Case: StandWithUs Center for Legal Justice v. Massachusetts Institute of Technology

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the First Circuit

COMPLAINT against Massachusetts Institute of Technology Filing fee: $ 405, receipt number AMADC-10306110 (Fee Status: Filing Fee paid), filed by Boukin Katerina, Marilyn Meyers, StandWithUs Center for Legal Justice. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Abrams, David) (Entered: 03/07/2024)

1 Civil Cover Sheet

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2 Category Form

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ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Donald L. Cabell. (Phillips, Sophie) (Entered: 03/07/2024)

Summons Issued as to Massachusetts Institute of Technology. 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. (Kinsella, Jaylannie) (Entered: 03/07/2024)

Notice of Case Assignment

MOTION for Leave to Appear Pro Hac Vice for admission of Marlene J. Goldenberg Filing fee: $ 125, receipt number AMADC-10310104 by Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice. (Attachments: # 1 Affidavit)(Abrams, David) (Entered: 03/10/2024)

1 Affidavit

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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 4 Motion for Leave to Appear Pro Hac Vice for Marlene J. Goldenberg. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Pacho, Arnold) (Entered: 03/11/2024)

Order on Motion for Leave to Appear

MOTION for Leave to Appear Pro Hac Vice for admission of NEIL SWARTZBERG Filing fee: $ 125, receipt number AMADC-10317166 by Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice. (Attachments: # 1 Affidavit Supporting Affirmation)(Abrams, David) (Entered: 03/14/2024)

1 Affidavit Supporting Affirmation

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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 6 Motion for Leave to Appear Pro Hac Vice of Neil Swartzberg. 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. (Pacho, Arnold) (Entered: 03/15/2024)

MOTION for Leave to Appear Pro Hac Vice for admission of Melissa Weiner Filing fee: $ 125, receipt number AMADC-10319117 by Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice. (Attachments: # 1 Affidavit Supporting Affirmation)(Abrams, David) (Entered: 03/15/2024)

1 Affidavit Supporting Affirmation

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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 8 Motion for Leave to Appear Pro Hac Vice Added Melissa S. Weiner. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (McManus, Caetlin) (Entered: 03/15/2024)

Order on Motion for Leave to Appear

AFFIDAVIT OF SERVICE Executed by StandWithUs Center for Legal Justice, Marilyn Meyers, Katerina Boukin. Massachusetts Institute of Technology served on 3/14/2024, answer due 4/4/2024. Acknowledgement filed by StandWithUs Center for Legal Justice; Marilyn Meyers; Katerina Boukin. (Goldenberg, Marlene) (Entered: 03/18/2024)

NOTICE of Appearance by Melissa S. Weiner on behalf of Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice (Weiner, Melissa) (Entered: 03/22/2024)

NOTICE of Appearance by Neil Swartzberg on behalf of Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice (Swartzberg, Neil) (Entered: 03/25/2024)

NOTICE of Appearance by Daryl J. Lapp on behalf of Massachusetts Institute of Technology (Lapp, Daryl) (Entered: 03/27/2024)

CORPORATE DISCLOSURE STATEMENT by Massachusetts Institute of Technology. (Lapp, Daryl) (Entered: 03/27/2024)

Assented to MOTION for Extension of Time to April 18, 2024 to to Respond to the Complaint by Massachusetts Institute of Technology.(Lapp, Daryl) (Entered: 03/27/2024)

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Ishan K. Bhabha Filing fee: $ 125, receipt number BMADC-10337880 by Massachusetts Institute of Technology. (Attachments: # 1 Certification)(Lapp, Daryl) (Entered: 03/27/2024)

1 Certification

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Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Lauren J. Hartz Filing fee: $ 125, receipt number AMADC-10337890 by Massachusetts Institute of Technology. (Attachments: # 1 Certification)(Lapp, Daryl) (Entered: 03/27/2024)

1 Certification

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NOTICE of Appearance by Elizabeth H. Kelly on behalf of Massachusetts Institute of Technology (Kelly, Elizabeth) (Entered: 03/27/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 15 Motion for Extension of Time. Defendant's response to the Complaint is due April 18, 2024. (RGS, law3) (Entered: 03/27/2024)

Order on Motion for Extension of Time

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 16 Motion for Leave to Appear Pro Hac Vice Added Ishan K. Bhabha. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (McManus, Caetlin) (Entered: 03/28/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 17 Motion for Leave to Appear Pro Hac Vice Added Lauren J. Hartz. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (McManus, Caetlin) (Entered: 03/28/2024)

