NH Lottery Commission v. US Attorney General et al
| NH Lottery Commission |
| US Attorney General and US Department of Justice |
| The Coalition to Stop Internet Gambling, State of New Jersey, The National Association of Convenience Stores, Commonwealth of Pennsylvania, acting by and through, Department of Revenue, Secretary C. Daniel Hassell, and Bureau of Lottery, iDevelopment and Economic Association and Michigan Bureau of State Lottery |
| USA |
| Pollard Banknote Limited and NeoPollard Interactive LLC |
| 1:2019cv00163 |
| February 15, 2019 |
| US District Court for the District of New Hampshire |
| Paul J Barbadoro |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on June 3, 2019. A more recent docket listing may be available from PACER.
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Filing 64
ORDER denying in part and taking under advisement in part #45 Motion to Dismiss for Failure to State a Claim; taking under advisement #2 Motion for Summary Judgment; taking under advisement #10 Motion for Summary Judgment. So Ordered by Judge Paul J. Barbadoro.(js)
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| Minute Entry for proceedings held before Judge Paul J. Barbadoro. MOTION HEARING held on 4/11/2019 re #45 MOTION to Dismiss for Failure to State a Claim and lack of jurisdiction, #10 MOTION for Summary Judgment, #2 MOTION for Summary Judgment. Plaintiff to file supplemental memorandum within 7 days; defendant to file supplemental memorandum within 14 days; any party may file a reply brief to defendant's filing within 7 days. (Court Reporter: Liza Dubois (AM); Brenda Hancock (PM)) (Pltfs Atty: Anthony Galdieri; Consolidated Plaintiff: Matthew D. McGill; Amici: Alain J. Ifrah; Thomas R. Valen; Mark G. Sands) (Defts Atty: Steven A. Myers; Amici: David H. Thompson; Joel Alicea)(Total Hearing Time: 4 hours) (js) |
| Filing 63 CERTIFICATE OF SERVICE by NeoPollard Interactive LLC, Pollard Banknote Limited re: #62 Response to Motion, (Delaney, Michael) |
| Filing 62 RESPONSE to Motion re #56 MOTION for Reconsideration re #24 Order on Motion to Intervene, Order,,, (This document replaces document number 55) filed by NeoPollard Interactive LLC, Pollard Banknote Limited. (Delaney, Michael) |
| Filing 61 REPLY to Objection to Motion re #45 MOTION to Dismiss for Failure to State a Claim and lack of jurisdiction filed by US Attorney General, US Department of Justice, US Department of Justice, USA. Surreply due by 4/15/2019. (Attachments: #1 Exhibit Declaration of Steven A. Myers)(Myers, Steven) |
| Filing 60 TRANSCRIPT of Proceedings for Telephone Conference held on April 4, 2019. Court Reporter: Liza W. Dubois, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 4/29/2019. Redacted Transcript Follow Up 5/9/2019. Release of Transcript Restriction set for 7/5/2019.(js) |
| Filing 59 OBJECTION to #56 MOTION for Reconsideration re #24 Order on Motion to Intervene, Order,,, (This document replaces document number 55) filed by US Attorney General, US Department of Justice, US Department of Justice, USA. Follow up on Reply on 4/15/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Myers, Steven) |
| Minute Entry for proceedings held before Judge Paul J. Barbadoro. TELEPHONE CONFERENCE held on 4/4/2019. Discussion regarding schedule for oral argument taking place on 4/11/2019. Court issues oral order converting Rule 12(b)(6) Motion to Rule 56 Motion. (Court Reporter: Liza Dubois)(Total Hearing Time: 25 minutes) (js) |
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ORAL ORDER- Defendants' Rule 12(b)(6) Motion converted to Rule 56 Motion. Government does not need to file an answer. So Ordered by Judge Paul J. Barbadoro.(js)
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| Filing 58 MEMORANDUM re #46 Objection to Motion, #45 MOTION to Dismiss for Failure to State a Claim and lack of jurisdiction filed by NH Lottery Commission. (Galdieri (NHAG), Anthony) |
| Filing 57 REPLY to Objection to Motion re #10 MOTION for Summary Judgment, #45 MOTION to Dismiss for Failure to State a Claim and lack of jurisdiction (Opposition to Motion to Dismiss) filed by NeoPollard Interactive LLC, Pollard Banknote Limited. Surreply due by 4/3/2019. (Attachments: #1 Exhibit (Affidavit) Declaration of Michael A. Delaney, #2 Exhibit 1 to Declaration (5/13/05 Letter from Laura H. Parsky, #3 Exhibit 2 to Declaration (8/23/02 Letter from Michael Chertoff)(Delaney, Michael) |
