3137, LLC et al v. Town of Harwich et al
| 3137, LLC, THE PORT RESTAURANT AND BAR, INC., JARED G BRACKETT, EMBER PIZZA, INC., 541 MAIN STREET REALTY TRUST, JUSTIN R BRACKETT, Justin R. Brackett and Jared G. Brackett |
| JOSEPH F POWERS, Town of Harwich, John and/or Jane Does 1-10, PATRICIA A O'NEILL, STEPHEN P FORD, EDWARD J MACMANUS, DONALD F HOWELL, KEVIN M CONSIDINE, Larry G. Ballantine, David J Guillemette, GAIL O SLUIS, Michael D. Macaskill, Gail O. Sluis, Kevin M. Considine, Patricia A. O'Neill, Edward J. Macmanus, Stephen P. Ford, Donald F. Howell and Joseph F. Powers |
| 1:2021cv10473 |
| March 18, 2021 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| Civil Rights: Other |
| 28 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 36 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #35 Motion to Continue briefing dates on the applicability of Younger abstention to May 17 & May 24, 2021 by Larry G. Ballantine, Kevin M. Considine, Stephen P. Ford, David J Guillemette, Donald F. Howell, Michael D. Macaskill, Edward J. Macmanus, Joseph F. Powers (Hourihan, Lisa) |
| Filing 35 Joint MOTION to Continue briefing dates on the applicability of Younger abstention to May 17 & May 24, 2021 by Larry G. Ballantine, Kevin M. Considine, Stephen P. Ford, David J Guillemette, Donald F. Howell, Michael D. Macaskill, Edward J. Macmanus, Joseph F. Powers.(Davis, John) |
| Filing 34 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #33 Motion to Continue Briefing Schedule for Younger Abstention (Hourihan, Lisa) |
| Filing 33 Joint MOTION to Continue -JOINT REQUEST TO CONTINUE BRIEFING SCHEDULE FOR YOUNGER ABSTENTION (DOCKET ENTRY #32) by Larry G. Ballantine, Kevin M. Considine, Stephen P. Ford, David J Guillemette, Donald F. Howell, Michael D. Macaskill, Edward J. Macmanus, Joseph F. Powers, Town of Harwich.(Davis, John) |
| Filing 32 Judge Denise J. Casper: ELECTRONIC ORDER entered. Having considered the parties' arguments on Plaintiffs' motion for a temporary restraining order and/or a preliminary injunction, D. 7, the Court requests additional briefing on the applicability of Younger abstention to this matter. See Younger v. Harris, 401 U.S. 37 (1971); Sirva Relocation, LLC v. Richie, 794 F.3d 185, 192, 196 (1st Cir. 2015). Here, Plaintiffs have moved in Barnstable Superior Court for injunctive relief related to the entertainment and liquor licenses which are both at issue before this Court, see Pl's Emergency Mot. For Injunctive Relief, Ember Pizza, Inc., et al. v. Town of Harwich, No. 2172CV00112 (Barnstable Super. Ct. Apr. 5, 2021), D. 3, and appealed the Town's inaction on its liquor license to the Alcoholic Beverages Control Commission, see D. 15 at 6. Accordingly, Plaintiffs shall file a brief not to exceed five pages by May 3, 2021 explaining why the Court should not abstain while its case is ongoing in state court. Defendants' response is due on May 10, 2021 and shall also not exceed five pages. As part of the briefing, the parties should address the relief available to Plaintiffs in state court and whether they may raise both state law and constitutional arguments there. See Rossi v. Gemma, 489 F.3d 26, 34-37 (1st Cir. 2007). (Hourihan, Lisa) |
