Marie Baptiste v. Commonwealth of Massachusetts (1:20-cv-11335)

COMPLAINT Verified against COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development Filing fee: $ 400, receipt number 0101-8330237 (Fee Status: Filing Fee paid), filed by Marie Baptiste, Mitchell Matorin. (Attachments: # 1 Civil Cover Sheet)(Vetstein, Richard) (Entered: 07/15/2020)

AFFIDAVIT of Marie Baptiste in Support re 2 MOTION for Preliminary Injunction filed by Marie Baptiste. (Vetstein, Richard) (Entered: 07/15/2020)

MOTION for Leave to File Excess Pages Re. Motion for Preliminary Injunction by Marie Baptiste, Mitchell Matorin.(Vetstein, Richard) (Entered: 07/15/2020)

ELECTRONIC NOTICE of Case Assignment. Judge Mark L. Wolf 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 M. Page Kelley. (Danieli, Chris) (Entered: 07/15/2020)

Summons Issued as to COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development. 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. (Jones, Sherry) (Entered: 07/15/2020)

Amended AFFIDAVIT of Marie Baptiste in Support re 2 MOTION for Preliminary Injunction filed by Marie Baptiste. (Vetstein, Richard) (Entered: 07/17/2020)

SUMMONS Returned Executed Marie Baptiste served on 7/17/2020, answer due 8/7/2020; Mitchell Matorin served on 7/17/2020, answer due 8/7/2020. (Greenman, Jordana) (Entered: 07/20/2020)

NOTICE of Appearance by Pierce O. Cray on behalf of Executive Office of Housing and Economic Development (Cray, Pierce) (Entered: 07/20/2020)

SUMMONS Returned Executed (Greenman, Jordana) (Entered: 07/20/2020)

NOTICE by COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development Regarding No Entry of a Preliminary Injunction in State Case (Greaney, Jennifer) (Entered: 07/20/2020)

Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER.It is hereby ORDERED that, by July 27, 2020, the parties shall confer and report: (a) whether they believe my disqualification is required pursuant to 28 U.S.C. §455(a) and/or (b); whether they believe Mr. Weitzel's disqualification is required; and, in any event, (c) whether they wish to waive any §455(a) ground for my disqualification relating to Mr. Weitzel, pursuant to §455(e). If the parties wish to question me about this matter, they shall so state in their reports, and they will be allowed to defer responding to the foregoing questions until they are discussed at a hearing in this case. (Montes, Mariliz) (Entered: 07/21/2020)

Amended MOTION to Intervene or in the alternative for Participation as "Enhanced" Amici Curiae by Chelsea Collaborative, Inc., City Life/Vida Urbana, Lynn United For Change, Springfield No One Leaves. Modified on 7/24/2020 to detach memorandum and its exhibits and re-docket as a new docket entry (See Doc. no. 28)(Montes, Mariliz). (Entered: 07/21/2020)

Judge Mark L. Wolf: ORDER entered. The parties shall confer by 7/27/2020. The August 6 hearing on the Motion for Preliminary Injunction is CANCELLED.( Status Report due by 7/27/2020)(Montes, Mariliz) (Entered: 07/23/2020)

MOTION to Dismiss or in the Alternative to Stay by COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development. (Weitzel, Richard) Modified on 7/24/2020 to detach memorandum and its exhibits and re-docket as a new docket entry (See Doc. No 27)(Montes, Mariliz). (Entered: 07/24/2020)

Judge Mark L. Wolf: ORDER entered re 26 MOTION to Dismiss or in the Alternative to Stay filed by Executive Office of Housing and Economic Development, Commonwealth of Massachusetts. The court has received defendants' Motion to Dismiss, or, in the Alternative, to Stay and supporting memorandum (Dkt. Nos. 26, 27) (the "Motion"). It is hereby ORDERED that the parties shall confer and report by 12:00 noon on July 28, 2020, on a proposed schedule for plaintiffs to respond to the Motion and for defendants to file any reply. (Loret, Magdalena) (Entered: 07/27/2020)

MOTION for Leave to File Excess Pages in Opposition to Motion for Preliminary Injunction by COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development.(Greaney, Jennifer) (Entered: 07/27/2020)

