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

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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 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.

On April 17, 2024, the plaintiffs filed an amended complaint that added Callyo 2009 Corp. and SHI International Corp. as defendants, alleging that they also conspired with the Massachusetts State Police to record plaintiffs.

On April 30, 2024, one of the parties submitted a formal refusal to consent to proceed before a U.S. Magistrate Judge. The specific party in question was not identified in the documentation. The case was reassigned to District Judge Margaret R. Guzman.

On June 28, 2024, SHI filed a motion to be dismissed as a party, while Motorola and Callyo filed a motion to dismiss the amended complaint. On January 15, 2025, a hearing to discuss the motion to dismiss the amended complaint was scheduled for February 28, 2025.

On February 27, 2025, the court granted SHI’s motion to be dismissed. The court reasoned that because SHI merely resold Motorola/Callyo products to the Massachusetts State Police, they took on a “more passive and ‘middleman’ role in the supply chain of Motorola devices to MSP.” The court held that the plaintiffs did not allege any facts indicating that SHI actually held liability in the case, or even that any of the identifiable intercepting devices were obtained by the Massachusetts State Police from SHI.

On February 28, 2025, the hearing for the motion to dismiss the amended complaint was held. On March 28, 2025, the court ordered the motion to be granted in part and dismissed in part. Counts I, III, and V were granted on the grounds that the plaintiffs had failed to demonstrate that Motorola was equivalent to a state actor, failed to allege that Motorola/Callyo made and then breached an express promise to comply with all laws, and failed to allege that sufficient facts to support their claim of an implied warranty of fitness that Motorola/Callyo had allegedly breached. The court denied the dismissal of the rest of the counts, and so the rest of the complaint remained standing.

On April 18, 2025, the Massachusetts State Police filed an appeal over the court’s order, requesting a motion to stay pending appeal. On April 21, 2025, Case #25-1386, Courtmanche v. Noble (“Noble” referring to the appellant from the Massachusetts State Police), was filed under the Court of Appeals First Circuit.

On April 25, 2025, Motorola and Callyo filed a motion for reconsideration of the court’s partial denial of the motion to dismiss the amended complaint, on the grounds that the denial was supposedly based on misapprehensions of the law.. The defendants also requested certification of interlocutory review 28 U.S.C. § 1292(b), so that the First Circuit Court of Appeals could consider these issues alongside the appeal filed by the Massachusetts State Police. On August 5, 2025, the district court denied reconsideration but granted certification of interlocutory review.

On August 12, 2025, Chief Appellate Judge David J. Barron, alongside Appellate Judges Gustavo A. Gelpi Jr. and Lara E. Montecalvo, denied the Massachusetts State Police’s motion to stay pending appeal.

As of November 25, 2025, litigation 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/

Attorney for Plaintiff

Bartenhagen, Erik P. (Massachusetts)

Batinsey, Christopher R. (Massachusetts)

Attorney for Defendant

Campbell, Andrea J. (Massachusetts)

Collins, Jeffrey T. (Massachusetts)

Cooper, Howard M. (Massachusetts)

Attorney for Plaintiff

Bartenhagen, Erik P. (Massachusetts)

Batinsey, Christopher R. (Massachusetts)

O'Connor, James L. (Massachusetts)

Walton, Christopher J. (Massachusetts)

Attorney for Defendant

Campbell, Andrea J. (Massachusetts)

Collins, Jeffrey T. (Massachusetts)

Cooper, Howard M. (Massachusetts)

Kelly, Siobhan E. (Massachusetts)

Kennedy, Alycia M. (Massachusetts)

Krouse, Michael Kim (Massachusetts)

Kurtz, David C. (Massachusetts)

Leskin, Lori B. (Massachusetts)

Papandrea, Robert (Massachusetts)

Paquette, Keith Andrew (Massachusetts)

