Outer Cape Lobstermen's Association v. Atlantic States Marine Fisheries Commission, et al
| OUTER CAPE LOBSTERMEN'S ASSOCIATION, BRIAN GIBBONS and STEVEN SMITH |
| ATLANTIC STATES MARINE FISHERIES COMMISSION and DANIEL J. MCKIERNAN, Director of the Massachusetts Division of Marine Fisheries |
| 26-1238 |
| March 12, 2026 |
| U.S. Court of Appeals, First Circuit |
| Other Statutory Actions |
Docket Report
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ORDER entered by Julie Rikelman, Appellate Judge: Appellant Outer Cape Lobsterman's Association's motion for leave to file a consolidated reply brief containing up to 10,000 words is granted. Appellant's motion to extend the reply brief deadline to September 25, 2026, is denied as moot, as Appellant's reply brief is already due on or before September 25, 2026. [26-1238] (AVN) [Entered: 09/11/2026 08:59 AM]
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| APPELLEE'S BRIEF filed by Appellee Daniel J. McKiernan. Served on 08/20/2026. 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 09/10/2026 . Reply brief due 09/25/2026 for APPELLANT Outer Cape Lobstermen's Association. [26-1238] (AVN) [Entered: 09/03/2026 10:21 AM] |
| APPELLEE'S BRIEF filed by Appellee Atlantic States Marine Fisheries Commission. Served on 08/202026. 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 09/10/2026 . [26-1238]. CLERK'S NOTE: Docket entry was edited to replace an attachment. (AVN) [Entered: 09/03/2026 10:13 AM] |
| SUPPLEMENTAL APPENDIX filed by Appellees Atlantic States Marine Fisheries Commission and Daniel J. McKiernan. Served on 08/19/2026. Five paper copies of the electronically filed supplemental appendix must be submitted so that they are received by the court on or before 09/10/2026. [26-1238] (AVN) [Entered: 09/03/2026 10:11 AM] |
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ORDER entered: Appellees' motion for leave to file a supplemental appendix is allowed. Appellees' supplemental appendix is accepted for filing on this date. [26-1238] (AVN) [Entered: 09/03/2026 10:09 AM]
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| ASSENTED TO MOTION for leave to file joint or consolidated brief and to extend time to file reply brief filed by Appellant Outer Cape Lobstermen's Association. Served on 09/01/2026. [26-1238] CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (SPB) [Entered: 09/01/2026 02:51 PM] |
| BRIEF tendered by Appellee Atlantic States Marine Fisheries Commission. [26-1238] (SHD) [Entered: 08/20/2026 01:27 PM] |
| BRIEF tendered by Appellee Daniel J. McKiernan. [26-1238] (AM) [Entered: 08/20/2026 10:49 PM] |
| MOTION for leave to file supplemental appendix filed by Appellees Atlantic States Marine Fisheries Commission and Daniel J. McKiernan. Served on 08/19/2026. [26-1238] (AM) [Entered: 08/19/2026 10:21 PM] |
| APPENDIX tendered by Appellees Atlantic States Marine Fisheries Commission and Daniel J. McKiernan. Served on 08/19/2026. [26-1238] (AM) [Entered: 08/19/2026 10:28 PM] |
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ORDER granting motion to extend time to file brief filed by Appellees Atlantic States Marine Fisheries Commission and Daniel J. McKiernan. Brief due 08/20/2026 for appellees Atlantic States Marine Fisheries Commission and Daniel J. McKiernan. [26-1238] (JMK) [Entered: 08/13/2026 09:29 AM]
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| ASSENTED TO MOTION to extend time to file brief filed by Appellees Daniel J. McKiernan and Atlantic States Marine Fisheries Commission. Served on 08/12/2026. [26-1238] (AM) [Entered: 08/12/2026 09:10 PM] |
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ORDER granting motion to extend time to file brief filed by Appellees Atlantic States Marine Fisheries Commission and Daniel J. McKiernan. Brief due 08/13/2026 for appellees Atlantic States Marine Fisheries Commission and Daniel J. McKiernan. [26-1238] (AVN) [Entered: 06/18/2026 03:39 PM]
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| ASSENTED TO MOTION to extend time to file brief filed by Appellees Daniel J. McKiernan and Atlantic States Marine Fisheries Commission. Served on 06/17/2026. [26-1238] (AM) [Entered: 06/17/2026 09:26 AM] |
| NOTICE of appearance on behalf of Appellant Outer Cape Lobstermen's Association filed by Attorney Vince C. Reuter. Served on 06/15/2026. [26-1238] (VCR) [Entered: 06/15/2026 10:37 AM] |
| FIVE (5) paper copies of appendix [ # 6816941-2 ] submitted by Appellant Outer Cape Lobstermen's Association. [26-1238] (SRS) [Entered: 06/16/2026 11:15 AM] |
| NINE (9) paper copies of appellant's brief [ # 6816935-2 ] submitted by Appellant Outer Cape Lobstermen's Association. [26-1238] (LEC) [Entered: 06/16/2026 10:21 AM] |
| APPELLANT'S BRIEF filed by Appellant Outer Cape Lobstermen's Association. Served on 06/08/2026. 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 06/16/2026 . Brief due 07/08/2026 for APPELLEES Atlantic States Marine Fisheries Commission and Daniel J. McKiernan. [26-1238] (NP) [Entered: 06/09/2026 04:38 PM] |
| DISCLOSURE statement filed by Appellant Outer Cape Lobstermen's Association. Served on 06/08/2026. [26-1238] (JMK) [Entered: 09/04/2026 04:17 PM] |
