DOE v. UNIVERSITY OF MAINE SYSTEM et al
Plaintiff: JOHN DOE
Defendant: UNIVERSITY OF MAINE SYSTEM and DAVID FIACCO
Case Number: 1:2019cv00415
Filed: September 9, 2019
Court: US District Court for the District of Maine
Presiding Judge: JOHN C NIVISON
Referring Judge: NANCY TORRESEN
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 7, 2019 Filing 33 REPLY to Response to Motion re #26 MOTION to Dismiss for Failure to State a Claim and Lack of Jurisdiction filed by DAVID FIACCO, UNIVERSITY OF MAINE SYSTEM. (Attachments: #1 Declaration of Elizabeth Lavoie)(THEBERGE, SHILOH)
October 24, 2019 Opinion or Order Filing 32 ORDER granting #31 Motion to Seal By JUDGE NANCY TORRESEN.(ac)
October 24, 2019 Filing 31 (Document sealed from public view) Unopposed MOTION to Seal Declaration of Francis Bigelow with attached Exhibit 1 by JOHN DOE Responses due by 11/14/2019. (Attachments: #1 Declaration of Francis Bigelow, #2 Exhibit 1 to Declaration of Francis Bigelow)(O'MEARA, RICHARD)
October 24, 2019 Filing 30 RESPONSE to Motion re #26 MOTION to Dismiss for Failure to State a Claim and Lack of Jurisdiction filed by JOHN DOE. Reply due by 11/7/2019. (O'MEARA, RICHARD)
October 4, 2019 Opinion or Order Filing 29 ORDER granting #27 Consent Motion to Seal By JUDGE NANCY TORRESEN. (MMB)
October 4, 2019 Opinion or Order Filing 28 ORDER granting #17 unopposed Motion to Seal. By JUDGE NANCY TORRESEN. (MMB)
October 3, 2019 Filing 27 (Document sealed from public view) Consent MOTION to Seal Exhibits to Declaration of James Thelen by DAVID FIACCO, UNIVERSITY OF MAINE SYSTEM Responses due by 10/24/2019. (Attachments: #1 Exhibit 1 to Declaration of James Thelen, #2 Exhibit 2 to Declaration of James Thelen)(THEBERGE, SHILOH)
October 3, 2019 Filing 26 MOTION to Dismiss for Failure to State a Claim and Lack of Jurisdiction by DAVID FIACCO, UNIVERSITY OF MAINE SYSTEM Responses due by 10/24/2019. (Attachments: #1 Exhibit Declaration of James Thelen, #2 Exhibit 1 to Declaration of James Thelen filed under seal, #3 Exhibit 2 to Declaration of James Thelen filed under seal, #4 Exhibit Declaration of Elizabeth Lavoie, #5 Exhibit 1 to Declaration of Elizabeth Lavoie, #6 Exhibit 2 to Declaration of Elizabeth Lavoie)(THEBERGE, SHILOH)
September 18, 2019 Filing 25 NOTICE OF CANCELLED HEARING: Preliminary Injunction Hearing set for 9/20 at 9:00 in Bangor has been cancelled. (slg)
September 17, 2019 Filing 24 WITHDRAWAL of : #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by JOHN DOE . (O'MEARA, RICHARD)
September 17, 2019 Filing 23 REPLY to Response to Motion re #3 (Document sealed from public view) SEALED MOTION to Proceed Under Alias filed by JOHN DOE. (Attachments: #1 Reply Declaration of John Doe i/s/o Plaintiff's Motion to Proceed Under Alias and to Seal Certain Documents, #2 Exhibit A to Reply Declaration of John Doe - Screenshop of Facebook Post)(O'MEARA, RICHARD)
September 17, 2019 Opinion or Order Filing 22 ORDER granting #20 Motion to Seal ECF Doc. Nos. 15-1, 15-4, and 15-10. By JUDGE NANCY TORRESEN. (mnw)
September 17, 2019 Filing 21 ADDITIONAL ATTACHMENTS filed by DAVID FIACCO, UNIVERSITY OF MAINE SYSTEM re #15 Response in Opposition to Motion. First Attached Document: Redacted Declaration of David Fiacco (Attachments: #1 Redacted Exhibit 3 to Fiacco Declaration, #2 Redacted Exhibit 2 to Lavoie Declaration)(WALKER, TARA) Modified on 9/17/2019 to clean up text (mnw).