Persky, Jonathan D. (Massachusetts)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 4:24-cv-40030	Complaint and Demand for Jury Trial	Feb. 22, 2024	Feb. 22, 2024 Complaint
8 4:24-cv-40030	First Amended Complaint and Demand for Jury Trial Courtemanche et al. v. Motorola Solutions, Inc. et al.	April 17, 2024	April 17, 2024 Complaint
12 4:24-cv-40030	Refusal to Consent to Proceed Before a US.. Magistrate Judge Courtemanche v. Motorola	April 30, 2024	April 30, 2024 Pleading / Motion / Brief
68 4:24-cv-40030	Order on Shi's Motion to Dismiss [ECF No. 31]	Feb. 27, 2025	Feb. 27, 2025 Order/Opinion 768 F.Supp.3d 211
72 4:24-cv-40030	Memorandum and Order	March 28, 2025	March 28, 2025 Order/Opinion 774 F.Supp.3d 289
102 4:24-cv-40030	Order on Defendants' Motion for Reconsideration and Certification Under 28 U.S.C. § 1292(b) (ECF. NO. 86)	Aug. 5, 2025	Aug. 5, 2025 Order/Opinion 793 F.Supp.3d 279

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Docket

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

Last updated July 28, 2026, 7:39 p.m.

Docket for: Courtemanche v. Motorola Solutions, Inc.

