Case: Courtemanche v. Motorola Solutions, Inc.

4:24-cv-40030 | U.S. District Court for the District of Massachusetts

Filed Date: Feb. 22, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a class action lawsuit seeking monetary relief to remedy the Massachusetts State Police practice of secretly recording state residents. On February 22, 2024, plaintiffs filed a class action lawsuit against Motorola Solutions and the Interim Superintendent of the Massachusetts State Police in the United States District Court for the District of Massachusetts. Represented by private counsel, plaintiffs sought damages and equitable relief on behalf of themselves individually, and on behalf…

This is a class action lawsuit seeking monetary relief to remedy the Massachusetts State Police practice of secretly recording state residents. On February 22, 2024, plaintiffs filed a class action lawsuit against Motorola Solutions and the Interim Superintendent of the Massachusetts State Police in the United States District Court for the District of Massachusetts. Represented by private counsel, plaintiffs sought damages and equitable relief on behalf of themselves individually, and on behalf of “[a]ll persons who were audio recorded, without their consent and without a warrant, by the Massachusetts State Police using Motorola intercepting devices.” Plaintiffs brought claims under 42 U.S.C. § 1983 and state law, alleging violations of the Fourth and Fifth Amendments, as incorporated against the states by the Fourteenth Amendment, and the Massachusetts Wiretap Statute. 

Plaintiffs claimed that Motorola, a video and telecommunications service provider, acted under color of state law in conspiring with the Massachusetts State Police to surreptitiously record plaintiffs’ private communications. The complaint alleges that Motorola refused to modify its intercepting devices to not record by default, despite knowing that these devices would not comply with the state wiretap law. Plaintiffs also claimed that the Massachusetts State Police used evidence obtained from the secret audio recordings to conduct additional investigations, failing to comply with the warrant requirements of the wiretap statute and the Fourth Amendment. The police department also maintained a database of these recordings, but allegedly failed to produce them for use as exculpatory evidence at trial. 

The case was assigned to Magistrate Judge David H. Hennessy. 

As of March 24, 2024, this case is ongoing. 

 

Summary Authors

Grayson Metzger (3/24/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68275213/parties/courtemanche-v-motorola-solutions-inc/


Judge(s)

Hennessy, David H. (Massachusetts)

Attorney for Plaintiff

Batinsey, Christopher R. (Massachusetts)

Attorney for Defendant

Collins, Jeffrey T. (Massachusetts)

Cooper, Howard M. (Massachusetts)

Kelly, Siobhan E. (Massachusetts)

show all people

Documents in the Clearinghouse

Document
1

4:24-cv-40030

Complaint and Demand for Jury Trial

Feb. 22, 2024

Feb. 22, 2024

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68275213/courtemanche-v-motorola-solutions-inc/

Last updated Sept. 27, 2025, 9:47 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Filing fee: $ 405, receipt number AMADC-10282151 (Fee Status: Filing Fee paid), filed by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams. (Attachments: # 1 complaint)(O'Connor, James) Modified text on 2/23/2024 (Barrows, Jennifer). (Entered: 02/22/2024)

Feb. 22, 2024

Feb. 22, 2024

Clearinghouse
2

NOTICE of Appearance by Christopher R. Batinsey on behalf of Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams (Batinsey, Christopher) (Entered: 02/22/2024)

Feb. 22, 2024

Feb. 22, 2024

PACER
3

NOTICE of Case Assignment. Magistrate Judge David H. Hennessy assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Barrows, Jennifer) (Entered: 02/23/2024)

Feb. 23, 2024

Feb. 23, 2024

PACER
4

ELECTRONIC NOTICE TO COUNSEL: re 1 Complaint. Counsel shall complete and file in PDF format a Civil Cover Sheet and Category Form. The forms can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (Barrows, Jennifer) (Entered: 02/23/2024)

Feb. 23, 2024

Feb. 23, 2024

PACER
5

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Barrows, Jennifer) (Entered: 02/23/2024)

Feb. 23, 2024

Feb. 23, 2024

PACER
6

Civil Cover Sheet & Category Sheet by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams. (O'Connor, James) (Entered: 02/23/2024)

