Melone v. Coit, et al

23-1736 | U.S. Court of Appeals, First Circuit

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Filed Sept. 8, 2023
Terminated April 25, 2024
Nature of Suit 2899 Other Statutes
Original Case 1:21-cv-11171
Last Updated: 7 months, 1 week ago Show Interactive Timeline
Filing Date # Docket Text
6/18/2024MANDATE issued. [23-1736] (GB) [Entered: 06/18/2024 03:41 AM]
4/25/2024
  • Motion for Judgment
JUDGMENT. Affirmed. [23-1736] (JMK) [Entered: 04/25/2024 12:52 PM]
4/25/2024OPINION issued by William J. Kayatta, Jr., Appellate Judge; Sandra L. Lynch, Appellate Judge and Gustavo A. Gelpi, Jr., Appellate Judge. Published. [23-1736] (JMK) [Entered: 04/25/2024 12:50 PM]
4/23/2024CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellee Vineyard Wind 1 LLC. Served on 04/23/2024. [23-1736] (JWP) [Entered: 04/23/2024 04:09 PM]
3/5/2024CASE submitted. Panel: William J. Kayatta, Jr., Appellate Judge; Sandra L. Lynch, Appellate Judge; Gustavo A. Gelpi, Jr., Appellate Judge. [23-1736] (DJT) [Entered: 03/05/2024 07:53 AM]
2/22/2024NINE (9) paper copies of sur-reply brief [6622903-2] submitted by Appellees Janet Coit and National Marine Fisheries Service. [23-1736] (NKR) [Entered: 02/22/2024 04:52 PM]
2/16/2024EIGHT (8) paper copies of sur-reply brief [6622904-2] submitted by Appellee Vineyard Wind 1 LLC. [23-1736] (NKR) [Entered: 02/21/2024 12:22 PM]
2/15/2024SUR-REPLY BRIEF filed by Appellee Vineyard Wind 1 LLC. Served on 02/12/2024. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 02/22/2024. [23-1736] (NP) [Entered: 02/15/2024 08:46 AM]
2/15/2024SUR-REPLY BRIEF filed by Appellees Janet Coit and National Marine Fisheries Service. Served on 02/12/2024. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 02/22/2024. [23-1736] (NP) [Entered: 02/15/2024 08:43 AM]
2/12/2024BRIEF tendered by Appellee Vineyard Wind 1 LLC. [23-1736] (JWP) [Entered: 02/12/2024 05:34 PM]
2/12/2024BRIEF tendered by Appellees Janet Coit and National Marine Fisheries Service. [23-1736] CLERK'S NOTE: Party selection was incorrect. Correction made by clerk's office. No further action required. (TH) [Entered: 02/12/2024 02:20 PM]
2/5/2024NINE (9) paper copies of reply brief [6619637-2] submitted by Appellant Thomas Melone. [23-1736] (NKR) [Entered: 02/06/2024 10:41 AM]
1/31/2024
  • Reply
REPLY BRIEF filed by Appellant Thomas Melone. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 02/07/2024. [23-1736] (DK) [Entered: 01/31/2024 05:21 PM]
1/31/2024
  • Order
ORDER entered by William J. Kayatta, Jr., Appellate Judge: In accordance with Fed. R. App. P. 34(a)(2)(C), the above-captioned matter is hereby removed from the Tuesday, March 5, 2024 oral argument calendar. This case shall be submitted for a decision on the briefs without oral argument. Appellees may, if they choose, file sur-reply briefs of no more than 5 pages on or by Monday, February 12, 2024. [23-1736] (DJT) [Entered: 01/31/2024 05:14 PM]
1/31/2024BRIEF tendered by Appellant Thomas Melone. [23-1736] (TM) [Entered: 01/31/2024 11:50 AM]
1/25/2024
  • Response
RESPONSE filed by Appellee Vineyard Wind 1 LLC to [6618109-2]. Served on 01/25/2024. [23-1736] (JWP) [Entered: 01/25/2024 05:40 PM]
1/25/2024
  • Motion
MOTION for leave to appear at oral argument filed by Appellant Thomas Melone. Served on 01/25/2024. [23-1736] (TM) [Entered: 01/25/2024 10:50 AM]
1/23/2024NOTICE of appearance filed by Attorney Peter R. Steenland for Appellee Vineyard Wind 1 LLC. Served on 01/22/2024. [23-1736] (JMK) [Entered: 01/23/2024 04:20 PM]
1/23/2024
  • Motion to FileGranted
ORDER granting motion for leave to file notice of appearance filed by Appellee Vineyard Wind 1 LLC. [23-1736] (JMK) [Entered: 01/23/2024 04:19 PM]
1/22/2024
