Brown v. Healey et al
| Laurence Brown |
| Maura Healey and Christopher Delmonte |
| 1:2017cv11688 |
| September 7, 2017 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Plymouth |
| Nathaniel M Gorton |
| Indira Talwani |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 70 EXHIBITS re #69 Response by Laurence Brown. (Kelly, Danielle) |
| Filing 69 Plaintiff's Response to #54 Defendant Christopher Delmonte's Opposition/Reply to "Plaintiff's Dispositive Motion" And Defendant's Exhibit A filed by Laurence Brown. (Attachments: #1 Cover Letter). (Kelly, Danielle) |
| Filing 68 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #67 Motion for Leave to File Document ; 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. (Vieira, Leonardo) |
| Filing 67 Plaintiff's Motion for Leave to File A Response to #63 Defendant Christopher Delmonte's Opposition/Reply to "Plaintiff's Dispositive Motion" and Defendant's Exhibit A by Laurence Brown. (Kelly, Danielle) |
| Filing 66 Judge Indira Talwani: ELECTRONIC ORDER STRIKING Plaintiff's Response #64 and Exhibit #65 . Pursuant to Local Rule 7.1(b)(3), after an opposition to a motion has been filed, additional papers may not be filed without leave of court. (Kelly, Danielle) |
| Filing 65 EXHIBIT re #64 Response by Laurence Brown. (Kelly, Danielle) |
| Filing 64 Response by Laurence Brown to #54 Reply to Response to Motion. (Kelly, Danielle) |
| Filing 63 REPLY to Response to #48 MOTION for Judgment on the Pleadings Under Rule 12(c) (leave to file granted on November 27, 2019) filed by Christopher Delmonte. (Attachments: #1 Exhibit A)(Donohue, Thomas) |
| Filing 62 Judge Indira Talwani: ELECTRONIC ORDER entered: GRANTING #61 Motion for Leave to File ; 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. (Kelly, Danielle) |
| Filing 61 MOTION for Leave to File Reply to "Plaintiff's Dispositive Motion" Under Local Rule 7.1(b)(3) by Christopher Delmonte. (Attachments: #1 Exhibit A)(Donohue, Thomas) |
| Filing 60 Judge Indira Talwani: ORDER entered regarding #59 Joint MOTION for Approval to Utilize the General Grant of Access to C.O.R.I.. Please see attached order. (Kelly, Danielle) |
| Filing 59 Joint MOTION for Approval to Utilize the General Grant of Access to C.O.R.I. by Christopher Delmonte. (Attachments: #1 Exhibit 1 - Affidavit of Thomas Donohue, #2 Exhibit 2 - Proposed Order)(Donohue, Thomas) |
| Filing 58 Judge Indira Talwani: ELECTRONIC ORDER: striking Reply #54 . This document was filed without leave of court. See Local Rule 7.1(b)(3). (Kelly, Danielle) |
| Filing 57 Copy re 56 Order on Motion to Stay mailed to Laurence Brown 20 Virginia Drive Bridgewater, MA 02324 (will be mailed out 11/25/19). (MacDonald, Gail) |
| Filing 56 Judge Indira Talwani: ELECTRONIC ORDER entered granting #55 Motion to Stay (MacDonald, Gail) |
| Filing 55 Joint MOTION to Stay Discovery Pending Decision on Defendant's Motion for Judgment on the Pleadings by Christopher Delmonte.(Donohue, Thomas) |
| Filing 54 REPLY to Response to #48 MOTION for Judgment on the Pleadings Under Rule 12(c) filed by Christopher Delmonte. (Attachments: #1 Exhibit A)(Donohue, Thomas) |
| Filing 53 Copy re 52 Notice Cancelling Hearing mailed to Laurence Brown 20 Virginia Drive Bridgewater, MA 02324 (MacDonald, Gail) |
| Filing 52 ELECTRONIC NOTICE Canceling Hearing. Status Conference set for 12/04/2019, is canceled and will be reset by the clerk. (MacDonald, Gail) |
| Filing 51 MEMORANDUM OF LAW in Support of to #50 Response to Motion for Judgment on the Pleadings by Laurence Brown. (Vieira, Leonardo) |
