Commonwealth of MA Office of the Attorney General v. Blank

Federal Civil Lawsuit Massachusetts District Court, Case No. 1:13-cv-11301
District Judge Richard G. Stearns, presiding
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District Judge Richard G. Stearns
Last Updated January 6, 2019 at 2:47 AM EST (6 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Office of the Massachusetts Attorney General, Plaintiff
Officially listed as "Commonwealth of Massachusetts Office of The Attorney General"

Represented by Commonwealth of Massachusetts

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Daniel J. Hammond +1 617 727 2200 +1 617 727 5785 dan.hammond@ago.state.ma.us
ATTORNEY TO BE NOTICED Julia E. Kobick +1 617 963 2559 julia.kobick@state.ma.us
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jennifer Grace Miller +1 617 727 2200 +1 617 727 5785 jennifer.miller@state.ma.us

Represented by State Bar Information

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Catherine B. Kramer +1 508 801 3815 ckramer26@gmail.com

Represented by State of Rhode Island

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Christian F. Capizzo +1 401 222 3016 ccapizzo@riag.ri.gov
v.
No Logo Kathryn D Sullivan, Defendant
No Logo National Marine Fisheries Service, Defendant
No Logo National Oceanic and Atmospheric Administration, Defendant
No Logo Rebecca Blank, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeremy Scott Hessler +1 202 305 0431 +1 202 305 0275 jeremy.hessler@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mary Hollingsworth +1 202 305 0324 mary.hollingsworth@usdoj.gov
ATTORNEY TO BE NOTICED Christine J. Wichers +1 617 748 3278 christine.wichers@usdoj.gov
No Logo Samuel D Rauch, III, Defendant
United States Department of Commerce United States Department of Commerce, Defendant
United States of America United States of America, Defendant
Other Parties
No Logo New Hampshire State, Intervenor
No Logo State of New Hampshire, Intervenor Plaintiff

