Alliance for Automotive Innovation v. Maura Healey
Plaintiff: ALLIANCE FOR AUTOMOTIVE INNOV ATION and Alliance for Automotive Innovation
Defendant: Maura Healey, Attorney General for the Commonwealth of Massachusetts and Maura Healey
Amicus Curiae: iFixit, U.S. PIRG Education Fund, Inc., SecuRepairs.org, Jonathan Askin, The Repair Association, Electronic Frontier Foundation and Right To Repair Committee
Interested Party: UNITED STATES OF AMERICA
Case Number: 1:2020cv12090
Filed: November 20, 2020
Court: US District Court for the District of Massachusetts
Presiding Judge: Douglas P Woodlock
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. § 2201 Constitutionality of State Statute(s)
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 26, 2022 Filing 275 MOTION for Leave to File Amicus Brief by Right To Repair Committee. (Attachments: #1 Exhibit Amicus Brief)(Colbert, Edward)
May 26, 2022 Filing 274 NOTICE of Appearance by Edward V. Colbert, III on behalf of Right To Repair Committee (Colbert, Edward)
April 22, 2022 Filing 273 STIPULATION (Further Modified) by Maura Healey. (Haskell, Eric)
April 15, 2022 Filing 272 Judge Douglas P. Woodlock: PROCEDURAL ORDER entered. (Beatty, Barbara)
March 8, 2022 Filing 271 STIPULATION (Final Further Modified) by Maura Healey. (Toone, Robert)
March 8, 2022 Filing 270 Judge Douglas P. Woodlock: PROCEDURAL ORDER..Accordingly, the Defendant is invited to make a Final Further Modified Stipulation to adjust the relevant date necessary for a full period of consideration in support of a fully satisfactory opinion until no later than April 15, 2022, bringing this case at last to an appealable final judgment. (Beatty, Barbara)
February 8, 2022 Filing 269 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)
February 8, 2022 Filing 268 Transcript of Motion Hearing held on February 2, 2022, before Judge Douglas P. Woodlock. 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 3/1/2022. Redacted Transcript Deadline set for 3/11/2022. Release of Transcript Restriction set for 5/9/2022. (Coppola, Katelyn)
February 3, 2022 Filing 267 STIPULATION (Further Modified) by Maura Healey. (Toone, Robert)
February 2, 2022 Filing 266 Clerk's Notes for Further Hearing held via Zoom before Judge Douglas P. Woodlock: Court discusses issues presented in the parties supplemental post trial briefing. Further stipulation re enforcement to be entered to include up to 3/7/22. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Nadolenco, Haake, Queen, White, Jones, Linder, Simmons, Schoen, Toone, Haskell, Fimognari, Kobrick, Fischer-Groban) (Beatty, Barbara)
January 21, 2022 Filing 265 NOTICE OF FURTHER 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://forms.mad.uscourts.gov/courtlist.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 SCHEDULED for 2/2/2022 at 2:00 p.m. in Remote Proceeding : Boston before Judge Douglas P. Woodlock. (Beatty, Barbara)
January 14, 2022 Filing 264 BRIEF by Alliance for Automotive Innovation Regarding Issues Raised in the Attorney General's Motion to Reopen Trial Evidence and at the October 28 Hearing. (Schoen, Laurence)
January 14, 2022 Filing 263 BRIEF by Maura Healey On Post-Trial Evidence. (Attachments: #1 Exhibit Plaintiff's Responses to Third Set of Interrogatories)(Toone, Robert)
November 26, 2021 Filing 262 STIPULATION (Joint Stipulation) by Alliance for Automotive Innovation. (Schoen, Laurence)
November 8, 2021 Filing 261 BRIEF by Alliance for Automotive Innovation Regarding The United States' Amicus Brief in Volkswagen. (Schoen, Laurence)
November 8, 2021 Filing 260 BRIEF by Maura Healey regarding Volkswagen petition, and NCTA and CDK Global decisions. (Haskell, Eric)
November 3, 2021 Filing 259 STATUS REPORT by Alliance for Automotive Innovation. (Schoen, Laurence)
November 3, 2021 Filing 258 STATUS REPORT by Maura Healey. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Fischer-Groban, Phoebe)
November 2, 2021 Filing 257 Judge Douglas P. Woodlock: ELECTRONIC ORDER granting #256 Joint Motion to Extend Briefing Deadline until November 8, 2021. (Beatty, Barbara)
November 2, 2021 Filing 256 Joint MOTION to Extend Briefing Deadline by Alliance for Automotive Innovation.(Schoen, Laurence)
October 29, 2021 Filing 255 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)
October 29, 2021 Filing 254 Transcript of Motion Hearing held on October 28, 2021, before Judge Douglas P. Woodlock. 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 11/19/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/27/2022. (Coppola, Katelyn)
October 28, 2021 Filing 253 Clerk's Notes for Motion Hearing held via Zoom before Judge Douglas P. Woodlock: Hearing on Motion to Reopen Evidence #245 . Court discusses the following with counsel: 1) possible scope of discovery the parties would undertake; 2) whether further briefing is necessary on associational standing; and, 3) implications of the Volkswagen Group case before the Supreme Court (20-994). Motion #245 to Reopen GRANTED. Parties to discuss a timeline for discovery pertaining to Subaru and the extension of non-enforcement of the data law, and submit their proposal(s) to the Court by 11/3/2021. Simultaneous briefing on the issues raised by amicus curiae of the United States in Volkswagen Group to be filed no later than 11/5/2021. Court to schedule a further status conference. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Nadolenco, Haskell, Linder, Haake, Queen, Jones, White, Schoen, Fimognari) (Beatty, Barbara)
October 27, 2021 Filing 252 ELECTRONIC NOTICE Resetting Hearing on Motion #245 MOTION to Reopen Trial Evidence DUE TO WEATHER : 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's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing reset for 10/28/2021 11:30 AM in Courtroom 1 (Remote only) before Judge Douglas P. Woodlock. (McDonagh, Christina)
October 26, 2021 Filing 251 DECLARATION re #250 Memorandum in Opposition to Motion (Declaration of Laurence A. Schoen) by Alliance for Automotive Innovation. (Attachments: #1 Exhibit 1)(Schoen, Laurence)
October 26, 2021 Filing 250 MEMORANDUM in Opposition re #245 MOTION to Reopen Trial Evidence filed by Alliance for Automotive Innovation. (Schoen, Laurence)
October 25, 2021 Filing 249 NOTICE OF HEARING on Motion #245 to Reopen Trial Evidence : 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's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing is SCHEDULED for 10/27/2021 at 12:00 p.m. before Judge Douglas P. Woodlock. (Beatty, Barbara)
October 25, 2021 Filing 248 Judge Douglas P. Woodlock: PROCEDURAL ORDER - The Plaintiff shall file a response to the Attorney General's Motion to Reopen the Evidence #245 no later than 12:00 p.m. tomorrow, Tuesday, October 26, 2021.(Beatty, Barbara)
October 22, 2021 Filing 247 AFFIDAVIT of Ciara Tran in Support re #245 MOTION to Reopen Trial Evidence filed by Maura Healey. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Haskell, Eric)
October 22, 2021 Filing 246 AFFIDAVIT of Molly Johnson in Support re #245 MOTION to Reopen Trial Evidence filed by Maura Healey. (Attachments: #1 Exhibit, #2 Exhibit)(Haskell, Eric)
October 22, 2021 Filing 245 MOTION to Reopen Trial Evidence by Maura Healey.(Haskell, Eric)
September 17, 2021 Filing 244 STIPULATION (further modified) by Maura Healey. (Haskell, Eric)
September 16, 2021 Filing 243 Judge Douglas P. Woodlock: PROCEDURAL ORDER entered. (Woodlock, Douglas)
August 17, 2021 Filing 242 STIPULATION (Further Modified) by Maura Healey. (Haskell, Eric)
August 16, 2021 Filing 241 Judge Douglas P. Woodlock: PROCEDURAL ORDER (Woodlock, Douglas)
July 26, 2021 Filing 240 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)
July 26, 2021 Filing 239 Transcript of Bench Trial Day 5 held on July 21, 2021, before Judge Douglas P. Woodlock. 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 8/16/2021. Redacted Transcript Deadline set for 8/26/2021. Release of Transcript Restriction set for 10/25/2021. (Coppola, Katelyn)
July 22, 2021 Filing 238 STIPULATION (Further Modified) by Maura Healey. (Haskell, Eric)
July 21, 2021 Filing 237 BENCH TRIAL DAY FIVE before Judge Douglas P. Woodlock: Court requests the Attorney General extend the Stipulation in place until August 20th and discusses the confidentiality issue for the pleadings on file. Final Findings of Fact and Conclusions of Law to be filed under seal, affording the parties an opportunity to respond before being made public. Court hears final argument addressing the issues raised in the Procedural Order #234 entered on 7/19/2021. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Nadolenco, Schoen, Linder, Queen, Haskell, Toone, Fimognari, Kobick, Fischer-Groban) (Beatty, Barbara)
July 20, 2021 Filing 236 NOTICE by Maura Healey of Marked-Up Response to Plaintiff's Proposed Findings and Conclusions (Haskell, Eric) (Additional attachment(s) added on 7/20/2021: #1 Unredacted Version (FILED UNDER SEAL)) (McDonagh, Christina).
