Marie Baptiste et al v. Commonwealth of Massachusetts, et al
| Marie Baptiste, Mitchell Matorin and Jonathan Daponte |
| Executive Office of Housing and Economic Development, COMMONWEALTH OF MASSACHUSETTS, Gov. Charles Baker and Mike Kennealy |
| Joseph Michalakes |
| Pacific Legal Foundation, UMass Memorial Health Care, Inc., MLPB (F/K/A Medical Legal Partnership / Boston), The Public Health Law Watch, Matthew Desmond, Health Care For All, American Civil Liberties Union, The Children's Hospital Corporation, Boston Medical Center Corporation, David Robinson, Health Law Advocates, Inc., William Berman and Justin Steil |
| Chelsea Collaborative, Inc., Springfield No One Leaves, City Life/Vida Urbana and Lynn United For Change |
| 1:2020cv11335 |
| July 15, 2020 |
| US District Court for the District of Massachusetts |
| Mark L Wolf |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.
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| Filing 119 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 9/10/2020 via videoconference (continued from 9/2/20) re #69 MOTION to Dismiss Counts I, III, and V of Amended Complaint filed by Charles Baker, Mike Kennealy, #26 MOTION to Dismiss or in the Alternative to Stay filed by Executive Office of Housing and Economic Development, COMMONWEALTH OF MASSACHUSETTS, #2 MOTION for Preliminary Injunction filed by Mitchell Matorin, Marie Baptiste. Court will issue a written decision. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Vetstein, Greenman, Greaney, Cray, Weitzel) (Loret, Magdalena) |
| Filing 118 ELECTRONIC NOTICE Resetting Hearing on #2 MOTION for Preliminary Injunction, #69 MOTION to Dismiss Counts I, III, and V of Amended Complaint, #26 MOTION to Dismiss or in the Alternative to Stay: This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing re-set for 9/10/2020 02:30 PM before Judge Mark L. Wolf. (Loret, Magdalena) |
| Filing 117 MOTION to Strike #114 Memorandum in Opposition to Motion by Marie Baptiste, Jonathan Daponte, Mitchell Matorin.(Vetstein, Richard) |
| Filing 116 Supplemental MEMORANDUM in Support re #2 MOTION for Preliminary Injunction Addressing CDC Eviction Moratorium Order filed by Marie Baptiste, Jonathan Daponte, Mitchell Matorin. (Vetstein, Richard) |
| Filing 115 MEMORANDUM OF LAW by Marie Baptiste, Jonathan Daponte, Mitchell Matorin. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Vetstein, Richard) |
| Filing 114 Supplemental MEMORANDUM in Opposition re #2 MOTION for Preliminary Injunction filed by Charles Baker, COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development, Mike Kennealy. (Weitzel, Richard) |
| Filing 113 ELECTRONIC NOTICE Setting Hearing on Motion #2 MOTION for Preliminary Injunction , #69 MOTION to Dismiss Counts I, III, and V of Amended Complaint, #26 MOTION to Dismiss or in the Alternative to Stay: This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 9/9/2020 (Day 3) 02:30 PM before Judge Mark L. Wolf. (Loret, Magdalena) |
| Filing 112 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held via videoconference on 9/2/2020 (continued from 9/1/20) re #69 MOTION to Dismiss Counts I, III, and V of Amended Complaint filed by Charles Baker, Mike Kennealy, #26 MOTION to Dismiss or in the Alternative to Stay filed by Executive Office of Housing and Economic Development, COMMONWEALTH OF MASSACHUSETTS, #2 MOTION for Preliminary Injunction filed by Mitchell Matorin, Marie Baptiste. Parties present argument. Parties to supplement briefing, if needed, by 12:00 p.m. on 9/3/20. Hearing shall resume on 9/9/20 at 2:30 p.m. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Vetstein, Greenman, Greaney, Cray, Weitzel) (Loret, Magdalena) |
| Filing 111 Judge Mark L. Wolf: ORDER entered. (Loret, Magdalena) |
| Filing 110 NOTICE by Charles Baker, COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development, Mike Kennealy Notice of New Order by the Centers for Disease Control and Prevention Temporarily Halting Certain Evictions (Attachments: #1 Exhibit CDC Order (9/1/2020))(Weitzel, Richard) |