Represented by Office of the New Hampshire Attorney General

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Peter C.L. Roth +1 603 271 3679 +1 603 223 6269 peter.roth@doj.nh.gov
Attributes
Citation Section 05 U.S.C. § 702
Nature of Suit 899 - Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Timeline
  Entries (56) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 56 Filed: 4/8/2014, Entered: None Court Filing
Judge Richard G. Stearns: ORDER entered. JUDGMENT in favor of the Defendants. 55 (Seelye, Terri) (Entered: 04/09/2014)
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Legal Document (Payment Possibly Required) 55 Filed: 4/8/2014, Entered: None Court Filing
Judge Richard G. Stearns: ORDER entered DENYING plaintiffs' motions for summary judgment 31 and 34 and GRANTING defendants' motion for summary judgment 40 . (RGS, law4) Modified links on 4/9/2014 (Seelye, Terri). (Entered: 04/08/2014)
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Legal Document (Payment Possibly Required) 54 Filed: 4/4/2014, Entered: None Court Filing
ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns: Motion Hearing held on 4/4/2014 re 34 MOTION for Summary Judgment filed by State of New Hampshire, 31 MOTION for Summary Judgment filed by Commonwealth of Massachusetts Office of The Attorney General. (Court Reporter: Carol Scott at 617-330-1377.)(Attorneys present: Roth, Kobick, Hammond, Martin, Hessler) (RGS, law4) (Entered: 04/04/2014)
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Legal Document (Payment Possibly Required) 53 Filed: 4/1/2014, Entered: None
NOTICE by Rebecca Blank, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Samuel D Rauch, III, Kathryn D Sullivan, United States Department of Commerce, United States of America re 32 Memorandum in Support of Motion, 46 Reply to Response to Motion, 44 Reply to Response to Motion, 40 Opposition to Motion, 31 MOTION for Summary Judgment , 41 Memorandum in Support of Motion, Filing of Joint Appendix (Attachments: # 1 Exhibit Index to Joint Appendix)(Hessler, Jeremy) (Entered: 04/01/2014)
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Legal Document (Payment Possibly Required) 52 Filed: 4/1/2014, Entered: None
AMICUS BRIEF filed by Commonwealth of Massachusetts Office of The Attorney General . (Kramer, Catherine) (Entered: 04/01/2014)
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Legal Document (Payment Possibly Required) 51 Filed: 4/1/2014, Entered: None Court Filing
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 50 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law4) (Entered: 04/01/2014)
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Legal Document (Payment Possibly Required) 50 Filed: 4/1/2014, Entered: None
First MOTION for Leave to File Amended Amicus Brief by Commonwealth of Massachusetts Office of The Attorney General. (Attachments: # 1 Amended Amicus Brief)(Kramer, Catherine) (Entered: 04/01/2014)
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Legal Document (Payment Possibly Required) 49 Filed: 3/31/2014, Entered: None Court Filing
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 48 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law4) (Entered: 03/31/2014)
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Legal Document (Payment Possibly Required) 48 Filed: 3/28/2014, Entered: None
First MOTION for Leave to File to Participate as Amicus Brief by Commonwealth of Massachusetts Office of The Attorney General. (Attachments: # 1 Amicus Brief)(Kramer, Catherine) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 47 Filed: 3/28/2014, Entered: None
Amicus Curiae APPEARANCE entered by Catherine B. Kramer on behalf of Commonwealth of Massachusetts Office of The Attorney General. (Kramer, Catherine) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 46 Filed: 3/28/2014, Entered: None
REPLY to Response to 34 MOTION for Summary Judgment , 31 MOTION for Summary Judgment filed by Rebecca Blank, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Samuel D Rauch, III, Kathryn D Sullivan, United States Department of Commerce, United States of America. (Hessler, Jeremy) (Entered: 03/28/2014)
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Legal Document (Payment Possibly Required) 45 Filed: 3/19/2014, Entered: None Court Filing
ELECTRONIC NOTICE Setting Hearing on 31 MOTION for Summary Judgment, 34 MOTION for Summary Judgment : Motion Hearing set for 4/4/2014 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) (Entered: 03/19/2014)
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Legal Document (Payment Possibly Required) 44 Filed: 3/7/2014, Entered: None
REPLY to Response to 31 MOTION for Summary Judgment filed by Commonwealth of Massachusetts Office of The Attorney General. (Hammond, Daniel) (Entered: 03/07/2014)
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Legal Document (Payment Possibly Required) 43 Filed: 2/24/2014, Entered: None
