Case: Frese v. MacDonald

ACLU

NEW CASE/ COMPLAINT Filing fee $ 400, receipt number 0102-1746963 filed by Robert Frese. (Attachments: # 1 Exhibit A -- Courts Chapter 91-A Response, # 2 Exhibit B -- Frese 2012 Hudson Charge, # 3 Exhibit C -- Frese 2018 Exeter Charge (Part 1), # 4 Exhibit C -- Frese 2018 Exeter Charge (Part 2), # 5 Civil Cover Sheet, # 6 Summons - Waiver)(Bissonnette, Gilles) (Entered: 12/18/2018)

1 Exhibit A -- Courts Chapter 91-A Response

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2 Exhibit B -- Frese 2012 Hudson Charge

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3 Exhibit C -- Frese 2018 Exeter Charge (Part 1)

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4 Exhibit C -- Frese 2018 Exeter Charge (Part 2)

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5 Civil Cover Sheet

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6 Summons - Waiver

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Case Assigned

NOTICE of Attorney Appearance by Lawrence A. Vogelman on behalf of Robert Frese Attorney Lawrence A. Vogelman added to party Robert Frese(pty:pla).(Vogelman, Lawrence) (Entered: 12/18/2018)

NOTICE of Attorney Appearance by Henry Klementowicz on behalf of Robert Frese Attorney Henry Klementowicz added to party Robert Frese(pty:pla).(Klementowicz, Henry) (Entered: 12/18/2018)

Case assigned to Judge Joseph N. Laplante. The case designation is: 1:18-cv-1180-JL. Please show this number with the judge designation on all future pleadings. (mc)

NOTICE of Attorney Appearance by John M Greabe on behalf of Robert Frese Attorney John M Greabe added to party Robert Frese(pty:pla).(Greabe, John) (Additional attachment(s) added on 12/26/2018: # 1 CORRECTED Notice of Appearance) (bt). (Entered: 12/19/2018)

WAIVER OF SERVICE Returned Executed as to NH Attorney General by Robert Frese. Served/Mailed on 12/18/2018. Answer Follow Up on 2/19/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles) (Entered: 12/21/2018)

Notice - ECF

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. (mc)

Assented to MOTION for Brian Hauss to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1755082.) filed by Robert Frese. (Attachments: # 1 Exhibit (Affidavit) of Brian M. Hauss)(Klementowicz, Henry) (Entered: 01/08/2019)

Assented to MOTION for Emerson Sykes to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1755087.) filed by Robert Frese. (Attachments: # 1 Exhibit (Affidavit) of Emerson J. Sykes)(Klementowicz, Henry) (Entered: 01/08/2019)

ENDORSED ORDER granting 7 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Brian M. Hauss complete an online ECF Registration Form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Joseph N. Laplante. ECF Registration Deadline set for 1/22/2019.To access the online registration form, click HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(jb)

ENDORSED ORDER granting 8 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Emerson J. Sykes complete an online ECF Registration Form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Joseph N. Laplante. ECF Registration Deadline set for 1/22/2019.To access the online registration form, click HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(jb)

Order on Motion to Appear Pro Hac Vice

NOTICE of Attorney Appearance by Lawrence Edelman (NHAG) on behalf of NH Attorney General Attorney Lawrence Edelman (NHAG) added to party NH Attorney General(pty:dft).(Edelman (NHAG), Lawrence) (Entered: 02/06/2019)

Order on Motion for Extension of Time to Answer

Assented to MOTION to Extend Time to Answer to March 20, 2019 filed by NH Attorney General.(Edelman (NHAG), Lawrence) (Entered: 02/06/2019)

ENDORSED ORDER granting 10 Motion to Extend Time to Answer to March 20, 2019 re 1 Complaint. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Joseph N. Laplante. Answer Follow Up on 3/20/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(jb)

MOTION to Dismiss filed by NH Attorney General. Follow up on Objection on 4/2/2019. 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 Memorandum of Law in Support of Motion to Dismiss)(Edelman (NHAG), Lawrence) (Entered: 03/19/2019)

NOTICE of Attorney Appearance by Rebecca D. Ricard on behalf of NH Attorney General Attorney Rebecca D. Ricard added to party NH Attorney General(pty:dft).(Ricard, Rebecca) (Entered: 03/19/2019)

Assented to MOTION to Extend Time to Object/Respond to 11 MOTION to Dismiss to May 2, 2019 filed by Robert Frese.(Bissonnette, Gilles) (Entered: 03/20/2019)

