NCTA - INTERNET & TELEVISION ASSOCIATION v. FREY et al
Plaintiff: NCTA - INTERNET & TELEVISION ASSOCIATION
Defendant: AARON FREY, TOWN OF NORTH YARMOUTH MAINE and TOWN OF FREEPORT MAINE
Petitioner: COMMUNITY TELEVISION ASSOCIATION OF MAINE, ALLIANCE FOR COMMUNICATIONS DEMOCRACY and ALLIANCE FOR COMMUNITY MEDIA
Case Number: 2:2019cv00420
Filed: September 12, 2019
Court: US District Court for the District of Maine
Presiding Judge: D BROCK HORNBY
Referring Judge: JOHN H RICH
2 Judge: NANCY TORRESEN
Nature of Suit: Constitutional - State Statute
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2019 Filing 56 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Motion Hearing held on October 23, 2019 before Judge Nancy Torresen. 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 2/4/2020. (MARTELL, TAMMY)
October 25, 2019 Filing 55 NOTICE/CORRESPONDENCE Re: Enforcement of Chapter 245 by AARON FREY (TAUB, CHRISTOPHER)
October 23, 2019 Filing 54 Minute Entry for proceedings held before JUDGE NANCY TORRESEN. Motion Hearing held re #3 MOTION for Preliminary Injunction filed by NCTA - INTERNET & TELEVISION ASSOCIATION. (Court Reporter: Tammy Martell) (mnw)
October 18, 2019 Filing 53 ADDITIONAL ATTACHMENT RE: #51 Errata by NCTA - INTERNET & TELEVISION ASSOCIATION (Attachments: #1 Amended Rebuttal Declaration of Mark Reilly)(DUNLAP, JOSHUA) Modified on 10/18/2019 to include link to #51 (mlm).
October 9, 2019 Filing 52 ADDITIONAL ATTACHMENTS filed by NCTA - INTERNET & TELEVISION ASSOCIATION re #51 Reply to Response to Motion Rebuttal Declaration of Adam Falk.. (DUNLAP, JOSHUA)
October 9, 2019 Filing 51 REPLY to Response to Motion re #3 MOTION for Preliminary Injunction filed by NCTA - INTERNET & TELEVISION ASSOCIATION. (Attachments: #1 Rebuttal Declaration of Mark Reilly)(DUNLAP, JOSHUA)
October 8, 2019 Filing 50 STIPULATION of Dismissal of Town of Freeport and Town of North Yarmouth Without Prejudice by NCTA - INTERNET & TELEVISION ASSOCIATION. (DUNLAP, JOSHUA)
October 7, 2019 Opinion or Order Filing 49 ORDER granting #48 Motion for leave to file a 10 page reply brief. By JUDGE NANCY TORRESEN. (bcs)
October 4, 2019 Filing 48 Unopposed MOTION TO FILE TEN-PAGE BRIEF REPLYING TO DEFENDANT FREYS OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by NCTA - INTERNET & TELEVISION ASSOCIATION Responses due by 10/25/2019. (CONNORS, CATHERINE)
October 3, 2019 Reset Deadlines as to #39 MOTION for Leave to File Amicus Brief : Expedited briefing requested by U.S. District Judge Nancy Torresen - Responses due by 10/10/2019. (mnw)
October 3, 2019 Opinion or Order Filing 47 ORDER - Pursuant to Rule 65(a)(2), the trial on the merits of the Plaintiff's claims for declaratory and injunctive relief shall be consolidated with the October 23, 2019 hearing on the Plaintiff's motion for a preliminary injunction. By JUDGE NANCY TORRESEN. (mnw)
October 3, 2019 Set Deadlines : Attorneys JAMES N. HORWOOD, TILLMAN L. LAY & JEFFREY M. BAYNE shall register for the District of Maine's Electronic Case Filing (ECF) System by 10/10/2019. Registration Forms are available on the Court's website #http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (mnw)
October 3, 2019 Filing 46 NOTICE of Appearance by HAROLD C. PACHIOS on behalf of ALLIANCE FOR COMMUNICATIONS DEMOCRACY, ALLIANCE FOR COMMUNITY MEDIA, COMMUNITY TELEVISION ASSOCIATION OF MAINE (PACHIOS, HAROLD)
October 3, 2019 Filing 45 NOTICE of Docket Entry Modification regarding ECF Nos. 39-43 : Docket entries modified by the Clerk's Office to remove filer NCTA - INTERNET & TELEVISION ASSOCIATION and to add filers COMMUNITY TELEVISION ASSOCIATION OF MAINE, ALLIANCE FOR COMMUNITY MEDIA & ALLIANCE FOR COMMUNICATIONS DEMOCRACY. (mnw)
October 3, 2019 Filing 44 NOTICE of Docket Entry Modification regarding #38 Notice of Appearance : Docket entry modified by the Clerk's Office to indicate that it was filed in error and will be re-filed by counsel. (mnw)
October 3, 2019 Filing 43 CERTIFICATION for Admission Pro Hac Vice of Jeffrey M. Bayne filed by HAROLD C. PACHIOS on behalf of COMMUNITY TELEVISION ASSOCIATION OF MAINE, ALLIANCE FOR COMMUNITY MEDIA & ALLIANCE FOR COMMUNICATIONS DEMOCRACY (Total admission fee $ 100 receipt number 0100-2088489.) (PACHIOS, HAROLD) Modified on 10/3/2019 to remove filer NCTA - INTERNET & TELEVISION ASSOCIATION and to add filers COMMUNITY TELEVISION ASSOCIATION OF MAINE, ALLIANCE FOR COMMUNITY MEDIA & ALLIANCE FOR COMMUNICATIONS DEMOCRACY (mnw).
