Case: Murrell v. Patriot Front

COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-9981289 (Fee Status: Filing Fee paid), filed by Charles M Murrell, III. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit Proposed Summons to Patriot Front, # 4 Exhibit Proposed Summons to Thomas Rousseau)(Mirenda, Anthony) (Entered: 08/08/2023)

1 Civil Cover Sheet

View on RECAP

2 Category Form

View on RECAP

3 Exhibit Proposed Summons to Patriot Front

View on RECAP

4 Exhibit Proposed Summons to Thomas Rousseau

View on RECAP

ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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 Paul G. Levenson. (Phillips, Sophie) (Entered: 08/08/2023)

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. (Kelly, Danielle) (Entered: 08/08/2023)

NOTICE of Appearance by Allen M. Thigpen on behalf of Charles M Murrell, III (Thigpen, Allen) (Entered: 08/08/2023)

Notice of Case Assignment

NOTICE of Appearance by Anthony Mirenda on behalf of Charles M Murrell, III (Mirenda, Anthony) (Entered: 08/09/2023)

MOTION for Leave to Appear Pro Hac Vice for admission of James M. Gross Filing fee: $ 125, receipt number AMADC-9984146 by Charles M Murrell, III.(Mirenda, Anthony) (Additional attachment(s) added on 8/9/2023: # 1 Certificate of James M. Gross) (Kelly, Danielle). (Main Document 6 replaced on 8/9/2023) (Kelly, Danielle). Modified on 8/9/2023: removed certificate from main document to properly file as an attachment (Kelly, Danielle). (Entered: 08/09/2023)

Judge Indira Talwani: ELECTRONIC ORDER allowing 6 Motion for Leave to Appear Pro Hac Vice Added James M. Gross. 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. (Kelly, Danielle) (Entered: 08/09/2023)

NOTICE of Appearance by James M Gross on behalf of Charles M Murrell, III (Gross, James) (Entered: 08/09/2023)

Order on Motion for Leave to Appear

NOTICE of Appearance by Caroline Elizabeth Holliday on behalf of Charles M Murrell, III (Holliday, Caroline) (Entered: 08/10/2023)

MOTION for Discovery by Charles M Murrell, III.(Mirenda, Anthony) (Entered: 10/17/2023)

MEMORANDUM in Support re 13 MOTION for Discovery filed by Charles M Murrell, III. (Mirenda, Anthony) (Entered: 10/17/2023)

Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. For the foregoing reasons, Plaintiff Charles Murrell III's Ex Parte Motion for Limited Early Discovery [Doc. No. 13 ] is DENIED without prejudice.IT IS SO ORDERED. Please see attached. (Kelly, Danielle) (Entered: 10/18/2023)

MOTION for Extension of Time to to Complete Service and for Leave to Serve Patriot Front by Alternative Means by Charles M Murrell, III.(Gross, James) (Entered: 11/02/2023)

DECLARATION re 16 MOTION for Extension of Time to to Complete Service and for Leave to Serve Patriot Front by Alternative Means of James M. Gross by Charles M Murrell, III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Gross, James) (Entered: 11/02/2023)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

4 Exhibit D

View on RECAP

MEMORANDUM in Support re 16 MOTION for Extension of Time to to Complete Service and for Leave to Serve Patriot Front by Alternative Means filed by Charles M Murrell, III. (Gross, James) (Entered: 11/02/2023)

Judge Indira Talwani: ELECTRONIC ORDER granting in part and taking under advisement in part Plaintiff's Motion for Service by Alternative Means and to Extend the Service of Process Deadline 16 . Good cause shown, the deadline for service of the Summons and Complaint on the Defendants Patriot Front, Thomas Rousseau and John Does 1-99 is extended by 120 days after November 7, 2023, pursuant to Fed. R. Civ. P. 4(m). The request to approve alternative service will be addressed in a separate order. (Kelly, Danielle) (Entered: 11/07/2023)

Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. Plaintiff Charles M. Murrell III's Motion for Service by Alternative Means [Doc. No. 16 ] is GRANTED. Please see attached. (Kelly, Danielle) (Entered: 11/07/2023)