Order on Motion to Extend Time to Object/Respond

ENDORSED ORDER granting 13 Motion to Extend Time to Object/Respond to 11 Motion to Dismiss to May 2, 2019. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 5/2/2019. (jb)

OBJECTION to 11 MOTION to Dismiss filed by Robert Frese. Follow up on Reply on 5/9/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Bissonnette, Gilles) (Entered: 05/02/2019)

Assented to MOTION to Extend Time to file a Reply Memorandum filed by NH Attorney General.(Edelman (NHAG), Lawrence) (Entered: 05/03/2019)

ENDORSED ORDER granting 15 Motion to Extend Time to file Reply Memorandum. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb)

Order on Motion to Extend Time

Order on Motion to Extend Time

Motion Hearing

HEARING NOTICE re: 11 MOTION to Dismiss. Motion Hearing set for 7/25/2019 at 02:00 PM before Judge Joseph N. Laplante.(jb)

Notice of Hearing on Motion

Assented to MOTION to Continue July 25, 2019 Hearing filed by Robert Frese. Follow up on Objection on 6/21/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles) (Entered: 06/07/2019)

REPLY to Objection to Motion re 11 MOTION to Dismiss filed by NH Attorney General. Surreply due by 6/17/2019. (Edelman (NHAG), Lawrence) (Entered: 06/10/2019)

ENDORSED ORDER granting 16 Motion to Continue July 25, 2019. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Motion Hearing re 11 MOTION to Dismiss reset for 9/3/2019 at 10:00 AM before Judge Joseph N. Laplante.(jb)

Order on Motion to Continue

Order on Motion to Continue

Rescheduling Motion Hearing

RESCHEDULING NOTICE of Motion Hearing re: 11 MOTION to Dismiss. Motion Hearing reset for 9/13/2019 at 02:00 PM before Judge Joseph N. Laplante.(jb)

Rescheduling Notice of Hearing on Motion

Motion Hearing

Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 9/13/2019 re 11 MOTION to Dismiss. Order to issue. (Court Reporter: Susan M. Bateman) (Pltfs Atty: Brian M. Hauss, Emerson J. Sykes, Henry Klementowicz, Gilles R. Bissonnette, John M. Greabe, Lawrence A. Vogelman) (Defts Atty: Lawrence Edelman, Rebecca D. Ricard)(Total Hearing Time: 2 hours, 16 minutes) (jb)

NOTICE of Supplemental Authority by Robert Frese.(Bissonnette, Gilles) (Entered: 09/16/2019)

ORDER denying 11 Motion to Dismiss. So Ordered by Judge Joseph N. Laplante. Answer Follow Up on 11/8/2019. (jb) (Entered: 10/25/2019)

Assented to MOTION to Extend Time to File Motion for Reconsideration Until Monday, November 25, 2019 filed by NH Attorney General.(Edelman (NHAG), Lawrence) (Entered: 11/04/2019)

Order on Motion to Extend Time

ENDORSED ORDER granting 20 Assented to MOTION to Extend Time to File Motion for Reconsideration Until Monday, November 25, 2019. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Motions due by 11/25/2019. (jb)

MOTION for Reconsideration re 19 Order on Motion to Dismiss filed by NH Attorney General.Follow up on Objection on 12/9/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Edelman (NHAG), Lawrence) (Entered: 11/25/2019)

OBJECTION to 21 MOTION for Reconsideration re 19 Order on Motion to Dismiss filed by Robert Frese. Follow up on Reply on 12/16/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Bissonnette, Gilles) (Entered: 12/09/2019)

Assented to MOTION to Extend Time to Object/Respond to 22 Objection to Motion, to December 18, 2019 filed by NH Attorney General.(Edelman (NHAG), Lawrence) (Entered: 12/13/2019)

Order on Motion to Extend Time to Object/Respond

ENDORSED ORDER granting 23 Motion to Extend Time to Object/Respond to 21 Motion for Reconsideration, to December 18, 2019. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Reply on 12/18/2019. (jb)

REPLY to Objection to Motion re 21 MOTION for Reconsideration re 19 Order on Motion to Dismiss filed by NH Attorney General. Surreply due by 12/23/2019. (Edelman (NHAG), Lawrence) (Entered: 12/18/2019)

ORDER denying 21 Motion for Reconsideration. Re: 19 Order on Motion to Dismiss, as outlined. So Ordered by Judge Joseph N. Laplante.(cmp) (Entered: 02/14/2020)

Assented to MOTION to Extend Time to Answer to 03/13/2020 filed by NH Attorney General.(Ricard, Rebecca) (Entered: 02/26/2020)