October 3, 2019 Filing 42 CERTIFICATION for Admission Pro Hac Vice of Tillman L. Lay filed by HAROLD C. PACHIOS on behalf of COMMUNITY TELEVISION ASSOCIATION OF MAINE, ALLIANCE FOR COMMUNITY MEDIA & ALLIANCE FOR COMMUNICATIONS DEMOCRACY (Total admission fee $ 100 receipt number 0100-2088486.) (PACHIOS, HAROLD) Modified on 10/3/2019 to remove filer NCTA - INTERNET & TELEVISION ASSOCIATION and to add filers COMMUNITY TELEVISION ASSOCIATION OF MAINE, ALLIANCE FOR COMMUNITY MEDIA & ALLIANCE FOR COMMUNICATIONS DEMOCRACY (mnw).
October 3, 2019 Filing 41 CERTIFICATION for Admission Pro Hac Vice of James N. Horwood filed by HAROLD C. PACHIOS on behalf of COMMUNITY TELEVISION ASSOCIATION OF MAINE, ALLIANCE FOR COMMUNITY MEDIA & ALLIANCE FOR COMMUNICATIONS DEMOCRACY (Total admission fee $ 100 receipt number 0100-2088483.) (PACHIOS, HAROLD) Modified on 10/3/2019 to remove filer NCTA - INTERNET & TELEVISION ASSOCIATION and to add filers COMMUNITY TELEVISION ASSOCIATION OF MAINE, ALLIANCE FOR COMMUNITY MEDIA & ALLIANCE FOR COMMUNICATIONS DEMOCRACY (mnw).
October 3, 2019 Filing 40 CORPORATE DISCLOSURE STATEMENT by COMMUNITY TELEVISION ASSOCIATION OF MAINE, ALLIANCE FOR COMMUNITY MEDIA & ALLIANCE FOR COMMUNICATIONS DEMOCRACY. (PACHIOS, HAROLD) Modified on 10/3/2019 to remove filer NCTA - INTERNET & TELEVISION ASSOCIATION and to add filers COMMUNITY TELEVISION ASSOCIATION OF MAINE, ALLIANCE FOR COMMUNITY MEDIA & ALLIANCE FOR COMMUNICATIONS DEMOCRACY (mnw).
October 3, 2019 Filing 39 MOTION for Leave to File Amicus Brief by COMMUNITY TELEVISION ASSOCIATION OF MAINE, ALLIANCE FOR COMMUNITY MEDIA & ALLIANCE FOR COMMUNICATIONS DEMOCRACY. Responses due by 10/24/2019. (Attachments: #1 Brief, #2 Exhibit)(PACHIOS, HAROLD) Modified on 10/3/2019 to remove filer NCTA - INTERNET & TELEVISION ASSOCIATION and to add filers COMMUNITY TELEVISION ASSOCIATION OF MAINE, ALLIANCE FOR COMMUNITY MEDIA & ALLIANCE FOR COMMUNICATIONS DEMOCRACY (mnw). Modified on 10/3/2019 (mnw).
