D. Mass. 3:12-cv-30051 Docket

Sexual Minorities Uganda v. Lively
No. 2:12-cv-30051  

Court: District of Massachusetts
Assigned to: Judge Michael A. Ponsor
Referred to: Magistrate Judge Katherine A. Robertson
(Previously 
Magistrate Judge Kenneth P. Neiman)

 

Date Filed # Docket Text
03/14/2012 1 COMPLAINT against Scott Lively Filing fee: $ 350, receipt number 0101-3853172 (Fee Status: Filing Fee paid), filed by Sexual Minorities Uganda. (Attachments: # 1 Civil Cover Sheet, # 2category sheet)(Ryan, Luke) (Entered: 03/14/2012)
03/14/2012 2 NOTICE of Appearance by Luke S. Ryan on behalf of Sexual Minorities Uganda (Ryan, Luke) (Entered: 03/14/2012)
03/14/2012 3 NOTICE of Case Assignment. Magistrate Judge Kenneth P. Neiman assigned to case. Plaintiff’s counsel, or defendant’s counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically.(Abaid, Kimberly) (Finn, Mary). (Added documents 3/14/2012) (Finn, Mary). Modified on 3/14/2012 to add the consent procedures package. (Finn, Mary). (Entered: 03/14/2012)
03/14/2012 4 MOTION for Leave to Appear Pro Hac Vice for admission of Pamela C. Spees Filing fee: $ 50, receipt number 0101-3853694 by Sexual Minorities Uganda. (Attachments: # 1 Exhibit Affidavit)(Ryan, Luke) (Entered: 03/14/2012)
03/14/2012 5 MOTION for Leave to Appear Pro Hac Vice for admission of Baher Azmy Filing fee: $ 50, receipt number 0101-3853742 by Sexual Minorities Uganda. (Attachments: # 1 Exhibit Affidavit)(Ryan, Luke) (Entered: 03/14/2012)
03/14/2012 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 4 Motion for Leave to Appear Pro Hac Vice Added Pamela C. Spees.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. ; granting 5 Motion for Leave to Appear Pro Hac Vice Added Baher Azmy. 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. (Finn, Mary) (Entered: 03/14/2012)
03/14/2012 6 NOTICE issued to Attorney Pamela C. Spees and Baher Azmy. regarding mandatory registration and use with ECF in compliance with the Standing Order entered by Judge Ponsor and Magistrate Judge Neiman. (Finn, Mary) (Entered: 03/14/2012)
03/15/2012 7 Summons Issued as to Scott Lively. 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. (Stuckenbruck, John) (Entered: 03/15/2012)
04/02/2012 8 SUMMONS Returned Executed Scott Lively served on 3/23/2012, answer due 4/13/2012. (Spees, Pamela) (Entered: 04/02/2012)
04/11/2012 9 NOTICE of Appearance by Philip D. Moran on behalf of Scott Lively (Moran, Philip) (Entered: 04/11/2012)
04/11/2012 10 MOTION for Leave to Appear Pro Hac Vice for admission of Mathew Staver Filing fee: $ 100, receipt number 0101-3896422 by Scott Lively.(Moran, Philip) (Entered: 04/11/2012)
04/11/2012 11 MOTION for Leave to Appear Pro Hac Vice for admission of Horatio Mihet Filing fee: $ 100, receipt number 0101-3896460 by Scott Lively.(Moran, Philip) (Entered: 04/11/2012)
04/11/2012 12 Assented to MOTION for Extension of Time to 05/14/2012 to To Move, Plead or Otherwise Respond to Complaint by Scott Lively.(Moran, Philip) (Entered: 04/11/2012)
04/11/2012 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 12 Motion for Extension of Time to Answer re 1 Complaint Scott Lively answer due 5/14/2012. (Finn, Mary) (Entered: 04/11/2012)
04/11/2012 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 10 Motion for Leave to Appear Pro Hac Vice Added Horatio G. Mihet and Matthew D. Staver. 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. ; granting 11 Motion for Leave to Appear Pro Hac Vice Added Horatio G. Mihet and Matthew D. Staver. 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. (Finn, Mary) (Entered: 04/11/2012)
04/11/2012 13 NOTICE issued to Attorney Horatio G. Mihet and Matthew D. Staver regarding mandatory registration and use with ECF in compliance with the Standing Order entered by Judge Ponsor and Magistrate Judge Neiman. (Finn, Mary) (Entered: 04/11/2012)
05/11/2012 14 MOTION to Stay Action Pending Supreme Court’s Decision in Kiobel v. Royal Dutch Petroleum and MOTION for Oral Argument by Scott Lively.(Mihet, Horatio) (Main Document 14 replaced on 5/14/2012) (Finn, Mary). Modified on 5/14/2012 to separate the memorandum from the main document and to docket it separately. (Finn, Mary). Added an additional relief – MOTION for Hearing on 5/14/2012 (Finn, Mary). Modified on 5/14/2012 See certificate of consultation and certificate of service on document 17 . (Finn, Mary). (Entered: 05/11/2012)
05/11/2012 15 Not all parties consented to assignment of case to Magistrate Judge Neiman. Case to be reassigned to Judge Michael A. Ponsor. . (Spees, Pamela) (Entered: 05/11/2012)
05/11/2012 16 MOTION for Extension of Time to Move, Plead or Otherwise Respond to Plaintiff’s Complaint to After Adjudication of Defendant’s Motion to Stay (with incorporated Memorandum in Support) by Scott Lively.(Mihet, Horatio)). (Entered: 05/11/2012)
05/11/2012 17 MEMORANDUM in Support re 14 MOTION to StayAction Pending Supreme Court’s Decision in Kiobel v. Royal Dutch Petroleum filed by Scott Lively. (Finn, Mary) (Entered: 05/14/2012)
05/14/2012 ELECTRONIC NOTICE of Reassignment. Judge Michael A. Ponsor added. (Abaid, Kimberly) (Entered: 05/14/2012)
05/15/2012 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 16 Motion for Extension of Time to Answer. ALLOWED. The motion for stay (Dkt. 14) will be set promptly for hearing as soon as the opposition is filed. So ordered. (Lindsay, Maurice) (Entered: 05/15/2012)
05/25/2012 18 Opposition re 14 MOTION to Stay Action Pending Supreme Court’s Decision in Kiobel v. Royal Dutch Petroleum (with Request for Oral Argument and Memorandum of Law in Support) MOTION for Hearing filed by Sexual Minorities Uganda. (Spees, Pamela) (Entered: 05/25/2012)
06/01/2012 Judge Michael A. Ponsor: ENDORSED ORDER entered denying 14 Motion to Stay and for Hearing. DENIED. Answer or Responsive pleading by June 18, 2012. So ordered. (Lindsay, Maurice) (Entered: 06/01/2012)
06/04/2012 Set/Reset Answer or Responsive Pleading Deadlines for Scott Lively for 6/18/2012. (Finn, Mary) (Entered: 06/04/2012)
06/13/2012 19 Assented to MOTION for Extension of Time to June 22, 2012 to Move, Plead or Otherwise Respond to Plaintiff’s Complaint by Scott Lively.(Mihet, Horatio) (Entered: 06/13/2012)
06/14/2012 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 19 Motion for Extension of Time to Answer or file a resp. re 1 Complaint. Scott Lively answer due 6/22/2012. (Finn, Mary) (Entered: 06/14/2012)
06/22/2012 20 Assented to MOTION for Leave to File Excess Pagesin Memorandum of Law Supporting Motion to Dismissby Scott Lively.(Mihet, Horatio) (Entered: 06/22/2012)
06/22/2012 21 MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 7/6/2012), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Scott Lively.(Mihet, Horatio) (Entered: 06/22/2012)
06/22/2012 22 MEMORANDUM in Support re 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Scott Lively. (Mihet, Horatio) (Entered: 06/22/2012)
06/25/2012 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 20 Motion for Leave to File Excess Pages Memorandum in excess of twenty pages. (Finn, Mary) (Entered: 06/25/2012)
07/03/2012 23 Assented to MOTION for Extension of Time to September 1, 2012 to File Opposition to Motion to Dismiss by Sexual Minorities Uganda.(Spees, Pamela) (Entered: 07/03/2012)
07/03/2012 24 MOTION for Leave to File Excess Pages by Sexual Minorities Uganda.(Spees, Pamela) (Entered: 07/03/2012)
07/06/2012 25 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 23 Motion for Extension of Time to September 1, 2012 to File Opposition to Motion to Dismiss by Sexual Minorities Uganda. (Pelegano, Theresa) (Entered: 07/06/2012)
07/06/2012 26 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 24 Motion for Leave to File Excess Pages ; 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. (Pelegano, Theresa) (Entered: 07/06/2012)
07/13/2012 27 AMENDED COMPLAINT against Scott Lively, filed by Sexual Minorities Uganda.(Spees, Pamela) (Entered: 07/13/2012)
07/26/2012 28 Assented to MOTION for Extension of Time to August 9, 2012 to File Answer re 27 Amended Complaint by Scott Lively.(Mihet, Horatio) (Entered: 07/26/2012)
07/27/2012 29 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 28 Motion for Extension of Time to Answer re 27 Amended Complaint Scott Lively answer due 8/9/2012. (Finn, Mary) Modified on 7/27/2012 to give this entry a document number. (Finn, Mary). (Entered: 07/27/2012)
08/09/2012 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and, MOTION to Dismiss for Lack of Jurisdiction Plaintiff’s First Amended Complaint (Oral Argument Requested) ( Responses due by 8/23/2012) by Scott Lively.(Mihet, Horatio) (Entered: 08/09/2012)
08/09/2012 31 MOTION for Leave to File Excess Pages in Defendant’s Memorandum in Support of Motion to Dismiss Plaintiff’s Amended Complaint by Scott Lively. (Attachments: # 1 Exhibit Memorandum in Support of Motion to Dismiss Amended Complaint)(Mihet, Horatio) (Entered: 08/09/2012)
08/10/2012 32 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 31 Motion for Leave to File Excess Pages in Defendant’s Memorandum in Support of Motion to Dismiss Plaintiff’s Amended Complaint by Scott Lively. (Attachments: # 1 Exhibit Memorandum in Support of Motion to Dismiss Amended Complaint); 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. (Pelegano, Theresa) (Entered: 08/10/2012)
08/10/2012 33 MEMORANDUM in Support re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM andMOTION to Dismiss for Lack of JurisdictionPlaintiff’s First Amended Complaint (Oral Argument Requested) (Leave to File Granted 8/10/2012) filed by Scott Lively. (Mihet, Horatio) (Entered: 08/10/2012)
08/21/2012 34 Assented to MOTION for Extension of Time to September 20, 2012 to File Opposition to Defendant’s Motion to Dismiss by Sexual Minorities Uganda.(Spees, Pamela) Modified on 8/21/2012 to correct the relief type of the motion to motion to ext. time to file resp./reply. (Finn, Mary). (Entered: 08/21/2012)
08/21/2012 35 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 34 Motion for Extension of Time to File Response/Reply re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction Plaintiff’s First Amended Complaint (Oral Argument Requested). Responses due by 9/20/2012. (Finn, Mary) (Entered: 08/21/2012)
09/20/2012 36 MEMORANDUM in Opposition re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM andMOTION to Dismiss for Lack of JurisdictionPlaintiff’s First Amended Complaint (Oral Argument Requested) filed by Sexual Minorities Uganda. (Spees, Pamela) (Entered: 09/20/2012)
09/21/2012 37 Errata by Sexual Minorities Uganda to 36 Memorandum in Opposition to Motion, . (Spees, Pamela) (Entered: 09/21/2012)
09/21/2012 38 MEMORANDUM in Opposition re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM andMOTION to Dismiss for Lack of JurisdictionPlaintiff’s First Amended Complaint (Oral Argument Requested) Corrected filed by Sexual Minorities Uganda. (Spees, Pamela) (Entered: 09/21/2012)
11/20/2012 39 ELECTRONIC NOTICE Setting Hearing on Motion 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction Plaintiff’s First Amended Complaint (Oral Argument Requested), 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 1/7/2013 11:00 AM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa) (Entered: 11/20/2012)
12/18/2012 40 Judge Michael A. Ponsor: ORDER entered. ORDER RE: POSSIBLE VIDEO RECORDING OF HEARING. If either party, or the judge, declines to consent, no recording will occur. Counsel are hereby ordered to notify this court, no later than December 21, 2012, as to whether their client consents to the requested video recording. See the attached order for complete details. (Lindsay, Maurice) (Entered: 12/18/2012)
12/18/2012 41 MOTION for Leave to Appear Pro Hac Vice for admission of Jeena D. Shah Filing fee: $ 100, receipt number 0101-4249006 by Sexual Minorities Uganda. (Attachments: # 1 Exhibit)(Ryan, Luke) (Entered: 12/18/2012)
12/18/2012 42 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 41 Motion for Leave to Appear Pro Hac Vice Added Jeena D. Shah. 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. (Finn, Mary) (Entered: 12/18/2012)
12/18/2012 43 NOTICE issued to Attorney Jeena D. Shah regarding mandatory registration and use with ECF in compliance with the Standing Order entered by Judge Ponsor and Magistrate Judge Neiman. (Finn, Mary) (Entered: 12/18/2012)
12/21/2012 44 RESPONSE TO COURT ORDER by Sexual Minorities Uganda re 40 Order, Plaintiff Consent. (Spees, Pamela) (Entered: 12/21/2012)
12/28/2012 45 Letter/request (non-motion) from Kyle A. Burns, SJC Approved Journalist – Massachusetts re: requesting to record by audio., video, and photographs the court hearing set for 1/7/2012 in its entirety. (Finn, Mary) (Entered: 12/28/2012)
01/02/2013 46 NOTICE Re: Video Recording Hearing on January 7, 2013. (Pelegano, Theresa) (Entered: 01/02/2013)
01/03/2013 47 First MOTION for leave to appear pro hac vice by Scott Lively.(Moran, Philip) Modified on 1/3/2013 to change the relief type of the motion to MOTION for leave to appear pro hace vice. (Finn, Mary). (Entered: 01/03/2013)
01/03/2013 48 MOTION for Leave to Appear Pro Hac Vice for admission of Stephen M. Crampton Filing fee: $ 100, receipt number 0101-4265214 by Scott Lively.(Moran, Philip) (Additional attachment(s) added on 1/3/2013: # 1 Main Document, # 2 Exhibit A) (Finn, Mary). Modified on 1/3/2013 to separate exhibit A from the main document and to add it as an attachment. (Finn, Mary). (Entered: 01/03/2013)
