Stern v. University of Massachusetts at Amherst Health Services et al :: Massachusetts District Court :: Federal Civil Lawsuit No. 4:04-cv-30176-FDS

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68	Filed: 1/31/2006, Entered: 1/31/2006	USCA Mandate
	MANDATE of USCA as to [53] Notice of Appeal, filed by Scott Stern,, [35] Notice of Appeal, filed by Scott Stern. Substantially for the reasons given in the comprehensive memorandum of the district court, the order dated December 23, 2004, dismissing plaintiff's complaint, is AFFIRMED. Accordingly, the district court's earlier order denying preliminary relief is also AFFIRMED. (Ramos, Jeanette)


67	Filed: 5/19/2005, Entered: 5/19/2005	Notice of Change of Address or Firm Name
	NOTICE of Change of Address by Geoffrey B. McCullough, c/s. (Jones, Sherry)


66	Filed: 4/7/2005, Entered: 4/8/2005	Supplemental ROA Sent to USCA
	Supplemental Record on Appeal transmitted to US Court of Appeals re [53] Notice of Appeal, [35] Notice of Appeal, documents numbered 64, 65 (Ramos, Jeanette)


65	Filed: 3/21/2005, Entered: 3/21/2005	Transcript
	TRANSCRIPT of Proceedings held on September 17, 2004 before Judge F. Dennis Saylor. Court Reporter: Marianne Kusa-Ryll. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Hassett, Kathy)


64	Filed: 3/21/2005, Entered: 3/21/2005	Transcript
	TRANSCRIPT of Proceedings held on September 23, 2004 before Judge F. Dennis Saylor. Court Reporter: Marianne Kusa-Ryll. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting the court reporter or the Clerk's Office. (Hassett, Kathy)


63	Filed: 3/3/2005, Entered: 3/3/2005	Status Report
	STATUS REPORT by Scott Stern. (Jones, Sherry)


62	Filed: 2/25/2005, Entered: 2/25/2005, Terminated: 1/31/2006	Supplemental ROA Sent to USCA
	Supplemental Record on Appeal transmitted to US Court of Appeals re [53] Notice of Appeal, [35] Notice of Appeal, documents numbered 59, 60 (Ramos, Jeanette)


61	Filed: 2/22/2005, Entered: 2/22/2005	Letter/request (non-motion)
	Letter/request (non-motion) from Scott Stern. (Hassett, Kathy)


60	Filed: 2/18/2005, Entered: 2/18/2005	Order on Motion for Miscellaneous Relief
	Judge F. Dennis Saylor IV: Electronic MEMORANDUM AND ORDER entered granting [59] Motion for transcripts. (Castles, Martin)


58	Filed: 2/17/2005, Entered: 2/17/2005, Terminated: 1/31/2006	Supplemental ROA Sent to USCA
	Supplemental Record on Appeal transmitted to US Court of Appeals re [53] Notice of Appeal, [35] Notice of Appeal, documents numbered 56,57 (Ramos, Jeanette)


59	Filed: 2/14/2005, Entered: 2/18/2005, Terminated: 2/18/2005	Motion for Miscellaneous Relief
	MOTION to allow the transcription of September 17, 2004, a telephone hearing, and a hearing on September 23, 2004, between the named Defendants and Plaintiff, with Judge F. Dennis Saylor IV presiding, at Government Expense by Scott Stern.(Hassett, Kathy)


57	Filed: 2/14/2005, Entered: 2/14/2005	Memorandum of Law
	MEMORANDUM OF LAW by Scott Stern. (Attachments: # (1) part 2# (2) Part 3)(Hassett, Kathy)


56	Filed: 2/14/2005, Entered: 2/14/2005	Statement of Facts
	STATEMENT of facts filed by Scott Stern. (Hassett, Kathy)


55	Filed: 1/26/2005, Entered: 1/26/2005, Terminated: 1/31/2006	USCA Case Number
	USCA Case Number 05-1043 for [53] Notice of Appeal, filed by Scott Stern,. (Ramos, Jeanette)