| Filing 31 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 4/22/2021 re #7 Emergency MOTION for Temporary Restraining Order , for Preliminary and Permanent Injunctions, and for Evidentiary Hearing filed by The Port Restaurant and Bar, Inc., Ember Pizza, Inc. by videoconference. Arguments. Court takes under advisement #7 Emergency MOTION for Temporary Restraining Order , for Preliminary and Permanent Injunctions, and for Evidentiary Hearing. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Raymond H. Tomlinson, Jr. for the plaintiffs. John J. Davis, Justin L. Amos, Charles M. Sabatt and Andrew C. Oatway for defendants.) (Currie, Haley) |
| Filing 30 Opposition re #29 MOTION to Strike #27 Reply to Response to Motion,, -MOTION TO STRIKE AFFIDAVIT AND EXHIBITS OF JUSTIN R. BRACKETT IN SUPPORT OF PLAINTIFFS REPLY MEMORANDUM IN SUPPORT OF EMERGENCY MOTION FOR INJUNCTIVE RELIEF and Cross-Motion to Strike Affidavit of Joseph F. Powers and Exhibits Filed in Support of Town Defendants' Opposition to Injunctive Relief filed by 3137, LLC, 541 Main Street Realty Trust, Jared G. Brackett, Justin R. Brackett, Ember Pizza, Inc., The Port Restaurant and Bar, Inc.. (Tomlinson, Raymond) |
| Filing 29 MOTION to Strike #27 Reply to Response to Motion,, -MOTION TO STRIKE AFFIDAVIT AND EXHIBITS OF JUSTIN R. BRACKETT IN SUPPORT OF PLAINTIFFS REPLY MEMORANDUM IN SUPPORT OF EMERGENCY MOTION FOR INJUNCTIVE RELIEF by Larry G. Ballantine, Kevin M. Considine, Stephen P. Ford, David J Guillemette, Donald F. Howell, Michael D. Macaskill, Edward J. Macmanus, Joseph F. Powers, Town of Harwich.(Davis, John) |
| Filing 28 NOTICE by 3137, LLC, 541 Main Street Realty Trust, Jared G. Brackett, Justin R. Brackett, Ember Pizza, Inc., The Port Restaurant and Bar, Inc. Withdrawing "documents only" subpoenas to Facebook, Inc. and its affiliate, Instagram.com (Tomlinson, Raymond) |
| Filing 27 REPLY to Response to #7 Emergency MOTION for Temporary Restraining Order , for Preliminary and Permanent Injunctions, and for Evidentiary Hearing filed by 3137, LLC, 541 Main Street Realty Trust, Jared G. Brackett, Justin R. Brackett, Ember Pizza, Inc., The Port Restaurant and Bar, Inc.. (Attachments: #1 Affidavit Justin R. Brackett Affidavit ISO Reply, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I)(Tomlinson, Raymond) |
| Filing 26 NOTICE by Larry G. Ballantine, Kevin M. Considine, Stephen P. Ford, David J Guillemette, Donald F. Howell, Michael D. Macaskill, Edward J. Macmanus, Joseph F. Powers, Town of Harwich -SUGGESTION OF DEATH OF DEFENDANT, STEPHEN P. FORD (Davis, John) |
| Filing 25 MEMORANDUM in Support re #24 MOTION to Quash , #17 MOTION to Quash SUBPOEANAS DIRECTED TO FACEBOOK, INC. & INSTAGRAM, INC. filed by Gail O. Sluis. (Attachments: #1 Exhibit, #2 Exhibit)(Sabatt, Charles) |
| Filing 24 MOTION to Quash by Gail O. Sluis.(Sabatt, Charles) |
| Filing 23 Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Videoconference (Hourihan, Lisa) |
| Filing 22 ELECTRONIC NOTICE Setting Hearing on Motion #7 Emergency MOTION for Temporary Restraining Order , for Preliminary and Permanent Injunctions, and for Evidentiary 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 set for 4/22/2021 02:00 PM in Remote Proceeding : Boston before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 21 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #20 Motion for Leave to File Reply Brief not to exceed 10 pages in length; 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. (Hourihan, Lisa) |
