Mass Dynamics, LLC et al v. Baker et al
| Boston Vapor, LLC, Mass Dynamics, LLC, Linda and Jeffrey Vick, JimBuddy's Incorporated, J's Vapor Den and Sicapo, LLC |
| Governor Charles D Baker, Commissioner of DPH Monica Bharel and COMMONWEALTH OF MASSACHUSETTS |
| 1:2019cv12035 |
| September 29, 2019 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 36 NOTICE of Voluntary Dismissal by All Plaintiffs (Rourke, Craig). Modified on 11/18/2019: Replaced document. Original was missing e-signature. (Kelly, Danielle). |
| Filing 35 AMENDED COMPLAINT against All Defendants, filed by Boston Vapor, LLC, J's Vapor Den, JimBuddy's Incorporated, Mass Dynamics, LLC, Sicapo, LLC, Linda and Jeffrey Vick.(Rourke, Craig) |
| Filing 34 Judge Indira Talwani: ELECTRONIC ORDER entered granting #33 Motion to Amend. The Amended Complaint can now be electronically filed on the docket by counsel. (MacDonald, Gail) |
| Filing 33 First MOTION to Amend Verified Amended Complaint by Boston Vapor, LLC, Mass Dynamics, LLC, Linda and Jeffrey Vick, JimBuddy's Incorporated, J's Vapor Den, Sicapo, LLC. (Attachments: #1 Exhibit Second Amended Complaint)(Rourke, Craig) |
| Filing 32 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 10/15/2019. Case called. Court had colloquy with counsel. Per previous Order, Plaintiff directed to file the pleadings cited to in the moving papers. Motion to Amend Complaint due 10/18/19; Response due 11/15/19. If Defendants file an Answer and not a Motion to Dismiss then initial disclosures will be set to start two weeks after that. If a Motion to Dismiss is filed, discovery will be stayed. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Rourke, (Cheryl Jacques must file an appearance) Spector, Kobick, Casey) (MacDonald, Gail) |
| Filing 31 RESPONSE TO COURT ORDER by Boston Vapor, LLC, Mass Dynamics, LLC, Linda and Jeffrey Vick Superior Court Complaint. (Rourke, Craig) |
| Filing 30 ELECTRONIC NOTICE of Hearing. The 9:00 Hearing is canceled. Scheduling Conference set for 10/15/2019 10:00 AM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 29 Judge Indira Talwani: ORDER entered granting #25 Motion to Withdraw Motion for Preliminary Injunction. A scheduling conference will be held on October 15, 2019, at 10:00 a.m. in courtroom 9 in lieu of the evidentiary hearing. (Talwani, Indira) |
| Filing 28 Judge Indira Talwani: ELECTRONIC ORDER entered: In their pending Motion to Withdraw Motion for Preliminary Injunction and Cancel Evidentiary Hearing #25 , Plaintiffs refer to another matter they have filed entitled Vapor Zone v. Massachusetts Department of Public Health, et al. 1984 CV 03023 (Suffolk Super Ct.) that somehow has bearing on the request to cancel the hearing scheduled in this court for October 15. Plaintiffs shall promptly file in connection with the pending request here a copy of the complaint at issue in the Superior Court action. (Talwani, Indira) |
| Filing 27 RESPONSE to Motion re #25 MOTION to Withdraw #8 Emergency MOTION for Hearing re #5 MOTION for Temporary Restraining Order and Preliminary Injunction, #6 Memorandum in Support of Motion, , #6 Memorandum in Support of Motion, filed by Charles D Baker, Monica Bharel, COMMONWEALTH OF MASSACHUSETTS. (Casey, Timothy) |
| Filing 26 NOTICE of Appearance by Craig E. Rourke on behalf of Boston Vapor, LLC, Mass Dynamics, LLC, Linda and Jeffrey Vick (Rourke, Craig) |
| Filing 25 MOTION to Withdraw #8 Emergency MOTION for Hearing re #5 MOTION for Temporary Restraining Order and Preliminary Injunction, #6 Memorandum in Support of Motion, , #6 Memorandum in Support of Motion, by Boston Vapor, LLC, Mass Dynamics, LLC, Linda and Jeffrey Vick.(Rourke, Craig) |
| Filing 24 AFFIDAVIT of Julia E. Kobick in Opposition re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Charles D Baker, Monica Bharel, COMMONWEALTH OF MASSACHUSETTS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG)(Kobick, Julia) |
| Filing 23 Opposition re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Charles D Baker, Monica Bharel, COMMONWEALTH OF MASSACHUSETTS. (Spector, Amy) |
| Filing 22 Judge Indira Talwani: ELECTRONIC ORDER entered granting #21 Motion for Leave to File Excess Pages (Talwani, Indira) |
| Filing 21 MOTION for Leave to File Excess Pages by Charles D Baker, Monica Bharel, COMMONWEALTH OF MASSACHUSETTS.(Spector, Amy) |
| Filing 20 Judge Indira Talwani: ELECTRONIC ORDER: any opposition to Plaintiff's Motion for Preliminary Injunction #5 shall be filed no later than 1:00 p.m. on Friday, October 11, 2019. (MacDonald, Gail) |
| Filing 19 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 18 Transcript of Motion Hearing held on October 4, 2019, before Judge Indira Talwani. 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 10/28/2019. Redacted Transcript Deadline set for 11/7/2019. Release of Transcript Restriction set for 1/6/2020. (Scalfani, Deborah) |
