Cedrone, LLC et al v. Baker et al
| Gun Owners of America, Brophy's Fine Firearms, Inc., Cedrone, LLC, Armour Sports, Inc., Outer Limits, LLC, John A Demalia, Doris V. Stewart, Overwatch Outpost, Tool of Liberty, Hardwick Rod and Gun Club, Inc., Bachant Armaments Corp., Magnum Enterprise, LLC, J&J Arms LLC, Michael Barosso, Magnum Enterprise, LLC doing business as Bear Arms, Cedrone, LLC doing business as Shawsheen Firearms, Outer Limits, LLC doing business as OuterLimits Pro Shop and John A Demalia doing business as Demalia Firearms and Training |
| Governor Charles Duane Baker, Jr and Attorney General Maura T. Healey |
| 1:2020cv40041 |
| April 9, 2020 |
| US District Court for the District of Massachusetts |
| Douglas P Woodlock |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
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| Filing 81 Judge Douglas P. Woodlock- ELECTRONIC ORDER OF DISMISSAL: The case is now deemed to be MOOT; accordingly it is hereby DISMISSED. [Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW](Beatty, Barbara) |
| Filing 80 Sixth Notice of Supplemental Authorities re #60 MOTION for Summary Judgment , #47 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Kobick, Julia) |
| Filing 79 Fifth Notice of Supplemental Authorities re #60 MOTION for Summary Judgment , #47 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Kobick, Julia) |
| Filing 78 NOTICE of Appearance by Timothy James Casey on behalf of Charles Duane Baker, Jr, Maura T. Healey (Casey, Timothy) |
| Filing 77 Fourth Notice of Supplemental Authorities re #47 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim and re #60 Motion for Summary Judgment (Kobick, Julia) |
| Filing 76 MEMORANDUM in Support re #60 MOTION for Summary Judgment filed by Armour Sports, Inc., Bachant Armaments Corp., Michael Barosso, Brophy's Fine Firearms, Inc., Cedrone, LLC, John A Demalia, Gun Owners of America, Hardwick Rod and Gun Club, Inc., J&J Arms LLC, Magnum Enterprise, LLC, Outer Limits, LLC, Overwatch Outpost, Doris V. Stewart, Tool of Liberty. (Couture, Andrew) |
| Filing 75 AFFIDAVIT of Timothy Buckley in response to Court order by Charles Duane Baker, Jr, Maura T. Healey. (Kobick, Julia) |
| Filing 74 NOTICE of Withdrawal of Appearance by Gary E. Klein (Klein, Gary) |
| Filing 73 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 Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Coppola, Katelyn) |
| Filing 72 Transcript of Hearing Videoconference held on December 17, 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 1/11/2021. Redacted Transcript Deadline set for 1/21/2021. Release of Transcript Restriction set for 3/22/2021. Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Coppola, Katelyn) |
| Filing 71 Electronic Clerk's Notes for Hearing on Pending Motions held via Zoom before Judge Douglas P. Woodlock: Court expresses his dissatisfaction with the motion to strike 136 , motion for leave to file 138 and motion for extension of time 139 and focuses on the more substantive motions 104 120 126 #47 #60 . Argument heard on Motions to Dismiss and the parties address the Court's questions and concerns. Defendant to file an affidavit from the Governor's spokesperson addressing latest media coverage by 1/6/2021. Court further explores the remaining issues in both cases as addressed in the pending motions for summary judgment. All parties to file further submissions, if necessary, no later than 1/6/2021. Pending motions taken under advisement.(Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Jensen, Foley, Guida, Couture, Kobrick, Klein, Porter) Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) |
| Filing 70 Third Notice of Supplemental Authorities re #60 MOTION for Summary Judgment and #47 Motion to Dismiss (Kobick, Julia) |
