Case: Smith v. Aroostook County

U. S. Court of Appeals for the First Circuit

American Civil Liberties Union

COMPLAINT with Jury Demand against AROOSTOOK COUNTY, SHAWN D GILLEN PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by BRENDA SMITH. (Service of Process Deadline 12/5/2018) Fee due by 9/10/2018.(mjlt) Modified on 9/17/2018 to reflect a jury is demanded (mjlt). (Entered: 09/06/2018)

CIVIL COVER SHEET. (mjlt) (Entered: 09/06/2018)

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by BRENDA SMITH (Attachments: # 1 Exhibit A- Declaration of Jonathan C. Fellers, MD filed in 1:18-CV-288-NT, # 2 Exhibit B- Declaration of Brenda Smith, # 3 Exhibit C- Defendant Gillen's Memorandum in Opposition to Plaintiff's Motion For Preliminary Injunction filed in 1:18-CV-288-NT, # 4 Exhibit D- Declaration of David Conner, MD filed in 1:18-CV-288-NT)(mjlt) (Entered: 09/06/2018)

1 Exhibit A- Declaration of Jonathan C. Fellers, MD filed in 1:18-CV-288-NT

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2 Exhibit B- Declaration of Brenda Smith

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3 Exhibit C- Defendant Gillen's Memorandum in Opposition to Plaintiff's

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4 Exhibit D- Declaration of David Conner, MD filed in 1:18-CV-288-NT

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WITHDRAWAL of : 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by BRENDA SMITH . (MANCUSO, PETER) (Entered: 09/06/2018)

Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1896582.), filed by BRENDA SMITH.(MANCUSO, PETER)

Summons Issued as to AROOSTOOK COUNTY, SHAWN D GILLEN. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Shawn D. Gillen summons)(bfa) (Entered: 09/18/2018)

1 Shawn D. Gillen summons

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ANSWER to 1 Complaint,, by AROOSTOOK COUNTY, SHAWN D GILLEN.(MARCHESI, PETER) (Entered: 09/28/2018)

SCHEDULING ORDER: Discovery due by 2/15/2019. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 2/22/2019. Motions due by 3/8/2019. Ready for Trial on 5/7/2019. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 10/01/2018)

NOTICE of Appearance by EMMA EATON BOND on behalf of BRENDA SMITH (BOND, EMMA) (Entered: 11/05/2018)

MOTION for Preliminary Injunction by BRENDA SMITH Responses due by 11/26/2018. (Attachments: # 1 Attachment A - Smith Affidavit, # 2 Attachment B - Fellers Affidavit, # 3 Exhibit 1 to Attachment B - Fellers CV, # 4 Attachment C - Hayes Affidavit, # 5 Exhibit 1 to Attachment C - Hayes Resume, # 6 Exhibit 2 to Attachment C - Protocols, # 7 Exhibit 3 to Attachment C - Dispensing Protocol, # 8 Exhibit 4 to Attachment C - SAMHSA, # 9 Exhibit 5 to Attachment C - lead case planner, # 10 Exhibit 6 to Attachment C - overdose deaths, # 11 Exhibit 7 to Attachment C - drug assays, # 12 Attachment D - MacDonald Affidavit, # 13 Exhibit 1 to Attachment D - MacDonald CV, # 14 Attachment E - ACJ Policies, # 15 Attachment F - Opiate Withdrawal Procedure)(BOND, EMMA) (Entered: 11/05/2018)

1 Attachment A - Smith Affidavit

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2 Attachment B - Fellers Affidavit

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3 Exhibit 1 to Attachment B - Fellers CV

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4 Attachment C - Hayes Affidavit

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5 Exhibit 1 to Attachment C - Hayes Resume

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6 Exhibit 2 to Attachment C - Protocols

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7 Exhibit 3 to Attachment C - Dispensing Protocol

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8 Exhibit 4 to Attachment C - SAMHSA

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9 Exhibit 5 to Attachment C - lead case planner

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10 Exhibit 6 to Attachment C - overdose deaths

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11 Exhibit 7 to Attachment C - drug assays

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12 Attachment D - MacDonald Affidavit

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13 Exhibit 1 to Attachment D - MacDonald CV

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14 Attachment E - ACJ Policies