July 20, 2021 Filing 235 NOTICE by Alliance for Automotive Innovation of Plaintiff's Markup of Defendant's Proposed Revised Substitute Findings and Conclusions (Schoen, Laurence) (Additional attachment(s) added on 7/20/2021: #1 Unredacted Version (FILED UNDER SEAL)) (McDonagh, Christina).
July 19, 2021 Filing 234 Judge Douglas P. Woodlock: PROCEDURAL ORDER entered in anticipation of the final argument in this matter at 11:00 am, Wednesday, July 21, 2021 in Courtroom 1 (Woodlock, Douglas)
July 14, 2021 Filing 233 Amended Proposed Findings of Fact by Alliance for Automotive Innovation. (Schoen, Laurence) (Additional attachment(s) added on 7/14/2021: #1 Unredacted Version (FILED UNDER SEAL)) (McDonagh, Christina).
July 14, 2021 Filing 232 Amended Proposed Findings of Fact by Maura Healey. (Haskell, Eric) (Additional attachment(s) added on 7/14/2021: #1 Unredacted Version (FILED UNDER SEAL)) (McDonagh, Christina).
July 14, 2021 Filing 231 BRIEF by Alliance for Automotive Innovation - Plaintiff's Supplemental Brief -. (Schoen, Laurence)
July 14, 2021 Filing 230 DECLARATION (Declaration of Kevin Tierney Regarding Confidentiality Designations) by Alliance for Automotive Innovation. (Schoen, Laurence) (Additional attachment(s) added on 7/14/2021: #1 Unredacted Declaration (Filed Under Seal)) (McDonagh, Christina).
July 14, 2021 Filing 229 DECLARATION (Declaration of Mark Chernoby Regarding Confidentiality Designations) by Alliance for Automotive Innovation. (Schoen, Laurence) (Additional attachment(s) added on 7/14/2021: #1 Unredacted Declaration (Filed Under Seal)) (McDonagh, Christina).
July 14, 2021 Filing 228 NOTICE by Alliance for Automotive Innovation - Plaintiff's Revised Notice of Confidentiality Designations (Attachments: #1 Exhibit A)(Schoen, Laurence)
July 14, 2021 Filing 227 BRIEF by Maura Healey Regarding Rulemaking. (Haskell, Eric)
July 14, 2021 Filing 226 STIPULATION (Joint) by Maura Healey. (Attachments: #1 Exhibit)(Haskell, Eric)
July 13, 2021 Filing 225 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #224 Joint MOTION To Accept Post-Trial Filings Under Seal. (McDonagh, Christina)
July 13, 2021 Filing 224 Joint MOTION To Accept Post-Trial Filings Under Seal by Alliance for Automotive Innovation.(Schoen, Laurence)
June 28, 2021 Filing 223 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)
June 28, 2021 Filing 222 Transcript of Bench Trial - Day 4 held on June 25, 2021, before Judge Douglas P. Woodlock. 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 7/19/2021. Redacted Transcript Deadline set for 7/29/2021. Release of Transcript Restriction set for 9/27/2021. (Coppola, Katelyn)
June 25, 2021 Filing 218 BENCH TRIAL DAY FOUR before Judge Douglas P. Woodlock: Preliminary matters discussed by the Court. By 7/14/2021, the AG to provide a summary chart of contributions over $1000 to the ballot initiative and the parties shall identify the evidence which needs to remain under seal and subject to redaction with an explanation for such sealing. Court hears final arguments directing counsel to address specific issues of concern. Final findings of fact and conclusions of law, and other additional materials addressing the issues raised today, to be filed no later than 7/14/2021. Bench Trial continued to 7/21/2021 at 11:00 a.m. in Courtroom 1 before Judge Douglas P. Woodlock. (Check daily court list for courtroom assignment) (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Nadolenco, Schoen,Linder, Queen, Haskell, Toone, Fimognari, Fischer-Groban,Kobick) (Beatty, Barbara)
June 23, 2021 Filing 221 SEALED Transcript of Bench Trial - Day 3 held on June 16, 2021, before Judge Douglas P. Woodlock. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com. (Coppola, Katelyn)
June 23, 2021 Filing 220 SEALED Transcript of Bench Trial - Day 2 held on June 15, 2021, before Judge Douglas P. Woodlock. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com. (Coppola, Katelyn)
June 23, 2021 Filing 219 SEALED Transcript of Bench Trial - Day 1 held on June 14, 2021, before Judge Douglas P. Woodlock. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com.(Coppola, Katelyn)
June 23, 2021 Filing 217 BRIEF by Maura Healey . (Haskell, Eric) (Additional attachment(s) added on 6/23/2021: #1 Unredacted Brief (FILED UNDER SEAL)) (McDonagh, Christina).
June 23, 2021 Filing 216 MEMORANDUM in Opposition re #204 MOTION for Judgment as a Matter of Law filed by Alliance for Automotive Innovation. (Schoen, Laurence)
June 23, 2021 Filing 215 BRIEF by Alliance for Automotive Innovation - Pre-Argument Brief -. (Schoen, Laurence) (Additional attachment(s) added on 6/23/2021: #1 Unredacted Brief (FILED UNDER SEAL)) (McDonagh, Christina).
June 23, 2021 Filing 214 Judge Douglas P. Woodlock: ORDER granting #213 Joint Motion to Accept Filings Under Seal. (Beatty, Barbara)
June 22, 2021 Filing 213 Joint MOTION To Accept Filings Under Seal by Alliance for Automotive Innovation.(Schoen, Laurence)
June 22, 2021 Filing 212 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #211 Assented to MOTION for Leave to File Pre-Argument Brief in Excess of Twenty Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (McDonagh, Christina)
June 22, 2021 Filing 211 Assented to MOTION for Leave to File Pre-Argument Brief in Excess of Twenty Pages by Alliance for Automotive Innovation.(Schoen, Laurence)
June 16, 2021 Filing 208 BENCH TRIAL DAY THREE before Judge Douglas P. Woodlock: Preliminary discussion with counsel regarding the framework for the hot tub discussion involving the experts. Court conducts hot tubing with experts Bryson Bort, Daniel Garrie, Craig Smith and Brian Romansky. Additional inquiry by Attorneys Nadolenco and Haskell. Live testimony complete. Parties to submit additional briefing by noon on 6/23/2021. Bench trial continued for closing arguments SCHEDULED for 6/25/2021 at 11:00 a.m. in Courtroom 1 before Judge Douglas P. Woodlock. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Nadolenco, Schoen,Linder, Queen, Haskell, Toone, Fimognari, Fischer-Groban) (Beatty, Barbara)
June 15, 2021 Filing 207 BENCH TRIAL DAY TWO before Judge Douglas P. Woodlock: Defendant moves to admit deposition designations of Matthew Mackay, Stephen McKnight and Alfred Adams. Plaintiff moves to admit deposition designations of Taylor Mitchell. Parties stipulate to admit additional trial exhibits (standalone) without witness testimony. Testimony of Aaron Lowe, Greg Potter, Craig Smith (portion of testimony sealed) and Brian Romansky. Trial continued until tomorrow 6/16/2021 at 9:00 a.m., first with a discussion with counsel to outline the framework for the hot tub discussion, then the hot tub discussion with experts to begin at 10:00 a.m. Counsel proposes further briefing due on 6/23/2021 and closing arguments to be scheduled on 6/25/2021. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Nadolenco, Schoen, Linder, Queen, Toone, Fimognari, Fischer-Groban, Haskell) (Beatty, Barbara)
June 15, 2021 Filing 206 NOTICE by Alliance for Automotive Innovation of Joint Final List of Admitted Exhibits (Schoen, Laurence) (Main Document 206 replaced on 6/17/2021) (McDonagh, Christina).