| Filing 50 RESPONSE to Motion re #48 MOTION for Judgment on the Pleadings Under Rule 12(c) filed by Laurence Brown. (Vieira, Leonardo) (Main Document 50 replaced on 11/7/2019) to attach correct PDF (Vieira, Leonardo) |
| Filing 49 MEMORANDUM in Support re #48 MOTION for Judgment on the Pleadings Under Rule 12(c) filed by Christopher Delmonte. (Attachments: #1 Exhibit 1)(Donohue, Thomas) |
| Filing 48 MOTION for Judgment on the Pleadings Under Rule 12(c) by Christopher Delmonte.(Donohue, Thomas) |
| Filing 47 Plaintiff's Response to defendant Christopher Delmonte's Initial Disclosures by Laurence Brown. (Vieira, Leonardo) |
| Filing 46 Judge Indira Talwani: SCHEDULING ORDER. (Kinsella, Devan) |
| Filing 45 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 7/15/2019. Case called. Court has colloquy with counsel. Parties to jointly report to clerk any request for ADR. All dates in Joint Proposed Sched. Statement adopted. (Amended Pleadings due by 10/1/2019, Discovery to be completed by 12/2/2019, Motions due by 3/2/2020.) Status Conference set for 12/4/2019 02:15 PM in Courtroom 9 before Judge Indira Talwani. Scheduling Order to issue. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.)(Attorneys present: Brown, Donohue) (MacDonald, Gail) |
| Filing 44 CERTIFICATION pursuant to Local Rule 16.1 . (Donohue, Thomas) |
| Filing 43 JOINT STATEMENT re scheduling conference . (Donohue, Thomas) |
| Filing 42 NOTICE of Appearance by Leonard H. Kesten on behalf of Christopher Delmonte (Kesten, Leonard) |
| Filing 41 NOTICE of Appearance by Thomas R Donohue on behalf of Christopher Delmonte (Donohue, Thomas) |
| Filing 40 Copy re 39 Order on Motion to Continue, mailed to Laurence Brown 20 Virginia Drive Bridgewater, MA 02324 (MacDonald, Gail) |
| Filing 39 Judge Indira Talwani: ELECTRONIC ORDER entered granting #37 Motion to Continue. Scheduling Conference set for 6/25/19 is RESET for 7/15/2019 02:30 PM in Courtroom 9 before Judge Indira Talwani. The parties are referred to the 5/31/19 Scheduling Order and are reminded that they are required to file a Joint Statement no later than seven days before the scheduling conference. (MacDonald, Gail) |
| Filing 38 Response to Defendant's Answer #34 . Filed by Laurence Brown. (Kinsella, Devan) |
| Filing 37 MOTION to Reschedule Scheduling Conference. Filed by Laurence Brown. (Kinsella, Devan) |
| Filing 36 Copy re #35 Notice of Scheduling Conference mailed to Laurence Brown 20 Virginia Drive Bridgewater, MA 02324 (MacDonald, Gail) |
| Filing 35 NOTICE of Scheduling Conference Scheduling Conference set for 6/25/2019 03:30 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 34 ANSWER to 30 Amended Complaint by Christopher Delmonte.(Gambaccini, Andrew) |
| Filing 33 NOTICE of Appearance by Andrew J. Gambaccini on behalf of Christopher Delmonte (Gambaccini, Andrew) |
| Filing 32 US Marshal Process Receipt and Return for Summons. Defendant Christopher Delmonte served on May 14, 2019. (Kinsella, Devan) |
| Filing 31 Summons Issued as to Christopher Delmonte and mailed to plaintiff on 4/15/2019 with Local Rule 4.1 and forms and instructions for service by USMS. (Attachments: #1 Local Rule 4.1 and Instructions for Service by USMS)(PSSA, 3) |