01/03/2013 49 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 48 Motion for Leave to Appear Pro Hac Vice Added Stephen M. Crampton. 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. (Finn, Mary) (Entered: 01/03/2013)
01/03/2013 50 NOTICE issued to Attorney Stephen M. Crampton. regarding mandatory registration and use with ECF in compliance with the Standing Order entered by Judge Ponsor and Magistrate Judge Neiman. (Finn, Mary) (Entered: 01/03/2013)
01/03/2013 51 NOTICE by Scott Lively of Intent to Rely Upon Additional Authorities at Hearing on Motion to Dismiss (Mihet, Horatio) (Entered: 01/03/2013)
01/07/2013 52 ELECTRONIC Clerk’s Notes for proceedings held before Judge Michael A. Ponsor: Motion Hearing held on 1/7/2013 re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction Plaintiff’s First Amended Complaint (Oral Argument Requested) filed by Scott Lively, 21 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Scott Lively. Oral Argument complete. Court takes matter under advisement. (Court Reporter: Alice Moran at 413-731-0086.)(Attorneys present: Azmy, Ryan, Shah, Spees, Crampton, Mihet, Moran) (Pelegano, Theresa) (Entered: 01/07/2013)
01/25/2013 53 Judge Michael A. Ponsor: ENDORSED ORDER entered granting 47 Motion for Leave to Appear Pro Hac Vice Added Stephen M. Crampton. 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. (Lindsay, Maurice) (Entered: 01/25/2013)
04/17/2013 54 Notice of Supplemental Authorities re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMand MOTION to Dismiss for Lack of Jurisdiction Plaintiff’s First Amended Complaint (Oral Argument Requested) (Attachments: # 1 Exhibit A – Kiobel Slip Opinion)(Mihet, Horatio) (Entered: 04/17/2013)
04/18/2013 55 MOTION Leave to File Response to Defendant’s Notice of Supplemental Authority by Sexual Minorities Uganda.(Spees, Pamela) (Entered: 04/18/2013)
04/19/2013 56 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 55 Motion for leave to file a resp. [54[ – Deft’s Suppl. Authority. Resp. due 5/7/2013. (Finn, Mary) (Entered: 04/19/2013)
04/19/2013 57 Set/Reset Deadlines as to 54 Suppl. Authority. Pltf’s Responses due by 5/7/2013. (Finn, Mary) (Entered: 04/19/2013)
05/07/2013 58 Response by Sexual Minorities Uganda to Defendant’s Notice of Supplemental Authority Requiring Dismissal of Plaintiff’s Federal Law Claims. (Spees, Pamela) (Entered: 05/07/2013)
08/14/2013 59 Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: For the reasons stated in the attached memo and order. Defendants motions to dismiss (Dkt. Nos. 21 and 30 ) are hereby DENIED. The case is hereby referred to Magistrate Judge Kenneth P. Neiman for a pretrial scheduling conference pursuant to Fed. R. Civ. P. 16. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 08/14/2013)
08/14/2013 60 Judge Michael A. Ponsor: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Kenneth P. Neiman Referred for: Full Pretrial, No Dispositive Motions (ptn). Further information: for full pretrial case management, a rule 16 scheduling conference, no dispositive motions..(Lindsay, Maurice) (Entered: 08/14/2013)
08/16/2013 61 NOTICE of Scheduling Conference ISSUED, cc:cl. Scheduling Conference set for 9/24/2013 at 10:00 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. Joint statement and LR 16.1 certs due by 9/18/13. (Healy, Bethaney) (Entered: 08/16/2013)
08/28/2013 62 Consent MOTION for Extension of Time to September 27, 2013 to Respond to First Amended Complaint by Scott Lively.(Mihet, Horatio) (Entered: 08/28/2013)
08/29/2013 63 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting in part only 62 Defendant’s unopposed Motion for Thirty Day Extension of Time to Answer First Amended Complaint. Given the fact that a Rule 16 scheduling conference has been set for September 24, 2013, with a joint statement due on September 18, 2013, Defendant’s answer to the complaint shall be filed by September 17, 2013. So ordered. (Neiman, Kenneth) (Entered: 08/29/2013)
09/06/2013 64 MOTION to Amend 59 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, , MOTION for Certificate of Appealability of Non-Final Order ( Responses due by 9/20/2013) by Scott Lively.(Mihet, Horatio) (Entered: 09/06/2013)
09/06/2013 65 MEMORANDUM in Support re 64 MOTION to Amend 59 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, MOTION for Certificate of Appealability of Non-Final Order filed by Scott Lively. (Mihet, Horatio) (Entered: 09/06/2013)
09/10/2013 66 MOTION to Stay Proceedings Pending Adjudication of Defendant’s Motion to Amend and Certify Non-Final Order for Interlocutory Appeal by Scott Lively.(Mihet, Horatio) (Entered: 09/10/2013)
09/11/2013 67 Judge Michael A. Ponsor: ENDORSED ORDER entered granting 66Motion to Stay Proceedings Pending Adjudication of Defendant’s Motion to Amend and Certify Non-Final Order for Interlocutory Appeal. ALLOWED. The court will rule promptly upon receipt of Plaintiff’s response to the motion to amend and certify. So ordered. (Lindsay, Maurice) (Entered: 09/11/2013)
09/11/2013 68 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered canceling the scheduling conference set for September 24, 2013. So ordered. (Neiman, Kenneth) (Entered: 09/11/2013)
09/20/2013 69 Opposition re 64 MOTION to Amend 59 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,, MOTION for Certificate of Appealability of Non-Final Order filed by Sexual Minorities Uganda. (Attachments: # 1 Affidavit Declaration of Pam Spees, # 2 Exhibit A – Proposed Joint Discovery Plan)(Spees, Pamela) (Entered: 09/20/2013)
09/23/2013 70 Letter/request (non-motion) from Tim Cripps re: Scott Lively. (Pelegano, Theresa) (Entered: 09/23/2013)
09/23/2013 71 Judge Michael A. Ponsor: ENDORSED ORDER entered denying 64Motion to Amend and Certify non-final order for Interlocutory Appeal. DENIED. No substantial question of law exists justifying an interlocutory appeal. Moreover, the need for discovery would make such an appeal improper, and a needless burden on the court of appeals. So ordered. (Lindsay, Maurice) (Entered: 09/23/2013)
09/24/2013 72 MOTION for Reconsideration re 71 Order on Motion to Amend, Order on Motion for Certificate of Appealability,, by Scott Lively.(Mihet, Horatio) (Entered: 09/24/2013)
09/24/2013 73 MEMORANDUM in Support re 72 MOTION for Reconsideration re 71 Order on Motion to Amend, Order on Motion for Certificate of Appealability,, filed by Scott Lively. (Mihet, Horatio) (Entered: 09/24/2013)
10/08/2013 74 Opposition re 72 MOTION for Reconsideration re 71 Order on Motion to Amend, Order on Motion for Certificate of Appealability,, filed by Sexual Minorities Uganda. (Spees, Pamela) (Entered: 10/08/2013)
10/09/2013 75 Judge Michael A. Ponsor: ENDORSED ORDER entered denying 72Motion for Reconsideration of order denying certification for interlocutory appeal. DENIED. (Lindsay, Maurice) (Entered: 10/09/2013)
10/17/2013 76 NOTICE of Scheduling Conference ISSUED, cc:cl. Scheduling Conference set for 11/6/2013 at 11:00 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman. (Healy, Bethaney) (Entered: 10/17/2013)
11/01/2013 77 CERTIFICATION pursuant to Local Rule 16.1 by Sexual Minorities Uganda.(Spees, Pamela) (Entered: 11/01/2013)
11/01/2013 78 JOINT SUBMISSION pursuant to Local Rule 16.1 by Sexual Minorities Uganda.(Spees, Pamela) (Entered: 11/01/2013)
11/01/2013 79 CERTIFICATION pursuant to Local Rule 16.1 . (Mihet, Horatio) (Entered: 11/01/2013)
11/06/2013 80 Magistrate Judge Kenneth P. Neiman: SCHEDULING ORDER entered. As follows: Defendant’s answer due by 11/20/13, Any motion regarding a proposed protective order is due by 11/22/13, The parties automatic disclosures due by 12/3/13, Written discovery due by 12/17/13, Dft’s shall designate and disclose info. re: his rebuttal experts as required by 12/15/14, All expert depositions to be completed by 1/30/15, Dft. shall file his SJ motion, if any, by 3/2/15, and a hearing on any motions for summary judgment shall take place on 5/6/2015 at 2:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. See the attached scheduling order for complete details. (Lindsay, Maurice) (Entered: 11/06/2013)
11/06/2013 81 Set/Reset Answer Deadlines: to 11/20/2013 for Scott Lively (Lindsay, Maurice) (Entered: 11/06/2013)
11/06/2013 82 ELECTRONIC Clerk’s Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Counsel appear for Scheduling Conference held on 11/6/2013. Colloquy re: status of case. Scheduling Order to issue. (Court Reporter: Digital Recording – For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) (Healy, Bethaney) (Entered: 11/06/2013)
11/18/2013 84 Letter received from Julia Gasper re: decision. (Pelegano, Theresa) (Entered: 11/22/2013)
11/20/2013 83 ANSWER to 27 Amended Complaint by Scott Lively.(Mihet, Horatio) (Entered: 11/20/2013)
11/22/2013 85 MOTION for Protective Order by Sexual Minorities Uganda.(Spees, Pamela) (Entered: 11/22/2013)
11/22/2013 86 MEMORANDUM in Support re 85 MOTION for Protective Order filed by Sexual Minorities Uganda. (Attachments: # 1 Affidavit of Pepe Onziema, # 2 Exhibit Exhibits Annexed to Onziema Declaration, # 3 Text of Proposed Order)(Spees, Pamela) (Entered: 11/22/2013)
12/04/2013 87 Consent MOTION for Extension of Time to December 9, 2013 to File Response/Reply as to 85 MOTION for Protective Order by Scott Lively.(Mihet, Horatio) (Entered: 12/04/2013)
12/05/2013 88 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 87 Defendant’s assented-to Motion for Extension of Time to December 9, 2013, to File Response to 85 Plaintiffs’ Motion for Protective Order. So ordered. (Neiman, Kenneth) (Entered: 12/05/2013)
12/06/2013 89 MOTION to Stay Case Pending Adjudication of Petition for Writ of Mandamus, and Request for Expedited Consideration by Scott Lively. (Attachments: # 1 Exhibit A – Mandamus Petition)(Mihet, Horatio) (Entered: 12/06/2013)
12/09/2013 90 RESPONSE to Motion re 85 MOTION for Protective Order filed by Scott Lively. (Attachments: # 1 Exhibit A – Declaration of Scott Lively)(Mihet, Horatio) (Entered: 12/09/2013)
12/09/2013 91 Opposition re 89 MOTION to Stay Case Pending Adjudication of Petition for Writ of Mandamus, and Request for Expedited Consideration filed by Sexual Minorities Uganda. (Attachments: # 1 Affidavit, # 2 Exhibit)(Spees, Pamela) (Entered: 12/09/2013)
12/10/2013 92 Judge Michael A. Ponsor: ENDORSED ORDER entered denying 89 Motion to Stay Proceedings Pending Adjudication of Petition for Writ of Mandamus, and Request for Expedited Consideration. DENIED. Disagreement with a court’s ruling, however sincere, is not a plausible basis for a mandamus petition. Moreover, the harm alleged is no greater than the usual burden on a party to a complex lawsuit. So ordered. (Lindsay, Maurice) (Entered: 12/10/2013)
12/11/2013 93 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered denying without prejudice 85 Plaintiff’s Motion for Protective Order. First, the court is not inclined to adopt the attorney’s eyes only provision (as set forth in Paragraphs 7 through 11 of the proposed order) for many of the reasons raised by Defendant in his opposition; given that Defendant, as the sole defendant in this action and as uniquely positioned to assist in his defense with regard to the events at issue, his counsel will no doubt need to communicate with him without the strictures proposed by Plaintiff. Second, among other matters, the court is also concerned with the proposed order to the extent it could be interpreted as shackling Defendant’s investigation of facts and witnesses in Uganda. Third, the court agrees with Defendant that the obligation to seek relief from the court, addressed in paragraph 12 of the proposed order, should be borne by the designating not the objecting party. Fourth, the court is also concerned that Defendant’s Declaration in Opposition to Plaintiff’s motion, particularly when viewed in the context of his statement that he intends to continue “to lawfully speak and to engage in public and political advocacy on civil and political matters of public importance,” may betray an insufficient understanding of how he could run afoul of his avowed compliance with even a more carefully crafted protective order. That said, the court ORDERS the parties to take steps to resolve their differences and, if unable to do so, to provide a joint document to the court by January 7, 2014, which sets forth the provisions of a proposed protective order with which they agree as well as the provisions with which they do not agree and their countervailing proposals for those provisions. Of course, if the parties come to an agreement with regard to a protective order, they shall file that proposed order with the court by January 7, 2014. So ordered. (Neiman, Kenneth) (Entered: 12/11/2013)
01/07/2014 94 STIPULATION (JOINT) Regarding Non-party Status of Abiding Truth Ministries by Scott Lively. (Mihet, Horatio) (Entered: 01/07/2014)
01/07/2014 95 Joint MOTION for Extension of Time by Sexual Minorities Uganda.(Spees, Pamela) (Main Document 95 replaced on 1/8/2014 with correct signed motion with a certificate of service) (Finn, Mary). Modified on 1/8/2014 (Finn, Mary). (Entered: 01/07/2014)
01/07/2014 96 Proposed Document(s) submitted by Sexual Minorities Uganda. Document received: Joint Submission re Protective Order. (Attachments: # 1 Affidavit, # 2 Exhibit)(Spees, Pamela) (Main Document 96 replaced on 1/8/2014) (Finn, Mary). (Attachment 1 replaced on 1/8/2014) (Finn, Mary). (Attachment 2 replaced on 1/8/2014) (Finn, Mary). Modified on 1/8/2014 all documents replaced with correct signed joint sumission, affidavit and exhibit. (Finn, Mary). (Entered: 01/07/2014)