NOTICE of filing DVD -supplement to the Administrative Record by United States Department of Commerce, United States of America, FILED. (Flaherty, Elaine) (Entered: 02/24/2014)
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Legal Document (Payment Possibly Required) 42 Filed: 2/19/2014, Entered: None
Notice of Supplemental Authorities re 34 MOTION for Summary Judgment , 31 MOTION for Summary Judgment , 29 Third Party MOTION for Leave to File Amicus (Attachments: # 1 Exhibit Oceana Inc. v. Pritzker)(Hessler, Jeremy) (Entered: 02/19/2014)
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Legal Document (Payment Possibly Required) 41 Filed: 2/14/2014, Entered: None
MEMORANDUM in Support re 34 MOTION for Summary Judgment , 31 MOTION for Summary Judgment , 29 Third Party MOTION for Leave to File Amicus filed by Rebecca Blank, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Samuel D Rauch, III, Kathryn D Sullivan, United States Department of Commerce, United States of America. (Hessler, Jeremy) (Entered: 02/14/2014)
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Legal Document (Payment Possibly Required) 40 Filed: 2/14/2014, Entered: None
Opposition re 34 MOTION for Summary Judgment , 31 MOTION for Summary Judgment , 29 Third Party MOTION for Leave to File Amicus filed by Rebecca Blank, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Samuel D Rauch, III, Kathryn D Sullivan, United States Department of Commerce, United States of America. (Hessler, Jeremy) (Entered: 02/14/2014)
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Legal Document (Payment Possibly Required) 39 Filed: 2/14/2014, Entered: None
NOTICE by Rebecca Blank, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Samuel D Rauch, III, Kathryn D Sullivan, United States Department of Commerce, United States of America re 22 Notice (Other), Lodging a supplemental to the Administrative Record (Attachments: # 1 Affidavit Certifying supplement to administrative record)(Hessler, Jeremy) (Entered: 02/14/2014)
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Legal Document (Payment Possibly Required) 38 Filed: 12/6/2013, Entered: None
AMICUS BRIEF filed by Commonwealth of Massachusetts Office of The Attorney General Rhode Island Department of the Attorney General. (Capizzo, Christian) (Entered: 12/06/2013)
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Legal Document (Payment Possibly Required) 37 Filed: 12/4/2013, Entered: None Court Filing
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 29 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law4) (Entered: 12/04/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 12/4/2013, Entered: None
NOTICE of Appearance by Julia E. Kobick on behalf of Commonwealth of Massachusetts Office of The Attorney General (Kobick, Julia) (Entered: 12/04/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 12/3/2013, Entered: None
MEMORANDUM in Support re 34 MOTION for Summary Judgment filed by State of New Hampshire. (Roth, Peter) (Entered: 12/03/2013)
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Legal Document (Payment Possibly Required) 34 Filed: 12/3/2013, Entered: None
MOTION for Summary Judgment by State of New Hampshire.(Roth, Peter) (Entered: 12/03/2013)
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Legal Document (Payment Possibly Required) 33 Filed: 12/3/2013, Entered: None
Statement of Material Facts L.R. 56.1 re 31 MOTION for Summary Judgment filed by Commonwealth of Massachusetts Office of The Attorney General. (Hammond, Daniel) (Entered: 12/03/2013)
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Legal Document (Payment Possibly Required) 32 Filed: 12/3/2013, Entered: None
MEMORANDUM in Support re 31 MOTION for Summary Judgment filed by Commonwealth of Massachusetts Office of The Attorney General. (Hammond, Daniel) (Entered: 12/03/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 12/3/2013, Entered: None
MOTION for Summary Judgment by Commonwealth of Massachusetts Office of The Attorney General.(Hammond, Daniel) (Entered: 12/03/2013)
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Legal Document (Payment Possibly Required) 30 Filed: 12/3/2013, Entered: None
Amicus Curiae APPEARANCE entered by Christian F. Capizzo on behalf of Commonwealth of Massachusetts Office of The Attorney General. (Capizzo, Christian) (Entered: 12/03/2013)
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Legal Document (Payment Possibly Required) 29 Filed: 12/3/2013, Entered: None
Third Party MOTION for Leave to File Amicus by Commonwealth of Massachusetts Office of The Attorney General.(Capizzo, Christian) (Entered: 12/03/2013)
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Legal Document (Payment Possibly Required) 28 Filed: 11/14/2013, Entered: None
Set/Reset Scheduling Order Deadlines: Dispositive Motions due by 12/3/2013; Federal Defendants' Cross Motion 2/14/14. Plaintiff's Reply 3/7/14. Federal Defendants' Surreply 3/28/14. (Flaherty, Elaine) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 27 Filed: 11/14/2013, Entered: None Court Filing