| Filing 17 Judge Indira Talwani: ELECTRONIC ORDER entered denying Motion #5 as to the issuance of a temporary restraining order. The court finds that Plaintiffs have not demonstrated a threat of irreparable harm if a temporary restraining order does not issue. The court does not reach the likelihood of success on the merits. The request for a preliminary injunction is set for hearing on October 15, 2019. (Talwani, Indira) |
| Filing 16 NOTICE of Appearance by Timothy James Casey on behalf of Charles D Baker, Monica Bharel, COMMONWEALTH OF MASSACHUSETTS (Casey, Timothy) |
| Filing 15 NOTICE of Appearance by Amy Spector on behalf of Charles D Baker, Monica Bharel, COMMONWEALTH OF MASSACHUSETTS (Spector, Amy) |
| Filing 14 NOTICE of Appearance by Julia E. Kobick on behalf of Charles D Baker, Monica Bharel, COMMONWEALTH OF MASSACHUSETTS (Kobick, Julia) |
| Filing 13 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 10/4/2019 re #5 MOTION for Temporary Restraining Order filed by Boston Vapor, LLC, Mass Dynamics, LLC, Linda and Jeffrey Vick. (Motion hearing consolidated with 1:19-CV-12048 Vapor Technology Association et al v. Baker et al.) Case called. Court heard argument from counsel. Motion for TRO taken under advisement. Preliminary Injunction Hearing set for 10/15/2019 09:00 AM in Courtroom 9 before Judge Indira Talwani. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Attorneys present: Rourke. Def. counsel to enter an appearance: Casey, Spector, Kobick) (MacDonald, Gail) |
| Filing 12 DOCUMENT FILED IN ERROR. |
| Filing 11 AFFIDAVIT of Craig Rourke re #4 Amended Complaint, #8 Emergency MOTION for Hearing re #5 MOTION for Temporary Restraining Order and Preliminary Injunction, #6 Memorandum in Support of Motion, , #5 MOTION for Temporary Restraining Order and Preliminary Injunction, #7 Corporate Disclosure Statement, #6 Memorandum in Support of Motion, Affidavit Of Service by Boston Vapor, LLC, Mass Dynamics, LLC, Linda and Jeffrey Vick. (Rourke, Craig) |
| Filing 10 Judge Indira Talwani: ELECTRONIC ORDER: Plaintiffs shall promptly file an Affidavit of Service for their Amended Complaint #4 and Motion for Temporary Restraining Order #5 . Plaintiffs shall also promptly serve on Defendants the court's Notice 9 scheduling the Motion for Temporary Restraining Order #5 for hearing on 10/4/2019 at 10:00 A.M. (Vieira, Leonardo) |
| Filing 9 ELECTRONIC NOTICE: A Hearing on Plaintiffs' request for a temporary restraining order #5 is set for 10/4/2019 10:00 AM in Courtroom 9 before Judge Indira Talwani. The TRO hearing will be limited to the question of whether Plaintiffs are entitled to injunctive relief in advance of full briefing and/or an evidentiary hearing on the request for a preliminary injunction. (MacDonald, Gail) |
| Filing 8 Emergency MOTION for Hearing re #5 MOTION for Temporary Restraining Order and Preliminary Injunction, #6 Memorandum in Support of Motion, by Boston Vapor, LLC, Mass Dynamics, LLC, Linda and Jeffrey Vick.(Rourke, Craig) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Boston Vapor, LLC, Mass Dynamics, LLC, Linda and Jeffrey Vick. (Rourke, Craig) |
| Filing 6 MEMORANDUM in Support re #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Boston Vapor, LLC, Mass Dynamics, LLC, Linda and Jeffrey Vick. (Attachments: #1 Exhibit Emergency Order, #2 Exhibit Emergency Declaration)(Rourke, Craig) |
| Filing 5 MOTION for Temporary Restraining Order and Preliminary Injunction by Boston Vapor, LLC, Mass Dynamics, LLC, Linda and Jeffrey Vick. (Attachments: #1 Exhibit Emergency Order, #2 Exhibit Emergency Regulation, #3 Exhibit Signage, #4 Proposed Order)(Rourke, Craig) |
| Filing 4 AMENDED COMPLAINT against All Defendants, filed by Boston Vapor, LLC, Mass Dynamics, LLC, Linda and Jeffrey Vick. (Attachments: #1 Exhibit Emergency Declaration, #2 Exhibit Emergency Order, #3 Exhibit Signage, #4 Verification, #5 Verification, #6 Civil Cover Sheet Cover Sheet)(Rourke, Craig) (Additional attachment(s) added on 10/3/2019: #7 Category Form) (McKillop, Matthew). |
| Filing 3 Summons Issued as to Charles D Baker, Monica Bharel, COMMONWEALTH OF MASSACHUSETTS. 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. (McKillop, Matthew) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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 Marianne B. Bowler. (Finn, Mary) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7899675 (Fee Status: Filing Fee paid), filed by Boston Vapor, LLC, Linda and Jeffrey Vick d/b/a Vick's Vape Shop, Mass Dynamics, LLC. (Attachments: #1 Civil Cover Sheet)(Rourke, Craig) |
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