Commonwealth of Massachusetts v. U.S. Department of Agriculture
- Court
- D. Mass.
- Docket number
- 1:26-cv-11396
- Filed
- Last filing
- Assigned judge
- Myong J. Joun
- Nature of suit
- 899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
- Cause
- 05:702 Administrative Procedure Act
- Jurisdiction
- Federal Question
- Jury demand
- None
The 94 court documents filed in this docket, as listed for its case.
Docket entries
The entries the archive holds for this docket. For the full docket, use the link above.
| No. | Date | Description | Document |
|---|---|---|---|
| 51 | NOTICE of Appearance by Kristopher Brambila on behalf of State of Colorado (Brambila, Kristopher) (Entered: 04/15/2026) | Open(opens another site) | |
| 52 | REPLY to Response to 42 MOTION for Preliminary Injunction filed by Commonwealth of Massachusetts. (Klunder, Nita) (Entered: 04/20/2026) | Open(opens another site) | |
| 53 | AFFIDAVIT of Nita Klunder in Support re 42 MOTION for Preliminary Injunction filed by Commonwealth of Massachusetts. (Attachments: # 1 Exhibit 83 Declaration of Scott Marshall, # 2 Exhibit 84 CAPS Survey email from USDA, # 3 Exhibit 85 CAPS Infrastructure email from USDA, # 4 Exhibit 86 Declaration of Brian Kuhn, # 5 Exhibit 87 email from USDA to WI, # 6 Exhibit 88 Declaration of Karl Doyle, # 7 Exhibit 89 NOFO for Wood Products Infrastructure Assistance Program)(Klunder, Nita) (Entered: 04/20/2026) | Open(opens another site) | |
| 54 | ELECTRONIC NOTICE Setting Hearing on Motion 42 Motion for Preliminary Injunction. A Motion Hearing is set for 6/1/2026 at 2:30 PM in Courtroom 20 (In person only) before Judge Myong J. Joun.(SKY) (Entered: 04/23/2026) | Open(opens another site) | |
| 55 | MOTION for Leave to Appear Pro Hac Vice for admission of Brian Bilford, Luke Freedman, Joel Marrero, Michael Newman, Daniel Sheehan, Alyssa Zhang Filing fee: $ 750, receipt number AMADC-11702621 by State of California. (Attachments: # 1 BB Certification, # 2 LF Certification, # 3 JM Certification, # 4 MN Certification, # 5 DS Certification, # 6 AZ Certification)(Kundl, Jak) (Entered: 04/27/2026) | Open(opens another site) | |
| 56 | Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 55 Motion for Leave to Appear Pro Hac Vice Added Brian Bilford, Luke Freedman, Joel Marrero, Michael Newman, Daniel Sheehan, Alyssa Zhang. 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. (SP) (Entered: 04/27/2026) | Open(opens another site) | |
| 57 | ELECTRONIC NOTICE of Rescheduling Hearing on Motion re 42 Motion for Preliminary Injunction. The Motion Hearing is rescheduled to 6/2/2026 at 11:00 AM in Courtroom 20 (In person only) before Judge Myong J. Joun. (SKY) (Entered: 05/14/2026) | Open(opens another site) | |
| 58 | MOTION for Extension of Time to 30 days after the Court issues its decision on Plaintiffs motion for a preliminary injunction to File Answer re 1 Complaint,,, or Other Response to the Complaint by Brooke L. Rollins, U.S. Department of Agriculture, United States of America.(Fitzgerald, Michael) (Entered: 05/19/2026) | Open(opens another site) | |
| 59 | Supplemental AFFIDAVIT in Support re 42 MOTION for Preliminary Injunction filed by Commonwealth of Massachusetts. (Attachments: # 1 Exhibit 90 Declaration of Denise Barton, # 2 Exhibit 91 Declaration of Nancy McBrady, # 3 Exhibit 92 Declaration of Kirk Dombrowski, # 4 Exhibit 93 Declaration of Brian Kuhn, # 5 Exhibit 94 Declaration of Mark Abrahamson, # 6 Exhibit 95 Declaration of Cassandra Moseley)(Klunder, Nita) (Entered: 05/21/2026) | Open(opens another site) | |