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 26 Motion for Extension of Time for plaintiff to file dispositive motion by 12/3/13; Federal Defendants' Cross Motion 2/14/14. Plaintiff's Reply 3/7/14; Federal Defendants' Surreply 3/28/14. (Flaherty, Elaine) (Entered: 11/14/2013)
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Legal Document (Payment Possibly Required) 26 Filed: 11/13/2013, Entered: None
MOTION for Extension of Time to December 3, 2013 to File Dispositive Motion (and to alter subsequent deadlines accordingly) by Commonwealth of Massachusetts Office of The Attorney General.(Hammond, Daniel) (Entered: 11/13/2013)
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Legal Document (Payment Possibly Required) 25 Filed: 11/12/2013, Entered: None Court Filing
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 24 Motion for Leave to Appear Pro Hac Vice Added Capizzo. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Flaherty, Elaine) (Entered: 11/12/2013)
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Legal Document (Payment Possibly Required) 24 Filed: 11/8/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice for admission of Christian F. Capizzo by Commonwealth of Massachusetts Office of The Attorney General. (Attachments: # 1 Exhibit A: Affidavit of Christian F. Capizzo, # 2 Exhibit B: Capizzo Certificate of Good Standing, Rhode Island, # 3 Exhibit C: Notice of Intent to File Amicus Brief)(Hammond, Daniel) (Entered: 11/08/2013)
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Legal Document (Payment Possibly Required) 23 Filed: 11/5/2013, Entered: None
NOTICE by Rebecca Blank, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Samuel D Rauch, III, Kathryn D Sullivan, United States Department of Commerce, United States of America re 7 Notice (Other), Lodging the Supplemental Administrative Record (Hessler, Jeremy) (Entered: 11/05/2013)
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Legal Document (Payment Possibly Required) 22 Filed: 11/5/2013, Entered: None
NOTICE by Rebecca Blank, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Samuel D Rauch, III, Kathryn D Sullivan, United States Department of Commerce, United States of America re 11 Notice (Other) on Filing of Supplemental Administrative Record (Hessler, Jeremy) (Entered: 11/05/2013)
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Legal Document (Payment Possibly Required) 21 Filed: 10/30/2013, Entered: None Court Filing
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 20 Motion to Amend (Flaherty, Elaine) (Entered: 10/30/2013)
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Legal Document (Payment Possibly Required) 20 Filed: 10/28/2013, Entered: None
Proposed MOTION to Amend 12 JOINT STATEMENT re scheduling conference UNOPPOSED by Rebecca Blank, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Samuel D Rauch, III, Kathryn D Sullivan, United States Department of Commerce, United States of America.(Hessler, Jeremy) (Entered: 10/28/2013)
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Legal Document (Payment Possibly Required) 19 Filed: 10/23/2013, Entered: None
NOTICE of Appearance by Jeremy S. Hessler on behalf of Rebecca Blank, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Samuel D Rauch, III, Kathryn D Sullivan, United States Department of Commerce, United States of America (Hessler, Jeremy) (Entered: 10/23/2013)
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Legal Document (Payment Possibly Required) 18 Filed: 9/12/2013, Entered: None Court Filing
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 16 Motion to Intervene of the State of New Hampshire, parens patriae role (Flaherty, Elaine) (Entered: 09/12/2013)
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Legal Document (Payment Possibly Required) 17 Filed: 9/10/2013, Entered: None
MEMORANDUM in Support re 16 MOTION to Intervene filed by State of New Hampshire. (Roth, Peter) (Entered: 09/10/2013)
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Legal Document (Payment Possibly Required) 16 Filed: 9/10/2013, Entered: None
MOTION to Intervene by State of New Hampshire.(Roth, Peter) (Entered: 09/10/2013)
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Legal Document (Payment Possibly Required) 15 Filed: 9/10/2013, Entered: None
CERTIFICATION pursuant to Local Rule 16.1 . (Hollingsworth, Mary) (Entered: 09/10/2013)
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Legal Document (Payment Possibly Required) 14 Filed: 8/27/2013, Entered: None
ELECTRONIC NOTICE Canceling the Scheduling Conference set for 8/29/2013. (Seelye, Terri) (Entered: 08/27/2013)
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Legal Document (Payment Possibly Required) 13 Filed: 8/27/2013, Entered: None Court Filing