01/08/2014 97 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 95 Joint Motion for Extension of Time. So ordered. (Neiman, Kenneth) (Entered: 01/08/2014)
01/09/2014 98 Supplemental Response by Scott Lively to 96 Proposed Document(s) submitted, Regarding Proposed Protective Order. (Attachments: # 1 Exhibit A – SMUG’s Initial Disclosures, # 2 Exhibit B – Blackwater Protective Order)(Mihet, Horatio) (Entered: 01/09/2014)
01/10/2014 99 MOTION for Leave to File Reply by Sexual Minorities Uganda. (Attachments: # 1 Exhibit)(Spees, Pamela) (Entered: 01/10/2014)
01/11/2014 100 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 99 Plaintiff’s Motion for Leave to File Document. The parties shall file no further documents with the court with respect to the protective order under consideration unless specifically requested by the court. So ordered. (Neiman, Kenneth) (Entered: 01/11/2014)
02/14/2014 102 Magistrate Judge Kenneth P. Neiman: MEMORANDUM AND ORDER with regard to the parties’ countervailing submissions regarding a proposed protective order (Dkt. No. 96) entered. As follows: The parties shall revise the Protective Order in accord herewith, execute it and provide it to the court for its endorsement no later than February 28, 2014. IT IS SO ORDERED. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 02/14/2014)
02/28/2014 103 Proposed Document(s) submitted by Sexual Minorities Uganda. Document received: Proposed Protective Order. (Spees, Pamela) (Entered: 02/28/2014)
02/28/2014 104 Objection to 102 Memorandum & ORDER, by Scott Lively . (Mihet, Horatio) (Entered: 02/28/2014)
03/03/2014 105 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered endorsing 103 Order Regarding Confidentiality of Certain Discovery Material, subject to one minor correction in Paragraph 5 thereof. In issuing the Order, the court acknowledges 104 Defendant’s Objection, which echoes arguments previously made by him, most of which were considered by the court in its February 14, 2014 Memorandum and Order (Document No. 102). To be sure, Defendant still maintains that the protective order would be grounded, at least in part, on “unsubstantiated allegations.” What Defendant fails to recognize, however, is that Judge Ponsor previously found that “Plaintiff has set out plausibly that Defendant worked with associates within Uganda to coordinate, implement, and legitimate ‘strategies to dehumanize, demonize, silence, and further criminalize the {Ugandan} LGBTI community.'” (August 14, 2013 Memorandum and Order Regarding Defendant’s Motions to Dismiss (Document No. 59), at 34-35 (quoting Plaintiff’s Amended Complaint (Document No. 27) at par. 27).) While, as this court indicated in its February 14, 2014 Memorandum and Order, these allegations still need to be proven at trial, they are of significant enough concern, on balance, to make certain protections necessary even at the discovery stage. Order to issue. (Neiman, Kenneth) (Entered: 03/03/2014)
03/03/2014 106 Magistrate Judge Kenneth P. Neiman: ORDER re: Confidentiality of Certain Discovery Material entered. re 103 Proposed Document(s) submitted filed by Sexual Minorities Uganda (Finn, Mary) (Entered: 03/03/2014)
03/05/2014 107 Response by Sexual Minorities Uganda to 104 Objection by DEFENDANT TO MEMORANDUM AND ORDER REGARDING PROPOSED PROTECTIVE ORDER. (Spees, Pamela) (Entered: 03/05/2014)
03/05/2014 108 Letter/request (non-motion) from Counsel for Sexual Minorities Uganda . (Attachments: # 1 Appendix Anti-Homosexuality Act of 2014)(Spees, Pamela) (Entered: 03/05/2014)
03/05/2014 109 MOTION for Leave to Appear Pro Hac Vice for admission of Joshua Colangelo-Bryan Filing fee: $ 100, receipt number 0101-4892400 by Sexual Minorities Uganda. (Attachments: # 1 Affidavit)(Ryan, Luke) (Entered: 03/05/2014)
03/05/2014 110 MOTION for Leave to Appear Pro Hac Vice for admission of Mark S. Sullivan Filing fee: $ 100, receipt number 0101-4892420 by Sexual Minorities Uganda. (Attachments: # 1 Affidavit Certificate of Mark S. Sullivan in Support of Mtn for Admission Pro Hac Vice)(Ryan, Luke) (Entered: 03/05/2014)
03/05/2014 111 MOTION for Leave to Appear Pro Hac Vice for admission of Scott Skinner-Thompson Filing fee: $ 100, receipt number 0101-4892427 by Sexual Minorities Uganda. (Attachments: # 1 Affidavit Certificate of Scott Skinner-Thompson in Support of Motion for Admission Pro Hac Vice)(Ryan, Luke) (Entered: 03/05/2014)
03/06/2014 112 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 109 Motion for Leave to Appear Pro Hac Vice Added Joshua Colangelo-Bryan. 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. (Finn, Mary) (Entered: 03/06/2014)
03/06/2014 113 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 110 Motion for Leave to Appear Pro Hac Vice Added Scott S. Sullivan. 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. (Finn, Mary) (Entered: 03/06/2014)
03/06/2014 114 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 111 Motion for Leave to Appear Pro Hac Vice Added Scott Skinner-Thompson. 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. (Finn, Mary) (Entered: 03/06/2014)
03/06/2014 115 NOTICE issued to Attorney Scott Skinner-Thompson, Mark S. Sullivan and Joshue Colangelo-Bryan regarding mandatory registration and use with ECF in compliance with the Standing Order entered by Judge Ponsor and Magistrate Judge Neiman. (Finn, Mary) (Entered: 03/06/2014)
03/06/2014 116 Response by Scott Lively to 108 Letter/request (non-motion) . (Mihet, Horatio) (Entered: 03/06/2014)
03/11/2014 117 Judge Michael A. Ponsor: ENDORSED ORDER entered. re 104 Objection. OVERRULED. Judge Neiman’s ruling addresses a complex and unusual discovery scenario fairly and with sensitivity to the interests of both sides. His disposition is neither clearly erroneous nor contrary to law. So ordered. (Lindsay, Maurice) (Entered: 03/11/2014)
03/17/2014 118 Objection to 106 Order by Scott Lively . (Mihet, Horatio) (Entered: 03/17/2014)
05/09/2014 119 MOTION to Withdraw as Attorney (Scott Skinner-Thompson) by Sexual Minorities Uganda.(Shah, Jeena) (Entered: 05/09/2014)
05/12/2014 120 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 119 Motion to Withdraw as Attorney by Scott Skinner-Thompson. So ordered. (Neiman, Kenneth) (Entered: 05/12/2014)
06/05/2014 121 MOTION for Leave to Appear Pro Hac Vice for admission of Gina S. Spiegelman Filing fee: $ 100, receipt number 0101-5041581 by Sexual Minorities Uganda. (Attachments: # 1 Certificate of Gina S. Spiegelman in Support of Mtn for Admission Pro Hac Vice)(Ryan, Luke) (Entered: 06/05/2014)
06/09/2014 122 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 121 Motion for Leave to Appear Pro Hac Vice Added Gina S. Spiegelman. 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. (Calderon, Melissa) (Entered: 06/09/2014)
09/04/2014 123 Joint MOTION for Extension of Time to Complete Discovery Non-Expert by Sexual Minorities Uganda.(Spiegelman, Gina) (Main Document 123 replaced on 9/5/2014 with correct signed main document) (Finn, Mary). Modified on 9/5/2014 (Finn, Mary). (Entered: 09/04/2014)
09/08/2014 124 ELECTRONIC NOTICE of Hearing on 123 Joint Motion for Extension of Time to Complete Non-Expert Discovery ISSUED: A Telephone Conference is set for 9/11/2014 at 10:00 AM before Magistrate Judge Kenneth P. Neiman. (Calderon, Melissa) (Entered: 09/08/2014)
09/11/2014 125 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 123 Joint Motion for Extension of Time to Complete Discovery. Revised schedule to issue. So ordered. (Neiman, Kenneth) (Entered: 09/11/2014)
09/11/2014 126 ELECTRONIC Clerk’s Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Telephone Conference was held on 9/11/2014. Attorneys Present: Gina S. Spiegelman, Pamela C. Spees and Horatio G. Mihet. Colloquy re: status of the case and 123 Joint Motion for Extension of Time to Complete Non-Expert Discovery. The Court allowed the Motion. A schedule was established. A Revised Scheduling Order to issue. (Court Reporter: Digital Recording – For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) (Calderon, Melissa) (Entered: 09/11/2014)
09/11/2014 127 Magistrate Judge Kenneth P. Neiman: ORDER entered. REVISED SCHEDULING ORDER ISSUED: A hearing on any motions for summary judgment shall take place on September 10, 2015, at 2:00 p.m. before District Judge Michael A. Ponsor. The May 10, 2015 hearing is hereby canceled. See attached scheduling order for complete details. (Calderon, Melissa) (Main Document 127 replaced on 9/17/2014) (Calderon, Melissa). (Entered: 09/12/2014)
09/11/2014 128 Set/Reset Deadlines as to Motion Hearing is set for 9/10/2015 at 2:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. (Calderon, Melissa) (Entered: 09/12/2014)
12/04/2014 129 JUDGMENT of USCA on Petition for Mandamus. The petition is denied. (Paine, Matthew) (Entered: 12/05/2014)
12/18/2014 130 Joint MOTION for Extension of Time to March 31, 2015 to Complete Discovery (Fact), While Leaving the Revised Scheduling Order Otherwise Intact by Scott Lively.(Mihet, Horatio) (Entered: 12/18/2014)
12/19/2014 131 Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting 130 Joint Motion for Extension of Fact Discovery Deadline (to March 31, 2015) While Leaving The Revised Scheduling Order (of September 11, 2014) Otherwise Intact. So ordered. (Neiman, Kenneth) (Entered: 12/19/2014)
12/30/2014 132 Case no longer referred to Magistrate Judge Kenneth P. Neiman. (Calderon, Melissa) (Entered: 12/30/2014)
01/12/2015 133 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 Katherine A. Robertson. (Abaid, Kimberly) (Entered: 01/12/2015)
01/13/2015 134 Judge Michael A. Ponsor: ELECTRONIC ORDER entered REFERRING CASE to Magistrate Judge Katherine A. Robertson. Referred for: Full Pretrial, No Dispositive Motions (ptn). (Healy, Bethaney) (Entered: 01/13/2015)
02/19/2015 135 Joint MOTION for Extension of Time to June 30, 2015 to Complete Discovery and Amend Litigation Schedule by Scott Lively.(Mihet, Horatio) (Entered: 02/19/2015)
02/24/2015 136 Judge Michael A. Ponsor: ENDORSED ORDER entered granting 135 Motion for Extension of Fact Discovery and Litigation Deadlines. ALLOWED, by agreement. (Lindsay, Maurice) (Entered: 02/24/2015)
03/03/2015 137 MOTION for Leave to Appear Pro Hac Vice for admission of Kaleb McNeely Filing fee: $ 100, receipt number 0101-5436110 by Sexual Minorities Uganda. (Attachments: # 1 Exhibit Affidavit of Kaleb McNeely)(Ryan, Luke) (Entered: 03/03/2015)
03/03/2015 138 MOTION for Leave to Appear Pro Hac Vice Filing fee: $ 100, receipt number 0101-5436136 by Sexual Minorities Uganda. (Attachments: # 1 Exhibit Affidavit of Daniel Beebe)(Ryan, Luke) (Entered: 03/03/2015)
03/03/2015 139 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 137 Motion for Leave to Appear Pro Hac Vice Added Kaleb McNeely. 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. (Finn, Mary) (Entered: 03/03/2015)
03/03/2015 140 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 138 Motion for Leave to Appear Pro Hac Vice Added Daniel W. Beebe. 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. (Finn, Mary) (Entered: 03/03/2015)
04/09/2015 141 MOTION for Issuance of a Subpoena Pursuant to 28 U.S.C. Section 1783(a) by Sexual Minorities Uganda.(McNeely, Kaleb) Modified on 5/5/2015 to delete the attachment, attachment added in error. (Finn, Mary). (Entered: 04/09/2015)
04/09/2015 142 MEMORANDUM in Support re 141 MOTION for Issuance of a Subpoena Pursuant to 28 U.S.C. Section 1783(a) filed by Sexual Minorities Uganda. (McNeely, Kaleb) (Entered: 04/09/2015)
04/09/2015 143 DECLARATION re 141 MOTION for Issuance of a Subpoena Pursuant to 28 U.S.C. Section 1783(a) by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A, # 2Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(McNeely, Kaleb) (Attachment 1 replaced on 4/9/2015 due to containing confidential material) (Finn, Mary). Modified on 4/9/2015 (Finn, Mary). (Entered: 04/09/2015)
04/23/2015 144 MOTION for Leave to Appear Pro Hac Vice for admission of Roger K. Gannam Filing fee: $ 100, receipt number 0101-5525223 by Scott Lively.(Mihet, Horatio) (Additional attachment(s) added on 4/23/2015: # 1 Correct Main Document, # 2 Exhibit A) (Finn, Mary). Modified on 4/23/2015 to separate exhibit A from the main docuemnt and to add it as an attachment. (Finn, Mary). (Entered: 04/23/2015)
04/23/2015 145 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 144 Motion for Leave to Appear Pro Hac Vice Added Roger K. Gannam. 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. (Finn, Mary) (Entered: 04/23/2015)
04/24/2015 146 Magistrate Judge Katherine A. Robertson: ORDER entered granting 141 Motion for Issuance of a Subpeona Pursuant to 28 U.S.C. §1783(a), there being no opposition and the court being otherwise duly advised, hereby finds that the requested subpoena is in the interest of justice and that the witnesss testimony cannot practicably be obtained in admissible form otherwise, therefore GRANTS such motion. (Finn, Mary) (Entered: 04/24/2015)
04/27/2015 147 Proposed Document(s) submitted by Sexual Minorities Uganda. Document received: Subpoena to Testify at a Deposition in a Civil Action. (McNeely, Kaleb) (Entered: 04/27/2015)
04/27/2015 148 Subpoena Issued as to for Martin Ssempa by the Court. Original to counsel. (Attachments: # 1 Exhibit A)(Finn, Mary) (Main Document 148 replaced on 4/27/2015 with correct main document) (Finn, Mary). Modified on 4/27/2015 (Finn, Mary). (Entered: 04/27/2015)