| Filing 69 NOTICE OF RESCHEDULING TIME OF MOTION 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.Motion Hearing is RESCHEDULED, AS TO TIME ONLY, until 11:30 a.m. on 12/17/2020 11:30 AM in Remote Proceeding : Boston before Judge Douglas P. Woodlock. Associated Cases: 1:20-cv-40041-DPW, 1:20-cv-10701-DPW(Beatty, Barbara) |
| Filing 68 NOTICE OF MOTION 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 on all Pending Motions is SCHEDULED for 12/17/2020 at 11:00 a.m. in Remote Proceeding : Boston before Judge Douglas P. Woodlock. Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) |
| Filing 67 REPLY to Response to #60 MOTION for Summary Judgment filed by Charles Duane Baker, Jr, Maura T. Healey. (Attachments: #1 Exhibit A)(Kobick, Julia) |
| Filing 66 NOTICE of Change of Address or Firm Name by Andrew J. Couture (McDonagh, Christina) |
| Filing 65 Opposition re #60 MOTION for Summary Judgment filed by Armour Sports, Inc., Bachant Armaments Corp., Michael Barosso, Brophy's Fine Firearms, Inc., Cedrone, LLC, John A Demalia, Gun Owners of America, Hardwick Rod and Gun Club, Inc., J&J Arms LLC, Magnum Enterprise, LLC, Outer Limits, LLC, Overwatch Outpost, Doris V. Stewart, Tool of Liberty. (Couture, Andrew) |
| Filing 64 Judge Douglas P. Woodlock: ORDER granting (131) Assented to Motion to Extend Briefing Deadlines. Plaintiffs will file a response and reply brief by November 9, 2020; and, Defendants may file a reply brief to Plaintiffs response by November 16, 2020. Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) |
| Filing 63 Statement of Material Facts L.R. 56.1 re #60 MOTION for Summary Judgment filed by Charles Duane Baker, Jr, Maura T. Healey. (Kobick, Julia) |
| Filing 62 AFFIDAVIT of Julia Kobick in Support re #60 MOTION for Summary Judgment filed by Charles Duane Baker, Jr, Maura T. Healey. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG)(Kobick, Julia) |
| Filing 61 MEMORANDUM in Support re #60 MOTION for Summary Judgment filed by Charles Duane Baker, Jr, Maura T. Healey. (Kobick, Julia) |
| Filing 60 MOTION for Summary Judgment by Charles Duane Baker, Jr, Maura T. Healey.(Kobick, Julia) |
| Filing 59 Judge Douglas P. Woodlock: ORDER granting Defendant's Assented to Motion to Extend Summary Judgment Deadlines. Defendants to file motion for summary judgment in both cases and oppose the McCarthy Plaintiffs motion for summary judgment no later than 10/19/2020; Plaintiffs to file response/reply brief no later than 11/2/2020; and, Defendants to file their reply brief no later than 11/9/2020. [(124) in case 1:20-cv-10701-DPW and (58) in case 1:20-cv-40041-DPW] (Beatty, Barbara) |
| Filing 58 Assented to MOTION for Extension of Time to 10/19/20 to File Summary Judgment Motion by Charles Duane Baker, Jr, Maura T. Healey.(Klein, Gary) |
| Filing 57 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting (118) Motion for Extension of Time, without opposition, in case 1:20-cv-10701-DPW for the filing of summary judgment by plaintiffs on September 23, 2020 and adopting the correlative schedule set forth in the motion for extension for dispositive motion briefing. Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Woodlock, Douglas) |
| Filing 56 Judge Douglas P. Woodlock: ORDER granting (116) Assented to Motion to Extend Briefing Deadlines. Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) |
| Filing 55 Judge Douglas P. Woodlock: ORDER granting (114) Assented to Motion to Extend Briefing Deadlines. Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) |
| Filing 54 Second Notice of Supplemental Authorities re #47 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Kobick, Julia) |
| Filing 53 NOTICE by Charles Duane Baker, Jr, Maura T. Healey of Filing of COVID-19 Order No. 37 (Kobick, Julia) |
| Filing 52 Notice of Supplemental Authorities re #47 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim (Attachments: #1 Exhibit Supplemental Authority)(Klein, Gary) |
