Pietrangelo v. Governor, NH, State of et al
Plaintiff: James E. Pietrangelo, II
Defendant: Governor, NH, State of, NH Division of Public Health Services, Director, NH Department of Health and Human Services, Commissioner, Unknown Does and NH Bureau of Infectious Disease Control, Director
Case Number: 1:2021cv00124
Filed: February 4, 2021
Court: US District Court for the District of New Hampshire
Presiding Judge: Paul J Barbadoro
Referring Judge: Andrea K Johnstone
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 2000
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 24, 2021 Opinion or Order ENDORSED ORDER granting #25 Motion for Leave to File Supplemental Record. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)
March 23, 2021 Filing 25 MOTION for Leave to File Supplemental Record filed by James E. Pietrangelo, II.Follow up on Objection on 4/6/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Pietrangelo, James)
March 19, 2021 Filing 24 Exhibit List by Governor, NH, State of, NH Bureau of Infectious Disease Control, Director, NH Department of Health and Human Services, Commissioner, NH Division of Public Health Services, Director. (js)
March 19, 2021 Filing 23 Exhibit List by James E. Pietrangelo, II. (js)
March 19, 2021 Minute Entry for proceedings held before Judge Paul J. Barbadoro. MOTION HEARING held on 3/19/2021 re #2 MOTION for Preliminary Injunction. Witnesses Appearing: Kirsten Joanna Durzy, MPH. Evidence entered. Order to issue. (Court Reporter: Liza Dubois) (Pltf: James Pietrangelo, III (pro se)) (Defts Atty: Daniel E. Will, Laura E.B. Lombardi)(Total Hearing Time: 2 hours 5 minutes) (js)
March 18, 2021 Filing 22 Final Witness List for Preliminary Injunction Hearing by James E. Pietrangelo, II. (Pietrangelo, James)
March 18, 2021 Filing 21 Final Witness List for Preliminary Injunction Hearing by Governor, NH, State of, NH Bureau of Infectious Disease Control, Director, NH Department of Health and Human Services, Commissioner, NH Division of Public Health Services, Director. (Lombardi, Laura)
March 16, 2021 Minute Entry for proceedings held before Judge Paul J. Barbadoro. STATUS CONFERENCE held VIA VIDEO CONFERENCE on 3/16/2021. Discussion with parties regarding 3/19/2021 hearing. (Court Reporter: Brenda Hancock) (Pltf: James Pietrangelo, III (pro se)) (Defts Atty: Daniel E. Will)(Total Hearing Time: 40 minutes) (js)
March 15, 2021 Filing 20 BRIEF/MEMORANDUM Pl'.s Statement of Disputed Facts by James E. Pietrangelo, II(Pietrangelo, James)
March 15, 2021 Filing 19 NOTICE of Objection by James E. Pietrangelo, II.(Pietrangelo, James)
March 15, 2021 Filing 18 Defendants' Statement of Disputed Facts by Governor, NH, State of, NH Bureau of Infectious Disease Control, Director, NH Department of Health and Human Services, Commissioner, NH Division of Public Health Services, Director(Lombardi, Laura)
March 15, 2021 Filing 17 Joint Statement of Undisputed Facts by Governor, NH, State of, NH Bureau of Infectious Disease Control, Director, NH Department of Health and Human Services, Commissioner, NH Division of Public Health Services, Director(Lombardi, Laura)
March 15, 2021 Motions terminated: #16 MOTION for Subpoena for Preliminary Injunction Hearing filed by James E. Pietrangelo, II. Motion not required, subpoenas issued. (js)
March 12, 2021 Filing 16 MOTION for Subpoena for Preliminary Injunction Hearing filed by James E. Pietrangelo, II.Follow up on Objection on 3/26/2021. 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 Subpoena, #2 Exhibit Subpoena)(Pietrangelo, James)
March 8, 2021 Filing 15 REPLY to Objection to Motion re #2 MOTION for Temporary Restraining Order filed by James E. Pietrangelo, II. Surreply due by 3/15/2021. (Attachments: #1 Exhibit (Affidavit) Pietrangelo Declaration, #2 Exhibit Phase 2 Guidelines, #3 Exhibit Pietrangelo Email, #4 Exhibit Governor's Equity Team Report)(Pietrangelo, James)
