Kim v. Mass. College of Pharmacy and Health Sciences, et al
| JAEHYUN KIM |
| MASSACHUSETTS COLLEGE OF PHARMACY AND ALLIED HEALTH SCIENCES |
| 26-1536 |
| May 8, 2026 |
| U.S. Court of Appeals, First Circuit |
| Other Civil Rights |
Docket Report
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| MOTION For Referral to Settlement Counsel under Local Rule 33.0(f). filed by Appellant Jaehyun Kim in 26-1514, 26-1536, 26-1671, 26-1675. Served on 07/01/2026. [26-1514, 26-1536, 26-1671, 26-1675] (JK) [Entered: 07/01/2026 05:43 PM] |
ORDER entered by Julie Rikelman, Appellate Judge: The four above captioned appeals all stem from the same district court action. Appeal Nos. 26-1514 and 26-1536 were consolidated previously, and plaintiff-appellant already has filed his opening brief in those appeals. Defendants-appellees have filed a "Motion to Consolidate Related Appeals" and a "Joint Motion for Extension of Time" in Appeal Nos. 26-1514 and 26-1536 (they also have tendered a response brief in those appeals, which is addressed below). The motions are resolved as follows. Previously consolidated Appeal Nos. 26-1514 and 26-1536 are hereby consolidated with Appeal Nos. 26-1671 and 26-1675 for purposes of briefing. Within 14 days of entry of this order, plaintiff-appellant may file an amended opening brief that addresses all four appeals; alternatively, plaintiff-appellant may file a supplemental brief addressing Appeal Nos. 26-1671 and 26-1675, to be considered alongside the brief he previously filed in Appeal Nos. 26-1514 and 26-1536. The total word count for any amended opening brief should not exceed 17,000 words; in the event plaintiff-appellant opts to file a supplemental brief, the total combined word count of the opening brief and supplemental brief should not exceed 17,000 words. All further filings in these matters, including plaintiff-appellant's amended or supplemental brief, should include all four appeal numbers in the caption. The response brief previously tendered by defendants-appellees in Appeal Nos. 26-1514 and 26-1536 will not be accepted for filing. Rather, a new response brief will be due within 30 days of service of plaintiff-appellant's amended opening brief or supplemental brief. The response brief also should be limited to 17,000 words. Any reply brief will be due within 21 days of service of the response brief and, for purposes of length, should comply with Federal Rule of Appellate Procedure 32(a)(7). [26-1514, 26-1536, 26-1671, 26-1675] (AVN) [Entered: 06/25/2026 11:03 AM]
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| BRIEF tendered by Appellee Massachusetts College of Pharmacy and Allied Health Sciences in 26-1514, 26-1536. [26-1514, 26-1536] (BCA) [Entered: 06/23/2026 05:54 PM] |
| JOINT MOTION to extend time to file brief and/or to stay briefing schedule filed by Appellee Massachusetts College of Pharmacy and Allied Health Sciences in 26-1514, 26-1536. Served on 06/22/2026. [26-1514, 26-1536] CLERK'S NOTE: Relief selection was incomplete. Correction made by clerk's office. No further action required. (BCA) [Entered: 06/22/2026 02:37 PM] |
| MOTION to consolidate cases filed by Appellee Massachusetts College of Pharmacy and Allied Health Sciences in 26-1514, 26-1536, 26-1671, 26-1675. Served on 06/18/2026. [26-1514, 26-1536, 26-1671, 26-1675] CLERK'S NOTE: Document should have been filed in additional cases 26-1671 and 26-1675. Correction made by clerk's office. No further action required. (BCA) [Entered: 06/18/2026 02:59 PM] |
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ORDER entered: Appellant's motion to accept late paper copies of the opening brief is granted. The paper copies have been accepted as filed on June 4, 2026. [26-1514, 26-1536] (AVN) [Entered: 06/10/2026 10:46 AM]
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| NINE (9) paper copies of appellant's brief [ # 6812838-2 ] submitted by Appellant Jaehyun Kim. [26-1514, 26-1536] (DK) [Entered: 06/08/2026 10:56 AM] |
