Lyman et al v. Baker et al Featured Case

Several prominent law firms and professors have filed lawsuits in four federal district courts alleging that the Electoral College voting system used in the nation's presidential elections is unconstitutional. The complaints allege that the system denies citizens the right to an equal vote, in violation of the First Amendment rights to political expression and association and the principle of one-person-one-vote under the Fourteenth Amendment. The complaint filed in Massachusetts names Massachusetts Governor Charles Baker and Secretary William Galvin as defendants.

Plaintiff: Richard J Lyman, William F Weld and Robert D Capodilupo
Defendant: Charles D Baker and William Francis Galvin
Case Number: 1:2018cv10327
Filed: February 21, 2018
Court: Massachusetts District Court
Office: Boston Office
County: Suffolk
Presiding Judge: Patti B. Saris
Nature of Suit: Voting
Cause of Action: 28:1983
Jury Demanded By: None

Docket Report

This docket was last retrieved on December 14, 2018. A more recent docket listing may be available from PACER.

Date Filed#Document Text
December 13, 2018 56 USCA Case Number 18-2235 for 54 Notice of Appeal filed by Robert D Capodilupo, William F Weld, Richard J Lyman. (Paine, Matthew)
December 12, 2018 55 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 54 Notice of Appeal. (Paine, Matthew)
December 12, 2018 54 NOTICE OF APPEAL as to 53 Order Dismissing Case, 52 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim by Robert D Capodilupo, Richard J Lyman, William F Weld Filing fee: $ 505, receipt number 0101-7450967 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 1/2/2019. (Mauser, Amy)
December 7, 2018 53 Chief Judge Patti B. Saris: ORDER entered. ORDER DISMISSING CASE(Geraldino-Karasek, Clarilde)
December 7, 2018 52 Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered. The defendants' motion to dismiss (Dkt. No. 21 ) is ALLOWED. (Geraldino-Karasek, Clarilde)
October 1, 2018 51 Response by Robert D Capodilupo, Richard J Lyman, William F Weld to 50 Notice of Supplemental Authorities, . (Jackson, Seth)
September 24, 2018 50 Notice of Supplemental Authorities re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Supplemental Authority (Decision in Rodriguez v. Brown))(Spector, Amy)
August 27, 2018 49 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 46 Motion for Leave to Appear Pro Hac Vice Added Jacob Max Rosen, David H. Fry and Michael DeSanctis. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Coppola, Katelyn)
August 27, 2018 48 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)
August 27, 2018 47 Transcript of Motion Hearing held on August 9, 2018, before Chief Judge Patti B. Saris. 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 9/17/2018. Redacted Transcript Deadline set for 9/27/2018. Release of Transcript Restriction set for 11/26/2018. (Scalfani, Deborah)
August 16, 2018 46 MOTION for Leave to Appear Pro Hac Vice for admission of Jacob Max Rosen, David H. Fry and Michael B. DeSanctis Filing fee: $ 300, receipt number 0101-7278197 by Robert D Capodilupo, Richard J Lyman, William F Weld. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Jackson, Seth)
August 9, 2018 45 ELECTRONIC NOTICE Canceling 16.b Scheduling Conference...to be rescheduled to a later date. Motion to Dismiss under advisement. (Molloy, Maryellen)
August 9, 2018 44 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Motion Hearing held on 8/9/2018 re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles D Baker, William Francis Galvin...Motion to Dismiss taken under advisement. NOTE: 16(b) did not go forward, to be reschedule to a later date. DISCOVERY IS STAYED PENDING RESOLUTION OF THE MOTION TO DISMISS. (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: see transcript) (Molloy, Maryellen)
July 31, 2018 40 JOINT STATEMENT re scheduling conference . (Jackson, Seth)
July 27, 2018 37 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 35 Motion for Leave to Appear Pro Hac Vice Added Amy L. Neuhardt. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Coppola, Katelyn)
July 27, 2018 36 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 34 Motion for Leave to Appear Pro Hac Vice Added Lisa L. Barclay, James P. Denvir, Karen Dunn, Samuel Hall, Hamish P.M. Hume and Amy J. Mauser. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Coppola, Katelyn)
