WELLS v. BREWER SCHOOL DEPARTMENT et al
| PHIL WELLS |
| BREWER SCHOOL DEPARTMENT, GREGG PALMER, BRENT SLOWIKOWSKI and MICHELLE MACDONALD |
| 1:2024cv00062 |
| February 28, 2024 |
| US District Court for the District of Maine |
| JOHN C NIVISON |
| LANCE E WALKER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 24 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Motion Hearing held on March 14, 2024 before Judge Lance E. Walker. Court Reporter/Transcriber: Cathy J. Ford, Telephone Number: (609) 367-2777. 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 6/27/2024. (FORD, CATHERINE) |
Filing 23
ORDER ON PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION denying #4 Motion for TRO; reserving ruling #4 Motion for Preliminary Injunction By JUDGE LANCE E. WALKER. (mmy)
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| Filing 22 WAIVER OF SERVICE Returned Executed BREWER SCHOOL DEPARTMENT waiver sent on 3/22/2024; MICHELLE MACDONALD waiver sent on 3/22/2024; GREGG PALMER waiver sent on 3/22/2024; BRENT SLOWIKOWSKI waiver sent on 3/22/2024. (Attachments: #1 Waiver - Defendant Palmer, #2 Waiver - Defendant MacDonald, #3 Waiver - Brewer School Department)(MORRIS, ROBERT) |
| Set Answer Deadline Regarding Waivers of Service Executed, for BREWER SCHOOL DEPARTMENT, GREGG PALMER, BRENT SLOWIKOWSKI, and MICHELLE MACDONALD: Answers due by 5/21/2024. (mmy) |
| Filing 21 Minute Entry for proceedings held before JUDGE LANCE E. WALKER: Motion Hearing held re #4 MOTION for Temporary Restraining Order; MOTION for Preliminary Injunction filed by PHIL WELLS. (Court Reporter: Cathy Ford) (mmy) |
| Filing 20 REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order and for a Preliminary Injunction or, in the Alternative, an Injunction Pending Appeal MOTION for Preliminary Injunction filed by PHIL WELLS. (Attachments: #1 Exhibit 1 - Audio Recording - to be filed manually with the Clerk's Office, #2 Exhibit 2 - Declaration of Phil Wells)(MORRIS, ROBERT) |
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Filing 19
ORDER granting #18 Motion for Leave to File Modified Page Limit By JUDGE LANCE E. WALKER. (mmy)
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| Filing 18 MOTION for Leave to File Modified Page Limit by PHIL WELLS Responses due by 4/1/2024. (MORRIS, ROBERT) |
| Filing 17 RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order and for a Preliminary Injunction or, in the Alternative, an Injunction Pending Appeal MOTION for Preliminary Injunction filed by MICHELLE MACDONALD. Reply due by 3/22/2024. (Attachments: #1 Declaration of Michelle MacDonald)(HADDOW, JAMES) |
| Filing 16 RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order and for a Preliminary Injunction or, in the Alternative, an Injunction Pending Appeal MOTION for Preliminary Injunction filed by BREWER SCHOOL DEPARTMENT, GREGG PALMER, BRENT SLOWIKOWSKI. Reply due by 3/22/2024. (Attachments: #1 Declaration of KD, #2 Declaration of Gregg Palmer, #3 Exhibit 1- Policy JB, #4 Exhibit 2 - Letter dated 2-11-2024, #5 Declaration of Brent Slowikowski)(HEWEY, MELISSA) |
| Reset Deadlines as to #4 MOTION for Temporary Restraining Order and for a Preliminary Injunction or, in the Alternative, an Injunction Pending Appeal: Reply due by 3/13/2024. (mmy) |
| Filing 15 NOTICE of Appearance by SCOTT D. DOLAN on behalf of MICHELLE MACDONALD (DOLAN, SCOTT) |
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Filing 14
ORDER granting #13 Motion to Excuse Local Counsel From Hearing By JUDGE LANCE E. WALKER. (mmy)