Order

AFFIDAVIT OF SERVICE Executed by Charles M Murrell, III. Patriot Front served on 11/13/2023, answer due 12/4/2023. Acknowledgement filed by Charles M Murrell, III., SUMMONS Returned Executed by Charles M Murrell, III. Patriot Front served on 11/13/2023, answer due 12/4/2023. (Gross, James) (Entered: 11/22/2023)

Request for notice of default by Charles M Murrell, III . (Attachments: # 1 Affidavit Declaration in support of Request for Entry of Default)(Thigpen, Allen) (Entered: 12/14/2023)

1 Affidavit Declaration in support of Request for Entry of Default

View on PACER

NOTICE: Clerk's ENTRY OF DEFAULT as to Patriot Front.Plaintiff's counsel shall serve a copy of the entry of default on defendant Patriot Front via the two emails publicly associated with Patriot Front, patriotfront@protonmail.com and patriotfront01@gmail.com, and Patriot Front's social media accounts on Gab, Telegram, Bitchute, and Odysee, and file a certificate of such service. (Kelly, Danielle) (Entered: 12/19/2023)

Judge Indira Talwani: ORDER entered. STANDING ORDER on motions for default judgment re 23 Notice: Clerk's Entry of Default.Plaintiff's counsel shall serve a copy of the Standing Order on motions for default judgment on defendant Patriot Front via the two emails publicly associated with Patriot Front, patriotfront@protonmail.com and patriotfront01@gmail.com, and Patriot Front's social media accounts on Gab, Telegram, Bitchute, and Odysee, and file a certificate of such service. (Kelly, Danielle) (Entered: 12/19/2023)

AFFIDAVIT of Affidavit of Alternative Service re 24 Standing Order re motions for default judgment,, 23 Notice: Clerk's Entry of Default, by Charles M Murrell, III. (Gross, James) (Entered: 01/09/2024)

MOTION for Extension of Time to until Plaintiff has received a decision on the merits as to all defendants to file a Motion for Default Judgment against Patriot Front, Second MOTION for Discovery prior to a Rule 26(F) Conference ( Responses due by 1/26/2024) by Charles M Murrell, III.(Gross, James) (Entered: 01/12/2024)

MEMORANDUM in Support re 26 MOTION for Extension of Time to until Plaintiff has received a decision on the merits as to all defendants to file a Motion for Default Judgment against Patriot Front Second MOTION for Discovery prior to a Rule 26(F) Conference filed by Charles M Murrell, III. (Gross, James) (Entered: 01/12/2024)

Judge Indira Talwani: ELECTRONIC ORDER granting Plaintiff's Motion 26 as follows. The deadline for Plaintiff to file a motion for default judgment against Patriot Front is stayed pending further court and Plaintiff is granted leave pursuant to Fed. R. Civ. P. 26(d) to conduct third-party discovery in advance of a Rule 26(f) conference, limited to: (1) obtaining information necessary to complete service on Thomas Rousseau and (2) identifying and serving the John Doe Defendants. (Kelly, Danielle) (Entered: 01/16/2024)

Order on Motion for Discovery AND Order on Motion for Extension of Time

SUMMONS Returned Executed Thomas Rousseau served on 2/28/2024, answer due 3/20/2024. (Thigpen, Allen) (Entered: 03/01/2024)

Counsel for the plaintiff(s) is responsible for ensuring that all parties and/or their attorneys who have not filed an answer or appearance with the court are notified of the date of the scheduling conference.SEE attached NOTICE of Scheduling Conference, with attached PROPOSED ORDER TEMPLATE. When filing the Joint Statement, counsel must attach a separate, proposed scheduling order using the template attached to this Notice. Scheduling Conference set for 4/26/2024 03:00 PM in Courtroom 9 (Remote only) before Judge Indira Talwani.This proceeding will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Attachments: # 1 Proposed Order Template)(MacDonald, Gail) (Entered: 04/08/2024)

1 Proposed Order Template

View on PACER

STATUS REPORT in Lieu of Rule 16 Joint Statement by Charles M Murrell, III. (Holliday, Caroline) (Entered: 04/19/2024)

Request for notice of default by Charles M Murrell, III AGAINST DEFENDANT THOMAS ROUSSEAU. (Attachments: # 1 Affidavit DECLARATION OF ALLEN M. THIGPEN IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT)(Thigpen, Allen) (Entered: 04/22/2024)