July 27, 2018 35 MOTION for Leave to Appear Pro Hac Vice for admission of Amy L. Neuhardt Filing fee: $ 100, receipt number 0101-7248926 by Robert D Capodilupo, Richard J Lyman, William F Weld. (Attachments: # 1 Exhibit A)(Jackson, Seth)
July 27, 2018 34 MOTION for Leave to Appear Pro Hac Vice for admission of Lisa L. Barclay, James P. Denvir, Karen Dunn, Samuel Hall, Hamish P.M. Hume and Amy J. Mauser Filing fee: $ 600, receipt number 0101-7248848 by Robert D Capodilupo, Richard J Lyman, William F Weld. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F)(Jackson, Seth)
July 23, 2018 33 REPLY to Response to 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles D Baker, William Francis Galvin. (Attachments: # 1 Exhibit A)(Spector, Amy)
July 20, 2018 32 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 31 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. (Coppola, Katelyn)
July 19, 2018 31 MOTION for Leave to File Reply Memorandum by Charles D Baker, William Francis Galvin. (Attachments: # 1 Reply Memorandum)(Spector, Amy)
June 27, 2018 30 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 28 Motion for Leave to Appear Pro Hac Vice Added Joe Robert Caldwell, Jr., Zachary B. Schreiber, Matthew J. Herrington and Roger E. Warin. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Coppola, Katelyn)
June 25, 2018 29 Opposition re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert D Capodilupo, Richard J Lyman, William F Weld. (Attachments: # 1 Exhibit A)(Jackson, Seth)
June 25, 2018 28 MOTION for Leave to Appear Pro Hac Vice for admission of Joe Robert Caldwell, Jr., Zachary B. Schreiber, Matthew J. Herrington, Roger E. Warin Filing fee: $ 400, receipt number 0101-7200620 by Robert D Capodilupo, Richard J Lyman, William F Weld. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Jackson, Seth)
June 8, 2018 27 ELECTRONIC NOTICE Setting Hearing on Motion 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 8/9/2018 02:00 PM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen)
June 8, 2018 26 NOTICE Resetting 16.b Conference from 6/8/18 to 8/9/18.... Scheduling Conference will go forward on 8/9/2018 02:00 PM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen)
June 8, 2018 25 NOTICE of Scheduling Conferenc...e Scheduling Conference set for 8/9/2018 02:00 PM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) Modified on 6/8/2018 (Molloy, Maryellen).
May 30, 2018 24 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 23 Assented to MOTION for Extension of Time to For Plaintiffs To File Opposition To Defendants' Motion To Dismiss to File Response/Reply as to 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 22 Memorandum in Support of Motion Responses due by 6/25/2018 (Coppola, Katelyn)
May 30, 2018 23 Assented to MOTION for Extension of Time to For Plaintiffs To File Opposition To Defendants' Motion To Dismiss to File Response/Reply as to 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 22 Memorandum in Support of Motion by Robert D Capodilupo, Richard J Lyman, William F Weld.(Jackson, Seth) (Main Document 23 replaced on 5/30/2018. Due date changed from Sunday 6/24 to Monday 6/25) (Coppola, Katelyn).
May 21, 2018 22 MEMORANDUM in Support re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles D Baker, William Francis Galvin. (Spector, Amy)
May 21, 2018 21 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 6/4/2018) by Charles D Baker, William Francis Galvin.(Spector, Amy)
April 5, 2018 20 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 19 Motion for Leave to Appear Pro Hac Vice Added Karen Shafrir Vladeck, Jack A. Simms, Jr., Ryan Botkin, Katherine P. Chiarello, Maria Amelia Calaf and W. Reid Wittliff. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Coppola, Katelyn)
April 4, 2018 19 MOTION for Leave to Appear Pro Hac Vice for admission of Karen Shafrir Vladeck, Jack A. Simms, Jr., Ryan Botkin, Katherine P. Chiarello, Maria Amelia Calaf and W. Reid Wittliff Filing fee: $ 600, receipt number 0101-7080319 by Robert D Capodilupo, Richard J Lyman, William F Weld. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Jackson, Seth)
