Vapor Technology Association et al v. Baker et al
Plaintiff: Adam Webster, Rising Sun Vapors LLC, Vapor Technology Association, Christopher Austin, The Steam Co. LLC, Ohmerica LLC, Ian Devine and Devine Enterprise Inc
Defendant: Governor Charlie Baker and Commissioner of DPH Monica Bharel
Case Number: 1:2019cv12048
Filed: October 1, 2019
Court: US District Court for the District of Massachusetts
Presiding Judge: Indira Talwani
Nature of Suit: Constitutional - State Statute
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2019 Filing 37 NOTICE of Voluntary Dismissal by All Plaintiffs (Fick, William)
October 18, 2019 Filing 36 AMENDED COMPLAINT against All Defendants, filed by Ohmerica LLC, Devine Enterprise Inc, Adam Webster, Ian Devine, The Steam Co. LLC, Christopher Austin, Vapor Technology Association, Rising Sun Vapors LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Fick, William) Modified on 10/21/2019 to fix docket text (Vieira, Leonardo). Modified on 10/21/2019 (Vieira, Leonardo).
October 18, 2019 Filing 35 NOTICE by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster RE: Filing of First Amended Complaint (Fick, William)
October 15, 2019 Filing 34 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. If assented-to motion for leave to file amended complaint is filed and allowed, the Answer or Response will be due 11/15/19. If Answer filed, then initial disclosures will be due two weeks later, and discovery will begin. If a motion to dismiss is filed, discovery will be stayed. Plaintiffs may move to consolidate discovery with 19-CV-12035 Mass Dynamics, LLC et al v. Baker et al. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Fick, Terry, Casey, Spector, Kobick) (MacDonald, Gail)
October 13, 2019 Filing 33 ELECTRONIC NOTICE of Scheduling Conference. The Hearing set for 9:00 a.m. is canceled. Scheduling Conference set for 10/15/2019 11:00 AM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail)
October 11, 2019 Filing 32 Judge Indira Talwani: ORDER entered granting #28 Motion to Withdraw Motion for Preliminary Injunction. A scheduling conference will be held on October 15, 2019, at 11:00 a.m., in courtroom 9 in lieu of the evidentiary hearing. (Talwani, Indira)
October 11, 2019 Filing 31 NOTICE by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster re #28 MOTION to Withdraw #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and to Cancel Evidentiary Hearing (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Marx, Daniel)
October 11, 2019 Filing 30 RESPONSE to Motion re #28 MOTION to Withdraw #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and to Cancel Evidentiary Hearing filed by Charlie Baker, Monica Bharel. (Casey, Timothy)
October 11, 2019 Filing 29 Judge Indira Talwani: ELECTRONIC ORDER: Plaintiffs refer in their pending Motion to Withdraw #28 to an ongoing evidentiary hearing in Vapor Technology Association et al. v. Baker, 1984 CV 03102 (Suffolk Super. Ct.), as a reason to cancel the hearing scheduled in this court for October 15. Plaintiffs shall promptly file in connection with the pending motion here a copy of the complaint and motion(s) at issue in the Superior Court action. (Vieira, Leonardo)
October 11, 2019 Filing 28 MOTION to Withdraw #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and to Cancel Evidentiary Hearing by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster.(Fick, William)
October 7, 2019 Filing 27 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)
October 7, 2019 Filing 26 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)
October 4, 2019 Filing 25 Judge Indira Talwani: ELECTRONIC ORDER entered denying Motion #3 as to the issuance of a temporary restraining order. The court finds that Plaintiffs have not demonstrated a substantial likelihood of success on the merits or that the balance of hardships between the parties weighs in Plaintiffs' favor. The court finds further that granting the request for a temporary restraining order would conflict with the public interest. The request for a preliminary injunction is set for hearing on October 15, 2019. (Talwani, Indira)
October 4, 2019 Filing 24 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Motion Hearing held on 10/4/2019 re #3 MOTION for Temporary Restraining Order filed by The Steam Co. LLC, Vapor Technology Association, Devine Enterprise Inc, Adam Webster, Ian Devine, Rising Sun Vapors LLC, Ohmerica LLC, Christopher Austin. (Motion hearing consolidated with1:19-CV-12035 Mass Dynamics, LLC 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: Fick, Terry, Casey, Spector, Kobick) (MacDonald, Gail)
October 4, 2019 Filing 23 Judge Indira Talwani: Electronic Order: STRIKING Plaintiffs' supplemental exhibit #21 and attached affidavit [21-1] as filed without leave of court. See Local Rule 7.1(b)(3) ("All other papers not filed as indicated in subsections (b)(1) [submission of motion] and (2) [submission of opposition to a motion], whether in the form of a reply brief or otherwise, may be submitted only with leave of court").(MacDonald, Gail)
October 4, 2019 Filing 22 WITHDRAWN as a duplicate order, entered in error. (MacDonald, Gail).