| 60 | Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 58 Motion for Extension of Time to Answer re 1 Complaint Brooke L. Rollins answer due 6/26/2026; U.S. Department of Agriculture answer due 6/26/2026; United States of America answer due 6/26/2026. (SP) (Entered: 05/22/2026) | Open(opens another site) | |
| 61 | AMENDED DOCUMENT by Commonwealth of Massachusetts. Amendment to 59 Affidavit in Support of Motion, . (Klunder, Nita) (Entered: 05/22/2026) | Open(opens another site) | |
| 62 | Electronic Clerk's Notes for proceedings held before Judge Myong J. Joun: Motion Hearing held on 6/2/2026 re 42 Motion for Preliminary Injunction. The Court heard arguments from the parties as to the pending motion and took the matter under advisement. (Court Reporter: Jamie Halpin at [email address removed].) (Attorneys present: Klunder, Tresnowski, Vail & Kundl for the plaintiffs; Fitzgerald for the defendants.) (SKY) (Entered: 06/02/2026) | Open(opens another site) | |
| 63 | Supplemental RESPONSE to Motion re 42 MOTION for Preliminary Injunction filed by Brooke L. Rollins, U.S. Department of Agriculture, United States of America. (Attachments: # 1 Affidavit Declaration of S. Corley)(Fitzgerald, Michael) (Entered: 06/05/2026) | Open(opens another site) | |
| 64 | Judge Myong J. Joun: ELECTRONIC ORDER entered. Plaintiffs Motion for Preliminary Injunction, Doc. No. 42, is GRANTED. Defendants are PRELIMINARILY ENJOINED from enforcing the Challenged Conditions, which includes the following sections of the Department of Agricultures General Terms and Conditions for Federal Awards: The term policies in 12.2, and the entirety of 12.2.2, 12.2.4, 13.5, 13.8, and 13.10. The injunction also applies to the corresponding sections in the Departments General Terms and Conditions for Mutual Interest Agreements. As raised at the motion hearing held on 06/02/2026, for the avoidance of doubt, Defendants need not issue new terms and conditions documents. The parties have agreed that a properly executed reservation of rights will protect Plaintiffs' interest for the duration of the preliminary injunction. A memorandum of decision will issue at a later date.(SP) (Entered: 06/05/2026) | Open(opens another site) | |
| 65 | Transcript of Motion Hearing held on June 2, 2026, before Judge Myong J. Joun. 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: Jamie Halpin at [email address removed]. Redaction Request due 6/29/2026. Redacted Transcript Deadline set for 7/8/2026. Release of Transcript Restriction set for 9/8/2026. (DRK) (Entered: 06/08/2026) | Open(opens another site) | |
| 66 | 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: 06/08/2026) | Open(opens another site) | |
| 67 | NOTICE of Appearance by Savannah Rose Arguello on behalf of Commonwealth of Massachusetts (Arguello, Savannah) (Entered: 06/15/2026) | Open(opens another site) | |
| 68 | Assented to MOTION for Extension of Time to July 10, 2026 to File Answer re 1 Complaint,,, or Other Response to the Complaint by Brooke L. Rollins, U.S. Department of Agriculture, United States of America.(Fitzgerald, Michael) (Entered: 06/18/2026) | Open(opens another site) | |
| 69 | Judge Myong J. Joun: ELECTRONIC ORDER entered. GRANTING 68 Assented to MOTION for Extension of Time to July 10, 2026 to File Answer re 1 Complaint, or Other Response to the Complaint by Brooke L. Rollins, U.S. Department of Agriculture, United States of America. Brooke L. Rollins answer due 7/10/2026; U.S. Department of Agriculture answer due 7/10/2026; United States of America answer due 7/10/2026. (SP) (Entered: 06/22/2026) | Open(opens another site) | |
| 70 | MOTION for Leave to Appear Pro Hac Vice for admission of Ian R. Liston, Rose E. Gibson Filing fee: $ 250, receipt number AMADC-11839765 by State of Delaware. (Attachments: # 1 Certification, # 2 certification)(Kundl, Jak) (Entered: 06/24/2026) | Open(opens another site) | |