| Filing 51 Opposition re #47 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Armour Sports, Inc., Bachant Armaments Corp., Michael Barosso, Brophy's Fine Firearms, Inc., Cedrone, LLC, John A Demalia, Gun Owners of America, Hardwick Rod and Gun Club, Inc., J&J Arms LLC, Magnum Enterprise, LLC, Outer Limits, LLC, Overwatch Outpost, Doris V. Stewart, Tool of Liberty. (Couture, Andrew) |
| Filing 50 Clerk's Notes for Status Hearing held via Zoom before Judge Douglas P. Woodlock: Proposed Pretrial Schedule submitted by the parties adopted by the Court [Fact discovery completed by 8/14/2020; Motions for summary judgment to be filed by 8/28/2020]. Court makes inquiries regarding remaining claims in the case. Plaintiffs to file their opposition to the Motion to Dismiss re mootness no later than 6/5/2020. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Jensen, Foley, Couture, Kobrick, Klein) Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) |
| Filing 49 JOINT STATEMENT re scheduling conference . (Couture, Andrew) |
| Filing 48 MEMORANDUM in Support re #47 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Charles Duane Baker, Jr, Maura T. Healey. (Kobick, Julia) |
| Filing 47 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Charles Duane Baker, Jr, Maura T. Healey.(Kobick, Julia) |
| Filing 46 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting (102) Motion for Leave to File Excess 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. in case 1:20-cv-10701-DPW; granting (45) Motion for Leave to File Excess 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. in case 1:20-cv-40041-DPW Associated Cases: 1:20-cv-40041-DPW, 1:20-cv-10701-DPW(Woodlock, Douglas) |
| Filing 45 Assented to MOTION for Leave to File Excess Pages in Support of Consolidated Motion to Dismiss by Charles Duane Baker, Jr, Maura T. Healey.(Klein, Gary) |
| Filing 44 ANSWER to #1 Complaint,, by Charles Duane Baker, Jr, Maura T. Healey.(Kobick, Julia) |
| Filing 43 Judge Douglas P. Woodlock: ELECTRONIC ORDER granting #41 Cedrone Plaintiffs' Motion to Withdraw Renewed Application for Injunctive Relief. The #38 Renewed Motion for Injunctive Relief is WITHDRAWN without opposition. Associated Cases: 1:20-cv-40041-DPW, 1:20-cv-10701-DPW(Beatty, Barbara) |
| Filing 42 NOTICE by Charles Duane Baker, Jr, Maura T. Healey re #41 MOTION to Withdraw Renewed Motion for Injuntive Relief (No Opposition) (Attachments: #1 Exhibit COVID-19 Order No. 33)(Klein, Gary) |
| Filing 41 MOTION to Withdraw Renewed Motion for Injuntive Relief by Armour Sports, Inc., Bachant Armaments Corp., Michael Barosso, Brophy's Fine Firearms, Inc., Cedrone, LLC, John A Demalia, Gun Owners of America, Hardwick Rod and Gun Club, Inc., J&J Arms LLC, Magnum Enterprise, LLC, Outer Limits, LLC, Overwatch Outpost, Doris V. Stewart, Tool of Liberty.(Couture, Andrew) |
| Filing 40 Judge Douglas P. Woodlock: PROCEDURAL ORDER: The Defendants shall respond to Cedrone Plaintiffs Opposed Renewed Application for Injunctive Relief #38 no later than 12:00 noon on Wednesday, May 20, 2020. Associated Cases: 1:20-cv-40041-DPW, 1:20-cv-10701-DPW(Beatty, Barbara) |
| Filing 39 NOTICE OF STATUS HEARING:This hearing will be conducted by video conference. ONLY COUNSEL OF RECORD TO A PARTY TO THE LITIGATION 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 by teleconference to all others, including the media and the public. In order to gain teleconference access to the hearing, such others must sign up at the following address: #www.public.mad.uscourts.gov/seating-signup. 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 5/29/2020 at 10:00 a.m. before Judge Douglas P. Woodlock. Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) |