Order on Motion for Leave to Appear

MOTION for Leave to Appear Pro Hac Vice for admission of Jason P. Sultzer Filing fee: $ 125, receipt number AMADC-10340064 by Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice. (Attachments: # 1 Affidavit Supporting Affirmation)(Abrams, David) (Entered: 03/29/2024)

1 Affidavit Supporting Affirmation

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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 22 Motion for Leave to Appear Pro Hac Vice Added Jason P. Sultzer. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (McManus, Caetlin) (Entered: 04/01/2024)

Order on Motion for Leave to Appear

MOTION for Leave to Appear Pro Hac Vice for admission of Janet R. Varnell Filing fee: $ 125, receipt number AMADC-10347036 by Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice. (Attachments: # 1 Affidavit Certification in Support of PHV Admission)(Abrams, David) (Entered: 04/02/2024)

1 Affidavit Certification in Support of PHV Admission

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Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 24 Motion for Leave to Appear Pro Hac Vice Added Janet R. Varnell. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (McManus, Caetlin) (Entered: 04/03/2024)

MOTION for Leave to Appear Pro Hac Vice for admission of Pamela G. Levinson Filing fee: $ 125, receipt number AMADC-10348505 by Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice. (Attachments: # 1 Affidavit Certification in Support of PHV Admission)(Abrams, David) (Entered: 04/03/2024)

1 Affidavit Certification in Support of PHV Admission

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Order on Motion for Leave to Appear

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 26 Motion for Leave to Appear Pro Hac Vice of Pamela G. Levinson. 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. (McManus, Caetlin) (Entered: 04/04/2024)

Joint MOTION for Leave to File Excess Pages for Memoranda of Law Up To 25 Pages In Support of and In Opposition to Defendant's Motion to Dismiss by Massachusetts Institute of Technology.(Lapp, Daryl) (Entered: 04/04/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 28 Motion for Leave to File Excess Pages. (RGS, law3) (Entered: 04/04/2024)

Order on Motion for Leave to File Excess Pages

Order on Motion for Leave to Appear

NOTICE of Appearance by Janet R. Varnell on behalf of Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice (Varnell, Janet) (Entered: 04/11/2024)

NOTICE of Appearance by Pamela G Levinson on behalf of Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice (Levinson, Pamela) (Entered: 04/11/2024)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and For Lack of Subject-Matter Jurisdiction by Massachusetts Institute of Technology.(Bhabha, Ishan) (Entered: 04/18/2024)

MEMORANDUM in Support re 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and For Lack of Subject-Matter Jurisdiction filed by Massachusetts Institute of Technology. (Attachments: # 1 Declaration, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10)(Bhabha, Ishan) (Entered: 04/18/2024)

1 Declaration

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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7 Exhibit Exhibit 6

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8 Exhibit Exhibit 7

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10 Exhibit Exhibit 9

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11 Exhibit Exhibit 10

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Consent MOTION for Extension of Time to 5/17/2024 to respond to Motion to Dismiss by Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice.(Weiner, Melissa) (Entered: 04/19/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 34 Motion for Extension of Time. Plaintiffs' response to the pending motion to dismiss is due May 17, 2024. (RGS, law3) (Entered: 04/19/2024)

Order on Motion for Extension of Time

AMENDED COMPLAINT against Massachusetts Institute of Technology, filed by Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Goldenberg, Marlene) (Entered: 05/17/2024)

1 Exhibit A

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2 Certificate of Service

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Assented to MOTION for Extension of Time to June 14, 2024 to to Respond to the Amended Complaint and Leave to File a Memorandum of Law up to 35 pages by Massachusetts Institute of Technology.(Lapp, Daryl) (Entered: 05/21/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot 32 Motion to Dismiss for Failure to State a Claim in light of plaintiffs' filing an Amended Complaint. (Zierk, Marsha) (Entered: 05/22/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 37 ASSENTED TO Motion for Extension of Time until June 14, 2024, to to Respond to the Amended Complaint and Leave to File a Memorandum of Law up to 35 pages by Massachusetts Institute of Technology. (Zierk, Marsha) (Entered: 05/22/2024)

Order on Motion for Extension of Time

Order on Motion to Dismiss for Failure to State a Claim

AMENDED COMPLAINT with Revised Formatting against Massachusetts Institute of Technology, filed by Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Goldenberg, Marlene) (Entered: 05/30/2024)

