SUPREME JUDICIAL COURT
for the Commonwealth
Case Docket

DAWN DESROSIERS & others vs. GOVERNOR
SJC-12983

CASE HEADER
Case Status Decided, cert. denied
Status Date 10/07/2021
Nature Injunction
Entry Date 07/16/2020
Appellant Plaintiff
Case Type Civil
Brief Status
Brief Due
Quorum Lenk, Gaziano, Lowy, Budd, Cypher, Kafker, JJ.
Argued Date 09/11/2020
Decision Date 12/10/2020
AC/SJ Number SJ-2020-0505
Citation 486 Mass. 369
DAR/FAR Number
Lower Ct Number SJ-2020-0505
Lower Court SJC for Suffolk County
Lower Ct Judge Barbara A. Lenk, J.
Route to SJC Direct Entry: Single Justice Reservation & Report
PARTY  /  ATTORNEY
INVOLVED PARTY
ATTORNEY APPEARANCE
Dawn Desrosiers
Petitioner/Appellant
Blue br, app & reply br filed
Danielle Webb, Esquire
Michael P. DeGrandis, Pro Hac Vice Attorney
Susan Kupelian
Petitioner/Appellant
On brief of another party
Danielle Webb, Esquire
Michael P. DeGrandis, Pro Hac Vice Attorney
Nazareth Kupelian
Petitioner/Appellant
On brief of another party
Danielle Webb, Esquire
Michael P. DeGrandis, Pro Hac Vice Attorney
Naz Kupelian Salon
Petitioner/Appellant
On brief of another party
Carla Agrippino-Gomes
Petitioner/Appellant
On brief of another party
Danielle Webb, Esquire
Michael P. DeGrandis, Pro Hac Vice Attorney
Terramia, Inc.
Petitioner/Appellant
On brief of another party
Antico Forno, Inc.
Petitioner/Appellant
On brief of another party
James P. Montoro
Petitioner/Appellant
On brief of another party
Danielle Webb, Esquire
Michael P. DeGrandis, Pro Hac Vice Attorney
Pioneer Valley Baptist Church Incorporated
Petitioner/Appellant
On brief of another party
Kelli Fallon
Petitioner/Appellant
On brief of another party
Danielle Webb, Esquire
Michael P. DeGrandis, Pro Hac Vice Attorney
Bare Bottom Tanning Salon
Petitioner/Appellant
On brief of another party
Thomas E. Fallon
Petitioner/Appellant
On brief of another party
Danielle Webb, Esquire
Michael P. DeGrandis, Pro Hac Vice Attorney
Robert Walker
Petitioner/Appellant
On brief of another party
Danielle Webb, Esquire
Michael P. DeGrandis, Pro Hac Vice Attorney
Apex Entertainment, LLC
Petitioner/Appellant
On brief of another party
Devens Common Conference Center, LLC
Petitioner/Appellant
On brief of another party
Luis Morales
Petitioner/Appellant
On brief of another party
Danielle Webb, Esquire
Michael P. DeGrandis, Pro Hac Vice Attorney
Vida Real Evangelical Center
Petitioner/Appellant
On brief of another party
Ben Haskell
Petitioner/Appellant
Blue br, app & reply br filed
Danielle Webb, Esquire
Michael P. DeGrandis, Pro Hac Vice Attorney
Trinity Christian Academy of Cape Cod
Petitioner/Appellant
On brief of another party
Governor
Respondent/Appellee
Red brief filed
1 Enl, 3 Days
Massachusetts Health & Hospital Association
Amicus
Amicus brief filed
Shawn C. Dooley
Amicus
Awaiting green brief
DOCUMENTS
DOCKET ENTRIES
Entry Date  Paper   Entry Text
07/16/2020 #1 Entered.
07/20/2020 Filing fee of $300 received from Attorney Michael DeGrandis.
08/03/2020 #2 Appellants' brief filed for Dawn Desrosiers & others by Attorney Danielle Webb, Michael P. DeGrandis. (See Paper 6).
08/03/2020 #3 Addendum filed for Dawn Desrosiers & others by Attorney Danielle Webb, Michael P. DeGrandis. (See Paper 6).
08/03/2020 #4 Addendum filed for Dawn Desrosiers & others by Attorney Danielle Webb, Michael P. DeGrandis. (See Paper 6).
08/03/2020 #5 Addendum filed for Dawn Desrosiers & others by Attorney Danielle Webb, Michael P. DeGrandis. (See Paper 6).
08/04/2020 #6 Substitute Appellants' brief with Addendum, filed for Dawn Desrosiers & others by Attorney Danielle Webb, Michael P. DeGrandis.
08/06/2020 #7 ANNOUNCEMENT: The Justices are soliciting amicus briefs.