September 17, 2019 Filing 20 (Document sealed from public view) Unopposed MOTION to Seal ECF Doc. No. 15-1, 15-4, and 15-10. by DAVID FIACCO, UNIVERSITY OF MAINE SYSTEM Responses due by 10/8/2019. (WALKER, TARA)
September 17, 2019 Set Answer Deadline for DAVID FIACCO - Per Acceptance of Service #19: Answer due by 10/4/2019. (mnw)
September 17, 2019 Set Answer Deadline for UNIVERSITY OF MAINE SYSTEM - Per Acceptance of Service #18: Answer due by 10/4/2019. (mnw)
September 16, 2019 Filing 19 ACKNOWLEDGEMENT OF SERVICE Executed as to DAVID FIACCO served on 9/13/2019. (O'MEARA, RICHARD)
September 16, 2019 Filing 18 ACKNOWLEDGEMENT OF SERVICE Executed as to UNIVERSITY OF MAINE SYSTEM served on 9/13/2019. (O'MEARA, RICHARD)
September 16, 2019 Reset Deadlines as to #3 SEALED MOTION to Proceed Under Alias & #4 MOTION for Preliminary Injunction : Replies due by 5:00 p.m. 9/17/2019. (mnw)
September 13, 2019 Filing 17 (Document sealed from public view) Unopposed MOTION to Seal Certain Exhibits to Declarations by DAVID FIACCO, UNIVERSITY OF MAINE SYSTEM Responses due by 10/4/2019. (Attachments: #1 Exhibit 1 to Fiacco Declaration, #2 Exhibit 6 to Fiacco Declaration, #3 Exhibit 1 to Lavoie Declaration, #4 Exhibit 4 to Lavoie Declaration, #5 Exhibit 5 to Lavoie Declaration, #6 Exhibit 7 to Lavoie Declaration, #7 Exhibit 1 to Thelen Declaration, #8 Exhibit 2 to Thelen Declaration)(THEBERGE, SHILOH)
September 13, 2019 Filing 16 ADDITIONAL ATTACHMENTS filed by DAVID FIACCO, UNIVERSITY OF MAINE SYSTEM re #15 Response in Opposition to Motion,, Declaration of James Thelen.. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal)(THEBERGE, SHILOH)
September 13, 2019 Filing 15 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by DAVID FIACCO, UNIVERSITY OF MAINE SYSTEM. Reply due by 9/27/2019. (Attachments: #1 Declaration of David Fiacco, #2 Exhibit 1 - Filed Under Seal, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6 - Filed Under Seal, #8 Declaration of Elizabeth Lavoie, #9 Exhibit 1 - Filed Under Seal, #10 Exhibit 2, #11 Exhibit 3, #12 Exhibit 4 - Filed Under Seal, #13 Exhibit 5 - Filed Under Seal, #14 Exhibit 6, #15 Exhibit 7 - Filed Under Seal)(THEBERGE, SHILOH) Modified on 9/17/2019 to seal attachment #1 (declaration of David Fiacco), attachment #4 (exhibit 3) and attachment 10 (exhibit 2) - Per Order #22 (mnw).
