NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION v. RAIMONDO et al
| NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION and JERRY LEEMAN |
| GINA RAIMONDO, NATIONAL MARINE FISHERIES SERVICE, JANET COIT and SAMUEL D RAUCH, III |
| 2:2023cv00339 |
| September 8, 2023 |
| US District Court for the District of Maine |
| KAREN FRINK WOLF |
| JOHN A WOODCOCK |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Set Deadlines as to NATIONAL MARINE FISHERIES SERVICE: Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 11/9/2023. (clp) |
| Filing 38 ANSWER to #13 Amended Complaint by JANET COIT, NATIONAL MARINE FISHERIES SERVICE, GINA RAIMONDO, SAMUEL D RAUCH, III.(TURNER, FREDERICK) |
| Filing 37 NOTICE/CORRESPONDENCE Re: Lodging of Administrative Record by All Defendants (Attachments: #1 Exhibit Administrative Record Certification, #2 Exhibit Administrative Record Index)(TURNER, FREDERICK) |
| Set Deadlines Per Order No. 35: Administrative Record due by 11/2/2023. (jad) |
Filing 36
ORDER granting #12 Motion to Expedite Proceedings By JUDGE JOHN A. WOODCOCK, JR. (jad)
|
|
Filing 35
ORDER granting #26 Motion for Approval of Local Rule 56(h) Schedule By JUDGE JOHN A. WOODCOCK, JR. (jad)
|
| Filing 34 Supplement to #26 Joint Motion for Approval of Local Rule 56(h) Schedule by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION (NEWTON, MEGAN) Modified on 10/23/2023 to link to the motion (jad). |
| Set Deadlines per Order No. 35: Motions for Summary Judgment due by 11/8/2023. Defendants combined cross-motion for summary judgment and opposition to Plaintiff's motion due December 1, 2023. Plaintiff's combined opposition to due December 19, 2023. Defendants reply in support of cross-motion due January 10, 2024. (jad) |
| Reset Answer Deadline per Order No. 35: Answer due by 11/2/2023. (jad) Modified on 10/25/2023 to remove reference to administrative record (jad). |
|
Filing 33
ORDER re #26 JOINT MOTION for Approval of Local Rule 56(h) Schedule filed by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION: The Court received and reviewed the parties' Joint Motion for Approval of Local Rule 56(h) Schedule (ECF No. 26). The Court is amenable to the schedule proposed and to exceeding the page limits under District of Maine Local Rule 7(d) as suggested. However, before issuing an order, the Court seeks clarification from counsel as to the contemplated procedural status of the motion, the law the Court should apply to disputed facts, and the factual underpinnings of the contemplated motion. Although the parties refer to Rule 56, there is no mention of the submission of statements of material fact required under Local Rule 56(b), (c) and (d). By contrast, the parties mention filing an administrative record. The parties seem to have in mind a hybrid motion, using an administrative record in lieu of evidence and the summary judgment mechanism to brief the law, but it is not clear. The Court is curious what procedural mechanism the parties contemplate. One alternative under First Circuit law is for the parties to submit the case to judgment on a stipulated record. In so doing, the parties empower the Court to decide any significant issues of material fact that [the judge] discovers.... OneBeacon Am. Ins. Co. v. Johnnys Selected Seeds, Inc., No. 1:12-cv-00375-JAW, 2014 U.S. Dist. LEXIS 53098, at *2-3 (D. Me. Apr. 17, 2014); Boston Five Cents Sav. Bank v. Secy of Dept of Hous. & Urban Dev., 768 F.2d 5, 11-12 (1st Cir. 1985). The Court ORDERS the parties to supplement their Joint Motion for Approval of Local Rule 56(h) Schedule within seven days to clarify how they contemplate proceeding. SO ORDERED. By JUDGE JOHN A. WOODCOCK, JR. (jad)
|
| Filing 32 SUMMONS Returned Executed by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION. DARCIE N MCELWEE served on 9/29/2023. (ZHANG, ALEXIS) |
