Varsity Wireless Investors, LLC v. Town of Hamilton et al
| Varsity Wireless Investors, LLC |
| Town of Hamilton, Bill Olson, Town of Hamilton Planning Board, Claudia Woods, Rick Mitchell, Brian Stein, Richard Boroff, Edwin Howard and Peter Clark |
| 1:2017cv11826 |
| September 22, 2017 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Barnstable |
| Mark L Wolf |
| Other Statutory Actions |
| 47 U.S.C. § 332 |
| None |
Docket Report
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| Filing 56 USCA Case Number 19-1446 for #54 Notice of Appeal filed by Peter Clark. (Paine, Matthew) |
| Filing 55 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #54 Notice of Appeal. (Paine, Matthew) |
| Filing 54 NOTICE OF APPEAL #52 MEMORANDUM AND ORDER, #53 JUDGMENT by Peter Clark Filing fee: $ 505, receipt number 0101-7667193 Fee Status: Not Exempt. 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 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/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 5/22/2019. (Hill, Daniel) Modified on 5/3/2019 to Correct Docket Text and CM/ECF Document Link) (Paine, Matthew). |
| Filing 53 Judge Mark L. Wolf: ORDER entered. JUDGMENT. (Bono, Christine) |
| Filing 52 Judge Mark L. Wolf: MEMORANDUM AND ORDER entered denying #42 Motion to Dismiss; granting #21 Motion to Strike (Bono, Christine) |
| Filing 51 REPLY to Response to #30 MOTION for Leave to File Reply Memorandum to Response of Defendants Clark, Howard and Woods to Agreement for Judgment filed by Varsity Wireless Investors, LLC. (Dennison, Wayne) |
| Filing 50 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #30 Motion for Leave to File Document ; If counsel has not previously done so, 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. (Bono, Christine) |
| Filing 49 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, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 48 Transcript of Motion Hearing held on October 17, 2018, before Judge Mark L. Wolf. 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: Kelly Mortellite at mortellite@gmail.com Redaction Request due 1/10/2019. Redacted Transcript Deadline set for 1/22/2019. Release of Transcript Restriction set for 3/20/2019. (Scalfani, Deborah) |
| Filing 47 Joint Opposition re #42 MOTION to Dismiss for Misjoinder (Rule 21) filed by Varsity Wireless Investors, LLC. (Dennison, Wayne) |
| Filing 46 Judge Mark L. Wolf: "It is hereby ORDERED that Plaintiff Varsity Wireless Investors, LLC and defendant Town of Hamilton shall, by December 10, 2018, respond to the Rule 21 Motion for Dismissal of the Town of Hamilton (Docket Nos. 42, 43) filed by Defendants Clark, Howard, and Woods." ORDER entered re #45 Letter/request (non-motion). (Bono, Christine) |
| Filing 45 Letter/request (non-motion) from Wayne F. Dennison for Clarification. (Dennison, Wayne) |
| Filing 44 BRIEF by Varsity Wireless Investors, LLC to #39 Response to Motion Plaintiff Varsity Wireless Investors, LLC's and Defendant Town of Hamilton's Joint Response to Dissenting Planning Board Members' Supplemental Memorandum on Standing. (Dennison, Wayne) |
| Filing 43 MEMORANDUM in Support re #42 MOTION to Dismiss for Misjoinder (Rule 21) filed by Peter Clark, Edwin Howard. (Hill, Daniel) |
| Filing 42 MOTION to Dismiss for Misjoinder (Rule 21) by Peter Clark, Edwin Howard.(Hill, Daniel) |
| Filing 41 BRIEF by Peter Clark, Edwin Howard to #40 Brief, #38 Order . (Attachments: #1 Exhibit)(Hill, Daniel) |
