Medeiros v. RI DEM, et al Document 91
Filed January 9, 2006
Back to Medeiros v. RI DEM, et al ,
Rhode Island District Court
Case No. 1:01-cv-00543-ML
MANDATE of USCA (Judgment entered 12/12/05) as to [82] Notice of Appeal filed by Stephen P. Medeiros -- The judgment of the district court is AFFIRMED. (Duhamel, John)
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1 (11/14/2001): NOTICE OF REMOVAL; FILING FEE $ 150.00 RECEIPT # 49286 (McCabe, F)
2 (11/14/2001): Motion for Miscellaneous Relief - MOTION by RI DEM to join a necessary or indispensable party (McCabe, F)
3 (11/26/2001): Motion to Dismiss - MOTION by RI DEM to Dismiss Complaint (Duhamel, J)
5 (11/30/2001): Terminated: - OBJECTION by Stephen P. Medeiros to [3-1] motion to Dismiss Complaint (Duhamel, J)
-- (12/3/2001): Motion(s) referred to Judge: [3-1] motion to Dismiss Complaint (Barletta, B)
4 (12/3/2001): ORDER granting [2-1] motion to join a necessary or indispensable party ( signed by Judge Mary M. Lisi ) (Barletta, B)
6 (12/3/2001): Motion to Amend/Correct - MOTION by Stephen P. Medeiros to Amend [1-1] complaint ( removal notice) (Duhamel, J)
7 (12/3/2001): Order - ORDER granting [6-1] motion to Amend [1-1] complaint ( removal notice) ( signed by Judge Mary M. Lisi ) (Barletta, B)
9 (12/3/2001): Amended Complaint - AMENDED COMPLAINT by Stephen P. Medeiros , (Answer due 12/20/01 for RI DEM ) amending against Atlantic States Marine Fisheries Council (Duhamel, J)
8 (12/4/2001): ORDER denying [3-1] motion to Dismiss Complaint ( signed by Judge Mary M. Lisi ) (Barletta, B)
13 (1/17/2002): Motion to Appear Pro Hac Vice - MOTION by Atlantic States for Paul A. Lenzini to Appear Pro Hac Vice (Duhamel, J)
14 (1/23/2002): Motion to Amend/Correct - MOTION by Stephen P. Medeiros to Amend [9-1] amended complaint (Duhamel, J)
-- (1/25/2002): Motion(s) referred to Judge: [14-1] motion to Amend [9-1] amended complaint (Barletta, B)
15 (1/29/2002): Stipulation that plaintiff may amend complaint and responsive pleadings shall be filed on or before 2/25/02 signed by Judge Mary M. Lisi (Barletta, B)
16 (1/29/2002): AMENDED COMPLAINT by Stephen P. Medeiros , (Answer due 2/25/02 for Atlantic States, for RI DEM ) amending [9-1] amended complaint (Barletta, B)
-- (1/31/2002): Motion(s) referred: [13-1] motion for Paul A. Lenzini to Appear Pro Hac Vice referred to Magistrate Judge Robert W. Lovegreen (Barletta, B)
17 (2/15/2002): ORDER granting [13-1] motion for Paul A. Lenzini to Appear Pro Hac Vice ( signed by Magistrate Judge Robert W. Lovegreen ) (Theall, J)
18 (2/25/2002): Answer - ANSWER to Complaint by RI DEM (Attorney Gary Powers) (Duhamel, J)
19 (2/25/2002): Answer - ANSWER to Complaint by Atlantic States (Attorney Gregory L. Benik) (Duhamel, J)
23 (3/8/2002): Terminated: - MOTION by RI DEM, Atlantic States to Limit Review to the Administrative Record , and to Preclude Discovery (Duhamel, J)
25 (3/21/2002): Response/Reply - Miscellaneous - OBJECTION by Stephen P. Medeiros to [23-1] motion to Limit Review to the Administrative Record, [23-2] motion to Preclude Discovery (Duhamel, J)
-- (3/22/2002): Motion(s) referred to Judge: [23-1] motion to Limit Review to the Administrative Record, [23-2] motion to Preclude Discovery (Barletta, B)
-- (3/26/2002): Motion hearing held re: [23-1] motion to Limit Review to the Administrative Record, [23-2] motion to Preclude Discovery -- Richard S. Humphrey (for pltf), Amy Stratton (for pltf), Gary...
