Nelson v. Hull et al
| Mark Nelson |
| Gary DePalma, Jeffrey M. Hull, John (Al) Spaulding, Valerie Gingrich, Paul Alunni, Marie (Toni) Larivee, Jonathan Eaton, Town of Wilmington, Kevin Caira, Gregory Bendel, Michael J. Woods and Jomarie F. O'Mahony |
| 1:2020cv11576 |
| August 24, 2020 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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| Filing 31 Filing fee/payment: $ 505.00, receipt number 1BST084766 for #26 Notice of Appeal. (Paine, Matthew) |
| Filing 28 USCA Case Number 21-1291 for #26 Notice of Appeal, filed by Mark Nelson. (Paine, Matthew) |
| Filing 27 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #26 Notice of Appeal. (Paine, Matthew) |
| Filing 26 NOTICE OF APPEAL as to #25 Order Dismissing Case, #24 Memorandum & ORDER by Mark Nelson 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 5/3/2021. (Attachments: #1 Cover Letter)(Currie, Haley) |
| Filing 30 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 (Coppola, Katelyn) |
| Filing 29 Transcript of Motion Hearing held on October 29, 2020, before Judge Denise J. Casper. COA Case No. 21-1291. 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: Debra Joyce at joycedebra@gmail.com. Redaction Request due 5/3/2021. Redacted Transcript Deadline set for 5/13/2021. Release of Transcript Restriction set for 7/12/2021. (Coppola, Katelyn) |
| Filing 25 Judge Denise J. Casper: ORDER entered. ORDER DISMISSING CASE(Hourihan, Lisa) |
| Filing 24 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS Defendants' motion to dismiss, D. 7.(Hourihan, Lisa) |
| Filing 23 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #11 Motion to Remand. Having considered the motion, D. 11 (and D. 18, which Plaintiff also filed in support of the motion), and Defendants' opposition, D. 12, the Court DENIES the motion to remand. There was no deficiency to the Defendants' removal of the case to this Court and no legal grounds for remand. Accordingly, the motion is DENIED and the case will remain here, pending the Court's ruling on the pending motion to dismiss. (Hourihan, Lisa) |
| Filing 22 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #8 Motion for Leave to File Excess Pages for Memorandum of 29 Pages, exceeding Local Rule 7.1(b)(4) Page Limits by Paul Alunni, Gregory Bendel, Kevin Caira, Gary DePalma, Jonathan Eaton, Valerie Gingrich, Jeffrey M. Hull, Marie (Toni) Larivee, Jomarie F. O'Mahony, John (Al) Spaulding, Town of Wilmington, Michael J. Woods (Hourihan, Lisa) |
| Filing 21 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #10 Motion for leave to electronically file Pro Se. The court grants permission on the condition that the plaintiff satisfies all applicable training and other requirements for pro se litigants as stated in the CM/ECF Administrative Procedures, Page 5. The plaintiff is directed to complete the registration form accessible at https://public.mad.uscourts.gov/ecfreg.html (Hourihan, Lisa) |
| Filing 20 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 10/29/2020 re #6 MOTION to Dismiss filed by Gary DePalma, Kevin Caira, John (Al) Spaulding, Paul Alunni, Michael J. Woods, Jonathan Eaton, Valerie Gingrich, Marie (Toni) Larivee, Jomarie F. O'Mahony, Jeffrey M. Hull, Town of Wilmington, Gregory Bendel, #11 MOTION to Remand filed by Mark Nelson by videoconference. Arguments. Court takes under advisement #6 Motion to Dismiss and #11 Motion to Remand.(Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Mark Nelson pro se. John Cloherty for the defendants.) (Hourihan, Lisa) |
| Filing 19 AFFIDAVIT in Support of #13 Plaintiff's Opposition to #6 Motion to Dismiss. (Currie, Haley) |
| Filing 18 AFFIDAVIT in Support re #11 MOTION to Remand filed by Mark Nelson. (Currie, Haley) |
