf of Movant(s) The Foundation for Individual Rights and Expression filed by Attorney Marc J. Randazza. Served on 05/16/2025. [25-1385] (MJR) [Entered: 05/16/2025 06:51 PM] |
| AMICUS CURIAE BRIEF tendered by United States of America. [25-1385] (MJD) [Entered: 05/16/2025 06:17 PM] |
| NOTICE of appearance on behalf of Movant(s) United States of America filed by Attorney Matthew J. Donnelly. Served on 05/16/2025. [25-1385] (MJD) [Entered: 05/16/2025 06:00 PM] |
| DISCLOSURE statement filed by Movant Foundation for Individual Rights and Expression. Served on 05/16/2025. [25-1385] (AL) [Entered: 05/16/2025 03:29 PM] |
| FIVE (5) paper copies of joint appendix [ # 6720049-2 ] submitted by Appellants Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque, Laurel D. Libby and Wendy Munsell. [25-1385] (ELM) [Entered: 05/15/2025 02:52 PM] |
| NINE (9) paper copies of appellants' brief [ # 6720048-2 ] submitted by Appellants Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque, Laurel D. Libby and Wendy Munsell. [25-1385] (ELM) [Entered: 05/15/2025 02:49 PM] |
| JOINT APPENDIX filed by Appellants Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque, Laurel D. Libby, and Wendy Munsell. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 05/15/2025. [25-1385] (DK) [Entered: 05/09/2025 05:41 PM] |
| APPELLANTS' BRIEF filed by Appellants Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque, Laurel D. Libby, and Wendy Munsell. 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 05/15/2025 . [25-1385] (DK) [Entered: 05/09/2025 05:38 PM] |
| APPENDIX tendered by Appellants Laurel D. Libby, Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque and Wendy Munsell. Served on 05/09/2025. [25-1385] (PNS) [Entered: 05/09/2025 05:13 PM] |
| BRIEF tendered by Appellants Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque, Laurel D. Libby and Wendy Munsell. [25-1385] CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action required. (PNS) [Entered: 05/09/2025 05:11 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Taylor A.R. Meehan for Appellants Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque, Laurel D. Libby and Wendy Munsell. Served on 05/09/2025. [25-1385] (TAM) [Entered: 05/09/2025 03:13 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Jonathan Richard Bolton for Appellees Ryan M. Fecteau and Robert B. Hunt. Served on 05/07/2025. [25-1385] (JRB) [Entered: 05/07/2025 12:05 PM] |
| CASE calendared: This case is presently scheduled to be called for oral argument on Thursday, June 5, 2025, at 9:30 a.m. in Boston, MA in the En Banc Courtroom at the Moakley Courthouse, 7th Floor. There will be no continuance except for grave cause. Designation form due 05/9/2025. [25-1385] (DJT) [Entered: 05/05/2025 08:21 AM] |
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ORDER entered by Lara E. Montecalvo, Appellate Judge, This matter is before the court on plaintiffs-appellants' "Motion to Expedite Appeal." The motion is resolved as follows. Briefing in this matter will proceed on the following schedule: plaintiffs-appellants' opening brief should be filed by May 9, 2025; defendants-appellees' response brief should be filed by May 23, 2025; any reply brief should be filed by May 30, 2025. If ultimately deemed appropriate, the court will schedule oral argument in this matter as soon as practicable following the completion of briefing. [25-1385] (AVN) [Entered: 05/01/2025 10:20 AM]
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| ASSENTED TO MOTION to expedite appeal filed by Appellants Laurel D. Libby, Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque and Wendy Munsell. Served on 04/29/2025. [25-1385] (PNS) [Entered: 04/29/2025 02:19 PM] |
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ORDER entered by Gustavo A. Gelp , Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Lara E. Montecalvo, Appellate Judge: Appellants have filed an "Emergency Motion for Injunction Pending Appeal." "To be entitled to an injunction pending appeal, the appellants must make a strong showing that they are likely to succeed on the merits, that they will be irreparably injured absent emergency relief, that the balance of the equities favors them, and that an injunction is in the public interest." Together Emps. v. Mass Gen. Brigham Inc., 19 F.4th 1, 7 (1st Cir. 2021). "The first two factors are the most important." Id. After careful consideration of the injunction papers filed in this court and relevant portions of the record, we conclude that appellants have failed to demonstrate a sufficient likelihood of success and, more generally, have failed to demonstrate that injunctive relief pending appeal is in order. See generally Cushing v. Packard, 30 F.4th 27 (1st Cir. 2022) (en banc); National Association of Social Workers v. Harwood, 69 F.3d 622 (1st Cir. 1995). Accordingly, the motion is DENIED. Any party intending to seek expedited briefing of the merits of the appeal should file an appropriate motion as soon as practicable. [25-1385] (AL) [Entered: 04/25/2025 07:11 PM]
