Thivierge v. Town of Amesbury et al
| James N. Thivierge |
| Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk and Agent of Library |
| 1:2008cv10123 |
| January 25, 2008 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Essex |
| Patti B. Saris |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on December 23, 2010. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 124 Response by James N. Thivierge to Order on Motion for Reconsideration. (Attachments: # 1 Order, # 2 Brief filed in Newburyport District Court)(Patch, Christine) |
| Filing 123 MOTION for Reconsideration re Order on Motion for Reconsideration by James N. Thivierge.(Patch, Christine) |
| Filing 122 MOTION for Reconsideration re Order on Motion for Transcripts by James N. Thivierge.(Patch, Christine) |
| Judge Patti B. Saris: ELECTRONIC ORDER entered entered 122 Motion for Reconsideration re Order on Motion for Transcripts. "Please explain what the hearing was about and why you need a transcript." (Patch, Christine) |
| Judge Patti B. Saris: ELECTRONIC ORDER entered denying 119 Motion for Transcript at Government Expense. "Denied without prejudice. Explain why you need the transcript." (Patch, Christine) |
| Filing 121 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
| Filing 119 MOTION for Transcript at Government Expense by James N. Thivierge.(Patch, Christine) |
| TRANSCRIPT ORDER ACKNOWLEDGMENT FORM received from USCA and addressed to Lee Marzilli re 98 Notice of Appeal,, Transcript order form filed in USCA on August 17, 2010.Transcript ordered 3/12/08 Pretrial Conference. Transcript due by 10/18/2010. (Scalfani, Deborah) |
| Filing 109 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
| Filing 108 Transcript of Jury Trial Day Four held on February 4, 2010, before Judge Patti B. Saris. COA Case No. 10-1389. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 6/28/2010. Redacted Transcript Deadline set for 7/8/2010. Release of Transcript Restriction set for 9/7/2010. (Scalfani, Deborah) |
| Filing 107 Transcript of Jury Trial Day Three held on February 3, 2010, before Judge Patti B. Saris. COA Case No. 10-1389. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 6/28/2010. Redacted Transcript Deadline set for 7/8/2010. Release of Transcript Restriction set for 9/7/2010. (Scalfani, Deborah) |
| Filing 106 Transcript of Jury Trial Day Two held on February 2, 2010, before Judge Patti B. Saris. COA Case No. 10-1389. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 6/28/2010. Redacted Transcript Deadline set for 7/8/2010. Release of Transcript Restriction set for 9/7/2010. (Scalfani, Deborah) |
| Filing 105 Transcript of Jury Trial Day One held on February 1, 2010, before Judge Patti B. Saris. COA Case No. 10-1389. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 6/28/2010. Redacted Transcript Deadline set for 7/8/2010. Release of Transcript Restriction set for 9/7/2010. (Scalfani, Deborah) |
| Filing 104 Supplemental Record on Appeal transmitted to US Court of Appeals re 98 Notice of Appeal, Documents included: 103 (Ramos, Jeanette) |
| Filing 103 Judge Patti B. Saris: ORDER entered granting 101 Motion for Leave to Appeal in forma pauperis (PSSA, 3) |
| Filing 102 Notes for Robert Alba, filed by James Thivierge. (Patch, Christine) |
| Filing 101 MOTION for Leave to Appeal in forma pauperis by James N. Thivierge.(Patch, Christine) |
| TRANSCRIPT ORDER ACKNOWLEDGMENT FORM received from USCA and addressed to Lee Marzilli re 98 Notice of Appeal,, Transcript order form filed in USCA on April 9, 2010. Transcripts ordered: Jury Trial and questions 2/1/10 through 2/4/10. Transcripts due by 6/8/2010. (Scalfani, Deborah) |
| Judge Patti B. Saris: ELECTRONIC ORDER entered re 99 Transcript Order Form filed by James N. Thivierge. "I authorize everything except pretrial proceedings." (Patch, Christine) |
| USCA Case Number 10-1389 for 98 Notice of Appeal, filed by James N. Thivierge. (Ramos, Jeanette) |
| Filing 100 Certified and Transmitted Full Record on Appeal to US Court of Appeals re 98 Notice of Appeal, (Attachments: # 1 Docket Sheet)(Ramos, Jeanette) |
| Filing 99 TRANSCRIPT ORDER FORM by James N. Thivierge for proceedings held on 2/1/10 - 2/4/10 before Judge Patti B. Saris.. (Attachments: # 1 Notice of Appeal)(Patch, Christine) |