| 71 | Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 70 Motion for Leave to Appear Pro Hac Vice Added Ian R. Liston, Rose E. Gibson. 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. (FGD) (Entered: 06/24/2026) | Open(opens another site) | |
| 72 | Judge Myong J. Joun: ORDER entered. MEMORANDUM OF DECISION. On June 5, 2026, this Court granted Plaintiff's Motion for Preliminary Injunction, noting that a memorandum of decision would issue at a later date. See Doc. No. 64 . The memorandum of decision is attached, explaining this Court's decision at Doc. No. 64 . (SKY) (Entered: 06/24/2026) | Open(opens another site) | |
| 73 | Assented to MOTION for Leave to File Excess Pages by Brooke L. Rollins, U.S. Department of Agriculture, United States of America.(Fitzgerald, Michael) (Entered: 07/09/2026) | Open(opens another site) | |
| 74 | Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 73 Assented to MOTION for Leave to File Excess Pages by Brooke L. Rollins, U.S. Department of Agriculture, United States of America 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. (SP) (Entered: 07/09/2026) | Open(opens another site) | |
| 75 | MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Brooke L. Rollins, U.S. Department of Agriculture, United States of America.(Fitzgerald, Michael) (Entered: 07/10/2026) | Open(opens another site) | |
| 76 | MEMORANDUM in Support re 75 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Brooke L. Rollins, U.S. Department of Agriculture, United States of America. (Fitzgerald, Michael) (Entered: 07/10/2026) | Open(opens another site) | |
| 77 | Assented to MOTION for Extension of Time to 8/14/2026 to File Response/Reply as to 75 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Commonwealth of Massachusetts.(Klunder, Nita) (Entered: 07/13/2026) | Open(opens another site) | |
| 78 | Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 77 Assented to Motion for Extension of Time to 8/14/2026 to File Response/Reply as to 75 Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Commonwealth of Massachusetts. (SKY) (Entered: 07/14/2026) | Open(opens another site) | |
| 79 | MOTION for Leave to File Amended Complaint by Commonwealth of Massachusetts. (Attachments: # 1 Exhibit Plaintiffs' Proposed First Amended Complaint, # 2 Exhibit Comparison Redline of First Amended Complaint)(Arguello, Savannah) (Entered: 08/12/2026) | Open(opens another site) | |
| 80 | Judge Myong J. Joun: ELECTRONIC ORDER entered. GRANTING 79 MOTION for Leave to File Amended Complaint by Commonwealth of Massachusetts. 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. (SP) (Entered: 08/14/2026) | Open(opens another site) | |
| 81 | AMENDED COMPLAINT against All Defendants, filed by Commonwealth of Massachusetts.(Kundl, Jak) (Entered: 08/14/2026) | Open(opens another site) | |
| 82 | Opposition re 75 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Commonwealth of Massachusetts. (Kundl, Jak) (Entered: 08/14/2026) | Open(opens another site) | |
| 83 | Notice of Correction made by court staff: Entry 83 was entered in this case by error and has since been removed. (SKY). (Entered: 08/17/2026) | Open(opens another site) | |
| 84 | MOTION to Modify Preliminary Injunction by Commonwealth of Massachusetts. (Attachments: # 1 Exhibit Comparison Redline of First Am. Compl., # 2 Exhibit Declaration of K. Ireland, # 3 Exhibit Declaration of John Norbeck)(Arguello, Savannah) (Entered: 08/18/2026) | Open(opens another site) | |
| 85 | NOTICE of Appearance by Robert E. Richardson on behalf of Brooke L. Rollins, U.S. Department of Agriculture, United States of America (Richardson, Robert) (Entered: 08/19/2026) | Open(opens another site) | |