26 (3/26/2002): Minute entry: Clerk's Minutes filed as to motion hearing held before Judge Mary M. Lisi on 3/26/02. (Duhamel, J)
28 (10/23/2002): Motion for Miscellaneous Relief - MOTION, with Memorandum, by Stephen P. Medeiros to Supplement Administrative Record (Duhamel, J)
29 (10/25/2002): SCHEDULING ORDER setting Discovery cutoff 12/2/02 ; Deadline for filing of all motions 1/15/03 ; ( signed by Judge Mary M. Lisi ) (Barletta, B)
30 (10/28/2002): Remark - Plaintiff's Objection to the defendant's proposed scheduling order (Barletta, B)
32 (10/31/2002): Response/Reply - Miscellaneous - OBJECTION by RI DEM, Atlantic States to [28-1] motion to Supplement Administrative Record (Duhamel, J)
-- (11/1/2002): Motion(s) referred to Judge: [28-1] motion to Supplement Administrative Record (Barletta, B)
33 (12/23/2002): Motion for Summary Judgment - MOTION, with Memorandum, by Stephen P. Medeiros for Summary Judgment (Duhamel, J)
34 (12/23/2002): Statement Of Undisputed Fact by Stephen P. Medeiros RE: [33-1] motion for Summary Judgment (Duhamel, J)
35 (1/13/2003): Terminated: - "ASSENTED-TO" MOTION by Atlantic States for Leave to File a combined memorandum not to exceed 30 pages, in opposition to Pltf's M/Summary Jgmt & in support of Deft Atlan...
36 (1/21/2003): ORDER granting [35-1] motion for Leave to File a combined memorandum not to exceed 30 pages, in opposition to Pltf's M/Summary Jgmt & in support of Deft Atlantic States' Cross M/Summar...
37 (1/24/2003): Motion for Extension of Time - MOTION by United States to Enlarge Time t0 2/26/03, so that it may determine whether to intervene (Duhamel, J)
39 (1/24/2003): Terminated: - "ASSENTED-TO"MOTION by RI DEM, Atlantic States to Enlarge Time to 3/13/03, within which to respond to the pltf's Crossmotion/Summary Jgmt & Memorandum in Support Thereof...
40 (1/27/2003): ORDER granting [37-1] motion to Enlarge Time t0 2/26/03, so that it may determine whether to intervene ( signed by Judge Mary M. Lisi ) (Barletta, B)
41 (1/27/2003): ORDER granting [39-1] motion to Enlarge Time to 3/13/03, within which to respond to the pltf's Crossmotion/Summary Jgmt & Memorandum in Support Thereof ( signed by Judge Mary M. Lisi )...
42 (2/24/2003): Motion for Extension of Time - "UNOPPOSED" MOTION by United States to Enlarge Time through 3/28/03, within which to determine whether to intervene (Duhamel, J)
43 (2/25/2003): Motion for Extension of Time - ASSENTED-TO MOTION by RI DEM, Atlantic States to Futher Enlarge Time to 4/14/03, within which to respond to Pltf's cross motion for summary jgmt (Duhamel...
44 (2/27/2003): ORDER granting [43-1] motion to Futher Enlarge Time to 4/14/03, within which to respond to Pltf's cross motion for summary jgmt ( signed by Judge Mary M. Lisi ) (Duhamel, J)
45 (2/27/2003): ORDER granting [42-1] motion to Enlarge Time through 3/28/03, within which to determine whether to intervene ( signed by Judge Mary M. Lisi ) (Duhamel, J)
46 (3/25/2003): Terminated: - ASSENTED-TO MOTION by RI DEM, Atlantic States for Additional Enlargement of Time to 5/12/03, within which to respond to pltf's crossmotion for summary jgmt and memorandu...
47 (3/26/2003): Motion for Extension of Time - UNOPPOSED MOTION by United States to Further Enlarge Time to 4/28/03, within which to determine whether to intervene to defend the constitutionality of a...
48 (3/27/2003): ORDER granting [46-1] motion for Additional Enlargement of Time to 5/12/03, within which to respond to pltf's crossmotion for summary jgmt and memorandum in support thereof - sent to c...
49 (3/27/2003): ORDER granting [47-1] motion to Further Enlarge Time to 4/28/03, within which to determine whether to intervene to defend the constitutionality of a statute, and memorandum in support ...