June 14, 2021 Filing 210 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)
June 14, 2021 Filing 209 Transcript of Pretrial Conference held on June 10, 2021, before Judge Douglas P. Woodlock. 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 7/6/2021. Redacted Transcript Deadline set for 7/15/2021. Release of Transcript Restriction set for 9/13/2021. (Coppola, Katelyn)
June 14, 2021 Filing 205 BENCH TRIAL DAY ONE before Judge Douglas P. Woodlock - Preliminary matters addressed. Court GRANTS #182 before Motion for Leave to File Brief as Amici Curiae in Support of Defendant. Testimony of Steve Douglas, Kevin Tierney, Kevin Baltes, Mark Chernoby, Bryson Bort and Daniel Garrie. Counsel to clarify exhibits admitted into evidence when a witness's affidavit was offered into evidence. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Nadolenco, Linder, Schoen, Queen, Fischer-Groban, Haskell, Kobrick, Fimognari) (Beatty, Barbara)
June 14, 2021 Filing 204 MOTION for Judgment as a Matter of Law by Maura Healey.(Kobick, Julia) (Additional attachment(s) added on 6/15/2021: #1 Unredacted Motion (Filed Under Seal)) (McDonagh, Christina).
June 11, 2021 Filing 203 NOTICE by Alliance for Automotive Innovation - Joint Submission of Designated Deposition Testimony (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Schoen, Laurence) (Additional attachment(s) added on 6/14/2021: #5 Unredacted Notice (FILED UNDER SEAL), #6 Exhibit A (FILED UNDER SEAL), #7 Exhibit B (FILED UNDER SEAL), #8 Exhibit C (FILED UNDER SEAL)) (McDonagh, Christina).
June 11, 2021 Filing 202 NOTICE by UNITED STATES OF AMERICA (Statement of Interest) (Attachments: #1 Exhibit 1)(Riess, Daniel)
June 11, 2021 Filing 201 AFFIDAVIT of Daniel Garrie (Amended) by Alliance for Automotive Innovation. (Schoen, Laurence) (Additional attachment(s) added on 6/11/2021: #1 Unredacted Affidavit (FILED UNDER SEAL)) (McDonagh, Christina).
June 11, 2021 Filing 200 AFFIDAVIT of Bryson Bort (Amended) by Alliance for Automotive Innovation. (Schoen, Laurence) (Additional attachment(s) added on 6/11/2021: #1 Unredacted Affidavit (FILED UNDER SEAL)) (McDonagh, Christina).
June 11, 2021 Filing 199 AFFIDAVIT of Mark Chernoby (Amended) by Alliance for Automotive Innovation. (Schoen, Laurence) (Additional attachment(s) added on 6/11/2021: #1 Unredacted Affidavit (FILED UNDER SEAL)) (McDonagh, Christina).
June 11, 2021 Filing 198 AFFIDAVIT of Kevin Baltes (Amended) by Alliance for Automotive Innovation. (Schoen, Laurence) (Additional attachment(s) added on 6/11/2021: #1 Unredacted Affidavit (FILED UNDER SEAL)) (McDonagh, Christina).
June 11, 2021 Filing 197 AFFIDAVIT of Kevin Tierney (Amended) by Alliance for Automotive Innovation. (Schoen, Laurence) (Additional attachment(s) added on 6/11/2021: #1 Unredacted Affidavit (FILED UNDER SEAL)) (McDonagh, Christina).
June 11, 2021 Filing 196 AFFIDAVIT of Steven Douglas (Amended) by Alliance for Automotive Innovation. (Schoen, Laurence)
June 11, 2021 Filing 192 AFFIDAVIT of Craig Smith and Exhibits (Amended) by Maura Healey. (Fischer-Groban, Phoebe) (Additional attachment(s) added on 6/11/2021: #1 Unredacted Affidavit (FILED UNDER SEAL)) (McDonagh, Christina).
June 11, 2021 Filing 191 AFFIDAVIT of Aaron Lowe and Exhibits (Amended) by Maura Healey. (Fischer-Groban, Phoebe)
June 11, 2021 Filing 190 NOTICE by Alliance for Automotive Innovation - Joint Final Pretrial List of Admitted Exhibits - (Schoen, Laurence)
June 10, 2021 Filing 195 Clerk's Notes for Pretrial Conference held in person before Judge Douglas P. Woodlock: Court addresses objections to deposition designations, affidavits and exhibits. Parties to provide comprehensive exhibit binders for the admitted exhibits, objected to exhibits and individual witnesses' exhibits by noon tomorrow 6/11/2021. Trial to begin 6/14/2021 with full trial days. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Schoen, Nadelenco, Linder, Fischer-Groban, Haskell) (Beatty, Barbara)
June 10, 2021 Filing 189 NOTICE by Alliance for Automotive Innovation of the Parties' Joint Schedule of Witnesses for Trial (Schoen, Laurence)
June 9, 2021 Filing 188 NOTICE by Alliance for Automotive Innovation (Objections to Direct Testimony of The Attorney General's Witnesses) (Schoen, Laurence)
June 9, 2021 Filing 187 MEMORANDUM in Opposition re #177 MOTION in Limine (Daubert) filed by Alliance for Automotive Innovation. (Schoen, Laurence)
June 9, 2021 Filing 186 MEMORANDUM in Opposition re #176 MOTION in Limine filed by Alliance for Automotive Innovation. (Schoen, Laurence)
June 9, 2021 Filing 185 Amended Exhibit List by Maura Healey.. (Fischer-Groban, Phoebe)
June 9, 2021 Filing 184 Amended Exhibit List by Alliance for Automotive Innovation.. (Schoen, Laurence)
June 8, 2021 Filing 194 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)
June 8, 2021 Filing 193 Transcript of Pretrial Conference held on June 7, 2021, before Judge Douglas P. Woodlock. 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 6/29/2021. Redacted Transcript Deadline set for 7/9/2021. Release of Transcript Restriction set for 9/7/2021. (Coppola, Katelyn)
June 7, 2021 Filing 183 NOTICE by Maura Healey (Jointly with Plaintiff) of Time Anticipated for Live Testimony (Haskell, Eric)
June 7, 2021 Filing 182 MOTION for Leave to File Brief as Amici Curiae in Support of Defendant by Jonathan Askin, Electronic Frontier Foundation, SecuRepairs.org, The Repair Association, U.S. PIRG Education Fund, Inc., iFixit. (Attachments: #1 Exhibit Amicus Brief, #2 Supplement Corporate Disclosure Statement)(Bavitz, Christopher)
June 7, 2021 Filing 181 NOTICE of Appearance by Christopher T. Bavitz on behalf of iFixit, U.S. PIRG Education Fund, Inc., SecuRepairs.org, Jonathan Askin, The Repair Association, Electronic Frontier Foundation (Bavitz, Christopher)
June 7, 2021 Filing 180 Clerk's Notes for Pretrial Conference held before Judge Douglas P. Woodlock: Court discusses format and other logistics for the bench trial next week. Parties to submit additional materials regarding objections on evidentiary matters (affidavits, deposition transcripts, exhibits, etc,) no later than 12:00 noon on Wednesday, 6/9/2021. Further Pretrial Conference in SCHEDULED for 6/10/2021 at 9:30 a.m. in Courtroom 1 before Judge Douglas P. Woodlock. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Nadolenco, Schoen,Linder, Haskell, Toone, Fimognari) (Beatty, Barbara)
June 4, 2021 Filing 179 NOTICE by Alliance for Automotive Innovation of Submission of Designated Deposition Testimony (Attachments: #1 Exhibit 1)(Schoen, Laurence)
June 4, 2021 Filing 178 Assented to MOTION to Seal (Accept Filing Under Seal) by Maura Healey.(Haskell, Eric)
June 4, 2021 Filing 177 MOTION in Limine (Daubert) by Maura Healey. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Haskell, Eric) (Additional attachment(s) added on 6/4/2021: #5 Unredacted Motion (Filed Under Seal), #6 Unredacted Exhibit 3 (FILED UNDER SEAL)) (McDonagh, Christina).
June 4, 2021 Filing 176 MOTION in Limine by Maura Healey. (Attachments: #1 Affidavit of Christine Fimognari in Support of Defendant's Motion in Limine, #2 Exhibit A, #3 Exhibit B)(Fimognari, Christine)
June 4, 2021 Filing 175 STATUS REPORT (Statement Regarding Participation) by UNITED STATES OF AMERICA. (Riess, Daniel)
June 4, 2021 Filing 174 NOTICE by Alliance for Automotive Innovation of Plaintiff's Markup of Defendant's Proposed Additional or Substitute Findings and Conclusions (Schoen, Laurence) (Additional attachment(s) added on 6/4/2021: #1 Unredacted Version (FILED UNDER SEAL)) (McDonagh, Christina).
