Case: Smith v. Fitzpatrick

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the First Circuit

COMPLAINT against JOSEPH FITZPATRICK, SHAWN D GILLEN with Jury Demand PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by ZACHARY SMITH. (Service of Process Deadline 10/24/2018) Fee due by 7/30/2018.(bfa) (Entered: 07/26/2018)

CIVIL COVER SHEET. (bfa) (Entered: 07/26/2018)

Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1875813.), filed by ZACHARY SMITH.(HEIDEN, ZACHARY)

Emergency MOTION for Preliminary Injunction, Emergency MOTION for Temporary Restraining Order with expedited response by ZACHARY SMITH Responses due by 8/16/2018. (Attachments: # 1 Attachment A, DOJ Investigation, # 2 Zachary Smith Declaration, # 3 Cindy Levasseur Declaration, # 4 Dr. Conner Declaration, # 5 Dr. Fellers Declaration)(BOND, EMMA) Modified on 7/26/2018 to clean up duplicate exhibit text (mnw). (Entered: 07/26/2018)

Summons Issued as to JOSEPH FITZPATRICK & SHAWN D GILLEN. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). First Attached Document: Fitzpatrick Summons (Attachments: # 1 Gillen Summons)(mnw) (Entered: 07/26/2018)

NOTICE of Appearance by PETER T. MARCHESI on behalf of SHAWN D GILLEN (MARCHESI, PETER) (Entered: 07/27/2018)

NOTICE of Appearance by CASSANDRA S. SHAFFER on behalf of SHAWN D GILLEN (SHAFFER, CASSANDRA) (Entered: 07/27/2018)

NOTICE OF HEARING: Conference of Counsel set for 7/30/2018 at 3:00 PM in Judge Torresen's Chambers in Portland before JUDGE NANCY TORRESEN. (mnw) (Entered: 07/27/2018)

Minute Entry for proceedings held before JUDGE NANCY TORRESEN. Conference of Counsel held. (Court Reporter: Dennis Ford) (mnw) (Entered: 07/30/2018)

ORAL ORDER terminating 3 Motion for TRO. The motion will proceed as an Expedited Preliminary Injunction only. By JUDGE NANCY TORRESEN. (mnw) (Entered: 07/30/2018)

ORDER - The parties have been directed to ascertain whether the State Court would consider a 30-day continuance of the sentencing hearing in order to allow discovery and an evidentiary hearing on a more realistic schedule. The parties shall advise the Court by August 2, 2018, of whether the State Court will grant that continuance. By JUDGE NANCY TORRESEN. (mnw) (Entered: 07/30/2018)

Consent MOTION for Confidentiality Order and report on state court proceedings by ZACHARY SMITH Responses due by 8/23/2018. (Attachments: # 1 Attachment 1 - State Court Order, # 2 Attachment 2 - Proposed Confidentiality Order)(BOND, EMMA) (Entered: 08/02/2018)

CONFIDENTIALITY ORDER granting 11 Motion for Confidentiality Order By JUDGE NANCY TORRESEN. (jib) (Entered: 08/03/2018)

NOTICE of Appearance by JAMES E. FORTIN on behalf of JOSEPH FITZPATRICK (FORTIN, JAMES) (Entered: 08/06/2018)

NOTICE OF HEARING re 3 Emergency MOTION for Preliminary Injunction :Evidentiary Hearing set to begin on 9/10/2018 at 8:30 AM in Bangor Courtroom 1 before JUDGE NANCY TORRESEN. The court has reserved two days for this evidentiary hearing. The schedule will be 8:30 a.m. to 4:30 p.m. with a lunch recess. (mnw) (Entered: 08/08/2018)

Reset Deadlines as to 3 Emergency MOTION for Preliminary Injunction : Per Order of U.S. Chief District Judge Nancy Torresen - Responses due by 8/24/2018. Reply due by 8/31/2018. (mnw)

Unopposed MOTION to Amend Scheduling Order for evidentiary hearing by ZACHARY SMITH Responses due by 9/4/2018. (BOND, EMMA) (Entered: 08/14/2018)

WAIVER OF SERVICE Returned Executed JOSEPH FITZPATRICK waiver sent on 8/3/2018. (BOND, EMMA) (Entered: 08/14/2018)