1 Affidavit DECLARATION OF ALLEN M. THIGPEN IN SUPPORT OF REQUEST FOR ENTRY OF DEF

View on RECAP

NOTICE: Clerk's ENTRY OF DEFAULT as to Thomas Rousseau (Kelly, Danielle) (Entered: 04/23/2024)

Judge Indira Talwani: ORDER entered. STANDING ORDER on motions for default judgment re 33 Notice: Clerk's Entry of Default (Kelly, Danielle) (Entered: 04/23/2024)

Copy of 33 Notice: Clerk's Entry of Default, 34 Standing Order re motions for default judgment mailed via regular mail and certified mail [Article #: 7019 2970 0001 7999 0936] to Thomas Rousseau on 4/23/2024. (Kelly, Danielle) (Entered: 04/23/2024)

Copy Mailed

Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 4/26/2024. Case called. Court had colloquy with Plaintiff's counsel who reported that both named defts were served and have not filed responses, Defaults have entered, and default judgments will be pursued. After consultation with fact witnesses and/or experts to confirm availability, counsel will file for a hearing on damages - to be heard before summer 2024. The motion is due by or before 5/23/2024. Counsel shall advise the clerk of witness availability and the clerk will hold open the mornings of May 29, 30, June 4, 5, and 6 for the damages hearing. Once the hearing is set, a scheduling order will issue that must be served on defendants. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: James M Gross, Caroline Elizabeth Holliday, Anthony Mirenda, Allen M. Thigpen) (MacDonald, Gail) (Entered: 05/01/2024)

Scheduling Conference

Judge Indira Talwani: ELECTRONIC ORDER: Plaintiff's counsel having advised the clerk that some of his potential witnesses are not available for an evidentiary hearing the last week of May or first week of June 2024, the matter will be rescheduled to the court's next available date as follows. Counsel shall promptly advise the clerk as to the availability of counsel and Plaintiff's anticipated witnesses for an evidentiary hearing on or between Tuesday, October 1, and Friday, October 4, 2024. The deadline for the filing of Plaintiff's motion for default judgment is continued to six weeks prior to the date set for the evidentiary hearing. (MacDonald, Gail) Modified on 5/6/2024 to correct proposed evidentiary hearing dates (MacDonald, Gail). (Entered: 05/02/2024)

Order

Mail Returned as Undeliverable. Mail sent to Thomas Rousseau (Kelly, Danielle) (Entered: 05/10/2024)

Mail Returned as Undeliverable. Mail sent to Thomas Rousseau (Kelly, Danielle) (Entered: 05/29/2024)

Judge Indira Talwani: ELECTRONIC ORDER setting evidentiary hearing re: damages for October 2 and 3, 2024, 9:00 a.m. to 1:00 p.m., in Courtroom 9 (in person only). Plaintiff shall file his motion for default judgment no later than August 21, 2024. Defaulted Defendants Patriot Front and Thomas Rousseau shall file any opposition no later than September 11, 2024. Plaintiff shall serve, or attempt to serve, a copy of this order on Defendant Patriot Front by the alternative methods of service detailed in the Affidavit of Service 21 and shall file a certificate of such service. (MacDonald, Gail) (Entered: 05/29/2024)

Order

AFFIDAVIT of Alternate Service re 30 Notice of Scheduling Conference, 31 Status Report by Charles M Murrell, III. (Holliday, Caroline) Modified on 6/11/2024: adjusted docket text to properly reflect document filed (Kelly, Danielle). (Entered: 06/11/2024)

AFFIDAVIT of Alternate Service re 40 Order, Set Hearings, by Charles M Murrell, III. (Holliday, Caroline) Modified on 6/11/2024: adjusted docket text to properly reflect document filed (Kelly, Danielle). (Entered: 06/11/2024)

MOTION for Leave to Appear Pro Hac Vice for admission of Jace Lee Filing fee: $ 125, receipt number AMADC-10558307 by Charles M Murrell, III. (Attachments: # 1 Exhibit LR 83.5.3 Certificate of Jace Lee)(Mirenda, Anthony) (Entered: 08/16/2024)

1 Exhibit LR 83.5.3 Certificate of Jace Lee

View on PACER

Judge Indira Talwani: ELECTRONIC ORDER granting 43 Motion for Leave to Appear Pro Hac Vice Added Jace Lee. 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. (Kelly, Danielle) (Entered: 08/19/2024)