  • Motion
MOTION requesting leave for Attorney Peter R. Steenland to enter an appearance filed by Appellee Vineyard Wind 1 LLC. Served on 01/22/2024. [23-1736] (JWP) [Entered: 01/22/2024 12:38 PM]
1/21/2024DESIGNATION of attorney presenting oral argument filed by Attorney Thekla Hansen-Young for Not Parties John A. Atilano, II, Bureau of Ocean Energy Management, Gary Frazer, Debra Haaland, US Army Corps of Engineers, US Dept of the Interior, US Fish and Wildlife Service, Martha Williams and Appellees Janet Coit and National Marine Fisheries Service. Served on 01/21/2024. [23-1736] (TH) [Entered: 01/21/2024 09:11 AM]
1/19/2024CASE calendared: This case is presently scheduled to be called for oral argument on Tuesday, March 5, 2024, at 9:30 a.m. in Boston, MA in the En Banc Courtroom at the Moakley Courthouse, 7th Floor. There will be no continuance except for grave cause. Designation form due 02/02/2024. [23-1736] (DJT) [Entered: 01/19/2024 11:13 AM]
1/16/2024NINE (9) paper copies of appellee's brief [6615426-2] submitted by Appellee Vineyard Wind 1 LLC. [23-1736] (NKR) [Entered: 01/16/2024 04:04 PM]
1/11/2024DISCLOSURE statement filed by Appellee Vineyard Wind 1 LLC. Served on 01/10/2024. [23-1736] (NP) [Entered: 01/11/2024 09:44 AM]
1/11/2024APPELLEE'S BRIEF filed by Appellee Vineyard Wind 1 LLC. Served on 01/10/2024. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 01/18/2024. Reply brief due 01/31/2024 for APPELLANT Thomas Melone. [23-1736] (NP) [Entered: 01/11/2024 09:42 AM]
1/10/2024BRIEF tendered by Appellee Vineyard Wind 1 LLC. [23-1736] (JWP) [Entered: 01/10/2024 04:06 PM]
1/9/2024NINE (9) paper copies of appellees' brief [6614082-2] submitted by Appellees Janet Coit and National Marine Fisheries Service. [23-1736] (NKR) [Entered: 01/11/2024 09:52 AM]
1/9/2024FIVE (5) paper copies of appendix [6614212-2] submitted by Appellees Janet Coit and National Marine Fisheries Service. [23-1736] (NKR) [Entered: 01/11/2024 09:26 AM]
1/4/2024SUPPLEMENTAL APPENDIX filed by Appellees Janet Coit and National Marine Fisheries Service. Served on 01/03/2024. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 01/11/2024 [23-1736] (JMK) [Entered: 01/04/2024 02:58 PM]
1/4/2024
  • Motion to File AppendixGranted
ORDER granting motion for leave to file supplemental appendix filed by Appellees National Marine Fisheries Service and Janet Coit. [23-1736] (JMK) [Entered: 01/04/2024 02:56 PM]
1/4/2024APPELLEES' BRIEF filed by Appellees Janet Coit and National Marine Fisheries Service. Served on 01/03/2024. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 01/11/2024. [23-1736] (NP) [Entered: 01/04/2024 09:53 AM]
1/3/2024
  • Motion to File Appendix
MOTION for leave to file supplemental appendix filed by Appellees Janet Coit and National Marine Fisheries Service. Served on 01/03/2024. [23-1736] (TH) [Entered: 01/03/2024 01:30 PM]
1/3/2024BRIEF tendered by Appellees Janet Coit and National Marine Fisheries Service. [23-1736] (TH) [Entered: 01/03/2024 01:27 PM]
12/7/2023
  • Order
ORDER entered by William J. Kayatta, Jr., Appellate Judge. Upon consideration of the partially opposed joint motion filed by Appellees Janet Coit and National Marine Fisheries Service (the "Federal Appellees") and Appellee Vineyard Wind 1, LLC (the "Intervenor Appellee"), the motion is allowed. The time for the Federal Appellees to file a brief is enlarged to and including January 3, 2024 and the time for the Intervenor Appellee to file a brief is enlarged to and including January 10, 2024. The Intervenor Appellee is encouraged, but not required, to file a brief containing no more than 10,000 words. [23-1736] (GB) [Entered: 12/07/2023 02:50 PM]
12/2/2023
  • Motion to Extend Time to File Brief
