Massachusetts Lobstermen's Association, Inc. v. National Marine Fisheries Service (NMFS) et al
| Massachusetts Lobstermen's Association, Inc. |
| National Marine Fisheries Service (NMFS), Gina Raimondo and Janet Coit |
| Pro Se Party Richard Strahan, Conservation Law Foundation, Center for Biological Diversity, Defenders of Wildlife, Whale and Dolphin Conservation and Massachusetts Division of Marine Fisheries |
| 1:2024cv10332 |
| February 9, 2024 |
| US District Court for the District of Massachusetts |
| William G Young |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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| Filing 63 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 #https://www.mad.uscourts.gov/caseinfo/transcripts.htm (McDonagh, Christina) |
| Filing 62 Transcript of Motion Hearing (continued) held on March 14, 2024, before Judge William G. Young. 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: Richard Romanow at rhrbulldog@aol.com. Redaction Request due 4/10/2024. Redacted Transcript Deadline set for 4/22/2024. Release of Transcript Restriction set for 6/18/2024. (McDonagh, Christina) |
| Filing 61 Transcript of Motion Hearing held on March 7, 2024, before Judge William G. Young. 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: Richard Romanow at rhrbulldog@aol.com. Redaction Request due 4/10/2024. Redacted Transcript Deadline set for 4/22/2024. Release of Transcript Restriction set for 6/18/2024. (McDonagh, Christina) |
| Filing 60 Judge William G. Young: ORDER entered; JUDGMENT in favor of the plaintiff. (Gaudet, Jennifer) |
| Filing 59 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 3/14/2024 re statute and regulations The Court hears arguments of counsel and makes a declaration reserving the right to prepare a written, more extensive decision in support. Judgment shall enter for the plaintiff. The defendant makes an oral motion to stay pending appeal, motion is denied. (Court Reporter: Richard Romanow at rhrbulldog@aol.com.)(Attorneys present: Attorneys Blatchley, Dube and Cragg for the plaintiff and Attorneys Grosko and Mayhall for the defendants) (Gaudet, Jennifer) |
| Filing 58 Proposed Document(s) submitted by Massachusetts Lobstermen's Association, Inc.. Document received: Proposed Declaratory Judgment and Permanent Injunction. (Blatchley, Samuel) |
| Filing 57 Proposed Findings of Fact by Massachusetts Lobstermen's Association, Inc.. (Blatchley, Samuel) |
| Filing 56 TRIAL BRIEF by Massachusetts Lobstermen's Association, Inc.. (Blatchley, Samuel) |
| Filing 55 AMICUS BRIEF filed by Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife, Whale and Dolphin Conservation . (Fuller, Erica) |
| Filing 54 MEMORANDUM in Support re #53 MOTION for Partial Summary Judgment as to Claims 1, 2, 3 in Plaintiff's Complaint filed by Janet Coit, National Marine Fisheries Service (NMFS), Gina Raimondo. (Mayhall, Taylor) |
| Filing 53 MOTION for Partial Summary Judgment by National Marine Fisheries Service (NMFS), Gina Raimondo. (Attachments: #1 Text of Proposed Order)(Mayhall, Taylor) |
| Filing 52 ELECTRONIC NOTICE Setting Hearing. Motion Hearing set for 3/14/2024 01:45 PM in Courtroom 18 (In person only) before Judge William G. Young. (Gaudet, Jennifer) |
| Filing 51 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 3/7/2024 re #3 MOTION for Temporary Restraining Order , Preliminary Injunction, and Administrative Stay filed by Massachusetts Lobstermen's Association, Inc. The Court enters an order collapsing #3 Motion for Preliminary Injunction with trial on the merits in accordance with Rule 65(a). A hearing regarding the statute and regulations is set for March 14, 2024 at 1:45 PM. Briefing is not required but would be accepted. (Court Reporter: Richard Romanow at rhrbulldog@aol.com.) (Gaudet, Jennifer) |
| Filing 50 NOTICE of Appearance by James A. Sweeney on behalf of Massachusetts Division of Marine Fisheries (Sweeney, James) |
| Filing 49 SUPPLEMENTAL AMICUS BRIEF filed by Richard Strahan. (Paine, Matthew) |
| Filing 48 AMICUS BRIEF filed by Massachusetts Division of Marine Fisheries. (Attachments: #1 Affidavit DMF McKiernan Declaration)(Ireland, Matthew)Modified on 3/6/2024 to Correct Docket Text and Remove CM/ECF NextGen Document Link as Counsel Filed the Amicus Brief Under the Wrong Event in CM/ECF NextGen. (Paine, Matthew). |
| Filing 47 NOTICE of Appearance by Emily Jeffers on behalf of Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife, Whale and Dolphin Conservation (Jeffers, Emily) |
| Filing 46 Judge William G. Young: ELECTRONIC ORDER entered granting #32 MOTION for Leave to File as amici curiae. (Paine, Matthew) |
| Filing 45 USCA Case Number 24-1220 for #42 Notice of Appeal, filed by Richard Strahan. (Paine, Matthew) |
| Filing 44 AMICUS BRIEF filed by Richard Strahan. (Paine, Matthew) |