| Filing 56 MOTION for Reconsideration re #24 Order on Motion to Intervene, Order,,, (This document replaces document number 55) filed by iDevelopment and Economic Association. Follow up on Objection on 4/11/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Ifrah, Alain) |
| Filing 55 REFILED. SEE DOCUMENT 56. Assented to MOTION for Reconsideration re Order on Motion to Intervene,,,, filed by iDevelopment and Economic Association.(Ifrah, Alain) Modified on 3/28/2019 to add: Refiled text (js). |
| Motions terminated: #55 Assented to MOTION for Reconsideration re Order on Motion to Intervene filed by iDevelopment and Economic Association. MOTION REFILED SEE DOCUMENT NO. 56. (js) |
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ENDORSED ORDER denying as moot #3 Rule 57 Motion for Speedy Hearing; denying as moot #11 Rule 57 Motion for Speedy Hearing. Text of Order: The motions are denied as moot in light of the currently scheduled hearing. So Ordered by Judge Paul J. Barbadoro.(js)
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ENDORSED ORDER RE #54 BRIEF/MEMORANDUM by The Coalition to Stop Internet Gambling, The National Association of Convenience Stores. Text of Order: The Coalition to Stop Internet Gambling and The National Association of Convenience Stores shall be permitted to participate in oral argument on any dispositive motion. So Ordered by Judge Paul J. Barbadoro.(js)
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| Filing 54 BRIEF/MEMORANDUM by The Coalition to Stop Internet Gambling, The National Association of Convenience Stores(Tierney, Michael) |
| RESCHEDULING NOTICE of Hearing TO CORRECT DATE FROM 4/2/2019 to 4/4/2019. Telephone Conference set for 4/4/2019 02:00 PM before Judge Paul J. Barbadoro. The court will contact the parties with dial-in instructions.(js) |
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ENDORSED ORDER granting #49 Partially Assented to Motion for Brian W. Barnes to Appear Pro Hac Vice; granting #50 Partially Assented to Motion for Charles J. Cooper to Appear Pro Hac Vice; granting #51 Partially Assented to Motion for David H. Thompson to Appear Pro Hac Vice; granting #52 Partially Assented to Motion for J. Joel Alicea to Appear Pro Hac Vice. Text of Order: Granted on the condition that Brian W. Barnes, Esq.; Charles J. Cooper, Esq.; David H. Thomspon, Esq.; and J. Joel Alicea submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Paul J. Barbadoro. ECF Registration Deadline set for 4/4/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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ENDORSED ORDER granting #53 Motion for Leave to File to Participate as Amici Curiae. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Paul J. Barbadoro.(js)
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ENDORSED ORDER RE #38 BRIEF/MEMORANDUM as Amicus Curiae in Support of Plaintiffs. Text of Order: The State of New Jersey shall be permitted to participate in oral argument on any dispositive motion. So Ordered by Judge Paul J. Barbadoro.(js)
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| NOTICE of Hearing. Telephone Conference set for 4/2/2019 02:00 PM before Judge Paul J. Barbadoro. The court will contact the parties with dial-in instructions.(js) |
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ENDORSED ORDER. Text of Order: The court will hold a telephone conference at 2 PM on April 4, 2019 to discuss the way in which the court will conduct the April 11, 2019 hearing on dispositive motions. So Ordered by Judge Paul J. Barbadoro.(js)
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| Filing 53 Assented to MOTION for Leave to File to Participate as Amici Curiae filed by The Coalition to Stop Internet Gambling, The National Association of Convenience Stores. (Attachments: #1 Memorandum of Law, #2 Proposed Brief for the Coalition to Stop Internet Gambling and the National Association of Convenience Stores as Amici Curiae in Support of Defendants' Dispositive Motions)(Tierney, Michael) |