Feb. 23, 2024

Feb. 23, 2024

PACER

Notice - Other

Feb. 23, 2024

Feb. 23, 2024

PACER

Notice of Case Assignment to a Magistrate Judge

Feb. 23, 2024

Feb. 23, 2024

PACER
7

NOTICE of Appearance by Christopher J. Walton on behalf of Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams (Walton, Christopher) (Entered: 02/28/2024)

Feb. 28, 2024

Feb. 28, 2024

PACER
8

AMENDED COMPLAINT (First) against All Defendants, filed by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(O'Connor, James) (Entered: 04/17/2024)

April 17, 2024

April 17, 2024

RECAP
9

Summons Issued as to Callyo 2009 Corp., SHI International Corp.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Barrows, Jennifer) (Entered: 04/19/2024)

April 19, 2024

April 19, 2024

PACER
10

WAIVER OF SERVICE Returned Executed by Juan Rios, Brett Foresman, Jason Courtemanche, Dennis Williams. Callyo 2009 Corp. waiver sent on 4/26/2024, answer due 6/25/2024. (O'Connor, James) (Entered: 04/30/2024)

April 30, 2024

April 30, 2024

PACER
11

WAIVER OF SERVICE Returned Executed by Juan Rios, Brett Foresman, Jason Courtemanche, Dennis Williams. Motorola Solutions, Inc. waiver sent on 4/26/2024, answer due 6/25/2024. (O'Connor, James) (Entered: 04/30/2024)

April 30, 2024

April 30, 2024

PACER
12

Refusal to Consent to Proceed Before a US Magistrate Judge. . (O'Connor, James) (Entered: 04/30/2024)

April 30, 2024

April 30, 2024

PACER
13

ELECTRONIC NOTICE of Case Reassignment. District Judge Margaret R. Guzman assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (Burgos, Sandra) (Entered: 04/30/2024)

April 30, 2024

April 30, 2024

PACER
14

WAIVER OF SERVICE Returned Executed by Juan Rios, Brett Foresman, Jason Courtemanche, Dennis Williams. SHI International Corp. waiver sent on 4/24/2024, answer due 6/24/2024. (Batinsey, Christopher) (Entered: 04/30/2024)

April 30, 2024

April 30, 2024

PACER

Notice of Case Assignment

April 30, 2024

April 30, 2024

PACER
15

NOTICE of Appearance by Howard M. Cooper on behalf of Callyo 2009 Corp., Motorola Solutions, Inc. (Cooper, Howard) (Entered: 05/02/2024)

May 2, 2024

May 2, 2024

PACER
16

NOTICE of Appearance by Alycia M. Kennedy on behalf of Callyo 2009 Corp., Motorola Solutions, Inc. (Kennedy, Alycia) (Entered: 05/02/2024)

May 2, 2024

May 2, 2024

PACER
17

Assented to MOTION for Extension of Time to Respond to Plaintiffs' First Amended Complaint and Demand for Jury Trial by Callyo 2009 Corp., Motorola Solutions, Inc..(Cooper, Howard) Modified on 5/3/2024 (Castles, Martin). (Entered: 05/02/2024)

May 2, 2024

May 2, 2024

PACER
18

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 17 Motion for Extension of Time to Answer. Callyo 2009 Corp. answer due 6/28/2024; Motorola Solutions, Inc. answer due 6/28/2024. (Castles, Martin) (Entered: 05/03/2024)

May 3, 2024

May 3, 2024

PACER

Order on Motion for Extension of Time to Answer

May 3, 2024

May 3, 2024

PACER
19

WAIVER OF SERVICE Returned Executed by Juan Rios, Brett Foresman, Jason Courtemanche, Dennis Williams. John E Mawn, Jr waiver sent on 4/17/2024, answer due 6/17/2024. (Batinsey, Christopher) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
20

MOTION for Entry of Default against Defendant Colonel J. Mawn, Jr., in his official capacity as Interim Superintendent of the Massachusetts State Police by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams. (Attachments: # 1 Affidavit Affidavit of Counsel)(O'Connor, James) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

