Case: Bayley's Campground, Inc v. Mills

2:20-cv-00176 | U.S. District Court for the District of Maine

Filed Date: May 15, 2020

Closed Date: Feb. 3, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a suit brought by several campgrounds and individuals wishing to travel to Maine against the State of Maine's enforcement of stay-at-home orders and quarantine requirements for those traveling into Maine. The plaintiffs alleged that Maine's orders violated their rights to interstate travel, due process, and equal protection. The court denied their motion for preliminary injunction and found that the orders were narrowly tailored to the goal of protecting public health.…

COVID-19 Summary: This is a suit brought by several campgrounds and individuals wishing to travel to Maine against the State of Maine's enforcement of stay-at-home orders and quarantine requirements for those traveling into Maine. The plaintiffs alleged that Maine's orders violated their rights to interstate travel, due process, and equal protection. The court denied their motion for preliminary injunction and found that the orders were narrowly tailored to the goal of protecting public health. The plaintiffs appealed on June 1 and moved for reconsideration. The court denied the plaintiffs motion for reconsideration and the case was stayed on June 8. The First Circuit affirmed the lower court's decision on January 19, 2021 and on February 3, the plaintiffs filed a notice of voluntary dismissal.


The stay-at-home executive orders issued by Maine Governor Janet Mills in response to the outbreak of COVID-19 required people entering Maine to self-quarantine for 14 days. Several campgrounds in rural Maine and individual plaintiffs wishing to travel interstate to Maine alleged that the executive orders violated their rights to interstate travel, due process, and equal protection. Represented by private counsel, plaintiffs sued Governor Mills, in her official capacity, in the United States District Court for the District of Maine under 42 U.S.C. § 1983 on May 15, 2020. Plaintiffs, who simultaneously filed a motion for preliminary injunction (PI) and expedited relief, sought declaratory and injunctive relief, as well as attorneys' costs and fees. The case was assigned to Judge Lance E. Walker.

Plaintiffs alleged that the restrictions on interstate travel in the executive orders burdened their right to interstate travel and were not the least restrictive means for advancing a compelling government interest. Moreover, plaintiffs asserted that the restrictions on interstate travel "deprived Plaintiffs and their customers of their constitutional rights . . . without any pre- or post-deprivation process." Finally, plaintiffs claimed that "The Rural Reopening plan creates 'winners' and 'losers' of the same, similarly situated businesses, based solely upon their location within the State of Maine," in violation of the Due Process and Equal Protection clauses. Plaintiffs requested an order declaring "that the challenged orders unconstitutionally infringe upon Plaintiffs’ rights to interstate travel, due process, and equal protection" and enjoining enforcement of the challenged aspects of the executive orders. 2020 WL 2519973.

On May 25, Governor Mills filed an opposition for plaintiffs' motion for PI, asserting that states "have broad latitude when confronting a public health emergency" and that "elimination of the self-quarantine requirement, at least at this time, would threaten the public health, and the plaintiffs’ desire to recreate and visit friends in other states without self-quarantining does not outweigh Maine’s interest in protecting its population."

On May 29, the United States Department of Justice filed a statement of interest, stating that "the Court should hold that Maine’s discrimination against out-of-state residents likely violates Article IV’s Privileges and Immunities Clause." The DOJ asserted that the quarantine requirement discriminates between Maine residents and out-of-state residents and that the discrimination appears to be insufficiently tailored to further public safety.

Later that day, Judge Walker issued an order denying plaintiffs' motion for PI. Judge Walker concluded that while the executive orders burden plaintiffs' right to travel, plaintiffs have not shown a likelihood of success sufficient to justify PI because "it is not at all clear that there are any less restrictive means for the state to still meet their goal of curbing COVID-19." Moreover, Judge Walker found that plaintiffs were unlikely to succeed on their due process claim; "Because the COVID-19 scenario is the kind of scenario for which emergency action would be expected, and because Plaintiffs have not persuasively shown that they are denied access to quick and meaningful post-deprivation review of administrative action." Finally, Judge Walker held that the "irreparable harm that plaintiffs would suffer as result of orders did not outweigh state's concern for public health posed by COVID-19 pandemic." However, Judge Walker stated that "Plaintiffs have raised a very serious matter for judicial resolution and I am persuaded that they might be able to demonstrate a violation of the Constitution sometime during the travel of this case." 2020 WL 2791797.