RESPONSE filed by Appellant Thomas Melone to to extend time to file brief and/or appendix [6607273-2]. Served on 12/02/2023. [23-1736] (TM) [Entered: 12/02/2023 08:53 AM]
12/1/2023
  • Motion to Extend Time to File Brief
MOTION to extend time to file brief filed by Not Parties John A. Atilano, II, Bureau of Ocean Energy Management, Gary Frazer, Debra Haaland, US Army Corps of Engineers, US Dept of the Interior, US Fish and Wildlife Service, Martha Williams, Janet Coit, Vineyard Wind 1 LLC and National Marine Fisheries Service. Served on 12/01/2023. [23-1736] CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action required. (TH) [Entered: 12/01/2023 04:22 PM]
11/17/2023FIVE (5) paper copies of appendix [6603361-2] submitted by Appellant Thomas Melone. [23-1736] (NP) [Entered: 11/17/2023 04:01 PM]
11/17/2023NINE (9) paper copies of appellant's brief [6603355-2] submitted by Appellant Thomas Melone. [23-1736] (NP) [Entered: 11/17/2023 04:01 PM]
11/13/2023APPENDIX filed by Appellant Thomas Melone. Served on 11/13/2023. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 11/20/2023. [23-1736] (AVN) [Entered: 11/13/2023 12:10 PM]
11/13/2023APPELLANT'S BRIEF filed by Appellant Thomas Melone. Served on 11/13/2023. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 11/20/2023. Brief(s) due 12/13/2023 for APPELLEES Janet Coit, National Marine Fisheries Service and Vineyard Wind 1 LLC. [23-1736] (AVN) [Entered: 11/13/2023 12:06 PM]
11/13/2023APPENDIX tendered by Appellant Thomas Melone. Served on 11/13/2023. [23-1736] (TM) [Entered: 11/13/2023 05:18 AM]
11/13/2023BRIEF tendered by Appellant Thomas Melone. [23-1736] (TM) [Entered: 11/13/2023 05:16 AM]
11/6/2023
  • Order
ORDER directing Appellant Thomas Melone to file a conforming brief and appendix. Brief and Appendix due 11/13/2023. [23-1736] (JMK) [Entered: 11/06/2023 05:06 PM]
11/6/2023APPENDIX tendered by Appellant Thomas Melone. Served on 11/06/2023. [23-1736] (TM) [Entered: 11/06/2023 04:46 AM]
11/6/2023BRIEF tendered by Appellant Thomas Melone. [23-1736] (TM) [Entered: 11/06/2023 04:44 AM]
10/11/2023NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Mark A. Brown for National Marine Fisheries Service, Janet Coit and US Dept of the Interior, US Army Corps of Engineers, US Fish and Wildlife Service, John A. Atilano, II, Debra Haaland, Bureau of Ocean Energy Management, Martha Williams and Gary Frazer, Angela Ellis for National Marine Fisheries Service, Janet Coit and US Dept of the Interior, US Army Corps of Engineers, US Fish and Wildlife Service, John A. Atilano, II, Debra Haaland, Bureau of Ocean Energy Management, Martha Williams and Gary Frazer and Luther L. Hajek for National Marine Fisheries Service, Janet Coit and US Dept of the Interior, US Army Corps of Engineers, US Fish and Wildlife Service, John A. Atilano, II, Debra Haaland, Bureau of Ocean Energy Management, Martha Williams and Gary Frazer. [23-1736] (JMK) [Entered: 10/11/2023 09:34 AM]
9/25/2023NOTICE of appearance on behalf of Appellant Thomas Melone filed by Attorney Thomas Melone. Served on 09/25/2023. [23-1736] (TM) [Entered: 09/25/2023 04:22 PM]
9/25/2023BRIEFING schedule set. Brief and Appendix due 11/06/2023 for appellant Thomas Melone. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [23-1736] (JMK) [Entered: 09/25/2023 08:58 AM]