| Filing 98 NOTICE OF APPEAL as to 96 Judgment by James N. Thivierge NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm. Appeal Record due by 3/30/2010. (Patch, Christine) |
| Filing 96 Judge Patti B. Saris: ORDER entered. JUDGMENT in favor of Defendants against Plaintiff(Patch, Christine) |
| Filing 95 JURY VERDICT No. 2 in favor of Defendants against Plaintiff. (Patch, Christine) |
| Filing 94 JURY VERDICT No. 1. (Patch, Christine) |
| Filing 93 Court's Witness List for Jury Trial held 2/1/2010 through 2/4/2010. (Alba, Robert) |
| Filing 92 Court's Exhibit List for Jury Trial held 2/1/2010 through 2/4/2010. (Alba, Robert) |
| Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Jury Trial - Day Four held on 2/4/2010. Parties make closing arguments. Jury begins deliberations. Jury reports verdict at 3:53 PM. Court sends jury back to address potential inconsistent verdict. Jury issues second verdict at 4:02 PM. Verdict in favor of defendants. Jury discharged. (Court Reporter: Lee Marzilli.)(Attorneys present: Thivierge - Pro Se, Doyle) (Alba, Robert) |
| Filing 91 Supplemental Proposed Jury Instructions by Town of Amesbury, Mayor Kezer. (Doyle, Katharine) |
| Filing 90 MOTION for Judgment as a Matter of Law filed by Town of Amesbury, Mayor Kezer. (Doyle, Katharine) Modified on 2/9/2010 because incorrect document was attached (Patch, Christine). |
| Filing 89 Memorandum in Support of 90 MOTION for Judgment as a Matter of Law by Town of Amesbury, Mayor Kezer.(Doyle, Katharine) Modified on 2/9/2010 because incorrect image was attached (Patch, Christine). |
| Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Charge Conference held on 2/3/2010. (Court Reporter: Lee Marzilli.)(Attorneys present: Thivierge - Pro Se, Doyle) (Alba, Robert) |
| Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Jury Trial - Day Three held on 2/3/2010. (Court Reporter: Lee Marzilli.)(Attorneys present: Thivierge - Pro Se, Doyle) (Alba, Robert) |
| Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Jury Trial - Day Two held on 2/2/2010. (Court Reporter: Lee Marzilli.)(Attorneys present: Thivierge - Pro Se, Doyle) (Alba, Robert) |
| Filing 88 Proposed Voir Dire by all defendants. (Doyle, Katharine) |
| Filing 87 Proposed Jury Instructions by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Doyle, Katharine) |
| Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Jury Trial - Day One held on 2/1/2010. Jury impaneled. Parties make opening statements. Plaintiff begins his case. (Court Reporter: Lee Marzilli.)(Attorneys present: Thivierge - Pro Se, Doyle) (Alba, Robert) |
| ELECTRONIC NOTICE of JURY TRIAL. Jury Trial set for 2/1/2010 at 9:00 AM in Courtroom 19 before Judge Patti B. Saris. (Alba, Robert) |
| Filing 86 Letter to Judge Saris from James Thivierge re: issues to be brought to the jury. (Patch, Christine) |
| Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Final Pretrial Conference held on 12/9/2009. The 12/14/2009 trial is canceled. The Court informs the parties they will be on a rolling trial schedule and will be notified of a realistic trial date. (Court Reporter: Lee Marzilli.)(Attorneys present: Thivierge - Pro Se, Doyle) (Alba, Robert) |
| Judge Patti B. Saris: Electronic ORDER entered granting 81 Motion for Extension of Time to File Pre-Trial Conference Memorandum (Patch, Christine) |
| Filing 85 Objection to 79 Witness List, 80 Exhibit List by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Doyle, Katharine) |
| Filing 84 Disclosure pursuant to Rule 26 by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library.(Doyle, Katharine) |
| Filing 83 PRETRIAL MEMORANDUM by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Doyle, Katharine) |
| Filing 82 CERTIFICATE OF CONSULTATION re 81 MOTION for Extension of Time to Through to December 4, 2009 to File Pre-Trial Conference Memorandum. (Doyle, Katharine) |
| Filing 81 MOTION for Extension of Time to Through to December 4, 2009 to File Pre-Trial Conference Memorandum by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library.(Doyle, Katharine) |
| Filing 80 Exhibit List by James N. Thivierge.. (Attachments: # 1 Exhibit)(Patch, Christine) |
| Filing 79 Witness List by James N. Thivierge. (Patch, Christine) |