PACER
21

Supplemental Certificate of Service by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams. Amendment to 20 MOTION for Entry of Default against Defendant Colonel J. Mawn, Jr., in his official capacity as Interim Superintendent of the Massachusetts State Police Supplemental Certificate of Service. (O'Connor, James) Modified text on 6/26/2024 (Barrows, Jennifer). (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

PACER
22

NOTICE of Appearance by Siobhan E. Kelly on behalf of John E Mawn, Jr (Kelly, Siobhan) (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

PACER
23

First MOTION for Extension of Time to August 26, 2024 to File Response/Reply to First Amended Complaint by John E Mawn, Jr.(Kelly, Siobhan) Modified on 6/26/2024 (Castles, Martin). (Entered: 06/25/2024)

June 25, 2024

June 25, 2024

PACER
24

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 23 Motion for Extension of Time to Answer. John E Mawn, Jr answer due 8/26/2024. (Castles, Martin) (Entered: 06/26/2024)

June 26, 2024

June 26, 2024

PACER
25

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered finding as moot 20 Motion for Entry of Default. (Castles, Martin) (Entered: 06/26/2024)

June 26, 2024

June 26, 2024

PACER

Order on Motion for Extension of Time to Answer

June 26, 2024

June 26, 2024

PACER

Order on Motion for Entry of Default

June 26, 2024

June 26, 2024

PACER
26

NOTICE of Appearance by Jonathan D. Persky on behalf of SHI International Corp. (Persky, Jonathan) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
27

CORPORATE DISCLOSURE STATEMENT by SHI International Corp.. (Persky, Jonathan) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
28

NOTICE of Appearance by David C. Kurtz on behalf of SHI International Corp. (Kurtz, David) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
29

MOTION to Dismiss First Amended Complaint by Callyo 2009 Corp., Motorola Solutions, Inc..(Cooper, Howard) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

RECAP
30

MEMORANDUM in Support re 29 MOTION to Dismiss First Amended Complaint filed by Callyo 2009 Corp., Motorola Solutions, Inc.. (Cooper, Howard) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
31

MOTION to Dismiss by SHI International Corp..(Persky, Jonathan) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
32

MEMORANDUM in Support re 31 MOTION to Dismiss filed by SHI International Corp.. (Persky, Jonathan) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
33

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Michael Kim Krouse, Esq. Filing fee: $ 125, receipt number AMADC-10489495 by Callyo 2009 Corp., Motorola Solutions, Inc.. (Attachments: # 1 Affidavit Affidavit)(Cooper, Howard) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

PACER
34

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Lori B. Leskin, Esq. Filing fee: $ 125, receipt number AMADC-10489554 by Callyo 2009 Corp., Motorola Solutions, Inc.. (Attachments: # 1 Affidavit Affidavit)(Cooper, Howard) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

PACER
35

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 33 Motion for Leave to Appear Pro Hac Vice Added Michael Kim Krouse, Esq.. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Barrows, Jennifer) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

PACER
36

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 34 Motion for Leave to Appear Pro Hac Vice Added Lori B. Leskin, Esq.. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Barrows, Jennifer) (Entered: 07/02/2024)

July 2, 2024

July 2, 2024

PACER

Order on Motion for Leave to Appear

July 2, 2024

July 2, 2024

PACER
37

Assented to MOTION for Extension of Time to August 30, 2024 to File Response/Reply as to 31 MOTION to Dismiss by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(O'Connor, James) (Entered: 07/08/2024)

July 8, 2024

July 8, 2024

PACER
38

CORPORATE DISCLOSURE STATEMENT by Callyo 2009 Corp., Motorola Solutions, Inc.. (Cooper, Howard) (Entered: 07/08/2024)

July 8, 2024

July 8, 2024

PACER
39

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 37 Motion for Extension of Time to File Response as to 31 MOTION to Dismiss and 29 MOTION to Dismiss First Amended Complaint. Responses due by 8/30/2024. (Castles, Martin) (Entered: 07/09/2024)

July 9, 2024

July 9, 2024

PACER

Order on Motion for Extension of Time to File Response/Reply

July 9, 2024

July 9, 2024

PACER
40

Joint MOTION for Extension of Time to August 30, 2024 to File Response/Reply as to 29 MOTION to Dismiss First Amended Complaint and for any Reply to Plaintiff's Opposition to September 30, 2024 by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(O'Connor, James) (Entered: 07/11/2024)