| 86 | MOTION to Withdraw as Attorney (Unopposed) by Brooke L. Rollins, U.S. Department of Agriculture, United States of America.(Fitzgerald, Michael) (Entered: 08/19/2026) | Open(opens another site) | |
| 87 | Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 86 Motion to Withdraw as Attorney (Unopposed). Attorney Michael Fitzgerald terminated. (SKY) (Entered: 08/21/2026) | Open(opens another site) | |
| 88 | First MOTION for Leave to Appear Pro Hac Vice for admission of Jacob B. Boyer Filing fee: $ 125, receipt number AMADC-11983043 by Josh Shapiro. (Attachments: # 1 Certification of Jacob B. Boyer)(Arguello, Savannah) (Entered: 08/25/2026) | Open(opens another site) | |
| 89 | Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 88 Motion for Leave to Appear Pro Hac Vice Added Jacob B. Boyer. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (SP) (Entered: 08/26/2026) | Open(opens another site) | |
| 90 | NOTICE of Appearance by Jacob Boyer on behalf of Josh Shapiro (Boyer, Jacob) (Entered: 08/26/2026) | Open(opens another site) | |
| 91 | First MOTION for Leave to Appear Pro Hac Vice for admission of K. Brunetti Ireland Filing fee: $ 125, receipt number AMADC-12007983 by State of Nevada. (Attachments: # 1 Certification of K. Brunetti Ireland)(Kundl, Jak) (Entered: 09/03/2026) | Open(opens another site) | |
| 92 | Judge Myong J. Joun: ELECTRONIC ORDER entered Plaintiff States’ Motion to Modify Preliminary Injunction, Doc. No. 84, is GRANTED. No opposition to the motion has been filed. For the reasons stated in the Court’s prior Memorandum of Decision granting preliminary injunctive relief, and for the reasons set forth in Plaintiffs’ motion, the Court’s preliminary injunction is modified to apply to the State of Nevada and Governor Josh Shapiro of the Commonwealth of Pennsylvania, in addition to the original Plaintiff States. (SP) (Entered: 09/04/2026) | Open(opens another site) | |
| 93 | Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 91 Motion for Leave to Appear Pro Hac Vice Added K. Brunetti Ireland. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (SP) (Entered: 09/04/2026) | Open(opens another site) | |
| 94 | NOTICE of Appearance by Kiel Ireland on behalf of State of Nevada (Ireland, Kiel) (Entered: 09/04/2026) | Open(opens another site) | |
| 95 | MOTION for Leave to Appear Pro Hac Vice for admission of Jessica A. Serrano Filing fee: $ 125, receipt number AMADC-12025390 by State of New Mexico. (Attachments: # 1 Affidavit)(Kundl, Jak) (Entered: 09/11/2026) | Open(opens another site) | |
| 96 | Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 95 Motion for Leave to Appear Pro Hac Vice Added Jessica A. Serrano. 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. (SP) (Entered: 09/11/2026) | Open(opens another site) | |
| 97 | First MOTION for Leave to Appear Pro Hac Vice for admission of Andrew M. Ammirati Filing fee: $ 125, receipt number AMADC-12029651 by State of Connecticut. (Attachments: # 1 Certification of Andrew M. Ammirati)(Kundl, Jak) (Entered: 09/14/2026) | Open(opens another site) | |
| 98 | Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 97 Motion for Leave to Appear Pro Hac Vice Added Andrew M. Ammirati. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (SP) (Entered: 09/14/2026) | Open(opens another site) | |
| 99 | NOTICE of Appearance by Andrew M. Ammirati on behalf of State of Connecticut (Ammirati, Andrew) (Entered: 09/15/2026) | Open(opens another site) | |
| 100 | NOTICE of Appearance by Jessica A. Serrano on behalf of State of New Mexico (Serrano, Jessica) (Entered: 09/21/2026) | Open(opens another site) |