| Judge Patti B. Saris: Electronic ORDER entered granting 78 Motion for Extension of Time to Complete Discovery (Patch, Christine) |
| Filing 78 MOTION (in letter format) for Extension of Time to 11/23/09 to Complete Discovery by James N. Thivierge.(Patch, Christine) Modified on 11/17/2009 (Patch, Christine). |
| Filing 77 Judge Patti B. Saris: ORDER entered. PRETRIAL ORDER: Final Pretrial Conference set for 12/9/2009 02:00 PM in Courtroom 19 before Judge Patti B. Saris. Motions in limine due by 11/23/2009; responses due by 12/2/09. Joint Pretrial Memorandum due by 11/23/2009. Jury Trial set for 12/14/2009 09:00 AM in Courtroom 19 before Judge Patti B. Saris.(Patch, Christine) |
| Set/Reset Deadlines as to Responses due by 12/2/2009 (Patch, Christine) |
| Filing 76 Judge Patti B. Saris: ORDER entered denying 62 Motion for Summary Judgment (PSSA, 3) |
| Case no longer referred to Ch. Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) |
| Ch. Magistrate Judge Judith G. Dein: Electronic ORDER entered denying 74 Plaintiff's Motion for Clarification. As is clear from the court's ruling, in response to plaintiff's motion for summary judgment the defendant presented evidence showing that there are disputed issues of fact. Therefore, the plaintiff's motion for summary judgment was denied. The plaintiff was instructed to file an affidavit in response to the defendants' motion for summary judgment. The plaintiff filed that document as Docket No. 73. The defendants' motion for summary judgment remains under advisement. (Dambrosio, Jolyne) |
| Filing 75 Opposition re 74 MOTION for Clarification re Order on Motion for Summary Judgment, filed by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Doyle, Katharine) |
| Judge Patti B. Saris: Electronic ORDER entered REFERRING 74 MOTION for Clarification re Order on Motion for Summary Judgment, filed by James N. Thivierge to Ch. Magistrate Judge Judith G. Dein. (Alba, Robert) Motions referred to Judith G. Dein. |
| Filing 74 MOTION for Clarification re Order on Motion for Summary Judgment, by James N. Thivierge.(Patch, Christine) |
| Filing 73 AFFIDAVIT of James Thivierge in response to Order denying Motion for Summary Judgment. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2)(Patch, Christine) |
| Judge Patti B. Saris: Electronic ORDER entered denying 66 Motion for Summary Judgment. "Denied on the ground that defendant has presented evidence showing there are disputed issues of fact. Plaintiff must submit an affidavit concerning the facts he alleges and any disputes with respect to defendants' allegations." (Patch, Christine) |
| Filing 72 Letter from Barbara Morse, Pro Se Office, to plaintiff James Thivierge instructing him to file an affidavit under the penalties of perjury as directed at today's hearing, and advising him to register for cm/ecf.(PSSA, 4) |
| Filing 71 REPLY to Response to 62 MOTION for Summary Judgment filed by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Attachments: # 1 Exhibit Affidavit of Thatcher Kezer)(Doyle, Katharine) |
| Judge Patti B. Saris: Electronic ORDER entered granting 69 MOTION for Leave to File Additional Papers in Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Alba, Robert) |
| Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Motion Hearing held on 12/18/2008 re 62 MOTION for Summary Judgment filed by Town of Amesbury, Town Clerk, Agent of Library, Mayor Kezer, Town Assessor, 66 MOTION for Summary Judgment filed by James N. Thivierge. Court hears argument of counsel. Plaintiff to answer affidavits under oath. Court takes motions under advisement. (Court Reporter: Lee Marzilli.)(Attorneys present: Thivierge (Pro Se), Doyle) (Alba, Robert) |
| Filing 70 CERTIFICATE OF CONSULTATION With Local Rule 7.1. (Doyle, Katharine) |
| Filing 69 MOTION for Leave to File Additional Papers in Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Attachments: # 1 Exhibit Affidavit of Thatcher Kezer, # 2 Exhibit Reply)(Doyle, Katharine) |
| Filing 68 Opposition re 62 MOTION for Summary Judgment filed by James N. Thivierge. (Attachments: # 1 Exhibit)(Patch, Christine) |
| Filing 67 Opposition re 66 MOTION for Summary Judgment filed by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Doyle, Katharine) |