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15 Attachment F - Opiate Withdrawal Procedure

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RESET Deadlines as to 9 MOTION for Preliminary Injunction Expedited briefing requested by US Chief District Judge Nancy Torresen: Responses due by 11/19/2018. Reply due by 11/26/2018. (slg)

MOTION to Extend Time to File Objection to Motion for Preliminary Injunction by AROOSTOOK COUNTY, SHAWN D GILLEN Responses due by 12/7/2018. (MARCHESI, PETER) (Entered: 11/16/2018)

NOTICE of Hearing on Motion re 10 MOTION to Extend Time to File Objection to Motion for Preliminary Injunction : Telephone Conference set for 11/16/2018 03:00 PM in Judge Torresen's Chambers before JUDGE NANCY TORRESEN. The parties are instructed to call chambers with the number provided once all the parties are on the line.(slg) (Entered: 11/16/2018)

ORDER withdrawing 10 Motion to Extend Time. The Defendants have withdrawn their Motion for Enlargement of Time. Given the complex issues raised in the Plaintiffs Motion for Preliminary Injunction, completing the necessary factual and expert discovery, scheduling and holding the evidentiary hearing, and providing for post-trial briefing before Ms. Smiths January 14, 2019 self-report date would be difficult to accomplish. Accordingly, I DIRECT the parties to consult with the Aroostook County District Attorney and the Plaintiffs defense counsel to see if they can secure an extension of the time that Ms. Smith is required to report. By JUDGE NANCY TORRESEN. (MMB) (Entered: 11/16/2018)

Minute Entry for proceedings held before JUDGE NANCY TORRESEN. Telephone Conference held. (Court Reporter: Lori Dunbar) (mnw) (Entered: 11/19/2018)

RESPONSE in Opposition re 9 MOTION for Preliminary Injunction filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Reply due by 12/3/2018. (Attachments: # 1 Affidavit of Alison Willette, # 2 Exhibit 1 to Willette Affidavit - COWS, # 3 Exhibit 2 to Willette Affidavit - Opiate Withdrawal Protocol, # 4 Affidavit of Craig Clossey, # 5 Exhibit 1 - Policies and Procedures, # 6 Exhibit 2 - Agreement, # 7 Exhibit 3 - COWS, # 8 Exhibit 4 - Opiate Withdrawal Protocol)(MARCHESI, PETER) (Entered: 11/19/2018)

1 Affidavit of Alison Willette

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2 Exhibit 1 to Willette Affidavit - COWS

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3 Exhibit 2 to Willette Affidavit - Opiate Withdrawal Protocol

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4 Affidavit of Craig Clossey

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5 Exhibit 1 - Policies and Procedures

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6 Exhibit 2 - Agreement

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7 Exhibit 3 - COWS

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8 Exhibit 4 - Opiate Withdrawal Protocol

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NOTICE of Appearance by ZACHARY L. HEIDEN on behalf of BRENDA SMITH (HEIDEN, ZACHARY) (Entered: 11/20/2018)

RESET Deadlines as to 9 MOTION for Preliminary Injunction Per Judge Torresen's request for expedited briefing: Reply due by 11/26/2018. (slg)

Consent MOTION for Confidentiality Order and status update on extension of reporting date by BRENDA SMITH Responses due by 12/12/2018. (Attachments: # 1 Attachment A - Draft Confidentiality Order)(BOND, EMMA) (Entered: 11/21/2018)

1 Attachment A - Draft Confidentiality Order

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ADDITIONAL ATTACHMENTS filed by BRENDA SMITH re 16 Motion for Confidentiality Order Corrected Proposed Confidentiality Order.. (BOND, EMMA) (Entered: 11/26/2018)

REPLY to Response to Motion re 9 MOTION for Preliminary Injunction filed by BRENDA SMITH. (BOND, EMMA) (Entered: 11/26/2018)

ORDER granting 16 Motion for Confidentiality Order By JUDGE NANCY TORRESEN. (slg) (Entered: 11/27/2018)

Consent MOTION for Order setting deadlines for preliminary discovery and dates for evidentiary hearing by BRENDA SMITH Responses due by 12/24/2018. (BOND, EMMA) (Entered: 12/03/2018)