Order on Motion for Leave to Appear

NOTICE of Appearance by Jace J. Lee on behalf of Charles M Murrell, III (Lee, Jace) (Entered: 08/21/2024)

MOTION for Default Judgment as to Patriot Front and Thomas Rousseau by Charles M Murrell, III.(Gross, James) (Entered: 08/21/2024)

MEMORANDUM in Support re 46 MOTION for Default Judgment as to Patriot Front and Thomas Rousseau filed by Charles M Murrell, III. (Gross, James) (Entered: 08/21/2024)

DECLARATION re 46 MOTION for Default Judgment as to Patriot Front and Thomas Rousseau by Charles M Murrell, III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Holliday, Caroline) (Entered: 08/21/2024)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

9 Exhibit I

View on PACER

10 Exhibit J

View on PACER

11 Exhibit K

View on PACER

12 Exhibit L

View on PACER

13 Exhibit M

View on PACER

14 Exhibit N

View on PACER

15 Exhibit O

View on PACER

CERTIFICATE OF SERVICE pursuant to LR 5.2 by Charles M Murrell, III re 46 MOTION for Default Judgment as to Patriot Front and Thomas Rousseau, 47 Memorandum in Support of Motion, 48 Declaration, . (Gross, James) (Entered: 08/28/2024)

MOTION for Leave to Present Live Trial Testimony of Dr. Peter Simi Via Videoconference on Either the Afternoon of October 3 or the Morning of October 4 by Charles M Murrell, III. (Attachments: # 1 Exhibit A - Declaration of Dr. Peter Simi)(Gross, James) (Entered: 09/20/2024)

1 Exhibit A - Declaration of Dr. Peter Simi

View on PACER

Judge Indira Talwani: ELECTRONIC ORDER entered granting 50 MOTION for Leave to Present Live Trial Testimony of Dr. Peter Simi Via Videoconference. Live Trial Testimony of Dr. Peter Simi will be held by videoconference on 10/3/2024 at 02:30 PM in Courtroom 9 (In person only) before Judge Indira Talwani. (MacDonald, Gail) (Entered: 09/24/2024)

CERTIFICATE OF SERVICE pursuant to LR 5.2 by Charles M Murrell, III re 50 MOTION for Leave to Present Live Trial Testimony of Dr. Peter Simi Via Videoconference on Either the Afternoon of October 3 or the Morning of October 4 . (Gross, James) (Entered: 09/24/2024)

Order

Witness List by Charles M Murrell, III. (Gross, James) (Entered: 09/25/2024)

Exhibit List by Charles M Murrell, III.. (Gross, James) (Entered: 09/25/2024)

Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Evidentiary Hearing Day 1 held on 10/2/2024. Case called. Plaintiff was present with counsel. MOTION for Default Judgment as to Patriot Front and Thomas Rousseau at Document 46 pending. Counsel moved to admit all 17 exhibits listed in Document 54 Exhibit List; granted; all documents/videos admitted.Plaintiff called Katrina Jabro; witness was sworn and gave testimony; witness stepped down. Plaintiff called Charles M. Murrell, III; witness was sworn and gave testimony; witness stepped down. Plaintiff called Dr. Tina Adams; witness was sworn and gave testimony. Counsel moved to qualify Dr. Adams as an expert as to diagnoses of psychological disorders and the impact of trauma; granted; testimony continued; witness stepped down. Hearing adjourned for the day to resume 10/3/2024: Evidentiary Hearing to continue on 10/3/2024 12:00 PM and 02:30 PM in Courtroom 9 (In person only) before Judge Indira Talwani. (Court Reporter: Jessica Leonard at jessicamichaelleonard@gmail.com.)(Attorneys present: James M Gross, Caroline Elizabeth Holliday, Jace J. Lee, Anthony Mirenda, Allen M. Thigpen) (MacDonald, Gail) Modified on 10/8/2024 (MacDonald, Gail). (Entered: 10/02/2024)