July 11, 2024

July 11, 2024

PACER
41

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 40 Motion for Extension of Time to File Response/Reply re 29 MOTION to Dismiss First Amended Complaint. Response due by 8/30/2024, Reply due by 9/30/2024. (Castles, Martin) (Entered: 07/11/2024)

July 11, 2024

July 11, 2024

PACER

Order on Motion for Extension of Time to File Response/Reply

July 11, 2024

July 11, 2024

PACER
42

NOTICE of Limited Appearance by Keith Andrew Paquette on behalf of John E Mawn, Jr (Paquette, Keith) Modified on 8/26/2024 (Barrows, Jennifer). (Entered: 08/23/2024)

Aug. 23, 2024

Aug. 23, 2024

PACER
43

Second MOTION for Extension of Time to October 25, 2024 to File Answer to Plaintiff's First Amended Complaint and Demand for Jury Trial by John E Mawn, Jr.(Paquette, Keith) (Entered: 08/23/2024)

Aug. 23, 2024

Aug. 23, 2024

PACER
44

MOTION for Discovery by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(Batinsey, Christopher) (Entered: 08/25/2024)

Aug. 25, 2024

Aug. 25, 2024

PACER
45

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 43 Motion for Extension of Time to October 25, 2024 by John E. Mawn, Jr.to File Answer. Answer to Plaintiff's First Amended Complaint due 10/25/2024. (Frisch, Suzanne) (Entered: 08/27/2024)

Aug. 27, 2024

Aug. 27, 2024

PACER

Order on Motion for Extension of Time to Answer

Aug. 27, 2024

Aug. 27, 2024

PACER
46

Opposition re 31 MOTION to Dismiss filed by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams. (O'Connor, James) (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
47

Opposition re 29 MOTION to Dismiss First Amended Complaint filed by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams. (O'Connor, James) (Entered: 08/30/2024)

Aug. 30, 2024

Aug. 30, 2024

PACER
48

MEMORANDUM in Opposition re 44 MOTION for Discovery filed by Callyo 2009 Corp., Motorola Solutions, Inc.. (Cooper, Howard) (Entered: 09/09/2024)

Sept. 9, 2024

Sept. 9, 2024

PACER
49

REPLY to Response to 29 MOTION to Dismiss First Amended Complaint filed by Callyo 2009 Corp., Motorola Solutions, Inc.. (Cooper, Howard) (Entered: 09/30/2024)

Sept. 30, 2024

Sept. 30, 2024

RECAP
50

REPLY to Response to 31 MOTION to Dismiss filed by SHI International Corp.. (Persky, Jonathan) (Entered: 09/30/2024)

Sept. 30, 2024

Sept. 30, 2024

PACER
51

NOTICE of Appearance by Jeffrey T. Collins on behalf of John E Mawn, Jr (Collins, Jeffrey) (Entered: 10/25/2024)

Oct. 25, 2024

Oct. 25, 2024

PACER
52

NOTICE of Appearance by Robert Papandrea on behalf of John E Mawn, Jr (Papandrea, Robert) (Entered: 10/25/2024)

Oct. 25, 2024

Oct. 25, 2024

PACER
53

MOTION to Dismiss by John E Mawn, Jr.(Collins, Jeffrey) (Entered: 10/25/2024)

Oct. 25, 2024

Oct. 25, 2024

PACER
54

MEMORANDUM in Support re 53 MOTION to Dismiss filed by John E Mawn, Jr. (Collins, Jeffrey) (Entered: 10/25/2024)

Oct. 25, 2024

Oct. 25, 2024

PACER
55

MOTION for Extension of Time to December 2, 2024 to File Response/Reply as to 53 MOTION to Dismiss by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(O'Connor, James) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

PACER
56

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 55 Motion for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss. Responses due by 12/2/2024. (Frisch, Suzanne) (Entered: 11/19/2024)