October 3, 2019 Filing 21 EXHIBIT re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #4 Memorandum in Support of Motion,, by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster. (Attachments: #1 Affidavit)(Fick, William)
October 3, 2019 Filing 20 AFFIDAVIT of Julia E. Kobick in Opposition re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Charlie Baker, Monica Bharel. (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)(Kobick, Julia)
October 3, 2019 Filing 19 AFFIDAVIT of Alicia Casey, M.D. in Opposition re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Charlie Baker, Monica Bharel. (Kobick, Julia)
October 3, 2019 Filing 18 Opposition re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Charlie Baker, Monica Bharel. (Spector, Amy)
October 3, 2019 Filing 17 ELECTRONIC NOTICE amending notice of Hearing on Plaintiffs' Motion #3 . A Hearing on Plaintiffs' request for a temporary restraining order is set for 10/4/2019 10:00 AM in Courtroom 9 before Judge Indira Talwani. (Note change to earlier time). 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)
October 2, 2019 Filing 16 AFFIDAVIT OF SERVICE Executed by Ohmerica LLC, Devine Enterprise Inc, Adam Webster, Ian Devine, The Steam Co. LLC, Christopher Austin, Vapor Technology Association, Rising Sun Vapors LLC. Monica Bharel served on 10/2/2019, answer due 10/23/2019. Acknowledgement filed by Ohmerica LLC; Devine Enterprise Inc; Adam Webster; Ian Devine; The Steam Co. LLC; Christopher Austin; Vapor Technology Association; Rising Sun Vapors LLC. (Fick, William)
October 2, 2019 Filing 15 AFFIDAVIT OF SERVICE Executed by Ohmerica LLC, Devine Enterprise Inc, Adam Webster, Ian Devine, The Steam Co. LLC, Vapor Technology Association, Rising Sun Vapors LLC. Charlie Baker served on 10/2/2019, answer due 10/23/2019. Acknowledgement filed by Ohmerica LLC; Devine Enterprise Inc; Adam Webster; Ian Devine; The Steam Co. LLC; Vapor Technology Association; Rising Sun Vapors LLC. (Fick, William)
October 2, 2019 Filing 14 NOTICE of Appearance by Amy Spector on behalf of Charlie Baker, Monica Bharel (Spector, Amy)
October 2, 2019 Filing 13 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #5 Motion for Leave to Appear Pro Hac Vice Added David Riskin, Joseph M. Terry and Whitney G. Woodward. 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. (Vieira, Leonardo)
October 2, 2019 Filing 12 NOTICE of Appearance by Timothy James Casey on behalf of Charlie Baker, Monica Bharel (Casey, Timothy)
October 2, 2019 Filing 11 NOTICE of Appearance by Julia E. Kobick on behalf of Charlie Baker, Monica Bharel (Kobick, Julia)
October 2, 2019 Filing 10 ELECTRONIC NOTICE Setting Hearing on Motion #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : Motion Hearing set for 10/4/2019 11:00 AM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail)
October 2, 2019 Filing 9 ELECTRONIC NOTICE issued requesting courtesy copy for #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #4 Memorandum in Support of Motion,,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 10/3/2019. 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. (Vieira, Leonardo)
October 2, 2019 Filing 8 NOTICE of Appearance by Daniel N. Marx on behalf of Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster (Marx, Daniel)
October 2, 2019 Filing 7 Summons Issued as to Christopher Austin, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster. 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. (Danieli, Chris)
October 2, 2019 Filing 6 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. (Danieli, Chris)
October 1, 2019 Filing 5 MOTION for Leave to Appear Pro Hac Vice for admission of David Randall J. Riskin, Joseph M. Terry, Whitney G. Woodward Filing fee: $ 300, receipt number 0101-7904423 by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Fick, William)
October 1, 2019 Filing 4 MEMORANDUM in Support re #3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Fick, William)
October 1, 2019 Filing 3 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction ( Responses due by 10/15/2019) by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster.(Fick, William)
October 1, 2019 Filing 2 CORPORATE DISCLOSURE STATEMENT by Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association. (Fick, William)
October 1, 2019 Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7904416 (Fee Status: Filing Fee paid), filed by Christopher Austin, Ian Devine, Devine Enterprise Inc, Ohmerica LLC, Rising Sun Vapors LLC, The Steam Co. LLC, Vapor Technology Association, Adam Webster. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Category Form, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17)(Fick, William)

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Plaintiff: Adam Webster
Represented By: Daniel N. Marx
Represented By: Joseph M Terry
Represented By: William W. Fick
Represented By: Whitney G Woodward
Represented By: David Riskin
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Plaintiff: Rising Sun Vapors LLC
Represented By: Daniel N. Marx
Represented By: Joseph M Terry
Represented By: William W. Fick
Represented By: Whitney G Woodward
Represented By: David Riskin
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Plaintiff: Vapor Technology Association
Represented By: Daniel N. Marx
Represented By: Joseph M Terry
Represented By: William W. Fick
Represented By: Whitney G Woodward
Represented By: David Riskin
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Plaintiff: Christopher Austin
Represented By: Daniel N. Marx
Represented By: Joseph M Terry
Represented By: William W. Fick
Represented By: Whitney G Woodward
Represented By: David Riskin
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Plaintiff: The Steam Co. LLC
Represented By: Daniel N. Marx
Represented By: Joseph M Terry
Represented By: William W. Fick
Represented By: Whitney G Woodward
Represented By: David Riskin
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Plaintiff: Ohmerica LLC
Represented By: Daniel N. Marx
Represented By: Joseph M Terry
Represented By: William W. Fick
Represented By: Whitney G Woodward
Represented By: David Riskin
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Plaintiff: Ian Devine
Represented By: Daniel N. Marx
Represented By: Joseph M Terry
Represented By: William W. Fick
Represented By: Whitney G Woodward
Represented By: David Riskin
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Plaintiff: Devine Enterprise Inc
Represented By: Daniel N. Marx
Represented By: Joseph M Terry
Represented By: William W. Fick
Represented By: Whitney G Woodward
Represented By: David Riskin
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Defendant: Governor Charlie Baker
Represented By: Julia E. Kobick
Represented By: Timothy James Casey
Represented By: Amy Spector
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Defendant: Commissioner of DPH Monica Bharel
Represented By: Julia E. Kobick
Represented By: Timothy James Casey
Represented By: Amy Spector
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