| Filing 29 Judge Indira Talwani: ORDER entered granting #27 Motion to Amend; denying #28 Motion for Default Judgment. The Clerk shall docket the proposed amended complaint [#27-1] as the amended complaint. The Clerk shall also terminate Attorney General Maura Healey as a party to this action and amend the docket to include Christopher Delmonte as a defendant. The Clerk shall issue a summons as to Delmonte. The plaintiff is responsible for serving the summons, amended complaint, and this order upon Delmonte in accordance with Rule 4 of the Federal Rules of Civil Procedure. Service must be completed within 90 days of the date of this order. Because the plaintiff is proceeding in forma pauperis, he may elect to have the United States Marshals Service complete service with all costs of service to be advanced by the United States. [Copy of Order mailed to plaintiff on 4/15/2019.] (PSSA, 3) |
| Filing 28 MOTION for Default Judgment by pro se plaintiff Laurence Brown.(Kinsella, Devan) |
| Filing 27 MOTION to Amend Complaint by Laurence Brown. (Attachments: #1 Exhibit)(adminn, ) |
| Filing 26 Copy re 25 Order Granting Defendant's Motion to Dismiss mailed to Laurence Brown on 02/28/2019. (Haran, Jodi) |
| Filing 25 Judge Indira Talwani: ELECTRONIC ORDER entered GRANTING Defendant's Motion to DISMISS #16 Plaintiff's Complaint #1 . To the extent Plaintiff makes a facial challenge to Massachusetts' firearms licensing laws, the complaint is barred under the doctrines of claim and issue preclusion as discussed in open court at the hearing on February 27, 2019, and for substantially the same reasons set forth in the court's decision in Brown v. Delmonte et al, 16-cv-10983 (July 7, 2017, D. Mass) (Talwani, J.) 50 dismissing Plaintiff's prior action in this court. To the extent Plaintiff seeks to make an as-applied challenge to the August 2017 denial of his application for renewal of his class A license, Plaintiff has named the wrong defendant, for substantially the reasons set forth in Defendant's Memorandum of Law in Support of the Motion to Dismiss #15 . Plaintiff may file a motion seeking leave to amend his complaint within 28 days from the entry of this Order. Any such motion shall include a copy of the Proposed Amended Complaint, which shall conform to the pleading requirements set forth in Fed. R. Civ. P. 8, including that the complaint state a "short and plain statement of the claim..." Plaintiff shall also comply with L.R. 15.1, which requires service of the motion to amend on a new party at least 14 days in advance of filing the motion and a certificate stating that the motion has been served in advance on the new party as required by this rule. (Haran, Jodi) |
| Filing 24 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 2/27/2019 re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Maura Healey. Case called. Court hears argument on motion. Plaintiff may renew motion for leave to file an Amended Complaint. Order to follow. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.) (Attorneys present: Pro Se Brown, Marks) (MacDonald, Gail) Modified on 2/28/2019 (MacDonald, Gail). |
| Filing 23 Copy re 22 Order on Motion for Leave to File, 21 Notice of Hearing on Motion mailed to Laurence Brown 20 Virginia Drive Bridgewater, MA 02324 (MacDonald, Gail) |
| Filing 22 Judge Indira Talwani: ELECTRONIC ORDER entered denying without prejudice Plaintiff's Conditional Motion for Leave of Court to File an Amended Complaint #19 as premature. Plaintiff may renew his motion for leave to file if the pending Motion to Dismiss #16 is granted. (MacDonald, Gail) |
| Filing 21 ELECTRONIC NOTICE Setting Hearing on Motion #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 2/27/2019 11:00 AM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 20 Request (non-motion) from Laurence Brown. (DaSilva, Carolina) |
| Filing 19 MOTION for Leave to File Amended Complaint by Laurence Brown.(DaSilva, Carolina) |
| Filing 18 RESPONSE re: #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Laurence Brown. (Attachments: #1 Exhibit 1-5)(DaSilva, Carolina) |