June 4, 2021 Filing 173 TRIAL BRIEF by Alliance for Automotive Innovation. (Schoen, Laurence) (Additional attachment(s) added on 6/4/2021: #1 Unredacted Trial Brief (FILED UNDER SEAL)) (McDonagh, Christina).
June 4, 2021 Filing 172 TRIAL BRIEF by Maura Healey. (Toone, Robert) (Additional attachment(s) added on 6/4/2021: #1 Unredacted Trial Memorandum (FILED UNDER SEAL)) (McDonagh, Christina).
June 3, 2021 Filing 171 MOTION to Conduct Oral Direct Examination by Alliance for Automotive Innovation.(Schoen, Laurence)
June 2, 2021 Filing 170 Assented to MOTION for Leave to File Amended Exhibit List by Maura Healey.(Fischer-Groban, Phoebe)
June 1, 2021 Filing 169 NOTICE by Alliance for Automotive Innovation of Intent to Cross-Examine (Schoen, Laurence)
June 1, 2021 Filing 168 NOTICE by Maura Healey of Intent to Cross-Examine (Fimognari, Christine)
May 27, 2021 Filing 167 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)
May 27, 2021 Filing 166 Transcript of Pretrial Conference held on May 21, 2021, before Judge Douglas P. Woodlock. 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 6/17/2021. Redacted Transcript Deadline set for 6/28/2021. Release of Transcript Restriction set for 8/25/2021. (Coppola, Katelyn)
May 27, 2021 Filing 165 EXHIBIT re #159 Witness List,,,,,,,,,,, by Alliance for Automotive Innovation. (Attachments: #1 Exhibit 1 (2 of 8) to Daniel Garrie Affidavit, #2 Exhibit 1 (3 of 8) to Daniel Garrie Affidavit, #3 Exhibit 1 (4 of 8) to Daniel Garrie Affidavit, #4 Exhibit 1 (5 of 8) to Daniel Garrie Affidavit, #5 Exhibit 1 (6 of 8) to Daniel Garrie Affidavit, #6 Exhibit 1 (7 of 8) to Daniel Garrie Affidavit, #7 Exhibit 1 (8 of 8) to Daniel Garrie Affidavit, #8 Exhibit 2 (1 of 5) to Daniel Garrie Affidavit, #9 Exhibit 2 (2 of 5) to Daniel Garrie Affidavit, #10 Exhibit 2 (3 of 5) to Daniel Garrie Affidavit, #11 Exhibit 2 (4 of 5) to Daniel Garrie Affidavit, #12 Exhibit 2 (5 of 5) to Daniel Garrie Affidavit)(Schoen, Laurence)
May 27, 2021 Filing 164 NOTICE by Maura Healey of Designation of Deposition Testimony to be Introduced at Trial (Haskell, Eric)
May 27, 2021 Filing 163 NOTICE OF RESCHEDULING PRETRIAL CONFERENCE (as to time only): Pretrial Conference is RESCHEDULED until 9:30 a.m. on 6/7/2021 in Courtroom 1 before Judge Douglas P. Woodlock. (Beatty, Barbara)
May 27, 2021 Filing 162 Proposed Findings of Fact by Maura Healey. (Fischer-Groban, Phoebe) (Additional attachment(s) added on 5/27/2021: #1 Unredacted Proposed Finding of Facts (FILED UNDER SEAL)) (McDonagh, Christina).
May 27, 2021 Filing 161 Witness List by Maura Healey. (Attachments: #1 Affidavit of Aaron Lowe, #2 Affidavit of Greg Potter, #3 Affidavit of Craig Smith, #4 Affidavit of Brian Romansky)(Fischer-Groban, Phoebe) (Additional attachment(s) added on 5/27/2021: #5 Unredacted Ex C (FILED UNDER SEAL)) (McDonagh, Christina).
May 27, 2021 Filing 160 NOTICE by Alliance for Automotive Innovation of Deposition Designations (Schoen, Laurence)
May 27, 2021 Filing 159 Witness List by Alliance for Automotive Innovation. (Attachments: #1 Affidavit of Kevin Baltes - Redacted, #2 Exhibit 1 to Baltes, #3 Exhibit 2 to Baltes, #4 Exhibit 3 to Baltes, #5 Exhibit 4 to Baltes, #6 Affidavit of Bryson Bort - Redacted, #7 Exhibit 1 to Bort, #8 Exhibit 2 to Bort, #9 Exhibit 3 to Bort, #10 Exhibit 4 to Bort, #11 Affidavit of Mark Chernoby - Redacted, #12 Exhibit 1 to Chernoby, #13 Exhibit 2 to Chernoby, #14 Exhibit 3 to Chernoby, #15 Exhibit 4 to Chernoby, #16 Exhibit 5 to Chernoby, #17 Exhibit 6 to Chernoby, #18 Exhibit 7 to Chernoby, #19 Exhibit 8 to Chernoby, #20 Exhibit 9 to Chernoby, #21 Exhibit 10 to Chernoby, #22 Exhibit 11 to Chernoby, #23 Exhibit 12 to Chernoby, #24 Affidavit of Steven Douglas, #25 Exhibit 1 to Douglas, #26 Exhibit 2 to Douglas, #27 Affidavit of Kevin Tierney - Redacted, #28 Exhibit 1 to Tierney, #29 Exhibit 2 to Tierney, #30 Exhibit 3 to Tierney, #31 Exhibit 4 to Tierney, #32 Exhibit 5 to Tierney, #33 Exhibit 6 to Tierney, #34 Exhibit 7 to Tierney, #35 Exhibit 8 to Tierney, #36 Exhibit 9 to Tierney, #37 Exhibit 10 to Tierney, #38 Exhibit 11 to Tierney, #39 Exhibit 12 to Tierney, #40 Exhibit 13 to Tierney, #41 Exhibit 14 to Tierney, #42 Exhibit 15 to Tierney, #43 Affidavit of Daniel Garrie - Redacted, #44 Exhibit 1 to Garrie, #45 Exhibit 2 to Garrie, #46 Exhibit 3 to Garrie, #47 Exhibit 4 to Garrie, #48 Exhibit 5 to Garrie)(Schoen, Laurence) (Additional attachment(s) added on 5/27/2021: #49 Unredacted Affidavit Baltes (FILED UNDER SEAL), #50 Unredacted Affidavit Bort (FILED UNDER SEAL), #51 Unredacted Affidavit Chernoby (FILED UNDER SEAL), #52 Unredacted Affidavit Garrie (FILED UNDER SEAL), #53 Unredacted Affidavit Tierney (FILED UNDER SEAL), #54 Unredacted Ex 2 (FILED UNDER SEAL), #55 Unredacted Ex 3 (FILED UNDER SEAL), #56 Unredacted Ex 13 (FILED UNDER SEAL), #57 Unredacted Ex 16 (FILED UNDER SEAL), #58 Unredacted Ex 17 (FILED UNDER SEAL), #59 Unredacted Ex 20 (FILED UNDER SEAL), #60 Unredacted Ex 21 (FILED UNDER SEAL), #61 Unredacted Ex 22 (FILED UNDER SEAL), #62 Unredacted Ex 28 (FILED UNDER SEAL), #63 Unredacted Ex 30 (FILED UNDER SEAL), #64 Unredacted Ex 31 (FILED UNDER SEAL), #65 Unredacted Ex 34 (FILED UNDER SEAL), #66 Unredacted Ex 35 (FILED UNDER SEAL), #67 Unredacted Ex 36 (FILED UNDER SEAL), #68 Unredacted Ex 37 (FILED UNDER SEAL), #69 Unredacted Ex 38 (FILED UNDER SEAL), #70 Unredacted Ex 39 (FILED UNDER SEAL), #71 Unredacted Ex 40 (FILED UNDER SEAL), #72 Unredacted Ex 41 (FILED UNDER SEAL), #73 Unredacted Ex 47 (FILED UNDER SEAL), #74 Unredacted Ex 48 (FILED UNDER SEAL)) (McDonagh, Christina). (Attachment 11 replaced on 6/11/2021) (McDonagh, Christina).