54	Filed: 1/10/2005, Entered: 1/10/2005, Terminated: 1/31/2006	Appeal Record Sent to USCA
	Certified and Transmitted Record on Appeal to US Court of Appeals re [53] Notice of Appeal, (Ramos, Jeanette)


53	Filed: 12/28/2004, Entered: 12/28/2004, Terminated: 1/31/2006	Notice of Appeal
	NOTICE OF APPEAL as to [51] Order Dismissing Case by Scott Stern. 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/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Appeal Record due by 1/17/2005. (Hassett, Kathy)


52	Filed: 12/28/2004, Entered: 12/28/2004	Letter/request (non-motion)
	Letter/request (non-motion) from Scott Stern. (Hassett, Kathy)


51	Filed: 12/23/2004, Entered: 12/23/2004	Order Dismissing Case
	Judge F. Dennis Saylor IV: ORDER entered ORDER DISMISSING CASE. (cc/cl)(Castles, Martin)


50	Filed: 12/23/2004, Entered: 12/23/2004	Order on Motion to Dismiss
	Judge F. Dennis Saylor IV: Electronic MEMORANDUM AND ORDER entered granting [31] Motion to Dismiss, denying [33] Motion, denying [42] Motion to Amend, granting [43] Motion to Dismiss, denying [19] Motion to Amend, denying [20] Motion for Modification. (cc/cl)) (Castles, Martin)


49	Filed: 12/10/2004, Entered: 12/10/2004, Terminated: 1/31/2006	USCA Order
	ORDER of USCA as to [35] Notice of Appeal, filed by Scott Stern. This court has docketed plaintiff's appeal from the memorandum and order denying preliminary injunction entered on October 15, 2004 in CA No. 04-30176 (D. Mass.) as Appeal No. 04-2474. On Octobre 22, 2004, plaintiff filed a motion for reconsideration. Pursuant to Fed. R. App. P. 4(a)(4)(A), the notice of appeal does not become effective until district court disposes of the Post-judgment motion. Therefore, appellant is directed to file a status report by December 31, 2004 and at thirty day intervals thereafter, informing this court of any action taken by the district court on the Post-judgment motion. See Order for further details. (Ramos, Jeanette)


48	Filed: 12/10/2004, Entered: 12/10/2004	Order on Motion for Reconsideration
	Judge F. Dennis Saylor IV: Electronic ORDER entered denying [34] Motion for Reconsideration. (cc/cl) (Castles, Martin)


47	Filed: 12/10/2004, Entered: 12/10/2004	Order on Motion for Recusal
	Judge F. Dennis Saylor IV: Electronic ORDER entered denying [36] Motion for Recusal. (cc/cl) (Castles, Martin)


46	Filed: 12/3/2004, Entered: 12/3/2004, Terminated: 12/3/2004	Motion for Leave to File
	MOTION for Leave to File Reply Memorandum in Support of [43] by Division of Health Care Finance and Policy, Massachusetts Board of Higher Education and Getachew Habteh-Yimer, c/s.(Hassett, Kathy)


--	Filed: 12/3/2004, Entered: 12/3/2004	Order on Motion For Leave to File.
	Judge F. Dennis Saylor IV: Electronic ORDER entered granting [46] Motion for Leave to File. "MOTION ALLOWED, by the Court." (cc/cl) (Hassett, Kathy)


45	Filed: 12/1/2004, Entered: 12/1/2004	Opposition to Motion
	Opposition re [43] MOTION to Dismiss filed by Scott Stern, c/s. (Hassett, Kathy)


44	Filed: 11/17/2004, Entered: 11/17/2004, Terminated: 1/31/2006	USCA Case Number
	USCA Case Number: 04-2474 assigned by First Circuit for [35] Notice of Appeal, filed by Scott Stern. (Ramos, Jeanette)