50 (4/25/2003): Motion for Extension of Time - "UNOPPOSED" MOTION by United States to Enlarge Time to 5/1/03, within which to determine whether to intervene (Duhamel, J)
51 (4/28/2003): ORDER granting [50-1] motion to Enlarge Time to 5/1/03, within which to determine whether to intervene - sent to counsel of record ( signed by Judge Mary M. Lisi ) (Barletta, B)
52 (5/1/2003): Motion to Intervene - MOTION, with Memorandum, by United States to Intervene to present argument on the question of constitutionality in this case (Duhamel, J)
53 (5/12/2003): Terminated: - OBJECTION, with Memorandum, by RI DEM to [33-1] motion for Summary Judgment (Duhamel, J)
53 (5/12/2003): Terminated: - MOTION, with Memorandum, by RI DEM for Summary Judgment (Duhamel, J)
54 (5/12/2003): Terminated: - OBJECTION by Atlantic States to [33-1] motion for Summary Judgment (Duhamel, J)
54 (5/12/2003): Terminated: - MOTION by Atlantic States for Summary Judgment (Duhamel, J)
55 (5/12/2003): Memorandum in Support - MEMORANDUM by Atlantic States in support of [54-1] motion for Summary Judgment, [54-1] motion response (Duhamel, J)
56 (5/12/2003): Statement of Undisputed Facts - Joint Statement Of Undisputed Facts by RI DEM, Atlantic States RE: [54-1] motion for Summary Judgment, [53-1] motion for Summary Judgment (Duhamel, J)
57 (5/12/2003): Terminated: - "UNOPPOSED" MOTION by Atlantic States for Leave to File 19 Pages of the Administrative Record Inadvertently Omitted (Duhamel, J)
58 (5/16/2003): ORDER granting [57-1] motion for Leave to File 19 Pages of the Administrative Record Inadvertently Omitted - faxed to counsel of record ( signed by Judge Mary M. Lisi ) (Barletta, B)
-- (5/19/2003): Motion(s) referred to Judge: [52-1] motion to Intervene to present argument on the question of constitutionality in this case (Barletta, B)
59 (5/19/2003): Response/Reply - Miscellaneous - OBJECTION by Stephen P. Medeiros to [52-1] Memorandum of Intervenor United States addressing standing of pltf to raise a constitutional challenge (Duha...
-- (5/20/2003): Civil Hearing re: [59-1] motion response 11:00 5/30/03 before Judge Mary M. Lisi (Barletta, B)
60 (5/20/2003): ORDER granting [52-1] motion to Intervene to present argument on the question of constitutionality in this case - faxed to counsel of record signed by Judge Mary M. Lisi ) (Barletta, B...
61 (5/27/2003): Terminated: - RESPONSE by Stephen P. Medeiros to [56-1] joint statement of undisputed facts (Duhamel, J)
-- (5/30/2003): Motion(s) referred to Judge: [54-1] motion for Summary Judgment, [53-1] motion for Summary Judgment, [33-1] motion for Summary Judgment (Barletta, B)
-- (5/30/2003): Civil Hearing re: [59-1] motion response (obj by pltf to USA's Memorandum addressing standing of pltf to raise constitutional challenge); Hearing held before Judge Mary M. Lisi -- for ...
63 (5/30/2003): Response in Opposition to Motion - RESPONSE by Stephen P. Medeiros in opposition to [53-1] motion for Summary Judgment, [53-1] motion response (Duhamel, J)
64 (5/30/2003): Response in Opposition to Motion - RESPONSE by Stephen P. Medeiros in opposition to [54-1] motion for Summary Judgment, [54-1] motion response (Duhamel, J)
65 (5/30/2003): ORDER determining that plaintiff has standing to pursue Count I of the second amended verified complaint; within 10 days plaintiff shall file a proposed amended complaint; within 30 da...
67 (6/6/2003): Amended Complaint - THIRD AMENDED VERIFIED COMPLAINT by Stephen P. Medeiros , (Answer due 6/23/03 for Atlantic States, for RI DEM ) amending [16-1] second amended complaint (Note: Parag...
66 (6/12/2003): Response in Opposition to Motion - JOINT REPLY by RI DEM, Atlantic States to [64-1] opposition to summary judgment motion and to [63-1] opposition to summary judgment motion (Duhamel, ...