April 3, 2018 18 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 17 Motion for Leave to Appear Pro Hac Vice Added Jennifer Duncan Hackett, James R. Martin and Allison Vissichelli. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Coppola, Katelyn)
April 3, 2018 17 MOTION for Leave to Appear Pro Hac Vice for admission of Jennifer Duncan Hackett, James R. Martin and Allison Vissichelli Filing fee: $ 300, receipt number 0101-7076901 by Robert D Capodilupo, Richard J Lyman, William F Weld. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Jackson, Seth)
April 2, 2018 16 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting 15 Motion for Leave to Appear Pro Hac Vice Added Mary Whittle and Marco Guerrero. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Coppola, Katelyn)
March 30, 2018 15 MOTION for Leave to Appear Pro Hac Vice for admission of Mary Whittle and Marco Guerrero Filing fee: $ 200, receipt number 0101-7074180 by Robert D Capodilupo, Richard J Lyman, William F Weld. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Jackson, Seth)
March 21, 2018 14 Chief Judge Patti B. Saris: ENDORSED ORDER entered ALLOWED 12 Motion for Extension of Time to Answer. Charles D Baker answer due 5/21/2018; William Francis Galvin answer due 5/21/2018. (Geraldino-Karasek, Clarilde)
March 21, 2018 13 RESPONSE to Motion re 12 MOTION for Extension of Time to File Answer filed by Robert D Capodilupo, Richard J Lyman, William F Weld. (Jackson, Seth)
March 20, 2018 12 MOTION for Extension of Time to May 21, 2018 to Respond to Complaint by Charles D Baker, William Francis Galvin.(Spector, Amy)
March 20, 2018 11 NOTICE of Appearance by Amy Spector on behalf of Charles D Baker, William Francis Galvin (Spector, Amy)
March 20, 2018 10 NOTICE of Appearance by Juliana deHaan Rice on behalf of Charles D Baker, William Francis Galvin (Rice, Juliana)
March 20, 2018 9 NOTICE of Appearance by Robert E. Toone, Jr on behalf of Charles D Baker, William Francis Galvin (Toone, Robert)
March 1, 2018 8 SUMMONS Returned Executed William Francis Galvin served on 2/28/2018, answer due 3/21/2018. (Jackson, Seth)
March 1, 2018 7 SUMMONS Returned Executed Charles D Baker served on 2/28/2018, answer due 3/21/2018 . (Jackson, Seth) Modified docket text on 3/1/2018 in accordance with party served on the summons. (Geraldino-Karasek, Clarilde).
February 27, 2018 6 ELECTRONIC NOTICE of Case Reassignment. Chief 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 Donald L. Cabell. (Danieli, Chris)
February 26, 2018 5 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Jackson, Seth)
February 26, 2018 4 NOTICE of Appearance by Seth V. Jackson on behalf of Robert D Capodilupo, Richard J Lyman, William F Weld (Jackson, Seth)
February 21, 2018 3 Summons Issued as to Charles D Baker, William Francis Galvin. 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. (Jones, Sherry)
February 21, 2018 2 NOTICE of Case Assignment. Magistrate Judge Donald L. Cabell assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (DaSilva, Carolina)
February 21, 2018 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7017802 (Fee Status: Filing Fee paid), filed by Robert D Capodilupo, Richard J Lyman, William F Weld. (Attachments: # 1 Civil Cover Sheet, # 2 Attachment to Civil Cover Sheet, # 3 Category Form)(Gotz, James)

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 Massachusetts District Court's Electronic Court Filings (ECF) System

Search for this case: Lyman et al v. Baker et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Richard J Lyman
Represented By: James D. Gotz
Represented By: Seth V. Jackson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: William F Weld
Represented By: James D. Gotz
Represented By: Seth V. Jackson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Robert D Capodilupo
Represented By: James D. Gotz
Represented By: Seth V. Jackson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Charles D Baker
Represented By: Juliana deHaan Rice
Represented By: Amy Spector
Represented By: Robert E. Toone, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: William Francis Galvin
Represented By: Juliana deHaan Rice
Represented By: Amy Spector
Represented By: Robert E. Toone, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?