ECF Number	Date	Description	Link
1	Feb. 22, 2024	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)	Clearinghouse
2	Feb. 22, 2024	NOTICE of Appearance by Christopher R. Batinsey on behalf of Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams (Batinsey, Christopher) (Entered: 02/22/2024)	RECAP
3	Feb. 23, 2024	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)	RECAP
4	Feb. 23, 2024	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)	RECAP
5	Feb. 23, 2024	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)	RECAP
6	Feb. 23, 2024	Civil Cover Sheet & Category Sheet by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams. (O'Connor, James) (Entered: 02/23/2024)	RECAP
	Feb. 23, 2024	Notice - Other
	Feb. 23, 2024	Notice of Case Assignment to a Magistrate Judge
7	Feb. 28, 2024	NOTICE of Appearance by Christopher J. Walton on behalf of Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams (Walton, Christopher) (Entered: 02/28/2024)	RECAP
8	April 17, 2024	AMENDED COMPLAINT (First) against All Defendants, filed by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(O'Connor, James) (Entered: 04/17/2024)	Clearinghouse
9	April 19, 2024	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)	RECAP
10	April 30, 2024	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)	RECAP
11	April 30, 2024	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)	RECAP
12	April 30, 2024	Refusal to Consent to Proceed Before a US Magistrate Judge. . (O'Connor, James) (Entered: 04/30/2024)	Clearinghouse
13	April 30, 2024	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)	RECAP
14	April 30, 2024	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)	RECAP
	April 30, 2024	Notice of Case Assignment
15	May 2, 2024	NOTICE of Appearance by Howard M. Cooper on behalf of Callyo 2009 Corp., Motorola Solutions, Inc. (Cooper, Howard) (Entered: 05/02/2024)	RECAP
16	May 2, 2024	NOTICE of Appearance by Alycia M. Kennedy on behalf of Callyo 2009 Corp., Motorola Solutions, Inc. (Kennedy, Alycia) (Entered: 05/02/2024)	RECAP
17	May 2, 2024	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)	RECAP
18	May 3, 2024	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)	RECAP
	May 3, 2024	Order on Motion for Extension of Time to Answer
19	May 6, 2024	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)	RECAP
20	June 20, 2024	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)	RECAP
21	June 25, 2024	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)	RECAP
22	June 25, 2024	NOTICE of Appearance by Siobhan E. Kelly on behalf of John E Mawn, Jr (Kelly, Siobhan) (Entered: 06/25/2024)	RECAP
23	June 25, 2024	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)	RECAP
24	June 26, 2024	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)	RECAP
25	June 26, 2024	District Judge Margaret R. Guzman: ELECTRONIC ORDER entered finding as moot 20 Motion for Entry of Default. (Castles, Martin) (Entered: 06/26/2024)	RECAP
	June 26, 2024	Order on Motion for Extension of Time to Answer
	June 26, 2024	Order on Motion for Entry of Default
26	June 28, 2024	NOTICE of Appearance by Jonathan D. Persky on behalf of SHI International Corp. (Persky, Jonathan) (Entered: 06/28/2024)	RECAP
27	June 28, 2024	CORPORATE DISCLOSURE STATEMENT by SHI International Corp.. (Persky, Jonathan) (Entered: 06/28/2024)	RECAP
28	June 28, 2024	NOTICE of Appearance by David C. Kurtz on behalf of SHI International Corp. (Kurtz, David) (Entered: 06/28/2024)	RECAP
29	June 28, 2024	MOTION to Dismiss First Amended Complaint by Callyo 2009 Corp., Motorola Solutions, Inc..(Cooper, Howard) (Entered: 06/28/2024)	RECAP
30	June 28, 2024	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)	RECAP
31	June 28, 2024	MOTION to Dismiss by SHI International Corp..(Persky, Jonathan) (Entered: 06/28/2024)	RECAP
32	June 28, 2024	MEMORANDUM in Support re 31 MOTION to Dismiss filed by SHI International Corp.. (Persky, Jonathan) (Entered: 06/28/2024)	RECAP
33	July 2, 2024	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)	RECAP
34	July 2, 2024	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)	RECAP
35	July 2, 2024	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)	RECAP
36	July 2, 2024	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)	RECAP
	July 2, 2024	Order on Motion for Leave to Appear
37	July 8, 2024	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)	RECAP
38	July 8, 2024	CORPORATE DISCLOSURE STATEMENT by Callyo 2009 Corp., Motorola Solutions, Inc.. (Cooper, Howard) (Entered: 07/08/2024)	RECAP
39	July 9, 2024	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)	RECAP
	July 9, 2024	Order on Motion for Extension of Time to File Response/Reply
40	July 11, 2024	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)	RECAP
41	July 11, 2024	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)	RECAP
	July 11, 2024	Order on Motion for Extension of Time to File Response/Reply
42	Aug. 23, 2024	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)	RECAP
43	Aug. 23, 2024	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)	RECAP
44	Aug. 25, 2024	MOTION for Discovery by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(Batinsey, Christopher) (Entered: 08/25/2024)	RECAP
45	Aug. 27, 2024	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)	RECAP
