AJrecused,CLOSED,SMrecused

U.S. District Court

District of New Hampshire (Concord)
CIVIL DOCKET FOR CASE #: 1:21−cv−01047−LM

Verogna v. Johnstone et al Date Filed: 12/08/2021

Assigned to: Chief Judge Landya B. McCafferty Date Terminated: 01/28/2022
Case in other court: First Circuit COA, 22−01364 Jury Demand: Plaintiff
Cause: 28:1983 Civil Rights Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Sensa Verogna represented by Sensa Verogna
Anonymously PRO SE

V.
Defendant
Andrea Johnstone
in her personal capacity

Defendant
Steven J. McAuliffe
in his personal capacity

Defendant
Julie E. Schwartz represented by Dan L. Bagatell
Esq. Perkins Coie LLP
3 Weatherby Rd
Hanover, NH 03755
602−351−8250
Fax: 602−648−7150
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Jonathan M. Eck represented by Edwin F. Landers , Jr.
Esq. Morrison Mahoney LLP
650 Elm St, Ste 201
Manchester, NH 03101
617 439−7583
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Linda M. Smith
Morrison Mahoney LLP
650 Elm Street Suite 201
Manchester, NH 03101
603−518−1971
Fax: 603−622−3466
Email: [email protected]
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

12/08/2021 1 COMPLAINT against Jonathan M. Eck, Andrea Johnstone, Steven J. McAuliffe, Julie
E. Schwartz with Jury Demand ( Filing fee $ 402 receipt number 14649021020) filed
 by Sensa Verogna. (Attachments: # 1 Exhibts 001 − 076, # 2 Notice of Lawsuits) (mc)
(Entered: 12/14/2021)
12/08/2021 Case assigned to Chief Judge Landya B. McCafferty. The case designation is:
1:21−cv−1047−LM. Please show this number with the judge designation on all future
pleadings. (mc) (Entered: 12/22/2021)
12/22/2021 NOTICE. This case has been designated for Electronic Case Filing. All further
submissions shall be filed in compliance with the Administrative Procedures for
Electronic Case Filing. Pro se litigants are not required to file electronically and may
continue to file documents in paper format. Persons filing electronically are strongly
encouraged to complete the interactive training modules available on the courts
website. To access these modules, click HERE. (mc) (Entered: 12/22/2021)
01/05/2022 2 WAIVER OF SERVICE Returned Executed as to Jonathan M. Eck by Jonathan M.
Eck. Attorney Linda M. Smith added to party Jonathan M. Eck(pty:dft). Served/Mailed
on 12/7/2021. Answer Follow Up on 2/8/2022. The court only follow up date DOES
NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP
45(c).(Smith, Linda) (Entered: 01/05/2022)
01/05/2022 3 NOTICE of Attorney Appearance by Dan L. Bagatell on behalf of Julie E. Schwartz
Attorney Dan L. Bagatell added to party Julie E. Schwartz(pty:dft).(Bagatell, Dan)
(Entered: 01/05/2022)
01/05/2022 4 WAIVER OF SERVICE Returned Executed as to Julie E. Schwartz by Julie E.
Schwartz. Served/Mailed on 12/7/2021. Answer Follow Up on 2/8/2022. The court
only follow up date DOES NOT include 3 additional days that may apply per FRCP
6(d) and FRCrP 45(c).(Bagatell, Dan) (Entered: 01/05/2022)
01/12/2022 5 Copies of Waivers of Service of Summons by Sensa Verogna. (Attachments: # 1
Waiver of Service)(js) (Entered: 01/13/2022)
01/13/2022 6 Summons issued electronically as to Steven J. McAuliffe. NOTICE: Counsel shall
print and serve the summons and all attachments in accordance with Fed. R. Civ.
P. 4. (Attachments: # 1 Notice ECF) (mc) (Entered: 01/13/2022)
01/20/2022 7 Summons issued electronically as to Andrea Johnstone. NOTICE: Counsel shall
print and serve the summons and all attachments in accordance with Fed. R. Civ.
P. 4. (Attachments: # 1 Notice ECF)(mc) (Entered: 01/20/2022)
01/21/2022 8 MOTION to File an Oversized MOL in Support (Exceed Page Limits) filed by Sensa
Verogna.Follow up on Objection on 2/4/2022. The court only follow up date DOES
NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(de)
(Entered: 01/25/2022)
01/21/2022 9 MOTION for Leave to File Motion, MOL and Declaration in Support to Recuse filed
by Sensa Verogna.Follow up on Objection on 2/4/2022. The court only follow up date
DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).
(Attachments: # 1 Memorandum of Law Motion and Memorandum)(de) (Entered:
01/25/2022)
01/25/2022 10 NOTICE of Attorney Appearance by Edwin F. Landers, Jr on behalf of Jonathan M.
Eck Attorney Edwin F. Landers, Jr added to party Jonathan M. Eck(pty:dft).(Landers,
Edwin) (Entered: 01/25/2022)
01/25/2022 11 MOTION for Leave to File Attached Motion for Alternative Service of Summons filed
by Sensa Verogna.Follow up on Objection on 2/8/2022. The court only follow up date
DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP
45(c).(de) (Entered: 01/25/2022)
01/26/2022 12 NOTICE of Attorney Appearance by Edwin F. Landers, Jr on behalf of Jonathan M.
Eck (Landers, Edwin) (Entered: 01/26/2022)
01/27/2022 13 ///ORDER granting 8 Motion to File an Oversized MOL in Support (Exceed Page
Limit); denying 9 Motion for Leave to File Motion to Recuse; denying as moot 11
Motion for Leave to File Motion for Alternative Service of Summons. The
Complaint is dismissed without leave to amend. Clerk is directed to close the case.