Nov. 19, 2024

Nov. 19, 2024

PACER

Order on Motion for Extension of Time to File Response/Reply

Nov. 19, 2024

Nov. 19, 2024

PACER
57

Opposition re 53 MOTION to Dismiss filed by Jason Courtemanche, Juan Rios, Dennis Williams. (Attachments: # 1 Exhibit October 15, 2024 Order and Docket Report, # 2 Exhibit March 6, 2024 Order and Findings Pursuant to Motion to Dismiss, # 3 Exhibit July 08, 2024 Decision and Order)(Batinsey, Christopher) (Entered: 11/27/2024)

Nov. 27, 2024

Nov. 27, 2024

PACER
58

ELECTRONIC NOTICE Setting Hearing on Motion 29 MOTION to Dismiss First Amended Complaint by Callyo 2009 Corp, Motorola Solutions, Inc, 31 MOTION to Dismiss by SHI International Corp, 53 MOTION to Dismiss by John E Mawn, Jr. Motion Hearing set for 1/22/2025 at 10:00 AM in Courtroom 2 - Worcester (in person only) before District Judge Margaret R. Guzman. (Frisch, Suzanne) (Entered: 12/11/2024)

Dec. 11, 2024

Dec. 11, 2024

PACER

Notice Setting or Resetting Hearing on Motion

Dec. 11, 2024

Dec. 11, 2024

PACER
59

MOTION for Leave to File Reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss by John E Mawn, Jr.(Collins, Jeffrey) (Entered: 12/12/2024)

Dec. 12, 2024

Dec. 12, 2024

PACER
60

NOTICE of Appearance by Michael Kim Krouse on behalf of Callyo 2009 Corp., Motorola Solutions, Inc. (Krouse, Michael) (Entered: 12/12/2024)

Dec. 12, 2024

Dec. 12, 2024

PACER
61

NOTICE of Appearance by Lori B. Leskin on behalf of Callyo 2009 Corp., Motorola Solutions, Inc. (Leskin, Lori) (Entered: 12/12/2024)

Dec. 12, 2024

Dec. 12, 2024

PACER
62

District Judge Margaret R. Guzman: ORDER entered. MEMORANDUM AND ORDER denying 44 Motion for Discovery. (Frisch, Suzanne) (Entered: 12/13/2024)

Dec. 13, 2024

Dec. 13, 2024

RECAP
63

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 59 Motion for Leave to File Reply to Plaintiffs' Opposition. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on December 13, 2024 - in the caption of the document. (Frisch, Suzanne) (Entered: 12/13/2024)

Dec. 13, 2024

Dec. 13, 2024

PACER

Order on Motion for Leave to File Document

Dec. 13, 2024

Dec. 13, 2024

PACER
64

REPLY to Response to 53 MOTION to Dismiss the First Amended Complaint filed by John E Mawn, Jr. (Collins, Jeffrey) (Entered: 12/16/2024)

Dec. 16, 2024

Dec. 16, 2024

PACER
65

Assented to MOTION to Continue by Callyo 2009 Corp., Motorola Solutions, Inc..(Cooper, Howard) (Entered: 12/19/2024)

Dec. 19, 2024

Dec. 19, 2024

PACER
66

ELECTRONIC NOTICE Canceling Hearing. The Court will decide the motion on the papers. (SF) (Entered: 01/10/2025)

Jan. 10, 2025

Jan. 10, 2025

PACER

Notice Cancelling Hearing

Jan. 10, 2025

Jan. 10, 2025

PACER
67

ELECTRONIC NOTICE Setting Hearing on 29 MOTION to Dismiss First Amended Complaint, 53 MOTION to Dismiss, 31 MOTION to Dismiss: Motion Hearing set for 2/28/2025 at 11:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Margaret R. Guzman. (SF) (Entered: 01/15/2025)

Jan. 15, 2025

Jan. 15, 2025

PACER

Notice Setting or Resetting Hearing on Motion

Jan. 15, 2025

Jan. 15, 2025

PACER
68

District Judge Margaret R. Guzman: ORDER entered. MEMORANDUM AND ORDER granting 31 SHI'S Motion to Dismiss. For the foregoing reasons, SHI's Motion to Dismiss is GRANTED. As SHI is no longer a party, it relieved of any obligation to attend the motion hearing on 2/28/25. (SF)