05/04/2015 149 MOTION to Amend the Order Regarding Confidentiality of Certain Discovery Material by Sexual Minorities Uganda. (Beebe, Daniel) Modified on 5/5/2015 to delete the attachment, attachment added in error. (Finn, Mary). (Entered: 05/04/2015)
05/04/2015 150 MEMORANDUM in Support re 149 MOTION to Amend the Order Regarding Confidentiality of Certain Discovery Material filed by Sexual Minorities Uganda. (Beebe, Daniel) (Main Document 150 replaced on 5/5/2015 with corrected main document – typo corrected.) (Finn, Mary). Modified on 5/5/2015 (Finn, Mary). (Entered: 05/04/2015)
05/04/2015 151 DECLARATION re 149 MOTION to Amend the Order Regarding Confidentiality of Certain Discovery Material by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A, # 2Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Beebe, Daniel) (Entered: 05/04/2015)
05/04/2015 152 DECLARATION re 149 MOTION to Amend the Order Regarding Confidentiality of Certain Discovery Material by Sexual Minorities Uganda. (Beebe, Daniel) (Main Document 152 replaced on 5/5/2015 with correct main document – typo corrected) (Finn, Mary). Modified on 5/5/2015 (Finn, Mary). (Entered: 05/04/2015)
05/04/2015 153 Proposed Document(s) submitted by Sexual Minorities Uganda. Document received: Text of Proposed Order. (Beebe, Daniel) (Entered: 05/04/2015)
05/06/2015 154 MOTION for Leave to Appear Pro Hac Vice for admission of Vikram Kumar Filing fee: $ 100, receipt number 0101-5545768 by Sexual Minorities Uganda. (Attachments: # 1Exhibit Certificate of Vikram Kumar in Support of Motion for Admission Pro Hac Vice)(Ryan, Luke) (Entered: 05/06/2015)
05/06/2015 155 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 154 Motion for Leave to Appear Pro Hac Vice Added Vikram Kumar. 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. (Finn, Mary) (Entered: 05/06/2015)
05/18/2015 156 Assented to MOTION for Extension of Time to 05/22/2015 to File Response/Reply as to 149 MOTION to Amend the Order Regarding Confidentiality of Certain Discovery Material by Scott Lively.(Gannam, Roger) (Entered: 05/18/2015)
05/18/2015 157 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 156 Motion for Extension of Time to File Response/Reply re 149 MOTION to Amend the Order Regarding Confidentiality of Certain Discovery Material. Deft’s Response due by 5/22/2015. (Finn, Mary) (Entered: 05/18/2015)
05/21/2015 158 NOTICE of Withdrawal of Appearance by Stephen M. Crampton (Crampton, Stephen) (Entered: 05/21/2015)
05/22/2015 159 MEMORANDUM in Opposition re 149 MOTION to Amend the Order Regarding Confidentiality of Certain Discovery Material filed by Scott Lively. (Attachments: # 1Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gannam, Roger) (Entered: 05/22/2015)
05/28/2015 160 ELECTRONIC NOTICE Setting Hearing on 149 Plaintiff’s MOTION to Amend the Order Regarding Confidentiality of Certain Discovery Material ISSUED: A Motion Hearing is set for 6/16/2015 at 10:00 AM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. (Calderon, Melissa) (Entered: 05/28/2015)
06/11/2015 161 MOTION to Compel by Sexual Minorities Uganda.(Shah, Jeena) (Entered: 06/11/2015)
06/11/2015 162 MEMORANDUM in Support re 161 MOTION to Compel filed by Sexual Minorities Uganda. (Shah, Jeena) (Entered: 06/11/2015)
06/11/2015 163 AFFIDAVIT in Support re 161 MOTION to Compel filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A-N)(Shah, Jeena) (Entered: 06/11/2015)
06/12/2015 164 MOTION for Leave to Appear Pro Hac Vice for admission of Judith Chomsky Filing fee: $ 100, receipt number 0101-5606343 by Sexual Minorities Uganda. (Attachments: # 1 Affidavit Certificate of Judith Chomsky)(Ryan, Luke) (Entered: 06/12/2015)
06/12/2015 165 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 164 Motion for Leave to Appear Pro Hac Vice Added Judith Brown Chomsky. 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. (Finn, Mary) (Entered: 06/12/2015)
06/15/2015 166 MOTION for Protective Order limiting the Deposition of Sam Ganafa and for Expedited Consideration by Sexual Minorities Uganda.(Shah, Jeena) (Entered: 06/15/2015)
06/15/2015 167 MEMORANDUM in Support re 166 MOTION for Protective Order limiting the Deposition of Sam Ganafa and for Expedited Consideration filed by Sexual Minorities Uganda. (Shah, Jeena) (Entered: 06/15/2015)
06/15/2015 168 AFFIDAVIT in Support re 166 MOTION for Protective Order limiting the Deposition of Sam Ganafa and for Expedited Consideration by Gina Spiegelman filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A-D)(Shah, Jeena) (Entered: 06/15/2015)
06/15/2015 169 AFFIDAVIT in Support re 166 MOTION for Protective Order limiting the Deposition of Sam Ganafa and for Expedited Consideration by Sam Ganafa filed by Sexual Minorities Uganda. (Shah, Jeena) (Entered: 06/15/2015)
06/16/2015 171 ELECTRONIC Clerk’s Notes for proceedings held before Magistrate Judge Katherine A. Robertson: A Motion Hearing was held on 6/16/2015. Attorneys Present: Jeena D. Shah, Luke F. Ryan, Horatio G. Mihet, Roger Gannam. Arguments were heard re 149 Plaintiff’s MOTION to Amend the Order Regarding Confidentiality of Certain Discovery Material. This matter is taken under advisement. The parties were heard as to 166 Plaintiff’s MOTION for Protective Order limiting the Deposition of Sam Ganafa and for Expedited Consideration. Defendant intends to file an opposition. The Court informed the parties that 161 Plaintiff’s MOTION to Compel Production of Documents and Responses to Interrogatories is not ripe for consideration. (Court Reporter: Digital Recording – For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) (Calderon, Melissa) (Entered: 06/18/2015)
06/17/2015 170 CERTIFICATE OF SERVICE re 166 MOTION for Protective Order limiting the Deposition of Sam Ganafa and for Expedited Consideration Certificate of Service for Memorandum of Law in Support of Motion filed by Sexual Minorities Uganda. (Shah, Jeena) Modified on 6/17/2015 to correct the text to reflect the docment that is being filed. (Finn, Mary). (Entered: 06/17/2015)
06/18/2015 172 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered. The Plaintiff is requested to submit for In Camera review (under seal) the documents that Plaintiff proposes to designate for “Attorneys’ Eyes Only” protection on or before the close of business on 6/22/2015. (Calderon, Melissa) (Entered: 06/18/2015)
06/18/2015 173 MOTION to Compel Plaintiff to Produce Unredacted Documents by Scott Lively. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6Exhibit F, # 7 Exhibit G)(Gannam, Roger) (Entered: 06/18/2015)
06/18/2015 174 MEMORANDUM in Support re 173 MOTION to Compel Plaintiff to Produce Unredacted Documents and for Expedited Consideration filed by Scott Lively. (Gannam, Roger) (Entered: 06/18/2015)
06/18/2015 175 ELECTRONIC NOTICE issued requesting courtesy copy for 173 MOTION to Compel and supporting exhibits. Plaintiff to Produce Unredacted Documents. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk’s Office by June 23, 2015. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Finn, Mary) (Entered: 06/18/2015)
06/18/2015 176 Transcript of Motion Hearing held on June 16, 2015, before Magistrate Judge Katherine A. Robertson. The Transcript may be purchased through Maryann Young at 508-384-2003, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: No Reporter Used. Digital Recording transcribed by Maryann Young. Redaction Request due 7/9/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 9/16/2015. (Scalfani, Deborah) (Entered: 06/18/2015)
06/18/2015 177 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court’s Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 06/18/2015)
06/18/2015 178 MOTION for Extension of Time to October 15, 2015 to Submit Expert Disclosures and to Extend Other Litigation Deadlines by Sexual Minorities Uganda. (Attachments: # 1Exhibit A)(McNeely, Kaleb) (Entered: 06/18/2015)
06/18/2015 179 MEMORANDUM in Support re 178 MOTION for Extension of Time to October 15, 2015 to Submit Expert Disclosures and to Extend Other Litigation Deadlines filed by Sexual Minorities Uganda. (McNeely, Kaleb) (Entered: 06/18/2015)
06/18/2015 180 AFFIDAVIT in Support re 178 MOTION for Extension of Time to October 15, 2015 to Submit Expert Disclosures and to Extend Other Litigation Deadlines filed by Sexual Minorities Uganda. (McNeely, Kaleb) (Entered: 06/18/2015)
06/18/2015 181 MOTION for Extension of Time to July or August 2015 to Take the Deposition of SMUG , and Request for Expedited Consideration by Scott Lively. (Attachments: # 1Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Mihet, Horatio) (Entered: 06/18/2015)
06/21/2015 182 Opposition re 181 MOTION for Extension of Time to July or August 2015 to Take the Deposition of SMUG , and Request for Expedited Consideration filed by Sexual Minorities Uganda. (McNeely, Kaleb) (Entered: 06/21/2015)
06/21/2015 183 AFFIDAVIT of Pamela C. Spees in Opposition re 181 MOTION for Extension of Time to July or August 2015 to Take the Deposition of SMUG , and Request for Expedited Consideration filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(McNeely, Kaleb) (Entered: 06/21/2015)
06/21/2015 184 AFFIDAVIT of Pepe Julian Onziema in Opposition re 181 MOTION for Extension of Time to July or August 2015 to Take the Deposition of SMUG , and Request for Expedited Consideration filed by Sexual Minorities Uganda. (McNeely, Kaleb) (Entered: 06/21/2015)
06/22/2015 185 RESPONSE to Motion re 178 MOTION for Extension of Time to October 15, 2015 to Submit Expert Disclosures and to Extend Other Litigation Deadlines filed by Scott Lively. (Mihet, Horatio) (Entered: 06/22/2015)
06/22/2015 186 NOTICE OF MANUAL FILING / Documents for In Camera Review filed under seal by Plaintiff Sexual Minorities Uganda pursuant to the Court’s 172 Order. (Lindsay, Maurice) (Entered: 06/22/2015)
06/22/2015 187 ELECTRONIC NOTICE of Hearing ISSUED: A Telephone Conference is set for 6/24/2015 at 2:30 PM in Hampshire Courtroom before Magistrate Judge Katherine A. Robertson. The Clerk shall inform counsel of the procedures to follow in order to participate by telephone. (Calderon, Melissa) (Entered: 06/22/2015)
06/22/2015 188 Remark: call-in instructions emailed to the parties. (Calderon, Melissa) (Entered: 06/22/2015)
06/23/2015 189 NOTICE of Appearance by Christopher G. Betke on behalf of Sexual Minorities Uganda (Betke, Christopher) (Entered: 06/23/2015)
06/24/2015 190 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 178 Motion for Extension of Deadlines for Expert Disclosures and Other Litigation Deadlines. A revised scheduling order will issue. (Robertson, Katherine) (Entered: 06/24/2015)
06/24/2015 191 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 181 motion for extension of time to take the rule 30(b)(6) deposition of plaintiff and the deposition of Pepe Onziema. For reasons stated at the hearing held today, the court has extended the deadline for completion of fact discovery for limited and stated purposes. A separate scheduling order shall issue. (Robertson, Katherine) (Entered: 06/24/2015)
06/24/2015 192 ELECTRONIC Clerk’s Notes for proceedings held before Magistrate Judge Katherine A. Robertson: A Telephone Conference was held on 6/24/2015. Attorneys Present: Jeena D. Shah, Horatio G. Mihet and Roger Gannam. Colloquy re: status of the case and pending motions. Further schedule established. Orders to issue. (Court Reporter: Digital Recording – For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) (Calderon, Melissa) (Entered: 06/24/2015)
06/24/2015 193 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered. Order Extending Deadlines for Filing Oppositions to Pending Motions. For the reasons stated at the hearing held on June 24, 2015, the deadlines for the filing of oppositions to certain pending discovery motions are extended, as follows: the defendant’s opposition to Docket No. 161 (Motion to Compel by Sexual Minorities of Uganda) shall be filed by July 2, 2015; the defendant’s opposition to Docket No. 166 (plaintiff’s Motion for Protective Order limiting the Deposition of Sam Ganafa) shall be filed by July 6, 2015; and plaintiff’s opposition to Docket No. 173 (defendant’s Motion to Compel Plaintiff to Produce Unredacted Documents) shall be filed by July 9, 2015. It is so ordered. (Calderon, Melissa) (Entered: 06/24/2015)
06/29/2015 194 Transcript of Telephone Status Conference held on June 24, 2015, before Magistrate Judge Katherine A. Robertson. The Transcript may be purchased through Maryann Young at 508-384-2003, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name: No Reporter Used. Digital Recording transcribed by Maryann Young. Redaction Request due 7/20/2015. Redacted Transcript Deadline set for 7/30/2015. Release of Transcript Restriction set for 9/28/2015. (Scalfani, Deborah) (Entered: 06/29/2015)
06/29/2015 195 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court’s Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 06/29/2015)
07/02/2015 196 MEMORANDUM in Opposition re 161 MOTION to Compel filed by Scott Lively. (Attachments: # 1 Exhibit A)(Mihet, Horatio) (Entered: 07/02/2015)
07/06/2015 197 MEMORANDUM in Opposition re 166 MOTION for Protective Order limiting the Deposition of Sam Ganafa and for Expedited Consideration filed by Scott Lively. (Attachments: # 1 Exhibit A)(Mihet, Horatio) (Entered: 07/06/2015)
07/09/2015 198 MEMORANDUM in Opposition re 173 MOTION to Compel Plaintiff to Produce Unredacted Documents filed by Sexual Minorities Uganda. (Spees, Pamela) (Entered: 07/09/2015)