May 27, 2021 Filing 158 Exhibit List by Maura Healey.. (Fischer-Groban, Phoebe)
May 27, 2021 Filing 157 Exhibit List by Alliance for Automotive Innovation.. (Schoen, Laurence)
May 27, 2021 Filing 156 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #155 Joint MOTION to Accept Filings Under Seal. (McDonagh, Christina)
May 26, 2021 Filing 155 Joint MOTION to Accept Filings Under Seal by Alliance for Automotive Innovation.(Schoen, Laurence)
May 24, 2021 Filing 154 Judge Douglas P. Woodlock: NOTICE REGARDING AMERICAN LAW INSTITUTE ADOPTION OF PRINCIPLES REGARDING DATA RIGHTS (Woodlock, Douglas)
May 21, 2021 Filing 153 Clerk's Notes for Pretrial Conference held before Judge Douglas P. Woodlock: Court reviews the logistics in the courtroom during the upcoming bench trial, currently set for June 14th, including calculating the number of people that will be present during the trial. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Schoen, Toone, Fischer-Groban, Kobick) (Beatty, Barbara)
May 21, 2021 Filing 152 STATUS REPORT (Further Response Regarding Potential Participation) by UNITED STATES OF AMERICA. (Riess, Daniel)
May 19, 2021 Filing 151 NOTICE OF PRETRIAL CONFERENCE - Conference is SCHEDULED for 5/21/2021 at 11:00 a.m. in Courtroom 1 before Judge Douglas P. Woodlock. (Beatty, Barbara)
May 14, 2021 Filing 148 STATUS REPORT Regarding Trial Participants by Alliance for Automotive Innovation. (Schoen, Laurence)
May 14, 2021 Filing 147 STATUS REPORT List of Expected Parties/Attorneys to be Present in the Courtroom or by Zoom During the Trial by Maura Healey. (Fischer-Groban, Phoebe)
May 13, 2021 Filing 150 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)
May 13, 2021 Filing 149 Transcript of Videoconference held on May 7, 2021, before Judge Douglas P. Woodlock. 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 6/3/2021. Redacted Transcript Deadline set for 6/14/2021. Release of Transcript Restriction set for 8/11/2021. (Coppola, Katelyn)
May 7, 2021 Filing 146 Clerk's Notes for Pretrial Hearing held via Zoom before Judge Douglas P. Woodlock: Court discusses logistics for the upcoming bench trial with counsel. Participants in the trial shall submit to the Court an ex parte statement re vaccination status. In addition, no later than next Friday 5/14/2021, counsel shall file a list of expected parties/attorneys to be present in the courtroom or by Zoom during the trial and any other logistical issues. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Haake, Queen, Simmons, Nadolenco, Schoen, Toone, Fimognari) (Beatty, Barbara)
May 6, 2021 Filing 145 NOTICE of Appearance by Julia E. Kobick on behalf of Maura Healey (Kobick, Julia)
May 6, 2021 Filing 144 NOTICE OF PRETRIAL 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://forms.mad.uscourts.gov/courtlist.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.Pretrial Hearing is SCHEDULED for 5/7/2021 at 1:30 p.m. in Remote Proceeding : Boston before Judge Douglas P. Woodlock. (Beatty, Barbara)
May 3, 2021 Filing 143 NOTICE by UNITED STATES OF AMERICA of Potential Participation (Riess, Daniel)
May 3, 2021 Filing 142 STATUS REPORT Regarding Trial Logistics by Maura Healey. (Fischer-Groban, Phoebe)
May 3, 2021 Filing 141 STATUS REPORT Regarding Trial Logistics by Alliance for Automotive Innovation. (Schoen, Laurence)
April 29, 2021 Filing 138 Judge Douglas P. Woodlock: AMENDED SCHEDULING ORDER granting #136 Joint Motion to Extend Time to File Proposed Scheduling Order. (Beatty, Barbara)
April 28, 2021 Filing 136 Joint MOTION for Extension of Time To File Proposed Scheduling Order by Alliance for Automotive Innovation. (Attachments: #1 Exhibit A - (Joint Proposed) Amended Scheduling Order)(Schoen, Laurence)
April 26, 2021 Filing 140 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)
April 26, 2021 Filing 139 Transcript of Videoconference Hearing held on April 23, 2021, before Judge Douglas P. Woodlock. 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 5/17/2021. Redacted Transcript Deadline set for 5/27/2021. Release of Transcript Restriction set for 7/26/2021. (Coppola, Katelyn)
April 26, 2021 Filing 133 NOTICE by Alliance for Automotive Innovation - Plaintiff's Notice Regarding Government Representatives (Schoen, Laurence)
April 23, 2021 Filing 137 Clerks Notes for Motion Hearing held via Zoom before Judge Douglas P. Woodlock: Court reviews disputes raised in the Motion to Compel #120 regarding the answers to the Requests for Admission and Interrogatories. Court GRANTS the Motion to Compel #120 in accordance with the directives provided during the hearing. Plaintiff to file update by noon on 4/26/2021 re federal agencies positions on the preemption of the Massachusetts Data Law. Defendant to provide expert report by noon on 4/26/2021. Parties to provide proposed revised scheduling order by noon 4/26/2021. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.) (Beatty, Barbara)
April 22, 2021 Filing 135 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)
April 22, 2021 Filing 134 Transcript of Videoconference Hearing held on April 16, 2021, before Judge Douglas P. Woodlock. 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 5/13/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/21/2021. (Coppola, Katelyn)
April 22, 2021 Filing 132 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #125 Motion to Seal. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (McDonagh, Christina)
April 22, 2021 Filing 131 NOTICE FOR MOTION HEARING: Hearing on all pending motions 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's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing is SCHEDULED for 4/23/2021 at 9:00 a.m. in Remote Proceeding : Boston before Judge Douglas P. Woodlock. (Beatty, Barbara)
April 21, 2021 Filing 129 Response by Alliance for Automotive Innovation in Further Support of their Request for a Status Conference. (Schoen, Laurence)
April 21, 2021 Filing 128 MEMORANDUM in Opposition re #120 MOTION to Compel Responses to Requests For Admission and Interrogatories filed by Maura Healey. (Haskell, Eric)
April 21, 2021 Filing 127 Judge Douglas P. Woodlock: PROCEDURAL ORDER - The Court is in receipt of the Attorney General's Response to Plaintiff's Request for Status Conference #124 . Accordingly, the Plaintiff shall file a reply to this response no later than 4:00 p.m. today, April 21, 2021.(Beatty, Barbara)
April 20, 2021 Filing 126 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #125 MOTION to Seal (Updated) by Eric A. Haskell on behalf of Maura Healey. (Haskell, Eric)
April 20, 2021 Filing 125 MOTION to Seal by Maura Healey.(Haskell, Eric)
April 20, 2021 Filing 124 Response by Maura Healey to #123 Letter/request (non-motion) . (Attachments: #1 Exhibit)(Haskell, Eric) (Additional attachment(s) added on 4/22/2021: #2 Unredacted Response (FILED UNDER SEAL), #3 Unredacted Exhibit 1 (FILED UNDER SEAL)) (McDonagh, Christina).