68 (6/17/2003): Answer - ANSWER by RI DEM (Attorneys Gary Powers, Terence Tierney) to third amended verified complaint (Duhamel, J)
69 (6/17/2003): Answer - ANSWER by Atlantic States (Attorneys Gregory Benik, Paul Lenzini) to third amended verified complaint (Duhamel, J)
-- (6/24/2003): Motion hearing re: [54-1] motion for Summary Judgment at 1:00 7/18/03, [53-1] motion for Summary Judgment at 1:00 7/28/03 (Barletta, B)
72 (7/24/2003): ORDER denying [28-1] motion to Supplement Administrative Record - mailed to counsel of record ( signed by Judge Mary M. Lisi ) (Barletta, B)
-- (7/28/2003): Motion hearing held re: [54-1] motion for Summary Judgment, [53-1] motion for Summary Judgment, [33-1] motion for Summary Judgment -- Counsel present: Richard S. Humphrey, Amy E. Strat...
73 (7/28/2003): Minute entry: Clerk's Minutes filed as to hearing on cross-motions for summary jgmt, held before Judge Mary M. Lisi on 7/28/03 (Duhamel, J)
74 (1/15/2004): Motion for Leave to File - MOTION by Stephen P. Medeiros to Require the Atlantic States Marine Fisheries Commission to Supplement the Administrative Record (Duhamel, J)
75 (1/29/2004): Terminated: - JOINT OBJECTION, with Memorandum, by RI DEM, Atlantic States to [74-1] motion to Require the Atlantic States Marine Fisheries Commission to Supplement the Administrative...
76 (2/10/2004): Motion for Miscellaneous Relief - MOTION, with Memorandum, by Stephen P. Medeiros to require the Atlantic States Marine Fisheries Commission to supplement the administrative record (Du...
77 (2/19/2004): Response/Reply - Miscellaneous - JOINT OBJECTION, with Memorandum, by RI DEM, Atlantic States to [76-1] motion to require the Atlantic States Marine Fisheries Commission to supplement ...
-- (2/20/2004): Motion(s) referred to Judge: [76-1] motion to require the Atlantic States Marine Fisheries Commission to supplement the administrative record (Barletta, B)
78 (2/23/2004): ORDER denying [76-1] motion to require the Atlantic States Marine Fisheries Commission to supplement the administrative record - forwarded to counsel of record ( signed by Judge Mary M...
79 (5/24/2004): MEMORANDUM and ORDER granting [54-1] motion for Summary Judgment, granting [53-1] motion for Summary Judgment, denying [33-1] motion for Summary Judgment - forwarded to counsel of reco...
80 (5/24/2004): JUDGMENT for RI DEM, Atlantic States against Stephen P. Medeiros (pursuant to the Memorandum and Order dated 5/24/04 granting defendants' motions for summary judgment and denying plain...
82 (6/22/2004): Terminated: - NOTICE OF APPEAL by Stephen P. Medeiros. Fee Status: paid Appeal record due on 7/22/04 (Duhamel, J)
85 (8/5/2004): Appeal Transcript - TRANSCRIPT of hearing on cross-motions for summary judgment filed for date of July 28, 2003 RE: [82-1] appeal (Duhamel, J)
87 (8/9/2004): Terminated: - NOTICE of Docketing ROA from USCA Re: [82-1] appeal USCA Number: 04-1841 (Duhamel, J)
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Case 1:01-cv-00543-ML
Document 91
Filed 01/09/2006
Page 1 of 1
United States Court of Appeals
For the First Circuit
5 bs;
c
.
STEPHEN P. MEDEIROS,
Plaintiff, Appellant,
FREDERICK J. VINCENT, INTERIM DIRECTOR OF THE RHODE ISLAND
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, AND
ATLANTIC STATES MARINE FISHERIES COMMISSION,
Defendants, Appellees,
and
UNITED STATES OF AMERICA,
Intervenor, Appellee.
JUDGMENT
Entered: December 12,2005
This cause came on to be heard on appeal fiom the United States District Court for the
District of Rhode Island, and was argued by counsel.
Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The
judgment of the district court is affirmed.
Certified and Issued as Mandate
under Fed. R App F? 41,
Clerk
By the Court:
Richard Cushing Donovan, Clerk
M
m-RER ~
~
By: Margaret Carter, Chief Deputy Clerk
[cc: Mr. Caron, Mr. Tierney, Mr. Powers, Mr. Benik, Mr. Lenzini & Mr. Smith.]
~