WE THE PEOPLE PAC et al v. DUNLAP et al
| LIBERTY INITIATIVE FUND, BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI and WE THE PEOPLE PAC |
| MATTHEW DUNLAP and JULIE FLYNN |
| 1:2020cv00489 |
| December 31, 2020 |
| US District Court for the District of Maine |
| JOHN H RICH |
| JOHN A WOODCOCK |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on February 23, 2021. A more recent docket listing may be available from PACER.
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| Filing 57 USCA Case Number 21-1149 for #53 Notice of Interlocutory Appeal filed by MATTHEW DUNLAP, JULIE FLYNN. (mlm) |
| Filing 56 CORRECTED CLERK'S CERTIFICATE Re: #53 Notice of Appeal, Documents sent to the U.S. Court of Appeals. (jhw) |
| Filing 55 CLERK'S CERTIFICATE Re: #53 Notice of Appeal, Documents sent to the U.S. Court of Appeals. (jhw) |
| Filing 54 APPEAL COVER SHEET Re: #53 Notice of Appeal(jhw) |
| Filing 53 INTERLOCUTORY APPEAL as to #46 Order on Objection, Order on Motion for Preliminary Injunction by MATTHEW DUNLAP, JULIE FLYNN Shenna Bellows. ( Filing fee $ 505 receipt number AMEDC-2447231.) NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from our web site at #http://www.med.uscourts.gov/forms/ MUST be completed and submitted to the Court of Appeals. Counsel should also register for a First Circuit CM/ECF Appellate Filer Account at #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf and review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf (ANTON, JASON) Modified on 2/22/2021 to indicate this is an interlocutory appeal (jwr). |
| COPIES of Notice of Appeal Sent to Counsel Re: #53 Notice of Appeal, filed by MATTHEW DUNLAP, JULIE FLYNN. (jhw) |
| Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re #53 Notice of Appeal. (jwr) |
| Filing 52 ADDITIONAL ATTACHMENTS filed by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC re #45 Notice (Other)/Correspondence, Executed Sworn Answer to Defendants' First Set of Interrogatories to Plaintiffs.. (ROSSI, PAUL) |
| Filing 51 Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference held. (Court Reporter: Lori Dunbar) (tcs) |
Filing 50
Oral ORDER granting 49 Motion to Stay Motion for Permanent Injunction By JUDGE JOHN A. WOODCOCK, JR. (tcs)
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| Filing 49 Oral MOTION to Stay Motion for Permanent Injunction by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC (tcs) |
| Filing 48 MOTION Extension of Time to File Initiative Petitions by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC Responses due by 3/12/2021. (Attachments: #1 Text of Proposed Order Proposed Order to Extend Initiative Petition Deadlines)(ROSSI, PAUL) |
| Filing 47 NOTICE of Hearing: Telephone Conference set for 2/19/2021 03:30 PM before JUDGE JOHN A. WOODCOCK JR. Parties have been provided with the Court's call-in instructions.(tcs) |
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Filing 46
ORDER ON MOTION FOR PRELIMINARY INJUNCTION Overruling #37 Objection ; granting #3 Motion for Preliminary Injunction By JUDGE JOHN A. WOODCOCK, JR. (CCS)
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| Set Deadlines per Order (ECF No. 44): Sworn Answers due by 2/20/2021. (tcs) |
| Filing 45 NOTICE/CORRESPONDENCE Re: Plaintiffs' Representation That Plaintiffs' Sworn and Signed Answer to Defendants' First Set of Interrogatories Will Be Filed Within 7 Days of Court's Order, Dated February 13, 2021 (Doc #44) by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC (ROSSI, PAUL) |
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Filing 44
ORDER re #3 MOTION for Preliminary Injunction filed by LIBERTY INITIATIVE FUND, NICHOLAS KOWALSKI, WE THE PEOPLE PAC, BILLY BOB FAULKINGHAM : Pursuant to Federal Rule of Civil Procedure 33(b)(3), "[e]ach interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath." The Defendants object to the Plaintiffs' statement of undisputed facts on the ground that some statements "rely on interrogatory responses that are unsworn and unattributed." Defs.' Obj. to Pls.' Statement of Undisputed Facts at 2 (ECF No. 37). By rule, the Court may not consider objected-to, unsworn answers to interrogatories. At the same time, the Court acknowledges the difficult time constraints that the parties have operated under and it assumes that the reason the interrogatory answers are unsworn is a function of time and practicality. The Court will give the Plaintiffs two alternatives: The Court will give the Plaintiffs an opportunity to immediately file a sworn-to set of interrogatory answers. On this alternative, the Court emphasizes that it is working diligently to issue an order on the Plaintiffs' motion for preliminary injunction and will not delay the order to receive the sworn answers. A second alternative is for the Plaintiffs to represent to the Court that they will file sworn answers within a week from this order. If the Plaintiffs make this representation to the Court before the Court issues its order, the Court will consider as sworn the information contained in the interrogatory answers. There is a third alternative, which is for the Plaintiffs to do nothing. If the Court has not heard from the Plaintiffs before it issues its order, the Court will not consider the contents of their unsworn answers in ruling on the motion for preliminary injunction. By JUDGE JOHN A. WOODCOCK, JR. (CCS)