| Filing 107 ELECTRONIC NOTICE Setting Hearing on Motion #2 MOTION for Preliminary Injunction, #69 MOTION to Dismiss Counts I, III, and V of Amended Complaint, #26 MOTION to Dismiss or in the Alternative to Stay: This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 9/2/2020 02:00 PM before Judge Mark L. Wolf. (Loret, Magdalena) |
| Filing 106 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #102 Motion for Leave to Appear Pro Hac Vice Added Kathryn D. Valois. 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. (Montes, Mariliz) |
| Filing 105 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 9/1/2020 via videoconference re #69 MOTION to Dismiss Counts I, III, and V of Amended Complaint filed by Charles Baker, Mike Kennealy, #26 MOTION to Dismiss or in the Alternative to Stay filed by Executive Office of Housing and Economic Development, COMMONWEALTH OF MASSACHUSETTS, #2 MOTION for Preliminary Injunction filed by Mitchell Matorin, Marie Baptiste. Parties present argument. Parties to supplement briefing, if needed, by 11:00 a.m. on 9/3/20. Hearing shall resume on 9/2/20 at 2:00 p.m. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Vetstein, Greenman, Greaney, Cray, Weitzel) (Loret, Magdalena) |
| Filing 104 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #101 Motion for Leave to Appear Pro Hac Vice Added Ethan W. Blevins. 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. (Montes, Mariliz) |
| Filing 103 MOTION for Leave to File Amicus Curiae Brief by Pacific Legal Foundation. (Attachments: #1 Exhibit Proposed Amicus Curiae Brief)(Fabisch, Matthew) |
| Filing 102 MOTION for Leave to Appear Pro Hac Vice for admission of Kathryn D. Valois Filing fee: $ 100, receipt number 0101-8398431 by Pacific Legal Foundation. (Attachments: #1 Exhibit Certificate of Kathryn D. Valois)(Fabisch, Matthew) |
| Filing 101 MOTION for Leave to Appear Pro Hac Vice for admission of Ethan W. Blevins Filing fee: $ 100, receipt number 0101-8398411 by Pacific Legal Foundation. (Attachments: #1 Exhibit Certificate of Ethan W. Blevins)(Fabisch, Matthew) |
| Filing 100 CORPORATE DISCLOSURE STATEMENT by Pacific Legal Foundation. (Fabisch, Matthew) |
| Filing 99 NOTICE of Appearance by Matthew L. Fabisch on behalf of Pacific Legal Foundation (Fabisch, Matthew) |
| Filing 98 District Judge Mark L. Wolf: ORDER entered. It is hereby ORDERED that the parties shall be prepared to address at the September 1, 2020 hearing the implications for plaintiffs' Right to Petition claim (Count II) of Zablocki v. Redhail, 434 U.S. 374, 387 n.12 (1978), and Lyng v. Castillo, 477 U.S. 635, 638 (1986). (Montes, Mariliz) |
| Filing 121 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 (Belpedio, Lisa) |
| Filing 120 Transcript of Video Conference held on August 26, 2020, 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 9/21/2020. Redacted Transcript Deadline set for 10/1/2020. Release of Transcript Restriction set for 11/30/2020. (Belpedio, Lisa) |
| Filing 97 Judge Mark L. Wolf: MEMORANDUM AND ORDER. (Loret, Magdalena) |
| Filing 96 RESPONSE TO COURT ORDER by Charles Baker, Mike Kennealy re #91 Order,, Filed Jointly on Behalf of All Parties. (Greaney, Jennifer) |
| Filing 95 NOTICE by Charles Baker, COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development, Mike Kennealy Notice of New Federal Court Ruling on Motion for Preliminary Injunction in a COVID-19 Eviction Moratorium Case (Attachments: #1 Exhibit Memorandum/Opinion in Hapco v. City of Philadelphia et al)(Weitzel, Richard) |
| Filing 94 RESPONSE TO COURT ORDER by Charles Baker, COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development, Mike Kennealy Joint Report of the Parties Concerning Implications of State Court Decision in Response to Court's August 5, 2020 Order. (Weitzel, Richard) |
| Filing 93 REPLY to Response to #69 MOTION to Dismiss Counts I, III, and V of Amended Complaint filed by Charles Baker, COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development, Mike Kennealy. (Weitzel, Richard) |