| APPENDIX filed by Appellant Outer Cape Lobstermen's Association. Served on 06/08/2026. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 06/16/2026. [26-1238] (NP) [Entered: 06/09/2026 04:43 PM] |
| APPENDIX tendered by Appellant Outer Cape Lobstermen's Association. Served on 06/08/2026. [26-1238] (RTD) [Entered: 06/08/2026 08:11 PM] |
| BRIEF tendered by Appellant Outer Cape Lobstermen's Association. [26-1238] (RTD) [Entered: 06/08/2026 08:06 PM] |
| Mail returned as undeliverable to Attorney Paul A. Lenzini for Appellee Atlantic States Marine Fisheries Commission. Copy of Case Opening Notice issued March 12, 2026. [26-1238] (NKR) [Entered: 06/05/2026 04:48 PM] |
| Mail returned as undeliverable to Attorney Paul A. Lenzini for Appellee Atlantic States Marine Fisheries Commission. Copy of Notice issued April 13, 2026. [26-1238] (NKR) [Entered: 05/22/2026 11:48 AM] |
| Mail returned as undeliverable to Attorney Paul A. Lenzini for Appellee Atlantic States Marine Fisheries Commission. Copy of Transcript Order Form issued April 3, 2026. [26-1238] (NKR) [Entered: 05/18/2026 09:31 AM] |
| Mail returned as undeliverable to Attorney Paul A. Lenzini for Appellee Atlantic States Marine Fisheries Commission. Copy of Notice issued March 27, 2026. [26-1238] (NKR) [Entered: 04/30/2026 04:01 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: William C. Henchy for Outer Cape Lobstermen's Association and Steven Smith and Brian Gibbons, Paul A. Lenzini for Atlantic States Marine Fisheries Commission and William C. Henchy for Steven Smith and Brian Gibbons. [26-1238] (AVN) [Entered: 04/13/2026 08:37 AM] |
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ORDER granting motion to extend time to file brief and appendix filed by Appellant Outer Cape Lobstermen's Association. Brief and Appendix due 06/08/2026 for appellant Outer Cape Lobstermen's Association. [26-1238] (AVN) [Entered: 04/10/2026 02:05 PM]
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| ASSENTED TO MOTION to extend time to file brief and appendix filed by Appellant Outer Cape Lobstermen's Association. Served on 04/10/2026. [26-1238] (RTD) [Entered: 04/10/2026 12:48 PM] |
| NOTICE of filing the following transcripts in district court by Court Reporter Richard Henry Romanow: 06/23/2025, Status Conference; 06/24/2025, Motion Hearing. In accordance with Judicial Conference Policy, the transcripts will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcripts may be purchased through the court reporter or viewed at the public terminal at the district court. [26-1238] (AVN) [Entered: 04/08/2026 11:31 AM] |
| BRIEFING schedule set. Brief and Appendix due 05/18/2026 for appellant Outer Cape Lobstermen's Association. Pursuant to F.R.A.P. 31(a), appellees' brief(s) will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellees' brief(s). [26-1238] (AVN) [Entered: 04/08/2026 11:32 AM] |
| TRANSCRIPT report/order form filed by Appellant Outer Cape Lobstermen's Association indicating the following transcripts are being ordered: 06/23/2025, Status Conference; 06/24/2025, Motion Hearing. Transcript(s) due 06/02/2026 from Court Reporter Richard Henry Romanow. [26-1238] (DO) [Entered: 04/03/2026 10:03 AM] |
| TRANSCRIPT report/order form filed by Appellant Outer Cape Lobstermen's Association indicating transcripts are being ordered. Served on 04/01/2026. [26-1238] (SPB) [Entered: 04/01/2026 11:08 AM] |
| NOTICE issued. After 04/10/2026 , the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: William C. Henchy for Outer Cape Lobstermen's Association and Steven Smith and Brian Gibbons and Paul A. Lenzini for Atlantic States Marine Fisheries Commission. [26-1238] (AVN) [Entered: 03/27/2026 09:03 AM] |
| NOTICE of appearance on behalf of Appellee Atlantic States Marine Fisheries Commission filed by Attorney Megan M. Herzog. Served on 03/26/2026. [26-1238] (MMH) [Entered: 03/26/2026 08:00 PM] |
| NOTICE of appearance on behalf of Appellant Outer Cape Lobstermen's Association filed by Attorney Robert T. Dube. Served on 03/26/2026. [26-1238] (RTD) [Entered: 03/26/2026 06:52 PM] |
| NOTICE of appearance on behalf of Appellant Outer Cape Lobstermen's Association filed by Attorney Samuel P. Blatchley. Served on 03/26/2026. [26-1238] (SPB) [Entered: 03/26/2026 06:50 PM] |
| DOCKETING statement filed by Appellant Outer Cape Lobstermen's Association. Served on 03/26/2026. [26-1238] (SPB) [Entered: 03/26/2026 06:49 PM] |
| NOTICE of appearance on behalf of Appellee Atlantic States Marine Fisheries Commission filed by Attorney Sean H. Donahue. Served on 03/20/2026. [26-1238] (SHD) [Entered: 03/20/2026 03:45 PM] |
| NOTICE of appearance on behalf of Appellee Daniel J. McKiernan filed by Attorney Aaron Macris. Served on 03/13/2026. [26-1238] (AM) [Entered: 03/13/2026 11:48 AM] |
| Public docket note: Pursuant to Fed. R. App. 43(c)(2), Philip Coates has been substituted by Daniel J. McKiernan as Director of the Massachusetts Division of Marine Fisheries. [26-1238] (AVN) [Entered: 03/12/2026 03:21 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #81) filed by Appellant Outer Cape Lobstermen's Association. Appearance form, Docketing Statement, and Transcript Report/Order form due 03/26/2026 . [26-1238] (AVN) [Entered: 03/12/2026 03:15 PM] |
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