| Filing 38 MOTION for Injunctive Relief Renewed by Armour Sports, Inc., Bachant Armaments Corp., Michael Barosso, Brophy's Fine Firearms, Inc., Cedrone, LLC, John A Demalia, Gun Owners of America, Hardwick Rod and Gun Club, Inc., J&J Arms LLC, Magnum Enterprise, LLC, Outer Limits, LLC, Overwatch Outpost, Doris V. Stewart, Tool of Liberty. (Attachments: #1 Exhibit Affidavit of Michael Dufresne, #2 Exhibit Affidavit of Steven Hathaway, #3 Exhibit Purge Ventilation System, #4 Exhibit Affidavit of Dennis Mahoney, #5 Exhibit Affidavit of William Lewis, #6 Exhibit Airflow Article)(Couture, Andrew) |
| Filing 37 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 Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Scalfani, Deborah) |
| Filing 36 Transcript of Hearing (Video Conference) held on May 7, 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 6/1/2020. Redacted Transcript Deadline set for 6/9/2020. Release of Transcript Restriction set for 8/7/2020. Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Scalfani, Deborah) |
| Filing 35 Judge Douglas P. Woodlock: AMENDED PRELIMINARY INJUNCTION ORDER entered. Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) |
| Filing 34 Judge Douglas P. Woodlock: PRELIMINARY INJUNCTION ORDER...The terms of this Order will take effect at 12:00 p.m., Saturday May 9, 2020 in order to allow for notice by Commonwealth public safety officials to licensees, licensing authorities, state and local law enforcement officials, and members of the public. Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) (Main Document 34 replaced on 5/7/2020) (Beatty, Barbara). |
| Filing 33 Clerk's Notes for Motion Hearing held via video and phone before Judge Douglas P. Woodlock: Court discusses the proposed forms of order submitted by the parties and hears further arguments regarding the motion for preliminary injunction. Court GRANTS the Motion for Preliminary Injunction and will enter the Order to go into effect 12:00 noon on Saturday, May 9, 2020. Defendants move for stay pending appeal which is DENIED. Defendants to answer complaint no later than May 21, 2020. Defendants to file a motion to dismiss no later than May 28, 2020. In addition, the parties shall jointly file a proposed scheduling order no later than May 28, 2020. Further status conference scheduled for May 29, 2020 at 10:00 a.m. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Jensen, Foley, Couture, Kobrick, Klein) Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) |
| Filing 32 AFFIDAVIT of Michaela Dunne by Charles Duane Baker, Jr, Maura T. Healey. (Kobick, Julia) |
| Filing 31 AFFIDAVIT of Julia Kobick by Charles Duane Baker, Jr, Maura T. Healey. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Kobick, Julia) |
| Filing 30 AFFIDAVIT of Terrence MacCormack (Second Affidavit) by Charles Duane Baker, Jr, Maura T. Healey. (Kobick, Julia) |
| Filing 29 NOTICE by Charles Duane Baker, Jr, Maura T. Healey of Filing of Contested Form of Order (Kobick, Julia) |
| Filing 28 E-Mail sent to Judge Woodlock on May 5, 2020 from Brian Miranda. Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(McDonagh, Christina) |
| Filing 27 Clerk's Notes for Motion Hearing held via video and telephone before Judge Douglas P. Woodlock: Parties to file further submissions requested by the Court, including a proposed form of order, no later than 5:00 p.m. on 5/6/2020. Court GRANTS Motions for Leave to File 72 in 20cv10701 and #22 #26 in 20cv40041 and DENIES Motion to Strike Affidavit 74 in 20cv10701. Further hearing scheduled for 5/7/2020 at 10:00 a.m. This hearing will be conducted by video conference. ONLY COUNSEL OF RECORD TO A PARTY TO THE LITIGATION 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 by teleconference to all others, including the media and the public. In order to gain teleconference access to the hearing, such others must sign up at the following address: #www.public.mad.uscourts.gov/seating-signup. 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: Jensen, Foley, Couture, Kobrick, Klein) Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) |
