THE RUMFORD FREE CATHOLIC LIBRARY et al v. TOWN OF RUMFORD et al
| FATHER PHILIP M. STARK, S.J., PETER FRANCIS TINKHAM and THE RUMFORD FREE CATHOLIC LIBRARY |
| THOMAS BOURRET, WILLIAM H. DALE, HEBERT REALTY CO., JENNIFER KRECKEL, JARROD CROCKETT, TOWN OF RUMFORD, LOUISE NASH, JOHN CONWAY, MICHAEL MILLS, THEODORE DILWORTH, III, OXFORD COUNTY BOARD OF ASSESSMENT REVIEW, LAURA A PERRY, ALAN J PERRY, RICHARD COULOMBE, BRIAN GAGNON, WADE RAINEY and LINNELL GIRONDA |
| 1:2020cv00066 |
| February 26, 2020 |
| US District Court for the District of Maine |
| JOHN C NIVISON |
| GEORGE Z SINGAL |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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| Filing 46 Case transferred in from District of Rhode Island; Case Number 1:19-cv-00567. Original file certified copy of transfer order and docket sheet received. |
Filing 45
MEMORANDUM AND ORDER transferring case to the District of Maine. So Ordered by District Judge Mary S. McElroy on 2/25/2020. (Simoncelli, Michael) [Transferred from Rhode Island on 2/26/2020.]
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| DOCKET NOTE: Case transferred to the District of Maine. (Simoncelli, Michael) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 44 Letter from Clerk's Office returning original documents (Dkt #41). (Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 43 MOTION to Default Non-Responsive Defendants filed by Philip M. Stark, S.J., Peter Francis Tinkham. Responses due by 3/6/2020. (Attachments: #1 Exhibit)(Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 42 Second MOTION to Order Article III Removal filed by Philip M. Stark, S.J., Peter Francis Tinkham. Responses due by 3/6/2020. (Attachments: #1 Exhibit)(Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 41 MOTION to Clarify and Revoke Court Order Re. Counsel filed by Philip M. Stark, S.J., Peter Francis Tinkham. Responses due by 3/6/2020. (Attachments: #1 Affidavit, #2 Exhibits to Affidavit)(Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 40 Letter from Father Philip Stark and Peter Tinkham. (Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 39 RESPONSE In Opposition to #5 First MOTION for Preliminary Injunction Against Defendants Hebert Realty Louis Nash filed by Hebert Realty Co., Louise Nash. Replies due by 2/20/2020. (Nugent, Mark) [Transferred from Rhode Island on 2/26/2020.] |
| MOTIONS REFERRED: #6 Second MOTION for Preliminary Injunction Against Defendants Alan Perry and Laura A. Perry, #17 MOTION to Amend/Correct #9 Amended Complaint , #5 First MOTION for Preliminary Injunction Against Defendants Hebert Realty Louis Nash, #20 MOTION for Temporary Restraining Order , #11 MOTION for Temporary Restraining Order , #22 MOTION to Order Removal and Sanction Defendant Attorney Dale referred for determination to Magistrate Judge Lincoln D. Almond. (Urizandi, Nisshy) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 38 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , lack of personal jurisdiction, improper venue filed by Jennifer Kreckel. Responses due by 2/25/2020. (Attachments: #1 Supporting Memorandum Memorandum Supporting Motion to Dismiss, #2 Exhibit Affidavit of Jennifer Kreckel)(Schmitz, Krista) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 37 MEMORANDUM IN SUPPORT by Thomas Bourret, Richard Coulombe, William H. Dale, Linnell Gironda, Michael Mills, Town of Rumford in support of #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Cloherty, John) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thomas Bourret, Richard Coulombe, William H. Dale, Linnell Gironda, Michael Mills, Town of Rumford. Responses due by 2/25/2020. (Cloherty, John) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction improper venue, insufficient service of process, failure of RFCL to retain counsel filed by Theodore Dilworth, III. Responses due by 2/25/2020. (Attachments: #1 Supporting Memorandum, #2 Exhibit Exhibit A)(Dolan, Mark) (Main Document 35 replaced on 2/11/2020) (Urizandi, Nisshy). (Attachment 1 replaced on 2/11/2020) (Urizandi, Nisshy). [Transferred from Rhode Island on 2/26/2020.] |
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TEXT ORDER granting #26 Motion for Extension of Time; Set Deadlines: Theodore Dilworth, III answer due 2/28/2020 - So Ordered by District Judge Mary S. McElroy on 2/11/2020. (Urizandi, Nisshy) [Transferred from Rhode Island on 2/26/2020.]
