Cushing et al v. NH House of Representatives, Speaker of the House
| Diane Langley, Charlotte DiLorenzo, Robert R. Cushing, Katherine Rogers, Kendall Snow, Paul Berch, New Hampshire Democratic Party, David Cote and NH Democratic Party |
| New Hampshire House of Representatives, Speaker and NH House of Representatives, Speaker of the House |
| 1:2021cv00147 |
| February 15, 2021 |
| US District Court for the District of New Hampshire |
| Landya B McCafferty |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| None |
Docket Report
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Filing 35
ORDER. In light of the Speaker's representations that he intends to seek review of the First Circuit's opinion, this court cancels the April 14 status conference. The court will reschedule the status conference as soon as the First Circuit issues the mandate for its opinion vacating this court's denial of plaintiffs' motion for a temporary restraining order or preliminary injunction. So Ordered by Chief Judge Landya B. McCafferty.(de)
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Filing 34
OBJECTION to #33 Emergency MOTION for Hearing /Status Conference filed by NH House of Representatives, Speaker of the House. Follow up on Reply on 4/20/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Garland, Samuel)
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Filing 33
Emergency MOTION for Hearing /Status Conference filed by Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine Rogers, Kendall Snow. HEARING REQUESTED.Follow up on Objection on 4/23/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit A-First Circuit Opinion and Judgment)(Christie, William)
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Filing 32
USCA JUDGMENT as to #27 Notice of Appeal filed by Charlotte DiLorenzo, Robert R. Cushing, David Cote, Katherine Rogers, NH Democratic Party, Diane Langley, Kendall Snow, Paul Berch. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The district court's denial of the preliminary injunction is vacated, and the matter is remanded to the district court for further proceedings consistent with the opinion issued this day.(js)
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Filing 31
OPINION of USCA as to #27 Notice of Appeal filed by Charlotte DiLorenzo, Robert R. Cushing, David Cote, Katherine Rogers, NH Democratic Party, Diane Langley, Kendall Snow, Paul Berch. We therefore vacate the order of the district court and remand to the district court with instructions to consider plaintiffs' substantive claims. The district court should also determine whether -- and to what extent -- changing circumstances may moot the plaintiffs' claims. (js)
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NOTICE of Hearing. Status Conference set for 4/14/2021 at 01:30 PM Via Video Conference before Chief Judge Landya B. McCafferty.(de)
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Filing 30
TRANSCRIPT of Proceedings for EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION held on February 19, 2021. Court of Appeals Docket Number 21-01177. Court Reporter: Molly Belshaw, Telephone # 800 600-1000. 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 3/29/2021. Redacted Transcript Follow Up 4/8/2021. Release of Transcript Restriction set for 6/3/2021.(js)
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Appellate Case Number: First Circuit Court of Appeals #21-1177 re #27 Notice of Appeal filed by Charlotte DiLorenzo, Robert R. Cushing, David Cote, Katherine Rogers, NH Democratic Party, Diane Langley, Kendall Snow, Paul Berch.(js)
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Filing 29
Clerk's Certificate transmitting Record on Appeal to US Court of Appeals documents numbered 26-29, re #27 Notice of Appeal. A copy of the Notice of Appeal mailed to all parties this date.(js)
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Filing 28
Appeal Cover Sheet as to #27 Notice of Appeal filed by Charlotte DiLorenzo, Robert R. Cushing, David Cote, Katherine Rogers, NH Democratic Party, Diane Langley, Kendall Snow, Paul Berch. (js)
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Filing 27
NOTICE OF APPEAL as to #26 Order on Motion for Temporary Restraining Order, Order on Motion for Preliminary Injunction by Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine Rogers, Kendall Snow.( Filing fee $ 505, receipt number ANHDC-2087250.) [NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the Forms & Notices section of the First Circuit website at www.ca1.uscourts.gov, MUST be completed and submitted to the U.S. Court of Appeals for the First Circuit.]NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf (Piedra, Israel)
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Filing 26
ORDER denying #2 Motion for Temporary Restraining Order or Preliminary Injunction. So Ordered by Chief Judge Landya B. McCafferty. (gla)
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Filing 25
Request for Findings of Fact and Rulings of Law by Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine Rogers. (Piedra, Israel)