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| Filing 43 REPLY TO ADDITIONAL Statement of Fact filed by Defendants filed by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC. (ROSSI, PAUL) |
| Filing 42 STATEMENT OF FACT by MATTHEW DUNLAP, JULIE FLYNN. (ANTON, JASON) |
| Filing 41 RESPONSE to Statement of Fact filed by MATTHEW DUNLAP, JULIE FLYNN. (ANTON, JASON) |
| Filing 40 Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Continued Telephone Conference held. Defendants' response and any additional statement of fact shall be filed by the end of the day on 2/9/2021. Plaintiffs' response to any additional fact from Defendants shall be filed by the end of the day on 2/10/2021. (Court Reporter: Dennis Ford) (lrt) |
| Filing 39 Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference begun. For reasons stated on the record, the Telephone Conference is continued to 2/8/2021 at 09:00 AM before JUDGE JOHN A. WOODCOCK JR. All parties have been provided with the call-in information. (Court Reporter: Julie Edgecomb) (lrt) |
| Filing 38 NOTICE of Hearing: Telephone Conference set for 2/5/2021 03:00 PM before JUDGE JOHN A. WOODCOCK JR. Parties have been provided with the Court's call in information. (tcs) |
| Filing 37 OBJECTION to Plaintiffs' Statement of Undisputed Facts (ECF No. 36-1) filed by MATTHEW DUNLAP, JULIE FLYNN. Responses due by 2/18/2021. (ANTON, JASON) |
| Filing 36 BRIEF re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by BILLY BOB FAULKINGHAM. (Attachments: #1 Exhibit Statement of Undisputed Facts, #2 Exhibit Answer to Interrogatories, #3 Exhibit Plaintiffs' Production of Documents)(ROSSI, PAUL) |
| Filing 35 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MATTHEW DUNLAP, JULIE FLYNN. Reply due by 2/16/2021. (Attachments: #1 Exhibit Plaintiffs' Interrogatory Responses, #2 Exhibit Julie Flynn's Interrogatory Responses)(ANTON, JASON) |
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Filing 34
ORDER granting #29 Motion to Extend Time to File Declaration By JUDGE JOHN A. WOODCOCK, JR. (tcs)
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| Filing 33 AFFIDAVIT of Julie Flynn re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MATTHEW DUNLAP, JULIE FLYNN. (ANTON, JASON) |
| Filing 32 AFFIDAVIT of Erin McCabe Johnson re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MATTHEW DUNLAP, JULIE FLYNN. (ANTON, JASON) |
| Filing 31 AFFIDAVIT of Ann Luther re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MATTHEW DUNLAP, JULIE FLYNN. (ANTON, JASON) |
| Filing 30 AFFIDAVIT of Jonathan Wayne re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MATTHEW DUNLAP, JULIE FLYNN. (ANTON, JASON) |
| Filing 29 Consent MOTION to Extend Time Deadline to File Declaration of Julie L. Flynn by 24 Hours by MATTHEW DUNLAP, JULIE FLYNN Responses due by 2/16/2021. (ANTON, JASON) |
| Filing 28 ADDITIONAL ATTACHMENTS filed by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC re #3 Motion for TRO,, Motion for Preliminary Injunction, Supplemental Document Production in Support of Plaintiffs' Motion for Preliminary Injunction.. (ROSSI, PAUL) |
| Filing 27 AFFIDAVIT of Trenton Pool re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC. (ROSSI, PAUL) |
| Filing 26 AFFIDAVIT of James Tracey re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC. (Attachments: #1 Exhibit Article Showing Tracey Client that Attempted to Use Volunteer Circulators Only Who Eventually Employed Professional Circulators, #2 Exhibit Spreadsheet Showing Number of Signatures Invalid Because Obtained by a Registered Maine Voter Who Was Not Registered at Current Address, #3 Exhibit Copy of Registration Certification and First and Last Petition Page of Sheja Vaillant Who Circulated Initiative Petitions Before She Was Registered at her Current Address, #4 Exhibit Redacted Bank Records Showing Payments Made to In-State Witnesses and Out-of-State Professional CIrculators for Week 12/29/20 through 1/4/21, #5 Exhibit Spreadsheet Showing Expenditures for In-State Witnesses and Out-of-State Circulators for the Week 12/29/20 through 1/4/21, #6 Exhibit Petitions in Sample Audit Showing Maine Residents Who Signed Plaintiffs' Initiative Petition Who Are Not Registered to Vote at Address Recorded, 41 out of 150 Not Registered As Required (NR=Not Registered at Address))(ROSSI, PAUL) |