| Filing 109 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 (Belpedio, Lisa) |
| Filing 108 Transcript of Motion Hearing held on August 24, 2020, 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 9/17/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/25/2020. (Belpedio, Lisa) |
| Filing 92 STATUS REPORT in Response to Order Dated August 5, 2020 Regarding Issuance of State Court Memorandum and Order by Charles Baker, Mike Kennealy. (Attachments: #1 Exhibit 1 - State Court PI Decision)(Greaney, Jennifer) |
| Filing 91 Judge Mark L. Wolf: ORDER entered. It is hereby ORDERED that: 1. The parties shall confer and, by August 31, 2020, at 4:00 p.m., report, jointly if possible, concerning possible settlement or mediation, and, in any event, how they propose the case proceed following the resolution of plaintiffs' Motion for Preliminary Injunction. 2. The hearing on the Motion for Preliminary Injunction (Dkt. No. 2), Motion to Dismiss (Dkt. No. 26), and Motion to Dismiss Counts II, III, and V (Dkt. No. 69) will resume on September 1, 2020, at 1:30 p.m., and continue from day to day until concluded.(Loret, Magdalena) |
| Filing 90 ELECTRONIC NOTICE Resetting Hearing on Motion #2 MOTION for Preliminary Injunction, #69 MOTION to Dismiss Counts I, III, and V of Amended Complaint, #26 MOTION to Dismiss or in the Alternative to Stay: This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 9/1/2020 01:30 PM before Judge Mark L. Wolf. (Loret, Magdalena) |
| Filing 89 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Hearing regarding scheduling and other related matters held on 8/26/2020 via videoconference. Parties shall confer and report by 4:00 p.m. on 8/31/20 regarding how to proceed following the preliminary injunction and possibility of settlement. Hearing on the Motion for Preliminary Injunction [Docket No. 2] will resume on 9/1/20 at 1:30 p.m., and continue from day to day until concluded. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Vetstein, Greenman, Greaney, Cray, Weitzel) (Loret, Magdalena) |
| Filing 88 Opposition re #69 MOTION to Dismiss Counts I, III, and V of Amended Complaint filed by Marie Baptiste, Jonathan Daponte, Mitchell Matorin. (Attachments: #1 Exhibit A, #2 Exhibit B)(Vetstein, Richard) |
| Filing 87 ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Hearing regarding scheduling and other related matters set for 8/26/2020 10:30 AM before Judge Mark L. Wolf. (Loret, Magdalena) |
| Filing 86 RESPONSE TO COURT ORDER by Charles Baker, Mike Kennealy Regarding Documents Referenced in Supplemental Brief. (Attachments: #1 Exhibit 1. Dec. of Emergency, #2 Exhibit 2. Rep. Connolly Statement, #3 Exhibit 3. Rep Honan Statement)(Greaney, Jennifer) |
| Filing 85 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: denying without prejudice #82 Motion for Leave to File Amici Curiae Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction by Matthew Desmond, American Civil Liberties Union, City Life/Vida Urbana, William Berman, Justin Steil, David Robinson. Hearing on the abstention issues raised in the Motion to Dismiss or Stay and Motion for Preliminary Injunction held via videoconference on 8/24/2020. Motion for abstention (contained in Docket No. 26) is denied without prejudice. Court hears argument regarding Motion for Preliminary Injunction. Government shall file today the text of the governor's emergency declaration. Plaintiffs' Opposition to the Motion to Dismiss the Amended Complaint shall be filed by 2:00 p.m. on 8/25/20. Defendant's Reply is due by 12:00 p.m. on 8/28/20. Day 2 of hearing will resume at 10:30 a.m. on 8/26/20. Parties shall order the transcript. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.) (Attorneys present: Vetstein, Greenman, Greaney, Cray, Weitzel) (Loret, Magdalena) Modified on 8/24/2020 (Loret, Magdalena). |
| Filing 84 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #80 Motion for Leave to Appear Pro Hac Vice Added Sandra S. Park. 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. (Montes, Mariliz) |