| Filing 20 MOTION for Leave to File Reply Memorandum in Support of Emergency Motion for Injunctive Relief by 3137, LLC, 541 Main Street Realty Trust, Jared G. Brackett, Justin R. Brackett, Ember Pizza, Inc., The Port Restaurant and Bar, Inc..(Tomlinson, Raymond) |
| Filing 19 NOTICE of Appearance by Charles M. Sabatt on behalf of Gail O. Sluis (Sabatt, Charles) |
| Filing 18 MEMORANDUM in Support re #17 MOTION to Quash SUBPOEANAS DIRECTED TO FACEBOOK, INC. & INSTAGRAM, INC. filed by Larry G. Ballantine, Kevin M. Considine, Stephen P. Ford, David J Guillemette, Donald F. Howell, Michael D. Macaskill, Edward J. Macmanus, Joseph F. Powers. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Davis, John) |
| Filing 17 MOTION to Quash SUBPOEANAS DIRECTED TO FACEBOOK, INC. & INSTAGRAM, INC. by Larry G. Ballantine, Kevin M. Considine, Stephen P. Ford, David J Guillemette, Donald F. Howell, Michael D. Macaskill, Edward J. Macmanus, Joseph F. Powers.(Davis, John) |
| Filing 16 NOTICE of Appearance by Justin L. Amos on behalf of Larry G. Ballantine, Kevin M. Considine, Stephen P. Ford, David J Guillemette, Donald F. Howell, Michael D. Macaskill, Edward J. Macmanus, Joseph F. Powers, Town of Harwich (Amos, Justin) |
| Filing 15 MEMORANDUM in Opposition re #7 Emergency MOTION for Temporary Restraining Order , for Preliminary and Permanent Injunctions, and for Evidentiary Hearing filed by Larry G. Ballantine, Kevin M. Considine, Stephen P. Ford, David J Guillemette, Donald F. Howell, Michael D. Macaskill, Edward J. Macmanus, Joseph F. Powers, Town of Harwich. (Attachments: #1 Affidavit Affidavit of Joseph F. Powers, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Davis, John) |
| Filing 14 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #13 Motion for Leave to File Excess Pages. Memorandum in Opposition to Motion for TRO not to exceed 28 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. (Hourihan, Lisa) |
| Filing 13 MOTION for Leave to File Excess Pages (File Memorandum in Excess of 20 Pages) by Larry G. Ballantine, Kevin M. Considine, Stephen P. Ford, David J Guillemette, Donald F. Howell, Michael D. Macaskill, Edward J. Macmanus, Joseph F. Powers, Town of Harwich.(Davis, John) |
| Filing 12 NOTICE of Appearance by John J. Davis on behalf of Larry G. Ballantine, KEVIN M CONSIDINE, STEPHEN P FORD, David J Guillemette, DONALD F HOWELL, EDWARD J MACMANUS, Michael D. Macaskill, JOSEPH F POWERS, Town of Harwich (Davis, John) |
| Filing 11 WAIVER OF SERVICE Returned Executed by 541 MAIN STREET REALTY TRUST, 3137, LLC, JARED G BRACKETT, EMBER PIZZA, INC., THE PORT RESTAURANT AND BAR, INC., JUSTIN R BRACKETT. GAIL O SLUIS waiver sent on 3/30/2021, answer due 6/1/2021. (Tomlinson, Raymond) |
| Filing 10 WAIVER OF SERVICE Returned Executed by 541 MAIN STREET REALTY TRUST, 3137, LLC, JARED G BRACKETT, EMBER PIZZA, INC., THE PORT RESTAURANT AND BAR, INC., JUSTIN R BRACKETT. Larry G. Ballantine waiver sent on 3/31/2021, answer due 6/1/2021; KEVIN M CONSIDINE waiver sent on 3/31/2021, answer due 6/1/2021; STEPHEN P FORD waiver sent on 3/31/2021, answer due 6/1/2021; David J Guillemette waiver sent on 3/31/2021, answer due 6/1/2021; DONALD F HOWELL waiver sent on 3/31/2021, answer due 6/1/2021; EDWARD J MACMANUS waiver sent on 3/31/2021, answer due 6/1/2021; Michael D. Macaskill waiver sent on 