Judge Richard G. Stearns: ELECTRONIC ORDER entered CANCELING the 8/29/13 Scheduling Conference and adopting, IN PART, 12 JOINT STATEMENT. By 9/3/13 the Commonwealth shall notify the Government of any documents that in the Commonwealths view should have been (but were not) included in the administrative record; Commonwealth shall file a motion, if a disagreement persists, on or before 9/17/13 requesting supplementation of the record with a Response due within 21 days; if no motion is filed, the Commonwealth shallfile its dispositive motion on or before 11/15/2013; Government shall file their dispositive cross-motion on or before 1/31/14; the Commonwealth shall file a Response, if any, on or before 2/21/14; Government shall file their Surreply on or before 3/14/14.(Seelye, Terri) (Entered: 08/27/2013)
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Legal Document (Payment Possibly Required) 12 Filed: 8/21/2013, Entered: None
JOINT STATEMENT re scheduling conference . (Miller, Jennifer) (Entered: 08/21/2013)
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Legal Document (Payment Possibly Required) 11 Filed: 8/1/2013, Entered: None
NOTICE on Filing of Administrative Record by United States Department of Commerce Federal Defendants, FILED on CD -too large (Attachments: # 1 Supplement)(Flaherty, Elaine) (Entered: 08/01/2013)
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Legal Document (Payment Possibly Required) 10 Filed: 7/30/2013, Entered: None Court Filing
NOTICE of Scheduling Conference. Scheduling Conference set for 8/29/2013 at 4:00 PM in Courtroom 21 before Judge Richard G. Stearns. The parties are ORDERED TO FILE, 7 DAYS BEFORE (on or before 8/22/13) THE CONFERENCE, a JOINT STATEMENT containing a proposed pretrial schedule.(Seelye, Terri) (Entered: 07/30/2013)
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Legal Document (Payment Possibly Required) 9 Filed: 7/26/2013, Entered: None
NOTICE of Appearance by Christine J. Wichers on behalf of Rebecca Blank, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Samuel D Rauch, III, Kathryn D Sullivan, United States Department of Commerce, United States of America (Wichers, Christine) (Entered: 07/26/2013)
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Legal Document (Payment Possibly Required) 8 Filed: 7/25/2013, Entered: None
ANSWER to 1 Complaint, by Rebecca Blank, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Samuel D Rauch, III, Kathryn D Sullivan, United States Department of Commerce, United States of America.(Hollingsworth, Mary) (Entered: 07/25/2013)
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Legal Document (Payment Possibly Required) 7 Filed: 7/25/2013, Entered: None
NOTICE by Rebecca Blank, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Samuel D Rauch, III, Kathryn D Sullivan, United States Department of Commerce, United States of America of Lodging the Administrative Record (Hollingsworth, Mary) (Entered: 07/25/2013)
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Legal Document (Payment Possibly Required) 6 Filed: 7/25/2013, Entered: None
NOTICE of Appearance by Mary Hollingsworth on behalf of Rebecca Blank, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Samuel D Rauch, III, Kathryn D Sullivan, United States Department of Commerce, United States of America (Hollingsworth, Mary) (Entered: 07/25/2013)
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Legal Document (Payment Possibly Required) 5 Filed: 7/1/2013, Entered: None
AFFIDAVIT OF SERVICE Executed by Commonwealth of Massachusetts Office of The Attorney General. All Defendants. Acknowledgement filed by Commonwealth of Massachusetts Office of The Attorney General. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Miller, Jennifer) (Entered: 07/01/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 6/4/2013, Entered: None
NOTICE of Appearance by Daniel J. Hammond on behalf of COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL (Hammond, Daniel) (Entered: 06/04/2013)
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Legal Document (Payment Possibly Required) 3 Filed: 5/30/2013, Entered: None
Summons Issued as to Rebecca Blank, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Samuel D Rauch, III, Kathryn D Sullivan, United States Department of Commerce, United States of America. 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. (Johnson, Jay) (Entered: 05/30/2013)
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Legal Document (Payment Possibly Required) 2 Filed: 5/30/2013, Entered: None Court Filing
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 Marianne B. Bowler. (Abaid, Kimberly) (Entered: 05/30/2013)
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Legal Document (Payment Possibly Required) 1 Filed: 5/30/2013, Entered: None
COMPLAINT against All Defendants (Fee Status: Local Government), filed by COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Miller, Jennifer) (Attachment 1 replaced on 5/30/2013) (Johnson, Jay). (Attachment 2 replaced on 5/30/2013) (Johnson, Jay). (Entered: 05/30/2013)
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