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| Filing 13 Consent MOTION to Excuse Local Counsel From Hearing by PHIL WELLS Responses due by 3/25/2024. (MORRIS, ROBERT) |
| Filing 12 NOTICE of Oral Arguments on Motion #4 MOTION for Temporary Restraining Order and for a Preliminary Injunction or, in the Alternative, an Injunction Pending Appeal MOTION for Preliminary Injunction : Motion Hearing set for 3/14/2024 11:00 AM in Bangor Courtroom 2 before JUDGE LANCE E. WALKER. (cjd) |
| Filing 11 NOTICE of Appearance by JAMES B. HADDOW on behalf of MICHELLE MACDONALD (HADDOW, JAMES) |
| Filing 10 NOTICE of Appearance by JEANA M. MCCORMICK on behalf of BREWER SCHOOL DEPARTMENT, GREGG PALMER, BRENT SLOWIKOWSKI (MCCORMICK, JEANA) |
| Filing 9 NOTICE of Appearance by MELISSA A. HEWEY on behalf of BREWER SCHOOL DEPARTMENT, GREGG PALMER, BRENT SLOWIKOWSKI (HEWEY, MELISSA) |
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Filing 8
ORDER re #4 MOTION for Temporary Restraining Order and for a Preliminary Injunction or, in the Alternative, an Injunction Pending Appeal filed by PHIL WELLS. In their briefs, Defendants and Plaintiff shall address whether Plaintiff has standing. Specifically, they should brief whether Defendants' conduct reasonably chilled H.W. from exercising her right to free expression and amounted to an injury in fact. By JUDGE LANCE E. WALKER. (mmy)
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Filing 7
ORDER: The parties having been instructed by the court to confer regarding an expedited briefing schedule regarding Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, have informed the court that they agree to the following briefing schedule, which the court accepts and adopts. Reset Deadlines as to #4 MOTION for Temporary Restraining Order and for a Preliminary Injunction: Responses due by 3/8/2024, Reply due by 3/13/2024. By JUDGE LANCE E. WALKER. (mmy)
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| Filing 6 NOTICE/CORRESPONDENCE Re: Related Case by PHIL WELLS (MORRIS, ROBERT) |
| Filing 5 CERTIFICATION for Admission Pro Hac Vice of Marc J. Randazza filed by ROBERT JOSEPH MORRIS, II on behalf of PHIL WELLS (Total admission fee $ 100 receipt number AMEDC-2920504.) 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 Supplement Declaration of Marc J. Randazza)(MORRIS, ROBERT) |
| Filing 4 MOTION for Temporary Restraining Order and for a Preliminary Injunction or, in the Alternative, an Injunction Pending Appeal by PHIL WELLS Responses due by 3/20/2024. (Attachments: #1 Exhibit 1 - Policy JB, #2 Exhibit 2 - Declaration of Cassidy S. Flavin, #3 Exhibit 3 - Policy JI, #4 Exhibit 4 - Policy JICA, #5 Exhibit 5 - Independent Article)(MORRIS, ROBERT). Added MOTION for Preliminary Injunction on 2/28/2024 (mmy). |
| Filing 3 Summons Issued as to All Defendants. 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 Summons to Brewer School Department, #2 Summons to Gregg Palmer, #3 Summons to Michelle MacDonald)(cjd) |
| Filing 2 CIVIL COVER SHEET. (cjd) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand 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 PHIL WELLS. (Service of Process Deadline 5/28/2024) Fee due by 3/1/2024. (Attachments: #1 Exhibit 1 - Declaration of C.G., #2 Exhibit 2 - Declaration of H.W., #3 Exhibit 3 - Declaration of Phil Wells)(cjd) |
| Filing Fee Paid via Credit Card ( Filing fee $ 405 receipt number AMEDC-2920481.), filed by PHIL WELLS.(MORRIS, ROBERT) |
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