	Aug. 27, 2024	Order on Motion for Extension of Time to Answer
46	Aug. 30, 2024	Opposition re 31 MOTION to Dismiss filed by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams. (O'Connor, James) (Entered: 08/30/2024)	RECAP
47	Aug. 30, 2024	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)	RECAP
48	Sept. 9, 2024	MEMORANDUM in Opposition re 44 MOTION for Discovery filed by Callyo 2009 Corp., Motorola Solutions, Inc.. (Cooper, Howard) (Entered: 09/09/2024)	RECAP
49	Sept. 30, 2024	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)	RECAP
50	Sept. 30, 2024	REPLY to Response to 31 MOTION to Dismiss filed by SHI International Corp.. (Persky, Jonathan) (Entered: 09/30/2024)	RECAP
51	Oct. 25, 2024	NOTICE of Appearance by Jeffrey T. Collins on behalf of John E Mawn, Jr (Collins, Jeffrey) (Entered: 10/25/2024)	RECAP
52	Oct. 25, 2024	NOTICE of Appearance by Robert Papandrea on behalf of John E Mawn, Jr (Papandrea, Robert) (Entered: 10/25/2024)	RECAP
53	Oct. 25, 2024	MOTION to Dismiss by John E Mawn, Jr.(Collins, Jeffrey) (Entered: 10/25/2024)	RECAP
54	Oct. 25, 2024	MEMORANDUM in Support re 53 MOTION to Dismiss filed by John E Mawn, Jr. (Collins, Jeffrey) (Entered: 10/25/2024)	RECAP
55	Oct. 29, 2024	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)	RECAP
56	Nov. 19, 2024	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)	RECAP
	Nov. 19, 2024	Order on Motion for Extension of Time to File Response/Reply
57	Nov. 27, 2024	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)	RECAP
58	Dec. 11, 2024	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)	RECAP
	Dec. 11, 2024	Notice Setting or Resetting Hearing on Motion
59	Dec. 12, 2024	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)	RECAP
60	Dec. 12, 2024	NOTICE of Appearance by Michael Kim Krouse on behalf of Callyo 2009 Corp., Motorola Solutions, Inc. (Krouse, Michael) (Entered: 12/12/2024)	RECAP
61	Dec. 12, 2024	NOTICE of Appearance by Lori B. Leskin on behalf of Callyo 2009 Corp., Motorola Solutions, Inc. (Leskin, Lori) (Entered: 12/12/2024)	RECAP
62	Dec. 13, 2024	District Judge Margaret R. Guzman: ORDER entered. MEMORANDUM AND ORDER denying 44 Motion for Discovery. (Frisch, Suzanne) (Entered: 12/13/2024)	RECAP
63	Dec. 13, 2024	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)	RECAP
	Dec. 13, 2024	Order on Motion for Leave to File Document
64	Dec. 16, 2024	REPLY to Response to 53 MOTION to Dismiss the First Amended Complaint filed by John E Mawn, Jr. (Collins, Jeffrey) (Entered: 12/16/2024)	RECAP
65	Dec. 19, 2024	Assented to MOTION to Continue by Callyo 2009 Corp., Motorola Solutions, Inc..(Cooper, Howard) (Entered: 12/19/2024)	RECAP
66	Jan. 10, 2025	ELECTRONIC NOTICE Canceling Hearing. The Court will decide the motion on the papers. (SF) (Entered: 01/10/2025)	RECAP
	Jan. 10, 2025	Notice Cancelling Hearing
67	Jan. 15, 2025	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)	RECAP
	Jan. 15, 2025	Notice Setting or Resetting Hearing on Motion
68	Feb. 27, 2025	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) (Entered: 02/27/2025)	Clearinghouse
69	Feb. 28, 2025	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)	RECAP
	Feb. 28, 2025	Motion Hearing AND Order on Motion to Dismiss AND Order on Motion to Dismiss
70	March 24, 2025	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)	RECAP
71	March 24, 2025	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)	RECAP
	March 24, 2025	Notice of Filing of Official Transcript
72	March 28, 2025	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) (Entered: 03/28/2025)	Clearinghouse
73	April 2, 2025	NOTICE of Change of Address or Firm Name by James L. O'Connor, Jr (O'Connor, James) (Entered: 04/02/2025)	RECAP
74	April 9, 2025	NOTICE of Change of Address or Firm Name by Robert Papandrea (Papandrea, Robert) (Entered: 04/09/2025)	RECAP
75	April 18, 2025	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)	RECAP
76	April 18, 2025	Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 75 Notice of Appeal. (MAP) (Entered: 04/18/2025)	RECAP
77	April 21, 2025	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)	RECAP
78	April 21, 2025	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)	RECAP
79	April 21, 2025	USCA Case Number 25-1386 for 75 Notice of Appeal, filed by John E Mawn, Jr. (MAP) (Entered: 04/21/2025)	RECAP
	April 21, 2025	USCA Case Number
80	April 22, 2025	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)	RECAP
81	April 23, 2025	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)	RECAP
82	April 25, 2025	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)	RECAP

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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

Private Entity/Person

Callyo 2009

Motorola Solutions Inc.

State

State of Massachusetts

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

Other Dockets:

District of Massachusetts 4:24-cv-40030

U.S. Court of Appeals for the First Circuit 25-01386

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Failure to supervise

Failure to train

Records Disclosure

Recommended Citation

Case Summary of Courtemanche v. Motorola Solutions, Inc., Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45295/ (last updated 3/24/2024).