07/09/2015 199 AFFIDAVIT in Opposition re 173 MOTION to Compel Plaintiff to Produce Unredacted Documents filed by Sexual Minorities Uganda. (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)(Spees, Pamela) (Entered: 07/09/2015)
07/09/2015 200 AFFIDAVIT in Opposition re 173 MOTION to Compel Plaintiff to Produce Unredacted Documents filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit G)(Spees, Pamela) (Entered: 07/09/2015)
07/25/2015 201 MOTION for Hearing re 173 MOTION to Compel Plaintiff to Produce Unredacted Documents by Scott Lively.(Gannam, Roger) (Entered: 07/25/2015)
07/31/2015 202 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered denying 161 Motion to Compel. In one of a series of discovery motions filed by the parties, before the court is a motion by plaintiff, Sexual Minorities of Uganda (“Plaintiff”), to compel the defendant, Scott Lively (“Defendant”), to produce documents responsive to Plaintiff’s document requests 4, 22, 23, 24 and 25, and to supplement his answers to plaintiff’s interrogatories 16, 19, 20 and 21 (Dkt. No. 162 ). Plaintiff contends that Defendant has improperly narrowed the scope of its discovery requests by refusing to provide documents or information regarding his allegedly persecutory efforts against LGBTI individuals in countries other than Uganda. Defendant argues that requests for information about his activities in countries other than Uganda seek information that is not relevant to Plaintiff’s claims of persecution of LGBTI individuals in Uganda.The scope of discovery is governed by Federal Rule of Civil Procedure 26(b)(1), which provides that “[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any partys claim or defense… For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action.” Discovery is subject to limitations set forth in the rule, “such as proportionality and duplication.” TG Plastics Trading Co. v. Toray Plastics, No. C.A. 09-336S, 2010 WL 936221, at *1 (D.R.I. Mar. 12, 2010). “‘The party seeking information in discovery over an adversary’s objection has the burden of showing its relevance.'” Id. at *2 (quoting Caouette v. Officemax, Inc., 352 F. Supp. 2d 134, 136 (D.N.H. 2005)).In the court’s view, Plaintiff has failed to meet that burden. Information about Defendant’s activities in countries other than the United States and Uganda is not directly relevant to Plaintiff’s claims and any relevance it may have in this case is, at best, attenuated. For purposes of establishing Defendant’s liability, Plaintiff will be required to show that Defendant’s alleged “offensive conduct… occurred in substantial part, within this country.” Sexual Minorities of Uganda v. Lively, 960 F. Supp. 2d 304, 310 (D. Mass. 2013). Thus, Plaintiff plainly is entitled to discovery of information regarding Defendant’s activities in the United States that have a connection to the claimed injuries of its members in Uganda and, more broadly, to the LGBTI community in Uganda. As to activities in countries other than the United States, Plaintiff’s claims are that Defendant, individually and in a joint enterprise or conspiracy with others, has committed the crime against humanity of persecution of LGBTI individuals in Uganda; that he participated in a civil conspiracy with four Ugandan nationals for an unlawful purpose; and that, through his acts and omissions, he negligently created a virulently hostile environment for Plaintiff and the LGBTI community in Uganda (Dkt. No. 27 at 55-59). According to the amended complaint, Defendant’s goals and purposes and his recommended tactics were communicated at conferences in Uganda that he attended and at which he spoke and in books he has authored (id. at, e.g.,16-18, 22-23). Activities by Defendant in countries other than the United States and Uganda perhaps have some relevance to the subject matter of this action. Where, however, Plaintiff already has substantial evidence of Defendant’s intentions regarding LGBTI individuals, and Defendant has produced thousands of pages of documents, Plaintiff has not shown good cause to overcome the limits on discovery imposed by the concepts of proportionality and duplication. (Calderon, Melissa) (Entered: 07/31/2015)
07/31/2015 203 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered denying 166 Motion for Protective Order. Before the court is the motion of plaintiff Sexual Minorities of Uganda (“Plaintiff”) for a protective order ordering that the deposition of Sam Ganafa, a member, and possibly chair, of its board of directors, be taken by video-conference and that the deposition be limited to questions about certain specific events alleged in the amended complaint about which Mr. Ganafa has personal knowledge (Dkt. No. 166 ). In support of its motion, Plaintiff states that it does not intend to rely on Mr. Ganafa’s testimony at trial; that he has limited first-hand knowledge of the facts recited in the amended complaint; and that it would be unduly burdensome for him to travel to the United States to sit for a deposition in person. In opposition to the motion, defendant Scott Lively (“Defendant”) argues against limitations set in advance on the questions he can ask of Mr. Ganafa because, as a prominent civil rights activist in Uganda, Mr. Ganafa has extensive knowledge of facts relevant to this litigation. Defendant has set forth in some detail difficulties he claims would be presented by a deposition by video-conference. For the following reasons, the court DENIES Plaintiff’s motion (Dkt. No. 197 ).In requesting limits on the subjects on which Defendant can question Mr. Ganafa, Plaintiff is, in essence, seeking in advance to place most questions to him off limits on the basis that Plaintiff does not intend to call him as a witness and therefore sees his testimony as irrelevant. Prohibiting the taking of deposition testimony is highly unusual. See Prozina Shipping Co., Ltd. v. Thirty-Four Automobiles, 179 F.R.D. 41, 48 (D. Mass. 1998). This is not a case in which a party seeks to depose a high level executive who lacks any knowledge relevant to the claims asserted by that party. See generally WebSideStory, Inc. v. NetRatings, Inc., Civil No. 06cv408 WQH(AJB), 2007 WL 1120567 (S.D. Ca. April 6, 2007). To the contrary, it appears that Mr. Ganafa has personal experience of persecution and repression in Uganda of the very kind of which Plaintiff complains. While Plaintiff may not intend to call Mr. Ganafa as a witness, Plaintiff is not authorized to decide “what may or may not be relevant for Defendants purposes.” Atchison Casting Corp. v. Marsh, Inc., 216 F.R.D. 225, 227 (D. Mass. 2003). Plaintiff’s motion for a protective order is denied insomuch as it seeks to place limits in advance on the questions that can be asked of Mr. Ganafa.As to the location of the deposition, Plaintiff having chosen to bring suit in Massachusetts, it “cannot now argue that it would be too burdensome for it to appear for discovery here.” Prozina Shipping Co., Ltd., 179 F.R.D. at 48; see also Aerocrine AB v. Apieron, Inc., 267 F.R.D. 105, 108 (D. Del. 2010) (general rule is that plaintiff must produce witnesses in district in which plaintiff instituted action); MPD Accessories B.V. v. Target Corp., No. 12-7259, 2013 WL 1200359, *1 (S.D.N.Y Mar. 1, 2013) (same). Defendant has set out in detail barriers that he claims exist to taking Mr. Ganafa’s deposition by video-conference, including an inability to comply with Federal Rule of Civil Procedure 28(b), which governs the taking of deposition testimony in a foreign country, and a time difference that would inconvenience counsel and the witness and make it impracticable for the court to resolve disputes that might arise in the course of the deposition. Plaintiff has not rebutted these contentions. Pursuant to Federal Rule of Civil Procedure 29 (“Rule 29”), the parties would be free to stipulate to a deposition by video-conference of Mr. Ganafa that could be used for purposes of trial, but Defendant has refused to do so. In these circumstances, the court is unable to conclude that a deposition of Mr. Ganafa by video-conference is a viable alternative to his appearance in Massachusetts (or New York, where, it appears, most depositions in this case have been taken). The parties remain free to stipulate, pursuant to Rule 29, to mutually satisfactory arrangements for Mr. Ganafa’s deposition either in this country or in Uganda.For the foregoing reasons, Plaintiff’s motion for a protective order limiting the deposition of Sam Ganafa is DENIED. It is so ordered. (Calderon, Melissa) (Entered: 07/31/2015)
08/10/2015 204 Magistrate Judge Katherine A. Robertson: ORDER entered. MEMORANDUM AND ORDER Regarding Plaintiff’s 149 Motion to Amend Existing Protective Order and Defendant’s 173 Motion to Compel Plaintiff to Produce Unredacted Documents. For the reasons stated, Defendant’s Motion to Compel Plaintiff to Produce Unredacted Documents is GRANTED in part and DENIED in part and Plaintiff’s Motion to Amend the Order Regarding Confidentiality of Certain Discovery Material is DENIED. See attached memorandum and order for complete details. (Calderon, Melissa) (Entered: 08/10/2015)
08/10/2015 205 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered finding as moot 201 Request for Oral Argument on Defendant Scott Lively’s Motion to Compel Plaintiff to Produce Unredacted Documents and for Expedited Consideration. See Memo & Order (Dkt. No. 204 for complete details. (Calderon, Melissa) (Entered: 08/10/2015)
08/13/2015 206 MOTION for Extension of Time to October 30, 2015 to Complete Three Fact Depositions and Request for Expedited Consideration by Scott Lively. (Attachments: # 1 Exhibit A)(Mihet, Horatio) (Entered: 08/13/2015)
08/14/2015 207 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting in part and denying in part 206 Motion for Extension of Time to Complete Fact Discovery. The court finds there is good cause for an extension of the time for taking non-expert depositions that have already been noticed. The deadline for completion of fact discovery is therefore extended to October 2, 2015. The deadline for plaintiff to make its expert disclosures is extended to November 2, 2015. Defendant shall make its expert disclosures by no later than December 2, 2015. Expert depositions shall be completed by January 6, 2016. The defendant shall file his motion for summary judgment by no later than February 8, 2016; plaintiff shall file its opposition thereto, and any cross-motion for summary judgment by no later than March 7, 2016. Defendant’s opposition to any summary judgment motion by plaintiff shall be filed by March 28, 2016. A hearing on the parties’ summary judgment motion(s) shall be held on April 21, 2016 at 11:00 a.m. The parties should not anticipate any further extensions to these deadlines. (Robertson, Katherine) (Entered: 08/14/2015)
08/17/2015 208 Set/Reset Deadlines as to: Plft’s expet discl. extended to 11/2/2015, Deft’s to 12/2/2015. Expert depos. to be compl. by 1/6/2016. Deft’s Moton for S/J due 2/8/2016, Pltf’s resp. and cross motion for S/J due 3/7/2016. Deft’s opp. 3/28/2016. Motion Hearing set for 4/21/2016 11:00 AM in Hampden Courtroom before Judge Michael A. Ponsor(Finn, Mary) (Entered: 08/17/2015)
08/24/2015 209 Objection to 204 Memorandum & ORDER,, by Sexual Minorities Uganda . (Attachments: # 1 Affidavit)(Shah, Jeena) (Entered: 08/24/2015)
08/24/2015 210 Objection to 204 Memorandum & ORDER,, by Scott Lively . (Attachments: # 1 Exhibit A. Excerpts from Plaintiffs Supplemental Responses to Defendant Scott Livelys First Set of Interrogatories)(Gannam, Roger) (Entered: 08/24/2015)
09/04/2015 211 MOTION Retain Confidential Designations by Sexual Minorities Uganda.(Beebe, Daniel) (Entered: 09/04/2015)
09/04/2015 212 MEMORANDUM in Support re 211 MOTION Retain Confidential Designations filed by Sexual Minorities Uganda. (Beebe, Daniel) (Entered: 09/04/2015)
09/04/2015 213 DECLARATION re 211 MOTION Retain Confidential Designations of Frank Mugisha by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Beebe, Daniel) (Entered: 09/04/2015)
09/04/2015 214 DECLARATION re 211 MOTION Retain Confidential Designations of Daniel W. Beebe by Sexual Minorities Uganda. (Beebe, Daniel) (Entered: 09/04/2015)
09/04/2015 215 Proposed Document(s) submitted by Sexual Minorities Uganda. Document received: Proposed Order. (Beebe, Daniel) (Entered: 09/04/2015)
09/08/2015 216 Response by Sexual Minorities Uganda to 210 Objection to Memorandum and Order dated August 10, 2015. (Shah, Jeena) (Entered: 09/08/2015)
09/15/2015 217 Response by Scott Lively to 209 Objection to Memorandum and Order dated August 10, 2015. (Gannam, Roger) (Entered: 09/15/2015)
09/16/2015 218 MOTION for Extension of Time to Week of October 26, 2015 to Complete the Ganafa, Onziema and SMUG Depositions while Leaving the Litigation Schedule Otherwise Intact; and Renewed MOTION to Compel SMUG to Produce Documents it has been Ordered but Failed to Produce; MOTION for Fees and Costs and MOTION for Expedited Consideration by Scott Lively. (Attachments: # 1 Exhibit A – SMUG-Lively Email Communications)(Mihet, Horatio). Added 3 additional reliefs – MOTION to Compel, MOTION for Costs, MOTION for Expedited Consideration on 9/16/2015 (Finn, Mary). (Entered: 09/16/2015)
09/16/2015 219 Letter/request (non-motion) from D. Beebe to Hon. Michael A. Ponsor to object to Defendant’s untimely filing (Dkt. No. 217). (Beebe, Daniel) (Entered: 09/16/2015)