| MOTION to accept late paper copies of brief filed by Appellant Jaehyun Kim in 26-1536, 26-1514. Served on 06/03/2026. [26-1536, 26-1514] (JK) [Entered: 06/03/2026 06:31 PM] |
| STATUS report filed by Appellant Jaehyun Kim in 26-1536, 26-1514. Served on 06/03/2026. [26-1536, 26-1514] (JK) [Entered: 06/03/2026 03:42 PM] |
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ORDER entered: Upon consideration of Appellant's motion, Appellant shall file a status report on or before July 2, 2026 . The briefing schedule remains in effect. [26-1514, 26-1536] (AVN) [Entered: 06/02/2026 11:24 AM]
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ORDER entered: In light of this Court's May 21, 2026, order, Appellant Jaehyun Kim's Motion for Limited Stay of Briefing Schedule Pending Resolution of Rule 10(e) Record-Correction Proceedings, or in the Alternative for Extension of Time is denied as moot. [26-1514, 26-1536] (AVN) [Entered: 06/02/2026 11:20 AM]
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| NOTICE OF PENDING RULE 60(b) MOTION AND RULE 62.1 REQUEST IN DISTRICT COURT filed by Appellant Jaehyun Kim in 26-1536, 26-1514. Served on 05/29/2026. [26-1536, 26-1514] (JK) [Entered: 05/29/2026 05:28 PM] |
| APPELLANT'S BRIEF filed by Appellant Jaehyun Kim in 26-1514, 26-1536. Served on 05/24/2026. 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 06/03/2026 . Brief due 06/23/2026 for APPELLEE Massachusetts College of Pharmacy and Allied Health Sciences. [26-1514, 26-1536] (NP) [Entered: 05/27/2026 01:58 PM] |
| BRIEF tendered by Appellant Jaehyun Kim in 26-1536, 26-1514. [26-1536, 26-1514] (JK) [Entered: 05/24/2026 07:24 PM] |
| BRIEFING schedule set. Brief due 06/30/2026 for appellant Jaehyun Kim. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [26-1514, 26-1536] (AVN) [Entered: 05/21/2026 04:35 PM] |
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ORDER entered by Gustavo A. Gelp , Jr., Appellate Judge; Lara E. Montecalvo, Appellate Judge; and Joshua D. Dunlap, Appellate Judge: In these pending civil appeals, plaintiff-appellant Jaehyun Kim ("plaintiff-appellant") has filed two motions, entitled "Emergency Petition for Writ of Mandamus and/or Prohibition" and "Emergency Motion for Temporary Administrative Stay and Interim Remote Access Restriction." In the motions, he seeks a writ of mandamus compelling the district court to order that certain redactions be made to district court docket items and/or that access to certain district court docket items be restricted. Plaintiff-appellant further seeks an order directing the district court to "apply privacy rules evenhandedly" and to allow "limited record-correction" per Federal Rule of Appellate Procedure 10(e). He additionally seeks recusal of the presiding district court judge and reassignment to another judge and a "temporary administrative stay and interim remote-access restriction pending disposition of his petition for writ of mandamus." After careful consideration of the record and of plaintiff-appellant's filings, we conclude that plaintiff-appellant has not demonstrated entitlement to the extraordinary remedy of mandamus relief or to any other form of relief. See Da Graca v. Souza , 991 F.3d 60, 63-65 (1st Cir. 2021) (setting out general mandamus principles); In re JPMorgan Chase Bank, N.A. , 799 F.3d 36, 38 (1st Cir. 2015) (explaining that "writ of mandamus[] may not be used as a substitute for an appeal and will not lie if an appeal is an available remedy") (internal quotation marks omitted). The motions are, accordingly, DENIED. This denial is without prejudice to the following. Plaintiff-appellant may seek to redact documents on the district court docket by filing an appropriate motion in the district court and setting forth, clearly and simply, the document number, page number, and/or line number (if applicable) of the material he believes