Feb. 27, 2025

Feb. 27, 2025

RECAP
69

Electronic Clerk's Notes for proceedings held before District Judge Margaret R. Guzman: Motion Hearing held on 2/28/2025 re 29 MOTION to Dismiss filed by Motorola Solutions, Inc., Callyo 2009 Corp. and 53 MOTION to Dismiss filed by John E Mawn. Case called. Counsel appear for motion hearing. Court hears argument from counsel and takes motions under advisement. (Court Reporter: Jessica Leonard at jessicamichaelleonard@gmail.com) (Attorneys present: O'Connor, Battinsey, Walton, Cooper, Collins, Papandrea) (SF) (Entered: 02/28/2025)

Feb. 28, 2025

Feb. 28, 2025

PACER

Motion Hearing AND Order on Motion to Dismiss AND Order on Motion to Dismiss

Feb. 28, 2025

Feb. 28, 2025

PACER
70

Transcript of Motion Hearing held on February 28, 2025, before Judge Margaret R. Guzman. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Jessica Leonard at jessicamichaelleonard@gmail.com. Redaction Request due 4/14/2025. Redacted Transcript Deadline set for 4/24/2025. Release of Transcript Restriction set for 6/23/2025. (DRK) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
71

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
72

District Judge Margaret R. Guzman: ORDER entered. MEMORANDUM AND ORDER. For the foregoing reasons, Defendants' Motions to Dismiss are GRANTED IN PART and DENIED IN PART as follows: Defendants Motorola and Callyo's Motion to Dismiss 29 is GRANTED as to Counts I, III, and V and DENIED as to Counts II, IV and VII; Noble/MSPs Motion to Dismiss 53 is DENIED as to Count IX and DENIED AS MOOT as to Count VIII. SO ORDERED. (SF)

March 28, 2025

March 28, 2025

RECAP
73

NOTICE of Change of Address or Firm Name by James L. O'Connor, Jr (O'Connor, James) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
74

NOTICE of Change of Address or Firm Name by Robert Papandrea (Papandrea, Robert) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
75

NOTICE OF APPEAL as to 72 Order on Motion to Dismiss,, Order on Motion to Continue,,, by John E Mawn, Jr. Filing fee: $ 605, receipt number AMADC-10961339 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 5/8/2025. (Collins, Jeffrey) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
76

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 75 Notice of Appeal. (MAP) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
77

MOTION for Entry of Default COLONEL GEOFFREY D. NOBLE Superintendent of the Massachusetts State Police, in his official capacity by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(Batinsey, Christopher) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
78

MOTION for Entry of Default against Defendants MOTOROLA SOLUTIONS INC. AND CALLYO 2009 CORP. by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(Batinsey, Christopher) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
79

USCA Case Number 25-1386 for 75 Notice of Appeal, filed by John E Mawn, Jr. (MAP) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER

USCA Case Number

April 21, 2025

April 21, 2025

PACER
80

Opposition re 77 MOTION for Entry of Default COLONEL GEOFFREY D. NOBLE Superintendent of the Massachusetts State Police, in his official capacity filed by John E Mawn, Jr. (Attachments: # 1 Exhibit A. Email Correspondence)(Collins, Jeffrey) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
81

Assented to MOTION for Extension of Time to April 28, 2025 to File Answer re 8 Amended Complaint by Callyo 2009 Corp., Motorola Solutions, Inc..(Cooper, Howard) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
82

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered finding as moot 78 Motion for Entry of Default against Defendants Motorola Solutions, Inc. and Callyo 2009 Corp; granting 81 Motion for Extension of Time to Answer; Callyo 2009 Corp. answer due 4/28/2025; Motorola Solutions, Inc. answer due 4/28/2025. (LB) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
83

MOTION For Relief Pursuant to Fed.R.Civ.P.60(b)(6) by John E Mawn, Jr.(Collins, Jeffrey) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Policing

Key Dates

Filing Date: Feb. 22, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who were audio recorded, without their consent and without a warrant, by the Massachusetts State Police using Motorola intercepting devices.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Motorola Solutions Inc. (- United States (national) -), Private Entity/Person

State of Massachusetts, State

Defendant Type(s):

Law-enforcement

Retailer

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Failure to supervise

Failure to train

Records Disclosure