09/17/2015 220 Letter/request (non-motion) from Defendant Scott Lively Responding to Plaintiff’s Improper Letter to Judge Michael A. Ponsor of September 16, 2015 (dkt. 219). (Mihet, Horatio) (Entered: 09/17/2015)
09/18/2015 221 MEMORANDUM in Opposition re 211 MOTION Retain Confidential Designations filed by Scott Lively. (Mihet, Horatio) (Entered: 09/18/2015)
09/21/2015 222 RESPONSE to Motion re 218 MOTION for Extension of Time to Week of October 26, 2015 to Complete the Ganafa, Onziema and SMUG Depositions while Leaving the Litigation Schedule Otherwise Intact; and Renewed Motion to Compel SMUG to Produce Documents it has been Ordered but MOTION to Compel MOTION for Costs filed by Sexual Minorities Uganda. (Spiegelman, Gina) (Entered: 09/21/2015)
09/22/2015 223 MOTION for Leave to File Reply in Support of Motion for Extension of Time to Take the Ganafa, Onziema and SMUG Depositions, OR, Alternatively, MOTION for Telephonic Hearing by Scott Lively. (Attachments: # 1 Exhibit A – SMUG Production Emails)(Mihet, Horatio). Added an additional relief – MOTION for Hearing on 9/22/2015 (Finn, Mary). (Entered: 09/22/2015)
09/22/2015 224 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Sexual Minorities Uganda re 222 Response to Motion, . (Spiegelman, Gina) (Entered: 09/22/2015)
09/23/2015 225 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 223 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. The request for a hearing is denied. (Robertson, Katherine) (Entered: 09/23/2015)
09/23/2015 226 REPLY to Response to 218 MOTION for Extension of Time to Week of October 26, 2015 to Complete the Ganafa, Onziema and SMUG Depositions while Leaving the Litigation Schedule Otherwise Intact; and Renewed Motion to Compel SMUG to Produce Documents it has been Ordered but MOTION to Compel MOTION for Costs filed by Scott Lively. (Attachments: # 1 Exhibit A – SMUG Production Emails)(Mihet, Horatio) (Entered: 09/23/2015)
09/23/2015 227 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting in part and denying part Defendant’s 218 Motion for Leave to Take the Ganafa, Onziema and SMUG Depositions during the week of October 26, 2016, while leaving the litigation schedule otherwise intact; Renewed Motion to Compel SMUG to Produce Documents it has been ordered but failed to produce AND Request for Expedited Consideration. In another of a series of discovery motions filed by the parties, before the court is a motion by defendant Scott Lively (“Defendant”) to extend to the week of October 26, 2015 the time for Defendant to take the depositions of Messrs. Ganafa and Onziema, the latter individually and as the Rule 30(b)(6) deponent for plaintiff Sexual Minorities of Uganda (“Plaintiff”). The motion is GRANTED for the following reasons. In or around late July and early August 2015, the undersigned issued a series of rulings on discovery motions by both parties (Dkt. Nos. 202 , 203 , 204 ) and extended certain deadlines in the existing scheduling order. One or more of those rulings required Plaintiff to produce in unredacted form a significant number of pages of the documents that it had previously produced in redacted form. The court also declined to amend the existing protective order to permit the production by Plaintiff of additional documents subject to an “attorneys eyes only” (“AEO”) designation. Plaintiff timely objected to that aspect of the court’s rulings (as it was entitled to do). Because the dispute about AEO designation remains unresolved, Plaintiff has not produced the documents that, in its view, warrant an AEO designation. Defendant argues that, because Plaintiff produced more than 4,800 pages of unredacted material this week and has not produced the documents which it seeks to produce subject to an AEO designation, he lacks adequate time to review documents in advance of taking the depositions of Messrs. Ganafa and Onziema and the Rule 30(b)(6) deposition of Plaintiff under the existing scheduling order, which sets an October 2, 2015 deadline for the completion of fact depositions.The court does not accept as accurate the aspersions cast on Plaintiff’s counsel by defense counsel. Nonetheless although these are points Plaintiff appears unwilling to acknowledge Defendant is entitled to take depositions based on as complete as possible a record and the delay in Plaintiff’s document production has interfered with this reasonable expectation. To the extent Plaintiff unilaterally made travel arrangements for its deponents knowing that the timing of their depositions was a subject of dispute, that is not a good reason to accept Plaintiff’s alternative scheduling proposal, which would not, for the reasons stated by Defendant, allow adequate time to prepare. Accordingly, Defendant will have to the week of October 26, 2015 to take the depositions of Messrs. Ganafa and Onziema, the latter individually and as the Rule 30(b)(6) deponent for Plaintiff.No other changes to the scheduling order are warranted. Messrs. Ganafa and Onziema are associated with Plaintiff and therefore available for consultation with Plaintiff’s expert(s) for purposes of the preparation of Plaintiff’s expert disclosure(s), which must be made by November 2, 2015 in compliance with the existing scheduling order. Defendant’s request for sanctions pursuant to Federal Rule of Civil Procedure 37 in the form of fees and costs is DENIED. (Calderon, Melissa) (Entered: 09/23/2015)
09/23/2015 228 Judge Michael A. Ponsor: ORDER entered. MEMORANDUM AND ORDER Regarding Objections to Magistrate Judge’s Rulings on Non-Dispositive Motions. See the attached memo and order for details. (Lindsay, Maurice) (Entered: 09/23/2015)
09/23/2015 229 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting Plaintiff’s 211 Motion to Retain Confidential Designations. Before the court is a motion by plaintiff, Sexual Minorities of Uganda (“Plaintiff”), to retain confidential designations it has placed on information about its finances to which Frank Muguisha testified during his recent deposition (Dkt. No. 211 ). The defendant, Scott Lively (“Defendant”), opposes the motion, asserting that he has the right to rely on this financial information to respond publicly to the allegations against him (Dkt. No. 221 at 4). The positions of the parties here are strikingly similar to the positions of the parties who were before the court in Seattle Times Co. v. Rhinehart, 467 U.S. 20 (1984). That case, in which the Court affirmed the terms of a protective order that prohibited the disclosure by the defendants of financial information produced by a non-profit entity in discovery, is controlling. Accordingly, Plaintiff’s motion is GRANTED. In Seattle Times Co., the plaintiffs (respondents on appeal), the spiritual leader and other members of a religious group suing the defendants for defamation, were required to produce information about the group’s finances, including its donors’ identities, in discovery. In connection with the production of this financial information, the plaintiffs sought and ultimately obtained a protective order prohibiting the defendants from “publishing, disseminating, or using the [financial] information in any way except where necessary to prepare for and try the case.” Id. at 27. Plaintiffs sought the protective order because the defendants had stated their intention to use the information gained through discovery in future articles about the plaintiffs. See id. at 26. The Supreme Court rejected the defendants’ claim that the protective order was a violation of their First Amendment rights. See id. at 31-34. The Court observed that there is an opportunity in discovery “for litigants to obtain incidentally or purposefully information that… if publicly released could be damaging to reputation and privacy.” Id. at 35. The Court held that “[t]he prevention of the abuse that can attend the coerced production of information under [the] discovery rule[s] is sufficient justification for the authorization of protective orders,” id. at 35-36, thereby affirming the confidentiality of the plaintiffs’ financial information under the terms of the protective order entered by the state trial court. Subsequently, other courts have held that there is no right to publicly disseminate discovery that has not been filed with a court. See, e.g., Bond v. Utreras, 585 F.3d 1061, 1073 (7th Cir. 2009).Under the terms of the protective order entered in this case, a party may designate discovery material as confidential if there is a good faith basis for the belief that it contains information that may subject a person or organization to a risk of imminent harm or undue harassment (Dkt. No. 106 at 1, ¶ 1(b)). Plaintiff alleges that, with others, Defendant “has attempted to foment, and to a substantial degree has succeeded in fomenting, an atmosphere of harsh and frightening repression against [lesbian, gay, bisexual, transgender and intersex (“LGBTI”)] people in Uganda.” Sexual Minorities of Uganda v. Lively, 960 F. Supp. 2d 304, 309 (D. Mass. 2013). While Defendant’s liability for the repression and persecution of LGBTI individuals in Uganda remains at issue, the fact of the repression and persecution is well-established. Plaintiff has sufficiently demonstrated that public disclosure of the financial information about which Mr. Muguisha testified could result in imminent harm to, or undue harassment of, Plaintiff and LGBTI persons in Uganda (Dkt. Nos. 213 , 213 -1, 213 -2). Accordingly, and for the foregoing reasons, Plaintiff’s motion is GRANTED. (Calderon, Melissa) (Entered: 09/23/2015)
10/09/2015 230 MOTION for Extension of Time to the Week of November 9, 2015 to Take the Onziema and SMUG depositions and Extension of Time to December 16, 2015 for Defendant’s Expert Disclosures, and Request for Expedited Consideration by Sexual Minorities Uganda.(McNeely, Kaleb) (Entered: 10/09/2015)
10/13/2015 231 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 230 defendant’s unopposed motion to extend the time for taking the depositions of Messrs. Ganafa and Onziema (and including a Rule 30(b)(6) deposition of plaintiff Sexual Minorities of Uganda) to November 9, 2016 to accommodate the schedules of the witnesses, and to extend to December 16, 2015 the time for defendant to make his expert disclosures. In all other respects, the current scheduling order remains in effect. (Robertson, Katherine) (Entered: 10/13/2015)
12/08/2015 232 MOTION for Extension of Time to March 15, 2016 to Provide Rebuttal Expert Reports and Request for Expedited Consideration (Partial Consent) by Scott Lively. (Attachments: # 1 Exhibit A – Leaning Report, # 2 Exhibit B – Meyer Report, # 3 Exhibit C – Bassiouni Report)(Mihet, Horatio) (Entered: 12/08/2015)
12/22/2015 233 Opposition re 232 MOTION for Extension of Time to March 15, 2016 to Provide Rebuttal Expert Reports and Request for Expedited Consideration (Partial Consent) filed by Sexual Minorities Uganda. (McNeely, Kaleb) (Entered: 12/22/2015)
01/05/2016 234 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 232 defendant’s motion for an extension of time to March 15, 2016 for defendant to identify his rebuttal experts and provide his associated Rule 26(a)(2) expert disclosures. The deadline for completion of expert depositions is extended to April 15, 2016. The parties are to file dispositive motions, if any, by no later than May 16, 2016; oppositions thereto shall be filed by June 15, 2016; and replies, if any, shall be filed by July 6, 2016. A hearing on dispositive motions is scheduled for September 14, 2016 at 11:00 a.m. in the Hampden Courtroom. (Robertson, Katherine) (Entered: 01/05/2016)
01/07/2016 235 Set/Reset Deadlines: Expert disclosures to be completed by 3/15/2016; completion of expert depositions by 4/15/2016; dispositive motions due by 5/16/2016; oppositions due by 6/15/2016; and replies, if any, due by 7/6/2016. A hearing on dispositive motions is set for 9/14/2016 at 11:00 AM in Hampden Courtroom before Judge Michael A. Ponsor. (Calderon, Melissa) (Entered: 01/07/2016)
03/22/2016 236 Joint Letter/request (non-motion) from Kaleb McNeely request for leave to take one expert deposition after the deadline for completion of expert depositions. (McNeely, Kaleb) (Entered: 03/22/2016)
03/22/2016 237 Remark re 236 Joint Letter. To the extent the parties request leave of court to take depositions three days beyond the deadline for expert depositions, leave is granted. (Calderon, Melissa) (Entered: 03/22/2016)
05/05/2016 238 Joint MOTION for Extension of Time to July 1, 2016 to File Dispositive Motions and MOTION for Leave to Complete Expert Deposition on May 19, 2016, and for Expedited Consideration by Scott Lively.(Gannam, Roger). Added an additional relief – MOTION on 5/5/2016 (Finn, Mary). (Entered: 05/05/2016)
05/05/2016 239 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 238 for good cause the parties’ joint motion for an extension of time to complete one expert deposition and to file and respond to dispositive motions. The final expert deposition shall be completed by no later than May 19, 2016. Dispositive motion(s) shall be filed by July 1, 2016; opposition(s) thereto shall be filed by August 1, 2016, and replies, if any, by August 22, 2016. The hearing on dispositive motions shall remain as scheduled on September 14, 2016. (Robertson, Katherine) (Entered: 05/05/2016)
05/06/2016 240 Set/Reset Deadlines: Discovery re: final expert depo. to be completed by 5/19/2016. Dispositive Motions due by 7/1/2016. Responses due by 8/1/2016, Replies due by 8/22/2016. Motion Hearing to remain on 9/14/2016 11:00 AM in Hampden Courtroom before Judge Michael A. Ponsor.) (Finn, Mary) (Entered: 05/06/2016)
