Case: Courtemanche v. Motorola Solutions, Inc.

Courtemanche et al. v. Motorola Solutions, Inc. et al.

Courtemanche v. Motorola

COMPLAINT against All Defendants Filing fee: $ 405, receipt number AMADC-10282151 (Fee Status: Filing Fee paid), filed by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams. (Attachments: # 1 complaint)(O'Connor, James) Modified text on 2/23/2024 (Barrows, Jennifer). (Entered: 02/22/2024)

NOTICE of Appearance by Christopher R. Batinsey on behalf of Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams (Batinsey, Christopher) (Entered: 02/22/2024)

NOTICE of Case Assignment. Magistrate Judge David H. Hennessy 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. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Barrows, Jennifer) (Entered: 02/23/2024)

ELECTRONIC NOTICE TO COUNSEL: re 1 Complaint. Counsel shall complete and file in PDF format a Civil Cover Sheet and Category Form. The forms can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (Barrows, Jennifer) (Entered: 02/23/2024)

Summons Issued as to All Defendants. 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. (Barrows, Jennifer) (Entered: 02/23/2024)

Civil Cover Sheet & Category Sheet by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams. (O'Connor, James) (Entered: 02/23/2024)

Notice - Other

Notice of Case Assignment to a Magistrate Judge

NOTICE of Appearance by Christopher J. Walton on behalf of Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams (Walton, Christopher) (Entered: 02/28/2024)

AMENDED COMPLAINT (First) against All Defendants, filed by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(O'Connor, James) (Entered: 04/17/2024)

Summons Issued as to Callyo 2009 Corp., SHI International Corp.. 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. (Barrows, Jennifer) (Entered: 04/19/2024)

WAIVER OF SERVICE Returned Executed by Juan Rios, Brett Foresman, Jason Courtemanche, Dennis Williams. Callyo 2009 Corp. waiver sent on 4/26/2024, answer due 6/25/2024. (O'Connor, James) (Entered: 04/30/2024)

WAIVER OF SERVICE Returned Executed by Juan Rios, Brett Foresman, Jason Courtemanche, Dennis Williams. Motorola Solutions, Inc. waiver sent on 4/26/2024, answer due 6/25/2024. (O'Connor, James) (Entered: 04/30/2024)

Refusal to Consent to Proceed Before a US Magistrate Judge. . (O'Connor, James) (Entered: 04/30/2024)

ELECTRONIC NOTICE of Case Reassignment. District Judge Margaret R. Guzman assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (Burgos, Sandra) (Entered: 04/30/2024)

WAIVER OF SERVICE Returned Executed by Juan Rios, Brett Foresman, Jason Courtemanche, Dennis Williams. SHI International Corp. waiver sent on 4/24/2024, answer due 6/24/2024. (Batinsey, Christopher) (Entered: 04/30/2024)

Notice of Case Assignment

NOTICE of Appearance by Howard M. Cooper on behalf of Callyo 2009 Corp., Motorola Solutions, Inc. (Cooper, Howard) (Entered: 05/02/2024)

NOTICE of Appearance by Alycia M. Kennedy on behalf of Callyo 2009 Corp., Motorola Solutions, Inc. (Kennedy, Alycia) (Entered: 05/02/2024)

Assented to MOTION for Extension of Time to Respond to Plaintiffs' First Amended Complaint and Demand for Jury Trial by Callyo 2009 Corp., Motorola Solutions, Inc..(Cooper, Howard) Modified on 5/3/2024 (Castles, Martin). (Entered: 05/02/2024)

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 17 Motion for Extension of Time to Answer. Callyo 2009 Corp. answer due 6/28/2024; Motorola Solutions, Inc. answer due 6/28/2024. (Castles, Martin) (Entered: 05/03/2024)

Order on Motion for Extension of Time to Answer

WAIVER OF SERVICE Returned Executed by Juan Rios, Brett Foresman, Jason Courtemanche, Dennis Williams. John E Mawn, Jr waiver sent on 4/17/2024, answer due 6/17/2024. (Batinsey, Christopher) (Entered: 05/06/2024)

MOTION for Entry of Default against Defendant Colonel J. Mawn, Jr., in his official capacity as Interim Superintendent of the Massachusetts State Police by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams. (Attachments: # 1 Affidavit Affidavit of Counsel)(O'Connor, James) (Entered: 06/20/2024)

Supplemental Certificate of Service by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams. Amendment to 20 MOTION for Entry of Default against Defendant Colonel J. Mawn, Jr., in his official capacity as Interim Superintendent of the Massachusetts State Police Supplemental Certificate of Service. (O'Connor, James) Modified text on 6/26/2024 (Barrows, Jennifer). (Entered: 06/25/2024)