| Filing 43 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #42 Notice of Appeal. (Paine, Matthew) |
| Filing 42 NOTICE OF APPEAL as to 40 Electronic Order on Motion to Intervene by Richard Strahan NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 3/25/2024. (Paine, Matthew) |
| Filing 41 MOTION to Expedite Review of DMF Motion--Now Unopposed--For Leave To File DMF Amicus Brief Prior to the March 7, 2024, Hearing by Massachusetts Division of Marine Fisheries.(Ireland, Matthew) |
| Filing 40 Judge William G. Young: ELECTRONIC ORDER entered re #36 Motion to Intervene (Paine, Matthew)The motion to intervene is denied. The Court will, however, welcome a brief amicus curiae concerning the issues raised in this case. |
| Filing 39 NOTICE of Appearance by Jane P. Davenport on behalf of Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife, Whale and Dolphin Conservation (Davenport, Jane) |
| Filing 38 DECLARATION of Richard Maximus Strahan on his Article III Standing to Prosecute ESA Violations to Protect his Ability to Implement his do-it-yourself Recovery Efforts for the Northern Right Whale in Support re #36 MOTION to Intervene, filed by Richard Strahan. (Paine, Matthew) |
| Filing 37 MEMORANDUM in Support re #36 MOTION to Intervene filed by Richard Strahan. (Paine, Matthew) |
| Filing 36 MOTION to Intervene by Richard Strahan.(Paine, Matthew) (Additional attachment(s) added on 3/4/2024: #1 Proposed Intervenor Complaint, #2 Exhibit 1, #3 Exhibit 2) (Paine, Matthew). |
| Filing 35 ELECTRONIC NOTICE Setting Hearing on Motion #3 MOTION for Temporary Restraining Order , Preliminary Injunction, and Administrative Stay : Motion Hearing set for 3/7/2024 at 10:30 AM in Courtroom 18 (In person only) before Judge William G. Young. (Gaudet, Jennifer) |
| Filing 34 Judge William G. Young: ELECTRONIC ORDER entered granting #30 Motion for Leave to Appear Pro Hac Vice. Added Emily Jeffers. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Paine, Matthew) |
| Filing 33 Judge William G. Young: ELECTRONIC ORDER entered granting #29 Motion for Leave to Appear Pro Hac Vice Added Jane P. Davenport. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Paine, Matthew) |
| Filing 32 MOTION for Leave to File as amici curiae by Massachusetts Division of Marine Fisheries. (Attachments: #1 Affidavit Declaration of DMF Director McKiernan, #2 Proposed Order granting leave to appear as amici)(Ireland, Matthew) |
| Filing 31 AMICUS BRIEF filed by Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife, Whale and Dolphin Conservation . (Fuller, Erica) |
| Filing 30 MOTION for Leave to Appear Pro Hac Vice for admission of Emily Jeffers Filing fee: $ 125, receipt number AMADC-10288513 by Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife, Whale and Dolphin Conservation. (Attachments: #1 Certification)(Fuller, Erica) |
| Filing 29 MOTION for Leave to Appear Pro Hac Vice for admission of Jane P. Davenport Filing fee: $ 125, receipt number AMADC-10288482 by Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife, Whale and Dolphin Conservation. (Attachments: #1 Certification)(Fuller, Erica) |
| Filing 28 REPLY to Response to #3 MOTION for Temporary Restraining Order , Preliminary Injunction, and Administrative Stay filed by Massachusetts Lobstermen's Association, Inc.. (Blatchley, Samuel) |
| Filing 27 NOTICE of Appearance by Erica A. Fuller on behalf of Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife, Whale and Dolphin Conservation (Fuller, Erica) |
| Filing 26 Judge William G. Young: ELECTRONIC ORDER entered granting #24 MOTION for Leave to File Amici Curiae Brief by Conservation Law Foundation, Center for Biological Diversity, Defenders of Wildlife, Whale and Dolphin Conservation ; 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. (Paine, Matthew) |
| Filing 25 Judge William G. Young: ELECTRONIC ORDER entered granting #23 MOTION for Leave to File Reply to Federal Defendants' Opposition at Docket No. #22 ; 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. (Paine, Matthew) |
| Filing 24 MOTION for Leave to File Amici Curiae Brief by Conservation Law Foundation, Center for Biological Diversity, Defenders of Wildlife, Whale and Dolphin Conservation. (Attachments: #1 Conservation Groups Proposed Amici Curiae Brief)(Fuller, Erica) |
| Filing 23 MOTION for Leave to File Reply to Federal Defendants' Opposition at Docket No. 22 by Massachusetts Lobstermen's Association, Inc.. (Attachments: #1 Proposed Reply)(Blatchley, Samuel) |
| Filing 22 Opposition re #3 MOTION for Temporary Restraining Order , Preliminary Injunction, and Administrative Stay filed by Janet Coit, National Marine Fisheries Service (NMFS), Gina Raimondo. (Attachments: #1 Affidavit of Colleen Coogan)(Mayhall, Taylor) |