06/07/2016 241 NOTICE of Withdrawal of Appearance Attorney Vikram Kumar terminated. (Lindsay, Maurice) (Entered: 06/07/2016)
06/24/2016 242 MOTION for Extension of Time to July 18, 2016 or August 12, 2016 to File Dispositive Motions by Scott Lively.(Mihet, Horatio) (Entered: 06/24/2016)
06/24/2016 243 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered denying 242 the defendant’s Motion for Extension of Time to file his dispositive motion. The court has repeatedly agreed to the parties’ requests for extensions to accommodate counsels’ schedules, including as to the filing of defendant’s dispositive motion. Granting this motion would in any event require rescheduling the dispositive motion hearing because the court will require adequate time to prepare. There should not be any further delay in resolution of this case. (Robertson, Katherine) (Entered: 06/24/2016)
06/29/2016 244 Consent MOTION for Extension of Time to One Business Day to and Including July 5, 2016 to File Dispositive Motions by Scott Lively.(Mihet, Horatio) (Entered: 06/29/2016)
06/29/2016 245 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 244 Motion for Extension of Time to 7/5/2016 to file dispositive motions, to 8/4/2016 for oppositions and to 8/25/2016 for replies. (Finn, Mary) (Entered: 06/29/2016)
06/29/2016 246 Set/Reset Deadlines: Dispositive Motions due by 7/5/2016. Responses due by 8/4/2016. Replies due by 8/25/2016. (Finn, Mary) (Entered: 06/29/2016)
07/05/2016 247 MOTION for Leave to File Excess Pages in Defendant’s Brief in Support of Motion for Summary Judgment by Scott Lively.(Mihet, Horatio) (Entered: 07/05/2016)MOTION for Leave to File Excess Pages in Defendant’s Brief in Support of Motion for Summary Judgment by Scott Lively.(Mihet, Horatio) (Entered: 07/05/2016)
07/05/2016 248 MOTION for Summary Judgment and MOTION for a Hearing by Scott Lively.(Mihet, Horatio). Added an additional relief – MOTION for Hearing on 7/6/2016 (Finn, Mary). (Entered: 07/05/2016)
07/05/2016 249 MEMORANDUM in Support re 248 MOTION for Summary Judgment filed by Scott Lively. (Attachments: # 1 Exhibit A – Lively Declaration, # 2 Exhibit B – Langa Declaration, # 3 Exhibit C – Tuhaise Declaration, # 4 Exhibit D – SMUG 2nd Supp. Rog. Resp., # 5 Exhibit E – SMUG 5th Supp. Rog. Resp., # 6 Exhibit F – SMUG Initial Disclosures, # 7 Exhibit G – SMUG 1st Supp. Initial Disclosures)(Mihet, Horatio) (Attachment 5 replaced on 7/7/2016 with correct Exhibit E.) (Finn, Mary). Modified on 7/7/2016 (Finn, Mary). (Entered: 07/05/2016)
07/05/2016 250 NOTICE by Scott Lively re 248 MOTION for Summary Judgment of Filing Deposition Transcripts in Support (Attachments: # 1 Exhibit Deposition of Samuel Ganafa, # 2 Exhibit Deposition of Richard Lusimbo, # 3 Exhibit Deposition of Frank Mugisha, # 4 Exhibit Deposition of Victor Mukasa (Vol. 1), # 5 Exhibit Deposition of Victor Mukasa (Vol. 2), # 6 Exhibit Deposition of Plaintiff, SMUG, through designee Pepe Onziema (Vol. 1), # 7 Exhibit Deposition of Plaintiff, SMUG, through designee Pepe Onziema (Vol. 2))(Gannam, Roger) (Entered: 07/05/2016)
07/05/2016 251 NOTICE by Scott Lively re 248 MOTION for Summary Judgment of Filing Deposition Exhibits in Support (Attachments: # 1 Exhibit Defendant’s Exhibit F, # 2 Exhibit Defendant’s Exhibit I, # 3Exhibit Defendant’s Exhibit W, # 4 Exhibit Defendant’s Exhibit XX (CONFIDENTIAL), # 5Exhibit Defendant’s Exhibit ZZZ, # 6 Exhibit Defendant’s Exhibit 5G (CONFIDENTIAL))(Gannam, Roger) (Entered: 07/05/2016)
07/05/2016 252 NOTICE by Scott Lively re 248 MOTION for Summary Judgment of Filing Digital Media in Support (Gannam, Roger) (Entered: 07/05/2016)
07/05/2016 253 NOTICE by Scott Lively re 248 MOTION for Summary Judgment (Second) of Filing Deposition Exhibit in Support (Attachments: # 1 Exhibit Defendant’s Exhibit 5G)(Gannam, Roger) (Entered: 07/05/2016)
07/06/2016 254 Set/Reset Deadlines as to 248 MOTION for Summary Judgment . Pltf’s Response due by 8/4/2016. Deft’s Reply due by 8/25/2016. Motion Hearing set for 9/14/2016 11:00 AM in Hampden Courtroom before Judge Michael A. Ponsor. (Finn, Mary) (Entered: 07/06/2016)
07/06/2016 255 ELECTRONIC NOTICE issued requesting courtesy copy for 250 Notice (Other) and supporting exhibits, 249 Memorandum in Support of Motion and supporting exhibits. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk’s Office by Tuesday, July 12, 2016. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Finn, Mary) (Entered: 07/06/2016)
07/06/2016 256 Judge Michael A. Ponsor: ELECTRONIC ORDER entered. Defendant’s Motion for Leave to File Excess Pages (Dkt. No. 247) is ALLOWED. 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. (Kaplan, Jennifer) (Entered: 07/06/2016)
07/06/2016 257 MEMORANDUM in Support re 248 MOTION for Summary Judgment MOTION for Hearing – Leave to file granted on 7/6/2016 (Dkt. 256) filed by Scott Lively. (Attachments: # 1 Exhibit A – Lively Declaration, # 2 Exhibit B – Langa Declaration, # 3 Exhibit C – Tuhaise Declaration, # 4Exhibit D – SMUG 2d Supp. Interrog. Resps., # 5 Exhibit E – SMUG 5th Supp. Interrog. Resps., # 6 Exhibit F – SMUG Initial Disclosures, # 7 Exhibit G – SMUG 1st Supp. Initial Disclosures)(Gannam, Roger) (Main Document 257 replaced on 7/6/2016 wtih correct signed main document) (Finn, Mary). Modified on 7/6/2016 (Finn, Mary). (Attachment 5 replaced on 7/7/2016 with correct Exhibit E) (Finn, Mary). Modified on 7/7/2016 (Finn, Mary). (Entered: 07/06/2016)
07/11/2016 Remark – Courtesy copies of documents 250 and 257 received and placed in the file. Document 257 is a duplicate of document 249 . (Finn, Mary) (Entered: 07/11/2016)
07/11/2016 259 EXHIBIT 6 – (CD Disc Not Scanned) in support of Scott Lively Declaration to his 257Memorandum in Support of Motion, by Scott Lively. (Lindsay, Maurice) (Entered: 07/11/2016)
07/11/2016 260 MOTION for Extension of Time to August 18, 2016 to File Response/Reply to Plaintiff’s Motion for Summary Judgment and MOTION for Leave to Exceed Page Limitby Sexual Minorities Uganda.(McNeely, Kaleb). Added an additional relief – MOTION for Leave to File on 7/12/2016 (Finn, Mary). (Entered: 07/11/2016)
07/11/2016 261 MEMORANDUM in Opposition re 260 MOTION for Extension of Time to August 18, 2016 to File Response/Reply to Plaintiff’s Motion for Summary Judgment and for Leave to Exceed Page Limit filed by Scott Lively. (Gannam, Roger) (Entered: 07/11/2016)
07/12/2016 262 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered denying 260 so much of plaintiff’s motion as seeks an additional two weeks to file a memorandum in opposition to defendant’s summary judgment motion and denying without prejudice so much of 260 plaintiff’s motion as seeks leave to file a memorandum in excess of the established page limit. A motion for leave to exceed the page limit should be filed in conjunction with the proposed memorandum. (Robertson, Katherine) (Entered: 07/12/2016)
07/25/2016 263 NOTICE by Scott Lively re 257 Memorandum in Support of Motion,, 248 MOTION for Summary Judgment MOTION for Hearing of Filing Previously Confidential Exhibit in Support(Attachments: # 1 Exhibit SMUG 5th Supp. Interrog. Resps.)(Gannam, Roger) (Entered: 07/25/2016)
08/01/201 264 MOTION for Extension of Time to August 8, 2016 to File Response/Reply to Defendant’s Motion for Summary Judgment by Sexual Minorities Uganda.(McNeely, Kaleb) (Entered: 08/01/2016)
08/02/2016 265 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 264 Motion for Extension of Time to File Response re 248 MOTION for Summary Judgment MOTION for Hearing Responses due by 8/8/2016. Order allowed as to plaintiff’s deadline only. All other deadlines remain as previously set. (Hohler, Daniel) (Entered: 08/02/2016)
08/08/2016 266 MOTION to Retain Confidentiality Designation by Sexual Minorities Uganda.(Beebe, Daniel) (Entered: 08/08/2016)
08/08/2016 267 MEMORANDUM in Support re 266 MOTION to Retain Confidentiality Designation filed by Sexual Minorities Uganda. (Beebe, Daniel) (Entered: 08/08/2016)
08/08/2016 268 Proposed Document(s) submitted by Sexual Minorities Uganda. Document received: Proposed Order for Motion to Retain Confidentiality Designation (Dkt. No. 266). (Beebe, Daniel) (Entered: 08/08/2016)
08/08/2016 269 Consent MOTION for Leave to File Excess Pages in Brief in Response to Plaintiff’s Summary Judgment Motion by Sexual Minorities Uganda.(Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 270 Counter Statement of Material Facts L.R. 56.1 re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 271 AFFIDAVIT of Patricia Ackerman in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A)(Sullivan, Mark) (Main Document 271 replaced on 8/9/2016 with an uprighted affidavit) (Finn, Mary). Modified on 8/9/2016 (Finn, Mary). (Entered: 08/08/2016)
08/08/2016 272 AFFIDAVIT of Diane Bakuraira in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 273 AFFIDAVIT of Brian Nkoyooyo in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 274 AFFIDAVIT of Claire Byarugaba in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 275 AFFIDAVIT of Chris Dolan in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 276 AFFIDAVIT of Samuel Ganafa in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A)(Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 277 AFFIDAVIT of Adrian Jjuuko in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A)(Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 278 AFFIDAVIT of Gaetano Kagwa in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 279 AFFIDAVIT of Kapya Kaoma in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A)(Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 280 AFFIDAVIT of Richard Lusimbo in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 281 AFFIDAVIT of Frank Mugisha in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 282 AFFIDAVIT of Jackson Mukasa in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 283 AFFIDAVIT of Kim Mukisa in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 284 AFFIDAVIT of Jay Mulucha in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Sullivan, Mark) (Main Document 284 replaced on 8/9/2016 with a darker image of the affidavit) (Finn, Mary). Modified on 8/9/2016 (Finn, Mary). (Entered: 08/08/2016)
08/08/2016 285 AFFIDAVIT of Brian Nkoyooyo in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 286 AFFIDAVIT of Sandra Ntebi in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 287 AFFIDAVIT of Katherine Roubos in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A)(Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 288 AFFIDAVIT of Warry Ssenfuka in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 289 AFFIDAVIT of Sylvia Tamale in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 290 AFFIDAVIT of Witness X in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 291 AFFIDAVIT of Pepe Onziema in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Sullivan, Mark) (Entered: 08/08/2016)
08/08/2016 292 MEMORANDUM in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Sullivan, Mark) (Main Document 292 replaced on 8/9/2016 with correct captioned document – re: leave granted on 8/9/2016 added) (Finn, Mary). Modified on 8/9/2016 (Finn, Mary). (Entered: 08/08/2016)
08/08/2016 293 AFFIDAVIT of Mark S. Sullivan in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24 Part 1, # 25 Exhibit 24 Part 2, # 26 Exhibit 24 Part 3, # 27 Exhibit 24 Part 4, # 28 Exhibit 24 Part 5, # 29 Exhibit 25, # 30 Exhibit 26, # 31 Exhibit 27, # 32 Exhibit 28, # 33 Exhibit 29, # 34 Exhibit 30, # 35 Exhibit 31, # 36 Exhibit 32, # 37 Exhibit 33, # 38 Exhibit 34, # 39 Exhibit 35, # 40 Exhibit 36, # 41 Exhibit 37, # 42 Exhibit 38, # 43 Exhibit 39, # 44 Exhibit 40, # 45 Exhibit 41, # 46 Exhibit 42, # 47 Exhibit 43, # 48 Exhibit 44, # 49 Exhibit 45, # 50 Exhibit 46, # 51 Exhibit 47, # 52 Exhibit 48, # 53 Exhibit 49, # 54 Exhibit 50, # 55 Exhibit 51, # 56 Exhibit 52, # 57 Exhibit 53, # 58 Exhibit 54, # 59 Exhibit 55 Part 1, # 60 Exhibit 55 Part 2, # 61 Exhibit 55 Part 3, # 62 Exhibit 56, # 63 Exhibit 57, # 64 Exhibit 58, # 65 Exhibit 59, # 66 Exhibit 60, # 67 Exhibit 61, # 68 Exhibit 62, # 69 Exhibit 63, # 70 Exhibit 64, # 71 Exhibit 65, # 72 Exhibit 66, # 73 Exhibit 67, # 74 Exhibit 68, # 75 Exhibit 69, # 76 Exhibit 70 Part 1, # 77 Exhibit 70 Part 2, # 78 Exhibit 70 Part 3, # 79 Exhibit 71, # 80 Exhibit 72, # 81 Exhibit 73, # 82 Exhibit 74, # 83 Exhibit 75, # 84 Exhibit 76, # 85 Exhibit 77, # 86 Exhibit 78, # 87 Exhibit 79, # 88 Exhibit 80, # 89 Exhibit 81, # 90 Exhibit 82, # 91 Exhibit 83, # 92 Exhibit 84, # 93 Exhibit 85, # 94 Exhibit 86, # 95 Exhibit 87, # 96 Exhibit 88, # 97 Exhibit 89 Part 1, # 98 Exhibit 89 Part 2, # 99 Exhibit 90, # 100 Exhibit 91, # 101 Exhibit 92, # 102 Exhibit 93, # 103 Exhibit 94, # 104 Exhibit 95, # 105 Exhibit 96, # 106 Exhibit 97, # 107 Exhibit 98, # 108 Exhibit 99, # 109 Exhibit 100, # 110 Exhibit 101, # 111 Exhibit 102, # 112 Exhibit 103, # 113 Exhibit 104, # 114 Exhibit 105, # 115 Exhibit 106, # 116 Exhibit 107, # 117 Exhibit 108, # 118 Exhibit 109, # 119 Exhibit 110, # 120 Exhibit 111, # 121 Exhibit 112, # 122 Exhibit 113, # 123 Exhibit 114, # 124 Exhibit 115, # 125 Exhibit 116, # 126 Exhibit 117, # 127 Exhibit 118, # 128 Exhibit 119, # 129 Exhibit 120, # 130 Exhibit 121, # 131 Exhibit 122, # 132 Exhibit 123, # 133 Exhibit 124, # 134 Exhibit 125, # 135 Exhibit 126, # 136 Exhibit 127, # 137 Exhibit 128, # 138 Exhibit 129, # 139 Exhibit 130, # 140 Exhibit 131, # 141 Exhibit 132, # 142 Exhibit 133, # 143 Exhibit 134, # 144 Exhibit 135, # 145 Exhibit 136, # 146 Exhibit 137 Part 1, # 147 Exhibit 137 Part 2, # 148 Exhibit 137 Part 3, # 149 Exhibit 137 Part 4, # 150 Exhibit 138, # 151 Exhibit 139, # 152 Exhibit 140, # 153 Exhibit 141, # 154 Exhibit 142, # 155 Exhibit 143, # 156 Exhibit 144, # 157 Exhibit 145, # 158 Exhibit 146, # 159 Exhibit 147, # 160 Exhibit 148, # 161 Exhibit 149, # 162 Exhibit 150, # 163 Exhibit 151, # 164 Exhibit 152, # 165 Exhibit 153, # 166 Exhibit 154, # 167 Exhibit 155, # 168 Exhibit 156, # 169 Exhibit 157, # 170 Exhibit 158, # 171 Exhibit 159, # 172 Exhibit 160, # 173 Exhibit 161, # 174 Exhibit 162, # 175 Exhibit 163, # 176 Exhibit 164, # 177 Exhibit 165, # 178 Exhibit 166, # 179 Exhibit 167, # 180 Exhibit 168, # 181 Exhibit 169, # 182 Exhibit 170, # 183 Exhibit 171, # 184 Exhibit 172, # 185 Exhibit 173, # 186 Exhibit 174, # 187 Exhibit 175, # 188 Exhibit 176, # 189 Exhibit 177, # 190 Exhibit 178, # 191 Exhibit 179, # 192 Exhibit 180, # 193 Exhibit 181, # 194 Exhibit 182, # 195 Exhibit 183, # 196 Exhibit 184, # 197 Exhibit 185, # 198 Exhibit 186, # 199 Exhibit 187, # 200 Exhibit 188, # 201 Exhibit 189, # 202 Exhibit 190, # 203 Exhibit 191, # 204 Exhibit 192, # 205 Exhibit 193, # 206 Exhibit 194, # 207 Exhibit 195 Part 1, # 208 Exhibit 195 Part 2, # 209 Exhibit 195 Part 3, # 210 Exhibit 196 Part 1, # 211 Exhibit 196 Part 2, # 212 Exhibit 197, # 213 Exhibit 198, # 214 Exhibit 199, # 215 Exhibit 200, # 216 Exhibit 201, # 217 Exhibit 202, # 218 Exhibit 203, # 219 Exhibit 204, # 220 Exhibit 205, # 221 Exhibit 206, # 222 Exhibit 207, # 223 Exhibit 208, # 224 Exhibit 209, # 225 Exhibit 210, # 226 Exhibit 211, # 227 Exhibit 212)(Sullivan, Mark) (Entered: 08/08/2016)