April 19, 2021 Filing 123 Letter/request (non-motion) (Plaintiff's Request for Status Conference). (Schoen, Laurence)
April 19, 2021 Filing 122 DECLARATION re #120 MOTION to Compel Responses to Requests For Admission and Interrogatories (Declaration of Laurence A. Schoen) by Alliance for Automotive Innovation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schoen, Laurence)
April 19, 2021 Filing 121 MEMORANDUM in Support re #120 MOTION to Compel Responses to Requests For Admission and Interrogatories filed by Alliance for Automotive Innovation. (Schoen, Laurence)
April 19, 2021 Filing 120 MOTION to Compel Responses to Requests For Admission and Interrogatories by Alliance for Automotive Innovation.(Schoen, Laurence)
April 16, 2021 Filing 130 Clerk's Notes for Motion Hearing held via Zoom before Judge Douglas P. Woodlock: Court addresses issues raised in the Emergency Motion to Compel #101 . Parties to continue to work out the issues in accordance with the directions provided by the Court. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Nadolenco, Haake, Queen, White, Jones, Simmons, Schoen, Haskell, Toone) (Beatty, Barbara)
April 15, 2021 Filing 119 NOTICE of Withdrawal of Appearance by Andrew J. Pincus (Pincus, Andrew)
April 15, 2021 Filing 118 NOTICE of Withdrawal of Appearance by Archis A. Parasharami (Parasharami, Archis)
April 13, 2021 Filing 117 DECLARATION re #112 Memorandum in Opposition to Motion (Declaration of Dwayne Norton) by Alliance for Automotive Innovation. (Schoen, Laurence)
April 13, 2021 Filing 116 DECLARATION re #112 Memorandum in Opposition to Motion (Declaration of Thomas Grycz) by Alliance for Automotive Innovation. (Schoen, Laurence)
April 13, 2021 Filing 115 DECLARATION re #112 Memorandum in Opposition to Motion (Declaration of Kevin Baltes) by Alliance for Automotive Innovation. (Schoen, Laurence)
April 13, 2021 Filing 114 DECLARATION re #112 Memorandum in Opposition to Motion (Declaration of James Bielenda) by Alliance for Automotive Innovation. (Schoen, Laurence)
April 13, 2021 Filing 113 DECLARATION re #112 Memorandum in Opposition to Motion (Declaration of Daniel D. Queen) by Alliance for Automotive Innovation. (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)(Schoen, Laurence)
April 13, 2021 Filing 112 MEMORANDUM in Opposition re #101 Emergency MOTION to Compel filed by Alliance for Automotive Innovation. (Schoen, Laurence)
April 13, 2021 Filing 111 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #110 Motion for Leave to Appear Pro Hac Vice Added Jason D. Linder. 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. (McDonagh, Christina)
April 13, 2021 Filing 110 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Jason D. Linder Filing fee: $ 100, receipt number 0101-8724729 by Alliance for Automotive Innovation. (Attachments: #1 Certification of Jason D. Linder)(Schoen, Laurence)
April 12, 2021 Filing 109 Supplemental AFFIDAVIT of Eric Haskell in Opposition re #101 Emergency MOTION to Compel filed by Maura Healey. (Haskell, Eric)
April 9, 2021 Filing 108 NOTICE OF HEARING on #101 Emergency Motion to Compel Production of Documents : 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's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing is SCHEDULED for 4/16/2021 at 3:30 p.m. in Remote Proceeding : Boston before Judge Douglas P. Woodlock. (Beatty, Barbara)
April 8, 2021 Filing 107 Judge Douglas P. Woodlock: PROCEDURAL ORDER - Plaintiff shall file a response to the #101 Attorney General's Emergency Motion to Compel Production of Documents no later than 12:00 noon on Tuesday, April 13, 2021. (Beatty, Barbara)
April 8, 2021 Filing 106 Judge Douglas P. Woodlock: ORDER granting #105 Attorney General's Motion to Accept Filings Under Seal. (Beatty, Barbara)
April 7, 2021 Filing 105 MOTION Accept Filings Under Seal by Maura Healey.(Haskell, Eric)
April 7, 2021 Filing 104 AFFIDAVIT of Eric Haskell in Support re #101 Emergency MOTION to Compel filed by Maura Healey. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Haskell, Eric) (Additional attachment(s) added on 4/8/2021: #12 Unredacted Affidavit (FILED UNDER SEAL), #13 Exhibit 12 (FILED UNDER SEAL), #14 Exhibit 13 (FILED UNDER SEAL), #15 Exhibit 14 (FILED UNDER SEAL)) (McDonagh, Christina).
April 7, 2021 Filing 103 AFFIDAVIT of Craig Smith in Support re #101 Emergency MOTION to Compel filed by Maura Healey. (Attachments: #1 Exhibit)(Haskell, Eric)
April 7, 2021 Filing 102 MEMORANDUM in Support re #101 Emergency MOTION to Compel filed by Maura Healey. (Haskell, Eric) (Additional attachment(s) added on 4/8/2021: #1 Unredacted Memo (FILED UNDER SEAL)) (McDonagh, Christina).
April 7, 2021 Filing 101 Emergency MOTION to Compel by Maura Healey.(Haskell, Eric)
March 30, 2021 Filing 100 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #99 Motion for Leave to Appear Pro Hac Vice Added Daniel D. Queen. 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. (McDonagh, Christina)
March 30, 2021 Filing 99 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Daniel D. Queen Filing fee: $ 100, receipt number 0101-8704211 by Alliance for Automotive Innovation. (Attachments: #1 Certification of Daniel D. Queen)(Schoen, Laurence)
February 9, 2021 Filing 98 NOTICE of Withdrawal of Appearance by Jennifer E. Greaney (Greaney, Jennifer)
February 8, 2021 Filing 97 NOTICE of Appearance by Phoebe Fischer-Groban on behalf of Maura Healey (Fischer-Groban, Phoebe)
February 8, 2021 Filing 96 NOTICE of Appearance by Christine Fimognari on behalf of Maura Healey (Fimognari, Christine)
February 1, 2021 Filing 95 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)
February 1, 2021 Filing 94 Transcript of Videoconference Hearing held on January 27, 2021, before Judge Douglas P. Woodlock. 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 2/22/2021. Redacted Transcript Deadline set for 3/4/2021. Release of Transcript Restriction set for 5/3/2021. (Coppola, Katelyn)
January 27, 2021 Filing 93 Clerk's Notes for proceedings held via Zoom before Judge Douglas P. Woodlock: Court DENIES Motion to Dismiss re Association Standing for the reasons stated on the record. Court frames preliminary issues with counsel regarding the preemption claims raised in Count One and Two. Court DENIES Motion to Dismiss #75 on Counts One and Two without prejudice to development on the merits. Discovery to go forward on Counts One and Two. Motion to Dismiss on Counts Three through Eight to be addressed at a later point but discovery on these counts is STAYED pending trial on Counts One and Two. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Haake, Flynn-Poppey, Simmons, Nadolenco, Schoen, Haskell, Toone) (Beatty, Barbara)
January 25, 2021 Filing 92 Judge Douglas P. Woodlock: ELECTRONIC PROCEDURAL ORDER entered. The parties are advised that the motion to dismiss hearing in this matter now scheduled for Wednesday, January 27, 2021 at 11 am will be focused entirely on Counts 1 and 2, the claims as to which trial preparation is now underway. This order is entered in order to assure prompt resolution of the salient aspect of the motion to dismiss and relieve the parties from the burdens and inefficient allocation of resources attendant upon preparing simultaneously for motion to dismiss arguments on other claims in connection with Wednesday's hearing. The parties are advised that argument on those other claims will be entertained at a later date after consultation with them by the court regarding the most efficient way to address the other claims separately.(Woodlock, Douglas)
January 21, 2021 Filing 91 Judge Douglas P. Woodlock: CONFIDENTIALITY PROTECTIVE ORDER entered. (Beatty, Barbara)
January 21, 2021 Filing 90 Judge Douglas P. Woodlock: MEMORANDUM REGARDING ENTRY OF CONFIDENTIALITY PROTECTIVE ORDER. (Attachments: #1 Text of Order - Redlined Version)(Beatty, Barbara)
January 14, 2021 Filing 86 REPLY to Response to #75 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Maura Healey. (Toone, Robert)
January 13, 2021 Filing 85 Objection to #84 Status Report by Maura Healey . (Toone, Robert)
January 13, 2021 Filing 84 STATUS REPORT Regarding Proposed Confidentiality Protective Order by Alliance for Automotive Innovation. (Attachments: #1 Exhibit 1 - [Proposed] Confidentiality Protective Order)(Schoen, Laurence)
January 12, 2021 Filing 88 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)
January 12, 2021 Filing 87 Transcript of Videoconference Hearing held on January 11, 2021, before Judge Douglas P. Woodlock. 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 2/2/2021. Redacted Transcript Deadline set for 2/12/2021. Release of Transcript Restriction set for 4/12/2021. (Coppola, Katelyn)
January 11, 2021 Filing 89 Clerk's Notes for Further Hearing held via Zoom before Judge Douglas P. Woodlock: Court discusses concerns with the parties submissions regarding the proposed protective order. Court inclined to adopt the proposed protective order submitted by the plaintiff. By noon on 1/13/2021, the defendant shall file any remaining specific objections to the plaintiffs proposed protective order. Plaintiff provides a status update on the identity of witnesses demonstrating associational standing and the proposal for amicus briefs. Hearing on Motion to Dismiss #75 scheduled for 1/27/2021 at 11:00 a.m. Motion for Stay #57 ALLOWED as to all other issues except for the preemption issues under the Motor Vehicle Safety Act and the Clean Air Act which are set for trial. 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's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Hearing set for 1/27/2021 at 11:00 a.m. in Remote Proceeding : Boston before Judge Douglas P. Woodlock.). (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Flynn-Poppey, White, Jones, Simmons, Nadolenco, Schoen, Haskell, Toone, Greaney) (Beatty, Barbara)