ORDER granting 15 Motion to Amend Scheduling Order. Given the parties unavailability in September, the hearing on the preliminary injunction shall be set for October 2, 3, and 4, 2018. The parties are hereby advised that the Court may not rule on, or before, September 6, 2018. By JUDGE NANCY TORRESEN. (MMB) (Entered: 08/15/2018)

AMENDED ORDER granting 15 Motion to Amend Scheduling Order. Given the parties unavailability in September, the hearing on the preliminary injunction shall be set for October 2, 3, and 4, 2018. The parties are hereby advised that the Court may not rule on, or before, October 13, 2018. By JUDGE NANCY TORRESEN. (MMB) (Entered: 08/15/2018)

Set Answer Deadline for JOSEPH FITZPATRICK - Per Waiver of Service Executed #16: Answer due by 10/2/2018. (mnw)

NOTICE OF RESCHEDULED HEARING re 3 Emergency MOTION for Preliminary Injunction : Motion Hearing set to begin on 10/2/2018 at 8:30 AM in Bangor Courtroom 1 before JUDGE NANCY TORRESEN. The court has reserved 3 days for this hearing. Hearing days will be from 8:30 a.m. to 2:30 p.m. with two 15 minute recesses. (mnw) (Entered: 08/15/2018)

WAIVER OF SERVICE Returned Executed SHAWN D GILLEN waiver sent on 8/3/2018. (BOND, EMMA) (Entered: 08/23/2018)

RESPONSE in Opposition re 3 Emergency MOTION for Preliminary Injunction filed by SHAWN D GILLEN. Reply due by 9/6/2018. (Attachments: # 1 Exhibit 1 - Policies, # 2 Exhibit 2 - Agreement, # 3 Exhibit 3 - COWS, # 4 Exhibit 4 - OWP, # 5 Affidavit of Craig Clossey, # 6 Affidavit of Alison Willette, # 7 Exhibit 1 to Willette Affidavit - COWS, # 8 Exhibit 2 to Willette Affidavit - OWP)(MARCHESI, PETER) Modified on 8/30/2018 to clean up text (mnw). (Entered: 08/23/2018)

Unopposed MOTION to Extend Time August 29, 2018 by JOSEPH FITZPATRICK Responses due by 9/14/2018. (FORTIN, JAMES) (Entered: 08/24/2018)

Set Answer Deadline for SHAWN D GILLEN - Per Waiver of Service Executed #20: Answer due by 10/2/2018. (mnw)

Reset Deadlines as to 3 Emergency MOTION for Preliminary Injunction : Reply due by 8/31/2018. (mnw)

ORDER granting 22 Motion to Extend Time By JUDGE NANCY TORRESEN. (MMB) (Entered: 08/24/2018)

Reset Deadlines as to 3 Emergency MOTION for Preliminary Injunction - Per Order #23: Response due by 8/29/2018. (mnw)

RESPONSE in Opposition re 3 Emergency MOTION for Preliminary Injunction filed by JOSEPH FITZPATRICK. Reply due by 9/11/2018. (Attachments: # 1 Affidavit Robert Clinton, # 2 Affidavit Gary LaPlante, # 3 Exhibit Drug Screening Summaries, # 4 Affidavit Matthew Steinback)(FORTIN, JAMES) Modified on 8/30/2018 to clean up text (mnw). (Entered: 08/28/2018)

Reset Deadlines as to 3 Emergency MOTION for Preliminary Injunction - pursuant to the briefing schedule previously established: Reply due by 8/31/2018. (lrc)

REPLY to Response to Motion re 3 Emergency MOTION for Preliminary Injunction filed by ZACHARY SMITH. (Attachments: # 1 Smith Supplemental Declaration, # 2 MacDonald Declaration, # 3 MacDonald Declaration - Exhibit 1, # 4 MacDonald Declaration - Exhibit 2, # 5 MacDonald Declaration - Exhibit 3, # 6 MacDonald Declaration - Exhibit 4, # 7 MacDonald Declaration - Exhibit 5, # 8 MacDonald Declaration - Exhibit 6, # 9 MacDonald Declaration - Exhibit 7, # 10 MacDonald Declaration - Exhibit 8, # 11 MacDonald Declaration - Exhibit 9, # 12 MacDonald Declaration - Exhibit 10, # 13 MacDonald Declaration - Exhibit 11, # 14 MacDonald Declaration - Exhibit 12, # 15 MacDonald Declaration - Exhibit 13, # 16 MacDonald Declaration - Exhibit 14, # 17 MacDonald Declaration - Exhibit 15)(BOND, EMMA) Modified on 9/4/2018 to clean up text (mnw). (Entered: 08/31/2018)