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Filing 24
Defendant's Proposed Findings of Fact and Rulings of Law by NH House of Representatives, Speaker of the House(Ramsey, Jennifer)
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Filing 23
BRIEF/MEMORANDUM by Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine Rogers, Kendall Snow(Piedra, Israel)
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Filing 22
BRIEF/MEMORANDUM by NH House of Representatives, Speaker of the House (Attachments: #1 Exhibit Harwood PACER Docket)(Garland, Samuel)
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Filing 21
Pretrial Statement filed by NH House of Representatives, Speaker of the House. (Galdieri (NHAG), Anthony)
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Filing 20
REPLY to Objection to Motion re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine Rogers, Kendall Snow. Surreply due by 2/24/2021. (Piedra, Israel)
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Filing 19
Pretrial Statement Joint Statement of Disputed/Undisputed Facts filed by All Defendants. (Ramsey, Jennifer)
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Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. MOTION HEARING held VIA VIDEO CONFERENCE on 2/19/2021 re #2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction. Witnesses Appearing: Karen Ebel; Paul Smith. Parties may file one last briefing, no longer than 15 pages, by midnight Saturday 2/20/21. (Court Reporter: Molly Belshaw) (Pltfs Atty: Paul J. Twomey; Israel Francisco Piedra; Suzanne Amy Spencer) (Defts Atty: Anthony Galdieri, James S. Cianci; Jennifer Ramsey)(Total Hearing Time: 3 hours) (js)
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ENDORSED ORDER. Text of Order: On today's date, the court held a video hearing in this case. Attorneys Paul Twomey and Israel Piedra appeared for the individual plaintiffs and Attorney Amy Spencer appeared for plaintiff N.H. Democratic Party. Attorneys James Cianci, Jennifer Ramsey and Anthony Galdieri appeared for defendant N.H. House of Representatives, Speaker of the House. Parties shall each file an additional brief addressing the impact of legislative immunity on plaintiffs' claims. Those briefs shall be filed by midnight on Saturday February 20, 2021 and shall not exceed fifteen pages in length. So Ordered by Chief Judge Landya B. McCafferty.(js)
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Filing 18
Final Witness List for February 19, 2021 Hearing by NH House of Representatives, Speaker of the House. (Ramsey, Jennifer)
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Filing 17
OBJECTION to #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by NH House of Representatives, Speaker of the House. Follow up on Reply on 2/25/2021. 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) Declaration of Paul Smith, #3 Exhibit A to Paul Smith Declaration - 2020 Mason's Manual of Legislative Procedure, #4 Exhibit B to Paul Smith Declaration - House Journal No. 1, #5 Exhibit C to Paul Smith Declaration - House Journal No. 2, #6 Exhibit (Affidavit) Declaration of Aaron Goulette, #7 Exhibit 1 to Goulette Declaration - House Calendar No 1., #8 Exhibit 2 to Goulette Declaration - House Journal No. 1, #9 Exhibit 3 to Goulette Declaration - Dec. 16 Meeting Minutes, #10 Exhibit 4 to Goulette Declaration - House Journal No. 2, #11 Exhibit 5 to Goulette Declaration - Clerk of House Memo)(Galdieri (NHAG), Anthony)
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Filing 16
Joint Assented to MOTION to Extend Time to Submit Proposed Findings of Fact and Rulings of Law filed by NH House of Representatives, Speaker of the House.(Galdieri (NHAG), Anthony)
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Filing 15
Joint Assented to MOTION to Extend Time to Submit Witness and Exhibit Lists filed by NH House of Representatives, Speaker of the House.(Galdieri (NHAG), Anthony)
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Filing 14
PUBLIC ACCESS FINDINGS. So Ordered by Chief Judge Landya B. McCafferty.(js)
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ENDORSED ORDER RE #17 Objection to Motion. Text of Order: In his response (doc. no. 17), defendant raises the defense of legislative immunity. See, e.g., Nat'l Ass'n of Social Workers v. Harwood, 69 F.3d 622, 629-35 (1st Cir. 1995). Plaintiffs may file a written response addressing this defense. If plaintiffs elect to do so, their response must be filed no later than 8:00 a.m. on February 19, 2021. The response may not exceed ten pages in length. So Ordered by Chief Judge Landya B. McCafferty. (js)
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ENDORSED ORDER granting #15 Motion to Extend Time to Submit Witness and Exhibit Lists; granting #16 Motion to Extend Time to Submit Proposed Findings of Fact and Rulings of Law. Text of Order: Document numbers 15 and 16 are granted. So Ordered by Chief Judge Landya B. McCafferty. (gla) Modified on 2/18/2021 to correct doc. 15 motion text to read Motion to Extend Time to Submit Witness and Exhibit Lists. (gla).
