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 00107982262 |
Filed: 3/6/2023, Entered: None |
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ORDER entered by David J. Barron, Chief Appellate Judge; William J. Kayatta, Jr., Appellate Judge; Sandra L. Lynch, Appellate Judge; Gustavo A. Gelpi, Jr., Appellate Judge and Lara E. Montecalvo, Appellate Judge, denying petition for rehearing en banc filed by Appellants Gregory M. Lemelson and Lemelson Capital Management, LLC. Pursuant to First Circuit Internal Operating Procedure X(C), the petition for rehearing en banc has also been treated as a petition for rehearing before the original panel. The petition for rehearing having been denied by the panel of judges who decided the case, and the petition for rehearing en banc having been submitted to the active judges of this court and a majority of the judges not having voted that the case be heard en banc, it is ordered that the petition for rehearing and petition for rehearing en banc be denied. [22-1630] (GAK)
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| 00107976191 |
Filed: 2/16/2023, Entered: None |
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PETITION for rehearing en banc filed by Appellants Gregory M. Lemelson and Lemelson Capital Management, LLC. Served on 02/16/2023. [22-1630] (KPM)
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| 00107959850 |
Filed: 1/3/2023, Entered: None |
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JUDGMENT: Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The judgment of the district court is affirmed. [22-1630] (CMP)
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| 00107959847 |
Filed: 1/3/2023, Entered: None |
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OPINION issued by Sandra L. Lynch, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge. Published. [22-1630] (CMP)
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Filed: 12/8/2022, Entered: None |
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CASE argued. Panel: Sandra L. Lynch, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge. Arguing attorneys: Kevin Paul Martin for Gregory M. Lemelson and Lemelson Capital Management, LLC and Ezekiel L. Hill for SEC. [22-1630] (DJT)
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Filed: 12/8/2022, Entered: None |
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CASE argued. Panel: Sandra L. Lynch, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge. Arguing attorneys: Kevin Paul Martin for Gregory M. Lemelson and Lemelson Capital Management, LLC and Ezekiel L. Hill for SEC. [22-1630] (DJT)
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| 00107937460 |
Filed: 10/28/2022, Entered: None |
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DESIGNATION of attorney presenting oral argument filed by Attorney Ezekiel L. Hill for Appellee SEC. Served on 10/28/2022. [22-1630] (ELH)
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| 00107937258 |
Filed: 10/27/2022, Entered: None |
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DESIGNATION of attorney presenting oral argument filed by Attorney Kevin Paul Martin for Appellants Lemelson Capital Management, LLC and Gregory M. Lemelson. Served on 10/27/2022. [22-1630] (KPM)
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| 00107937145 |
Filed: 10/27/2022, Entered: None |
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CASE calendared: This case is presently scheduled to be called for oral argument on Thursday, December 8, 2022 at 9:30 a.m. in Boston, MA in the En Banc Courtroom at the Moakley Courthouse. There will be no continuance except for grave cause. Designation form due 11/01/2022. [22-1630] (DJT)
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Filed: 10/17/2022, Entered: None |
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NINE (9) paper copies of reply brief [6526080-2] submitted by Appellants Gregory M. Lemelson and Lemelson Capital Management, LLC. [22-1630] (ATC)
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| 00107932584 |
Filed: 10/14/2022, Entered: None |
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REPLY BRIEF filed by Appellants Gregory M. Lemelson and Lemelson Capital Management, LLC. Served on 10/14/2022. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/21/2022. [22-1630] (AVN)
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| 00107932568 |
Filed: 10/14/2022, Entered: None |
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BRIEF tendered by Appellants Lemelson Capital Management, LLC and Gregory M. Lemelson. [22-1630] (KPM)
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Filed: 10/12/2022, Entered: None |
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NINE (9) paper copies of appellee's brief [6524766-2] submitted by Appellee SEC. [22-1630] (YCC)
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| 00107930189 |
Filed: 10/7/2022, Entered: None |
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APPELLEE'S BRIEF filed by Appellee SEC. Served on 10/07/2022. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/14/2022. [22-1630] (AVN)