43	Filed: 11/16/2004, Entered: 11/16/2004, Terminated: 12/23/2004	Motion to Dismiss
	MOTION to Dismiss plaintiff's consolidated complaint of all amendments by Division of Health Care Finance and Policy, Massachusetts Board of Higher Education, c/s.(Jones, Sherry)


42	Filed: 11/5/2004, Entered: 11/5/2004, Terminated: 12/23/2004	Motion to Amend
	MOTION to Amend [3] Complaint by Scott Stern. (Attachments: # (1) Part 2# (2) Part 3)(Jones, Sherry)


41	Filed: 11/4/2004, Entered: 11/4/2004, Terminated: 11/4/2004	Motion for Extension of Time to File Response/Repl
	MOTION for Extension of Time for 30 days to File Response/Reply as to [31] MOTION to Dismiss by Scott Stern.(Hassett, Kathy)


--	Filed: 11/4/2004, Entered: 11/4/2004	Order on Motion for Extension of Time to File Resp
	Judge F. Dennis Saylor IV: Electronic ORDER entered granting [41] Motion for Extension of Time to File Response/Reply re [31] MOTION to Dismiss Responses due by 12/1/2004 (cc/cl) (Hassett, Kathy)


40	Filed: 11/1/2004, Entered: 11/1/2004	~Notice (other)
	NOTICE by Brian Burke, Division of Health Care Finance and Policy, Massachusetts Board of Higher Education, Massachusetts Board of Trustees, Bernadette Melby, University of Massachusetts at Amherst Health Services, c/s. (Jones, Sherry)


39	Filed: 10/27/2004, Entered: 10/27/2004, Terminated: 1/31/2006	Appeal Record Sent to USCA
	Certified and Transmitted Record on Appeal to US Court of Appeals re [35] Notice of Appeal, NOA #35 & document #29 (Ramos, Jeanette)


38	Filed: 10/27/2004, Entered: 10/27/2004	Letter/request (non-motion)
	Letter/request (non-motion) from Geoffrey B. McCullough. (Jones, Sherry)


37	Filed: 10/22/2004, Entered: 10/22/2004	Certificate Of Service.
	CERTIFICATE OF SERVICE by Scott Stern re [33] MOTION to Consolidate all pending motions to Amend the Original Complaint of September 7, 2004, [34] MOTION for Reconsideration re [29] Order on Motion for Preliminary Injunction, [35] Notice of Appeal,, [36] MOTION for Recusal. (Hassett, Kathy)


36	Filed: 10/22/2004, Entered: 10/22/2004, Terminated: 12/10/2004	Motion for Recusal
	MOTION for Recusal of Judge Dennis Saylor by Scott Stern.(Hassett, Kathy)


35	Filed: 10/22/2004, Entered: 10/22/2004, Terminated: 1/31/2006	Notice of Appeal
	NOTICE OF APPEAL as to [29] Order on Motion for Preliminary Injunction by Scott Stern. Filing fee not paid. $ 0.0, receipt number NA 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/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Appeal Record due by 11/11/2004. (Hassett, Kathy)


34	Filed: 10/22/2004, Entered: 10/22/2004, Terminated: 12/10/2004	Motion for Reconsideration
	MOTION for Reconsideration re [29] Order on Motion for Preliminary Injunction by Scott Stern.(Hassett, Kathy)


33	Filed: 10/22/2004, Entered: 10/22/2004, Terminated: 12/23/2004	Motion for Miscellaneous Relief
	MOTION to Consolidate all pending motions to Amend the Original Complaint of September 7, 2004 by Scott Stern.(Hassett, Kathy)


31	Filed: 10/15/2004, Entered: 10/15/2004, Terminated: 12/23/2004	Motion to Dismiss
	MOTION to Dismiss by Brian Burke, Massachusetts Board of Trustees, Bernadette Melby, University of Massachusetts at Amherst Health Services, c/s.(Hassett, Kathy)