| Filing 83 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #81 Motion for Leave to Appear Pro Hac Vice Added Linda S. Morris. 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. (Montes, Mariliz) |
| Filing 82 MOTION for Leave to File Amici Curiae Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction by Matthew Desmond, American Civil Liberties Union, City Life/Vida Urbana, William Berman, Justin Steil, David Robinson. (Attachments: #1 Exhibit Proposed Amicus Brief)(Michalakes, Joseph) |
| Filing 81 MOTION for Leave to Appear Pro Hac Vice for admission of Linda S. Morris Filing fee: $ 100, receipt number 0101-8384260 by Joseph Michalakes. (Attachments: #1 Affidavit, #2 Exhibit)(Michalakes, Joseph) |
| Filing 80 MOTION for Leave to Appear Pro Hac Vice for admission of Sandra S. Park Filing fee: $ 100, receipt number 0101-8384237 by Joseph Michalakes. (Attachments: #1 Affidavit, #2 Exhibit)(Michalakes, Joseph) (Main Document 80 replaced on 8/21/2020) (Montes, Mariliz). Modified on 8/21/2020 to replace motion with corrected version provided b counsel (Montes, Mariliz). |
| Filing 79 Judge Mark L. Wolf: ORDER entered denying #73 Motion for Leave to File as Amicus Curiae by MLPB; denying #77 Motion for Leave to File Brief of Amici Curiae by Boston Medical Center Corporation, Health Care For All, Health Law Advocates, Inc., The Children's Hospital Corporation, The Public Health Law Watch, UMass Memorial Health Care, Inc. (Loret, Magdalena) |
| Filing 78 CORPORATE DISCLOSURE STATEMENT by Boston Medical Center Corporation, Health Care For All, Health Law Advocates, Inc., The Children's Hospital Corporation, The Public Health Law Watch, UMass Memorial Health Care, Inc. identifying Corporate Parent Children's Medical Center Corporation for The Children's Hospital Corporation; Corporate Parent BMC Health System, Inc. for Boston Medical Center Corporation.. (Lowe, Justin) |
| Filing 77 MOTION for Leave to File Brief of Amici Curiae by Boston Medical Center Corporation, Health Care For All, Health Law Advocates, Inc., The Children's Hospital Corporation, The Public Health Law Watch, UMass Memorial Health Care, Inc.. (Attachments: #1 Exhibit Brief of Amici Curiae)(Lowe, Justin) |
| Filing 76 NOTICE of Appearance by Justin J. Lowe on behalf of Health Law Advocates, Inc., Boston Medical Center Corporation, UMass Memorial Health Care, Inc., The Children's Hospital Corporation, Health Care For All, The Public Health Law Watch (Lowe, Justin) |
| Filing 75 CORPORATE DISCLOSURE STATEMENT by MLPB (F/K/A Medical Legal Partnership / Boston). (Kolodney, Lawrence) |
| Filing 74 MEMORANDUM in Support re #73 MOTION for Leave to File as Amicus Curiae filed by MLPB (F/K/A Medical Legal Partnership / Boston). (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Kolodney, Lawrence) |
| Filing 73 MOTION for Leave to File as Amicus Curiae by MLPB (F/K/A Medical Legal Partnership / Boston).(Kolodney, Lawrence) |
| Filing 72 SUR-REPLY to Motion re #2 MOTION for Preliminary Injunction filed by Charles Baker, Mike Kennealy. (Attachments: #1 Affidavit Esme Caramello, #2 Affidavit Annette Duke, #3 Affidavit Kelly Turley, #4 Affidavit Rafael Mares)(Greaney, Jennifer) |
| Filing 71 Second MOTION for Leave to File Excess Pages by Charles Baker, Mike Kennealy.(Greaney, Jennifer) |
| Filing 70 MEMORANDUM in Support re #69 MOTION to Dismiss Counts II, III, and V of Amended Complaint filed by Charles Baker, Mike Kennealy. (Greaney, Jennifer) Modified on 8/21/2020 (Loret, Magdalena). |
| Filing 69 MOTION to Dismiss Counts II, III, and V of Amended Complaint by Charles Baker, Mike Kennealy.(Greaney, Jennifer) Modified on 8/21/2020 (Loret, Magdalena). |
| Filing 68 REPLY to Response to #26 MOTION to Dismiss or in the Alternative to Stay filed by Charles Baker, Mike Kennealy. (Greaney, Jennifer) |
| Filing 67 Supplemental MEMORANDUM in Opposition re #2 MOTION for Preliminary Injunction in Response to August 5, 2020 Order filed by Charles Baker, Mike Kennealy. (Attachments: #1 Appendix Legislative History)(Greaney, Jennifer) |