| Filing 26 MOTION for Leave to File Supplemental Declaration of Michaela Dunne by Charles Duane Baker, Jr, Maura T. Healey. (Attachments: #1 Exhibit Supplemental Declaration of Michaela Dunne)(Klein, Gary) |
| Filing 25 NOTICE by Charles Duane Baker, Jr, Maura T. Healey Second Revised Joint Statement as to Advancing Trial on the Merits (Klein, Gary) |
| Filing 24 AFFIDAVIT of Terrence MacCormack in response to Procedural Order, ECF No. 21 by Charles Duane Baker, Jr, Maura T. Healey. (Kobick, Julia) |
| Filing 23 REPLY to Response to #22 MOTION for Leave to File reply brief filed by Armour Sports, Inc., Bachant Armaments Corp., Michael Barosso, Brophy's Fine Firearms, Inc., Cedrone, LLC, John A Demalia, Gun Owners of America, Hardwick Rod and Gun Club, Inc., J&J Arms LLC, Magnum Enterprise, LLC, Outer Limits, LLC, Overwatch Outpost, Doris V. Stewart. (Couture, Andrew) |
| Filing 22 MOTION for Leave to File reply brief by Armour Sports, Inc., Bachant Armaments Corp., Michael Barosso, Brophy's Fine Firearms, Inc., Cedrone, LLC, John A Demalia, Gun Owners of America, Hardwick Rod and Gun Club, Inc., J&J Arms LLC, Magnum Enterprise, LLC, Outer Limits, LLC, Overwatch Outpost, Doris V. Stewart, Tool of Liberty.(Couture, Andrew) |
| Filing 21 Judge Douglas P. Woodlock: PROCEDURAL ORDERS entered. Parties to comply with the Orders no later than 12:00 noon on May 1, 2020. Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) |
| Filing 20 AFFIDAVIT in Opposition re #19 Opposition to Motion, . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Kobick, Julia) |
| Filing 19 Opposition re #4 MOTION for Temporary Restraining Order filed by Charles Duane Baker, Jr, Maura T. Healey. (Attachments: #1 Affidavit of Monica Bharel, MD, #2 Affidavit of Chief Jeff Farnsworth, #3 Affidavit of Michaela Dunne, #4 Affidavit of Zorran Atanasovski, #5 Affidavit of Marlee Greer)(Kobick, Julia) |
| Filing 18 NOTICE RE MOTION HEARING scheduled for 5/4/2020 at 10:00 a.m. before Judge Douglas P. Woodlock: This hearing will be conducted by video conference. ONLY COUNSEL OF RECORD TO A PARTY TO THE LITIGATION 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 by teleconference to all others, including the media and the public. In order to gain teleconference access to the hearing, such others must sign up at the following address: #www.public.mad.uscourts.gov/seating-signup. 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.Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) |
| Filing 17 Judge Douglas P. Woodlock: ELECTRONIC ORDER - Pursuant to the position of the Defendants as stated in the Local Rule 7.1(a)(2) Certification, included in the Motion for Leave to File Amicus Curiae Brief filed by National Shooting Sports Foundation, re (48 in 1:20-cv-10701-DPW), the Defendants shall file their opposition to this Motion no later than 5:00 p.m. on Monday, April 27, 2020.Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) |
| Filing 16 Judge Douglas P. Woodlock: ORDER granting (38) Motion for Leave to File Amicus Curiae Brief by Pink Pistols. 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. in case 1:20-cv-10701-DPW Associated Cases: 1:20-cv-10701-DPW, 1:20-cv-40041-DPW(Beatty, Barbara) |
| Filing 15 Judge Douglas P. Woodlock: ORDER - The plaintiffs having assented, the #14 Motion to Unseal Document #4 and #5 is GRANTED. (Beatty, Barbara) |
| Filing 14 Emergency MOTION to Unseal Document [Documents No. 4 and 5] by Charles Duane Baker, Jr, Maura T. Healey.(Klein, Gary) |
| Filing 13 NOTICE of Appearance by Gary E. Klein on behalf of Charles Duane Baker, Jr, Maura T. Healey (Klein, Gary) |