30	Filed: 10/15/2004, Entered: 10/15/2004	Order on Motion for Extension of Time to Answer
	Judge F. Dennis Saylor IV: Electronic ORDER entered granting in part and denying in part [26] Motion for Extension of Time to Answer. (cc/cl) (Castles, Martin)


29	Filed: 10/15/2004, Entered: 10/15/2004	Order on Motion for Preliminary Injunction
	Judge F. Dennis Saylor IV: Electronic MEMORANUM AND ORDER entered denying [7] Motion for Preliminary Injunction. (cc/cl) (Castles, Martin)


28	Filed: 10/15/2004, Entered: 10/15/2004	Order on Motion for Sanctions
	Judge F. Dennis Saylor IV: Electronic ORDER entered denying [21] Motion for Sanctions. (cc/cl) (Castles, Martin)


27	Filed: 10/15/2004, Entered: 10/15/2004	Order on Motion to Amend
	Judge F. Dennis Saylor IV: Electronic ORDER entered granting [14] Motion to Amend. (cc/cl) (Castles, Martin)


26	Filed: 10/13/2004, Entered: 10/13/2004, Terminated: 10/15/2004	Motion for Extension of Time to File Answer
	MOTION for Extension of Time to November 12, 2004 to File Answer re [3] Complaint by Division of Health Care Finance and Policy, Massachusetts Board of Higher Education, c/s.(Hassett, Kathy)


25	Filed: 10/13/2004, Entered: 10/13/2004	Notice of Appearance
	NOTICE of Appearance by Salvatore Giorlandino on behalf of Division of Health Care Finance and Policy, Massachusetts Board of Higher Education, c/s. (Hassett, Kathy)


24	Filed: 10/6/2004, Entered: 10/6/2004	Summons Returned Executed
	Marshals return of service executed as to Brian Burke and Bernadette Melby - served on 10/5/2004. Answer due 10/25/2004. (Finn, Mary)


23	Filed: 9/29/2004, Entered: 9/29/2004	Opposition to Motion
	Supplemental Opposition re [7] MOTION for Preliminary Injunction filed by Brian Burke, Division of Health Care Finance and Policy, Massachusetts Board of Higher Education, Massachusetts Board of Trustees, Bernadette Melby, University of Massachusetts at Amherst Health Services, c/s. (Jones, Sherry)


22	Filed: 9/28/2004, Entered: 9/28/2004	Affidavit in Support of Motion
	AFFIDAVIT of Scott Stern in Support re [20] MOTION to Modify named defendant's in complaint of September 6, 2004, [21] MOTION for Sanctions, [19] MOTION to Amend [3] Complaint filed by Scott Stern. (Jones, Sherry)


21	Filed: 9/28/2004, Entered: 9/28/2004, Terminated: 10/15/2004	Motion for Sanctions
	MOTION to Sanction defendant's and defendant's counsel by Scott Stern.(Jones, Sherry)


20	Filed: 9/28/2004, Entered: 9/28/2004, Terminated: 12/23/2004	Motion to Modify
	MOTION to Modify named defendant's in complaint of September 6, 2004 by Scott Stern.(Jones, Sherry)


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19	Filed: 9/28/2004, Entered: 9/28/2004, Terminated: 12/23/2004	Motion to Amend
	MOTION to Amend [3] Complaint by Scott Stern.(Jones, Sherry)


18	Filed: 9/28/2004, Entered: 9/28/2004	Summons Returned Executed
	Marshals return of service Executed as to Deft. Massachusetts Board of Higher Education - served on 9/23/2004, answer due 10/13/2004. (Finn, Mary)


17	Filed: 9/28/2004, Entered: 9/28/2004	Summons Returned Executed
	Marshals return of service Executed as to Deft. Division of Health Care Finance and Policy - served on 9/23/2004, answer due 10/13/2004. (Finn, Mary)


16	Filed: 9/28/2004, Entered: 9/28/2004	Summons Returned Executed
	Marshals return of service returned Executed as to Deft. Massachusetts Board of Trustees - served on 9/23/2004, answer due 10/13/2004. (Finn, Mary) Modified on 9/28/2004 (Finn, Mary).