| Filing 66 RESPONSE TO COURT ORDER by Marie Baptiste, Jonathan Daponte, Mitchell Matorin Re. Court's Aug. 5th Order. (Vetstein, Richard) |
| Filing 65 ELECTRONIC NOTICE Setting Hearing on Motion #2 MOTION for Preliminary Injunction , #26 MOTION to Dismiss or in the Alternative to Stay: This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 8/31/2020 10:00 AM, 9/1/2020 10:00 AM, and 9/2/2020 10:00 AM before Judge Mark L. Wolf. (Loret, Magdalena) |
| Filing 64 ELECTRONIC NOTICE of Hearing on the abstention issues raised in the Motion to Dismiss or Stay, and possibly concerning the Motion for Preliminary Injunction. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Hearing set for 8/24/2020 10:00 AM before Judge Mark L. Wolf. (Loret, Magdalena) |
| Filing 63 Judge Mark L. Wolf: ORDER entered. (Loret, Magdalena) |
| Filing 62 Summons Issued as to Charles Baker, Mike Kennealy. 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. (Montes, Mariliz) |
| Filing 61 AFFIDAVIT in Opposition re #26 MOTION to Dismiss or in the Alternative to Stay filed by Jonathan Daponte. (Vetstein, Richard) |
| Filing 60 Supplemental AFFIDAVIT in Support re #2 MOTION for Preliminary Injunction filed by Marie Baptiste. (Vetstein, Richard) |
| Filing 59 Supplemental AFFIDAVIT in Support re #2 MOTION for Preliminary Injunction filed by Mitchell Matorin. (Vetstein, Richard) |
| Filing 58 AMENDED COMPLAINT against Charles Baker, Mike Kennealy, filed by Marie Baptiste, Mitchell Matorin.(Vetstein, Richard) |
| Filing 57 REPLY to Response to #2 MOTION for Preliminary Injunction filed by Marie Baptiste, Mitchell Matorin. (Vetstein, Richard) |
| Filing 56 AFFIDAVIT of G. Emil Ward, Esq. in Support re #2 MOTION for Preliminary Injunction filed by Marie Baptiste, Mitchell Matorin. (Vetstein, Richard) |
| Filing 55 Opposition re #26 MOTION to Dismiss or in the Alternative to Stay filed by Marie Baptiste, Mitchell Matorin. (Vetstein, Richard) |
| Filing 52 STATUS REPORT Re. Court's Aug. 5th Order by Marie Baptiste, Mitchell Matorin. (Vetstein, Richard) |
| Filing 51 STATUS REPORT in Response to August 5, 2020 Order by COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development. (Attachments: #1 Exhibit A-Transcript, #2 Exhibit B-CuomoBrief, #3 Exhibit C-ShortResponse)(Greaney, Jennifer) |
| Filing 54 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 (Belpedio, Lisa) |
| Filing 53 Transcript of Video Conference Motion Hearing and Ruling held on August 4, 2020, 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 8/27/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/4/2020. (Belpedio, Lisa) |
| Filing 50 Judge Mark L. Wolf: ORDER entered regarding 8/4/20 hearing. (Loret, Magdalena) |
| Filing 49 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: denying #23 Motion to Intervene. Hearing re Motion to Intervene and Scheduling Conference held on 8/4/2020 via videoconference. Counsel present argument, Court issues oral decision denying Motion to Intervene without prejudice. Parties shall confer and report by 12:00 p.m. on 8/7/20. Separate Order to issue. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.) (Attorneys present: Vetstein, Greenman, Greaney, Cray, Weitzel, Michalakes, Park, Edmonstone, St. Cyr) (Loret, Magdalena) |
| Filing 48 STATUS REPORT Regarding the Court's Order of July 29, 2020 by Chelsea Collaborative, Inc., City Life/Vida Urbana, Lynn United For Change, Springfield No One Leaves. (Michalakes, Joseph) |
| Filing 47 STATUS REPORT in Response to Court Order Dated July 29, 2020 by COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development. (Greaney, Jennifer) |
| Filing 46 STATUS REPORT Re. Court's July 29, 2020 Order Re. Disqualification by Marie Baptiste, Mitchell Matorin. (Vetstein, Richard) |
| Filing 45 Reset Deadlines as to #2 MOTION for Preliminary Injunction . Replies due by 8/6/2020. (Montes, Mariliz) |
| Filing 44 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #43 Plaintiffs' motion to enlarge time for filing reply brief in connection with Motion for Preliminary Injunction. Reply brief shall be due 8/6/20. (Loret, Magdalena) |