| Filing 52 Partially Assented to MOTION for J. Joel Alicea to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1789919.) filed by The Coalition to Stop Internet Gambling, The National Association of Convenience Stores. Follow up on Objection on 4/5/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Exh A - J. Joel Alicea)(Tierney, Michael) |
| Filing 51 Partially Assented to MOTION for David H. Thompson to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1789909.) filed by The Coalition to Stop Internet Gambling, The National Association of Convenience Stores. Follow up on Objection on 4/5/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Exh A - David H. Thompson)(Tierney, Michael) |
| Filing 50 Partially Assented to MOTION for Charles J. Cooper to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1789904.) filed by The Coalition to Stop Internet Gambling, The National Association of Convenience Stores. Follow up on Objection on 4/5/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Exh A - Charles J. Cooper)(Tierney, Michael) |
| Filing 49 Partially Assented to MOTION for Brian W. Barnes to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1789899.) filed by The Coalition to Stop Internet Gambling, The National Association of Convenience Stores. Follow up on Objection on 4/5/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Exh A - Brian W. Barnes)(Tierney, Michael) |
| Filing 48 Notice of Amicus Curiae APPEARANCE entered by Michael J. Tierney on behalf of The Coalition to Stop Internet Gambling, The National Association of Convenience Stores Attorney Michael J. Tierney added to party The Coalition to Stop Internet Gambling(pty:am), Attorney Michael J. Tierney added to party The National Association of Convenience Stores(pty:am).(Tierney, Michael) |
| Filing 47 MEMORANDUM re #46 Objection to Motion, #45 MOTION to Dismiss for Failure to State a Claim and lack of jurisdiction filed by US Attorney General, US Department of Justice, US Department of Justice, USA. (Myers, Steven) |
| Filing 46 OBJECTION to #10 MOTION for Summary Judgment, #2 MOTION for Summary Judgment filed by US Attorney General, US Department of Justice, US Department of Justice, USA. Follow up on Reply on 3/29/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Myers, Steven) |
| Filing 45 MOTION to Dismiss for Failure to State a Claim and lack of jurisdiction filed by US Attorney General, US Department of Justice, US Department of Justice, USA. Follow up on Objection on 4/5/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Myers, Steven) |
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ENDORSED ORDER granting #41 Partially Assented to MOTION for Thomas R. Valen to Appear Pro Hac Vice. Text of Order: Granted on the condition that Thomas R. Valen, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 3/25/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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ENDORSED ORDER granting #42 Partially Assented to MOTION for Lawrence S. Lustberg to Appear Pro Hac Vice. Text of Order: Granted on the condition that Lawrence S. Lustberg, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 3/25/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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ENDORSED ORDER granting #44 Partially Assented to MOTION for Meghal J. Shah to Appear Pro Hac Vice. Text of Order: Granted on the condition that Meghal J. Shah, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 3/25/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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ENDORSED ORDER granting #43 Partially Assented to MOTION for Avram D. Frey to Appear Pro Hac Vice. Text of Order: Granted on the condition that Avram D. Frey, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 3/25/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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| Filing 44 Partially Assented to MOTION for Meghal J. Shah to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1784856.) filed by State of New Jersey. Follow up on Objection on 3/27/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Woolf, Gillian) |
