Tran v. Healey
| Dean Tran |
| Maura Healey |
| 4:2022cv40086 |
| July 27, 2022 |
| US District Court for the District of Massachusetts |
| Leo T Sorokin |
| Civil Rights: Voting |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on September 13, 2022. A more recent docket listing may be available from PACER.
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| Filing 23 District Judge Leo T. Sorokin: ORDER entered. ORDER ON MOTION TO DISMISS For the forgoing reasons, the motion of Defendant Maura Healey, in her official capacity as the Attorney General of Massachusetts, to dismiss the complaint, Doc. No. 13, is ALLOWED. Plaintiff's complaint is hereby DISMISSED because the Court abstains from asserting jurisdiction over the action. The Clerk shall terminate the other pending motions and close the case. (Dore, Samantha) |
| Filing 22 MEMORANDUM in Opposition re #13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dean Tran. (Walsh, Michael) |
| Filing 21 MEMORANDUM in Opposition re #15 MOTION to Strike #6 MOTION for Temporary Restraining Order Renewed with Affidavit filed by Dean Tran. (Walsh, Michael) |
| Filing 20 REPLY to Response to #2 Emergency MOTION for Temporary Restraining Order filed by Dean Tran. (Walsh, Michael) |
| Filing 19 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. There are several pending motions in this case. First, the Plaintiff has filed a Motion for a Temporary Restraining Order, Doc. No. #6 , which the Defendant has opposed, Doc. No. #17 . If the Plaintiff wishes to file a reply to the opposition, he shall do so by August 10. Such a reply is limited to five pages. Second, there is a Motion to Dismiss filed by the Defendant, Doc. No. #13 . The Plaintiff's opposition is due by August 15. Finally, the Defendant has filed a Motion to Strike, Doc. No. #15 . The Plaintiff's opposition is due by August 10. If the Defendant wishes to file a reply, it is due by August 15 and is limited to five pages. (Belmont, Kellyann) |
| Filing 18 AFFIDAVIT in Support describing public TV comments to Fitchburg Democratic Chair relating to forthcoming court date. (Walsh, Michael) |
| Filing 17 MEMORANDUM in Opposition re #6 MOTION for Temporary Restraining Order Renewed with Affidavit filed by Maura Healey. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Hornstine, Adam) |
| Filing 16 MEMORANDUM in Support re #15 MOTION to Strike #6 MOTION for Temporary Restraining Order Renewed with Affidavit filed by Maura Healey. (Hornstine, Adam) |
| Filing 15 MOTION to Strike #6 MOTION for Temporary Restraining Order Renewed with Affidavit by Maura Healey.(Hornstine, Adam) |
| Filing 14 MEMORANDUM in Support re #13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Maura Healey. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hornstine, Adam) |
| Filing 13 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 8/15/2022) by Maura Healey.(Hornstine, Adam) |
| Filing 12 NOTICE of Appearance by Jesse M. Boodoo on behalf of Maura Healey (Boodoo, Jesse) |
| Filing 11 NOTICE by Dean Tran of completed service in compliance with Court's order (Walsh, Michael) |
| Filing 10 NOTICE of Appearance by Anne L. Sterman on behalf of Maura Healey (Sterman, Anne) |
| Filing 9 NOTICE of Appearance by Adam J. Hornstine on behalf of Maura Healey (Hornstine, Adam) |
| Filing 8 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Previously, the Court denied without prejudice Trans motion for injunctive relief for failure to comply with Local Rule 7.1(b)(1). Doc. No. 5. Tran has now refiled the Motion with a document labeled as an affidavit signed under the penalties of perjury by Trans campaign manager. Doc. Nos. 6, 6-1. By its own terms, much of the affidavit is candidly not a recitation of facts known to the affiant based upon personal knowledge but rather upon the affiants knowledge accumulated during the campaign as is apparent from a preliminary review of the affidavit. Doc. No. 6-1 at 1; see generally Doc. No. 6-1 (advancing political, legal, and other opinions and speaking, in places, on behalf of more than the affiant). Nonetheless, the Motion facially complies with Rule 7.1(b)(1) by supplying a supporting affidavit. Thus, within one week of completing service on the Defendant, Tran shall file a notice with the Court stating he has completed service. As part of service, Tran shall serve a complete copy of the docket in this case up to and including this electronic order. If Tran has already completed service, prior to filing the aforementioned notice, he shall provide a complete copy of the docket in this case up to and including this electronic order to Defendant or her counsel. Defendant shall respond to the pending motion for injunctive relief fourteen days after Tran files his notice with the Court. (Dore, Samantha) |
| Filing 7 APPENDIX/EXHIBIT re #6 MOTION for Temporary Restraining Order Renewed with Affidavit by Dean Tran. (Walsh, Michael) |
| Filing 6 MOTION for Temporary Restraining Order Renewed with Affidavit by Dean Tran. (Attachments: #1 Affidavit Affidavit)(Walsh, Michael) |
| Filing 5 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re #2 Emergency MOTION for Temporary Restraining Order. Yesterday Dean Tran filed a complaint against Maura Healey, the Attorney General of the Commonwealth of Massachusetts, alleging a number of federal law claims arising out of certain alleged state criminal indictments lodged against Tran as well as a press release issued by Healeys Office. See Doc. No. 1. Tran also filed an Emergency Motion for a Temporary Restraining Order in which he requests a preliminary injunction to enjoin the criminal prosecution against him in Worcester Superior Court until after the conclusion of the election. Doc. No. 2 at 20. He also requests that the Court enjoin Attorney General Healeys office from any further participation in the criminal matter, if it is to continue. Id. Both the Complaint and the Motion rely upon various factual allegations respectively in support of the claims and injunctive relief sought. Yet, the Complaint is not verified. Neither the Complaint nor the Motion are supported by an affidavit establishing any of the facts alleged or described in the two documents. Moreover, Tran has not filed any supporting documentation with the Court. A request for injunctive relief requires evidence of the facts alleged to support the relief sought. The Local Rules of this Court require that [a]ffidavits and other documents setting forth or evidencing facts on which the motion is based shall be filed with the motion. Loc. R. 7.1(b)(1). Thus, the Motion (Doc. No. 2) is DENIED without prejudice to renewal. Any renewed Motion shall comply with the local rule cited herein. (Dore, Samantha) |
| Filing 4 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. (Barrows, Jennifer) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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. (Finn, Mary) |
| Filing 2 Emergency MOTION for Temporary Restraining Order by Dean Tran.(Walsh, Michael) |
| Filing 1 COMPLAINT against Maura Healey Filing fee: $ 402, receipt number AMADC-9428945 (Fee Status: Filing Fee paid), filed by Dean Tran. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Civil Cover Sheet Category Sheet)(Walsh, Michael) |
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| Plaintiff: Dean Tran | |
| Represented By: | Michael C. Walsh |
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| Defendant: Maura Healey | |
| Represented By: | Adam J. Hornstine |
| Represented By: | Anne L. Sterman |
| Represented By: | Jesse M. Boodoo |
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