NOTICE of Appearance by Siobhan E. Kelly on behalf of John E Mawn, Jr (Kelly, Siobhan) (Entered: 06/25/2024)

First MOTION for Extension of Time to August 26, 2024 to File Response/Reply to First Amended Complaint by John E Mawn, Jr.(Kelly, Siobhan) Modified on 6/26/2024 (Castles, Martin). (Entered: 06/25/2024)

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 23 Motion for Extension of Time to Answer. John E Mawn, Jr answer due 8/26/2024. (Castles, Martin) (Entered: 06/26/2024)

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered finding as moot 20 Motion for Entry of Default. (Castles, Martin) (Entered: 06/26/2024)

Order on Motion for Extension of Time to Answer

Order on Motion for Entry of Default

NOTICE of Appearance by Jonathan D. Persky on behalf of SHI International Corp. (Persky, Jonathan) (Entered: 06/28/2024)

CORPORATE DISCLOSURE STATEMENT by SHI International Corp.. (Persky, Jonathan) (Entered: 06/28/2024)

NOTICE of Appearance by David C. Kurtz on behalf of SHI International Corp. (Kurtz, David) (Entered: 06/28/2024)

MOTION to Dismiss First Amended Complaint by Callyo 2009 Corp., Motorola Solutions, Inc..(Cooper, Howard) (Entered: 06/28/2024)

MEMORANDUM in Support re 29 MOTION to Dismiss First Amended Complaint filed by Callyo 2009 Corp., Motorola Solutions, Inc.. (Cooper, Howard) (Entered: 06/28/2024)

MOTION to Dismiss by SHI International Corp..(Persky, Jonathan) (Entered: 06/28/2024)

MEMORANDUM in Support re 31 MOTION to Dismiss filed by SHI International Corp.. (Persky, Jonathan) (Entered: 06/28/2024)

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Michael Kim Krouse, Esq. Filing fee: $ 125, receipt number AMADC-10489495 by Callyo 2009 Corp., Motorola Solutions, Inc.. (Attachments: # 1 Affidavit Affidavit)(Cooper, Howard) (Entered: 07/02/2024)

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Lori B. Leskin, Esq. Filing fee: $ 125, receipt number AMADC-10489554 by Callyo 2009 Corp., Motorola Solutions, Inc.. (Attachments: # 1 Affidavit Affidavit)(Cooper, Howard) (Entered: 07/02/2024)

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 33 Motion for Leave to Appear Pro Hac Vice Added Michael Kim Krouse, Esq.. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Barrows, Jennifer) (Entered: 07/02/2024)

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 34 Motion for Leave to Appear Pro Hac Vice Added Lori B. Leskin, Esq.. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Barrows, Jennifer) (Entered: 07/02/2024)

Order on Motion for Leave to Appear

Assented to MOTION for Extension of Time to August 30, 2024 to File Response/Reply as to 31 MOTION to Dismiss by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(O'Connor, James) (Entered: 07/08/2024)

CORPORATE DISCLOSURE STATEMENT by Callyo 2009 Corp., Motorola Solutions, Inc.. (Cooper, Howard) (Entered: 07/08/2024)

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 37 Motion for Extension of Time to File Response as to 31 MOTION to Dismiss and 29 MOTION to Dismiss First Amended Complaint. Responses due by 8/30/2024. (Castles, Martin) (Entered: 07/09/2024)

Order on Motion for Extension of Time to File Response/Reply

Joint MOTION for Extension of Time to August 30, 2024 to File Response/Reply as to 29 MOTION to Dismiss First Amended Complaint and for any Reply to Plaintiff's Opposition to September 30, 2024 by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(O'Connor, James) (Entered: 07/11/2024)

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 40 Motion for Extension of Time to File Response/Reply re 29 MOTION to Dismiss First Amended Complaint. Response due by 8/30/2024, Reply due by 9/30/2024. (Castles, Martin) (Entered: 07/11/2024)

Order on Motion for Extension of Time to File Response/Reply

NOTICE of Limited Appearance by Keith Andrew Paquette on behalf of John E Mawn, Jr (Paquette, Keith) Modified on 8/26/2024 (Barrows, Jennifer). (Entered: 08/23/2024)

Second MOTION for Extension of Time to October 25, 2024 to File Answer to Plaintiff's First Amended Complaint and Demand for Jury Trial by John E Mawn, Jr.(Paquette, Keith) (Entered: 08/23/2024)

MOTION for Discovery by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(Batinsey, Christopher) (Entered: 08/25/2024)