| Filing 12 NOTICE of Appearance by Julia E. Kobick on behalf of Charles Duane Baker, Jr, Maura T. Healey (Kobick, Julia) |
| Filing 11 Judge Douglas P. Woodlock: ORDER - Following consultation with Judge Woodlock, who was assigned McCarthy v. Baker, 20cv10701, the first filed of these apparently related cases, Judge Hillman, who was initially assigned Cedrone v. Baker, 20cv40041, the second filed case, transferred the Cedrone matter, with Judge Woodlocks consent, see generally Local Rule 40.1(i)(1), to Judge Woodlock for treatment on a consolidated basis with the McCarthy matter. Accordingly, it is hereby ORDERED that the plaintiffs in Cedrone, having now submitted the necessary sworn evidentiary materials upon which to base interlocutory relief, which if properly served would justify a short order of notice for response on or before April 28, 2020, shall be subject to the procedural and scheduling order [Dkt. No. 23] entered yesterday in McCarthy. To that end the plaintiffs (Ex Parte) Emergency Motion [Dkt No. 4] for Temporary Restraining Order submitted in Cedrone is DENIED without prejudice to consideration of the requested interlocutory injunctive relief at the previously scheduled preliminary injunction hearing on May 4, 2020 at 10:00 a.m.(Beatty, Barbara) |
| Filing 10 Case transferred in from Central Division (Worcester) on 4/16/2020 Case Number 4:20-cv-40041. (Danieli, Chris) |
| Filing 9 ELECTRONIC NOTICE of Case RE-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) |
| Filing 8 Case transferred to Eastern Division (Boston) (Castles, Martin) |
| Filing 7 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. This case is transferred to District Judge Woodlock under L.R. 40.1(i)(1) for consolidation with docket #20-10701 DPW, there being common Defendants and common questions of fact and law. (Castles, Martin) |
| Filing 6 ELECTRONIC NOTICE of Case Reassignment. District Judge Timothy S. Hillman 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 David H. Hennessy. (Danieli, Chris) |
| Filing 5 MEMORANDUM in Support re #4 Emergency MOTION for Temporary Restraining Order filed by Armour Sports, Inc., Bachant Armaments Corp., Michael Barosso, Brophy's Fine Firearms, Inc., Cedrone, LLC, John A Demalia, Gun Owners of America, Hardwick Rod and Gun Club, Inc., J&J Arms LLC, Magnum Enterprise, LLC, Outer Limits, LLC, Overwatch Outpost, Doris V. Stewart, Tool of Liberty. (Attachments: #1 Exhibit A - H)(Burgos, Sandra) Unsealed on 4/17/2020 (Beatty, Barbara). |
| Filing 4 Emergency MOTION for Temporary Restraining Order by Armour Sports, Inc., Bachant Armaments Corp., Michael Barosso, Brophy's Fine Firearms, Inc., Cedrone, LLC, John A Demalia, Gun Owners of America, Hardwick Rod and Gun Club, Inc., J&J Arms LLC, Magnum Enterprise, LLC, Outer Limits, LLC, Overwatch Outpost, Doris V. Stewart, Tool of Liberty.(Burgos, Sandra) Unsealed on 4/17/2020 (Beatty, Barbara). |
| Filing 3 Summons Issued as to Charles Duane Baker, Jr, Maura T. 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. (Jones, Sherry) |
| Filing 2 NOTICE of Case Assignment. Magistrate Judge David H. Hennessy assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Jones, Sherry) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-8190580 (Fee Status: Filing Fee paid), filed by Armour Sports, Inc., Bachant Armaments Corp., Michael Barosso, Brophy's Fine Firearms, Inc., Cedrone, LLC, John A Demalia, Gun Owners of America, Hardwick Rod and Gun Club, Inc., J&J Arms LLC, Magnum Enterprise, LLC d/b/a Bear Arms, Outer Limits, LLC d/b/a OuterLimits Pro Shop, Overwatch Outpost, Doris V. Stewart, Tool of Liberty. (Attachments: #1 Civil Cover Sheet Civil Coversheets, #2 Exhibit Exhibits)(Couture, Andrew) |
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