| Filing 31 SUMMONS Returned Executed by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION. MERRICK B GARLAND served on 9/27/2023. (ZHANG, ALEXIS) |
| Filing 30 SUMMONS Returned Executed by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION. SAMUEL D RAUCH, III served on 10/2/2023. (ZHANG, ALEXIS) |
| Filing 29 SUMMONS Returned Executed by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION. GINA RAIMONDO served on 10/2/2023. (ZHANG, ALEXIS) |
| Filing 28 SUMMONS Returned Executed by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION. NATIONAL MARINE FISHERIES SERVICE served on 10/2/2023. (ZHANG, ALEXIS) |
| Filing 27 SUMMONS Returned Executed by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION. JANET COIT served on 10/2/2023. (ZHANG, ALEXIS) |
| Set Answer Deadline for JANET COIT, NATIONAL MARINE FISHERIES SERVICE, GINA RAIMONDO, SAMUEL D RAUCH III per executed summons 27-30: Answer due by 12/1/2023. (jad) |
| Set Deadlines per Order No. 33: Supplement to Joint Motion for Approval of Local Rule 56(h) schedule due by 10/24/2023. (jad) |
| Filing 26 JOINT MOTION for Approval of Local Rule 56(h) Schedule by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION (NEWTON, MEGAN) |
| Filing 25 NOTICE of Appearance by JOHN G. OSBORN on behalf of All Defendants (OSBORN, JOHN) |
| Filing 24 RESPONSE to Motion re #12 MOTION Expedite Proceedings filed by JANET COIT, NATIONAL MARINE FISHERIES SERVICE, GINA RAIMONDO, SAMUEL D RAUCH, III. Reply due by 10/24/2023. (TURNER, FREDERICK) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION. (NEWTON, MEGAN) |
| Filing 22 NOTICE of Appearance by FREDERICK H. TURNER on behalf of All Defendants (TURNER, FREDERICK) |
| Filing 21 NOTICE of Docket Entry Modification regarding Set Answer Deadlines: Modified by the Clerk's office to reflect that they were filed in error as they contain incorrect answer deadline calculations. Additionally, the parties Darcie McElwee and Merrick Garland have been removed from the docket. (jad) |
| Set Answer Deadline for JANET COIT, NATIONAL MARINE FISHERIES SERVICE, GINA RAIMONDO, SAMUEL D RAUCH III per executed summons No. 15, 16, 17, 18: Answer due by 11/17/2023. (jad) |
| Filing 20 AFFIDAVIT of Service by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION. DARCIE N MCELWEE served on 9/18/2023. (ZHANG, ALEXIS) |
| Filing 19 AFFIDAVIT of Service by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION. MERRICK B GARLAND served on 9/20/2023. (ZHANG, ALEXIS) |
| Filing 18 SUMMONS Returned Executed by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION. SAMUEL D RAUCH, III served on 9/14/2023. (ZHANG, ALEXIS) |
| Filing 17 SUMMONS Returned Executed by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION. GINA RAIMONDO served on 9/14/2023. (ZHANG, ALEXIS) |
| Filing 16 SUMMONS Returned Executed by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION. NATIONAL MARINE FISHERIES SERVICE served on 9/14/2023. (ZHANG, ALEXIS) |
| Filing 15 SUMMONS Returned Executed by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION. JANET COIT served on 9/14/2023. (ZHANG, ALEXIS) |
| **FILED IN ERROR** Set Answer Deadline for DARCIE MCELWEE per executed summons No. 20: Answer due by 10/10/2023. (jad) Modified on 9/28/2023 to indicate filed in error (jad). |
| **FILED IN ERROR** Set Answer Deadline for MERRICK GARLAND per executed summons No. 19: Answer due by 10/11/2023. (jad) Modified on 9/28/2023 to indicate filed in error (jad). |
| **FILED IN ERROR** Set Answer Deadline for JANET COIT, NATIONAL MARINE FISHERIES SERVICE, GINA RAIMONDO, SAMUEL D RAUCH III per executed summons No. 15, 16, 17, 18: Answer due by 10/5/2023. (jad) Modified on 9/28/2023 to indicate filed in error (jad). |