ORDER granting 20 Consent Motion for Entry of Scheduling Order By JUDGE NANCY TORRESEN. (MMB) (Entered: 12/04/2018)

NOTICE of Hearing: Telephone Conference re Hearing Prep set for 1/25/2019 at 10:00 AM before JUDGE NANCY TORRESEN. (slg) (Entered: 12/04/2018)

NOTICE of Hearing on Motion 9 MOTION for Preliminary Injunction : Evidentiary Hearing set to begin on 2/11/2019 at 08:30 AM in Portland Courtroom 1 before JUDGE NANCY TORRESEN. The Court has reserved 5 days for this hearing. Schedule to be discussed at the 1/25/2019 teleconference.(slg) (Entered: 12/04/2018)

SET Deadlines Per Order #21: Close of Preliminary Discovery on 1/24/2019. Post-Hearing Briefs due by 2/22/2019. (slg)

NOTICE of Appearance by DAVID SOLEY on behalf of BRENDA SMITH (SOLEY, DAVID) (Entered: 12/10/2018)

NOTICE of Appearance by JAMES G. MONTELEONE on behalf of BRENDA SMITH (MONTELEONE, JAMES) (Entered: 12/12/2018)

MOTION to Amend Scheduling Order (Partially Unopposed) by BRENDA SMITH Responses due by 1/10/2019. (Attachments: # 1 Exhibit Topics for Additional Requests for Admission)(HEIDEN, ZACHARY) (Entered: 12/20/2018)

1 Exhibit Topics for Additional Requests for Admission

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ORDER granting 26 Motion to Amend Scheduling Order By JUDGE NANCY TORRESEN. (MMB) (Entered: 12/21/2018)

NOTICE OF RESCHEDULED HEARING : Telephone Conference re Hearing Prep rescheduled to 1/31/2019 at 2:00 PM before JUDGE NANCY TORRESEN. (mnw) (Entered: 12/21/2018)

Order on Motion to Amend Scheduling Order

RESPONSE to Motion re 26 MOTION to Amend Scheduling Order (Partially Unopposed) filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Reply due by 1/22/2019. (MARCHESI, PETER) (Entered: 01/08/2019)

NOTICE OF HEARING: Please be advised that the conference set for 1/31/2019 at 2:00 PM will now be an in person conference in Judge Torresen's Chambers. (mnw) (Entered: 01/11/2019)

MOTION for Leave to File Amici Curiae Brief in Support of Plaintiff's Motion for Preliminary Injunction by PUBLIC HEALTH SCHOLARS. Responses due by 2/19/2019. (Attachments: # 1 Exhibit Proposed Amici Curiae Brief)(LELAND, BRETT) Modified on 1/29/2019 to correct filer to be Public Health Scholars (mnw). (Entered: 01/29/2019)

1 Exhibit Proposed Amici Curiae Brief

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CERTIFICATION for Admission Pro Hac Vice of Howard R. Sklamberg filed by BRETT R. LELAND on behalf of PUBLIC HEALTH SCHOLARS (Total admission fee $ 100 receipt number 0100-1966453.) (LELAND, BRETT) Modified on 1/29/2019 to correct filer to be Public Health Scholars (mnw). (Entered: 01/29/2019)

CERTIFICATION for Admission Pro Hac Vice of Colette L. McCrone filed by BRETT R. LELAND on behalf of PUBLIC HEALTH SCHOLARS (Total admission fee $ 100 receipt number 0100-1966460.) (LELAND, BRETT) Modified on 1/29/2019 to correct filer to be Public Health Scholars (mnw). (Entered: 01/29/2019)

CERTIFICATION for Admission Pro Hac Vice of Adam W. Axler filed by BRETT R. LELAND on behalf of PUBLIC HEALTH SCHOLARS (Total admission fee $ 100 receipt number 0100-1966464.) (LELAND, BRETT) Modified on 1/29/2019 to correct filer to be Public Health Scholars (mnw). (Entered: 01/29/2019)

NOTICE of Docket Entry Modification regarding 31 MOTION for Leave to File Amici Curiae Brief in Support of Plaintiff's Motion for Preliminary Injunction, 32 Certification for Admission Pro Hac Vice, 33 Certification for Admission Pro Hac Vice and 34 Certification for Admission Pro Hac Vice : Docket entry modified by the Clerk's Office to correct filer to be Public Health Scholars. (mnw) (Entered: 01/29/2019)