9/25/2023NOTICE issued. After 10/10/2023, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Mark A. Brown for National Marine Fisheries Service, Janet Coit and US Dept of the Interior, US Army Corps of Engineers, US Fish and Wildlife Service, John A. Atilano, II, Debra Haaland, Bureau of Ocean Energy Management, Martha Williams and Gary Frazer, Angela Ellis for National Marine Fisheries Service, Janet Coit and US Dept of the Interior, US Army Corps of Engineers, US Fish and Wildlife Service, John A. Atilano, II, Debra Haaland, Bureau of Ocean Energy Management, Martha Williams and Gary Frazer and Luther L. Hajek for National Marine Fisheries Service, Janet Coit and US Dept of the Interior, US Army Corps of Engineers, US Fish and Wildlife Service, John A. Atilano, II, Debra Haaland, Bureau of Ocean Energy Management, Martha Williams and Gary Frazer. [23-1736] (JMK) [Entered: 09/25/2023 08:55 AM]
9/22/2023TRANSCRIPT report/order form filed by Appellant Thomas Melone indicating all necessary transcripts have already been filed in district court. Served on 09/22/2023. [23-1736] (TM) [Entered: 09/22/2023 08:24 AM]
9/22/2023NOTICE of appearance on behalf of Appellant Thomas Melone filed by Attorney Thomas Melone. Served on 09/22/2023. [23-1736] (TM) [Entered: 09/22/2023 08:23 AM]
9/22/2023DOCKETING statement filed by Appellant Thomas Melone. Served on 09/22/2023. [23-1736] (TM) [Entered: 09/22/2023 08:22 AM]
9/13/2023NOTICE allowing request for removal from service list. The following attorneys have been removed from the service list for this case: Alexander P. Rothschild for South Fork Wind, LLC, Stacey VanBelleghem for South Fork Wind, LLC and U. Gwyn Williams for South Fork Wind, LLC. [23-1736] (JMK) [Entered: 09/13/2023 09:47 AM]
9/12/2023
  • Motion
REQUEST for removal from the service list filed by Attorney Alexander P. Rothschild for Not Party South Fork Wind, LLC. Certificate of service was not included. [23-1736] (JMK) [Entered: 09/13/2023 09:46 AM]
9/12/2023
  • Motion
REQUEST for removal from the service list filed by Attorney U. Gwyn Williams for Not Party South Fork Wind, LLC. Certificate of service was not included. [23-1736] (JMK) [Entered: 09/13/2023 09:44 AM]
9/12/2023
  • Motion
REQUEST for removal from the service list filed by Attorney Stacey VanBelleghem for Not Party South Fork Wind, LLC. Certificate of service was not included. [23-1736] (JMK) [Entered: 09/13/2023 09:43 AM]
9/12/2023DISCLOSURE statement filed by Appellee Vineyard Wind 1, LLC. Served on 09/12/2023. [23-1736] (JWP) [Entered: 09/12/2023 12:59 PM]
9/11/2023NOTICE of appearance on behalf of Appellee Vineyard Wind 1, LLC filed by Attorney Kathleen Mueller. Served on 09/11/2023. [23-1736] (KMM) [Entered: 09/11/2023 05:49 PM]
9/11/2023NOTICE of appearance on behalf of Appellee Vineyard Wind 1, LLC filed by Attorney Jim Wedeking. Served on 09/11/2023. [23-1736] (JW) [Entered: 09/11/2023 05:45 PM]
9/11/2023NOTICE of appearance on behalf of Appellee Vineyard Wind 1, LLC filed by Attorney Peter Whitfield. Served on 09/11/2023. [23-1736] (PW) [Entered: 09/11/2023 05:37 PM]
9/11/2023NOTICE of appearance on behalf of Appellee Vineyard Wind 1, LLC filed by Attorney David T. Buente Jr.. Served on 09/11/2023. [23-1736] (DTB) [Entered: 09/11/2023 05:21 PM]
9/11/2023NOTICE of appearance on behalf of Appellee Vineyard Wind 1, LLC filed by Attorney Jack W. Pirozzolo. Served on 09/11/2023. [23-1736] (JWP) [Entered: 09/11/2023 05:08 PM]
9/8/2023NOTICE of appearance on behalf of Not Parties Bureau of Ocean Energy Management, John A. Atilano, II, Paul Doremus, Gary Frazer, Debra Haaland, US Army Corps of Engineers, US Dept of the Interior, US Fish and Wildlife Service, Martha Williams and Appellees Janet Coit and National Marine Fisheries Service filed by Attorney Thekla C Hansen-Young. Served on 09/08/2023. [23-1736] (TH) [Entered: 09/08/2023 12:37 PM]
9/8/2023CIVIL CASE docketed. Notice of appeal (doc. #180) filed by Appellant Thomas Melone. Appearance form, Docketing Statement, and Transcript Report/Order form due 09/22/2023. [23-1736] (JMK) [Entered: 09/08/2023 12:25 PM]