| Filing 17 ELECTRONIC NOTICE issued requesting courtesy copy for #15 Memorandum in Support of Motion, #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Counsel who filed the document are requested to submit a courtesy copy to the Clerk's Office by March 16, 2018. These documents must be clearly marked as a Courtesy Copy, contain appropriate (number/letter) tabs, reflect the document number assigned by CM/ECF, and be placed in a 3-ring binder. (DaSilva, Carolina) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Maura Healey.(Marks, David) |
| Filing 15 MEMORANDUM in Support re: #16 Motion to Dismiss for Failure to State a Claim by Maura Healey. (Attachments: #1 Exhibit Attachment A - "Supplemental Memorandum...", #2 Exhibit Attachment B - "Memorandum of Decision", #3 Exhibit Attachment C - "Memorandum of Decision and Order...", #4 Exhibit Attachment D - "Memorandum and Order Pursuant to Rule 1:28", #5 Exhibit Attachment E - "Notice of Denial of F.A.R. Application", #6 Exhibit Attachment F - "Docket Sheets", #7 Exhibit Attachment G - "AMended Complaint", #8 Exhibit Attachment H - "Order of DIsmissal and Memorandum")(Marks, David) Modified text, docket entry relationship, and event on 3/14/2018 (DaSilva, Carolina). |
| Filing 14 Copy of NEF [#13] Order, mailed to Laurence Brown on 3/5/2018. (DaSilva, Carolina) |
| Filing 13 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #12 Motion for Extension of Time to Answer. Maura Healey answer/response due 3/13/2018. (DaSilva, Carolina) |
| Filing 12 MOTION for Extension of Time to 03/13/ 20 18 to File Answer to Complaint by Maura Healey.(Marks, David) |
| Filing 11 NOTICE of Appearance by David R. Marks on behalf of Maura Healey (Marks, David) |
| Filing 10 SUMMONS Returned Executed Maura Healey served on 2/9/2018, answer due 3/2/2018. (DaSilva, Carolina) |
| Filing 9 Letter (non-motion) from Laurence Brown. (DaSilva, Carolina) |
| Filing 8 Summons Issued as to Maura Healey and mailed on 1/25/2018 to plaintiff with Local Rule 4.1 and forms and instructions for service by the United States Marshals Service. (Attachments: #1 Local Rule 4.1 and Instructions for Service by USMS)(PSSA, 3) |
| Filing 7 Judge Indira Talwani: ORDER entered granting #2 Motion for Leave to Proceed in forma pauperis. The Clerk shall issue a summons and the plaintiff shall serve the summons, complaint, and this order upon the defendant in accordance with Rule 4 of the Federal Rules of Civil Procedure and Local Rule 4.1. Because the plaintiff is proceeding in forma pauperis, he may elect to have the United States Marshals Service complete service with all costs of service to be advanced by the United States. Service must be completed within 90 days of the date the summons issues. [Copy of order mailed to plaintiff on 1/25/2018.] (PSSA, 3) |
| Filing 6 ELECTRONIC NOTICE of Reassignment. Judge Indira Talwani added. Judge Nathaniel M. Gorton no longer assigned to case. (adminn, ) |
| Filing 5 ADDENDUM by Laurence Brown. (Caruso, Stephanie) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton 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 Jennifer C. Boal. (DaSilva, Carolina) |
Filing 3
General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Castilla, Francis)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Laurence Brown.(Castilla, Francis) (Additional attachment(s) added on 9/7/2017: #1 Supplement) (Castilla, Francis). |
| Filing 1 COMPLAINT against Maura Healey, filed by Laurence Brown. (Attachments: #1 Civil Cover Sheet)(Castilla, Francis) |
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