MOTION for Leave to File Amici Brief in Support of Plaintiff's Motion for a Preliminary Injunction by MAINE ASSOCIATION OF PSYCHIATRIC PHYSICIANS, MAINE MEDICAL ASSOCIATION, NORTHERN NEW ENGLAND SOCIETY OF ADDICTION MEDICINE Responses due by 2/20/2019. (O'MEARA, RICHARD) (Entered: 01/30/2019)

Minute Entry for proceedings held before JUDGE NANCY TORRESEN: Conference of Counsel held. Set Deadlines: Exhibit and Witness Lists and deposition designations, with the exception of Dr. Conner due by 2/6/2019. Objections to deposition designations and deposition designation of Dr. Conner due by 2/8/2019. Motions in Limine due by 2/6/2019. Responses due by 2/8/19. Post-hearing Briefs due by 2/22/2019. Counsel for the plaintiff orally withdrew jury demand. Ruling reserved on the request to consolidate trial on the merits with the preliminary injunction hearing. (Court Reporter: Dennis Ford) (slg) (Entered: 01/31/2019)

Reset Deadlines as to 31 MOTION for Leave to File Amici Curiae Brief in Support of Plaintiff's Motion for Preliminary Injunction and 36 MOTION for Leave to File Amici Brief in Support of Plaintiff's Motion for a Preliminary Injunction, per Judge Torresen at 1/31/19 conference of counsel: Responses due by 2/22/2019. (slg)

Set Deadlines: Attorney JOEL K. GOLOSKIE shall register for the District of Maine's Electronic Case Filing (ECF) System by 2/7/2019. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. Pro Hac Vice Certificate due from JOEL K. GOLOSKIE by 2/7/2019. The Certification for Admission Pro Hac Vice form can be downloaded from our website at http://www.med.uscourts.gov/forms. (slg)

Witness List by BRENDA SMITH . (SOLEY, DAVID) (Entered: 02/01/2019)

(Document sealed from public view) MOTION to Seal trial exhibit and testimony of childhood trauma by BRENDA SMITH Responses due by 2/25/2019. (BOND, EMMA) (Entered: 02/04/2019)

MOTION in Limine to exclude testimony from James Foss and limit testimony from Shawn Gillen by BRENDA SMITH Responses due by 2/25/2019. (Attachments: # 1 Exhibit A - Defendants' Initial Disclosures, # 2 Exhibit B - Defendants' Interrogatory Responses, # 3 Exhibit C - Amended 30(b)(6) Notice to Defendants)(BOND, EMMA) (Entered: 02/04/2019)

1 Exhibit A - Defendants' Initial Disclosures

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2 Exhibit B - Defendants' Interrogatory Responses

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3 Exhibit C - Amended 30(b)(6) Notice to Defendants

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Witness List by AROOSTOOK COUNTY, SHAWN D GILLEN . (MARCHESI, PETER) (Entered: 02/05/2019)

Reset Deadlines as to 40 MOTION in Limine to exclude testimony from James Foss and limit testimony from Shawn Gillen Per deadlines set by Judge Torresen at 1/31/20/19 Conference of Counsel: Responses due by 2/8/2019. (slg)

MOTION in Limine to exclude Audie Horne and find Dr. Conner and KVHC unavailable under Rule 32(a)(4)(B) by BRENDA SMITH Responses due by 2/27/2019. (BOND, EMMA) (Entered: 02/06/2019)

MOTION in Limine re admission of evidence related to the opiod crisis and Motion in Limine re admission of testimony from Dr. Conner to the extent it constituted expert testimony by AROOSTOOK COUNTY, SHAWN D GILLEN Responses due by 2/27/2019. (MARCHESI, PETER). Added MOTION re admission of testimony from Dr. Conner to the extent it constituted expert testimony on 2/12/2019 (mnw). (Entered: 02/06/2019)

Exhibit List (Jointly Filed) by BRENDA SMITH.. (SOLEY, DAVID) (Entered: 02/06/2019)