| Filing 43 Partially Assented to MOTION for Avram D. Frey to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1784854.) filed by State of New Jersey. Follow up on Objection on 3/27/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Woolf, Gillian) |
| Filing 42 Partially Assented to MOTION for Lawrence S. Lustberg to Appear Pro Hac Vice Lawrence S. Lustberg (Filing fee $ 100, Receipt # 0102-1784844.) filed by State of New Jersey. Follow up on Objection on 3/27/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Woolf, Gillian) |
| Filing 41 Partially Assented to MOTION for Thomas R. Valen to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1784820.) filed by State of New Jersey. Follow up on Objection on 3/27/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Woolf, Gillian) |
| Filing 40 BRIEF/MEMORANDUM as Amicus Curiae in Support of Plaintiffs by Commonwealth of Pennsylvania, acting by and through, Department of Revenue, Secretary C. Daniel Hassell, and Bureau of Lottery(Queenan, Patrick) |
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ENDORSED ORDER RE #37 Brief (of Amicus Michigan Bureau of State Lottery in Support of Plaintiffs' Motions for Summary Judgment). Text of Order: The Michigan Bureau of State Lottery shall be permitted to participate in oral argument on any dispositive motion. So Ordered by Judge Paul J. Barbadoro.(js)
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| Filing 39 Notice of Amicus Curiae APPEARANCE entered by Robert R. Lucic on behalf of Commonwealth of Pennsylvania, acting by and through, Department of Revenue, Secretary C. Daniel Hassell, and Bureau of Lottery Attorney Robert R. Lucic added to party Commonwealth of Pennsylvania, acting by and through, Department of Revenue, Secretary C. Daniel Hassell, and Bureau of Lottery(pty:am).(Lucic, Robert) |
| Filing 38 BRIEF/MEMORANDUM as Amicus Curiae in Support of Plaintiffs by State of New Jersey(Woolf, Gillian) |
| Filing 37 BRIEF/MEMORANDUM (of Amicus Michigan Bureau of State Lottery in Support of Plaintiffs' Motions for Summary Judgment) by Michigan Bureau of State Lottery (Attachments: #1 Exhibit 1-Listing of Supporting States)(Cowan, Peter) |
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ENDORSED ORDER granting #35 Partially Assented to MOTION for Joanna J. Cline to Appear Pro Hac Vice. Text of Order: Granted on the condition that Joanna J. Cline, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 3/21/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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ENDORSED ORDER granting #34 Partially Assented to MOTION for A. Michael Pratt to Appear Pro Hac Vice. Text of Order: Granted on the condition that A. Michael Pratt, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 3/21/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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ENDORSED ORDER granting #36 Partially Assented to MOTION for Christopher B. Chuff to Appear Pro Hac Vice. Text of Order: Granted on the condition that Christopher B. Chuff, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 3/21/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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ENDORSED ORDER granting #29 Partially Assented to MOTION for Mark G. Sands to Appear Pro Hac Vice. Text of Order: Granted on the condition that Mark G. Sands, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Paul J. Barbadoro. ECF Registration Deadline set for 3/19/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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ENDORSED ORDER granting #30 Partially Assented to MOTION for Melinda A. Leonard to Appear Pro Hac Vice. Text of Order: Granted on the condition that Melinda A. Leonard, Esq submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Paul J. Barbadoro. ECF Registration Deadline set for 3/19/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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ENDORSED ORDER granting #31 Partially Assented to MOTION for Donald S. McGehee to Appear Pro Hac Vice. Text of Order: Granted on the condition that Donald S. McGehee, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Paul J. Barbadoro. ECF Registration Deadline set for 3/19/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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ENDORSED ORDER granting #28 Assented to Motion for Leave to File Amicus Curiae Memorandum In Support of Plaintiffs' Motions for Summary Judgment. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Paul J. Barbadoro.(js)