| Filing 43 First MOTION enlarge time for filing reply brief in connection with motion for preliminary injunction re #2 MOTION for Preliminary Injunction by Marie Baptiste, Mitchell Matorin.(Greenman, Jordana) |
| Filing 42 Judge Mark L. Wolf: ORDER entered. It is hereby ORDERED that: 1. Counsel shall, by August 3, 2020, consult their respective clients and state whether they believe that my disqualification is required by 28 U.S.C. 455(a) and/or (b), and, in any event, whether they waive any 455(a) ground for my disqualification pursuant to 28 U.S.C. 455(e). See United States v. Sampson, 148 F. Supp. 3d 75, 85-88 (D. Mass. 2015). 2. Any party that wishes to question me about this matter may defer responding to paragraph 1 hereinabove until after there is an opportunity to do so at the beginning of the August 4, 2020 hearing. (Loret, Magdalena) |
| Filing 41 NOTICE of Appearance by Jane L. Edmonstone on behalf of Chelsea Collaborative, Inc., City Life/Vida Urbana, Lynn United For Change, Springfield No One Leaves (Edmonstone, Jane) |
| Filing 40 ELECTRONIC NOTICE Canceling Hearing on the Motion for Preliminary Injunction set for 8/6/20. (Loret, Magdalena) |
| Filing 39 Reset Deadlines: In re. #36 Order: Status Report due by 7/28/2020; Reset Deadlines as to #26 MOTION to Dismiss or in the Alternative to Stay : Responses due by 8/11/2020. (Montes, Mariliz) |
| Filing 38 NOTICE of Appearance by Andrea M. Park on behalf of Chelsea Collaborative, Inc., City Life/Vida Urbana, Lynn United For Change, Springfield No One Leaves. (Filed for counsel, the system was giving her an error message.) (Jones, Sherry) |
| Filing 37 ELECTRONIC NOTICE Setting Hearing on Motion #22 MOTION to Intervene or in the alternative for Participation as "Enhanced" Amici Curiae, #23 Amended MOTION to Intervene or in the alternative for Participation as "Enhanced" Amici Curiae: This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 8/4/2020 02:00 PM before Judge Mark L. Wolf. (Loret, Magdalena) |
| Filing 36 Judge Mark L. Wolf: ORDER entered. It is hereby ORDERED that: 1. A hearing on the pending motion to intervene or to participate as "enhanced" amicus curiae (Docket No. 23) and scheduling conference shall be held, by videoconference, on August 4, 2020, at 2:00 p.m. 2. As requested in the July 28, 2020 Joint Report of the Parties (Docket No. 35), plaintiffs shall, by August 11, 2020, respond to defendants' motion to dismiss or stay ( Docket No. 26), and any reply shall be filed by August 18, 2020. (Loret, Magdalena) |
| Filing 35 STATUS REPORT Joint in Response to July 27, 2020 Order by COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development. (Greaney, Jennifer) |
| Filing 34 MEMORANDUM in Opposition re #23 Amended MOTION to Intervene or in the alternative for Participation as "Enhanced" Amici Curiae, #22 MOTION to Intervene or in the alternative for Participation as "Enhanced" Amici Curiae filed by Marie Baptiste, Mitchell Matorin. (Vetstein, Richard) |
| Filing 33 STATUS REPORT Re. Court's July 23, 2020 Order by Marie Baptiste, Mitchell Matorin. (Vetstein, Richard) |
| Filing 32 RESPONSE TO COURT ORDER by COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development re #24 Order, Set Deadlines, Terminate Hearings . (Attachments: #1 Exhibit A-WSJ Article)(Cray, Pierce) |
| Filing 31 MOTION for Leave to File Excess Pages in Opposition to Motion for Preliminary Injunction by COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development.(Greaney, Jennifer) |
| Filing 30 MEMORANDUM in Opposition re #2 MOTION for Preliminary Injunction filed by COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development. (Attachments: #1 Exhibit A-Elmsford Slip Op., #2 Exhibit B-Governors Letter, #3 Exhibit C-Cty Butler Slip Op., #4 Affidavit Rosalin Acosta, #5 Affidavit Joshua Barocas, M.D., #6 Affidavit William Bartosch, #7 Affidavit Monica Bharel, M.D., #8 Affidavit Michael Cole, #9 Affidavit Jessie Gaeta, M.D., #10 Affidavit Colin Harnsgate, #11 Affidavit Christina Maxwell, #12 Affidavit Colin McNiece, #13 Affidavit Mark Melnik, #14 Affidavit Timothy Reardon, #15 Affidavit Pamela Schwartz, #16 Affidavit Amy Stitely, #17 Affidavit Amber Anderson Villa, #18 Affidavit Domonique Williams)(Greaney, Jennifer) |