DEPOSITION DESIGNATION of Alison Willette and Claudette Humphrey by BRENDA SMITH. (Attachments: # 1 Testimony of Willette o/b/o Aroostook County, # 2 Testimony of Humphrey o/b/o KVHC)(HEIDEN, ZACHARY) (Entered: 02/06/2019)

1 Testimony of Willette o/b/o Aroostook County

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2 Testimony of Humphrey o/b/o KVHC

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DEPOSITION DESIGNATION of Alison Willette by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/06/2019)

MOTION for Order consolidating the preliminary injunction hearing with trial on the merits by BRENDA SMITH Responses due by 2/27/2019. (BOND, EMMA) (Entered: 02/06/2019)

DEPOSITION DESIGNATION (Amended) of Alison Willette by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/07/2019)

DEPOSITION of Alison Willette taken on December 21, 2018 filed by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/07/2019)

Exhibit List (Amended) by AROOSTOOK COUNTY, SHAWN D GILLEN.. (MARCHESI, PETER) (Entered: 02/07/2019)

DEMAND for Trial by Jury by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/07/2019)

ORDER re 47 Motion for Order consolidating the preliminary injunction hearing with trial on the merits. I hereby ORDER that the hearing on the Plaintiff's motion for a preliminary injunction is conditionally consolidated with trial on the merits. The parties should prepare for and proceed during the hearing as they would for a bench trial on the merits. As part of their post-hearing briefs due February 22, 2019, the parties will address whether the Defendants are entitled to a jury trial on the merits in this action. Should the Court determine that the Defendants are entitled to a jury trial, the Court will schedule that proceeding. By JUDGE NANCY TORRESEN. (mnw) (Entered: 02/07/2019)

RESPONSE in Opposition re 47 MOTION for Order consolidating the preliminary injunction hearing with trial on the merits filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Reply due by 2/21/2019. (MARCHESI, PETER) (Entered: 02/07/2019)

Reset Deadlines as to 42 MOTION in Limine to exclude Audie Horne and find Dr. Conner and KVHC unavailable under Rule 32(a)(4)(B) per deadlines set by Judge Torresen at Conference of Counsel held on 1/31/19: Responses due by 2/8/2019. (slg)

Reset Deadlines as to 43 MOTION in Limine Per deadlines set by Judge Torresen at 1/31/19 Conference of Counsel: Responses due by 2/8/2019. (slg)

Exhibit List (Second Amended) by AROOSTOOK COUNTY, SHAWN D GILLEN.. (MARCHESI, PETER) (Entered: 02/08/2019)

RESPONSE in Opposition re 43 MOTION in Limine filed by BRENDA SMITH. Reply due by 2/22/2019. (BOND, EMMA) (Entered: 02/08/2019)

RESPONSE in Opposition re 40 MOTION in Limine to exclude testimony from James Foss and limit testimony from Shawn Gillen filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Reply due by 2/22/2019. (MARCHESI, PETER) (Entered: 02/08/2019)

RESPONSE in Opposition re 42 MOTION in Limine to exclude Audie Horne and find Dr. Conner and KVHC unavailable under Rule 32(a)(4)(B) filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Reply due by 2/22/2019. (Attachments: # 1 Exhibit A - Subpoena to Claudette Humphrey)(MARCHESI, PETER) (Entered: 02/08/2019)

1 Exhibit A - Subpoena to Claudette Humphrey

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OBJECTION to 45 Deposition Designation filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Responses due by 2/22/2019. (MARCHESI, PETER) (Entered: 02/08/2019)

DEPOSITION DESIGNATION (Second Amended) of Kathadin Valley Health Center by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/08/2019)

DEPOSITION of Katahdin Valley Health Center taken on January 30, 2019 filed by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/08/2019)

DEPOSITION DESIGNATION of David Conner by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/08/2019)

DEPOSITION of David Conner taken on February 6, 2019 filed by AROOSTOOK COUNTY, SHAWN D GILLEN. (MARCHESI, PETER) (Entered: 02/08/2019)

SECOND AMENDED DEPOSITION DESIGNATION of David Conner, M.D. by BRENDA SMITH. (Attachments: # 1 Designated Deposition Testimony of Conner)(HEIDEN, ZACHARY) Modified on 2/8/2019 to reflect this is second amended disposition designation (slg). (Entered: 02/08/2019)