1 Smith Supplemental Declaration

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2 MacDonald Declaration

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3 MacDonald Declaration - Exhibit 1

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4 MacDonald Declaration - Exhibit 2

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5 MacDonald Declaration - Exhibit 3

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6 MacDonald Declaration - Exhibit 4

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7 MacDonald Declaration - Exhibit 5

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8 MacDonald Declaration - Exhibit 6

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9 MacDonald Declaration - Exhibit 7

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10 MacDonald Declaration - Exhibit 8

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11 MacDonald Declaration - Exhibit 9

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12 MacDonald Declaration - Exhibit 10

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13 MacDonald Declaration - Exhibit 11

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14 MacDonald Declaration - Exhibit 12

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15 MacDonald Declaration - Exhibit 13

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16 MacDonald Declaration - Exhibit 14

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17 MacDonald Declaration - Exhibit 15

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CERTIFICATION for Admission Pro Hac Vice of Gabriel B. Eber filed by ZACHARY L. HEIDEN on behalf of ZACHARY SMITH (Total admission fee $ 100 receipt number 0100-1894454.) (HEIDEN, ZACHARY) (Entered: 09/04/2018)

Set Deadlines : Attorney Gabriel B. Eber shall register for the District of Maine's Electronic Case Filing (ECF) System by 9/12/2018. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (mnw)

MOTION to supplement reply brief with declaration from Edmond Hayes by ZACHARY SMITH Responses due by 10/9/2018. (Attachments: # 1 Declaration of Edmond Hayes, Assistant Superintendent of Franklin County Jail, # 2 Exhibit 1 - resume, # 3 Exhibit 2 - Protocol for MAT, # 4 Exhibit 3 - Dispensing Protocol for MAT, # 5 Exhibit 4 - SAMHSA, # 6 Exhibit 5 - Franklin County Lead Case, # 7 Exhibit 6 - Massachusetts Data, # 8 Exhibit 7 - Drug Testing)(BOND, EMMA) Modified on 9/18/2018 to clean up text (mnw). (Entered: 09/18/2018)

Joint MOTION to Stay proceedings with respect to Acting Sheriff Gillen by ZACHARY SMITH Responses due by 10/16/2018. (Attachments: # 1 Exhibit 1 - State Court Order)(BOND, EMMA) (Entered: 09/25/2018)

NOTICE of Settlement by JOSEPH FITZPATRICK (FORTIN, JAMES) Modified on 9/28/2018 to clean up text (mnw). (Entered: 09/27/2018)

Joint MOTION to Dismiss Defendant Fitzpatrick, without prejudice, upon the condition that the Court incorporate the agreement into the order of dismissal and retain jurisdiction to enforce the agreement filed by JOSEPH FITZPATRICK. No PDF document is attached to this docket entry. The Motion is incorporated within Notice of Settlement #29. To view PDF document, see ECF No. 29. (mnw) (Entered: 09/28/2018)

ADDITIONAL ATTACHMENTS filed by JOSEPH FITZPATRICK re 29 Notice of Settlement (Settlement Agreement).. (FORTIN, JAMES) (Entered: 09/28/2018)

NOTICE OF HEARING: Telephone Conference set for 10/1/2018 at 10:00 AM before JUDGE NANCY TORRESEN. Counsel for the plaintiff to initiate the conference call to chambers. (mnw) (Entered: 09/28/2018)

Minute Entry for proceedings held before JUDGE NANCY TORRESEN. Telephone Conference held. Counsel to confer and report back to the Clerk's Office regarding a briefing schedule for the motion for attorneys' fees. (Court Reporter: Lori Dunbar) (mnw) (Entered: 10/01/2018)

ORAL ORDER reserving ruling on 31 Motion to Dismiss Defendant Fitzpatrick, without prejudice, upon the condition that the Court incorporate the agreement into the order of dismissal and retain jurisdiction to enforce the agreement - By JUDGE NANCY TORRESEN. (mnw) (Entered: 10/01/2018)

ORAL ORDER granting 28 Motion to Stay proceedings with respect to Acting Sheriff Gillen - By JUDGE NANCY TORRESEN. (mnw) (Entered: 10/01/2018)