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| 00107930112 |
Filed: 10/7/2022, Entered: None |
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BRIEF tendered by Appellee SEC. [22-1630] (ELH)
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| 00107927874 |
Filed: 10/3/2022, Entered: None |
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Mail returned as undeliverable to Attorney Sonia G. Torrico for Appellee SEC. Copy of order issued September 1, 2022. [22-1630] (ATC)
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| 00107924039 |
Filed: 9/21/2022, Entered: None |
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LETTER regarding notice of Goodwin's new hire Jesse Lempel filed by Attorney Kevin Paul Martin for Appellants Lemelson Capital Management, LLC and Gregory M. Lemelson. Served on 09/21/2022. [22-1630] (KPM)
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Filed: 9/20/2022, Entered: None |
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FIVE (5) paper copies of appendix [6520750-2] submitted by Appellants Gregory M. Lemelson and Lemelson Capital Management, LLC. Number of volumes: 6. [22-1630] (YCC)
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| 00107922818 |
Filed: 9/16/2022, Entered: None |
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APPENDIX filed by Appellants Gregory M. Lemelson and Lemelson Capital Management, LLC. Served on 09/16/2022. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 09/23/2022 [22-1630] (LIM)
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| 00107922815 |
Filed: 9/16/2022, Entered: None |
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DISCLOSURE statement filed by Appellants Gregory M. Lemelson and Lemelson Capital Management, LLC. Served on 09/16/2022. [22-1630] (LIM)
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| 00107922812 |
Filed: 9/16/2022, Entered: None |
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APPELLANTS' BRIEF filed by Appellants Gregory M. Lemelson and Lemelson Capital Management, LLC. Served on 09/16/2022. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 09/23/2022. [22-1630] (LIM)
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| 00107922443 |
Filed: 9/16/2022, Entered: None |
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APPENDIX tendered by Appellants Lemelson Capital Management, LLC and Gregory M. Lemelson. Served on 09/16/2022. [22-1630] (KPM)
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| 00107922425 |
Filed: 9/16/2022, Entered: None |
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BRIEF tendered by Appellants Lemelson Capital Management, LLC and Gregory M. Lemelson. [22-1630] (KPM)
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| 00107920466 |
Filed: 9/13/2022, Entered: None |
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NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Virgnia M. Rosado Desilets for SEC, Sonia G. Torrico for SEC, Andrea Abarca for Ligand Pharmaceuticals, Inc., Bradley J. Bondi for Ligand Pharmaceuticals, Inc. and Sean P. Tonolli for Ligand Pharmaceuticals, Inc.. [22-1630] (JMK)
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| 00107918948 |
Filed: 9/8/2022, Entered: None |
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EXPEDITED briefing schedule set. Brief and Appendix due 09/16/2022 for appellants Gregory M. Lemelson and Lemelson Capital Management, LLC. Brief due 10/07/2022 for appellee US Securities & Exchange Commission. Reply brief due 10/14/2022 for appellants Gregory M. Lemelson and Lemelson Capital Management, LLC. [22-1630] (JMK)
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| 00107918940 |
Filed: 9/8/2022, Entered: None |
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ORDER entered by Gustavo A. Gelpi, Jr., Appellate Judge: The parties' joint motion for expedited briefing schedule is allowed as follows. 1. Appellants’ Opening Brief and Appendix: Due September 16, 2022. 2. Appellee’s Response Brief: Due October 7, 2022. 3. Appellants’ Reply Brief: Due October 14, 2022. The court contemplates oral argument during the December 2022 sitting. [22-1630] (JMK)
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| 00107917945 |
Filed: 9/6/2022, Entered: None |
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JOINT MOTION to expedite briefing schedule filed by Appellants Lemelson Capital Management, LLC, Gregory M. Lemelson and Appellee SEC. Served on 09/06/2022. [22-1630] (KPM)
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| 00107916276 |
Filed: 9/1/2022, Entered: None |
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ORDER entered by Rogeriee Thompson, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge: In the final judgment of the district court, appellants Gregory Lemelson and Lemelson Capital Management, LLC were, among other things, enjoined from violating Section 10(b) of the Securities Exchange Act and Rule 10b-5 for a period of five years. See Sec. & Exch. Comm'n v. Lemelson, ___ F. Supp. 3d ___, 2022 WL 952264, at *1 (D. Mass. Mar. 30, 2022). The appellants' emergency motion for a stay of the district court's injunction pending appeal is denied. The parties shall jointly submit a proposed expedited briefing schedule within ten days of this order. [22-1630] (JMK)