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ENDORSED ORDER granting #25 Assented to Motion for Leave to File Amicus Curiae Brief; granting #26 Assented to Motion to File Amicus Brief. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Paul J. Barbadoro.(js)
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ENDORSED ORDER denying #32 Motion to Intervene. Text of Order: Denied. I deny the motion for substantially the same reasons that caused me to deny the prior motion to intervene. Further, I categorically reject the proposed intervenor's contention that it is entitled to intervene as of right in this case simply because an adverse ruling could affect the lawfulness of its state statutes under certain circumstances. The cases before me do not involve Pennsylvania law, an adverse ruling by this court would not bind the proposed intervenor, and nothing prevents the proposed intervenor from bringing its own action in a court with proper venue to protect its interests. That being said, I will grant the proposed intervenor amicus status with the right to file a supporting brief and present oral argument. I will reassess the issue if changed circumstances warrant a different conclusion. Any amicus brief shall be filed on or before March 13, 2019. So Ordered by Judge Paul J. Barbadoro.(js)
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| Filing 36 Partially Assented to MOTION for Christopher B. Chuff to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1782580.) filed by Commonwealth of Pennsylvania, acting by and through, Department of Revenue, Secretary C. Daniel Hassell, and Bureau of Lottery. Follow up on Objection on 3/25/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Christopher B. Chuff)(Queenan, Patrick) |
| Filing 35 Partially Assented to MOTION for Joanna J. Cline to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1782579.) filed by Commonwealth of Pennsylvania, acting by and through, Department of Revenue, Secretary C. Daniel Hassell, and Bureau of Lottery. Follow up on Objection on 3/25/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Joanna J. Cline)(Queenan, Patrick) |
| Filing 34 Partially Assented to MOTION for A. Michael Pratt to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1782578.) filed by Commonwealth of Pennsylvania, acting by and through, Department of Revenue, Secretary C. Daniel Hassell, and Bureau of Lottery. Follow up on Objection on 3/25/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) A. Michael Pratt)(Queenan, Patrick) |
| Filing 33 BRIEF/MEMORANDUM as Amicus Curiae in Support of Plaintiffs by iDevelopment and Economic Association(Ifrah, Alain) |
| Filing 32 MOTION to Intervene as Plaintiff filed by Commonwealth of Pennsylvania, acting by and through, Department of Revenue, Secretary C. Daniel Hassell, and Bureau of Lottery. Attorney Patrick J. Queenan added to party Commonwealth of Pennsylvania, acting by and through, Department of Revenue, Secretary C. Daniel Hassell, and Bureau of Lottery(pty:intvp). Follow up on Objection on 3/22/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law In Support of Motion to Intervene, #2 Exhibit Proposed Complaint in Intervention, #3 Exhibit Proposed Motion for Summary Judgment, Memorandum ISO, and Declaration)(Queenan, Patrick) |
| Filing 31 Partially Assented to MOTION for Donald S. McGehee to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1782554.) filed by Michigan Bureau of State Lottery. Follow up on Objection on 3/22/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Donald S. McGehee)(Cowan, Peter) |
| Filing 30 Partially Assented to MOTION for Melinda A. Leonard to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1782553.) filed by Michigan Bureau of State Lottery. Follow up on Objection on 3/22/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Melinda A. Leonard)(Cowan, Peter) |