| ELECTRONIC NOTICE issued requesting courtesy copy for 64 Statement of Material Facts L.R. 56.1, 65 Memorandum in Support of Motion, 63 Certificate of Consultation, 62 MOTION for Summary Judgment. Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) |
| Filing 66 MOTION for Summary Judgment by James N. Thivierge.(Patch, Christine) |
| Filing 65 MEMORANDUM in Support re 62 MOTION for Summary Judgment filed by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Doyle, Katharine) |
| Filing 64 Statement of Material Facts L.R. 56.1 re 62 MOTION for Summary Judgment filed by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Attachments: # 1 Exhibit Affidavit of Michaela Pelletier, # 2 Exhibit Affidavit of Marjorie Walker, # 3 Exhibit Affidavit of Laurie Pierce, # 4 Exhibit Affidavit of Kendra Amaral, # 5 Exhibit Exhibit D1, # 6 Exhibit Exhibit D2, # 7 Exhibit Affidavit of Sarah Seamans, # 8 Exhibit Affidavit of Kathleen McDonough, # 9 Exhibit Exhibit F1, # 10 Exhibit Exhibit F2, # 11 Exhibit Affidavit of Clare Dombrowksi, # 12 Exhibit Letter from Ms. Amaral to Thivierge, # 13 Exhibit March 21, 2007 Letter from Mr. Thivierge to Chairperson of the Library Trustees and Members, # 14 Exhibit April 25, 2007 Letter From Nancy George, # 15 Exhibit Affidavit of Elizabeth Nikas, # 16 Exhibit Affidavit of Patricia DiTullo, # 17 Exhibit Attachment L1, # 18 Exhibit September 14, 2007 Police Report, # 19 Exhibit September 14, 207 No Trespass Notice, # 20 Exhibit September 17, 2007 Letter From Mr. Thivierge to Mayor Kezer, # 21 Exhibit Septemer 19, 2007 Letter from Sergeant Gagnon to Mr. Thivierge, # 22 Exhibit November 23, 2007 Letter from Supervisor of Public Records to Mr. Thivierge, # 23 Exhibit Affidavit of Bonnijo Kitchen, # 24 Exhibit Attachment R1, # 25 Exhibit December 18, 2007 Police Report, # 26 Exhibit Affidavit of Mary Marino, # 27 Exhibit Attachment 1)(Doyle, Katharine) |
| Filing 63 CERTIFICATE OF CONSULTATION With Local Rule 7.1. (Doyle, Katharine) |
| Filing 62 MOTION for Summary Judgment by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library.(Doyle, Katharine) |
| Filing 61 Response to Interrogatories and Documents Request by James N. Thivierge. (Attachments: # 1 Exhibit Resume)(Patch, Christine) |
| Judge Patti B. Saris: Electronic ORDER entered granting 59 MOTION for Extension of Time to November 21, 2008 to File a Motion for Summary Judgment by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Alba, Robert) |
| Filing 59 MOTION for Extension of Time to November 21, 2008 to File a Motion for Summary Judgment by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library.(Doyle, Katharine) |
| Filing 58 CERTIFICATE OF CONSULTATION with Local Rule 7.1. (Doyle, Katharine) |
| Case no longer referred to Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) |
| ELECTRONIC NOTICE of RESCHEDULING. The Summary Judgment Hearing/Pretrial Conference previously set for 10/15/08 has been RESCHEDULED to 12/18/08 at 3:00 PM in Courtroom 19 before Judge Patti B. Saris. (Alba, Robert) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered denying 50 Plaintiff's Motion to Expand the Scope of the Action. Plaintiff has not asserted any facts to explain his claims, and has failed to define the basis for his legal claims. Therefore, the motion is denied for failure to comply with the pleading requirements of Fed. R. Civ. P. 8(a). (Dambrosio, Jolyne) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered granting in part and denying in part 55 Plaintiff's Motion for Extension of Time. Written discovery to be completed by 10/17/08; remaining discovery to be completed by 10/31/08; summary judgment motions due by 11/10/2008; oppositions due by 11/24/08. A hearing on any motions for summary judgment shall be set by the court at a later date. (Dambrosio, Jolyne) |
| Filing 56 RESPONSE to Motion re 55 MOTION for Extension of Time filed by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Doyle, Katharine) |
| Filing 55 MOTION for Extension of Time by James N. Thivierge.(Patch, Christine) |
| Judge Patti B. Saris: Electronic ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS for 48 Report and Recommendations, Action on motion: allowing in part and denying in part. "I adopt the Report and Recommendation without opposition and adopt the proposed order."(Patch, Christine) |