ORDER ON JOINT MOTION TO DISMISS DEFENDANT JOSEPH FITZPATRICK - granting 31 Motion to Dismiss. By JUDGE NANCY TORRESEN. (mnw)

NOTICE - Please be advised that in light of the entry of Orders #35 and #36, that the Motion Hearing scheduled to begin on October 2, 2018 has been cancelled. (mnw) (Entered: 10/01/2018)

Set Deadlines : Plaintiff's Motion for Attorney Fees due by 11/1/2018. State's Response due by 12/3/2018. Plaintiff's Reply due by 12/17/2018. (mnw)

SET Deadlines Per US Chief District Judge Nancy Torresen: Status Report due on or before 10/30/2018. (slg)

STATUS REPORT and Joint Stipulation of Dismissal of Defendant Gillen Without Prejudice by ZACHARY SMITH. (BOND, EMMA) (Entered: 10/30/2018)

MOTION for Attorney Fees by ZACHARY SMITH Responses due by 11/23/2018. (Attachments: # 1 Declaration of Zachary Heiden, # 2 Exhibit A--CV of Zachary Heiden, # 3 Exhibit B--ACLU of Maine Timeslips, # 4 Declaration of Emma Bond, # 5 Exhibit A--CV of Emma Bond, # 6 Declaration of David Fathi, # 7 Exhibit A--CV of David Fathi, # 8 Exhibit B--NPP Timeslips, # 9 Exhibit C--CV of Gabe Eber, # 10 Exhibit D--Laffey Matrix, # 11 Declaration of Richard O'Meara, # 12 Declaration of Carol Garvan)(HEIDEN, ZACHARY) Modified on 11/2/2018 to modify the descriptions of the exhibits (mjlt). (Entered: 11/01/2018)

Reset Deadlines as to 39 MOTION for Attorney Fees In accordance with Judge Torresen's Order dated October 1, 2018: Responses due by 12/3/2018. (mjlt)

RESPONSE to Motion re 39 MOTION for Attorney Fees filed by SHAWN D GILLEN. Reply due by 11/19/2018. (SHAFFER, CASSANDRA) (Entered: 11/05/2018)

RESPONSE in Opposition re 39 MOTION for Attorney Fees filed by JOSEPH FITZPATRICK. Reply due by 12/17/2018. (FORTIN, JAMES) (Entered: 12/03/2018)

REPLY to Response to Motion re 39 MOTION for Attorney Fees filed by ZACHARY SMITH. (Attachments: # 1 Affidavit Supplemental Affidavit of Zachary L. Heiden, # 2 Exhibit Exh A--Supplemental Record of Timekeeping)(HEIDEN, ZACHARY) (Entered: 12/06/2018)

ORDER denying 39 Motion for Attorney Fees By JUDGE NANCY TORRESEN. (MMB)

NOTICE OF APPEAL as to 43 Order on Motion for Attorney Fees by ZACHARY SMITH . ( Filing fee $ 505 receipt number 0100-2003635.) 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 (HEIDEN, ZACHARY) (Entered: 04/10/2019)

COPIES of Notice of Appeal Sent to Counsel Re: 44 Notice of Appeal, filed by ZACHARY SMITH. (bfa)

APPEAL COVER SHEET Re: 44 Notice of Appeal (bfa) (Entered: 04/10/2019)

CLERK'S CERTIFICATE Re: 44 Notice of Appeal. Documents sent to the U.S. Court of Appeals. (bfa) (Entered: 04/10/2019)

Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re 44 Notice of Appeal (bfa)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Conference of Counsel held on October 1, 2018 before Judge Nancy Torresen. Court Reporter/Transcriber: Lori Dunbar, Telephone Number: 207.749.4072. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.med.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 7/10/2019. (MARTELL, TAMMY) (Entered: 04/11/2019)

USCA Case Number 19-1357 for 44 Notice of Appeal filed by ZACHARY SMITH. (mnw) (Entered: 04/12/2019)

JUDGMENT of USCA re 44 Notice of Appeal. Check for Receipt of Mandate on 7/15/2019. (mnw) (Entered: 06/14/2019)

MANDATE of USCA as to 44 Notice of Appeal filed by ZACHARY SMITH (mnw) (Entered: 06/14/2019)