March 8, 2021 Filing 14 Assented to MOTION Leave to File Brief in Excess of Page Limit filed by James E. Pietrangelo, II. (Attachments: #1 Memorandum of Law Reply to Objection, #2 Exhibit (Affidavit) Pietrangelo Declaration, #3 Exhibit Phase 2 Guidelines, #4 Exhibit Email, #5 Exhibit Governor's Equity Group Report)(Pietrangelo, James)
March 8, 2021 NOTICE of ECF Filing Error re: #14 Assented to MOTION Leave to File Brief in Excess of Page Limit filed by James E. Pietrangelo, II. Filer used the wrong event. Filer should have used Motion for Leave to File. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. (js)
March 8, 2021 Opinion or Order ENDORSED ORDER granting #14 Assented to Motion for Leave to File Brief in Excess of Page Limit. Text of Order: Granted. Within 48 hours plaintiff 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)
March 3, 2021 Opinion or Order ENDORSED ORDER granting #12 Assented to Motion to Exceed Page Limit. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)
March 1, 2021 Filing 13 OBJECTION to #2 MOTION for Temporary Restraining Order filed by Governor, NH, State of, NH Bureau of Infectious Disease Control, Director, NH Department of Health and Human Services, Commissioner, NH Division of Public Health Services, Director. Follow up on Reply on 3/8/2021. 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) Elizabeth A. Talbot, MD, #3 Exhibit A Talbot CV, #4 Exhibit B Excerts from NASEM Report, #5 Exhibit C CDC Interim Playbook, #6 Exhibit (Affidavit) Kirsten Joanna Durzy, MPH, #7 Exhibit A Durzy CV, #8 Exhibit B Allocation Plan Summary, #9 Exhibit C Phase 1b Guidelines, #10 Exhibit D FAQ for Vaccine Equity Allocation)(Lombardi, Laura)
March 1, 2021 Filing 12 Assented to MOTION to Exceed page limit filed by Governor, NH, State of, NH Bureau of Infectious Disease Control, Director, NH Department of Health and Human Services, Commissioner, NH Division of Public Health Services, Director.(Lombardi, Laura)
February 22, 2021 Filing 11 CERTIFICATE OF SERVICE by Governor, NH, State of, NH Bureau of Infectious Disease Control, Director, NH Department of Health and Human Services, Commissioner, NH Division of Public Health Services, Director re: #9 Notice of Attorney Appearance,, (Will, Daniel)
February 22, 2021 Filing 10 NOTICE of Attorney Appearance by Laura E. B. Lombardi on behalf of Governor, NH, State of, NH Bureau of Infectious Disease Control, Director, NH Department of Health and Human Services, Commissioner, NH Division of Public Health Services, Director Attorney Laura E. B. Lombardi added to party Governor, NH, State of(pty:dft), Attorney Laura E. B. Lombardi added to party NH Bureau of Infectious Disease Control, Director(pty:dft), Attorney Laura E. B. Lombardi added to party NH Department of Health and Human Services, Commissioner(pty:dft), Attorney Laura E. B. Lombardi added to party NH Division of Public Health Services, Director(pty:dft).(Lombardi, Laura)
February 22, 2021 Filing 9 NOTICE of Attorney Appearance by Daniel E. Will on behalf of Governor, NH, State of, NH Bureau of Infectious Disease Control, Director, NH Department of Health and Human Services, Commissioner, NH Division of Public Health Services, Director Attorney Daniel E. Will added to party Governor, NH, State of(pty:dft), Attorney Daniel E. Will added to party NH Bureau of Infectious Disease Control, Director(pty:dft), Attorney Daniel E. Will added to party NH Department of Health and Human Services, Commissioner(pty:dft), Attorney Daniel E. Will added to party NH Division of Public Health Services, Director(pty:dft).(Will, Daniel)
February 17, 2021 Opinion or Order Filing 8 SCHEDULING ORDER granting #6 Motion to Expedite Hearing. So Ordered by Judge Paul J. Barbadoro.(js)
February 17, 2021 NOTICE of Hearing. Status Conference set VIA VIDEO CONFERENCE for 3/16/2021 02:00 PM before Judge Paul J. Barbadoro.(js)