| Filing 40 BRIEF by Varsity Wireless Investors, LLC to #38 Order Joint Memorandum in Support of Consent Judgment. (Attachments: #1 Exhibit A - Affidavit of Shawn Farrell)(Alosco, Brian) |
| Filing 39 RESPONSE to Motion re #21 MOTION to Strike #17 Answer to Complaint filed by Peter Clark, Edwin Howard. (Attachments: #1 Exhibit state court decision)(Hill, Daniel) |
| Filing 38 Judge Mark L. Wolf: ORDER entered. (Bono, Christine) |
| Filing 37 NOTICE of Appearance by Brian Alosco on behalf of Varsity Wireless Investors, LLC (Alosco, Brian) |
| Filing 36 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 10/17/2018 re #21 MOTION to Strike #17 Answer to Complaint filed by Town of Hamilton. Planning Board defendants shall file their memorandum addressing protectable interests by 10/31/2018; Varsity and Town of Hamilton shall respond by 11/15/2018. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Dennison, Alosco, Costa, Murphy, Hill, Baptista) (Bono, Christine) |
| Filing 35 Judge Mark L. Wolf: "It is hereby ORDERED that the parties be prepared to discuss the following issues at the October 17, 2018 hearing: 1. The implications of the provision in the Town of Hamilton By-laws stating: "[The Town Counsel] shall appear at any court in the Commonwealth in defense of all actions or suits brought against the Town or its officers in their official capacity and shall try and argue any and all causes in which the Town shall be a party." See Docket No 21-2 at 21. 2. The implications of the First Circuit's holding in Indus. Commc'ns & Elecs., Inc. v. Town of Alton, N.H., 646 F. 3d 76, 78-81 (1st Cir. 2011) on whether defendants Clark, Howard, and Woods, members of the Planning Board sued in their official capacities only, have standing to submit an Answer to the Complaint separate from that of the Town of Hamilton, and/or challenge the Agreement for Judgment entered into by the Town of Hamilton and Varsity Wireless Investors, LLC." ORDER entered. (Bono, Christine) |
| Filing 34 JOINT STATEMENT re scheduling conference . (Dennison, Wayne) |
| Filing 33 NOTICE of Scheduling Conference. Scheduling Conference set for 10/17/2018 02:00 PM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine) |
| Filing 32 ELECTRONIC NOTICE Setting Hearing on Motion #21 MOTION to Strike #17 Answer to Complaint : Motion Hearing set for 10/17/2018 02:00 PM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine) |
| Filing 31 Letter/request (non-motion) from Wayne F. Dennison requesting a status conference or motion hearing. (Dennison, Wayne) |
| Filing 30 MOTION for Leave to File Reply Memorandum by Varsity Wireless Investors, LLC. (Attachments: #1 Exhibit A - Reply)(Dennison, Wayne) |
| Filing 29 Response by Defendants Clark, Howard and Woods Response by Peter Clark to #28 Agreement for Judgment . (Murphy, Dennis) |
| Filing 28 AGREEMENT FOR JUDGMENT by Varsity Wireless Investors, LLC. (Dennison, Wayne) |
| Filing 27 NOTICE of Change of Address or Firm Name by Daniel C. Hill (Hill, Daniel) |
| Filing 26 Opposition re #21 MOTION to Strike #17 Answer to Complaint filed by Peter Clark, Edwin Howard. (Hill, Daniel) |
| Filing 25 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #21 MOTION to Strike #17 Answer to Complaint , #22 Memorandum in Support of Motion by Adam Joseph Costa on behalf of Town of Hamilton. (Costa, Adam) |
| Filing 24 RESPONSE to Motion re #21 MOTION to Strike #17 Answer to Complaint Joinder in Motion to Strike filed by Varsity Wireless Investors, LLC. (Dennison, Wayne) |