On June 1, plaintiffs appealed the denial of the motion for PI to the First Circuit (No. 20-1559). Plaintiffs also filed a motion for expedited injunction pending appeal and a motion for reconsideration, arguing that Judge Walker incorrectly placed the burden on plaintiffs to show that the Governor's order was not narrowly tailored.

On June 5, Judge Walker issued an order denying plaintiffs' motions for expedited injunction and reconsideration. Judge Walker agreed that the burden of proof rested with the Governor to prove that the orders were narrowly tailored, but stated that he had not indicated that "Plaintiffs bore the burden of proving the Governor’s restrictions were not narrowly tailored, or that they had failed to do so." Judge Walker explained that, in his May 29 order, he found that Governor Mills "carried her burden of proof sufficiently to defeat Plaintiffs’ motion for preliminary injunction."

On June 8, the defendants filed an unopposed motion to stay pending appeal, which was granted the next day.

On January 19, 2021, the First Circuit affirmed the district court's denial of the preliminary injunction. 985 F.3d 153. The court stated that the plaintiffs had failed to demonstrate a likelihood of success on the merits of their claim.

On February 3, 2021, the plaintiffs filed a notice of voluntary dismissal and the case is now closed.

Summary Authors

Aaron Gurley (6/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17175691/parties/bayleys-campground-inc-v-mills/


Judge(s)

Rich, John H. III (Maine)

Walker, Lance Edward None (Maine)

Attorneys(s) for Plaintiff

Libby, Gene R (Maine)

Richard, Keith P (Maine)

Smith, Tyler J (Maine)

Attorneys(s) for Defendant

Frey, Aaron M (Maine)

Patwardhan, Kimberly L (Maine)

Taub, Christopher C. (Maine)

Other Attorney(s)

Active

Active

Judge(s)

Rich, John H. III (Maine)

Walker, Lance Edward None (Maine)

Attorneys(s) for Plaintiff

Libby, Gene R (Maine)

Richard, Keith P (Maine)

Smith, Tyler J (Maine)

Attorneys(s) for Defendant

Frey, Aaron M (Maine)

Patwardhan, Kimberly L (Maine)

Taub, Christopher C. (Maine)

Other Attorney(s)

Dreiband, Eric S. (District of Columbia)

Frank, Halsey B (Maine)

Maugeri, Alexander V. (Colorado)

Documents in the Clearinghouse

Document

Docket [PACER]

Bayley's Campground Inc v. Mills

Feb. 10, 2021 Docket
1

Complaint for Declaratory Judgment and Injunctive Relief

Bayley's Campground Inc v. Mills

2020 WL 2519973

May 15, 2020 Complaint
12

Defendant's Opposition to Plaintiffs' Motion for Preliminary Injunction

Bayley's Campground Inc v. Mills

May 25, 2020 Pleading / Motion / Brief
19

Statement of Interest on Behalf of the United States

Bayley's Campground Inc v. Mills

May 29, 2020 Pleading / Motion / Brief
20

Order on Plaintiffs' Motion for Preliminary Injunction

Bayley's Campground Inc v. Mills

463 F.Supp.3d 22, 2020 WL 2791797

May 29, 2020 Order/Opinion
27

Order on Plaintiffs' Motion for Expedited Injunction Pending Appeal and Motion for Reconsideration

Bayley's Campground Inc v. Mills

2020 WL 3037252

June 5, 2020 Order/Opinion
28

Defendant's Assented-To Motion to Stay Further Proceedings Pending Appeal

June 8, 2020 Pleading / Motion / Brief

Opinion

Bayley’s Campground, Inc. v. Mills

U. S. Court of Appeals for the First Circuit

985 F.3d 153

Jan. 19, 2021 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17175691/bayleys-campground-inc-v-mills/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against JANET MILLS with Jury Demand filed by FKT RESORT MANAGEMENT LLC, JAMES BOISVERT, BAYLEY'S CAMPGROUND INC, DOLORES HUMISTON, FKT BAYLEY LIMITED PARTNERSHIP, CURTIS BONNELL, DMJ PARKS LLC 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.. (Service of Process Deadline 8/13/2020) Fee due by 5/18/2020.(jwr) (Entered: 05/15/2020)

May 15, 2020 RECAP
2

CIVIL COVER SHEET. (jwr) (Entered: 05/15/2020)

May 15, 2020 PACER

Set Deadlines : Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 5/18/2020 from Plaintiffs. (jwr)