| Filing 21 NOTICE by Janet Coit, National Marine Fisheries Service (NMFS), Gina Raimondo of Lodging Administrative Record (Attachments: #1 Exhibit A - Administrative Record Index, #2 Exhibit B - Administrative Record Certification)(Mayhall, Taylor) |
| Filing 20 NOTICE of Appearance by Rayford A. Farquhar on behalf of Janet Coit, National Marine Fisheries Service (NMFS), Gina Raimondo (Farquhar, Rayford) |
| Filing 19 Reset Deadlines as to #3 MOTION for Temporary Restraining Order , Preliminary Injunction, and Administrative Stay. Response due by 2/23/2024 (Paine, Matthew) |
| Filing 18 Judge William G. Young: ELECTRONIC ORDER entered re #16 Joint MOTION for Order to Set a Deadline for Response to Plaintiff's Motion for a Preliminary Injunction. (Paine, Matthew)The defendants shall have until Friday, February 23rd to respond to the motion for preliminary injunction and the Court will set a hearing for the following week. |
| Filing 17 Judge William G. Young: ELECTRONIC ORDER entered granting #15 Motion for leave to electronically file Pro Se. Pro se litigants must have an individual PACER account to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at #https://pacer.uscourts.gov/register-account.Pro se e-filing account Instructions #https://www.mad.uscourts.gov/caseinfo/nextgen-pro-se.htm.If you already have a PACER account with E-Filing access as a pro se litigant, you do not need to register again. Please email tracy_mclaughlin@mad.uscourts.gov. (Paine, Matthew) |
| Filing 16 Joint MOTION for Order to Set a Deadline for Response to Plaintiff's Motion for a Preliminary Injunction by Janet Coit, National Marine Fisheries Service (NMFS), Gina Raimondo. (Attachments: #1 Text of Proposed Order Defendants' Proposed Order)(Grosko, John) |
| Filing 15 EMERGENCY MOTION for Leave to file electronically Pro Se by Richard Strahan.(Paine, Matthew) |
| Filing 14 NOTICE of Appearance by Taylor Mayhall on behalf of Janet Coit, National Marine Fisheries Service (NMFS), Gina Raimondo (Mayhall, Taylor) |
| Filing 13 MEMORANDUM in Support re #3 MOTION for Temporary Restraining Order , Preliminary Injunction, and Administrative Stay (Revised in light of Court Order at Docket No. 8) filed by Massachusetts Lobstermen's Association, Inc.. (Attachments: #1 Exhibit 8 - Declaration of Arthur Sawyer, #2 Exhibit 9- Declaration of Eric Meschino)(Blatchley, Samuel) |
| Filing 12 NOTICE of Appearance by John Brett Grosko on behalf of Janet Coit, National Marine Fisheries Service (NMFS), Gina Raimondo (Grosko, John) |
| Filing 11 DECLARATION of Service by Massachusetts Lobstermen's Association, Inc.. (Blatchley, Samuel) |
| Filing 10 Judge William G. Young: ELECTRONIC ORDER entered granting #5 Motion for Leave to Appear Pro Hac Vice Added Robert T. Dube Jr.. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Paine, Matthew) |
| Filing 9 Judge William G. Young: ELECTRONIC ORDER entered granting #4 Motion for Leave to Appear Pro Hac Vice Added Daniel J. Cragg. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Paine, Matthew) |
| Filing 8 Judge William G. Young: ELECTRONIC ORDER entered denying #2 Motion for Leave to File Excess Pages (Paine, Matthew) |
| Filing 7 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. (Kelly, Danielle) |
| Filing 6 ELECTRONIC NOTICE of Case Assignment. Judge William G. Young 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 Jennifer C. Boal. (Horvath, Courtney) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice for admission of Robert T. Dube Jr. Filing fee: $ 125, receipt number AMADC-10263221 by Massachusetts Lobstermen's Association, Inc..(Blatchley, Samuel) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice for admission of Daniel J. Cragg Filing fee: $ 125, receipt number AMADC-10263196 by Massachusetts Lobstermen's Association, Inc..(Blatchley, Samuel) |
| Filing 3 MOTION for Temporary Restraining Order , Preliminary Injunction, and Administrative Stay by Massachusetts Lobstermen's Association, Inc.. (Attachments: #1 Text of Proposed Order Proposed Temporary Restraining Order and Order to Show Cause)(Blatchley, Samuel) |
| Filing 2 MOTION for Leave to File Excess Pages by Massachusetts Lobstermen's Association, Inc.. (Attachments: #1 Proposed Memorandum, #2 Exhibit 8 - Declaration of Arthur Sawyer, #3 Exhibit 9 - Declaration of Eric Meschino)(Blatchley, Samuel) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 405, receipt number AMADC-10262901 (Fee Status: Filing Fee paid), filed by Massachusetts Lobstermen's Association, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Beth Casoni, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil Cover Sheet, #9 Category Form, #10 Proposed Summons - NMFS, #11 Proposed Summons - Raimondo, #12 Proposed Summons - Coit, #13 Proposed Summons - US Attorney, #14 Proposed Summons - DOJ)(Blatchley, Samuel) |
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