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 43 Motion for Extension of Time to October 25, 2024 by John E. Mawn, Jr.to File Answer. Answer to Plaintiff's First Amended Complaint due 10/25/2024. (Frisch, Suzanne) (Entered: 08/27/2024)

Order on Motion for Extension of Time to Answer

Opposition re 31 MOTION to Dismiss filed by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams. (O'Connor, James) (Entered: 08/30/2024)

Opposition re 29 MOTION to Dismiss First Amended Complaint filed by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams. (O'Connor, James) (Entered: 08/30/2024)

MEMORANDUM in Opposition re 44 MOTION for Discovery filed by Callyo 2009 Corp., Motorola Solutions, Inc.. (Cooper, Howard) (Entered: 09/09/2024)

REPLY to Response to 29 MOTION to Dismiss First Amended Complaint filed by Callyo 2009 Corp., Motorola Solutions, Inc.. (Cooper, Howard) (Entered: 09/30/2024)

REPLY to Response to 31 MOTION to Dismiss filed by SHI International Corp.. (Persky, Jonathan) (Entered: 09/30/2024)

NOTICE of Appearance by Jeffrey T. Collins on behalf of John E Mawn, Jr (Collins, Jeffrey) (Entered: 10/25/2024)

NOTICE of Appearance by Robert Papandrea on behalf of John E Mawn, Jr (Papandrea, Robert) (Entered: 10/25/2024)

MOTION to Dismiss by John E Mawn, Jr.(Collins, Jeffrey) (Entered: 10/25/2024)

MEMORANDUM in Support re 53 MOTION to Dismiss filed by John E Mawn, Jr. (Collins, Jeffrey) (Entered: 10/25/2024)

MOTION for Extension of Time to December 2, 2024 to File Response/Reply as to 53 MOTION to Dismiss by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(O'Connor, James) (Entered: 10/29/2024)

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 55 Motion for Extension of Time to File Response/Reply as to 53 MOTION to Dismiss. Responses due by 12/2/2024. (Frisch, Suzanne) (Entered: 11/19/2024)

Order on Motion for Extension of Time to File Response/Reply

Opposition re 53 MOTION to Dismiss filed by Jason Courtemanche, Juan Rios, Dennis Williams. (Attachments: # 1 Exhibit October 15, 2024 Order and Docket Report, # 2 Exhibit March 6, 2024 Order and Findings Pursuant to Motion to Dismiss, # 3 Exhibit July 08, 2024 Decision and Order)(Batinsey, Christopher) (Entered: 11/27/2024)

ELECTRONIC NOTICE Setting Hearing on Motion 29 MOTION to Dismiss First Amended Complaint by Callyo 2009 Corp, Motorola Solutions, Inc, 31 MOTION to Dismiss by SHI International Corp, 53 MOTION to Dismiss by John E Mawn, Jr. Motion Hearing set for 1/22/2025 at 10:00 AM in Courtroom 2 - Worcester (in person only) before District Judge Margaret R. Guzman. (Frisch, Suzanne) (Entered: 12/11/2024)

Notice Setting or Resetting Hearing on Motion

MOTION for Leave to File Reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss by John E Mawn, Jr.(Collins, Jeffrey) (Entered: 12/12/2024)

NOTICE of Appearance by Michael Kim Krouse on behalf of Callyo 2009 Corp., Motorola Solutions, Inc. (Krouse, Michael) (Entered: 12/12/2024)

NOTICE of Appearance by Lori B. Leskin on behalf of Callyo 2009 Corp., Motorola Solutions, Inc. (Leskin, Lori) (Entered: 12/12/2024)

District Judge Margaret R. Guzman: ORDER entered. MEMORANDUM AND ORDER denying 44 Motion for Discovery. (Frisch, Suzanne) (Entered: 12/13/2024)

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 59 Motion for Leave to File Reply to Plaintiffs' Opposition. 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 December 13, 2024 - in the caption of the document. (Frisch, Suzanne) (Entered: 12/13/2024)

Order on Motion for Leave to File Document

REPLY to Response to 53 MOTION to Dismiss the First Amended Complaint filed by John E Mawn, Jr. (Collins, Jeffrey) (Entered: 12/16/2024)

Assented to MOTION to Continue by Callyo 2009 Corp., Motorola Solutions, Inc..(Cooper, Howard) (Entered: 12/19/2024)

ELECTRONIC NOTICE Canceling Hearing. The Court will decide the motion on the papers. (SF) (Entered: 01/10/2025)