| Filing 54 Judge Patti B. Saris: ORDER entered. (Patch, Christine) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered regarding 52 Plaintiff's Motion to Expand Scope of Action. The Motion is denied for failure to contain a short and plain statement of the claims proposed to be asserted as required by Fed. R. Civ. P. 8(a). (Dambrosio, Jolyne) |
| Filing 53 Opposition re 52 MOTION to Amend filed by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Doyle, Katharine) |
| Filing 51 Opposition re 50 MOTION to Amend filed by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Doyle, Katharine) |
| Filing 52 MOTION to Expand the Scope of the Action by James N. Thivierge.(Patch, Christine) |
| Motions terminated: 46 MOTION to Dismiss filed by James N. Thivierge. (Patch, Christine) |
| Notice of correction to docket made by Court staff. Correction: Document No. 46 terminated because: it was filed using the incorrect event. Please refer to Document No. 49 for corrected filing (Patch, Christine) |
| Filing 48 Magistrate Judge Judith G. Dein: ORDER entered. REPORT AND RECOMMENDATIONS re 26 Plaintiff's Motion for Preliminary Injunction, and ORDER on 34 & 47 Plaintiff's Motions for Clarification. Recommendation: that the Motion for Preliminary Injunction be allowed in part and denied in part. Objections to R&R due by 7/17/2008. (Dambrosio, Jolyne) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered denying 34 & 47 Plaintiff's Motions for Clarification for the reasons stated in Docket No. 48. (Dambrosio, Jolyne) |
| Filing 50 MOTION to Expand the Scope of the Action by James N. Thivierge.(Patch, Christine) |
| Filing 49 REPLY to Response to 26 MOTION for Preliminary Injunction filed by James N. Thivierge. Re-entered by court staff to correct data entry error. (Patch, Christine) |
| Filing 47 MOTION for Clarification by James N. Thivierge.(Patch, Christine) |
| Filing 46 Opposition to Motion for Summary Judgment and MOTION to Dismiss by James N. Thivierge.(Patch, Christine) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered denying without prejudice Plaintiff's 43 Motion for Leave to File Additional Papers and 44 Motion for Leave to File Excess Pages. Plaintiff may seek leave of court to file specific additional papers if necessary and/or a specific document in excess of 20 pages if appropriate. (Dambrosio, Jolyne) |
| Filing 45 Supplemental Opposition re 26 MOTION for Preliminary Injunction (Leave To File Granted on June 17, 2008) filed by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Attachments: # 1 Exhibit Affidavit of Michaela Pelletier, # 2 Exhibit Affidavit of Marjorie Walker, # 3 Exhibit Affidavit of Laurie Pierce, # 4 Exhibit July 29, 2005 Letter from Mr. Larkin to Mr. Thivierge, # 5 Exhibit Affidavit of Sarah Seamans, # 6 Exhibit Affidavit of Kathleen McDonough with attachment F1 and F2, # 7 Exhibit Affidavit of Clare Dombrowski with Attachments G1 and G2, # 8 Exhibit February 28, 2007 Letter from Ms. Amaral to Mr. Thivierge, # 9 Exhibit March 21, 2007 Letter from Mr. Thivierge to Chairperson of the Library Trustees and Members, # 10 Exhibit April 25, 2007 Letter from Nancy L. George, Chairperson of the Library Board of Trustees, # 11 Exhibit Affidavit of Elizabeth Nikas, # 12 Exhibit Affidavit of Patricia DiTullo, # 13 Exhibit September 14, 2007 Police Report, # 14 Exhibit September 14, 2007 No Trespass Notice, # 15 Exhibit September 17, 2007 Letter from Mr. Thivierge to Mayor Kezer, # 16 Exhibit September 19, 2007 Letter from Sergeant Gagnon to Mr. Thivierge, with exhibits, # 17 Exhibit November 23, 2007 Letter from Supervisor of Public Records to Mr. Thivierge, # 18 Exhibit Affidavit of Bonnijo Kitchen with Attachment R1, # 19 Exhibit December 18, 2007 Police Report)(Doyle, Katharine) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered granting 41 Defendants' Motion for Leave to File Additional Papers. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Dambrosio, Jolyne) |
| ELECTRONIC NOTICE issued requesting courtesy copy for 41 MOTION for Leave to File Additional Papers in Support of Their Motion For Summary Judgment On The Pleadings Pursuant to Local Rule 7.1(B)(3). Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office by. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Patch, Christine) |
| Filing 44 MOTION for Leave to File Excess Pages by James N. Thivierge.(Patch, Christine) |