| Filing 29 Judge Mark L. Wolf: ORDER entered re #26 MOTION to Dismiss or in the Alternative to Stay filed by Executive Office of Housing and Economic Development, Commonwealth of Massachusetts. The court has received defendants' Motion to Dismiss, or, in the Alternative, to Stay and supporting memorandum (Dkt. Nos. 26, 27) (the "Motion"). It is hereby ORDERED that the parties shall confer and report by 12:00 noon on July 28, 2020, on a proposed schedule for plaintiffs to respond to the Motion and for defendants to file any reply. (Loret, Magdalena) |
| Filing 27 MEMORANDUM in Support of #26 MOTION to Dismiss or in the Alternative to Stay filed by COMMONWEALTH OF MASSACHUSETTS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Montes, Mariliz) |
| Filing 26 MOTION to Dismiss or in the Alternative to Stay by COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development. (Weitzel, Richard) Modified on 7/24/2020 to detach memorandum and its exhibits and re-docket as a new docket entry (See Doc. No 27)(Montes, Mariliz). |
| Filing 25 STATUS REPORT Joint by Marie Baptiste, Mitchell Matorin. (Vetstein, Richard) |
| Filing 24 Judge Mark L. Wolf: ORDER entered. The parties shall confer by 7/27/2020. The August 6 hearing on the Motion for Preliminary Injunction is CANCELLED.( Status Report due by 7/27/2020)(Montes, Mariliz) |
| Filing 28 MEMORANDUM in Support of #23 Amended MOTION to Intervene or in the alternative for Participation as "Enhanced" Amici Curiae filed by Chelsea Collaborative, Inc., City Life/Vida Urbana, Lynn United For Change, Springfield No One Leaves. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Montes, Mariliz) |
| Filing 23 Amended MOTION to Intervene or in the alternative for Participation as "Enhanced" Amici Curiae by Chelsea Collaborative, Inc., City Life/Vida Urbana, Lynn United For Change, Springfield No One Leaves. Modified on 7/24/2020 to detach memorandum and its exhibits and re-docket as a new docket entry (See Doc. no. 28)(Montes, Mariliz). |
| Filing 22 MOTION to Intervene or in the alternative for Participation as "Enhanced" Amici Curiae by City Life/Vida Urbana, Chelsea Collaborative, Inc., Lynn United For Change, Springfield No One Leaves. (Attachments: #1 Memorandum of Law, #2 Exhibit Exhibit A--Superior Court Orders and Pleadings, #3 Affidavit Exhibit B--Affidavit of Lisa Owens, #4 Affidavit Exhibit C--Affidavit of Gladys Vega, #5 Affidavit Exhibit D--Affidavit of Drenusha Jusufi, #6 Affidavit Exhibit E--Affidavit of Rose Webster-Smith)(Michalakes, Joseph) |
| Filing 21 Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER.It is hereby ORDERED that, by July 27, 2020, the parties shall confer and report: (a) whether they believe my disqualification is required pursuant to 28 U.S.C. 455(a) and/or (b); whether they believe Mr. Weitzel's disqualification is required; and, in any event, (c) whether they wish to waive any 455(a) ground for my disqualification relating to Mr. Weitzel, pursuant to 455(e). If the parties wish to question me about this matter, they shall so state in their reports, and they will be allowed to defer responding to the foregoing questions until they are discussed at a hearing in this case. (Montes, Mariliz) |
| Filing 20 ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Hearing is set for 8/7/2020 at 01:30 PM before Judge Mark L. Wolf, ( if necessary,as continuance of hearing on #2 motion for preliminary injunction)(Montes, Mariliz) |
| Filing 19 NOTICE by COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development Regarding No Entry of a Preliminary Injunction in State Case (Greaney, Jennifer) |
| Filing 18 NOTICE of Appearance by Jennifer E. Greaney on behalf of COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development (Greaney, Jennifer) |