STATUS REPORT Re. Court's July 23, 2020 Order by Marie Baptiste, Mitchell Matorin. (Vetstein, Richard) (Entered: 07/27/2020)

STATUS REPORT Joint in Response to July 27, 2020 Order by COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development. (Greaney, Jennifer) (Entered: 07/28/2020)

ELECTRONIC NOTICE Setting Hearing on Motion 22 MOTION to Intervene or in the alternative for Participation as "Enhanced" Amici Curiae, 23 Amended MOTION to Intervene or in the alternative for Participation as "Enhanced" Amici Curiae: This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.ma d.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 8/4/2020 02:00 PM before Judge Mark L. Wolf. (Loret, Magdalena) (Entered: 07/28/2020)

Reset Deadlines: In re. 36 Order: Status Report due by 7/28/2020; Reset Deadlines as to 26 MOTION to Dismiss or in the Alternative to Stay : Responses due by 8/11/2020. (Montes, Mariliz) (Entered: 07/28/2020)

NOTICE of Appearance by Jane L. Edmonstone on behalf of Chelsea Collaborative, Inc., City Life/Vida Urbana, Lynn United For Change, Springfield No One Leaves (Edmonstone, Jane) (Entered: 07/29/2020)

First MOTION enlarge time for filing reply brief in connection with motion for preliminary injunction re 2 MOTION for Preliminary Injunction by Marie Baptiste, Mitchell Matorin.(Greenman, Jordana) (Entered: 07/29/2020)

STATUS REPORT Re. Court's July 29, 2020 Order Re. Disqualification by Marie Baptiste, Mitchell Matorin. (Vetstein, Richard) (Entered: 08/03/2020)

STATUS REPORT Regarding the Court's Order of July 29, 2020 by Chelsea Collaborative, Inc., City Life/Vida Urbana, Lynn United For Change, Springfield No One Leaves. (Michalakes, Joseph) (Entered: 08/03/2020)

Judge Mark L. Wolf: ORDER entered regarding 8/4/20 hearing. (Loret, Magdalena) (Entered: 08/05/2020)

Transcript of Video Conference Motion Hearing and Ruling held on August 4, 2020, before Judge Mark L. Wolf. 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: Kelly Mortellite at mortellite@gmail.com. Redaction Request due 8/27/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/4/2020. (Belpedio, Lisa) (Entered: 08/10/2020)

STATUS REPORT in Response to August 5, 2020 Order by COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development. (Attachments: # 1 Exhibit A-Transcript, # 2 Exhibit B-CuomoBrief, # 3 Exhibit C-ShortResponse)(Greaney, Jennifer) (Entered: 08/07/2020)

Opposition re 26 MOTION to Dismiss or in the Alternative to Stay filed by Marie Baptiste, Mitchell Matorin. (Vetstein, Richard) (Entered: 08/11/2020)

REPLY to Response to 2 MOTION for Preliminary Injunction filed by Marie Baptiste, Mitchell Matorin. (Vetstein, Richard) (Entered: 08/11/2020)

Supplemental AFFIDAVIT in Support re 2 MOTION for Preliminary Injunction filed by Mitchell Matorin. (Vetstein, Richard) (Entered: 08/11/2020)

AFFIDAVIT in Opposition re 26 MOTION to Dismiss or in the Alternative to Stay filed by Jonathan Daponte. (Vetstein, Richard) (Entered: 08/11/2020)

Judge Mark L. Wolf: ORDER entered. (Loret, Magdalena) (Entered: 08/13/2020)

ELECTRONIC NOTICE Setting Hearing on Motion 2 MOTION for Preliminary Injunction, 26 MOTION to Dismiss or in the Alternative to Stay: This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions rega rding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 8/31/2020 10:00 AM, 9/1/2020 10:00 AM, and 9/2/2020 10:00 AM before Judge Mark L. Wolf. (Loret, Magdalena) (Entered: 08/13/2020)

Supplemental MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction in Response to August 5, 2020 Order filed by Charles Baker, Mike Kennealy. (Attachments: # 1 Appendix Legislative History)(Greaney, Jennifer) (Entered: 08/18/2020)

MOTION to Dismiss Counts II, III, and V of Amended Complaint by Charles Baker, Mike Kennealy.(Greaney, Jennifer) Modified on 8/21/2020 (Loret, Magdalena). (Entered: 08/18/2020)

Second MOTION for Leave to File Excess Pages by Charles Baker, Mike Kennealy.(Greaney, Jennifer) (Entered: 08/18/2020)

MOTION for Leave to File as Amicus Curiae by MLPB (F/K/A Medical Legal Partnership / Boston).(Kolodney, Lawrence) (Entered: 08/20/2020)

CORPORATE DISCLOSURE STATEMENT by MLPB (F/K/A Medical Legal Partnership / Boston). (Kolodney, Lawrence) (Entered: 08/20/2020)

MOTION for Leave to File Brief of Amici Curiae by Boston Medical Center Corporation, Health Care For All, Health Law Advocates, Inc., The Children's Hospital Corporation, The Public Health Law Watch, UMass Memorial Health Care, Inc.. (Attachments: # 1 Exhibit Brief of Amici Curiae)(Lowe, Justin) (Entered: 08/20/2020)

Judge Mark L. Wolf: ORDER entered denying 73 Motion for Leave to File as Amicus Curiae by MLPB; denying 77 Motion for Leave to File Brief of Amici Curiae by Boston Medical Center Corporation, Health Care For All, Health Law Advocates, Inc., The Children's Hospital Corporation, The Public Health Law Watch, UMass Memorial Health Care, Inc. (Loret, Magdalena) (Entered: 08/21/2020)

MOTION for Leave to Appear Pro Hac Vice for admission of Linda S. Morris Filing fee: $ 100, receipt number 0101-8384260 by Joseph Michalakes. (Attachments: # 1 Affidavit, # 2 Exhibit)(Michalakes, Joseph) (Entered: 08/21/2020)

Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 81 Motion for Leave to Appear Pro Hac Vice Added Linda S. Morris. 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. (Montes, Mariliz) (Entered: 08/21/2020)

RESPONSE TO COURT ORDER by Charles Baker, Mike Kennealy Regarding Documents Referenced in Supplemental Brief. (Attachments: # 1 Exhibit 1. Dec. of Emergency, # 2 Exhibit 2. Rep. Connolly Statement, # 3 Exhibit 3. Rep Honan Statement)(Greaney, Jennifer) (Entered: 08/24/2020)

ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Hearing regarding scheduling and other related matters set for 8/26/2020 10:30 AM before Judge Mark L. Wolf. (Loret, Magdalena) (Entered: 08/25/2020)

Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Hearing regarding scheduling and other related matters held on 8/26/2020 via videoconference. Parties shall confer and report by 4:00 p.m. on 8/31/20 regarding how to proceed following the preliminary injunction and possibility of settlement. Hearing on the Motion for Preliminary Injunction [Docket No. 2] will resume on 9/1/20 at 1:30 p.m., and continue from day to day until concluded. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Vetstein, Greenman, Greaney, Cray, Weitzel) (Loret, Magdalena) (Entered: 08/26/2020)

Judge Mark L. Wolf: ORDER entered. It is hereby ORDERED that: 1. The parties shall confer and, by August 31, 2020, at 4:00 p.m., report, jointly if possible, concerning possible settlement or mediation, and, in any event, how they propose the case proceed following the resolution of plaintiffs' Motion for Preliminary Injunction. 2. The hearing on the Motion for Preliminary Injunction (Dkt. No. 2), Motion to Dismiss (Dkt. No. 26), and Motion to Dismiss Counts II, III, and V (Dkt. No. 69) will resume on September 1, 2020, at 1:30 p.m., and continue from day to day until concluded.(Loret, Magdalena) (Entered: 08/26/2020)

Transcript of Motion Hearing held on August 24, 2020, before Judge Mark L. Wolf. 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: Kelly Mortellite at mortellite@gmail.com. Redaction Request due 9/17/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/25/2020. (Belpedio, Lisa) (Entered: 09/01/2020)

REPLY to Response to 69 MOTION to Dismiss Counts I, III, and V of Amended Complaint filed by Charles Baker, COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development, Mike Kennealy. (Weitzel, Richard) (Entered: 08/28/2020)

NOTICE by Charles Baker, COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development, Mike Kennealy Notice of New Federal Court Ruling on Motion for Preliminary Injunction in a COVID-19 Eviction Moratorium Case (Attachments: # 1 Exhibit Memorandum/Opinion in Hapco v. City of Philadelphia et al)(Weitzel, Richard) (Entered: 08/31/2020)

Judge Mark L. Wolf: MEMORANDUM AND ORDER. (Loret, Magdalena) (Entered: 08/31/2020)

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 (Belpedio, Lisa) (Entered: 09/10/2020)

NOTICE of Appearance by Matthew L. Fabisch on behalf of Pacific Legal Foundation (Fabisch, Matthew) (Entered: 09/01/2020)

MOTION for Leave to Appear Pro Hac Vice for admission of Ethan W. Blevins Filing fee: $ 100, receipt number 0101-8398411 by Pacific Legal Foundation. (Attachments: # 1 Exhibit Certificate of Ethan W. Blevins)(Fabisch, Matthew) (Entered: 09/01/2020)

MOTION for Leave to File Amicus Curiae Brief by Pacific Legal Foundation. (Attachments: # 1 Exhibit Proposed Amicus Curiae Brief)(Fabisch, Matthew) (Entered: 09/01/2020)

Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 9/1/2020 via videoconference re 69 MOTION to Dismiss Counts I, III, and V of Amended Complaint filed by Charles Baker, Mike Kennealy, 26 MOTION to Dismiss or in the Alternative to Stay filed by Executive Office of Housing and Economic Development, COMMONWEALTH OF MASSACHUSETTS, 2 MOTION for Preliminary Injunction filed by Mitchell Matorin, Marie Baptiste. Parties present argument. Parties to supplement briefing, if needed, by 11:00 a.m. on 9/3/20. Hearing shall resume on 9/2/20 at 2:00 p.m. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Vetstein, Greenman, Greaney, Cray, Weitzel) (Loret, Magdalena) (Entered: 09/01/2020)

ELECTRONIC NOTICE Setting Hearing on Motion 2 MOTION for Preliminary Injunction, 69 MOTION to Dismiss Counts I, III, and V of Amended Complaint, 26 MOTION to Dismiss or in the Alternative to Stay: This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://public.mad.uscourts.g ov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 9/2/2020 02:00 PM before Judge Mark L. Wolf. (Loret, Magdalena) (Entered: 09/01/2020)

NOTICE by Charles Baker, COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development, Mike Kennealy Notice of New Order by the Centers for Disease Control and Prevention Temporarily Halting Certain Evictions (Attachments: # 1 Exhibit CDC Order (9/1/2020))(Weitzel, Richard) (Entered: 09/02/2020)

Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held via videoconference on 9/2/2020 (continued from 9/1/20) re 69 MOTION to Dismiss Counts I, III, and V of Amended Complaint filed by Charles Baker, Mike Kennealy, 26 MOTION to Dismiss or in the Alternative to Stay filed by Executive Office of Housing and Economic Development, COMMONWEALTH OF MASSACHUSETTS, 2 MOTION for Preliminary Injunction filed by Mitchell Matorin, Marie Baptiste. Parties present argument. Parties to supplement briefing, if needed, by 12:00 p.m. on 9/3/20. Hearing shall resume on 9/9/20 at 2:30 p.m. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Vetstein, Greenman, Greaney, Cray, Weitzel) (Loret, Magdalena) (Entered: 09/02/2020)

Supplemental MEMORANDUM in Opposition re 2 MOTION for Preliminary Injunction filed by Charles Baker, COMMONWEALTH OF MASSACHUSETTS, Executive Office of Housing and Economic Development, Mike Kennealy. (Weitzel, Richard) (Entered: 09/03/2020)

Supplemental MEMORANDUM in Support re 2 MOTION for Preliminary Injunction Addressing CDC Eviction Moratorium Order filed by Marie Baptiste, Jonathan Daponte, Mitchell Matorin. (Vetstein, Richard) (Entered: 09/03/2020)

ELECTRONIC NOTICE Resetting Hearing on 2 MOTION for Preliminary Injunction, 69 MOTION to Dismiss Counts I, III, and V of Amended Complaint, 26 MOTION to Dismiss or in the Alternative to Stay: This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://public.mad.uscourts.gov /seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing re-set for 9/10/2020 02:30 PM before Judge Mark L. Wolf. (Loret, Magdalena) (Entered: 09/08/2020)