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| Filing 34 MEMORANDUM IN SUPPORT by John Conway in support of #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , lack of personal jurisdiction, improper venue, insufficient service, and insufficient process . (Attachments: #1 Affidavit Affidavit of John Conway, #2 Affidavit Affidavit of Katherine Herbert)(Storm, Christopher) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , lack of personal jurisdiction, improper venue, insufficient service, and insufficient process filed by John Conway. Responses due by 2/24/2020. (Storm, Christopher) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 32 NOTICE of Appearance by Christopher C. Storm on behalf of John Conway (Storm, Christopher) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 31 MOTION to Dismiss for Lack of Personal Jurisiction, Improper Venue, Insufficient Process and Insufficient Service of Process filed by Hebert Realty Co., Louise Nash. Responses due by 2/24/2020. (Attachments: #1 Supporting Memorandum, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Nugent, Mark) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 30 NOTICE of Appearance by Mark T. Nugent on behalf of Hebert Realty Co., Louise Nash (Nugent, Mark) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 29 NOTICE of Appearance by James C. Bass on behalf of Hebert Realty Co., Louise Nash (Bass, James) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 28 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jarrod Crockett, Oxford County Board of Assessment Review, Wade Rainey, Town of Rumford. Responses due by 2/24/2020. (Attachments: #1 Affidavit Declaration of Jarrod Crockett, #2 Affidavit Declaration of Wade Rainey, #3 Affidavit Declaration of Nichole Cargnino, #4 Affidavit Declaration of Theodore Small, Esq)(Dawson, Matthew) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 27 NOTICE of Appearance by Mark P. Dolan, Jr. on behalf of Theodore Dilworth, III (Dolan, Mark) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 26 MOTION for an Extension of Time for extension of time to answer or otherwise respond to plaintiff's complaint filed by Theodore Dilworth, III. Responses due by 2/24/2020. (Dolan, Mark) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 25 NOTICE of Appearance by Mark P. Dolan on behalf of Theodore Dilworth, III (Dolan, Mark) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 24 MOTION for Service of Process filed by Philip M. Stark, S.J., Peter Francis Tinkham. Responses due by 2/20/2020. (Attachments: #1 Affidavit, #2 Attachment List, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 23 Letter from Father Philip Stark (Attachments: #1 Envelope) (Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 22 MOTION to Order Removal and Sanction Defendant Attorney Dale filed by Philip M. Stark, S.J., Peter Francis Tinkham. Responses due by 2/18/2020. (Attachments: #1 List of Exhibits, #2 Exhibit Letter of 10/21/19, #3 Exhibit Order, #4 Exhibit Motion filed in Oxford Co., Maine, #5 Exhibit Letter of 11/22/19, #6 Exhibit Letter of 12/16/19, #7 Exhibit Letter of 12/23/19, #8 Exhibit Letter of 12/28/19, #9 Envelope)(Simoncelli, Michael) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 21 MOTION to Respectfully Evade Payment of Filing Fee filed by Philip M. Stark, S.J., Peter Francis Tinkham. Responses due by 1/23/2020. (Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 20 MOTION for Temporary Restraining Order filed by Philip M. Stark, S.J., Peter Francis Tinkham. (Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 19 Letter from Father Philip Stark and Peter Tinkham. (Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 18 EXHIBIT IN SUPPORT by Philip M. Stark, S.J. in support of #17 MOTION to Amend/Correct #9 Amended Complaint . (Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 17 MOTION to Amend/Correct #9 Amended Complaint filed by Philip M. Stark, S.J., Peter Francis Tinkham. Responses due by 1/21/2020. (Attachments: #1 Cover Letter, #2 Envelope)(Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
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TEXT ORDER denying as moot #12 MOTION to Respectfully Evade Payment of Filing Fee - So Ordered by District Judge Mary S. McElroy on 12/9/2019. (Urizandi, Nisshy) [Transferred from Rhode Island on 2/26/2020.]