| Filing 43 MOTION for Leave to File Additional Papers by James N. Thivierge.(Patch, Christine) |
| Filing 42 CERTIFICATE OF CONSULTATION with Local Rule 7.1. (Doyle, Katharine) |
| Filing 41 MOTION for Leave to File Additional Papers in Support of Their Motion For Summary Judgment On The Pleadings Pursuant to Local Rule 7.1(B)(3) by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Affidavit of Michaela Pelletier, # 3 Exhibit Affidavit of Marjorie Walker, # 4 Exhibit Affidavit of Laurie Pierce, # 5 Exhibit July 29, 2005 Letter from Mr. Larkin to Mr. Thivierge, # 6 Exhibit Affidavit of Sarah Seamans, # 7 Exhibit Affidavit of Kathleen McDonough with attachment 1 and 2, # 8 Exhibit Affidavit of Clare Dombrowski with attachments 1 and 2, # 9 Exhibit February 28, 2007 Letter from Ms. Amaral to Mr. Thivierge, # 10 Exhibit March 21, 2007 Letter from Mr. Thivierge to Chairperson of the Library Trustees and Members, # 11 Exhibit April 25, 2007 Letter from Nancy L. George, Chairperson of the Library Board of Trustees, # 12 Exhibit Affidavit of Elizabeth Nikas, # 13 Exhibit Affidavit of Patricia DiTullo, # 14 Exhibit September 14, 2007 Police Report, # 15 Exhibit September 14, 2007 No Trespass Notice, # 16 Exhibit September 17, 2007 Letter from Mr. Thivierge to Mayor Kezer, # 17 Exhibit September 19, 2007 Letter from Sergeant Gagnon to Mr. Thivierge, with exhibits, # 18 Exhibit November 23, 2007 Letter from Supervisor of Public Records to Mr. Thivierge, # 19 Exhibit Affidavit of Bonnijo Kitchen with attachment, # 20 Exhibit December 18, 2007 Police Report)(Doyle, Katharine) |
| Magistrate Judge Judith G. Dein: Electronic ORDER entered granting 38 Motion to Continue Hearing on Pending Motions. Motion hearing reset for 7/2/2008 12:00 PM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Irwin, Nancy) |
| Filing 39 CERTIFICATE OF CONSULTATION re 38 MOTION to Continue June 19, 2008 Hearing on Pending Motions to Any date except June 23, or July 7-11, 2008.. (Doyle, Katharine) |
| Filing 38 MOTION to Continue June 19, 2008 Hearing on Pending Motions to Any date except June 23, or July 7-11, 2008. by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library.(Doyle, Katharine) |
| ELECTRONIC NOTICE of Hearing on Motions: Plaintiff's 26 Motion for Preliminary Injunction and 34 MOTION for Clarification : Motion Hearing set for 6/19/2008 10:00 AM in Courtroom 15 before Magistrate Judge Judith G. Dein. (Dambrosio, Jolyne) |
| Filing 40 Response by James N. Thivierge to Electronic Endorsement ordering the town to "narrow to...least restrictive alternative" to balance the record. (Attachments: # 1 Exhibit One)(Patch, Christine) |
| Judge Judge Patti B. Saris: ELECTRONIC ENDORSEMENT re 37 Status Report filed by Town of Amesbury, Town Clerk, Agent of Library, Mayor Kezer, Town Assessor. "Thivierge shall respond to defendants' counsel's offer to find less restrictive alternatives." (Patch, Christine) |
| Filing 37 STATUS REPORT by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Doyle, Katharine) |
| Filing 36 Letter to Judge Saris from James N. Thivierge. (Patch, Christine) |
| Judge Patti B. Saris: Electronic ORDER entered REFERRING case to Magistrate Judge Judith G. Dein for Full Pretrial Case Management, not including dispositive motions, Report and Recommendation on 26 Motion for Preliminary Injunction, and ruling on 34 MOTION for Clarification. (Alba, Robert) Motions referred to Judith G. Dein. |
| Filing 35 REPORT of Alternative Dispute Resolution Provider (Clarke, Barbara) |
| Judge Patti B. Saris: Electronic ORDER entered re 30 Opposition re 26 MOTION for Preliminary Injunction filed by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. "I will address the motion for a preliminary injunction after the mediation." |
| Judge Patti B. Saris: Electronic ORDER entered denying 31 MOTION for Reconsideration of April 28, 2008 Order by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. "Denied. The town must work with Mr. Thivierge to narrow any no trespass order so that it is the least restrictive alternative." |
| Judge Patti B. Saris: Electronic ORDER entered denying 25 Motion to Amend. "This does not comply with Rule 8 because it does not contain a short and plain statement of the claims." (Patch, Christine) |