| Filing 23 Notice of correction to docket made by Court staff. Correction: D.E. #21 & #22 corrected because: to separate and refile documents correctly. The Memorandum is filed as a separate document. Exhibits should be separated and filed as attachments to the motion. Counsel is reminded to review the local rules and the attorney handbook when filing documents with the Court by accessing our web page, at www.mad.uscourts.gov under CM/ECF E-Filing. (Franklin, Yvonne) |
| Filing 22 MEMORANDUM in Support re #21 MOTION to Strike #17 Answer to Complaint filed by Town of Hamilton. (Costa, Adam) (Main Document 22 replaced on 11/2/2017)to refile memorandum as a separate document. (Franklin, Yvonne). |
| Filing 21 MOTION to Strike #17 Answer to Complaint by Town of Hamilton.(Costa, Adam) (Additional attachment(s) added on 11/2/2017: #1 Exhibit A - Affidavit of Patrick Reffett, #2 Exhibit B) (Franklin, Yvonne). Modified on 11/2/2017 to separate and refile documents correctly. (Franklin, Yvonne). |
| Filing 20 NOTICE of Appearance by Adam Joseph Costa on behalf of Town of Hamilton (Costa, Adam) |
| Filing 19 ANSWER to #1 Complaint, by Town of Hamilton.(Costa, Adam) |
| Filing 18 NOTICE of Appearance by Daniel C. Hill on behalf of Claudia Woods (Hill, Daniel) |
| Filing 17 Defendants Clark, Howard and Woods' ANSWER to #1 Complaint, by Peter Clark, Edwin Howard.(Hill, Daniel) |
| Filing 16 AFFIDAVIT OF SERVICE Executed by Varsity Wireless Investors, LLC. Acknowledgement filed by Varsity Wireless Investors, LLC. (Dennison, Wayne) |
| Filing 15 SUMMONS Returned Executed Town of Hamilton served on 9/26/2017, answer due 10/17/2017. (Dennison, Wayne) |
| Filing 14 SUMMONS Returned Executed Town of Hamilton Planning Board served on 9/26/2017, answer due 10/17/2017. (Dennison, Wayne) |
| Filing 13 SUMMONS Returned Executed Rick Mitchell served on 9/26/2017, answer due 10/17/2017. (Dennison, Wayne) |
| Filing 12 SUMMONS Returned Executed Richard Boroff served on 9/26/2017, answer due 10/17/2017. (Dennison, Wayne) |
| Filing 11 SUMMONS Returned Executed Peter Clark served on 9/26/2017, answer due 10/17/2017. (Dennison, Wayne) |
| Filing 10 SUMMONS Returned Executed Edwin Howard served on 9/26/2017, answer due 10/17/2017. (Dennison, Wayne) |
| Filing 9 SUMMONS Returned Executed Claudia Woods served on 9/26/2017, answer due 10/17/2017. (Dennison, Wayne) |
| Filing 8 SUMMONS Returned Executed Brian Stein served on 9/26/2017, answer due 10/17/2017. (Dennison, Wayne) |
| Filing 7 SUMMONS Returned Executed Bill Olson served on 9/26/2017, answer due 10/17/2017. (Dennison, Wayne) |
| Filing 6 NOTICE of Appearance by Melanie Dahl Burke on behalf of Varsity Wireless Investors, LLC (Burke, Melanie) |
| Filing 5 Summons Issued as to Richard Boroff, Peter Clark, Edwin Howard, Rick Mitchell, Bill Olson, Brian Stein, Town of Hamilton, Town of Hamilton Planning Board, Claudia Woods. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Halley, Taylor) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Mark L. Wolf 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 M. Page Kelley. (Halley, Taylor) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Varsity Wireless Investors, LLC. (Dennison, Wayne) |
| Filing 2 EXHIBIT re #1 Complaint, Exhibit A by Varsity Wireless Investors, LLC. (Dennison, Wayne) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-6809708 (Fee Status: Filing Fee paid), filed by Varsity Wireless Investors, LLC. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Category Form)(Dennison, Wayne) (Attachment 2 replaced on 9/26/2017) (Franklin, Yvonne). |
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