Evidentiary Hearing

Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Evidentiary Hearing Day 2 held on 10/3/2024. Case called. Plaintiff was present with counsel. Plaintiff called Oliver Burns; witness was sworn and gave testimony; witness stepped down. After a brief recess, Plaintiff called Dr. Peter Simi, who appeared live by videoconference; witness was sworn and gave testimony. Counsel moved to qualify Dr. Simi as an expert in the White Supremacist Movement, characteristics of white supremacist organizations, and whether Patriot Front shares those characteristics; granted; testimony continued; witness stepped down.Counsel to supplement the record by submitting the manifesto of Patriot Front and any permits issued. Counsel presented closing argument. Hearing adjourned. (Court Reporter: Jessica Leonard at jessicamichaelleonard@gmail.com.) (Attorneys present: James M Gross, Caroline Elizabeth Holliday, Jace J. Lee, Anthony Mirenda, Allen M. Thigpen) (MacDonald, Gail) (Entered: 10/08/2024)

Supplemental MEMORANDUM in Support re 46 MOTION for Default Judgment as to Patriot Front and Thomas Rousseau filed by Charles M Murrell, III. (Gross, James) (Entered: 10/08/2024)

DECLARATION re 57 Memorandum in Support of Motion of James M. Gross by Charles M Murrell, III. (Gross, James) (Additional attachment(s) added on 10/10/2024: # 1 Exhibit P, # 2 Exhibit Q, # 3 Exhibit R) (Kelly, Danielle). Modified on 10/10/2024: removed exhibits from main document to properly file as attachments (Kelly, Danielle). (Entered: 10/08/2024)

Evidentiary Hearing

CERTIFICATE OF SERVICE pursuant to LR 5.2 by Charles M Murrell, III re 57 Memorandum in Support of Motion, 58 Declaration, . (Gross, James) (Entered: 10/17/2024)

NOTICE of Withdrawal of Appearance by Jace J. Lee (Lee, Jace) (Entered: 10/25/2024)

Judge Indira Talwani: MEMORANDUM AND ORDER entered: For the reasons set forth in the attached Memorandum and Order, Plaintiff's Motion for Default Judgment [Doc. No. 46] is GRANTED. The court awards $25,000 for physical injuries, $5 00,000 for psychological injuries and emotional distress damages, $230,000 in special damages for lost wages and earning opportunities, and $2,000,000 in punitive damages, for a total judgment of $2,755,000, plus reasonable attorneys' fees in an amount to be determined, and post-judgment interest pursuant to 28 U.S.C. § 1961. (GAM)

MOTION for Attorney Fees / Plaintiff Charles M. Murrell III's Motion for Reasonable Attorneys' Fees and Costs by Charles M Murrell, III.(Gross, James) (Entered: 01/31/2025)

DECLARATION re 62 MOTION for Attorney Fees / Plaintiff Charles M. Murrell III's Motion for Reasonable Attorneys' Fees and Costs by Charles M Murrell, III. (Attachments: # 1 Exhibit A - Docket, # 2 Exhibit B - Fees, # 3 Exhibit C- Costs, # 4 Exhibit D - Attorney Bios)(Gross, James) (Entered: 01/31/2025)

MEMORANDUM in Support re 62 MOTION for Attorney Fees / Plaintiff Charles M. Murrell III's Motion for Reasonable Attorneys' Fees and Costs filed by Charles M Murrell, III. (Gross, James) (Entered: 01/31/2025)

NOTICE of Voluntary Dismissal by Charles M Murrell, III (Gross, James) (Entered: 01/31/2025)

Affidavit

Judge Indira Talwani: ORDER entered. DEFAULT JUDGMENT entered against Defendants Patriot Front and Thomas Rousseau and in favor of Plaintiff Charles M. Murrell, III. (GAM) (Entered: 03/11/2025)

AFFIDAVIT of B. Keith Wheeler Affidavit of Alternate Service by Charles M Murrell, III. (Gross, James) Modified on 4/1/2025: To edit docket text to accurately reflect affidavit filed (EZG). (Entered: 03/31/2025)

Notice of Withdrawal of Appearance

Order

Declaration

Judge Indira Talwani: For the reasons set forth in the attached MEMORANDUM AND ORDER, Plaintiff's Motion for Attorneys' Fees and Costs [Doc. No. 62] is GRANTED in part. Plaintiff is awarded $390,332.00 in reasonable attorneys' fees and $6,462.13 in costs. (GAM)