| Filing 14 Summons Issued as to JANET COIT, NATIONAL MARINE FISHERIES SERVICE, GINA RAIMONDO, SAMUEL D RAUCH, III. 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 US AG Garland, #2 Summons US Atty McElwee, #3 Summons NMFS, #4 Summons Raimondo, #5 Summons Rauch)(jad) |
| Filing 13 First AMENDED COMPLAINT against JANET COIT, NATIONAL MARINE FISHERIES SERVICE, GINA RAIMONDO, SAMUEL D RAUCH, III, filed by NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION. (Service of Process Deadline 12/21/2023)(NEWTON, MEGAN) |
| Filing 12 MOTION Expedite Proceedings by JERRY LEEMAN, NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION Responses due by 10/11/2023. (NEWTON, MEGAN) |
| Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney JAMES BURNHAM, JOHN HENRY THOMPSON must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 10/4/2023. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (jad) |
| Filing 11 CERTIFICATION for Admission Pro Hac Vice of Alexis Zhang filed by MEGAN SOWARDS NEWTON on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2855424.) 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 (NEWTON, MEGAN) |
| Filing 10 CERTIFICATION for Admission Pro Hac Vice of John Henry Thompson filed by MEGAN SOWARDS NEWTON on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2855422.) 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 (NEWTON, MEGAN) |
| Filing 9 CERTIFICATION for Admission Pro Hac Vice of Louis J. Capozzi filed by MEGAN SOWARDS NEWTON on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2855420.) 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 (NEWTON, MEGAN) |
| Filing 8 CERTIFICATION for Admission Pro Hac Vice of James Burnham filed by MEGAN SOWARDS NEWTON on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2855418.) 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 (NEWTON, MEGAN) |
| Filing 7 CERTIFICATION for Admission Pro Hac Vice of Brett A. Shumate filed by MEGAN SOWARDS NEWTON on behalf of All Plaintiffs (Total admission fee $ 100 receipt number AMEDC-2855416.) 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 Attachment-Admissions)(NEWTON, MEGAN) |
| Filing 6 Summons Issued as to JANET COIT, NATIONAL MARINE FISHERIES SERVICE, GINA RAIMONDO, SAMUEL D RAUCH, III. 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 AG summons, #2 US Attorney summons)(jad) |
| Filing 5 NOTICE of Docket Entry Modification regarding #4 Summons Issued: Docket entry modified by the Clerk's Office to indicate filed in error as summons improperly issued as to non-named parties. (jad) |
| Filing 4 **FILED IN ERROR** Summons Issued as to All Plaintiffs. 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 Bellavance, #2 Summons Brawn, #3 Summons Tracy, #4 Summons Patterson, #5 Summons Salerno, #6 Summons Hansen, #7 Summons Reid, #8 Summons Garland, #9 Summons Odell, #10 Summons Pappalardo, #11 Summons Alexander, #12 Summons Griffin, #13 Summons Pentony, #14 Summons Pierdinock, #15 Summons Ware, #16 Summons McElwee, #17 Summons NEFMC, #18 Summons Aarrestad, #19 Summons Whalen, #20 Summons Olszewski)(jad) Modified on 9/14/2023 to add filed in error as summons improperly issued as to non-named parties (jad). |
| Filing Fee Received from JERRY LEEMAN: Amount Paid: 402.00. Receipt Number: AMEDC-2851982. Method of Payment: credit card. Purpose of Payment: Filing Fee. Date Paid: 09/11/2023 (jad) |
| Reset Deadlines : Filing Fee due by 9/15/2023. (jad) |
| 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 NMFS summons, #2 Raimondo summons, #3 Coit summons)(jad) |
| Filing 2 CIVIL COVER SHEET. (jad) |
| Filing 1 COMPLAINT against All Defendants 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 NEW ENGLAND FISHERMEN'S STEWARDSHIP ASSOCIATION, JERRY LEEMAN. (Service of Process Deadline 12/7/2023) Fee due by 9/11/2023.(jad) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Maine District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