Order on Motion to Extend Time to Answer

ENDORSED ORDER granting 26 Assented to MOTION to Extend Time to Answer to 03/13/2020 re 1 Complaint. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Answer Follow Up on 3/13/2020. (jb)

ANSWER to 1 Complaint - New Case, filed by NH Attorney General.(Ricard, Rebecca) (Entered: 03/13/2020)

NOTICE of Attorney Withdrawal by Rebecca D. Ricard on behalf of NH Attorney General(Ricard, Rebecca) (Entered: 03/30/2020)

Pretrial Conference

NOTICE OF TELEPHONIC PRETRIAL CONFERENCE. Pretrial Conference set for 4/22/2020 at 09:00 AM before Judge Joseph N. Laplante. Follow up on Discovery Plan 4/15/2020. The parties will be provided with conference call in format prior to the hearing date. The preliminary pretrial conference will not be canceled and at least one counsel for each party will be required to attend. While not mandatory, the court prefers that the Joint Discovery Plan filed in accordance with Fed. R. Civ. P. 26(f) specify a summary judgment deadline which falls after the close of discovery, but at least 120 days before trial. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(jb)

Assented to MOTION to Amend 1 Complaint - New Case, filed by Robert Frese. (Attachments: # 1 Exhibit A -- Proposed Amendment Redline, # 2 Exhibit B -- Proposed Amendment Clean)(Bissonnette, Gilles) (Entered: 04/10/2020)

Order on Motion to Amend

ENDORSED ORDER granting 29 Motion to Amend 1 Complaint. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion to Amend using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante. Amended Pleadings due by 4/15/2020.(jb)

Proposed Discovery Plan (Joint) filed by Robert Frese. (Bissonnette, Gilles) (Entered: 04/13/2020)

AMENDED COMPLAINT against NH Attorney General filed by Robert Frese. (Attachments: # 1 Exhibit A -- Court Chapter 91-A Response, # 2 Exhibit B -- Hudson Reports, # 3 Exhibit C -- Exeter Reports Part 1, # 4 Exhibit C -- Exeter Reports Part 2)(Bissonnette, Gilles) (Entered: 04/13/2020)

1 Exhibit A -- Court Chapter 91-A Response

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2 Exhibit B -- Hudson Reports

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3 Exhibit C -- Exeter Reports Part 1

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4 Exhibit C -- Exeter Reports Part 2

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PROCEDURAL ORDER re Preliminary Pretrial Conference (via Video-Conference) scheduled for April 22, 2020 at 9:00 a.m. before Judge Joseph N. Laplante. So Ordered by Judge Joseph N. Laplante.(jb) (Entered: 04/20/2020)

Minute Entry for proceedings held before Judge Joseph N. Laplante. PRETRIAL CONFERENCE held on 4/22/2020. Order to issue. (Pltfs Atty: Gilles R. Bissonnette, Henry Klementowicz, Emerson J. Sykes, Brian M. Hauss, John M. Greabe) (Defts Atty: Lawrence Edelman)(Total Hearing Time: 16 minutes) (jb)

MOTION to Dismiss for Failure to State a Claim filed by NH Attorney General.Follow up on Objection on 5/20/2020. 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 in Support of Motion to Dismiss)(Edelman (NHAG), Lawrence) (Entered: 05/06/2020)

1 Memorandum of Law in Support of Motion to Dismiss

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Assented to MOTION to Extend Time to Object/Respond to 33 MOTION to Dismiss for Failure to State a Claim to June 19, 2020 filed by Robert Frese.(Bissonnette, Gilles) (Entered: 05/07/2020)

Pretrial Conference

Trial Notice

ORDER approving (with changes) 30 Proposed Discovery Plan. Length of Trial 2-3 days. Case Track: Standard. So Ordered by Judge Joseph N. Laplante. Dispositive Motion Filing Deadline 8/1/2020. Discovery deadline 1/15/2021. Discovery Status Conference set for 12/29/2020 at 04:00 PM before Judge Joseph N. Laplante. Joint Statement regarding the status of discovery due by 12/24/2020. Summary Judgment Motions due by 2/1/2021. (jb) (Entered: 05/07/2020)

TRIAL NOTICE: Pretrial Statements due 5/11/2021. LR 16.2(d) Objections due 5/25/2021. Final Pretrial Conference set for 6/1/2021 at 04:30 PM before Judge Joseph N. Laplante. Bench Trial set for the two-week period beginning 6/8/2021 at 09:00 AM before Judge Joseph N. Laplante. (jb)