| Filing 29 Partially Assented to MOTION for Mark G. Sands to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1782552.) filed by Michigan Bureau of State Lottery. Follow up on Objection on 3/22/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Mark G. Sands)(Cowan, Peter) |
| Filing 28 Assented to MOTION for Leave to File Amicus Curiae Memorandum In Support of Plaintiffs' Motions for Summary Judgment filed by Michigan Bureau of State Lottery. (Attachments: #1 Memorandum of Law, #2 Exhibit A-[Proposed] Amicus Curiae Memorandum, #3 Attachment to Exhibit A-1 Listing of Supporting States)(Cowan, Peter) |
| Filing 27 Notice of Amicus Curiae APPEARANCE entered by Peter S. Cowan on behalf of Michigan Bureau of State Lottery Attorney Peter S. Cowan added to party Michigan Bureau of State Lottery(pty:am).(Cowan, Peter) |
| Filing 26 Assented to MOTION to File Amicus Brief filed by State of New Jersey.(Woolf, Gillian) |
| Filing 25 Assented to MOTION for Leave to File Amicus Curiae Brief filed by State of New Jersey. Attorney Gillian A. Woolf added to party State of New Jersey(pty:am). (Attachments: #1 Memorandum of Law In Support Of Motion For Leave To Participate As Amicus Curiae, #2 Proposed Order, #3 Exhibit Proposed Brief of Amicus Curiae of The State of New Jersey)(Woolf, Gillian) |
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Filing 24
ORDER denying without prejudice #12 Emergency Motion to Intervene. So Ordered by Judge Paul J. Barbadoro.(js)
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ENDORSED ORDER RE #12 Emergency MOTION to Intervene. Text of Order: Denied. For reasons that I will explain in an order to be issued within the next few days, I intend to deny the motion to intervene but grant the movant amicus status with both the right to submit a memorandum in support of its position and the right to participate in oral argument. I will enter this order without prejudice to the movant's right to seek reconsideration of the order at any time if, because of changed circumstances, the plaintiffs are unable to adequately represent the movant's interests. Any memorandum filed by the movant pursuant to this order shall be filed on or before March 8, 2019. So Ordered by Judge Paul J. Barbadoro.(js)
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ENDORSED ORDER RE #23 Joint Filing Regarding Scheduling. Text of Order: The proposed briefing schedule is approved. The clerk shall set oral argument on all dispositive motions for April 11, 2019 at 10 AM. So Ordered by Judge Paul J. Barbadoro.(js)
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| NOTICE re: #10 MOTION for Summary Judgment, #2 MOTION for Summary Judgment. Motion Hearing on all Dispositive Motions set for 4/11/2019 10:00 AM before Judge Paul J. Barbadoro.(js) |
| Filing 23 Joint Filing Regarding Scheduling by NH Lottery Commission, NeoPollard Interactive LLC, Pollard Banknote Limited (Attachments: #1 Exhibit A - Deputy Attorney General Memorandum)(Delaney, Michael) |
| Filing 22 TRANSCRIPT of Proceedings for In Chambers Telephone Conference held on February 22, 2019. Court Reporter: Brenda K. Hancock, Telephone # 603 225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 3/22/2019. Redacted Transcript Follow Up 4/1/2019. Release of Transcript Restriction set for 5/29/2019.(js) |
| Filing 21 Addendum/ to #17 MOTION for Claude M. Stern to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1776378.) Statement of Concurrence by iDevelopment and Economic Association. (Aspiras, Demetrio) |
| Filing 20 Addendum/ to #16 MOTION for Derek L. Shaffer to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1776376.) Statement of Concurrence by iDevelopment and Economic Association. (Aspiras, Demetrio) |
| Filing 19 Addendum/ to #15 MOTION for Andrew J. Silver to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1776372.) Statement of Concurrence by iDevelopment and Economic Association. (Aspiras, Demetrio) |
| Filing 18 Addendum/ to #14 MOTION for A. Jeff Ifrah to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1776361.) Statement of Concurrence by iDevelopment and Economic Association. (Aspiras, Demetrio) |