| Filing 17 Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Videoconference(Hourihan, Lisa) |
| Filing 16 STATE COURT Record All Defendants.. (Attachments: #1 Certificate of Service)(Cloherty, John) (Main Document edited and replaced due to multiple blank pages on 10/15/2020) (Currie, Haley). |
| Filing 15 MEMORANDUM in Opposition re #6 MOTION to Dismiss filed by Mark Nelson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Currie, Haley) |
| Filing 14 ELECTRONIC NOTICE Setting Hearing on Motion #11 MOTION to Remand, #6 MOTION to Dismiss : 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://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court 039;s general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 10/29/2020 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 13 Plaintiff's Opposition to #6 MOTION to Dismiss filed by Mark Nelson. (Currie, Haley) |
| Filing 12 Opposition re #11 MOTION to Remand filed by Paul Alunni, Gregory Bendel, Kevin Caira, Gary DePalma, Jonathan Eaton, Valerie Gingrich, Jeffrey M. Hull, Marie (Toni) Larivee, Jomarie F. O'Mahony, John (Al) Spaulding, Town of Wilmington, Michael J. Woods. (Cloherty, John) |
| Filing 11 MOTION to Remand by Mark Nelson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Currie, Haley) |
| Filing 10 MOTION for Leave to File Electronically by Mark Nelson.(Currie, Haley) |
| Filing 9 NOTICE of Appearance by John M. Wilusz on behalf of Paul Alunni, Gregory Bendel, Kevin Caira, Gary DePalma, Jonathan Eaton, Valerie Gingrich, Jeffrey M. Hull, Marie (Toni) Larivee, Jomarie F. O'Mahony, John (Al) Spaulding, Town of Wilmington, Michael J. Woods (Wilusz, John) |
| Filing 8 MOTION for Leave to File Excess Pages for Memorandum of 29 Pages, exceeding Local Rule 7.1(b)(4) Page Limits by Paul Alunni, Gregory Bendel, Kevin Caira, Gary DePalma, Jonathan Eaton, Valerie Gingrich, Jeffrey M. Hull, Marie (Toni) Larivee, Jomarie F. O'Mahony, John (Al) Spaulding, Town of Wilmington, Michael J. Woods.(Cloherty, John) |
| Filing 7 MEMORANDUM in Support re #6 MOTION to Dismiss filed by Paul Alunni, Gregory Bendel, Kevin Caira, Gary DePalma, Jonathan Eaton, Valerie Gingrich, Jeffrey M. Hull, Marie (Toni) Larivee, Jomarie F. O'Mahony, John (Al) Spaulding, Town of Wilmington, Michael J. Woods. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Supplement D)(Cloherty, John) |
| Filing 6 MOTION to Dismiss by Paul Alunni, Gregory Bendel, Kevin Caira, Gary DePalma, Jonathan Eaton, Valerie Gingrich, Jeffrey M. Hull, Marie (Toni) Larivee, Jomarie F. O'Mahony, John (Al) Spaulding, Town of Wilmington, Michael J. Woods.(Cloherty, John) |
| Filing 5 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Vieira, Leonardo) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper 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) |
| Filing 3 NOTICE of Appearance incorrectly. Please see D. 9 for the corrected entry. (Currie, Haley). |
| Filing 2 NOTICE of Appearance by John J. Cloherty, III on behalf of Paul Alunni, Gregory Bendel, Kevin Caira, Gary DePalma, Jonathan Eaton, Valerie Gingrich, Jeffrey M. Hull, Marie (Toni) Larivee, Jomarie F. O'Mahony, John (Al) Spaulding, Town of Wilmington, Michael J. Woods (Cloherty, John) |
| Filing 1 NOTICE OF REMOVAL by Paul Alunni, Gregory Bendel, Kevin Caira, Gary DePalma, Jonathan Eaton, Valerie Gingrich, Jeffrey M. Hull, Marie (Toni) Larivee, Jomarie F. O'Mahony, John (Al) Spaulding, Town of Wilmington, Michael J. Woods ( Filing fee: $ 400, receipt number 0101-8386056 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A - Pltf. Complaint, #2 Exhibit B - Summons, #3 Civil Cover Sheet, #4 Category Form)(Cloherty, John) |
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