Order on Motion to Extend Time to Object/Respond

Order

ENDORSED ORDER granting 34 Motion to Extend Time to Object/Respond to 33 Motion to Dismiss for Failure to State a Claim. Text of Order: Granted. The motion is granted, but the court may not require an objection. The deadline is extended indefinitely to a date to be determined. So Ordered by Judge Joseph N. Laplante.(jb)

ENDORSED ORDER re 33 Motion to Dismiss for Failure to State a Claim. Text of Order: The plaintiff's objection to the motion to dismiss (Doc. 33 ) need not address any of the arguments now twice raised in the original motion to dismiss and motion to reconsider, which the court has assessed in its prior orders. Plaintiff's counsel is directed, however, to specifically respond to the defendant's argument that First Circuit precedent precludes Mr. Frese from maintaining facial or as-applied void-for-vagueness claims under the Fourteenth Amendment. The objection is due on or before June 19, 2020. So Ordered by Judge Joseph N. Laplante.(jb)

MOTION for Reconsideration re ENDORSED ORDER re 33 Motion to Dismiss for Failure to State a Claim filed by NH Attorney General.Follow up on Objection on 6/1/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Edelman (NHAG), Lawrence) (Entered: 05/18/2020)

Order on Motion for Reconsideration

ENDORSED ORDER denying 36 Motion for Reconsideration re: ENDORSED ORDER re 33 Motion to Dismiss for Failure to State a Claim. Text of Order: Denied. Plaintiff's counsel need not respond to the motion, which is denied. The May 8 Order simply provided that the plaintiff need not repetitively respond to the defendant's previously briefed arguments, and called the plaintiff's attention to one newly advanced argument on which the court specifically seeks briefing. The court issued the May 8 Order in the interests of procedural efficiency for both the court and counsel, judicial economy and the avoidance of the needless expenditure of public, private and nonprofit resources. No defense arguments advanced in previous motions are considered forfeited or waived. The court reminds counsel that compliance with L.R. 7.1(c) (seeking of concurrence) is expected. So Ordered by Judge Joseph N. Laplante.(jb)

Objection to 33 MOTION to Dismiss for Failure to State a Claim filed by Robert Frese. (Bissonnette, Gilles) (Entered: 06/19/2020)

Assented to MOTION to Extend Time to Object/Respond to 37 Objection to to July 10, 2020 filed by NH Attorney General.(Edelman (NHAG), Lawrence) (Entered: 06/22/2020)

ENDORSED ORDER granting 38 Motion to Extend Time to Object/Respond to 37 Objection to July 10, 2020 re 33 Motion to Dismiss for Failure to State a Claim. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Reply on 7/10/2020. (jb)

Order on Motion to Extend Time to Object/Respond

Extend Time

Order on Motion to Extend Time

Attorney Appearance

Reply to Objection to Motion

Attorney Withdrawal

ENDORSED ORDER re 33 Motion to Dismiss for Failure to State a Claim. Text of Order: After careful consideration of the parties' briefs, the court is prepared to rule on the renewed motion to dismiss (Doc. # 33 ) without oral argument. Should either party desire oral argument, however, the court will hold it. Counsel should merely notify the deputy clerk. So Ordered by Judge Joseph N. Laplante.(jb)

Order

STATUS REPORT by Robert Frese : JOINT STATEMENT REGARDING STATUS OF DISCOVERY AND JOINT MOTION FOR ENTRY OF BRIEFING SCHEDULE(Bissonnette, Gilles) (Entered: 12/21/2020)

ENDORSED ORDER reviewing 43 Status Report. Text of Order: Reviewed. The mid-litigation discovery status conference scheduled for 12/29/2020 at 4:00 pm is CANCELLED. So Ordered by Judge Joseph N. Laplante.(jb)

Order

Order on Motion to Dismiss for Failure to State a Claim

Hearing Notice

Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS VIDEO-CONFERENCE held on 1/19/2021. (Pltfs Atty: Gilles R. Bissonnette, Brian M. Hauss, Emerson J. Sykes, John M. Greabe) (Defts Atty: Samuel R. V. Garland)(Total Hearing Time: 10 minutes) (jb)

JUDGMENT is hereby entered in accordance with 44 Order on Motion to Dismiss for Failure to State a Claim. The prevailing party may recover costs consistent with Fed. R. Civ. P. 54(d) and 28 U.S.C. § 1920. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (jb) (Entered: 01/19/2021)

In Chambers Conference

NOTICE of APPEAL OF DOCKET NOS. 44 AND 45 by Robert Frese.(Bissonnette, Gilles) (Entered: 01/20/2021)