MCBREAIRTY v. MILLER et al
| SHAWN MCBREAIRTY |
| HEATH MILLER and SCHOOL BOARD OF RSU22 |
| 1:2023cv00143 |
| March 24, 2023 |
| US District Court for the District of Maine |
| JOHN C NIVISON |
| NANCY TORRESEN |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 10, 2023. A more recent docket listing may be available from PACER.
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Filing 27
CLERK'S FIRST SUPPLEMENTAL CERTIFICATE Re: #18 Notice of Appeal, Documents Sent to U.S. Court of Appeals (Complaint Exhibits B, C & E [on disc] and Exhibits F & G of ECF #9 [on memory stick]). (jwr)
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Supplemental Record on Appeal transmitted to US Court of Appeals via UPS re #18 Notice of Appeal (jwr)
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Filing 26
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Motion Hearing and Oral Argument held on April 25, 2023 before Judge Nancy Torresen. Court of Appeals Docket Number 23-1389. Court Reporter/Transcriber: Tammy Martell, Telephone Number: 207.272.5566. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.med.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 8/2/2023. (MARTELL, TAMMY)
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Filing 25
ORDER granting in part #24 Motion to Extend Time to File Response to Motion to Dismiss. The Court stays the deadline for Plaintiff to file a response to the motion to dismiss. If the appeal in this matter and the appeal in the related matter referenced in Plaintiff's motion remain pending as of July 15, 2023, Plaintiff shall file a report regarding the status of the appeals. If the appeals are resolved prior to July 15, the Court will establish a new deadline for the response to the motion to dismiss. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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Reset Deadlines per Order #25, if appeals remain pending Status Report due by 7/17/2023. (slg)
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Filing 24
Emergency MOTION to Extend Time Respond to Defendants' Motion to Dismiss - Assented to - by SHAWN MCBREAIRTY Responses due by 5/24/2023. (MORRIS, ROBERT)
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Filing 23
ORDER denying #21 Motion for Injunction Pending Appeal - Expedited Relief Sought. Plaintiff's Motion for an Injunction Pending Appeal, sought on an expedited basis, is denied for the reasons given in my Order denying Plaintiff's emergency motion for a temporary restraining order and preliminary injunction (ECF No. 17). By JUDGE NANCY TORRESEN. (RGK)
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Filing 22
USCA Case Number 23-1389 for #18 Notice of Appeal filed by SHAWN MCBREAIRTY. (mnd)
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Filing 21
MOTION Injunction Pending Appeal - Expedited Relief Sought by SHAWN MCBREAIRTY Responses due by 5/18/2023. (RANDAZZA, MARC)
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Filing 20
CLERK'S CERTIFICATE Re: #18 Notice of Appeal. Documents sent to the U.S. Court of Appeals. (slg)
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Filing 19
APPEAL COVER SHEET Re: #18 Notice of Appeal (slg)
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Filing 18
NOTICE OF APPEAL as to #17 Order on Motion for Preliminary Injunction, Order on Motion for TRO by SHAWN MCBREAIRTY . ( Filing fee $ 505 receipt number AMEDC-2791865.) NOTICE TO FILER: A transcript Report/Order form MUST be completed and submitted to the First Circuit Court of Appeals. The form can be found under the Forms & Fees section on their website at #https://www.ca1.uscourts.gov.NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #https://pacer.psc.uscourts.gov. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #https://www.ca1.uscourts.gov/cmecf (RANDAZZA, MARC)
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Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re #18 Notice of Appeal (slg)
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COPIES of Notice of Appeal Sent to Counsel Re: #18 Notice of Appeal filed by SHAWN MCBREAIRTY. (slg)
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Filing 17
ORDER denying #3 PLAINTIFF'S EMERGENCY MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. By JUDGE NANCY TORRESEN. (slg)
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Filing 16
Court Exhibit List from Hearing re ECF No. 3 held on 4/25/23 (Exhibits listed on the Court Exhibit List are not remotely electronically available). (slg)
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Filing 15
Minute Entry for proceedings held before JUDGE NANCY TORRESEN: Hearing re #3 Emergency MOTION for Preliminary Injunction for Plaintiff Emergency MOTION for Temporary Restraining Order filed by SHAWN MCBREAIRTY. (Court Reporter: Tammy Martell) (slg)
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Filing 14