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ENDORSED ORDER granting #14 Motion for A. Jeff Ifrah to Appear Pro Hac Vice. Text of Order: Granted on the condition that A. Jeff Ifrah, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 3/8/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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ENDORSED ORDER granting #16 Motion for Derek L. Shaffer to Appear Pro Hac Vice. Text of Order: Granted on the condition that Derek L. Shaffer, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 3/8/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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ENDORSED ORDER granting #15 Motion for Andrew J. Silver to Appear Pro Hac Vice. Text of Order: Granted on the condition that Andrew J. Silver, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 3/8/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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ENDORSED ORDER granting #17 Motion for Claude M. Stern to Appear Pro Hac Vice. Text of Order: Granted on the condition that Claude M. Stern, Esq. submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone. ECF Registration Deadline set for 3/8/2019.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(js)
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| Filing 17 MOTION for Claude M. Stern to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1776378.) filed by iDevelopment and Economic Association. Follow up on Objection on 3/11/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Declaration of Claude M. Stern, #2 Proposed Order)(Aspiras, Demetrio) |
| Filing 16 MOTION for Derek L. Shaffer to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1776376.) filed by iDevelopment and Economic Association. Follow up on Objection on 3/11/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Declaration of Derek L. Shaffer, #2 Proposed Order)(Aspiras, Demetrio) |
| Filing 15 MOTION for Andrew J. Silver to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1776372.) filed by iDevelopment and Economic Association. Follow up on Objection on 3/11/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Declaration of Andrew Silver, #2 Proposed Order)(Aspiras, Demetrio) |
| Filing 14 MOTION for A. Jeff Ifrah to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1776361.) filed by iDevelopment and Economic Association. Follow up on Objection on 3/11/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Declaration of A. Jeff Ifrah, #2 Proposed Order)(Aspiras, Demetrio) |
| Filing 13 Disclosure Statement by iDevelopment and Economic Association disclosing no parent company, no publicly traded company, and no merger agreement. (Aspiras, Demetrio) |
| Filing 12 Emergency MOTION to Intervene as other filed by iDevelopment and Economic Association. Attorney Demetrio F. Aspiras, III added to party iDevelopment and Economic Association(pty:intv). Follow up on Objection on 3/11/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law in support of Motion to Intervene, #2 Exhibit A - Complaint in Intervention)(Aspiras, Demetrio) |
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ENDORSED ORDER RE #12 Emergency MOTION to Intervene. Text of Order: Any party that wishes to respond to the motion shall do so within 7 days. So Ordered by Judge Paul J. Barbadoro.(js)
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| ACTION REQUIRED - NOTICE Nonconforming Document re #14 MOTION for A. Jeff Ifrah to Appear Pro Hac Vice, #15 MOTION for Andrew J. Silver to Appear Pro Hac Vice, #16 MOTION for Derek L. Shaffer to Appear Pro Hac Vice, #17 MOTION for Claude M. Stern to Appear Pro Hac Vice. The documents fail to comply with LR 7.1- No statement of concurrence was included. File statement as addendum using the Other Documents/Addendum event and link filing(s) to document nos. 14, 15, 16, 17. The documents will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1475.Compliance Deadline set for 2/28/2019.(js) |
| Filing 11 MOTION Rule 57 Motion for Speedy Hearing filed by NeoPollard Interactive LLC, Pollard Banknote Limited. HEARING REQUESTED. Follow up on Objection on 3/8/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Proposed Order)(js) |