| Filing 25 AFFIDAVIT of Timothy F. Mooney re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC. (ROSSI, PAUL) |
| Filing 24 AFFIDAVIT of Paul Jacob re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC. (ROSSI, PAUL) |
| Filing 23 AFFIDAVIT of Alex Isada re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC. (ROSSI, PAUL) |
| Filing 22 AFFIDAVIT of M. Dane Waters re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC. (ROSSI, PAUL) |
| Filing 21 AFFIDAVIT of Arps re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC. (ROSSI, PAUL) |
| Filing 20 Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference held, Set Deadlines: Plaintiff's Declarations due by 1/21/2021; Defendants' Declarations due by 1/23/2021; Interrogatories due by 1/25/2021; Responses due by 1/29/2021; Statement of Fact/Simultaneous Briefing due by 2/2/2021 (Court Reporter: Julie Edgecomb) (tcs) |
| Filing 19 NOTICE of Hearing - Telephone Conference set for 1/14/2021 02:00 PM before JUDGE JOHN A. WOODCOCK JR. All participants have been provided with the Court's call in information.(tcs) |
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Filing 18
ORDER ON MOTION FOR TEMPORARY RESTRAINING ORDER dismissing #3 Motion for TRO By JUDGE JOHN A. WOODCOCK, JR. (CCS)
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| Filing 17 REPLY to Response to Motion re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC. (Attachments: #1 Affidavit Declaration of Paul Jacob, #2 Affidavit Declaration of James J. Tracey, #3 Exhibit OpenPittsburgh Opinion Granting Temporary Restraining Order)(ROSSI, PAUL) |
| Filing 16 NOTICE/CORRESPONDENCE Re: Plaintiffs' Notice of Intent to File a Reply Brief on Saturday, January 9, 2021 to Defendants' Brief in Opposition to Plaintiffs' Motion for TRO by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC (ROSSI, PAUL) |
| Filing 15 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MATTHEW DUNLAP, JULIE FLYNN. Reply due by 1/22/2021. (Attachments: #1 Declaration of Julie Flynn, #2 Exhibit A)(ANTON, JASON) |
| Filing 14 **FILED IN ERROR** RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MATTHEW DUNLAP, JULIE FLYNN. Reply due by 1/22/2021. (Attachments: #1 Exhibit A)(ANTON, JASON) Modified on 1/11/2021 to indicate entry was filed in error, correct entry filed at ECF No. 15 (tcs). |
| Filing 13 Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference held. Set Deadlines: Response to ECF No. 3 Motion for TRO due by 1/8/2021. (Court Reporter: Dennis Ford) (tcs) |
| Filing 12 NOTICE/CORRESPONDENCE Re: Additional Authority in Support of Requested TRO/Preliminary Injuction by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC (Attachments: #1 Exhibit 5th Circuit Opinion, Pool v. Houston, 978 F.3d 307)(ROSSI, PAUL) |
| Filing 11 NOTICE of Appearance by PAUL A. ROSSI on behalf of BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC (ROSSI, PAUL) |
| Filing 10 NOTICE of Appearance by JASON ANTON on behalf of MATTHEW DUNLAP, JULIE FLYNN (ANTON, JASON) |
| Filing 9 NOTICE of Appearance by PHYLLIS GARDINER on behalf of MATTHEW DUNLAP, JULIE FLYNN (GARDINER, PHYLLIS) |
| Filing Fee Received from BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC: Amount Paid: $402.00. Receipt Number: 121000065. Method of Payment: Check. Purpose of Payment: Filing Fee. Date Paid: 01/04/2021 (mtm) |
| Filing 8 Summons Issued as to MATTHEW DUNLAP, JULIE FLYNN. 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 Dunlap Summons)(lrt) |
| Filing 7 NOTICE of Hearing: Telephone Conference set for 1/6/2021 at 11:00 AM before JUDGE JOHN A. WOODCOCK JR. Parties have been provided with the Court's call-in instructions.(jgd) |
| Filing 6 CERTIFICATION for Admission Pro Hac Vice of Paul A. Rossi filed by STEPHEN C. WHITING on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2407786.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (WHITING, STEPHEN) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by LIBERTY INITIATIVE FUND. (jgd) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by WE THE PEOPLE PAC. (jgd) |
| Filing 3 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction by BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND, WE THE PEOPLE PAC. Responses due by 1/21/2021. (Attachments: #1 Memorandum of Law, #2 Declaration of Billy Bob Faulkingham, #3 Declaration of Nicholas Kowalski, #4 Text of Proposed Order) (jgd) |
| Filing 2 CIVIL COVER SHEET. (jgd) |
| Filing 1 COMPLAINT against MATTHEW DUNLAP, JULIE FLYNN 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 WE THE PEOPLE PAC, BILLY BOB FAULKINGHAM, NICHOLAS KOWALSKI, LIBERTY INITIATIVE FUND. (Service of Process Deadline 3/31/2021) Fee due by 1/4/2021.(jgd) |
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