September 13, 2019 Filing 14 RESPONSE in Opposition re #3 (Document sealed from public view) SEALED MOTION to Proceed Under Alias filed by DAVID FIACCO, UNIVERSITY OF MAINE SYSTEM. Reply due by 9/27/2019. (THEBERGE, SHILOH)
September 13, 2019 Filing 13 NOTICE OF HEARING **LOCATION CHANGE ONLY** re #3 SEALED MOTION to Proceed Under Alias & #4 MOTION for Preliminary Injunction : Motion Hearing set for 9/20/2019 at 9:00 AM will now take place in Bangor Courtroom 2 before JUDGE NANCY TORRESEN. (mnw)
September 11, 2019 Filing 12 NOTICE OF HEARING re #3 SEALED MOTION to Proceed Under Alias & #4 MOTION for Preliminary Injunction : Motion Hearing set for 9/20/2019 at 9:00 AM in Portland Courtroom 2 before JUDGE NANCY TORRESEN. (mnw)
September 11, 2019 Reset Deadlines as to #3 SEALED MOTION to Proceed Under Alias & #4 MOTION for Preliminary Injunction : Responses due by 5:00 p.m. on 9/13/2019. Replies due by 5:00 p.m. on 9/17/2019. (mnw)
September 11, 2019 Filing 11 Minute Entry for proceedings held before JUDGE NANCY TORRESEN. Conference of Counsel held. (Court Reporter: Dennis Ford) (mnw)
September 10, 2019 Filing 10 NOTICE of Hearing: Conference of Counsel set for 9/11/2019 11:00 AM in Judge Torresen's Chambers before JUDGE NANCY TORRESEN. (lrc)
September 10, 2019 Filing 9 NOTICE of Appearance by FRANCIS BIGELOW on behalf of JOHN DOE (BIGELOW, FRANCIS)
September 10, 2019 Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-2075940.), filed by JOHN DOE.(O'MEARA, RICHARD)
September 10, 2019 Filing 8 NOTICE of Appearance by SHILOH D. THEBERGE on behalf of DAVID FIACCO, UNIVERSITY OF MAINE SYSTEM (bfa)
September 10, 2019 Filing 7 NOTICE of Appearance by TARA A. WALKER on behalf of DAVID FIACCO, UNIVERSITY OF MAINE SYSTEM (bfa)
September 10, 2019 Filing 6 NOTICE of Appearance by KATHRYN W. MCGINTEE on behalf of DAVID FIACCO, UNIVERSITY OF MAINE SYSTEM (bfa)
September 10, 2019 Filing 5 Summons Issued as to DAVID FIACCO, UNIVERSITY OF MAINE SYSTEM. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: #1 David Fiacco summons)(bfa)
September 9, 2019 Filing 4 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by JOHN DOE (Attachments: #1 Declaration of John Doe, #2 Exhibit A - Letter from D. Fiacco to John Doe re Case No. 2018316902 with enclosure dated 3-1-19, #3 Exhibit B - Letter from L. Lavoie re continued suspension dated 8-30-19, #4 Exhibit C - Notice of Interim Suspension Review from D. Fiacco with enclosure dated 9-7-19, #5 Declaration of Richard L. OMeara)(bfa)
September 9, 2019 Filing 3 (Document sealed from public view) SEALED MOTION by JOHN DOE (Attachments: #1 Declaration of Richard L. OMeara)(bfa)
September 9, 2019 Filing 2 CIVIL COVER SHEET. (bfa)
September 9, 2019 Filing 1 COMPLAINT against DAVID FIACCO, UNIVERSITY OF MAINE SYSTEM PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by JOHN DOE. (Service of Process Deadline 12/9/2019) Fee due by 9/11/2019. (Attachments: #1 Exhibit Letter from D. Fiacco to Doe re Case No. 2018316902 with enclosure dated 3-1-19, #2 Exhibit B - Letter from L. Lavoie re: continued suspension dated 8-30-19, #3 Exhibit C - Notice of Interim Suspension Review from D. Fiacco with enclosure dated 9-7-19)(bfa)

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Defendant: UNIVERSITY OF MAINE SYSTEM
Represented By: SHILOH D. THEBERGE
Represented By: KATHRYN W. MCGINTEE
Represented By: TARA A. WALKER
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Defendant: DAVID FIACCO
Represented By: SHILOH D. THEBERGE
Represented By: KATHRYN W. MCGINTEE
Represented By: TARA A. WALKER
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Plaintiff: JOHN DOE
Represented By: RICHARD L. O'MEARA
Represented By: FRANCIS BIGELOW
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