| Filing 10 MOTION for Summary Judgment filed by NeoPollard Interactive LLC, Pollard Banknote Limited. HEARING REQUESTED. Follow up on Objection on 3/25/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit (Affidavit) - Declaration of Liz Siver, #3 Exhibit (Affidavit) - Declaration of Douglas E. Pollard, #4 Exhibit (Affidavit) - Declaration of Michael A. Delaney, #5 Exhibit 1 to Delaney Decl. (2011 Opinion), #6 Exhibit 2 to Delaney Decl. (2018 Exhibit 2 to Delaney Decl. (2018 Opinion)), #7 Exhibit 3 to Delaney Decl. (Rosenstein Memo.), #8 Exhibit 4 to Delaney Decl. (Senate Hearings), #9 Exhibit 5 to Delaney Decl. (House Hearings))(js) |
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Filing 9
CONSOLIDATION ORDER. 19-cv-163-PB and 19-cv-170-SM are consolidated into one case. 19-cv-170-SM is statistically closed. So Ordered by Judge Paul J. Barbadoro.(js)
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| CASE RELATED NOTICE. As this case is related to 19-cv-170-SM, the court has invited the parties in that case to participate in the telephone conference set for Friday, February 22, 2019 at 11:00 AM.(js) |
| Minute Entry for proceedings held before Judge Paul J. Barbadoro. TELEPHONE CONFERENCE held on 2/22/2019. Case is consolidated with 19-cv-170-SM. Parties to file a joint proposed briefing schedule within 7 days. (Court Reporter: Brenda Hancock) (Pltfs Atty: Francis Charles Fredericks, Anthony Galdieri, Matthew D. McGill, Nicholas F. Casolaro,) (Defts Atty: Steven A Myers, T. David Plourde)(Total Hearing Time: 45 minutes) (js) |
| Filing 8 NOTICE of Attorney Appearance by Steven A Myers on behalf of US Attorney General, US Department of Justice Attorney Steven A Myers added to party US Attorney General(pty:dft), Attorney Steven A Myers added to party US Department of Justice(pty:dft).(Myers, Steven) |
| Filing 7 AFFIDAVIT of Service of Summons as to US Attorney General, US Department of Justice filed by NH Lottery Commission. Served/Mailed on 2/21/2019. Answer Follow Up on 3/14/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Ex A Service on AG, #2 Exhibit Ex B Service on AG in official capacity, #3 Exhibit Ex C Service on US DOJ, #4 Exhibit Ex D Service on US Attorney Office)(Fredericks, Francis) |
| NOTICE of Hearing. Telephone Conference set for 2/22/2019 11:00 AM before Judge Paul J. Barbadoro. The court will initiate the call.(js) |
| Filing 6 Potential CONSOLIDATION Notice. Cases 19-cv-163-PB and 19-cv-170-SM reference each other as related cases and may be consolidated. Objections to Consolidation due 4/1/2019.(ej) |
| Filing 5 Summonses issued electronically as to US Attorney General, US Department of Justice. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(bt) |
| Filing 4 NOTICE of Attorney Appearance by Francis Charles Fredericks on behalf of NH Lottery Commission Attorney Francis Charles Fredericks added to party NH Lottery Commission(pty:pla).(Fredericks, Francis) |
| Filing 3 MOTION Rule 57 Motion for Speedy Hearing filed by NH Lottery Commission. HEARING REQUESTED. Follow up on Objection on 3/1/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Galdieri (NHAG), Anthony) |
| Filing 2 MOTION for Summary Judgment filed by NH Lottery Commission. Follow up on Objection on 3/18/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Motion for Summary Judgment, #2 Exhibit (Affidavit) Declaration of Charles McIntyre, #3 Exhibit (Affidavit) Declaration of Anthony Galdieri, #4 Attachment to Exhibit Exhibit 1 Memorandum Opinion September 20, 2011, #5 Attachment to Exhibit Exhibit 2 Slip Opinion, #6 Attachment to Exhibit Exhibit 3 January 15 2019 US DOJ memorandum)(Galdieri (NHAG), Anthony) |
| Filing 1 NEW CASE/ COMPLAINT (No fee paid, USA or IFP) filed by NH Lottery Commission. (Attachments: #1 Civil Cover Sheet, #2 Summons - William Barr, Attorney General, #3 Summons - US DOJ)(Galdieri (NHAG), Anthony) |
| Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:19-cv-163-PB. Please show this number with the judge designation on all future pleadings. (bt) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (bt) |
| Initial Filing Fee paid: $ 400 (Credit Card), receipt number 14649017443 re: #1 Complaint - New Case. (bt) |
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