| Filing 17 SUMMONS Returned Executed (Greenman, Jordana) |
| Filing 16 NOTICE of Appearance by Richard Weitzel on behalf of COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development (Weitzel, Richard) |
| Filing 15 NOTICE of Appearance by Pierce O. Cray on behalf of Executive Office of Housing and Economic Development (Cray, Pierce) |
| Filing 14 NOTICE of Appearance by Pierce O. Cray on behalf of COMMONWEALTH OF MASSACHUSETTS (Cray, Pierce) |
| Filing 13 SUMMONS Returned Executed Marie Baptiste served on 7/17/2020, answer due 8/7/2020; Mitchell Matorin served on 7/17/2020, answer due 8/7/2020. (Greenman, Jordana) |
| Filing 12 Judge Mark L. Wolf: ORDER entered re #2 MOTION for Preliminary Injunction filed by Mitchell Matorin, Marie Baptiste:It is hereby ORDERED that:1.Plaintiffs shall serve on defendants forthwith the Complaint, the Motion and related submissions, and this Order.2.Counsel for the parties shall confer and, by July 23, 2020, report whether they have agreed to a resolution of this case or the Motion. If not, they shall report: the nature and status of the parallel state case; the terms of any preliminary injunction issued in that case; whether any such preliminary injunction is being appealed; and any information concerning whether the Governor is likely to extend the moratorium on evictions and foreclosures beyond August 18, 2020.3.If the parties have not agreed to a resolution of this case or of the Motion, defendants shall, by July 27, 2020, respond of the Motion. They shall, among other things, address: any claim that this court lacks subject matter jurisdiction; any claim that this court should abstain from deciding this case in view of the parallel state court case; any claim of sovereign immunity; and whether if the Act expires on August 18, 2020, this case will be moot, see,e.g., Kingdomware Techs., Inc. v. UnitedStates,136 S.Ct.1969,1976(2016); Already,LLC v. Nike, Inc., 568 U.S. 85, 91 (2013).4.Plaintiffs shall file their reply by August 3, 2020.5.A hearing on the Motion shall be held, by videoconference, on August 6, 2020, at 1:30 p.m., and continue on August 7, 2020, if necessary. A representative of each party with full settlement authority shall attend. Set Deadlines as to #2 MOTION for Preliminary Injunction : Responses due by 7/2/2020, Replies due by 8/3/2020., Motion Hearing set for 8/6/2020 at 01:30 PM before Judge Mark L. Wolf.); Status Report due by 7/23/2020(Montes, Mariliz) |
| Filing 11 Amended AFFIDAVIT of Marie Baptiste in Support re #2 MOTION for Preliminary Injunction filed by Marie Baptiste. (Vetstein, Richard) |
| Filing 10 Set Deadlines: Service to be completed by 10/13/2020. (Montes, Mariliz) |
| Filing 9 Summons Issued as to COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development. 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) |
| Filing 8 NOTICE of Appearance by Jordana R. Greenman on behalf of Marie Baptiste, Mitchell Matorin (Greenman, Jordana) |
| Filing 7 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. (Danieli, Chris) |
| Filing 6 MEMORANDUM in Support re #2 MOTION for Preliminary Injunction filed by Marie Baptiste, Mitchell Matorin. (Vetstein, Richard) |
| Filing 5 MOTION for Leave to File Excess Pages Re. Motion for Preliminary Injunction by Marie Baptiste, Mitchell Matorin.(Vetstein, Richard) |
| Filing 4 AFFIDAVIT of Mitchell Matorin in Support re #2 MOTION for Preliminary Injunction filed by Mitchell Matorin. (Vetstein, Richard) |
| Filing 3 AFFIDAVIT of Marie Baptiste in Support re #2 MOTION for Preliminary Injunction filed by Marie Baptiste. (Vetstein, Richard) |
| Filing 2 MOTION for Preliminary Injunction by Marie Baptiste, Mitchell Matorin.(Vetstein, Richard) |
| Filing 1 COMPLAINT Verified against COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development Filing fee: $ 400, receipt number 0101-8330237 (Fee Status: Filing Fee paid), filed by Marie Baptiste, Mitchell Matorin. (Attachments: #1 Civil Cover Sheet)(Vetstein, Richard) |
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