1 Designated Deposition Testimony of Conner

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***FILED IN ERROR*** NOTICE of Appearance by JOEL K. GOLOSKIE on behalf of MAINE ASSOCIATION OF PSYCHIATRIC PHYSICIANS, MAINE MEDICAL ASSOCIATION, NORTHERN NEW ENGLAND SOCIETY OF ADDICTION MEDICINE (GOLOSKIE, JOEL) Modified on 2/8/2019 to indicate it was filed in error and was refiled at ECF #66 (slg). (Entered: 02/08/2019)

CERTIFICATION for Admission Pro Hac Vice of Megan Thomson filed by JOEL K. GOLOSKIE on behalf of MAINE ASSOCIATION OF PSYCHIATRIC PHYSICIANS, MAINE MEDICAL ASSOCIATION, NORTHERN NEW ENGLAND SOCIETY OF ADDICTION MEDICINE (Total admission fee $ 100 receipt number 0100-1972833.) (GOLOSKIE, JOEL) (Entered: 02/08/2019)

CERTIFICATION for Admission Pro Hac Vice of JOEL K. GOLOSKIE filed by JOEL K. GOLOSKIE on behalf of MAINE ASSOCIATION OF PSYCHIATRIC PHYSICIANS, MAINE MEDICAL ASSOCIATION, NORTHERN NEW ENGLAND SOCIETY OF ADDICTION MEDICINE (Total admission fee $ 100 receipt number 0100-1972842.) (GOLOSKIE, JOEL) (Entered: 02/08/2019)

OBJECTION to 63 Deposition Designation filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Responses due by 2/22/2019. (MARCHESI, PETER) (Entered: 02/08/2019)

NOTICE of Docket Entry Modification regarding 64 Notice of Appearance. The docket entry was modified by the Clerk's Office to indicate it was filed in error. It was refiled at ECF #66. (slg) (Entered: 02/08/2019)

OBJECTION to 60 Deposition, 59 Deposition Designation of Katahdin Valley Health Center filed by BRENDA SMITH. Responses due by 2/22/2019. (HEIDEN, ZACHARY) (Entered: 02/08/2019)

Third Party MOTION to Quash Subpoena of Witness Claudette Humphrey by CLAUDETTE HUMPHREYS Responses due by 3/1/2019. (Attachments: # 1 Supplement Declaration of Claudette Humphrey w Ex A)(HERZOG, PETER) (Entered: 02/08/2019)

1 Supplement Declaration of Claudette Humphrey w Ex A

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ORDER reserving ruling 70 Motion to Quash. The parties are directed to file any response by midnight on 2/9/19. By JUDGE NANCY TORRESEN. (TORRESEN, NANCY) (Entered: 02/08/2019)

Set Deadlines: Attorney Meagan L Thomson shall register for the District of Maine's Electronic Case Filing (ECF) System by 2/15/2019. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (slg)

Reset Deadlines: Attorney JOEL K. GOLOSKIE shall register for the District of Maine's Electronic Case Filing (ECF) System by 2/15/2019. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (slg)

DEPOSITION DESIGNATION (Supplemental) of Alison Willette by BRENDA SMITH. (Attachments: # 1 Supplemental Designation of Willette)(HEIDEN, ZACHARY) (Entered: 02/09/2019)

1 Supplemental Designation of Willette

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RESPONSE in Opposition re 70 Third Party MOTION to Quash Subpoena of Witness Claudette Humphrey filed by AROOSTOOK COUNTY, SHAWN D GILLEN. Reply due by 2/25/2019. (Attachments: # 1 Exhibit 1 - Letter to Atty Herzog 1/29/19, # 2 Exhibit 2 - Email from Atty Herzog 1/30/19, # 3 Exhibit 3 - Letter to Atty Herzog 2/5/19)(MARCHESI, PETER) (Entered: 02/09/2019)

1 Exhibit 1 - Letter to Atty Herzog 1/29/19

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2 Exhibit 2 - Email from Atty Herzog 1/30/19

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3 Exhibit 3 - Letter to Atty Herzog 2/5/19

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REPLY to Response to Motion re 70 Third Party MOTION to Quash Subpoena of Witness Claudette Humphrey filed by BRENDA SMITH. (BOND, EMMA) (Entered: 02/09/2019)