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| 00107914619 |
Filed: 8/29/2022, Entered: None |
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NOTICE issued. After 09/12/2022, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Virgnia M. Rosado Desilets for SEC, Sonia G. Torrico for SEC, Andrea Abarca for Ligand Pharmaceuticals, Inc., Bradley J. Bondi for Ligand Pharmaceuticals, Inc. and Sean P. Tonolli for Ligand Pharmaceuticals, Inc.. [22-1630] (JMK)
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| 00107913740 |
Filed: 8/25/2022, Entered: None |
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TRANSCRIPT report/order form filed by Appellants Lemelson Capital Management, LLC and Gregory M. Lemelson indicating all necessary transcripts have already been filed in district court. Served on 08/25/2022. [22-1630] (KPM)
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| 00107912625 |
Filed: 8/23/2022, Entered: None |
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REPLY filed by Appellants Lemelson Capital Management, LLC and Gregory M. Lemelson to [6514744-2]. Served on 08/23/2022. [22-1630] (KPM)
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| 00107911263 |
Filed: 8/19/2022, Entered: None |
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RESPONSE filed by Appellee SEC to to stay [6513589-2]. Served on 08/19/2022. [22-1630] (ELH)
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| 00107910002 |
Filed: 8/16/2022, Entered: None |
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NOTICE of appearance on behalf of Appellee SEC filed by Attorney Ezekiel L. Hill. Served on 08/16/2022. [22-1630] (ELH)
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| 00107909115 |
Filed: 8/15/2022, Entered: None |
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NOTICE of appearance on behalf of Appellee SEC filed by Attorney Paul G. Alvarez. Served on 08/15/2022. [22-1630] (PGA)
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| 00107909029 |
Filed: 8/12/2022, Entered: None |
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EMERGENCY MOTION to stay Injunction Pending Appeal and For Expedited Treatment of Appeal filed by Appellants Lemelson Capital Management, LLC and Gregory M. Lemelson. Served on 08/12/2022. [22-1630] (DSB)
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| 00107908967 |
Filed: 8/12/2022, Entered: None |
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NOTICE of appearance on behalf of Appellants Gregory M. Lemelson and Lemelson Capital Management, LLC filed by Attorney William Evans. Served on 08/12/2022. [22-1630] (WEE)
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| 00107908956 |
Filed: 8/12/2022, Entered: None |
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NOTICE of appearance on behalf of Appellants Gregory M. Lemelson and Lemelson Capital Management, LLC filed by Attorney Kevin P. Martin. Served on 08/12/2022. [22-1630] (KPM)
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| 00107908857 |
Filed: 8/12/2022, Entered: None |
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NOTICE of appearance on behalf of Appellants Lemelson Capital Management, LLC and Gregory M. Lemelson filed by Attorney Thomas M. Hoopes. Served on 08/12/2022. [22-1630] (TMH)
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| 00107908854 |
Filed: 8/12/2022, Entered: None |
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NOTICE of appearance on behalf of Appellants Lemelson Capital Management, LLC and Gregory M. Lemelson filed by Attorney Brian J. Sullivan. Served on 08/12/2022. [22-1630] (BJS)
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| 00107908847 |
Filed: 8/12/2022, Entered: None |
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DOCKETING statement filed by Appellants Lemelson Capital Management, LLC and Gregory M. Lemelson. Served on 08/12/2022. [22-1630] (DSB)
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| 00107908844 |
Filed: 8/12/2022, Entered: None |
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DISCLOSURE statement filed by Appellant Lemelson Capital Management, LLC. Served on 08/12/2022. [22-1630] (DSB)
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| 00107908841 |
Filed: 8/12/2022, Entered: None |
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NOTICE of appearance on behalf of Appellants Lemelson Capital Management, LLC and Gregory M. Lemelson filed by Attorney Douglas S. Brooks. Served on 08/12/2022. [22-1630] (DSB)
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| 00107908779 |
Filed: 8/12/2022, Entered: None |
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CIVIL CASE docketed. Notice of appeal (doc. #297) filed by Appellants Gregory M. Lemelson and Lemelson Capital Management, LLC. Appearance form, Docketing Statement, and Transcript Report/Order form due 08/26/2022. [22-1630] (JMK)
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