January 8, 2021 Filing 83 MEMORANDUM in Opposition re #75 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alliance for Automotive Innovation. (Schoen, Laurence)
January 8, 2021 Filing 82 STATUS REPORT IN RESPONSE TO COURT'S ORDER OF DEC. 18, 2020 by Maura Healey. (Attachments: #1 Exhibit A)(Toone, Robert)
January 8, 2021 Filing 81 BRIEF by Alliance for Automotive Innovation - Plaintiff's Submission Regarding Proposed Confidentiality Protective Order. (Attachments: #1 Exhibit 1 - [Proposed] Confidentiality Protective Order)(Schoen, Laurence)
December 23, 2020 Filing 80 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)
December 23, 2020 Filing 79 Transcript of Conference held on December 18, 2020, before Judge Douglas P. Woodlock. 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 1/13/2021. Redacted Transcript Deadline set for 1/25/2021. Release of Transcript Restriction set for 3/23/2021. (Coppola, Katelyn)
December 18, 2020 Filing 78 Judge Douglas P. Woodlock: SCHEDULING ORDER...see Order for scheduling deadlines. Bench trial to begin 6/14/2021 with a Final Pretrial Conference is scheduled for 6/7/2021 at 2:00 p.m.(Beatty, Barbara)
December 18, 2020 Filing 77 Clerks Notes for Further Case Management Conference held via Zoom before Judge Douglas P. Woodlock: Bench trial scheduled for 6/14/2021. Court adopts the Proposed Scheduling Order submitted by the plaintiffs [69-1] and will sign and issue it. Court instructs plaintiffs counsel to designate by no later than 1/8/2021 no more than five witnesses from member entities to establish Plaintiffs' associational standing. The parties shall draft a proposed protective order, possibly two-tiered, and submit it to the Court no later than noon on 1/8/2021. Court reviews generally procedure for filing sealed documents and discusses the hot tub procedure for expert witnesses. In this connection the parties are directed for a general overview of this technique for presentation of expert testimony to Adam Elliot Butt, Concurrent Expert Evidence in U.S. Toxic Harms Cases and Civil Cases More Generally: Is there a Proper Role for Hot Tubbing?, 40 Hous. J. Intl L. 1 (2017). Further Hearing set for 1/11/2021 at 11:00 a.m. in Remote Proceeding : Boston before Judge Douglas P. Woodlock. 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's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Nadolenco, Haake, Flynn-Poppey, White, Jones, Simmons, Schoen, Haskell, Toone, Greaney) (Beatty, Barbara)
December 18, 2020 Filing 76 MEMORANDUM in Support re #75 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Maura Healey. (Toone, Robert)
December 18, 2020 Filing 75 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Maura Healey.(Toone, Robert)
December 18, 2020 Filing 72 STATUS REPORT - Plaintiff's Pre-Conference Status Report by Alliance for Automotive Innovation. (Attachments: #1 Exhibit 1)(Schoen, Laurence)
December 17, 2020 Filing 71 Objection by Maura Healey . (Haskell, Eric)
December 17, 2020 Filing 70 Judge Douglas P. Woodlock: ORDER granting #67 Defendant's Assented to Motion for Leave to File Memorandum of Law in Excess of Twenty Pages. (Beatty, Barbara)
December 17, 2020 Filing 69 BRIEF by Alliance for Automotive Innovation - Plaintiff's Amended Proposed Scheduling Order. (Attachments: #1 Exhibit 1 - [Proposed] Scheduling Order)(Schoen, Laurence)
December 17, 2020 Filing 68 STIPULATION by Maura Healey. (Toone, Robert)
December 16, 2020 Filing 67 Assented to MOTION for Leave to File Memorandum of Law in Excess of Twenty Pages by Maura Healey.(Toone, Robert)
December 15, 2020 Filing 74 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)
December 15, 2020 Filing 73 Transcript of Conference held on December 14, 2020, before Judge Douglas P. Woodlock. 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 1/5/2021. Redacted Transcript Deadline set for 1/15/2021. Release of Transcript Restriction set for 3/15/2021. (Coppola, Katelyn)
December 15, 2020 Filing 66 NOTICE OF FURTHER CASE MANAGEMENT CONFERENCE: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's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Further Case Management Conference is SCHEDULED for 12/18/2020 at 2:00 p.m. in Remote Proceeding : Boston before Judge Douglas P. Woodlock. (Beatty, Barbara)
December 14, 2020 Filing 65 Clerk's Notes for Case Management Conference held via Zoom before Judge Douglas P. Woodlock: Court addresses the date the Stipulation expires. Court sets the Nonjury trial for 6/14/2021. Case will go forward on the preemption claims. Court discusses staying other claims with counsel. Defendant may file a Motion to Dismiss. The Court having reviewed the parties' respective proposals for schedule, proposes the following schedule: Initial disclosures and affirmative discovery to go forward on 2/5/2021; Plaintiff's expert(s) to be disclosed by 2/18/2021; defendant's expert(s) to be disclosed by 4/2/2021; and rebuttal expert(s) to be disclosed by 4/16/2021. Court sets a further Case Management Conference scheduled for 12/18/2020 at 2:00 p.m. Parties to file a further scheduling proposal by 12:00 noon on 12/18/2020. (Court Reporter: Kelly Mortellite at mortellite@gmail.com)(Attorneys present: Nadolenco, Haake, Flynn-Poppey, White, Jones, Simmons, Schoen, Haskell, Toone, Greaney) (Beatty, Barbara)
December 14, 2020 Filing 64 Response by Alliance for Automotive Innovation to #63 Report of Rule 26(f) Planning Meeting . (Attachments: #1 Exhibit 1 - [Plaintiff's Amended Proposed] Scheduling Order, #2 Exhibit 2 - Summary of Key Disputed Deadlines)(Schoen, Laurence)
December 11, 2020 Filing 63 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Text of Proposed Order)(Haskell, Eric)
December 11, 2020 Filing 62 BRIEF by Alliance for Automotive Innovation - Plaintiff's Submission Regarding Scheduling with Proposed Order. (Attachments: #1 Exhibit 1 - Plaintiff's Proposed Scheduling Order)(Schoen, Laurence)
December 10, 2020 Filing 61 RESPONSE to Motion re #57 MOTION to Stay Counts 3 Through 7 of Complaint filed by Maura Healey. (Haskell, Eric)
December 10, 2020 Filing 60 Judge Douglas P. Woodlock: PROCEDURAL ORDER - The Defendant shall file a brief opposition/response to the Plaintiff's Motion to Stay Counts 3 through 7 of the Complaint #57 by 5:00 p.m. tomorrow, 12/11/2020. The Court will further address the motion to stay at the Case Management Conference presently scheduled for Monday, 12/14/2020. (Beatty, Barbara)
December 10, 2020 Filing 57 MOTION to Stay Counts 3 Through 7 of Complaint by Alliance for Automotive Innovation.(Schoen, Laurence)
December 8, 2020 Filing 56 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #55 Motion for Leave to Appear Pro Hac Vice Added John Nadolenco. 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. (McDonagh, Christina)
December 8, 2020 Filing 55 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of John Nadolenco Filing fee: $ 100, receipt number 0101-8543008 by Alliance for Automotive Innovation. (Attachments: #1 Certification of John Nadolenco)(Schoen, Laurence)
December 8, 2020 Filing 54 NOTICE OF CASE MANAGEMENT CONFERENCE: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's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Case Management Conference is SCHEDULED for 12/14/2020 at 2:00 p.m. in Remote Proceeding : Boston before Judge Douglas P. Woodlock. (Beatty, Barbara)
December 7, 2020 Filing 53 Judge Douglas P. Woodlock: ORDER granting #52 Joint Motion to Extend Submission of Proposed Scheduling Order until 4:00 p.m. on 12/11/2020. (Beatty, Barbara)
December 7, 2020 Filing 52 Joint MOTION for Extension of Time to 12/11/20 to Submit Proposed Scheduling Order by Maura Healey.(Haskell, Eric)
December 7, 2020 Filing 51 Withdrawal of motion: #26 MOTION for Preliminary Injunction filed by Alliance for Automotive Innovation.. (Schoen, Laurence)
December 7, 2020 Filing 50 STIPULATION by Maura Healey. (Toone, Robert)
December 4, 2020 Filing 59 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)
December 4, 2020 Filing 58 Transcript of Conference held on December 3, 2020, before Judge Douglas P. Woodlock. 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 12/28/2020. Redacted Transcript Deadline set for 1/4/2021. Release of Transcript Restriction set for 3/4/2021. (Coppola, Katelyn)
December 3, 2020 Filing 49 Clerk's Notes for Scheduling Conference held before Judge Douglas P. Woodlock: Court discusses present posture of case, as it relates to the Preliminary Injunction Motion and the Trial on the Merits, as well as what discovery/depositions will be needed. Counsel to submit a proposal for the scheduling of this case moving forward no later than 4:00 p.m. on 12/7/2020. Counsel to also submit a proposal no later than 12/14/2020 for amicus briefs being filed on behalf of the Solicitor, EPA and Highway Safety. Court reviews procedures for non-jury trials. Trial estimated to take 3-5 days. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Pincus, Haake, Flynn-Poppey, White, Jones, Simmons, Schoen, Haskell, Toone, Greaney) (Beatty, Barbara)