ORDER granting in part and denying in part 70 Motion to Quash. Ms. Humphrey is not required to appear in Bangor on February 11 or 12, 2019. The Court reserves ruling on whether Ms. Humphrey must appear in Bangor on February 13, 2019 or thereafter. Counsel for all parties and the witness are directed to contact the Court's IT representative for this trial (Robert Guptill) to inquire about creating a video connection for Ms. Humphrey from her office computer. The parties are further directed to coordinate a time for Ms. Humphrey's testimony that will minimize disruption of her schedule. The Court will consider expanding the trial hours to accommodate the witness. The motion for sanctions is denied. By JUDGE NANCY TORRESEN. (TORRESEN, NANCY) (Entered: 02/10/2019)

DEPOSITION DESIGNATION (Plaintiff's Amended Designation) of David Conner, M.D. by BRENDA SMITH. (Attachments: # 1 Exhibit David Conner Deposition with highlighted testimony)(SOLEY, DAVID) (Entered: 02/10/2019)

1 Exhibit David Conner Deposition with highlighted testimony

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MOTION to Amend 54 Exhibit List, Substitute Exhibits, and Admit Certain Exhibits Into Evidence by BRENDA SMITH Responses due by 3/4/2019. (Attachments: # 1 Exhibit Joint Trial Exhibit 17, # 2 Exhibit Joint Trial Exhibit 18)(SOLEY, DAVID). Added MOTION to Substitute Exhibits and MOTION to Admit Certain Exhibits on 2/11/2019 (mnw). (Entered: 02/10/2019)

1 Exhibit Joint Trial Exhibit 17

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2 Exhibit Joint Trial Exhibit 18

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Minute Entry for proceedings held before JUDGE NANCY TORRESEN: Motion Hearing begun re 9 MOTION for Preliminary Injunction filed by BRENDA SMITH. (Court Reporter: Tammy Martell) (slg) (Entered: 02/12/2019)

ORAL ORDER denying 40 Motion in Limine to Exclude Testimony as to James Foss. Ruling reserved as to Shawn Gillen. By JUDGE NANCY TORRESEN. (slg) (Entered: 02/12/2019)

ORAL ORDER finding 42 Motion in Limine moot as to Audie Horne, reserving ruling as to KVHC, and the Court finds Dr. Conner unavailable. By JUDGE NANCY TORRESEN. (slg) (Entered: 02/12/2019)

ORAL ORDER reserving ruling on 43 Motion in Limine as the admission of evidence related to the opioid crisis and overruled as to the admission of testimony from Dr. Conner to the extent it constituted expert testimony. By JUDGE NANCY TORRESEN. (slg) (Entered: 02/12/2019)

ORAL ORDER reserving ruling as to 58 Objection to #45 Deposition Designation. By JUDGE NANCY TORRESEN. (slg) (Entered: 02/12/2019)

ORAL ORDER overruling for reasons stated on the record 67 Objection to #63 Deposition Designation of Dr. David Conner. By JUDGE NANCY TORRESEN. (slg) Modified on 2/12/2019 text corrected to reflect the deposition designation to be Dr. David Conner, not KVHC (slg). (Entered: 02/12/2019)

ORAL ORDER reserving ruling 69 Objection to #60 Deposition and #59 Deposition Designation of Katahdin Valley Health Center. By JUDGE NANCY TORRESEN. (slg) (Entered: 02/12/2019)

ORAL ORDER granting 77 Motion to Amend #54 Exhibit List, Substitute Exhibits, and Admit Certain Exhibits into Evidence. By JUDGE NANCY TORRESEN. (slg) (Entered: 02/12/2019)

ORAL ORDER overruling 58 Objection to #45 Deposition Designation. By JUDGE NANCY TORRESEN. (slg) (Entered: 02/12/2019)

NOTICE of Docket Entry Modification regarding 83 Order on Objection. This was modified by the Clerk's Office to correct the deposition designation to be Dr. David Conner, not KVHC. (slg) (Entered: 02/12/2019)

Minute Entry for proceedings held before JUDGE NANCY TORRESEN: Motion Hearing continued re 9 MOTION for Preliminary Injunction filed by BRENDA SMITH. (Court Reporter: Tammy Martell) (slg) (Entered: 02/13/2019)