32	Filed: 9/27/2004, Entered: 10/15/2004	Appendix/Exhibit
	APPENDIX/EXHIBIT re [7] MOTION for Preliminary Injunction by Scott Stern. (Attachments: # (1) # (2) # (3) # (4) # (5))(Hassett, Kathy) Additional attachment(s) added on 10/19/2004 (Hassett, Kathy). Attachment 4 (4) Attachment 5 (5 Attachment 6


15	Filed: 9/23/2004, Entered: 9/23/2004	Memorandum in Support of Motion
	MEMORANDUM OF LAW in Support re [7] MOTION for Preliminary Injunction filed by Scott Stern, c/s. (Attachments: # (1) Part B# (2) Part C)(Hassett, Kathy) Attachment 2 Part C Attachment 3


14	Filed: 9/23/2004, Entered: 9/23/2004, Terminated: 10/15/2004	Motion to Amend
	MOTION to Amend [3] Complaint by Scott Stern, c/s.(Hassett, Kathy)


13	Filed: 9/23/2004, Entered: 9/23/2004	Notice of Withdrawal of Appearance
	NOTICE of Withdrawal of Appearance Attorney Brian W. Burke terminated. (Hassett, Kathy)


--	Filed: 9/23/2004, Entered: 9/24/2004	Motion Hearing
	Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Motion Hearing held on 9/23/2004 re [7] MOTION for Preliminary Injunction filed by Scott Stern. Case called, Plaintiff (pro-se) and dft's counsel appear for hearing on motion for PI, Court hears arguments of parties, Court orders dft to file briefs by 9/28/04, Court takes motion under advisment. (Court Reporter Kusa-Ryll.) (Castles, Martin)


12	Filed: 9/22/2004, Entered: 9/22/2004	Affidavit in Opposition to Motion
	AFFIDAVIT of Bernette A. Melby in Opposition re [7] MOTION for Preliminary Injunction filed by Brian Burke, Division of Health Care Finance and Policy, Massachusetts Board of Higher Education, Massachusetts Board of Trustees, Bernadette Melby, University of Massachusetts at Amherst Health Services. (Jones, Sherry)


11	Filed: 9/22/2004, Entered: 9/22/2004	Affidavit in Opposition to Motion
	AFFIDAVIT of Thomas M. Mathers in Opposition re [7] MOTION for Preliminary Injunction filed by Brian Burke, Division of Health Care Finance and Policy, Massachusetts Board of Higher Education, Massachusetts Board of Trustees, Bernadette Melby, University of Massachusetts at Amherst Health Services. (Jones, Sherry)


10	Filed: 9/22/2004, Entered: 9/22/2004	Opposition to Motion
	Opposition re [7] MOTION for Preliminary Injunction filed by Brian Burke, Division of Health Care Finance and Policy, Massachusetts Board of Higher Education, Massachusetts Board of Trustees, Bernadette Melby, University of Massachusetts at Amherst Health Services. (Jones, Sherry)


--	Filed: 9/21/2004, Entered: 9/21/2004	set/reset motion and R&R; deadlines/hearings
	Set Deadlines as to [7] MOTION for Preliminary Injunction. Motion Hearing set for 9/23/2004 at 12:00PM in Courtroom 2 before F. Dennis Saylor IV. (cc/cl) (Castles, Martin)


9	Filed: 9/20/2004, Entered: 9/20/2004	Affidavit in Support of Motion
	AFFIDAVIT of Scott Stern in Support re [7] MOTION for Preliminary Injunction filed by Scott Stern. (Jones, Sherry)


8	Filed: 9/20/2004, Entered: 9/20/2004	Affidavit in Support of Motion
	AFFIDAVIT of Scott Stern in Support re [7] MOTION for Preliminary Injunction filed by Scott Stern. (Jones, Sherry)