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| REPLY filed by Appellants Laurel D. Libby, Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque and Wendy Munsell to response [ # 6716022-2 ]. Served on 04/24/2025. [25-1385] (PNS) [Entered: 04/24/2025 01:33 PM] |
| RESPONSE filed by Appellees Ryan M. Fecteau and Robert B. Hunt to motion for injunction pending appeal [ # 6715174-2 ]. Served on 04/23/2025. [25-1385] (KLP) [Entered: 04/23/2025 06:44 PM] |
| SUPPLEMENTAL record filed. Docket entry: 47 - Order denying emergency motion for injuction pending appeal. [25-1385] (AVN) [Entered: 04/22/2025 11:07 AM] |
| DISCLOSURE statement filed by Appellants Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque, Laurel D. Libby and Wendy Munsell. [25-1385] (AVN) [Entered: 04/22/2025 10:15 AM] |
| EMERGENCY MOTION for injunction pending appeal filed by Appellants Laurel D. Libby, Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque and Wendy Munsell. Served on 04/21/2025. [25-1385] (PNS) [Entered: 04/21/2025 07:45 PM] |
| EMERGENCY MOTION to expedite Emergency Motion for Injunction Pending Appeal filed by Appellants Laurel D. Libby, Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque and Wendy Munsell. Served on 04/21/2025. [25-1385] (PNS) [Entered: 04/21/2025 06:35 PM] |
| SUPPLEMENTAL record filed. Docket entries: #44 Motion for Injunction Pending Appeal, and #45 - Amended Memorandum and Order Denying DE# 8. [25-1385] CLERK'S NOTE: Docket entry was edited to modify the docket text. (DO) [Entered: 04/21/2025 03:23 PM] |
| NOTICE of appearance on behalf of Appellants Laurel D. Libby, Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque and Wendy Munsell filed by Attorney Daniel M. Vitagliano. Served on 04/18/2025. [25-1385] (DMV) [Entered: 04/18/2025 05:09 PM] |
| NOTICE of appearance on behalf of Appellants Laurel D. Libby, Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque and Wendy Munsell filed by Attorney Patrick N. Strawbridge. Served on 04/18/2025. [25-1385] (PNS) [Entered: 04/18/2025 05:04 PM] |
| NOTICE of appearance on behalf of Appellants Laurel D. Libby, Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque and Wendy Munsell filed by Attorney Taylor A.R. Meehan. Served on 04/18/2025. [25-1385] (TAM) [Entered: 04/18/2025 05:07 PM] |
| NOTICE of appearance on behalf of Appellees Ryan M. Fecteau and Robert B. Hunt filed by Attorney Kimberly Leehaug Patwardhan. Served on 04/18/2025. [25-1385] (KLP) [Entered: 04/18/2025 05:01 PM] |
| NOTICE of appearance on behalf of Appellants Laurel D. Libby, Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque and Wendy Munsell filed by Attorney Marie E. Sayer. Served on 04/18/2025. [25-1385] (MES) [Entered: 04/18/2025 05:12 PM] |
| NOTICE of appearance on behalf of Appellees Ryan M. Fecteau and Robert B. Hunt filed by Attorney Jonathan R. Bolton. Served on 04/18/2025. [25-1385] (JRB) [Entered: 04/18/2025 05:12 PM] |
| DOCKETING statement filed by Appellants Laurel D. Libby, Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque and Wendy Munsell. Served on 04/18/2025. [25-1385] (PNS) [Entered: 04/18/2025 09:13 PM] |
| TRANSCRIPT report/order form filed by Appellants Laurel D. Libby, Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque and Wendy Munsell indicating all necessary transcripts have already been filed in district court. Served on 04/18/2025. [25-1385] (PNS) [Entered: 04/18/2025 09:17 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #40) filed by Appellants Donald Dubuc, Bernice Fraser, Rene Fraser, Ronald P. Lebel, Jason Levesque, Laurel D. Libby and Wendy Munsell. Appearance form, Docketing Statement, and Transcript Report/Order form due 05/02/2025 . [25-1385] (AVN) [Entered: 04/18/2025 04:19 PM] |
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