October 3, 2019 Filing 38 **FILED IN ERROR** NOTICE of Appearance by HAROLD C. PACHIOS on behalf of NCTA - INTERNET & TELEVISION ASSOCIATION (PACHIOS, HAROLD) Modified on 10/3/2019 to add filed in error notation - counsel to re-file (mnw).
October 1, 2019 Reset Deadlines as to #36 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim : Per the schedule established at the September 19, 2019 telephone conference: Responses due by 10/9/2019. Reply due by 10/16/2019. (mnw)
October 1, 2019 Reset Deadlines as to #3 MOTION for Preliminary Injunction : Per the schedule established at the September 19, 2019 telephone conference: Reply due by 10/9/2019. (mnw)
September 30, 2019 Filing 37 RESPONSE to Motion re #3 MOTION for Preliminary Injunction filed by TOWN OF FREEPORT MAINE, TOWN OF NORTH YARMOUTH MAINE. Reply due by 10/15/2019. (Attachments: #1 Declaration of Rosemary Roy, #2 Exhibit A to Roy Declaration, #3 Declaration of Peter Joseph, #4 Exhibit A to Joseph Declaration)(ALBERT, EBEN) Modified on 10/1/2019 to clean up duplicate exhibit text (mnw).
September 30, 2019 Filing 36 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by TOWN OF FREEPORT MAINE, TOWN OF NORTH YARMOUTH MAINE Responses due by 10/21/2019. (ALBERT, EBEN)
September 30, 2019 Filing 35 AFFIDAVIT of William R. Bridgeo re #24 Response in Opposition to Motion filed by AARON FREY. (TAUB, CHRISTOPHER)
September 30, 2019 Filing 34 AFFIDAVIT of Dawn Waisanen re #24 Response in Opposition to Motion filed by AARON FREY. (TAUB, CHRISTOPHER)
September 30, 2019 Filing 33 AFFIDAVIT of Tom Handel re #24 Response in Opposition to Motion filed by AARON FREY. (TAUB, CHRISTOPHER)
September 30, 2019 Filing 32 AFFIDAVIT of Ronald J. Silvia re #24 Response in Opposition to Motion filed by AARON FREY. (TAUB, CHRISTOPHER)
September 30, 2019 Filing 31 AFFIDAVIT of Dennis Lajoie re #24 Response in Opposition to Motion filed by AARON FREY. (TAUB, CHRISTOPHER)
September 30, 2019 Filing 30 AFFIDAVIT of Steve Eldridge re #24 Response in Opposition to Motion filed by AARON FREY. (TAUB, CHRISTOPHER)
September 30, 2019 Filing 29 AFFIDAVIT of Andrew Collar re #24 Response in Opposition to Motion filed by AARON FREY. (TAUB, CHRISTOPHER)
September 30, 2019 Filing 28 AFFIDAVIT of Christopher G.L. Hall re #24 Response in Opposition to Motion filed by AARON FREY. (TAUB, CHRISTOPHER)
September 30, 2019 Filing 27 AFFIDAVIT of Patrick Bonsant re #24 Response in Opposition to Motion filed by AARON FREY. (TAUB, CHRISTOPHER)
September 30, 2019 Filing 26 AFFIDAVIT of William Giroux re #24 Response in Opposition to Motion filed by AARON FREY. (TAUB, CHRISTOPHER)
September 30, 2019 Filing 25 AFFIDAVIT of Anthony Vigue re #24 Response in Opposition to Motion filed by AARON FREY. (Attachments: #1 Exhibit - A (Spectrum Channel Lineup), #2 Exhibit - B (Spectrum Channel Line Up for Augusta Area), #3 Exhibit - C (Excerpt of Spectrum Programming Guide), #4 Exhibit - D (Excerpt of Spectrum Programming Guide Showing "Local" Stations))(TAUB, CHRISTOPHER)
September 30, 2019 Filing 24 RESPONSE in Opposition re #3 MOTION for Preliminary Injunction filed by AARON FREY. Reply due by 10/15/2019. (Attachments: #1 Exhibit - A (Order from Hawaii Department of Commerce and Consumer Affairs))(TAUB, CHRISTOPHER)
September 26, 2019 Opinion or Order Filing 23 ORDER granting #22 Motion for Leave to File. By JUDGE NANCY TORRESEN. (bcs)
September 26, 2019 Filing 22 Unopposed MOTION for Leave to File 25-Page Brief in Opposition to Plaintiff's Preliminary Injunction Motion by AARON FREY Responses due by 10/17/2019. (TAUB, CHRISTOPHER)