| Filing 33 MEMORANDUM in Support re 31 MOTION for Reconsideration of April 28, 2008 Order and Opposition to Plaintiff's Renewed Motion for Preliminary Injunction filed by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Attachments: # 1 Exhibit Affidavit of Bonnijo Kitchin, # 2 Exhibit Guide, # 3 Exhibit Affidavit of Katharine I. Doyle)(Doyle, Katharine) Modified on 4/30/2008 (Abaid, Kimberly). |
| Filing 32 CERTIFICATE OF CONSULTATION With Local Rule 7.1. (Doyle, Katharine) |
| Filing 31 MOTION for Reconsideration of April 28, 2008 Order by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library.(Doyle, Katharine) |
| Filing 30 Opposition re 26 MOTION for Preliminary Injunction filed by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Doyle, Katharine) |
| Filing 29 Opposition re 25 MOTION to Amend Plaintiff's Complaint filed by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Doyle, Katharine) |
| Judge Patti B. Saris: Electronic ORDER entered regarding 26 MOTION for Preliminary Injunction by James N. Thivierge. "The Town shall file forthwith afdfidavits explaining the basis for the "No Tresspass Order" and setting forth less restrictive alternatives, if any." |
| Judge Patti B. Saris: Electronic ORDER entered granting 28 MOTION for Extension of Time to Monday, April 28, 2008 to File Response/Reply To Plaintiff's Motion to Amend Complaint by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. Responses due by 4/28/2008. (Alba, Robert) |
| Filing 34 MOTION to Clarify Discovery by James N. Thivierge.(Abaid, Kimberly) |
| Filing 28 MOTION for Extension of Time to Monday, April 28, 2008 to File Response/Reply To Plaintiff's Motion to Amend Complaint by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library.(Doyle, Katharine) |
| Filing 27 CERTIFICATE OF CONSULTATION with Local Rule 7.1. (Doyle, Katharine) |
| Senior Judge Morris E. Lasker: Electronic ORDER entered granting 24 Motion to reschedule ADR conference. (Folan, Karen) |
| Filing 26 MOTION for Preliminary Injunction by James N. Thivierge.(Patch, Christine) |
| NOTICE of ADR Conference - The Alternative Dispute Resolution Hearing set for 4/21/08 is CANCELLED and RESCHEDULED for 5/1/2008 at 10:30 AM in Courtroom 8 before Senior Judge Morris E. Lasker. Counsel and principals are directed to be present and have full settlement authority. A brief mediation memoranda should be submitted by hand or mail no later than seven (7) business days prior to the mediation and marked Confidential - Not for Docketing. In the event that you believe the case is not ripe for mediation at this time, or the date poses a conflict, counsel are to notify opposing counsel and file with Judge Lasker an assented to motion to continue the mediation as soon as possible.(Clarke, Barbara) |
| Filing 25 MOTION to Amend by James N. Thivierge. (Attachments: # 1 Exhibit)(Patch, Christine) |
| Filing 24 MOTION to Reschedule ADR conference by James N. Thivierge.(Patch, Christine) |
| Judge Patti B. Saris: Electronic ORDER entered granting 23 Motion for Extension of Time to Complete Discovery (Patch, Christine) |
| Filing 22 Judge Patti B. Saris: ORDER entered granting 17 Motion for Permission to Electronically File. The plaintiff is directed to contact Virginia Hurley, the Clerks Training Coordinator, for instruction in the use of CM/ECF. (PSSA3) |
| Filing 23 MOTION for Extension of Time to 5/5/08 to Complete Discovery by James N. Thivierge.(Patch, Christine) |
| Judge Patti B. Saris: Electronic ORDER entered denying without prejudice 19 Amended Motion for Preliminary Injunction (Patch, Christine) |
| Judge Patti B. Saris: Electronic ORDER entered denying 18 Motion for Preliminary Injunction. "Denied without prejudice. The parties shall try to mediate. If not successful, plaintiff may renew." (Patch, Christine) |
| Filing 21 SETTLEMENT PROPOSAL by James N. Thivierge. (Patch, Christine) |
| Judge Patti B. Saris: Electronic ORDER entered granting 16 Motion for Extension of Time to File Response re 18 MOTION for Preliminary Injunction. Responses due by 5/5/2008. (Patch, Christine) |
| Filing 20 RESPONSE to Motion re 17 MOTION for Permission to Electronically File filed by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library. (Doyle, Katharine) |
