Pietrangelo v. Governor, NH, State of et al
| James E. Pietrangelo, II |
| 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 |
| 1:2021cv00124 |
| February 4, 2021 |
| US District Court for the District of New Hampshire |
| Paul J Barbadoro |
| Andrea K Johnstone |
| Civil Rights: Other |
| 42 U.S.C. § 2000 |
| None |
Docket Report
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This docket was last retrieved on April 5, 2021. A more recent docket listing may be available from PACER.
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ENDORSED ORDER granting #25 Motion for Leave to File Supplemental Record. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)
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| 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) |
| 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) |
| Filing 23 Exhibit List by James E. Pietrangelo, II. (js) |
| 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) |
| Filing 22 Final Witness List for Preliminary Injunction Hearing by James E. Pietrangelo, II. (Pietrangelo, James) |
| 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) |
| 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) |
| Filing 20 BRIEF/MEMORANDUM Pl'.s Statement of Disputed Facts by James E. Pietrangelo, II(Pietrangelo, James) |
| Filing 19 NOTICE of Objection by James E. Pietrangelo, II.(Pietrangelo, James) |
| 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) |
| 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) |
| Motions terminated: #16 MOTION for Subpoena for Preliminary Injunction Hearing filed by James E. Pietrangelo, II. Motion not required, subpoenas issued. (js) |
| 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) |
| 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) |
| 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) |
| 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) |
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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)
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ENDORSED ORDER granting #12 Assented to Motion to Exceed Page Limit. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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Filing 8
SCHEDULING ORDER granting #6 Motion to Expedite Hearing. So Ordered by Judge Paul J. Barbadoro.(js)
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| NOTICE of Hearing. Status Conference set VIA VIDEO CONFERENCE for 3/16/2021 02:00 PM before Judge Paul J. Barbadoro.(js) |
| NOTICE re: #2 MOTION for Preliminary Injunction. Motion Hearing set for 3/19/2021 10:00 AM before Judge Paul J. Barbadoro.(js) |
| 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) |
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ENDORSED ORDER granting #7 PRO SE MOTION TO PARTICIPATE IN ELECTRONIC FILING. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)
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| Filing 7 PRO SE MOTION TO PARTICIPATE IN ELECTRONIC FILING filed by James E. Pietrangelo, II.(js) |
| Filing 6 EMERGENCY MOTION to Expedite Scheduling of Hearing on PI Motion filed by James E. Pietrangelo, II. HEARING REQUESTED.(js) |
| 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) |
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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)
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| 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) |
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Filing 4
ORDER denying without prejudice #2 Motion for Temporary Restraining Order and Preliminary Injunction. So Ordered by Judge Paul J. Barbadoro.(js)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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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