should be redacted. The district court will address any such requests in the first instance. Further, to the extent plaintiff-appellant claims that "record-correction" is in order, plaintiff-appellant may address relevant issues in briefing by clearly identifying any portion(s) of the record he believes is incorrect, explaining why that portion(s) of the record might be incorrect, and offering arguments based on the proposed corrections. The ultimate merits panel will address any such arguments and, if necessary, will determine whether any correction of the record might be in order. [26-1514, 26-1536] (AVN) [Entered: 05/21/2026 04:27 PM]
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ORDER consolidating cases for purposes of briefing and oral argument. The following case(s) are consolidated: 26-1536 (Consolidated started 05/21/2026) with 26-1514. [26-1514, 26-1536] (AVN) [Entered: 05/21/2026 04:19 PM]
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| MOTION to stay EMERGENCY MOTION FOR TEMPORARY ADMINISTRATIVE STAY AND INTERIM REMOTE-ACCESS RESTRICTION filed by Appellant Jaehyun Kim in 26-1514, 26-1536. Served on 05/12/2026. [26-1514, 26-1536] (JK) [Entered: 05/12/2026 11:54 PM] |
| PETITION EMERGENCY PETITION FOR WRIT OF MANDAMUS AND/OR PROHIBITION UNDER 28 U.S.C. 1651(a) AND FED. R. APP. P. 21 filed by Appellant Jaehyun Kim in 26-1514, 26-1536. Served on 05/12/2026. [26-1514, 26-1536] (JK) [Entered: 05/12/2026 11:53 PM] |
| NOTICE of appearance on behalf of Appellee Massachusetts College of Pharmacy and Allied Health Sciences filed by Attorney Timothy J. Fazio, Esq.. Served on 05/12/2026. [26-1536] (TJF) [Entered: 05/12/2026 11:19 AM] |
| NOTICE of appearance on behalf of Appellee Massachusetts College of Pharmacy and Allied Health Sciences filed by Attorney Bridget C. Araldi. Served on 05/12/2026. [26-1536] (BCA) [Entered: 05/12/2026 10:58 AM] |
| MOTION to stay Plaintiff-Appellants Motion for Limited Stay of Briefing Schedule Pending Resolution of Rule 10(e) Record-Correction Proceedings, or in the Alternative for Extension of Time filed by Appellant Jaehyun Kim in 26-1514, 26-1536. Served on 05/12/2026. [26-1514, 26-1536] (JK) [Entered: 05/12/2026 06:59 AM] |
| MOTION for Administrative determination over duplicate filing fee filed by Appellant Jaehyun Kim in 26-1536, 26-1514. Served on 05/11/2026. [26-1536, 26-1514] (JK) [Entered: 05/11/2026 08:11 PM] |
| TRANSCRIPT report/order form filed by Appellant Jaehyun Kim in 26-1536, 26-1514 indicating all necessary transcripts have already been filed in district court. Served on 05/09/2026. [26-1536, 26-1514] (JK) [Entered: 05/10/2026 02:19 AM] |
| MOTION to consolidate cases filed by Appellant Jaehyun Kim in 26-1514, 26-1536. Served on 05/10/2026. [26-1514, 26-1536] (JK) [Entered: 05/10/2026 06:10 PM] |
| DOCKETING statement filed by Appellant Jaehyun Kim in 26-1536, 26-1514. Served on 05/09/2026. [26-1536, 26-1514] (JK) [Entered: 05/10/2026 02:52 AM] |
| NOTICE of appearance on behalf of Appellant Jaehyun Kim in 26-1536, 26-1514 filed by Attorney Jaehyun Kim, pro se appellant. Served on 05/09/2026. [26-1536, 26-1514] (JK) [Entered: 05/10/2026 02:31 AM] |
| NOTICE of appearance on behalf of Appellant Jaehyun Kim in 26-1514, 26-1536 filed by Attorney Jaehyun Kim, pro se. Served on 05/09/2026. [26-1514, 26-1536] (JK) [Entered: 05/10/2026 02:30 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #195) filed by Appellant Jaehyun Kim. Transcript Report/Order form and Fee due 05/22/2026 . [26-1536] (AVN) [Entered: 05/08/2026 04:32 PM] |
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| Plaintiff: JAEHYUN KIM | |
| Represented By: | Jaehyun Kim |
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| Defendant: MASSACHUSETTS COLLEGE OF PHARMACY AND ALLIED HEALTH SCIENCES | |
| Represented By: | Timothy J. Fazio |
| Represented By: | Bridget C. Araldi |
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