| Filing 16 MOTION for Extension of Time to May 5, 2008 to File Response/Reply For Preliminary Injunction by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library.(Doyle, Katharine) |
| Filing 15 CERTIFICATE OF CONSULTATION with Local Rule 7.1. (Doyle, Katharine) |
| Filing 19 Amended MOTION for Preliminary Injunction by James N. Thivierge.(Patch, Christine) |
| Filing 18 MOTION for Preliminary Injunction by James N. Thivierge.(Patch, Christine) |
| Filing 17 MOTION for Permission to Electronically File by James N. Thivierge.(Patch, Christine) |
| NOTICE of ADR Conference - Alternative Dispute Resolution Hearing is set for 4/21/2008 at 10:30 AM in Courtroom 8 before Senior Judge Morris E. Lasker. Counsel and principals are directed to be present and have full settlement authority. A brief mediation memoranda should be submitted by hand or mail no later than seven (7) business days prior to the mediation and marked Confidential - Not for Docketing. In the event that you believe the case is not ripe for mediation at this time, or the date poses a conflict, counsel are to notify opposing counsel and file with Judge Lasker an assented to motion to continue the mediation as soon as possible. (Clarke, Barbara) |
| ELECTRONIC NOTICE of assignment to ADR Provider. The Honorable Morris E. Lasker appointed. The Court will contact counsel with regard to scheduling. (Franklin, Yvonne) |
| Filing 14 Scheduling STATEMENT OF James N. Thivierge (Patch, Christine) |
| Filing 13 Judge Patti B. Saris: ORDER entered. REFERRING CASE to Alternative Dispute Resolution for Mediation: A.S.A.P. (Patch, Christine) |
| Filing 12 Judge Patti B. Saris: ORDER entered. SCHEDULING ORDER:Parties to exchange all documents within 90 days. Fact Discovery to be completed by 9/1/2008. Summary Judgment Motions due by 9/15/2008; opposition due by 9/29/08. Hearing on Summary Judgment or Pretrial Conference set for 10/15/2008 02:00 PM in Courtroom 19 before Judge Patti B. Saris. Case to be referred to Mediation Program: A.S.A.P.(Patch, Christine) |
| Filing 11 CERTIFICATION pursuant to Local Rule 16.1 by Town Clerk.(Doyle, Katharine) |
| Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Scheduling Conference held on 3/12/2008. Court sets discovery and motion schedule. Hearing on Summary Judgment/Pretrial Conference set for 10/15/2008 at 2:00 PM in Courtroom 19 before Judge Patti B. Saris. Court refers parties to mediation A.S.A.P. (Court Reporter: Lee Marzilli.)(Attorneys present: Pro Se Plaintiff, Doyle) (Alba, Robert) |
| Filing 10 CERTIFICATION pursuant to Local Rule 16.1 by Town Assessor.(Doyle, Katharine) |
| Filing 9 CERTIFICATION pursuant to Local Rule 16.1 by Mayor Kezer.(Doyle, Katharine) |
| Filing 8 CERTIFICATION pursuant to Local Rule 16.1 by Town of Amesbury.(Doyle, Katharine) |
| Filing 7 STATEMENT re scheduling conference on behalf of Defendants' Only. (Doyle, Katharine) Modified on 3/6/2008 (Patch, Christine). |
| Filing 6 STATE COURT Record. (Attachments: # 1 Attachment part 2, # 2 Attachment Part 3)(Doyle, Katharine) |
| Filing fee: $ 350.00, receipt number 001262 for 1 Notice of Removal (Diskes, Sheila) |
| Filing 5 NOTICE of SCHEDULING CONFERENCE. Scheduling Conference set for 3/12/2008 at 4:00 PM in Courtroom 19 before Judge Patti B. Saris. (Alba, Robert) |
| Filing 57 ANSWER to Complaint (Notice of Removal) by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk. Re-entered by court staff to correct data entry error. (Patch, Christine) |
| Filing 4 NOTICE of Pending Matters in State Court by Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk, Agent of Library (Sonnenberg, Elizabeth) |
| Filing 3 NOTICE of Appearance by Katharine Isabel Doyle, Mark R. Reich on behalf of Agent of Library (Sonnenberg, Elizabeth) |
| Filing 2 NOTICE of Appearance by Katharine Isabel Doyle, Mark R. Reich on behalf of Town of Amesbury, Mayor Kezer, Town Assessor, Town Clerk (Sonnenberg, Elizabeth) |
| Filing 1 NOTICE OF REMOVAL from Essex Superior Court, case number 07-2473C. (Attachments: # 1 Civil Cover Sheet, # 2 Category Sheet, # 3 Answer, # 4 Complaint)(Sonnenberg, Elizabeth) Modified on 1/29/2008 (Diskes, Sheila). |
| ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Dein (Sonnenberg, Elizabeth) |
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