May 15, 2020 PACER

Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number AMEDC-2230656.), filed by FKT RESORT MANAGEMENT LLC, JAMES BOISVERT, BAYLEY'S CAMPGROUND INC, DOLORES HUMISTON, FKT BAYLEY LIMITED PARTNERSHIP, CURTIS BONNELL, DMJ PARKS LLC.(SMITH, TYLER)

May 15, 2020 PACER
3

MOTION for Preliminary Injunction and Expedited Relief by BAYLEY'S CAMPGROUND INC, JAMES BOISVERT, CURTIS BONNELL, DMJ PARKS LLC, FKT BAYLEY LIMITED PARTNERSHIP, FKT RESORT MANAGEMENT LLC, DOLORES HUMISTON Responses due by 6/5/2020. (Attachments: # 1 Declaration of Thomas Bayley, # 2 Declaration of Maryellen Bozza, # 3 Declaration of Curtis Bonnell, # 4 Declaration of Dolores Humiston, # 5 Declaration of James E. Boisvert, # 6 Declaration of Keith P. Richard, Esq.)(SMITH, TYLER) (Entered: 05/15/2020)

1 Declaration of Thomas Bayley

View on RECAP

2 Declaration of Maryellen Bozza

View on RECAP

3 Declaration of Curtis Bonnell

View on RECAP

4 Declaration of Dolores Humiston

View on RECAP

5 Declaration of James E. Boisvert

View on RECAP

6 Declaration of Keith P. Richard, Esq.

View on RECAP

May 15, 2020 PACER
4

NOTICE of TELEPHONIC Hearing: Telephone Conference set for 5/18/2020 03:00 PM in Judge Walker's Chambers before JUDGE LANCE E. WALKER. All participants have been provided call-in information.(meh) (Entered: 05/18/2020)

May 18, 2020 PACER
5

CORPORATE DISCLOSURE STATEMENT by BAYLEY'S CAMPGROUND INC. (SMITH, TYLER) (Entered: 05/18/2020)

May 18, 2020 PACER
6

CORPORATE DISCLOSURE STATEMENT by DMJ PARKS LLC. (SMITH, TYLER) (Entered: 05/18/2020)

May 18, 2020 PACER
7

CORPORATE DISCLOSURE STATEMENT by FKT BAYLEY LIMITED PARTNERSHIP. (SMITH, TYLER) (Entered: 05/18/2020)

May 18, 2020 PACER
8

CORPORATE DISCLOSURE STATEMENT by FKT RESORT MANAGEMENT LLC. (SMITH, TYLER) (Entered: 05/18/2020)

May 18, 2020 PACER
9

Minute Entry for proceedings held before JUDGE LANCE E. WALKER: Telephone Conference held. Response to ECF #3 due 5/25/2020. Reply to ECF #3 due 5/28/2020. No oral argument is needed. (Court Reporter: Melissa Merenberg) (meh) (Entered: 05/18/2020)

May 18, 2020 PACER

Set Deadlines as to 3 MOTION for Preliminary Injunction and Expedited Relief : Responses due by 5/25/2020. Reply due by 5/28/2020. (meh)

May 18, 2020 PACER
10

WAIVER OF SERVICE Returned Executed JANET MILLS waiver sent on 5/18/2020. (SMITH, TYLER) Modified on 6/11/2020 to correct waiver sent date (meh). (Entered: 05/21/2020)

May 21, 2020 PACER

Set Answer Deadline for JANET MILLS : Answer due by 7/20/2020. (meh)

May 21, 2020 PACER
11

NOTICE of Appearance by KIMBERLY L. PATWARDHAN on behalf of JANET MILLS (PATWARDHAN, KIMBERLY) (Entered: 05/25/2020)

May 25, 2020 PACER
12

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction and Expedited Relief filed by JANET MILLS. Reply due by 6/8/2020. (TAUB, CHRISTOPHER) (Entered: 05/25/2020)

May 25, 2020 RECAP
13

AFFIDAVIT of Nirav Dinesh Shah, M.D., J.D. re 12 Response in Opposition to Motion filed by JANET MILLS. (TAUB, CHRISTOPHER) (Entered: 05/25/2020)

May 25, 2020 RECAP
14

AFFIDAVIT of Derek P. Langhauser re 12 Response in Opposition to Motion filed by JANET MILLS. (TAUB, CHRISTOPHER) (Entered: 05/25/2020)

May 25, 2020 RECAP

Set Deadlines as to 3 MOTION for Preliminary Injunction and Expedited Relief : Reply due by 5/28/2020. (meh)