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Filing 13
PROCEDURAL ORDER. A hearing shall occur via video on February 19, 2021, at 10:30 a.m. Parties shall jointly file a statement of undisputed facts and disputed facts by midnight on 2/18/21. Parties shall separately file proposed findings of fact and rulings of law by midnight on 2/18/21. Parties shall file exhibit lists and, if applicable, witness lists by 5:00 p.m. on 2/18/21. So Ordered by Chief Judge Landya B. McCafferty. (gla)
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Filing 12
WAIVER OF SERVICE Returned Executed as to NH House of Representatives, Speaker of the House by NH House of Representatives, Speaker of the House. Served/Mailed on 2/17/2021. Answer Follow Up on 4/21/2021. 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)
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Filing 11
NOTICE of Attorney Appearance by James S. Cianci on behalf of NH House of Representatives, Speaker of the House Attorney James S. Cianci added to party NH House of Representatives, Speaker of the House(pty:dft).(Cianci, James)
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Filing 10
NOTICE of Attorney Appearance by Jennifer Ramsey on behalf of NH House of Representatives, Speaker of the House Attorney Jennifer Ramsey added to party NH House of Representatives, Speaker of the House(pty:dft).(Ramsey, Jennifer)
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Filing 9
NOTICE of Attorney Appearance by Samuel R. V. Garland on behalf of NH House of Representatives, Speaker of the House Attorney Samuel R. V. Garland added to party NH House of Representatives, Speaker of the House(pty:dft).(Garland, Samuel)
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Filing 8
NOTICE of Attorney Appearance by Daniel E. Will on behalf of NH House of Representatives, Speaker of the House Attorney Daniel E. Will added to party NH House of Representatives, Speaker of the House(pty:dft).(Will, Daniel)
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Filing 7
NOTICE of Attorney Appearance by Anthony Galdieri (NHAG) on behalf of NH House of Representatives, Speaker of the House Attorney Anthony Galdieri (NHAG) added to party NH House of Representatives, Speaker of the House(pty:dft).(Galdieri (NHAG), Anthony)
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Filing 6
Summons and Waiver issued electronically as to NH House of Representatives, Speaker of the House. NOTICE: Counsel shall print and serve the summons and waiver) and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF) (ed)
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Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. STATUS CONFERENCE held on 2/17/2021. Order to issue. (Court Reporter: Brenda Hancock) (Pltfs Atty: Paul J. Twomey; Israel Francisco Piedra; Suzanne Amy Spencer) (Defts Atty: Anthony Galdieri, James S. Cianci; Samuel Garland)(Total Hearing Time: 25 minutes) (js)
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Filing 5
NOTICE of Attorney Appearance by Suzanne Amy Spencer on behalf of NH Democratic Party Attorney Suzanne Amy Spencer added to party NH Democratic Party(pty:pla).(Spencer, Suzanne)
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Filing 4
NOTICE of Attorney Appearance by William E. Christie on behalf of NH Democratic Party (Christie, William)
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Filing 3
Addendum/ to #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Proposed Order by Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, NH Democratic Party, Katherine Rogers, Kendall Snow. (Piedra, Israel)
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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)
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ENDORSED ORDER RE #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Text of Order: A hearing on Plaintiffs' emergency motion for injunctive relief shall occur on Friday, February 19, 2021, at 10:30 am. On or before February 18, 2021, at 5:00 pm, Defendant shall file a response to the motion. A status conference via video is scheduled for February 17, 2021, at 4:00 pm. Public access to the status conference shall be via telephone. So Ordered by Chief Judge Landya B. McCafferty.(js)
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NOTICE of Hearing. Status Conference set VIA VIDEO CONFERENCE for 2/17/2021 04:00 PM before Chief Judge Landya B. McCafferty.(js)
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NOTICE re: #2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction Motion Hearing set for 2/19/2021 10:30 AM before Chief Judge Landya B. McCafferty.(js)
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Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 21-cv-147-LM. Please show this number with the judge designation on all future pleadings. (ed)
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Filing 2
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction filed by Paul Berch, David Cote, Robert R. Cushing, Charlotte DiLorenzo, Diane Langley, New Hampshire Democratic Party, Katherine Rogers, Kendall Snow. HEARING REQUESTED.Follow up on Objection on 3/1/2021. 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) Cushing Declaration, #3 Exhibit (Affidavit) Berch Declaration, #4 Exhibit (Affidavit) Cote Declaration, #5 Exhibit (Affidavit) DiLorenzo Declaration, #6 Exhibit (Affidavit) Ebel Declaration, #7 Exhibit (Affidavit) Langley Declaration, #8 Exhibit (Affidavit) Rogers Declaration, #9 Exhibit (Affidavit) Snow Declaration)(Piedra, Israel)
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Filing 1
NEW CASE/ COMPLAINT Filing fee $ 402, receipt number ANHDC-2081216 filed by Diane Langley, Katherine Rogers, Charlotte DiLorenzo, David Cote, New Hampshire Democratic Party, Robert R. Cushing, Kendall Snow, Paul Berch. (Attachments: #1 Appendix A - Requests of Plaintiffs for Accommodation, #2 Appendix B - List of Accommodation Requests by Non-Plaintiff Members, #3 Appendix C - Hybrid Model for Legislative Session, #4 Appendix D - NCLS Memo re 2021 Remote Participation, #5 Appendix E - NCLS Memo re Practical Considerations, #6 Appendix F - Feb. 9, 2021 Letter from Cushing to Speaker, #7 Appendix G - Feb. 12, 2021 Response Letter from Speaker, #8 Appendix H - Feb. 13, 2021 Memo re remote option for session, #9 Civil Cover Sheet, #10 Summons - Waiver)(Piedra, Israel) (Additional attachment(s) added on 2/16/2021: #11 Complaint Corrected Signature Blocks, #12 Notice of Lawsuit) (ed).
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