ORDER granting in part #13 Unopposed Motion to Excuse Local Counsel for Plaintiff. Attorney Baber is excused from attending the April 25, 2023 hearing on the Plaintiff's motion for a temporary restraining order and preliminary injunction. He is not, however, excused from attending all future pre-trial proceedings. If local counsel wishes to be excused from attending a particular hearing, he shall file a motion to that effect; the Court will decide whether to excuse local counsel on a proceeding-by-proceeding basis. By JUDGE NANCY TORRESEN. (RGK)
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Filing 13
Unopposed MOTION Excuse Local Counsel for Plaintiff by SHAWN MCBREAIRTY Responses due by 5/5/2023. (BABER, BRETT)
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Filing 12
MOTION to Dismiss for Failure to State a Claim by HEATH MILLER, SCHOOL BOARD OF RSU22 Responses due by 5/4/2023. (HEWEY, MELISSA)
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Filing 11
NOTICE of Hearing on Motion #3 Emergency MOTION for Preliminary Injunction for Plaintiff Emergency MOTION for Temporary Restraining Order. Counsel should review Amended General Order 2021-6 regarding Masks, Courthouse Entrance Protocols, Social Distancing and Testing. Motion Hearing set for 4/25/2023 02:30 PM in Portland Courtroom 2 before JUDGE NANCY TORRESEN. (slg)
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Filing 10
REPLY to Response to Motion re #3 Emergency MOTION for Preliminary Injunction for PlaintiffEmergency MOTION for Temporary Restraining Order filed by SHAWN MCBREAIRTY. (RANDAZZA, MARC)
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Filing 9
RESPONSE in Opposition re #3 Emergency MOTION for Preliminary Injunction for PlaintiffEmergency MOTION for Temporary Restraining Order filed by HEATH MILLER, SCHOOL BOARD OF RSU22. Reply due by 4/17/2023. (Attachments: #1 Declaration of Heath Miller, #2 Exhibit A- BEDH Public Participation Policy, #3 Exhibit B- GBGB Workplace Bullying Policy, #4 Exhibit C- Teacher's Union Position, #5 Exhibit D- Newly Drafted BEDH Policy, #6 Exhibit E- KE Public Concerns & Complaints Policy, #7 Exhibit F- September 21, 2022 Board Meeting Video, #8 Exhibit G- March 15, 2022 Board Meeting Video)(HEWEY, MELISSA)
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Reset Deadlines as to #3 Emergency MOTION for Preliminary Injunction for PlaintiffEmergency MOTION for Temporary Restraining Order per Judge Torresen: Reply due by 4/6/2023. (slg)
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Filing Fee Received from SHAWN MCBREAIRTY: Amount Paid: $402.00. Receipt Number: 355. Method of Payment: Check. Purpose of Payment: Filing Fee. Date Paid: 3/28/2023. (jgd)
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Reset Deadlines: Filing Fee due by 3/30/2023. (slg)
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Filing 8
NOTICE of Appearance by SUSAN M. WEIDNER on behalf of HEATH MILLER, SCHOOL BOARD OF RSU22 (WEIDNER, SUSAN)
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Filing 7
CERTIFICATION for Admission Pro Hac Vice of Marc J. Randazza filed by BRETT D. BABER on behalf of SHAWN MCBREAIRTY (Total admission fee $ 100 receipt number AMEDC-2778175.) 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.uscourts.gov (Attachments: #1 Exhibit Declaration of Marc J. Randozza)(BABER, BRETT)
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Filing 6
CERTIFICATION for Admission Pro Hac Vice of Robert J. Morris II filed by BRETT D. BABER on behalf of SHAWN MCBREAIRTY (Total admission fee $ 100 receipt number AMEDC-2778170.) 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.uscourts.gov (BABER, BRETT)
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Filing 5
CERTIFICATE OF SERVICE by SHAWN MCBREAIRTY re #3 Emergency MOTION for Preliminary Injunction for PlaintiffEmergency MOTION for Temporary Restraining Order , #2 Civil Cover Sheet, #1 Complaint,,, for Plaintiff (BABER, BRETT)
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Filing 4
NOTICE of Appearance by MELISSA A. HEWEY on behalf of HEATH MILLER, SCHOOL BOARD OF RSU22 (HEWEY, MELISSA)
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Reset Deadlines as to #3 Emergency MOTION for Preliminary Injunction for PlaintiffEmergency MOTION for Temporary Restraining Order per Judge Torresen: Responses due by 4/3/2023. (slg)
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Filing 3
Emergency MOTION for Preliminary Injunction for Plaintiff, Emergency MOTION for Temporary Restraining Order by SHAWN MCBREAIRTY Responses due by 4/14/2023. (BABER, BRETT)
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Filing 2
CIVIL COVER SHEET. (lcb)
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Filing 1
COMPLAINT with Jury Demand against HEATH MILLER, SCHOOL BOARD OF RSU22 filed by SHAWN MCBREAIRTY. 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. (Service of Process Deadline 6/22/2023) Fee due by 3/27/2023. (Attachments: #1 Exhibit A: BEDH Public Participation Policy Rule 2, #2 Exhibit B: Video Exhibit Recording of Meeting October 19, 2022, #3 Exhibit C: Video Exhibit Recording of Meeting February 15, 2022, #4 Exhibit D: Police Report February 15, 2023, #5 Exhibit E: Video Exhibit Recording of Meeting March 15, 2023)(lcb)
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