May 25, 2020 PACER
15

Unopposed MOTION to Enlarge Page Limitation by BAYLEY'S CAMPGROUND INC, JAMES BOISVERT, CURTIS BONNELL, DMJ PARKS LLC, FKT BAYLEY LIMITED PARTNERSHIP, FKT RESORT MANAGEMENT LLC, DOLORES HUMISTON Responses due by 6/16/2020. (SMITH, TYLER) (Entered: 05/26/2020)

May 26, 2020 RECAP
16

ORDER granting 15 Unopposed Motion to Enlarge Page Limitation By JUDGE LANCE E. WALKER. (meh) (Entered: 05/26/2020)

May 26, 2020 PACER

Order on Motion for Miscellaneous Relief 1

May 26, 2020 PACER
17

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction and Expedited Relief filed by BAYLEY'S CAMPGROUND INC, JAMES BOISVERT, CURTIS BONNELL, DMJ PARKS LLC, FKT BAYLEY LIMITED PARTNERSHIP, FKT RESORT MANAGEMENT LLC, DOLORES HUMISTON. (Attachments: # 1 Wiley & Vladek Law Review Article, # 2 CDC COVID-19 Planning Scenarios)(SMITH, TYLER) (Entered: 05/28/2020)

1 Wiley & Vladek Law Review Article

View on PACER

2 CDC COVID-19 Planning Scenarios

View on PACER

May 28, 2020 PACER
18

NOTICE of Appearance by ALEXANDER VIRGIL MAUGERI on behalf of UNITED STATES OF AMERICA (MAUGERI, ALEXANDER) (Entered: 05/29/2020)

May 29, 2020 PACER
19

BRIEF by UNITED STATES OF AMERICA. (MAUGERI, ALEXANDER) (Entered: 05/29/2020)

May 29, 2020 RECAP
20

ORDER ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION denying 3 Motion for Preliminary Injunction By JUDGE LANCE E. WALKER. (CJD) (Entered: 05/29/2020)

May 29, 2020 RECAP
21

INTERLOCUTORY APPEAL as to 20 Order on Motion for Preliminary Injunction by BAYLEY'S CAMPGROUND INC, JAMES BOISVERT, CURTIS BONNELL, DMJ PARKS LLC, FKT BAYLEY LIMITED PARTNERSHIP, FKT RESORT MANAGEMENT LLC, DOLORES HUMISTON . ( Filing fee $ 505 receipt number AMEDC-2240846.) NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from our web site at http://www.med.uscourts.gov/forms/ MUST be completed and submitted to the Court of Appeals. Counsel should also register for a First Circuit CM/ECF Appellate Filer Account at https://pacer.psc.uscourts.gov/pscof/regWizard.jsf and review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf (LIBBY, GENE) Modified on 6/2/2020 to change Appeal type to Interlocutory (meh). (Entered: 06/01/2020)

June 1, 2020 PACER
22

APPEAL COVER SHEET Re: 21 Notice of Appeal (bfa) (Entered: 06/01/2020)

June 1, 2020 PACER
23

CLERK'S CERTIFICATE Re: 21 Notice of Appeal. Documents sent to the U.S. Court of Appeals. (bfa) (Entered: 06/01/2020)

June 1, 2020 PACER

Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re 21 Notice of Appeal (bfa)

June 1, 2020 PACER
24

USCA Case Number 20-1559 for 21 Notice of Appeal, filed by JAMES BOISVERT, DOLORES HUMISTON, FKT RESORT MANAGEMENT LLC, BAYLEY'S CAMPGROUND INC, FKT BAYLEY LIMITED PARTNERSHIP, CURTIS BONNELL, DMJ PARKS LLC. (bfa) (Entered: 06/01/2020)

June 1, 2020 PACER
25

MOTION for Preliminary Injunction Pending Appeal by BAYLEY'S CAMPGROUND INC, JAMES BOISVERT, CURTIS BONNELL, DMJ PARKS LLC, FKT BAYLEY LIMITED PARTNERSHIP, FKT RESORT MANAGEMENT LLC, DOLORES HUMISTON Responses due by 6/23/2020. (SMITH, TYLER) (Entered: 06/02/2020)

June 2, 2020 PACER

COPIES of Notice of Appeal Sent to Counsel Re: 21 Notice of Appeal, filed by JAMES BOISVERT, DOLORES HUMISTON, FKT RESORT MANAGEMENT LLC, BAYLEY'S CAMPGROUND INC, FKT BAYLEY LIMITED PARTNERSHIP, CURTIS BONNELL, DMJ PARKS LLC. (tcs) Modified on 6/3/2020 to correct date filed (tcs).