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| Filing 16 MOTION to Consider Prior Filings re: #5 First MOTION for Preliminary Injunction Against Defendants Hebert Realty Louis Nash, #6 Second MOTION for Preliminary Injunction Against Defendants Alan Perry and Laura A. Perry, #14 MOTION for Reconsideration re Order Denying Motion for Temporary Restraining Order filed by All Plaintiffs. Responses due by 12/11/2019. (Attachments: #1 Cover Letter, #2 Envelope)(Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 14 MOTION for Reconsideration re Order Denying Motion for Temporary Restraining Order filed by Philip M. Stark, S.J., Peter Francis Tinkham. Responses due by 11/29/2019. (Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 13 Summons Issued as to All Defendants. (Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 15 Filing fee: $ 400.00, receipt number 14670023006 (Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 12 MOTION to Respectfully Evade Payment of Filing Fee filed by Philip M. Stark, S.J., Peter Francis Tinkham. Responses due by 11/27/2019. (Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 11 MOTION for Temporary Restraining Order filed by Philip M. Stark, S.J., Peter Francis Tinkham. (Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 10 MOTION to Vacate Order on Motion for Leave to Proceed in forma pauperis filed by Philip M. Stark, S.J., Peter Francis Tinkham. Responses due by 11/27/2019. (Hicks, Alyson) Docket text modified on 11/13/2019 (Hicks, Alyson). [Transferred from Rhode Island on 2/26/2020.] |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Philip M. Stark, S.J..(Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 8 Letter from Father Philip Stark. (Hicks, Alyson) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 7 Letter from Clerk's Office to Father Stark (Urizandi, Nisshy) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 6 Second MOTION for Preliminary Injunction Against Defendants Alan Perry and Laura A. Perry filed by Philip M. Stark, S.J., Peter Francis Tinkham. Responses due by 11/18/2019. (Urizandi, Nisshy) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 5 First MOTION for Preliminary Injunction Against Defendants Hebert Realty Louis Nash filed by Philip M. Stark, S.J., Peter Francis Tinkham. Responses due by 11/18/2019. (Urizandi, Nisshy) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 4 Letter from Father Philip M. Stark, S.J. to the Clerk's Office (Urizandi, Nisshy) (Additional attachment(s) added on 11/5/2019: #1 Exhibit 1) (Urizandi, Nisshy). [Transferred from Rhode Island on 2/26/2020.] |
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AMENDED TEXT ORDER: The Motion for Leave to Proceed in Forma Pauperis (ECF No. #2 ) is denied without prejudice as to The Rumford Free Catholic Library. Pursuant to LR Gen 205(a)(3), a corporation, partnership, or other entity may no appear pro se. The Rumford Free Catholic Library is directed to retain counsel and pay the $400.00 filing fee or re-file the Motion to Proceed IFP by 12/4/2019. The motion is also denied without prejudice as to Plaintiffs Father Philip M. Stark, S.J. and Peter Francis Tinkham. Mr. Stark and Mr. Tinkham shall pay the $400.00 filing fee or each file a Motion to Proceed in Forma Pauperis by 11/19/2019. Failure to comply with this order may result in the dismissal of this action - So Ordered by District Judge Mary S. McElroy on 11/4/2019. (Urizandi, Nisshy) Modified on 11/4/2019 to correct the filing fee amount (Urizandi, Nisshy). [Transferred from Rhode Island on 2/26/2020.]
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TEXT ORDER denying #3 MOTION for Temporary Restraining Order filed by Philip M. Stark, S.J. - So Ordered by District Judge Mary S. McElroy on 11/4/2019. (Urizandi, Nisshy) [Transferred from Rhode Island on 2/26/2020.]
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| Filing 3 MOTION for Temporary Restraining Order filed by Philip M. Stark, S.J.. (Smith, Rana) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Philip M. Stark, S.J.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Smith, Rana) [Transferred from Rhode Island on 2/26/2020.] |
| Filing 1 COMPLAINT, filed by Philip M. Stark, S.J., The Rumford Free Catholic Library. (Attachments: #1 Cover Letter, #2 Civil Cover Sheet)(Smith, Rana) [Transferred from Rhode Island on 2/26/2020.] |
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