08/09/2016 294 ELECTRONIC NOTICE issued requesting courtesy copy for 293 Affidavit in Opposition to Motion for S/J and supporting exhibits. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk’s Office by Monday, August 15, 2016. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Finn, Mary) (Entered: 08/09/2016)
08/09/2016 295 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting 269 Motion for Leave to File Memorandum With Excess Pages. 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. (Robertson, Katherine) (Entered: 08/09/2016)
08/09/2016 296 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Sexual Minorities Uganda re 280 Affidavit in Opposition to Motion, 279 Affidavit in Opposition to Motion, 285 Affidavit in Opposition to Motion, 282 Affidavit in Opposition to Motion, 274 Affidavit in Opposition to Motion, 271 Affidavit in Opposition to Motion, 275 Affidavit in Opposition to Motion, 270 Statement of Material Facts L.R. 56.1, 276 Affidavit in Opposition to Motion, 288 Affidavit in Opposition to Motion, 283 Affidavit in Opposition to Motion, 293 Affidavit in Opposition to Motion,,,,,,,,,,,,,,,,,,, 272 Affidavit in Opposition to Motion, 289 Affidavit in Opposition to Motion, 292 Memorandum in Opposition to Motion, 286 Affidavit in Opposition to Motion, 290 Affidavit in Opposition to Motion, 277 Affidavit in Opposition to Motion, 281 Affidavit in Opposition to Motion, 273 Affidavit in Opposition to Motion, 287 Affidavit in Opposition to Motion, 278 Affidavit in Opposition to Motion, 291 Affidavit in Opposition to Motion, 284 Affidavit in Opposition to Motion . (Sullivan, Mark) (Entered: 08/09/2016)
08/12/2016 297 Remark: Courtesy copy received this date. Stored in Clerks Office file room. (Figueroa, Tamara) (Entered: 08/12/2016)
08/16/2016 298 ELECTRONIC NOTICE Resetting Hearing on 248 MOTION for Summary Judgment ISSUED. The Motion Hearing originally set for September 14, 2016 is moved to October 5, 2016 at 11:00 AM in Hampden Courtroom before Judge Michael A. Ponsor. (Healy, Bethaney) (Entered: 08/16/2016)
08/22/2016 299 RESPONSE to Motion re 266 MOTION to Retain Confidentiality Designation filed by Scott Lively. (Gannam, Roger) (Entered: 08/22/2016)
08/24/2016 300 MOTION for Extension of Time to August 31, 2016 to File Response/Reply on Summary Judgment by Scott Lively.(Mihet, Horatio) (Entered: 08/24/2016)
08/25/2016 301 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 300 Motion for Extension of Time to August 31, 2016 to File Summary Judgment Reply Brief and Request for Expedited Consideration. ALLOWED. Reply Brief due by 8/31/2016. (Lindsay, Maurice) (Entered: 08/25/2016)
08/31/2016 302 Final MOTION for Extension of Time to (24-hours) September 1, 2016 to File Response/Reply on Summary Judgment by Scott Lively.(Mihet, Horatio) (Entered: 08/31/2016)
08/31/2016 303 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 302 Motion for 24 hours Extension of Time to File Response/Reply. ALLOWED. Responses due by 9/1/2016. (Lindsay, Maurice) (Entered: 08/31/2016)
09/01/2016 304 MOTION for Leave to File Excess Pages for Reply Memorandum of Law in Support of Motion for Summary Judgment by Scott Lively.(Gannam, Roger) (Entered: 09/01/2016)
09/01/2016 305 REPLY to Response to 248 MOTION for Summary Judgment MOTION for Hearing filed by Scott Lively. (Gannam, Roger) (Entered: 09/01/2016)
09/01/2016 306 DECLARATION re 248 MOTION for Summary Judgment MOTION for Hearing of Roger K. Gannam by Scott Lively. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6 Part 1 of 4, # 7 Exhibit 6 Part 2 of 4, # 8 Exhibit 6 Part 3 of 4, # 9 Exhibit 6 Part 4 of 4, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9)(Gannam, Roger) (Entered: 09/01/2016)
09/02/2016 307 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 304 Motion for Leave to File Excess Pages; ALLOWED. 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. (Lindsay, Maurice) (Entered: 09/02/2016)
09/02/2016 308 Notice of correction to docket made by Court staff. The reply to response (Dkt. No. 305) was filed prematurely without approval of the motion for leave to file it (Dkt. No. 304). The CM/ECF procedures requires that the documents for which leave to file is requested should only be filed after leave to file is granted. (Lindsay, Maurice) (Entered: 09/02/2016)
09/02/2016 309 ELECTRONIC NOTICE issued requesting courtesy copy for 305 Reply to Response to Motion, 306 Declaration and supporting exhibits. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk’s Office by Thursday, September 8, 2016. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. . (Finn, Mary) (Entered: 09/02/2016)
09/08/2016 310  Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered finding as moot 266 Plaintiff’s Motion to Retain Confidentiality Designation as to Exhibit A-1 to Plaintiff’s Sixth Supplemental Responses to Defendant’s First Set of Interrogatories in view of defendant’s agreement to withdraw at this time his objection to plaintiff’s confidentiality designation of the exhibit at issue. (Robertson, Katherine) (Entered: 09/08/2016)
09/09/2016 311 MOTION for Leave to File a Sur-Reply in Further Opposition to Defendant’s Motion for Summary Judgment by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A)(Spees, Pamela) (Entered: 09/09/2016)
09/13/2016 312 ELECTRONIC NOTICE Resetting Hearing on 248 MOTION for Summary Judgment, ISSUED. The Motion Hearing originally set for October 5, 2016 is moved to November 9, 2016 at 11:00 AM in Hampden Courtroom before Judge Michael A. Ponsor. (Healy, Bethaney) (Entered: 09/13/2016)
09/14/2016 313 MEMORANDUM in Opposition re 311 MOTION for Leave to File a Sur-Reply in Further Opposition to Defendant’s Motion for Summary Judgment filed by Scott Lively. (Gannam, Roger) (Entered: 09/14/2016)
09/15/2016 314 Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 311 Plaintiff’s Motion for Leave to File Sur-Reply. 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. (Healy, Bethaney) (Entered: 09/15/2016)
09/15/2016 315 SUR-REPLY to Motion re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Attachments: # 1 Affidavit of Pamela Spees w Exhibit 1)(Spees, Pamela) (Entered: 09/15/2016)
10/25/2016 316 MOTION for Leave to File Omitted Exhibits Referenced in its Rule 56.1 Statement and an Errata Correcting Citations in its Rule 56.1 Statement by Sexual Minorities Uganda.(McNeely, Kaleb) (Entered: 10/25/2016)
10/25/2016 317 DECLARATION re 316 MOTION for Leave to File Omitted Exhibits Referenced in its Rule 56.1 Statement and an Errata Correcting Citations in its Rule 56.1 Statement by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(McNeely, Kaleb) (Entered: 10/25/2016)
10/26/2016 318 MEMORANDUM in Opposition re 316 MOTION for Leave to File Omitted Exhibits Referenced in its Rule 56.1 Statement and an Errata Correcting Citations in its Rule 56.1 Statement filed by Scott Lively. (Gannam, Roger) (Entered: 10/26/2016)
10/27/2016 319 Judge Michael A. Ponsor: ENDORSED ORDER entered granting 316 Motion for Leave to File Omitted Exhibits Referenced in its Rule 56.1 Statement and an Errata Correcting Citations in its Rule 56.1 Statement; ALLOWED. If this ruling prejudices Defendant significantly, Defendant may move to file a limited supplemental opposition. So ordered. 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. (Lindsay, Maurice) (Entered: 10/27/2016)
10/27/2016 320 AFFIDAVIT in Opposition re 248 MOTION for Summary Judgment MOTION for Hearing filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F – Errata)(Spees, Pamela) (Entered: 10/27/2016)
11/07/2016 321 Judge Michael A. Ponsor: ORDER entered. ORDER REGARDING ORAL ARGUMENT. See the attached order for details. (Lindsay, Maurice) (Entered: 11/07/2016)
11/09/2016 322 Electronic Clerk’s Notes for proceedings held before Judge Michael A. Ponsor: Counsel appear for Motion Hearing held on 11/9/2016 re 248 MOTION for Summary Judgment filed by Scott Lively. Arguments heard. Matter taken under advisement. (Court Reporter: Alice Moran atalice.moran@verizon.net.) (Healy, Bethaney) (Entered: 11/09/2016)
11/15/2016 323 Emergency MOTION for Hearing ON PLAINTIFFS FORTHCOMING MOTION FOR LEAVE TO FILE POST-HEARING BRIEF by Scott Lively. (Attachments: # 1 Exhibit A)(Gannam, Roger) (Entered: 11/15/2016)
11/15/2016 324 Opposition re 323 Emergency MOTION for Hearing ON PLAINTIFFS FORTHCOMING MOTION FOR LEAVE TO FILE POST-HEARING BRIEF and Cross-Motion for Leave to File filed by Sexual Minorities Uganda. (Attachments: # 1 Exhibit A)(Spees, Pamela) (Entered: 11/15/2016)
11/17/2016 325 Opposition re 323 Emergency MOTION for Hearing ON PLAINTIFFS FORTHCOMING MOTION FOR LEAVE TO FILE POST-HEARING BRIEF (Opposition to Plaintiff’s Cross-Motion for Leave to File 324 ) filed by Scott Lively. (Gannam, Roger) (Entered: 11/17/2016)
11/17/2016 326 Judge Michael A. Ponsor: ENDORSED ORDER entered. granting 324 Opposition to Emergency Motion and Cross-Motion for leave to file post-hearing Memo. ALLOWED. The court will consider Exhibit A & B. (Lindsay, Maurice) (Entered: 11/17/2016)
11/17/2016 327 Judge Michael A. Ponsor: ENDORSED ORDER entered denying 323 Emergency Motion for Telephone Hearing. DENIED. However, Defendant may submit a response of no more than 10 pages, plus exhibits, on or before Dec. 2, 2016, if he wishes. So ordered. (Lindsay, Maurice) (Entered: 11/17/2016)
11/29/2016 328 Transcript of Motion for Summary Judgment Hearing held on November 9, 2016, before Judge Michael A. Ponsor. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at alice.moran@verizon.net Redaction Request due 12/20/2016. Redacted Transcript Deadline set for 12/30/2016. Release of Transcript Restriction set for 2/27/2017. (Scalfani, Deborah) (Entered: 11/29/2016)
11/29/2016 329 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court’s Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 11/29/2016)
12/01/2016 330 Consent MOTION for Extension of Time to December 8, 2016 to File Response/Reply to Post-hearing Brief by Scott Lively.(Mihet, Horatio) (Entered: 12/01/2016)
12/02/2016 331 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 330 Motion for Extension of Time to File Response to Plaintiff’s Post-Hearing Brief and Request for Expedited Consideration. ALLOWED. Responses due by 12/8/2016. (Lindsay, Maurice) (Entered: 12/02/2016)
12/08/2016 332 Supplemental MEMORANDUM in Support re 248 MOTION for Summary Judgment MOTION for Hearing (Response to Plaintiff’s Post-Hearing Memorandum on Summary Judgment) filed by Scott Lively. (Mihet, Horatio) (Entered: 12/08/2016)
03/31/2017 333 MOTION to Dismiss SMUG’S STATE LAW CLAIMS PURSUANT TO THE MASSACHUSETTS ANTI-SLAPP STATUTE by Scott Lively.(Gannam, Roger)
03/31/2017 334 MEMORANDUM in Support re 333 MOTION to Dismiss SMUG’S STATE LAW CLAIMS PURSUANT TO THE MASSACHUSETTS ANTI-SLAPP STATUTE filed by Scott Lively. (Gannam, Roger) (Entered: 03/31/2017)
04/10/2017 335 Consent MOTION for Extension of Time to April 24, 2017 to File Response/Reply as to [333] MOTION to Dismiss SMUG’S STATE LAW CLAIMS PURSUANT TO THE MASSACHUSETTS ANTI-SLAPP STATUTE by Sexual Minorities Uganda.(McNeely, Kaleb)
04/11/2017 336 Judge Michael A. Ponsor: ENDORSED ORDER entered granting [335] Motion for Extension of Time to April 24, 2017 to File Response/Reply. ALLOWED. Responses due by 4/24/2017. (Lindsay, Maurice)
04/24/2017 337 RESPONSE to Motion re [333] MOTION to Dismiss SMUG’S STATE LAW CLAIMS PURSUANT TO THE MASSACHUSETTS ANTI-SLAPP STATUTE filed by Sexual Minorities Uganda. (Attachments: # (1) Exhibit)(Spees, Pamela)
04/26/2017 338 MOTION for Leave to File Corrected Memorandum by Sexual Minorities Uganda. (Attachments: # (1) Exhibit A)(Spees, Pamela)

Last updated 04/26/2017