1. Whether the Civil Defense Act, St. 1950, c. 639, provides authority for the Governor's declaration of a state of emergency relative to the COVID-19 pandemic on March 10, 2020, and issuance of emergency orders pursuant to the emergency declaration; if so, whether any such order violates separation of powers principles. 2. Whether the emergency orders issued by the Governor pursuant to his declaration of a state of emergency on March 10, 2020, violate the Federal or State constitutional rights of the plaintiffs -- two hair salons, a tanning salon and boxing gym, and two restaurants, as well as the respective owners of those businesses; two houses of worship and their pastors; the head of a religious academy; and an entertainment center and conference center -- to procedural and substantive due process or free assembly.
08/11/2020 #8 ORDERED for argument on September 11. Notice sent.
08/14/2020 The clerk's office has received the appellants' substitute brief with addendum through e-fileMA. The brief has been accepted for filing and entered on the docket. The appellants shall file with the clerk 4 copies of the brief within 5 days. The clerk's office may require additional copies if necessary.
08/18/2020 #9 NOTICE: Please read this notice carefully.

The court has implemented strict protocols related to the COVID-19 pandemic to promote the safety of the parties, court personnel, and the Justices:

- health screening protocols will require persons entering the courthouse to complete a brief health questionnaire and have their temperature taken with a contactless thermometer;

- a mask or face covering is required for any person entering the courthouse;

- after entry into the courthouse, all persons will be required to remain socially distanced;

- hand sanitizing stations have been placed in numerous locations within the courthouse;

- all persons within the courtroom, including the Justices and court personnel, will be socially distanced;

- glass barriers will separate those arguing from the Justices;

- counsel tables have been moved 15 feet away the bench;

- persons arguing will not share a podium and will argue from separate podiums on each table; and

- court personnel will sanitize the podium area after each argument.

A more detailed oral argument protocol will be available prior to argument.
08/17/2020 #10 Motion to File Amicus Brief late, filed for Massachusetts Health and Hospital Association by Attorney Emily Musgrave, Elissa Flynn-Poppey, Andrew Nathanson. (The motion to file late is referred to the quorum, which shall consider the motion after argument.)
08/19/2020 #11 Additional 4 copies of appellants' substitute brief with addendum filed by Dawn Desrosiers & others.
08/21/2020 #12 Opposition to Motion to file amicus brief, filed for Dawn Desrosiers & others by Attorney Danielle Webb.
08/24/2020 #13 Response to appellants' opposition to motion to file amicus brief late, filed for Massachusetts Health and Hospital Association by Attorney Emily Musgrave.
08/28/2020 #14 Appendix filed for Governor of Massachusetts by Attorney Douglas Martland.
08/28/2020 #15 Appellee brief filed for Governor of Massachusetts by Attorney Douglas Martland.
08/28/2020 The clerk's office has received the brief and record appendix of the Governor, which have been accepted for filing and entered on the docket. Three copies of the brief and 2 copies of appendix shall be filed by September 4, 2020. The clerk's office may require additional copies if necessary.
09/02/2020 #16 Motion to File Amicus Brief filed for Massachusetts State Representative Shawn C. Dooley by Attorney John Sten. (Referred to the Quorum)
09/02/2020 #16.5 Amicus Brief filed for Massachusetts State Representative Shawn C. Dooley by Attorney John Sten.
09/02/2020 #17 Reply brief filed for Dawn Desrosiers & others by Attorney Danielle Webb.
09/03/2020 The clerk's office has received the appellants' reply brief through e-fileMA. The brief has been accepted for filing and entered on the docket. The appellants shall file with the clerk 4 copies of the brief within 5 days. The clerk's office may require additional copies if necessary.
09/04/2020 #18 Additional 3 copies of appellee's brief and 2 copies of appendix filed by Governor of Massachusetts.
09/04/2020 #19 Amicus brief filed for Massachusetts Health & Hospital Association, Massachusetts Medical Society and Organization of Nurse Leaders by Attorney Elissa Flynn-Poppey, Emily Musgrave, Andrew Nathanson.
09/04/2020 The clerk's office has received the amicus brief through e-fileMA. The brief has been accepted for filing and entered on the docket. The amici (Massachusetts Health & Hospital Association & others) shall file with the clerk 4 copies of the brief within 5 days. The clerk's office may require additional copies if necessary.
09/08/2020 #20 Additional 4 copies of amicus brief filed by Massachusetts Health & Hospital Association & others.
09/09/2020 #21 Additional 4 copies of appellants' reply brief filed by Dawn Desrosiers & others/
09/11/2020 Oral argument held. (Gants, C.J., Lenk, J., Gaziano, J., Lowy, J., Budd, J., Cypher, J., Kafker, J.).   View Webcast View Webcast
10/06/2020 #22 Supplemental Citation filed for Dawn Desrosiers & others by Attorney Danielle Webb.
11/30/2020 #23 Supplemental Citation filed for Dawn Desrosiers & others by Attorney Danielle Webb.
12/10/2020 #24 RESCRIPT (Full Opinion): We conclude that the Civil Defense Act provides the Governor with the authority for his March 10, 2020, declaration of a state of emergency in response to the COVID-19 pandemic and for his issuance of the emergency orders; the emergency orders do not violate art. 30 of the Massachusetts Declaration of Rights; and they do not violate the plaintiffs' Federal or State constitutional rights to procedural and substantive due process or free assembly. (By the Court)
01/08/2021 RESCRIPT ISSUED to trial court.
05/21/2021 #25 Notice: Certiorari petition filed in U.S. Supreme Court.
10/07/2021 #26 Notice: Certiorari denied by U.S. Supreme Court.