June 2, 2020 PACER

Per Judge Lance Walker response and reply deadlines are to be expedited reset Deadlines as to 25 MOTION for Preliminary Injunction Pending Appeal : Responses due by 6/9/2020. Reply due by 6/12/2020. (meh) Modified on 6/3/2020 to add expedited response and reply wording (meh).

June 3, 2020 PACER
26

MOTION for Reconsideration re 20 Order on Motion for Preliminary Injunction by BAYLEY'S CAMPGROUND INC, JAMES BOISVERT, CURTIS BONNELL, DMJ PARKS LLC, FKT BAYLEY LIMITED PARTNERSHIP, FKT RESORT MANAGEMENT LLC, DOLORES HUMISTON Responses due by 6/25/2020. (SMITH, TYLER) (Entered: 06/04/2020)

June 4, 2020 PACER
27

ORDER ON PLAINTIFFS' MOTION FOR EXPEDITED INJUNCTION PENDING APPEAL AND MOTION FOR RECONSIDERATION denying 25 Motion for Preliminary Injunction; denying 26 Motion for Reconsideration By JUDGE LANCE E. WALKER. (CJD) (Entered: 06/05/2020)

June 5, 2020 RECAP
28

Unopposed MOTION to Stay Pending Appeal by JANET MILLS Responses due by 6/29/2020. (TAUB, CHRISTOPHER) (Entered: 06/08/2020)

June 8, 2020 RECAP
29

ORDER granting 28 Motion to Stay Pending Appeal By JUDGE LANCE E. WALKER. (meh) (Entered: 06/09/2020)

June 9, 2020 PACER

Order on Motion to Stay

June 9, 2020 PACER
30

***Filed in Error. Counsel to file a Motion to Withdraw as Attorney*** NOTICE/CORRESPONDENCE Re: Attorney Withdrawal by UNITED STATES OF AMERICA (MAUGERI, ALEXANDER) Modified on 1/12/2021 to indicate filed in error (jgd). (Entered: 01/12/2021)

Jan. 12, 2021 PACER
31

MOTION by Attorney Alexander V. Maugeri to Withdraw as Attorney by UNITED STATES OF AMERICA Responses due by 2/3/2021. (MAUGERI, ALEXANDER) (Entered: 01/13/2021)

Jan. 13, 2021 PACER
32

ORDER denying 31 Motion to Withdraw as Attorney. The motion is denied without prejudice, as, from all that appears, the United States remains an Interested Party and no successor counsel has entered an appearance. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 01/15/2021)

Jan. 15, 2021 PACER

Order on Motion to Withdraw as Attorney

Jan. 15, 2021 PACER
33

Opinion of USCA Re: 21 Notice of Appeal filed by JAMES BOISVERT, DOLORES HUMISTON, FKT RESORT MANAGEMENT LLC, BAYLEY'S CAMPGROUND INC, FKT BAYLEY LIMITED PARTNERSHIP, CURTIS BONNELL, DMJ PARKS LLC Check for Receipt of Mandate on 2/19/2021. (mlm) (Entered: 01/20/2021)

Jan. 20, 2021 PACER
34

JUDGMENT of USCA re 21 Notice of Appeal. (mlm) (Entered: 01/20/2021)

Jan. 20, 2021 RECAP
35

NOTICE of Appearance by THOMAS CHANDLER on behalf of UNITED STATES OF AMERICA (CHANDLER, THOMAS) (Entered: 01/29/2021)

Jan. 29, 2021 PACER
36

Notice of Voluntary Dismissal by BAYLEY'S CAMPGROUND INC, JAMES BOISVERT, CURTIS BONNELL, DMJ PARKS LLC, FKT BAYLEY LIMITED PARTNERSHIP, FKT RESORT MANAGEMENT LLC, DOLORES HUMISTON (SMITH, TYLER) (Entered: 02/03/2021)

Feb. 3, 2021 PACER
37

MANDATE of USCA as to 21 Notice of Appeal(mlm) (Entered: 02/10/2021)

Feb. 10, 2021 PACER

State / Territory: Maine

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 15, 2020

Closing Date: Feb. 3, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Campgrounds in Maine and individuals wishing to travel into Maine

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of the State of Maine, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Right to travel

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied