This case was last updated from U.S. Courts Of Appeals on 01/28/2022 at 01:51:01 (UTC).

McKenzie v. Brannan, et al

Case Summary

On 12/22/2020 McKenzie filed a Contract - Other Contract lawsuit against Brannan. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, First Circuit. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    20-2170

  • Filing Date:

    12/22/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

 

Party Details

Defendant / Appellees

AARON M. FREY, in his official capacity as Attorney General of the State of Maine

Augusta, ME 04333-0006

JAMES W. BRANNAN, as personal representative of The Estate of Robert Indiana

Plaintiff / Appellants

MICHAEL MCKENZIE, individually, and, d/b/a American Image Art

MICHAEL MCKENZIE, individually and d/b/a American Image Art

Attorney/Law Firm Details

Defendant / Appellee Attorneys

Linda Conti

6 State House Station

Augusta, ME 04333-0006

Christina M. Moyland

6 State House Station

Augusta, ME 04333-0006

Christina Moylan

Attorney at ME Attorney General's Office

6 State House Station

Augusta, ME 04333-0006

Linda J. Conti

Attorney at ME Attorney General's Office

109 Sewall St, Cross Office Bldg, 6Th Flr

Augusta, ME 04330

Aaron M. Frey

Attorney at ME Attorney General's Office

6 State House Station

Augusta, ME 04333-0006

Jessie F. Beeber

1270 Avenue Of The Americas

New York, NY 10104

Edward P. Boyle

1270 Avenue Of The Americas

New York, NY 10104

Bodie B. Colwell

Attorney at Preti Flaherty Beliveau & Pachios LLP

1 City Center, Po Box 9546

Portland, ME 04112-9546

Sigmund D. Schutz

1 City Center, Po Box 9546

Portland, ME 04112-9546

Seth W. Brewster

Attorney at Eaton Peabody

100 Middle St, Po Box 15235

Portland, ME 04112-5235

Alfred Joseph Falzone III

Attorney at Eaton Peabody

100 Middle St, Po Box 15235

Portland, ME 04112-5235

Plaintiff / Appellant Attorneys

Bridget A. Zerner

Attorney at Markham Read Zerner LLC

One Commercial Wharf West

Boston, MA 02110-0000

John J.E. Markham II

One Commercial Wharf West

Boston, MA 02110-0000

John J. E. Markham II

Attorney at Markham Read Zerner LLC

One Commercial Wharf West

Boston, MA 02110-0000

 

Court Documents

Open Document

MANDATE issued. [20-2170] (AL) [Entered: 12/13/2021 08:50 AM]

Open Document

JUDGMENT entered: The district court's grant of the motion to compel arbitration, the dismissal of the complaint, and the dismissal of the request for a preliminary injunction are vacated, and the matter is remanded for further proceedings consistent with the opinion issued this day. Each side to bear its own costs. 20-2170 Remanded . [20-2170] (AL) [Entered: 11/22/2021 03:18 PM]

Open Document

OPINION issued by Rogeriee Thompson, Appellate Judge; Michael Daly Hawkins,* Senior Appellate Judge and David J. Barron, Appellate Judge. Published. *Of the Ninth Circuit, sitting by designation.[20-2170] (AL) [Entered: 11/22/2021 03:14 PM]

Open Document

DESIGNATION of attorney presenting oral argument filed by Attorney John J.E. Markham, II for Appellant Michael McKenzie. Certificate of service dated 06/11/2021. [20-2170] (JJM) [Entered: 06/11/2021 11:58 AM]

Open Document

DESIGNATION of attorney presenting oral argument filed by Attorney Seth W. Brewster for Appellee James W. Brannan. Certificate of service dated 06/11/2021. [20-2170] (SWB) [Entered: 06/11/2021 11:42 AM]

Open Document

CASE calendared: Consistent with public health guidance and ongoing efforts to mitigate the risk of community transmission of COVID-19, the court will conduct oral argument remotely in this case on Monday, July 26, 2021 at 10:30 a.m., in lieu of in-person appearance. Check-in at 10:00 a.m. before court begins is required. There will be no continuance except for grave cause. Designation form due 06/18/2021. [20-2170] (DJT) [Entered: 06/11/2021 09:35 AM]

Open Document

REPLY BRIEF filed by Appellant Michael McKenzie. Certificate of service dated 05/28/2021. 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 06/08/2021 . [20-2170] (LIM) [Entered: 06/01/2021 08:43 AM]

Open Document

BRIEF tendered by Appellant Michael McKenzie. [20-2170] (JJM) [Entered: 05/28/2021 07:52 PM]

Open Document

Open Document

Open Document

Open Document

Open Document

Open Document

Open Document

Open Document #3

Notice Regarding Native PDF

Open Document #2

Case Opening Notice

Open Document #1

Abbreviated Record

36 More Documents Available

 

Docket Entries

  • 12/13/2021
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  • DocketMANDATE issued. [20-2170] (AL) [Entered: 12/13/2021 08:50 AM]

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  • 11/22/2021
  • View Court Documents
  • DocketJUDGMENT entered: The district court's grant of the motion to compel arbitration, the dismissal of the complaint, and the dismissal of the request for a preliminary injunction are vacated, and the matter is remanded for further proceedings consistent with the opinion issued this day. Each side to bear its own costs. 20-2170 Remanded . [20-2170] (AL) [Entered: 11/22/2021 03:18 PM]

    Read MoreRead Less
  • 11/22/2021
  • View Court Documents
  • DocketOPINION issued by Rogeriee Thompson, Appellate Judge; Michael Daly Hawkins,* Senior Appellate Judge and David J. Barron, Appellate Judge. Published. *Of the Ninth Circuit, sitting by designation.[20-2170] (AL) [Entered: 11/22/2021 03:14 PM]

    Read MoreRead Less
  • 07/26/2021
  • DocketCASE argued. Panel: Rogeriee Thompson, Appellate Judge; Michael Daly Hawkins, Senior Appellate Judge and David J. Barron, Appellate Judge. Arguing attorneys: John J. E. Markham, II for Michael McKenzie and Seth W. Brewster for James W. Brannan. [20-2170] (DJT) [Entered: 07/26/2021 03:29 PM]

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  • 06/11/2021
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  • DocketDESIGNATION of attorney presenting oral argument filed by Attorney John J.E. Markham, II for Appellant Michael McKenzie. Certificate of service dated 06/11/2021. [20-2170] (JJM) [Entered: 06/11/2021 11:58 AM]

    Read MoreRead Less
  • 06/11/2021
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  • DocketDESIGNATION of attorney presenting oral argument filed by Attorney Seth W. Brewster for Appellee James W. Brannan. Certificate of service dated 06/11/2021. [20-2170] (SWB) [Entered: 06/11/2021 11:42 AM]

    Read MoreRead Less
  • 06/11/2021
  • View Court Documents
  • DocketCASE calendared: Consistent with public health guidance and ongoing efforts to mitigate the risk of community transmission of COVID-19, the court will conduct oral argument remotely in this case on Monday, July 26, 2021 at 10:30 a.m., in lieu of in-person appearance. Check-in at 10:00 a.m. before court begins is required. There will be no continuance except for grave cause. Designation form due 06/18/2021. [20-2170] (DJT) [Entered: 06/11/2021 09:35 AM]

    Read MoreRead Less
  • 06/07/2021
  • DocketNINE (9) paper copies of reply brief [ # 6425215-2 ] submitted by Appellant Michael McKenzie. [20-2170] (AJ) [Entered: 06/07/2021 04:32 PM]

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  • 06/01/2021
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  • DocketREPLY BRIEF filed by Appellant Michael McKenzie. Certificate of service dated 05/28/2021. 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 06/08/2021 . [20-2170] (LIM) [Entered: 06/01/2021 08:43 AM]

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  • 05/28/2021
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  • DocketBRIEF tendered by Appellant Michael McKenzie. [20-2170] (JJM) [Entered: 05/28/2021 07:52 PM]

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22 More Docket Entries
  • 01/19/2021
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  • DocketBRIEFING schedule set. Brief and Appendix due 03/01/2021 for appellant Michael McKenzie. 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. Please see the court's general order issued April 20, 2020, requiring the electronic filing of appendices. [20-2170] (AL) [Entered: 01/19/2021 04:32 PM]

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  • 01/13/2021
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  • DocketNOTICE of appearance on behalf of Appellee Aaron M. Frey filed by Attorney Linda J. Conti. Certificate of service dated 01/13/2021. [20-2170] (LJC) [Entered: 01/13/2021 01:57 PM]

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  • 01/08/2021
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  • DocketNOTICE of appearance on behalf of Appellee Aaron M. Frey filed by Attorney Christina M. Moylan. Certificate of service dated 01/08/2021. [20-2170] (CM) [Entered: 01/08/2021 11:00 AM]

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  • 01/08/2021
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  • DocketNOTICE issued. After 01/22/2021, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Jessie F. Beeber for James W. Brannan, Bodie B. Colwell for James W. Brannan, Linda Conti for Aaron M. Frey and Aaron M. Frey for Aaron M. Frey. [20-2170] (AL) [Entered: 01/08/2021 09:18 AM]

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  • 12/24/2020
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  • DocketTRANSCRIPT report/order form filed by Appellant Michael McKenzie indicating transcripts are not necessary for this appeal. Certificate of service dated 12/24/2020. [20-2170] (BAZ) [Entered: 12/24/2020 01:11 PM]

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  • 12/24/2020
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  • DocketDOCKETING statement filed by Appellant Michael McKenzie. Certificate of service dated 12/24/2020. [20-2170] (BAZ) [Entered: 12/24/2020 01:10 PM]

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  • 12/24/2020
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  • DocketNOTICE of appearance on behalf of Appellant Michael McKenzie filed by Attorney Bridget A. Zerner. Certificate of service dated 12/24/2020. [20-2170] (BAZ) [Entered: 12/24/2020 12:38 PM]

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  • 12/24/2020
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  • DocketNOTICE of appearance on behalf of Appellant Michael McKenzie filed by Attorney John J.E. Markham, II. Certificate of service dated 12/24/2020. [20-2170] (JJM) [Entered: 12/24/2020 12:37 PM]

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  • 12/24/2020
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  • DocketNOTICE of appearance on behalf of Appellee James W. Brannan filed by Attorney Sigmund D. Schutz. Certificate of service dated 12/24/2020. [20-2170] (SDS) [Entered: 12/24/2020 11:43 AM]

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  • 12/22/2020
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  • DocketCIVIL CASE docketed. Notice of appeal (doc. #69) filed by Appellant Michael McKenzie. Docketing Statement due 01/06/2021. Transcript Report/Order form due 01/06/2021. Appearance form due 01/06/2021. [20-2170] (AL) [Entered: 12/23/2020 04:06 PM]

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