December 1, 2020 Filing 48 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of John Robb) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 47 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of Orth Hedrick) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 46 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of David J. Stovall) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 45 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of Kenichi Yamamoto) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 44 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of Lewis Thompson) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 43 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of Stephen McFarland) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 42 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of Kenneth Lin) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 41 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of Taro Ando) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 40 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of James Morgan) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 39 DECLARATION re #26 MOTION for Preliminary Injunction (Omar Rivera) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 38 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of Manish Mehrotra) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 37 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of John Robb) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 36 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of William John Cook) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 35 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of John Vilkinofsky) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 34 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of Kevin Tierney by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 33 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of Anthony Corsetti) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 32 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of Paul E. Copses) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 31 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of Michael Westra, CISSP) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 30 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of Mark Chernoby) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 29 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of Heini Schulz) by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 28 DECLARATION re #26 MOTION for Preliminary Injunction (Declaration of Charles Haake, Esq.) by Alliance for Automotive Innovation. (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)(Schoen, Laurence)
December 1, 2020 Filing 27 MEMORANDUM in Support re #26 MOTION for Preliminary Injunction filed by Alliance for Automotive Innovation. (Schoen, Laurence)
December 1, 2020 Filing 26 MOTION for Preliminary Injunction by Alliance for Automotive Innovation. (Attachments: #1 Exhibit A-Proposed Order)(Schoen, Laurence)
December 1, 2020 Filing 25 SUMMONS Returned Executed Maura Healey served on 11/25/2020, answer due 12/16/2020. (Schoen, Laurence)
November 30, 2020 Filing 24 NOTICE OF SCHEDULING CONFERENCE: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's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Scheduling Conference is SCHEDULED for 12/3/2020 at 9:30 a.m. in Remote Proceeding : Boston before Judge Douglas P. Woodlock. (Beatty, Barbara)
November 30, 2020 Filing 23 Judge Douglas P. Woodlock: ORDER granting #22 Plaintiff's Assented to Motion for Leave to File Memorandum of Law in Excess of Twenty Pages But Not to Exceed Thirty Pages. The Memorandum of Law shall be filed no later than 4:00 p.m. on 12/1/2020. (Beatty, Barbara)
November 27, 2020 Filing 22 Assented to MOTION for Leave to File Memorandum of Law in Excess of Twenty Pages by Alliance for Automotive Innovation.(Schoen, Laurence)
November 25, 2020 Filing 21 NOTICE of Appearance by Jennifer E. Greaney on behalf of Maura Healey (Greaney, Jennifer)
November 24, 2020 Filing 20 NOTICE of Appearance by Eric A. Haskell on behalf of Maura Healey (Haskell, Eric)
November 24, 2020 Filing 19 NOTICE of Appearance by Robert E. Toone, Jr on behalf of Maura Healey (Toone, Robert)
November 23, 2020 Filing 18 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #8 Motion for Leave to Appear Pro Hac Vice Added Eric A. White. 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. (McDonagh, Christina)
November 23, 2020 Filing 17 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added Jessica L. Simmons. 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. (McDonagh, Christina)
November 23, 2020 Filing 16 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #6 Motion for Leave to Appear Pro Hac Vice Added Andrew J. Pincus. 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. (McDonagh, Christina)
November 23, 2020 Filing 15 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #5 Motion for Leave to Appear Pro Hac Vice Added Archis A. Parasharami. 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. (McDonagh, Christina)
November 23, 2020 Filing 14 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #4 Motion for Leave to Appear Pro Hac Vice Added Erika Z. Jones. 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. (McDonagh, Christina)
November 23, 2020 Filing 13 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting #3 Motion for Leave to Appear Pro Hac Vice Added Charles H. Haake. 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. (McDonagh, Christina)
November 23, 2020 Filing 12 Summons Issued as to Maura Healey. 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. (Baker, Casey)
November 23, 2020 Filing 11 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock 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 Donald L. Cabell. (Finn, Mary)
November 20, 2020 Filing 10 NOTICE of Appearance by Andrew Nathanson on behalf of ALLIANCE FOR AUTOMOTIVE INNOV ATION (Nathanson, Andrew)
November 20, 2020 Filing 9 NOTICE of Appearance by Elissa A. Flynn-Poppey on behalf of ALLIANCE FOR AUTOMOTIVE INNOV ATION (Flynn-Poppey, Elissa)
November 20, 2020 Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Eric A. White Filing fee: $ 100, receipt number 0101-8521201 by ALLIANCE FOR AUTOMOTIVE INNOV ATION. (Attachments: #1 Certification of Eric A. White)(Schoen, Laurence)
November 20, 2020 Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Jessica L. Simmons Filing fee: $ 100, receipt number 0101-8521190 by ALLIANCE FOR AUTOMOTIVE INNOV ATION. (Attachments: #1 Certification of Jessica L. Simmons)(Schoen, Laurence)
November 20, 2020 Filing 6 MOTION for Leave to Appear Pro Hac Vice for admission of Andrew J. Pincus Filing fee: $ 100, receipt number 0101-8521175 by ALLIANCE FOR AUTOMOTIVE INNOV ATION. (Attachments: #1 Certification of Andrew J. Pincus)(Schoen, Laurence)
November 20, 2020 Filing 5 MOTION for Leave to Appear Pro Hac Vice for admission of Archis A. Parasharami Filing fee: $ 100, receipt number 0101-8521169 by ALLIANCE FOR AUTOMOTIVE INNOV ATION. (Attachments: #1 Certification of Archis A. Parasharami)(Schoen, Laurence)
November 20, 2020 Filing 4 MOTION for Leave to Appear Pro Hac Vice for admission of Erika Z. Jones Filing fee: $ 100, receipt number 0101-8521156 by ALLIANCE FOR AUTOMOTIVE INNOV ATION. (Attachments: #1 Certification of Erika Z. Jones)(Schoen, Laurence)
November 20, 2020 Filing 3 MOTION for Leave to Appear Pro Hac Vice for admission of Charles H. Haake Filing fee: $ 100, receipt number 0101-8521146 by ALLIANCE FOR AUTOMOTIVE INNOV ATION. (Attachments: #1 Certification of Charles H. Haake)(Schoen, Laurence)
November 20, 2020 Filing 2 CORPORATE DISCLOSURE STATEMENT by ALLIANCE FOR AUTOMOTIVE INNOV ATION. (Schoen, Laurence)
November 20, 2020 Filing 1 COMPLAINT against Maura Healey, Attorney General for the Commonwealth of Massachusetts Filing fee: $ 400, receipt number 0101-8521120 (Fee Status: Filing Fee paid), filed by ALLIANCE FOR AUTOMOTIVE INNOV ATION. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Category Form)(Schoen, Laurence)

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Search for this case: Alliance for Automotive Innovation v. Maura Healey
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Plaintiff: ALLIANCE FOR AUTOMOTIVE INNOV ATION
Represented By: Laurence A. Schoen
Represented By: Andrew Nathanson
Represented By: Elissa A. Flynn-Poppey
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Plaintiff: Alliance for Automotive Innovation
Represented By: Laurence A. Schoen
Represented By: Andrew Nathanson
Represented By: Elissa A. Flynn-Poppey
Represented By: Andrew J. Pincus
Represented By: Charles H. Haake
Represented By: Eric A. White
Represented By: John Nadolenco
Represented By: Jessica L. Simmons
Represented By: Archis A. Parasharami
Represented By: Erika Z. Jones
Represented By: Daniel D. Queen
Represented By: Jason D. Linder
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Defendant: Maura Healey, Attorney General for the Commonwealth of Massachusetts
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Defendant: Maura Healey
Represented By: Eric A. Haskell
Represented By: Jennifer E. Greaney
Represented By: Robert E. Toone, Jr.
Represented By: Christine Fimognari
Represented By: Julia E. Kobick
Represented By: Phoebe Fischer-Groban
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Amicus curiae: iFixit
Represented By: Christopher T. Bavitz
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Amicus curiae: U.S. PIRG Education Fund, Inc.
Represented By: Christopher T. Bavitz
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Amicus curiae: SecuRepairs.org
Represented By: Christopher T. Bavitz
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Amicus curiae: Jonathan Askin
Represented By: Christopher T. Bavitz
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Amicus curiae: The Repair Association
Represented By: Christopher T. Bavitz
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Amicus curiae: Electronic Frontier Foundation
Represented By: Christopher T. Bavitz
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Amicus curiae: Right To Repair Committee
Represented By: Edward V. Colbert, III
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Interested party: UNITED STATES OF AMERICA
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