Assented-To Motion to Stay Proceedings Pending Appeal — Calvary Chapel of Bangor v. Mills (D. Me., 5/25/2020)

Summary

Defendant's Assented-To Motion to Stay Further Proceedings Pending Appeal in Calvary Chapel of Bangor v. Janet Mills, Civil Action No. 1:20-cv-00156-NT, District of Maine. Defendant Janet Mills, in her official capacity as the Governor of the State of Maine, asks the Court to stay further proceedings pending a further order or guidance from the First Circuit in Plaintiff's appeal of the order denying Plaintiff's Motion for a Temporary Restraining Order. The motion states that the case concerns the constitutionality of the Governor's executive order limiting gatherings in light of the COVID-19 pandemic. It states that an injunction pending appeal was denied on May 15, 2020, and that Plaintiff has no objection to a stay. The motion is dated May 25, 2020.

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Full text

 Case 1:20-cv-00156-NT Document 35 Filed 05/25/20 Page 1 of 3                     PageID #: 377



                             UNITED STATES DISTRICT COURT
                                       FOR THE
                                  DISTRICT OF MAINE


 CALVARY CHAPEL OF BANGOR,
        Plaintiff,
                v.                                    CIVIL ACTION NO.: 1:20-cv-00156-NT

 JANET MILLS, in her official capacity as the
 Governor of the State of Maine,
        Defendant.


                        DEFENDANT’S ASSENTED-TO MOTION TO
                     STAY FURTHER PROCEEDINGS PENDING APPEAL

       Defendant respectfully requests that further proceedings in this Court be stayed pending a

further order or guidance from the First Circuit in Plaintiff’s appeal of this Court’s order denying

Plaintiff’s Motion for a Temporary Restraining Order. In support, Defendant states as follows:

   1. At issue in this case is the constitutionality of the Governor’s executive order limiting

       gatherings in light of the COVID-19 pandemic as it relates to the Plaintiff’s ability to

       conduct religious activities.

   2. On May 5, 2020, Plaintiff filed a Motion for a Temporary Restraining Order (TRO)

       seeking to enjoin enforcement of the gathering restrictions in the Governor’s executive

       order.

   3. On May 9, 2020, following an expedited response from Defendant, the Court entered an

       order denying the TRO.

   4. Also on May 9, 2020, Plaintiff filed a Notice of Appeal to the United States Court of

       Appeals for the First Circuit of this Court’s order denying the TRO.
 Case 1:20-cv-00156-NT Document 35 Filed 05/25/20 Page 2 of 3                      PageID #: 378



   5. Plaintiff subsequently sought an injunction pending appeal from this Court, which was

       denied on May 15, 2020. Plaintiff is currently seeking an injunction pending appeal from

       the First Circuit.

   6. “[T]he First Circuit's response to the interlocutory appeal is likely to inform the future

       handling of the case, and may well affect the nature and scope of discovery.” Bruns v.

       Mayhew, No. 1:12-CV-00131-JAW, 2013 WL 12234023, at *2 (D. Me. May 24, 2013).

       Potential guidance from the First Circuit may also “assist[] the expeditious and cost-

       effective resolution of this lawsuit.” Id.

   7. Plaintiff has no objection to further proceedings in this Court being stayed pending a

       further order or guidance from the First Circuit.

       Wherefore, the Defendant respectfully requests that further proceedings in this Court be

stayed pending a further order or guidance from the First Circuit in Plaintiff’s appeal.



Dated: May 25, 2020                                     /s/ Christopher C. Taub
                                                        Christopher C. Taub, Dep. Atty. Gen.
                                                        Christopher.C.Taub@maine.gov
                                                        Sarah A. Forster, Asst. Atty. Gen.
                                                        Sarah.Forster@maine.gov
                                                        Six State House Station
                                                        Augusta, Maine 04333-0006
                                                        Tel. (207) 626-8800
                                                        Fax (207) 287-3145




                                                    2
 Case 1:20-cv-00156-NT Document 35 Filed 05/25/20 Page 3 of 3                     PageID #: 379



                                CERTIFICATE OF SERVICE

       I hereby certify that on this, the 25th day of May, 2020, I electronically filed the above

document with the Clerk of Court using the CM/ECF system, which will send notification of

such filing to the following:

CHARLES W. HODSDON , II
cwh@hodsdonlaw.com

RICHARD B. KATSKEE
katskee@au.org

ALEXANDER JOSEPH LUCHENITSER
luchenitser@au.org

HORATIO G. MIHET
hmihet@lc.org

DANIEL J. SCHMID
dschmid@lc.org

DAVID SOLEY
dsoley@bssn.com

MATHEW D. STAVER
court@lc.org

KENNETH D. UPTON , JR
upton@au.org.


                                                     /s/ Christopher C. Taub
                                                     CHRISTOPHER C. TAUB
                                                     Deputy Attorney General
                                                     Six State House Station
                                                     Augusta, Maine 04333-0006
                                                     Tel. (207) 626-8800
                                                     Fax (207) 287-3145




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