--	Filed: 9/17/2004, Entered: 9/20/2004	Order on Motion for TRO
	Judge F. Dennis Saylor IV: Electronic ORDER entered denying [4] Motion for TRO. Motion denied during telephone conference this date. (Castles, Martin)


--	Filed: 9/17/2004, Entered: 9/20/2004	Motion Hearing
	Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor IV: Motion Hearing held on 9/17/2004 re [4] MOTION for Temporary Restraining Order filed by Scott Stern, Telephone Conference held on 9/17/2004, Case called, Plaintiff (pro-se) and counsel for the dft appear by phone, Court hears arguments of plaintiff and cousnel, Court puts ruling on the record, Court DENIES motion for TRO, Court sets further hearing for Preliminary injunction: Set Deadlines/Hearing as to [4] MOTION for Temporary Restraining Order:. Motion Hearing set for 9/23/2004 12:00 PM in Courtroom 2 before F. Dennis Saylor IV. (Court Reporter Kusa-Ryll.) (Castles, Martin)


6	Filed: 9/15/2004, Entered: 9/15/2004	Notice of Appearance
	NOTICE of Appearance by Geoffrey B. McCullough on behalf of Brian Burke, Massachusetts Board of Trustees, Bernadette Melby, University of Massachusetts at Amherst Health Services, c/s. (Hassett, Kathy)


7	Filed: 9/14/2004, Entered: 9/20/2004	Motion for Preliminary Injunction
	EMERGENCY MOTION for Preliminary Injunction by Scott Stern.(Jones, Sherry)


--	Filed: 9/10/2004, Entered: 9/10/2004	Add and Terminate Judges
	Judge F. Dennis Saylor added. (Jones, Sherry)


--	Filed: 9/10/2004, Entered: 9/10/2004	Case Transferred In - Divisional Transfer
	Case transferred in from Springfield Division. Case Number 04-30176. Case assigned to Judge F. Dennis Saylor. (Jones, Sherry)


5	Filed: 9/8/2004, Entered: 9/8/2004	Order
	Judge Michael A Ponsor : ORDER OF RECUSAL entered, case ordered transferred to U.S. District Court Worcester Division. See attached order for complete details.(Lindsay, Maurice)


--	Filed: 9/8/2004, Entered: 9/8/2004	Case Transferred Out - Divisional Transfer
	Case transferred to Worcester Section. Original file and docket sheet sent to: United States District Court, Donoghue Federal Building, Clerk's Office, 595 Main Street, Worcester MA 01608. (Finn, Mary)


4	Filed: 9/7/2004, Entered: 9/8/2004	Motion for TRO
	Plaintiffs' Emergency MOTION for Temporary Restraining Order by Scott Stern.(Lindsay, Maurice)


3	Filed: 9/7/2004, Entered: 9/8/2004	Complaint
	COMPLAINT Filing fee: (WV)IFP receipt number N/A, filed by Scott Stern.(Lindsay, Maurice) Additional attachment(s) added on 9/8/2004 (Lindsay, Maurice).


2	Filed: 9/7/2004, Entered: 9/8/2004	Order on Motion for Leave to Proceed in forma paup
	Judge Kenneth P. Neiman : ORDER entered granting Ptf's [1] Motion/Application to Proceed without prepayment of fees (in forma pauperis) (Lindsay, Maurice)


1	Filed: 9/7/2004, Entered: 9/8/2004	Motion for Leave to Proceed In Forma Pauperis
	MOTION/Application to Proceed without prepayment of fees and Affidavit (in forma pauperis) by Scott Stern.(Lindsay, Maurice)


--	Filed: 9/7/2004, Entered: 9/8/2004	Summons Issued
	Summons Issued as to Brian Burke, Division of Health Care Finance and Policy, Massachusetts Board of Higher Education, Massachusetts Board of Trustees, Bernadette Melby, University of Massachusetts at Amherst Health Services. Summons delivered to U.S. Marshal for service.(Lindsay, Maurice)