Hetzler v. City of Fall River
| Joshua Hetzler |
| City of Fall River |
| 1:2019cv11851 |
| August 30, 2019 |
| US District Court for the District of Massachusetts |
| Leo T Sorokin |
| Civil Rights: Other |
| 28 U.S.C. ยง 2201 |
| Plaintiff |
Docket Report
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| Filing 14 District Judge Leo T. Sorokin: ORDER ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (DOC. NO. 5) entered. For the foregoing reasons, Hetzler's motion for preliminary injunction, Doc. No. 5, is ALLOWED. Thus, the Court PRELIMINARILY ENJOINS the City from enforcing against Hetzler Fall River City Charter 4-3 if he is reelected to the School Committee. As "the First Circuit has recognized an exception to the security bond requirement in Fed. R. Civ. P. 65(c) in suits to enforce important federal rights or public interests," Westfield High Sch. L.I.F.E. Club v. City of Westfield, 249 F. Supp. 2d 98, 129 (D. Mass. 2003) (quotation marks omitted), the Court has not set security with the issuance of this Order. re #5 Motion for Preliminary Injunction (Simeone, Maria) (Main Document 14 replaced on 10/4/2019) (Simeone, Maria). |
| Filing 13 Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Motion Hearing held on 10/4/2019 re #5 First MOTION for Preliminary Injunction filed by Joshua Hetzler. The court hears the oral argument of counsel and will take the matter under advisement. (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) |
| Filing 12 MEMORANDUM in Opposition re #5 First MOTION for Preliminary Injunction filed by City of Fall River. (Howayeck, Gary) |
| Filing 11 ANSWER to Complaint by City of Fall River.(Howayeck, Gary) |
| Filing 10 Reset Deadlines as to #5 First MOTION for Preliminary Injunction . Responses due by 9/30/2019 (Montes, Mariliz) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Joshua Hetzler. City of Fall River waiver sent on 9/6/2019, answer due 11/5/2019. (Hykel, James) |
| Filing 8 NOTICE by Joshua Hetzler Notice of Service of Hearing on Motion (Attachments: #1 Attachment - Notice of Hearing)(Hykel, James) |
| Filing 7 ELECTRONIC NOTICE Setting Hearing on Motion: The Court will hold a hearing on the Motion for a Preliminary Injunction on October 3, 2019 at 3:00 p.m. Defendant's opposition is due by September 30, 2019. Counsel for the Plaintiff shall provide notice to the Defendant of this Order and the pending Motion after which counsel shall file proof of service as to date defense counsel does not appear on the docket. #5 First MOTION for Preliminary Injunction : Motion Hearing set for 10/3/2019 03:00 PM in Courtroom 13 before District Judge Leo T. Sorokin. (Simeone, Maria) |
| Filing 6 NOTICE of Appearance by Ian O. Russell on behalf of Joshua Hetzler (Russell, Ian) |
| Filing 5 First MOTION for Preliminary Injunction by Joshua Hetzler.(Hykel, James) (Main Document 5 replaced on 9/19/2019) (Montes, Mariliz). (Additional attachment(s) added on 9/19/2019: #1 Affidavit of Joshua Hetzler in Support of Motion, #2 Exhibit A to Affidavit in Support) (Montes, Mariliz). Modified on 9/19/2019 to detach affidavit and exhibits from motion and re-docket as attachments. (Montes, Mariliz). (Additional attachment(s) added on 9/19/2019: #3 Exhibit B to Affidavit in Support, #4 Exhibit C to Affidavit in Support) (Montes, Mariliz). Modified on 9/19/2019 to Exhibits B and C to the Affidavit provided by counsel. (Montes, Mariliz). |
| Filing 4 Set Deadlines: Service to be completed by 12/2/2019. (Montes, Mariliz) |
| Filing 3 Summons Issued as to All Defendants. 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. (Coppola, Katelyn) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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. (adminn, ) |
| Filing 1 COMPLAINT against City of Fall River Filing fee: $ 400, receipt number 0101-7856070 (Fee Status: Filing Fee paid), filed by Joshua Hetzler. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Hykel, James) |
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| Defendant: City of Fall River | |
| Represented By: | Joseph I. Macy |
| Represented By: | Gary P. Howayeck |
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| Plaintiff: Joshua Hetzler | |
| Represented By: | James Hykel |
| Represented By: | Ian O. Russell |
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