Notice Cancelling Hearing

ELECTRONIC NOTICE Setting Hearing on 29 MOTION to Dismiss First Amended Complaint, 53 MOTION to Dismiss, 31 MOTION to Dismiss: Motion Hearing set for 2/28/2025 at 11:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Margaret R. Guzman. (SF) (Entered: 01/15/2025)

Notice Setting or Resetting Hearing on Motion

District Judge Margaret R. Guzman: ORDER entered. MEMORANDUM AND ORDER granting 31 SHI'S Motion to Dismiss. For the foregoing reasons, SHI's Motion to Dismiss is GRANTED. As SHI is no longer a party, it relieved of any obligation to attend the motion hearing on 2/28/25. (SF) (Entered: 02/27/2025)

Electronic Clerk's Notes for proceedings held before District Judge Margaret R. Guzman: Motion Hearing held on 2/28/2025 re 29 MOTION to Dismiss filed by Motorola Solutions, Inc., Callyo 2009 Corp. and 53 MOTION to Dismiss filed by John E Mawn. Case called. Counsel appear for motion hearing. Court hears argument from counsel and takes motions under advisement. (Court Reporter: Jessica Leonard at jessicamichaelleonard@gmail.com) (Attorneys present: O'Connor, Battinsey, Walton, Cooper, Collins, Papandrea) (SF) (Entered: 02/28/2025)

Motion Hearing AND Order on Motion to Dismiss AND Order on Motion to Dismiss

Transcript of Motion Hearing held on February 28, 2025, before Judge Margaret R. Guzman. 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: Jessica Leonard at jessicamichaelleonard@gmail.com. Redaction Request due 4/14/2025. Redacted Transcript Deadline set for 4/24/2025. Release of Transcript Restriction set for 6/23/2025. (DRK) (Entered: 03/24/2025)

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 https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 03/24/2025)

Notice of Filing of Official Transcript

District Judge Margaret R. Guzman: ORDER entered. MEMORANDUM AND ORDER. For the foregoing reasons, Defendants' Motions to Dismiss are GRANTED IN PART and DENIED IN PART as follows: Defendants Motorola and Callyo's Motion to Dismiss 29 is GRANTED as to Counts I, III, and V and DENIED as to Counts II, IV and VII; Noble/MSPs Motion to Dismiss 53 is DENIED as to Count IX and DENIED AS MOOT as to Count VIII. SO ORDERED. (SF) (Entered: 03/28/2025)

NOTICE of Change of Address or Firm Name by James L. O'Connor, Jr (O'Connor, James) (Entered: 04/02/2025)

NOTICE of Change of Address or Firm Name by Robert Papandrea (Papandrea, Robert) (Entered: 04/09/2025)

NOTICE OF APPEAL as to 72 Order on Motion to Dismiss,, Order on Motion to Continue,,, by John E Mawn, Jr. Filing fee: $ 605, receipt number AMADC-10961339 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 5/8/2025. (Collins, Jeffrey) (Entered: 04/18/2025)

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 75 Notice of Appeal. (MAP) (Entered: 04/18/2025)

MOTION for Entry of Default COLONEL GEOFFREY D. NOBLE Superintendent of the Massachusetts State Police, in his official capacity by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(Batinsey, Christopher) (Entered: 04/21/2025)

MOTION for Entry of Default against Defendants MOTOROLA SOLUTIONS INC. AND CALLYO 2009 CORP. by Jason Courtemanche, Brett Foresman, Juan Rios, Dennis Williams.(Batinsey, Christopher) (Entered: 04/21/2025)

USCA Case Number 25-1386 for 75 Notice of Appeal, filed by John E Mawn, Jr. (MAP) (Entered: 04/21/2025)

USCA Case Number

Opposition re 77 MOTION for Entry of Default COLONEL GEOFFREY D. NOBLE Superintendent of the Massachusetts State Police, in his official capacity filed by John E Mawn, Jr. (Attachments: # 1 Exhibit A. Email Correspondence)(Collins, Jeffrey) (Entered: 04/22/2025)

Assented to MOTION for Extension of Time to April 28, 2025 to File Answer re 8 Amended Complaint by Callyo 2009 Corp., Motorola Solutions, Inc..(Cooper, Howard) (Entered: 04/23/2025)

District Judge Margaret R. Guzman: ELECTRONIC ORDER entered finding as moot 78 Motion for Entry of Default against Defendants Motorola Solutions, Inc. and Callyo 2009 Corp; granting 81 Motion for Extension of Time to Answer; Callyo 2009 Corp. answer due 4/28/2025; Motorola Solutions, Inc. answer due 4/28/2025. (LB) (Entered: 04/25/2025)