September 26, 2019 Filing 21 NOTICE OF HEARING re #3 MOTION for Preliminary Injunction : **LOCATION CHANGE ONLY** Motion Hearing set for 10/23/2019 at 10:00 AM before JUDGE NANCY TORRESEN will now take place in Portland Courtroom 1. (mnw)
September 20, 2019 Filing 20 NOTICE of Appearance by PHILIP R. SAUCIER on behalf of TOWN OF FREEPORT MAINE, TOWN OF NORTH YARMOUTH MAINE (SAUCIER, PHILIP)
September 20, 2019 Filing 19 NOTICE OF HEARING re #3 MOTION for Preliminary Injunction : Motion Hearing set for 10/23/2019 at 10:00 AM in Portland Courtroom 2 before JUDGE NANCY TORRESEN. (mnw)
September 19, 2019 Set Deadlines : Any Motions to Dismiss due by 9/30/2019. Responses due by 10/9/2019. Replies due by 10/16/2019. (mnw)
September 19, 2019 Reset Deadlines as to #3 MOTION for Preliminary Injunction : Responses due by 9/30/2019. Reply due by 10/9/2019. (mnw)
September 19, 2019 Opinion or Order Filing 18 ORAL ORDER granting in part #9 Motion to Expedite Briefing and Set a Hearing on Plaintiff's Motion for a Prelimianry Injunction - By JUDGE NANCY TORRESEN. (mnw)
September 19, 2019 Filing 17 Minute Entry for proceedings held before JUDGE NANCY TORRESEN. Telephone Conference held. (Court Reporter: Tammy Martell) (mnw)
September 18, 2019 Filing 16 NOTICE of Appearance by EBEN M. ALBERT on behalf of TOWN OF FREEPORT MAINE, TOWN OF NORTH YARMOUTH MAINE (ALBERT, EBEN)
September 18, 2019 Filing 15 NOTICE/CORRESPONDENCE Re: Certification of Compliance with Order Regarding Notice of Telephonic Conference by NCTA - INTERNET & TELEVISION ASSOCIATION (DUNLAP, JOSHUA)
September 17, 2019 Set Deadlines - Per Order #13: Certification from plaintiff's counsel due by 5:00 p.m. on 9/18/2019. (mnw)
September 17, 2019 Filing 14 NOTICE OF HEARING: Telephone Conference set for 9/19/2019 at 2:00 PM before JUDGE NANCY TORRESEN. Counsel for the plaintiff to coordinate the call in accordance with Order #13. (mnw)
September 17, 2019 Opinion or Order Filing 13 ORDER - The Clerk's Office is directed to schedule a telephone conference with all the parties for Thursday, September 19, 2019 at 2:00 p.m. Counsel for the plaintiff is directed to contact counsel for all defendants to notify them about the conference and to provide call in information. Counsel for the plaintiff shall provide the court with documentation no later than 5:00 p.m. on September 18, 2019 certifying that they have notified all defendants of the telephone conference. By JUDGE NANCY TORRESEN. (mnw)
September 17, 2019 Set Answer Deadlines for TOWN OF FREEPORT MAINE & TOWN OF NORTH YARMOUTH MAINE - Per Waivers of Service Executed #12: Answers due by 11/15/2019. (mnw)
September 16, 2019 Filing 12 WAIVER OF SERVICE Returned Executed TOWN OF FREEPORT MAINE waiver sent on 9/16/2019; TOWN OF NORTH YARMOUTH MAINE waiver sent on 9/16/2019. (Attachments: #1 North Yarmouth Waiver)(CONNORS, CATHERINE)
September 16, 2019 Opinion or Order Filing 11 ORDER reserving ruling #9 Motion to Expedite Briefing. The docket does not show service of process on all of the Defendants. Once service has been made and attorney appearances have been entered, the Court will convene a conference of counsel. By JUDGE NANCY TORRESEN. (MMB)
September 16, 2019 Filing 10 NOTICE of Appearance by CHRISTOPHER C. TAUB on behalf of AARON FREY (TAUB, CHRISTOPHER)
September 16, 2019 Case Randomly Reassigned to JUDGE NANCY TORRESEN. JUDGE D. BROCK HORNBY no longer assigned to the case. (mjlt)
September 13, 2019 Filing 9 Joint MOTION to Expedite Briefing and Set a Hearing on Plaintiff's Motion for a Prelimianry Injunction by NCTA - INTERNET & TELEVISION ASSOCIATION Responses due by 10/4/2019. (Attachments: #1 Proposed Order)(DUNLAP, JOSHUA)