So Ordered by Chief Judge Landya B. McCafferty. (gla) (Entered: 01/28/2022)
01/28/2022 14 JUDGMENT is hereby entered in accordance with 13 Order. Signed by Daniel J.
Lynch, Clerk of Court. (Case Closed). (de) (de). (Entered: 01/28/2022)
02/24/2022 15 Plaintiff's Rule 59(e) MOTION to Vacate 13 Order, 14 Judgment filed by Sensa
Verogna.Follow up on Objection on 3/10/2022. The court only follow up date DOES
NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).
(Attachments: # 1 Memorandum of Law, # 2 Declaration, # 3 Exhibit, # 4 Exhibit)(de)
(Entered: 02/25/2022)
03/10/2022 16 OBJECTION to 15 MOTION to Vacate 13 Order on Motion to Exceed,, Order on
Motion for Leave to File,,, 14 Judgment filed by Jonathan M. Eck. Follow up on Reply
on 3/17/2022. The court only follow up date DOES NOT include 3 additional days that
may apply per FRCP 6(d) and FRCrP 45(c). (Smith, Linda) (Entered: 03/10/2022)
03/10/2022 17 OBJECTION to 15 MOTION to Vacate 13 Order on Motion to Exceed,, Order on
Motion for Leave to File,,, 14 Judgment filed by Julie E. Schwartz. Follow up on
Reply on 3/17/2022. The court only follow up date DOES NOT include 3 additional
days that may apply per FRCP 6(d) and FRCrP 45(c). (Bagatell, Dan) (Entered:
03/10/2022)
03/17/2022 18 MOTION Rule 59(c) Motion to Permit a Reply Declaration filed by Sensa
Verogna.Follow up on Objection on 3/31/2022. The court only follow up date DOES
NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).
(Attachments: # 1 Attached Dec. of Material Facts)(de) (Entered: 03/21/2022)
03/17/2022 19 MOTION to Strike Defendant Schwartz's Objection to Motion for Reconsideration
filed by Sensa Verogna.Follow up on Objection on 3/31/2022. The court only follow
up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and
FRCrP 45(c).(de) (Entered: 03/21/2022)
03/17/2022 20 REPLY to Defendant Schwart's Objection to Motion re 15 MOTION to Vacate by
Sensa Verogna. Surreply due by 3/22/2022. (de) (Entered: 03/21/2022)
03/17/2022 21 MOTION to Strike Defendant Eck's Objection to Motion for Reconsideration filed by
Sensa Verogna.Follow up on Objection on 3/31/2022. The court only follow up date
DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP
45(c).(de) (Entered: 03/21/2022)
03/17/2022 22 REPLY to Defendant Eck's Objection to Motion re 15 MOTION to Vacate filed by
Sensa Verogna. Surreply due by 3/22/2022. (de) (Entered: 03/21/2022)
03/21/2022 23 Assented to MOTION to Correct Record filed by Sensa Verogna.(de) (Entered:
03/23/2022)
03/21/2022 24 REPLY to Defendant Schwartz's Objection to Motion re 15 MOTION to Vacate filed
by Sensa Verogna. (de) (Entered: 03/23/2022)
03/23/2022 ENDORSED ORDER granting 23 Motion to Correct Record. Text of Order:
Granted. So Ordered by Chief Judge Landya B. McCafferty. (gla) (Entered:
03/23/2022)
03/23/2022 25 ORDER denying 15 Motion to Vacate; granting in part and denying in part 18
Motion Rule 59(c) Motion to Permit a Reply Declaration; denying 19 Motion to
Strike Schwartz's Objection to Motion for Reconsideration; denying 21 Motion to
Strike Defendant Eck's Objection to Motion for Reconsideration. So Ordered by
Chief Judge Landya B. McCafferty. (gla) (Entered: 03/23/2022)
04/04/2022 26 MOTION for Clarification filed by Sensa Verogna.Follow up on Objection on
4/18/2022. The court only follow up date DOES NOT include 3 additional days that
may apply per FRCP 6(d) and FRCrP 45(c).(de) (Entered: 04/05/2022)
04/11/2022 27 OBJECTION to 26 MOTION to Clarify filed by Jonathan M. Eck. Follow up on Reply
on 4/18/2022. The court only follow up date DOES NOT include 3 additional days that
may apply per FRCP 6(d) and FRCrP 45(c). (Smith, Linda) (Entered: 04/11/2022)
04/14/2022 28 MOTION for Leave to File Reply filed by Sensa Verogna. Served on
4/14/2022.Follow up on Objection on 4/28/2022. The court only follow up date DOES
NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).
(Attachments: # 1 Proposed Reply)(de) (Entered: 04/15/2022)
04/15/2022 ENDORSED ORDER granting 28 Motion for Leave to File. Text of Order:
Granted. Plaintiff's motion for leave to file a reply is granted. Since the plaintiff is
not an electronic filer, the clerk's office shall docket the reply as a courtesy. So
Ordered by Chief Judge Landya B. McCafferty.(de) (Entered: 04/15/2022)
04/15/2022 29 REPLY to Objection to Motion re 26 MOTION to Clarify filed by Sensa Verogna.
Surreply due by 4/20/2022. (de) (Entered: 04/15/2022)
04/15/2022 ENDORSED ORDER denying 26 Motion for Clarification. Text of Order:
Verogna's motion for leave to file a reply (doc. no. 28) is granted. The court has
considered Verogna's reply (doc. no. 28−1/doc. 29). Verogna's Motion for
Clarification (doc. no. 26) is denied for the reasons in defendant Jonathan Eck's
objection (doc. no. 27). So Ordered by Chief Judge Landya B. McCafferty.(de)
(Entered: 04/15/2022)
04/21/2022 30 NOTICE OF APPEAL as to 13 Order on Motion to Exceed, Order on Motion for
Leave to File, 25 Order on Motion to Vacate, Order on Motion, Order on Motion to
Strike, 14 Judgment filed by Sensa Verogna. Filing fee $ 505, receipt number
14649021293.

NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF

Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf/. Counsel and pro
se parties should also review the First Circuit requirements for electronic filing
by visiting the CM/ECF Information section at
http://www.ca1.uscourts.gov/cmecf(de) (Entered: 04/29/2022)
04/29/2022 31 Appeal Cover Sheet as to 30 Notice of Appeal filed by Sensa Verogna. (de) (Entered:
04/29/2022)
05/09/2022 32 Amended Appeal Cover Sheet as to 30 Notice of Appeal filed by Sensa Verogna. (de)
(Entered: 05/09/2022)
05/09/2022 33 Clerk's Certificate transmitting Record on Appeal to US Court of Appeals documents
numbered 4/15/2022 Endorsed Order, 25, 14, 13 re 30 Notice of Appeal.(de) (Entered:
05/09/2022)
05/09/2022 34 Amended Clerk's Certificate transmitting Record on Appeal to US Court of Appeals
documents numbered 33, 32, 31, 30, 4/15/2022 Endorsed Order, 25, 14, and 13 re 30
Notice of Appeal. (de) (Entered: 05/09/2022)
05/10/2022 Appellate Case Number: First Circuit COA case no. 22−1364 re 30 Notice of Appeal
filed by Sensa Verogna.(de) (Entered: 05/10/2022)
11/14/2022 35 USCA JUDGMENT as to 30 Notice of Appeal filed by Sensa Verogna. Appellant
seeks review of the district court's judgment dismissing his complaint. We have
carefully reviewed the record and appellant's filings in this court, as well as all
properly judicially noticeable material. The judgment of the district court is affirmed
substantially for the reasons set forth in the district court's January 27 and March 23,
2022 orders. Appellant's motion to modify the record is denied. (de) (Entered:
11/15/2022)
01/06/2023 36 MANDATE of USCA as to 30 Notice of Appeal. In accordance with the judgment of
November 14, 2022, and pursuant to Federal Rule of Appellate Procedure 41(a), this
constitutes the formal mandate of this Court.(de) (Entered: 01/11/2023)
01/17/2023 37 MANDATE of USCA. In accordance with the judgment of November 14, 2022, and
pursuant to Federal Rule of Appellate Procedure 41(a), this constitutes the formal
mandate of this Court.(de) (Entered: 01/18/2023)