Transcript of Motion Hearing held on September 1, 2020, before Judge Mark L. Wolf. 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: Kelly Mortellite at mortellite@gmail.com. Redaction Request due 10/2/2020. Redacted Transcript Deadline set for 10/13/2020. Release of Transcript Restriction set for 12/10/2020. (Belpedio, Lisa) (Entered: 09/17/2020)

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 (Belpedio, Lisa) (Entered: 09/17/2020)

Transcript of Video Conference Hearing held on September 10, 2020, before Judge Mark L. Wolf. 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: Kelly Mortellite at mortellite@gmail.com. Redaction Request due 10/6/2020. Redacted Transcript Deadline set for 10/16/2020. Release of Transcript Restriction set for 12/14/2020. (Belpedio, Lisa) (Entered: 09/17/2020)

NOTICE by Charles Baker, Mike Kennealy Re 400 Code Mass. Reg, 5.00 (Attachments: # 1 Exhibit A - Documents Filed with Office of the Secretary of the Commonwealth)(Greaney, Jennifer) (Entered: 09/17/2020)

Judge Mark L. Wolf: ORDER entered reserving ruling and denying in part on 2 Motion for Preliminary Injunction; granting 5 Motion for Leave to File Excess Pages; reserving ruling on 69 Motion to Dismiss; granting 71 Motion for Leave to File Excess Pages; denying 103 Motion for Leave to File Document; denying 117 Motion to Strike; denying 26 Motion to Dismiss; granting 31 Motion for Leave to File Excess Pages. It is hereby ORDERED that: 1. For the reasons stated during the August 24, 2020 hearing concerning possible abstention, Defendants' Motion to Dismiss or in the Alternative to Stay (Dkt. No. 26) is DENIED without prejudice. 2. Defendants' Motion to Dismiss Counts II, III, and V of the Amended Complaint (Dkt. No. 69) is RESERVED. 3. Pacific Legal Foundation's Motion for Leave to File a Brief as Amicus Curiae (Dkt. No. 103) is DENIED. 4. Plaintiffs' and Defendants' Motions for Leave to File Excess Pages in their respective filings on the Motion for Preliminary Injunction (Dkt. Nos. 5, 31, 71) are ALLOWED. 5. Plaintiffs' Motion to Strike Defendants' Supplemental Opposition to the Motion for Preliminary Injunction (Dkt. No. 117) is DENIED. 6. Plaintiffs' Motion for Preliminary Injunction (Dkt. No. 2) is DENIED with regard to Counts I, II, IV, and V, and RESERVED concerning the compelled speech claim in Count III, which is in part meritorious. 7. By October 2, 2020, at 12:00 noon, the parties shall confer and: a. Defendants shall report whether they will promptly modify 400 C.M.R. §5.03(2) to remove the second required paragraph and, if so, how they will give public notice that it is no longer operative and will not be enforced at least until this case is decided on the merits. b. The parties shall report concerning how they propose this case proceed. (Loret, Magdalena) (Entered: 09/25/2020)

Judge Mark L. Wolf: ORDER entered. It is hereby ORDERED that: 1. As agreed by the parties, defendants' obligation to answer the Amended Complaint is STAYED until further order of the court. 2. Plaintiffs shall, by October 9, 2020, report whether in view of the amendments to 400 Mass. Code Regs. [C.M.R.] §5.03(2), the publication of the amended regulation on the Massachusetts government website, and the forthcoming notice of the amendment in the Massachusetts Register, they agree that a preliminary injunction is unnecessary and, if not, file a memorandum in support of their position. 3. The parties shall, by October 20, 2020, confer and report, jointly if possible, concerning how they propose this case proceed. 4. A scheduling conference by videoconference will, if necessary, be scheduled after the court receives the October 20, 2020 report. (Loret, Magdalena) (Entered: 10/05/2020)

NOTICE of Voluntary Dismissal by Marie Baptiste, Jonathan Daponte, Mitchell Matorin (Vetstein, Richard) (Entered: 10/20/2020)