September 13, 2019 Set Deadlines as to AARON FREY re: #3 MOTION for Preliminary Injunction per waiver of service returned 9/13/19: Responses due by 10/4/2019. (clp)
September 13, 2019 Set Answer Deadline for AARON FREY in accordance with ECF #7: Answer due by 11/12/2019. (clp)
September 13, 2019 Filing 8 NOTICE of Appearance by CATHERINE R. CONNORS on behalf of NCTA - INTERNET & TELEVISION ASSOCIATION (CONNORS, CATHERINE)
September 13, 2019 Filing 7 WAIVER OF SERVICE Returned Executed AARON FREY waiver sent on 9/12/2019. (CONNORS, CATHERINE)
September 12, 2019 Set Deadlines: Attorney HOWARD J. SYMONS, JESSICA RING AMUNSON, ZACHARY C. SCHAUF shall register for the District of Maine's Electronic Case Filing (ECF) System by 9/17/2019. Registration Forms are available on the Court's website #http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (clp)
September 12, 2019 Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-2077635.), filed by NCTA - INTERNET & TELEVISION ASSOCIATION.(DUNLAP, JOSHUA)
September 12, 2019 Filing 6 CERTIFICATION for Admission Pro Hac Vice of Jessica Ring Amunson, Zachary Schauf, Howard Symons filed by JOSHUA D. DUNLAP on behalf of NCTA - INTERNET & TELEVISION ASSOCIATION (Total admission fee $ 300 receipt number 0100-2077577.) (Attachments: #1 Certification for Admission PHV - Schauf, #2 Certification for Admission PHV - Symons)(DUNLAP, JOSHUA)
September 12, 2019 Filing 5 Summons Issued as to AARON FREY, TOWN OF FREEPORT MAINE, TOWN OF NORTH YARMOUTH MAINE. 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 TOWN OF FREEPORT, MAINE summons, #2 TOWN OF NORTH YARMOUTH, MAINE summons)(bfa)
September 12, 2019 Filing 4 CORPORATE DISCLOSURE STATEMENT by NCTA - INTERNET & TELEVISION ASSOCIATION. (bfa)
September 12, 2019 Filing 3 MOTION for Preliminary Injunction by NCTA - INTERNET & TELEVISION ASSOCIATION (Attachments: #1 eclaration of Adam Falk, #2 Declaration of Mark Reilly)(bfa)
September 12, 2019 Filing 2 CIVIL COVER SHEET. (bfa)
September 12, 2019 Filing 1 COMPLAINT against AARON FREY, TOWN OF FREEPORT MAINE, TOWN OF NORTH YARMOUTH MAINE 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 NCTA - INTERNET & TELEVISION ASSOCIATION. (Service of Process Deadline 12/11/2019) Fee due by 9/16/2019.(bfa)

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Defendant: AARON FREY
Represented By: CHRISTOPHER C. TAUB
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Defendant: TOWN OF NORTH YARMOUTH MAINE
Represented By: EBEN M. ALBERT
Represented By: PHILIP R. SAUCIER
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Defendant: TOWN OF FREEPORT MAINE
Represented By: EBEN M. ALBERT
Represented By: PHILIP R. SAUCIER
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Plaintiff: NCTA - INTERNET & TELEVISION ASSOCIATION
Represented By: HOWARD J. SYMONS
Represented By: JESSICA RING AMUNSON
Represented By: ZACHARY C. SCHAUF
Represented By: JOSHUA D. DUNLAP
Represented By: CATHERINE R. CONNORS
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Petitioner: COMMUNITY TELEVISION ASSOCIATION OF MAINE
Represented By: TILLMAN L. LAY
Represented By: JAMES N. HORWOOD
Represented By: JEFFREY M. BAYNE
Represented By: HAROLD C. PACHIOS
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Petitioner: ALLIANCE FOR COMMUNICATIONS DEMOCRACY
Represented By: TILLMAN L. LAY
Represented By: JAMES N. HORWOOD
Represented By: JEFFREY M. BAYNE
Represented By: HAROLD C. PACHIOS
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Petitioner: ALLIANCE FOR COMMUNITY MEDIA
Represented By: TILLMAN L. LAY
Represented By: JAMES N. HORWOOD
Represented By: JEFFREY M. BAYNE
Represented By: HAROLD C. PACHIOS
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