February 17, 2021 NOTICE re: #2 MOTION for Preliminary Injunction. Motion Hearing set for 3/19/2021 10:00 AM before Judge Paul J. Barbadoro.(js)
February 16, 2021 Minute Entry for proceedings held before Judge Paul J. Barbadoro. MOTION HEARING held on 2/16/2021 re #6 MOTION to Expedite Scheduling of Hearing on PI Motion. Order to issue. (Court Reporter: Liza Dubois) (Pltff: James Pietrangelo, III (pro se)) (Defts Atty: Daniel Will)(Total Hearing Time: 1 hour 15 minutes) (js)
February 11, 2021 Opinion or Order ENDORSED ORDER granting #7 PRO SE MOTION TO PARTICIPATE IN ELECTRONIC FILING. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)
February 9, 2021 Filing 7 PRO SE MOTION TO PARTICIPATE IN ELECTRONIC FILING filed by James E. Pietrangelo, II.(js)
February 9, 2021 Filing 6 EMERGENCY MOTION to Expedite Scheduling of Hearing on PI Motion filed by James E. Pietrangelo, II. HEARING REQUESTED.(js)
February 9, 2021 Filing 5 MOTION for Reconsideration re #4 Order on Motion for Temporary Restraining Order filed by James E. Pietrangelo, II. Follow up on Objection on 2/23/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(js)
February 9, 2021 Opinion or Order ENDORSED ORDER denying #5 Motion for Reconsideration Re: #4 Order on Motion for Temporary Restraining Order. Text of Order: Motion Denied. So Ordered by Judge Paul J. Barbadoro.(js)
February 9, 2021 NOTICE re: #6 EMERGENCY MOTION to Expedite Scheduling of Hearing on PI Motion. Motion Hearing set VIA VIDEO CONFERENCE for 2/16/2021 03:00 PM before Judge Paul J. Barbadoro.(js)
February 5, 2021 Opinion or Order Filing 4 ORDER denying without prejudice #2 Motion for Temporary Restraining Order and Preliminary Injunction. So Ordered by Judge Paul J. Barbadoro.(js)
February 4, 2021 Filing 3 Notice of Lawsuit/Waiver issued by mail as to Governor, NH, State of, NH Bureau of Infectious Disease Control, Director, NH Department of Health and Human Services, Commissioner. Counsel shall serve all documents in accordance with Fed. R. Civ. P. 4. NOTICE: Counsel shall print and serve the notice/waiver and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF) (ed)
February 4, 2021 Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by James E. Pietrangelo, II. (Attachments: #1 Proposed Order, #2 Cover Page and Table of Contents, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Envelope) (ed)
February 4, 2021 Filing 1 COMPLAINT against Governor, NH, State of, NH Bureau of Infectious Disease Control, Director, NH Department of Health and Human Services, Commissioner, NH Division of Public Health Services, Director, Unknown Does (Filing fee $ 402 receipt number 14649020147) filed by James E. Pietrangelo, II. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Civil Cover Sheet, #8 Notice of Lawsuit - Waivers, #9 Envelope) (ed)
February 4, 2021 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. (ed)
February 4, 2021 Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:21-cv-124-PB. Please show this number with the judge designation on all future pleadings. (ed)

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Defendant: Governor, NH, State of
Represented By: Daniel E. Will
Represented By: Laura E. B. Lombardi
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Defendant: NH Division of Public Health Services, Director
Represented By: Daniel E. Will
Represented By: Laura E. B. Lombardi
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Defendant: NH Department of Health and Human Services, Commissioner
Represented By: Daniel E. Will
Represented By: Laura E. B. Lombardi
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Defendant: Unknown Does
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Defendant: NH Bureau of Infectious Disease Control, Director
Represented By: Daniel E. Will
Represented By: Laura E. B. Lombardi
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Plaintiff: James E. Pietrangelo, II
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