1 Exhibit A

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2 Certificate of Service

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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for lack of subject-matter jurisdiction by Massachusetts Institute of Technology.(Bhabha, Ishan) (Entered: 06/14/2024)

MEMORANDUM in Support re 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for lack of subject-matter jurisdiction filed by Massachusetts Institute of Technology. (Attachments: # 1 Declaration of Jaren D. Wilcoxson in Support of Defendant's Motion to Dismiss the Amended Complaint, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19)(Bhabha, Ishan) (Entered: 06/14/2024)

1 Declaration of Jaren D. Wilcoxson in Support of Defendant's Motion to Dism

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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18 Exhibit 17

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19 Exhibit 18

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20 Exhibit 19

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Assented to MOTION for Extension of Time to July 19, 2024 to File Response/Reply to Defendant's Motion to Dismiss by Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice.(Weiner, Melissa) (Entered: 06/20/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 43 Motion for Extension of Time to File Response/Reply. Plaintiffs will file their opposition to MIT's motion to dismiss by July 12, 2024. (RGS, law4) (Entered: 06/20/2024)

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

ELECTRONIC NOTICE Setting Hearing on Motion 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for lack of subject-matter jurisdiction : Motion Hearing set for 7/24/2024 03:00 PM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (Maynard, Timothy) (Entered: 06/24/2024)

Notice Setting or Resetting Hearing on Motion

MEMORANDUM in Opposition re 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for lack of subject-matter jurisdiction filed by Katerina Boukin, Marilyn Meyers, StandWithUs Center for Legal Justice. (Goldenberg, Marlene) (Entered: 07/12/2024)

MOTION for Leave to File / Defendant Massachusetts Institute of Technology's Motion for Leave to File a Reply Memorandum in Support of Motion to Dismiss the Amended Complaint by Massachusetts Institute of Technology.(Bhabha, Ishan) (Entered: 07/12/2024)

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 47 Motion for Leave to File Document. MIT may file a 10-page reply brief by July 19, 2024. (RGS, law4) (Entered: 07/13/2024)

Order on Motion for Leave to File Document

REPLY to Response to 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for lack of subject-matter jurisdiction filed by Massachusetts Institute of Technology. (Bhabha, Ishan) (Entered: 07/19/2024)

Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns: Motion Hearing held on 7/24/2024 re 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for lack of subject-matter jurisdiction filed by Massachusetts Institute of Technology. The court hears argument from the parties; The court takes the matter under advisement. (Court Reporter: Catherine Zelinski at CAL.Zelinski.Steno@gmail.com.)(Attorneys present: Goldenberg, Weiner, Bhabha, Hartz, Lapp) (Maynard, Timothy) (Entered: 07/24/2024)

Motion Hearing

Transcript of Motion Hearing held on July 24, 2024, before Judge Richard G. Stearns. 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: Catherine Zelinski at CAL.Zelinski.Steno@gmail.com. Redaction Request due 8/16/2024. Redacted Transcript Deadline set for 8/26/2024. Release of Transcript Restriction set for 10/24/2024. (Cook, Savannah) (Entered: 07/29/2024)

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 (Cook, Savannah) (Entered: 07/29/2024)

Notice of Filing of Official Transcript

Judge Richard G. Stearns: ORDER entered granting 41 Motion to Dismiss for Failure to State a Claim. MIT's motion to dismiss the federal claims (Counts I and II) is ALLOWED. The court declines to exercise jurisdiction over the state-law claims (Counts III and IV). The Clerk will close the case. (RGS, law4) (Entered: 07/30/2024)

Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (McManus, Caetlin) (Entered: 08/21/2024)

NOTICE OF APPEAL as to 53 Order on Motion to Dismiss for Failure to State a Claim, by Katerina Boukin, Marilyn Meyers Filing fee: $ 605, receipt number AMADC-10575876 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 9/18/2024. (Weiner, Melissa) (Entered: 08/29/2024)

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 55 Notice of Appeal. (Paine, Matthew) (Entered: 08/29/2024)

USCA Case Number 24-1800 for 55 Notice of Appeal, filed by Marilyn Meyers, Katerina Boukin. (Paine, Matthew) (Entered: 08/30/2024)

USCA Case Number

OPINION of USCA as to 55 Notice of Appeal, filed by Marilyn Meyers, Katerina Boukin. (MAP) (Entered: 10/22/2025)

USCA Judgment as to 55 Notice of Appeal, filed by Marilyn Meyers, Katerina Boukin. AFFIRMED... (MAP) (Entered: 10/22/2025)