3/31/2021, answer due 6/1/2021; PATRICIA A O'NEILL waiver sent on 3/31/2021, answer due 6/1/2021; JOSEPH F POWERS waiver sent on 3/31/2021, answer due 6/1/2021; Town of Harwich waiver sent on 3/31/2021, answer due 6/1/2021. (Attachments: #1 Waiver of Service - Kevin Considine, #2 Waiver of Service - Stephen Ford, #3 Waiver of Service - David Guillemette, #4 Waiver of Service - Donald Howell, #5 Waiver of Service - Michael MacAskill, #6 Waiver of Service - Edward McManus, #7 Waiver of Service - Joseph F. Powers, #8 Waiver of Service - Larry Ballantine, #9 Waiver of Service - Patricia O'Neill)(Tomlinson, Raymond) |
| Filing 9 NOTICE of Appearance by Andrew C. Oatway on behalf of PATRICIA A O'NEILL (Oatway, Andrew) |
| Filing 8 MEMORANDUM in Support re #7 Emergency MOTION for Temporary Restraining Order , for Preliminary and Permanent Injunctions, and for Evidentiary Hearing filed by EMBER PIZZA, INC., THE PORT RESTAURANT AND BAR, INC. (Currie, Haley) |
| Filing 7 Emergency MOTION for Temporary Restraining Order , for Preliminary and Permanent Injunctions, and for Evidentiary Hearing by EMBER PIZZA, INC., THE PORT RESTAURANT AND BAR, INC.. (Attachments: # (1) Memorandum of Law ISO Motion for TRO & Injunction removed from this entry on 3/31/21 and filed correctly in D. #8 #2 Affidavit Affidavit of Justin R. Brackett, #3 Exhibit Exhibit FF, #4 Exhibit Exhibit GG, #5 Exhibit Exhibit GG-1, #6 Exhibit Exhibit HH, #7 Exhibit Exhibit II)(Tomlinson, Raymond) (Currie, Haley) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by THE PORT RESTAURANT AND BAR, INC.. (Alves-Baptista, Antonia) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by EMBER PIZZA, INC.. (Alves-Baptista, Antonia) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by 3137, LLC. (Alves-Baptista, Antonia) |
| Filing 3 Summons Issued as to All Defendants. 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. (McDonagh, Christina) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
| Filing 1 COMPLAINT (VERIFIED) FOR DECLARATORY JUDGMENT, INJUNCTIVE AND OTHER RELIEF against All Defendants Filing fee: $ 402, receipt number 0101-8687870 (Fee Status: Filing Fee paid), filed by 3137, LLC, 541 MAIN STREET REALTY TRUST, JARED G BRACKETT, JUSTIN R BRACKETT, EMBER PIZZA, INC., THE PORT RESTAURANT AND BAR, INC.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Category Form, #3 Corporate Disclosure Statement, #4 Corporate Disclosure Statement, #5 Corporate Disclosure Statement, #6 Exhibit Exhibit A, #7 Exhibit Exhibit B, #8 Exhibit Exhibit C, #9 Exhibit Exhibit D, #10 Exhibit Exhibit E, #11 Exhibit Exhibit F, #12 Exhibit Exhibit G, #13 Exhibit Exhibit G-1, #14 Exhibit Exhibit H, #15 Exhibit Exhibit I, #16 Exhibit Exhibit J, #17 Exhibit Exhibit K, #18 Exhibit Exhibit L, #19 Exhibit Exhibit M, #20 Exhibit Exhibit N, #21 Exhibit Exhibit N-1, #22 Exhibit Exhibit O, #23 Exhibit Exhibit P, #24 Exhibit Exhibit Q, #25 Exhibit Exhibit R, #26 Exhibit Exhibit S, #27 Exhibit Exhibit T, #28 Exhibit Exhibit U, #29 Exhibit Exhibit V, #30 Exhibit Exhibit W, #31 Exhibit Exhibit W-1, #32 Exhibit Exhibit X, #33 Exhibit Exhibit Y, #34 Exhibit Exhibit Z, #35 Exhibit Exhibit Z-1, #36 Exhibit Exhibit AA, #37 Exhibit Exhibit BB, #38 Exhibit Exhibit CC, #39 Exhibit Exhibit DD, #40 Exhibit Exhibit EE)(Tomlinson, Raymond) |
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