American Trucking Associations, Inc. et al v. Alviti
| New England Motor Freight, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc. and American Trucking Associations, Inc. |
| Peter Alviti, Jr. |
| Rhode Island Turnpike and Bridge Authority |
| Governor Gina M. Raimondo, Speaker Nicholas Mattiello and Representative Stephen Ucci |
| 1:2018cv00378 |
| July 10, 2018 |
| US District Court for the District of Rhode Island |
| Providence Office |
| Providence |
| William E Smith |
| Patricia A Sullivan |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on September 21, 2022. A more recent docket listing may be available from PACER.
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Filing 246
JUDGMENT : Judgment hereby enters for the Plaintiffs, American Trucking Associations, Inc., Cumberland Farms, Inc, M&M Transport Services, Inc., and New England Motor Freight, Inc. against Defendants Peter Alviti, Jr. in his Official Capacity as Director of The Rhode Island Department of Transportation and Rhode Island Turnpike and Bridge Authority pursuant to the Findings of Fact and Conclusions of Law entered on September 21th, 2022 by this Court. So Ordered by District Judge William E. Smith on 9/21/2022. (Potter, Carrie)
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Filing 245
FINDINGS OF FACT AND CONCLUSIONS OF LAW. RhodeWorks fails to fairly apportion its tolls among bridge users based on a fair approximation of their use of the bridges, was enacted with a discriminatory purpose, and is discriminatory in effect, the statutes tolling regime is unconstitutional under the dormant Commerce Clause of the United States Constitution. Plaintiffs request for a permanent injunction is GRANTED, and RhodeWorks tolling system is enjoined. The Court specifically orders the following: 1. Under 28 U.S.C 2201, judgment shall enter declaring R.I. Gen. Laws 42-13.1-4(a), which precludes tolling any vehicle except large commercial trucks, along with its implementing regulations, unconstitutional. 2. Defendants are permanently enjoined from charging or collecting tolls pursuant to R.I. General Laws 42-13.1-4, or from enforcing nonpayment of such tolls through penalty for nonpayment or avoidance under R.I. Gen. Laws 42-13.1-11, 12. This injunction shall take effect 48 hours following entry of final judgment. 3. The clerk is directed to enter final judgment in favor of Plaintiffs. 4. The Court defers ruling on Plaintiffs request for attorneys fees and costs (including expert-witness fees) pursuant to 42 U.S.C. 1988. The motion for fees and costs shall not be filed until after any appeal is decided and a mandate is issued or, if no appeal is taken, until the period for entering a Notice of Appeal expires. See Local Rule 54.1 (setting deadline for motion for attorneys fees [u]nless otherwise ordered by the Court). From that time the prevailing party will have fourteen days to file a motion for fees and costs, with an accompanying bill of costs, as set forth in Local Rules 54.1 and 54. Plaintiffs Motion to Reopen, ECF No. #221 , is GRANTED;Defendants Motion for Judgment on Partial Findings, ECF No. #222 , is DENIED;Defendants Motion in Limine No. 1, ECF No. #166 , is DENIED;Plaintiffs Motion to Exclude Evidence Related to the Rhode Island Department of Transportations Road System Budget, ECF No. #181 , is DENIED. So Ordered by District Judge William E. Smith on 9/21/2022. (Potter, Carrie)
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DOCKET NOTE: Deposition designations of the following individuals are maintained in the Clerk's Office: David Aron, Charles St Martin, Daniel Waugh, David Fish, Duncan Kisia, Edward Regan, John-Paul Verducci, Jonathan Womer, Julie Oakley, Kathryn OConnor, Peter Garino, and Darrin Roth. (Simoncelli, Michael)
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Filing 244
TRANSCRIPT of Bench trial held on 05/31/2022 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 10/4/2022. Redacted Transcript Deadline set for 10/14/2022. Release of Transcript Restriction set for 12/12/2022. (Schwam, Lisa)
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Filing 243
TRANSCRIPT of Bench trial held on 06/13/2022 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 10/3/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/9/2022. (Schwam, Lisa)
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Filing 242
TRANSCRIPT of Bench trial held on 06/10/2022 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 10/3/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/9/2022. (Schwam, Lisa)
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Filing 241
TRANSCRIPT of Bench trial held on 06/06/2022 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 10/3/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/9/2022. (Schwam, Lisa)
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Filing 240
TRANSCRIPT of Bench trial held on 06/03/2022 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 10/3/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/9/2022. (Schwam, Lisa)
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Filing 239
TRANSCRIPT of Bench trial held on 06/02/2022 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 10/3/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/9/2022. (Schwam, Lisa)
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Filing 238
TRANSCRIPT of Bench trial held on 06/01/2022 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 10/3/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/9/2022. (Schwam, Lisa)
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Filing 237
TRANSCRIPT of Bench trial held on 05/27/2022 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 10/3/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/9/2022. (Schwam, Lisa)
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Filing 236
TRANSCRIPT of Bench trial held on 05/26/2022 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 10/3/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/9/2022. (Schwam, Lisa)
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Filing 235
TRANSCRIPT of Bench trial held on 05/25/2022 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 10/3/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/9/2022. (Schwam, Lisa)
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Filing 234
TRANSCRIPT of Bench trial held on 05/24/2022 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 10/3/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/9/2022. (Schwam, Lisa)
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Filing 233
TRANSCRIPT of Bench trial held on 05/23/2022 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 10/3/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/9/2022. (Schwam, Lisa)
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Filing 232
NOTICE by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc. of Withdrawal of Appearance of Sean McDonnell (Ruggieri, James)
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Filing 231
Plaintiffs' Reply in Support of their Post TRIAL BRIEF by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc..(Goeke, Reginald)
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Filing 230
Defendants' Response to Plaintiffs' TRIAL BRIEF by Peter Alviti, Jr, Rhode Island Turnpike and Bridge Authority.(Benjamin, Nicole)
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Filing 229
POST TRIAL BRIEF by Peter Alviti, Jr, Rhode Island Turnpike and Bridge Authority. (Benjamin, Nicole)
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Filing 228
POST TRIAL BRIEF by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. (Goeke, Reginald)
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TEXT ORDER re briefing schedule for post-trial briefs. As discussed, the parties' post-trial briefs are due by July 1, 2022. Further, the Court revises the response deadline as follows: Any responsive briefs are due by July 8, 2022, at 5 p.m. So Ordered by District Judge William E. Smith on 6/24/2022. (Urizandi, Nissheneyra)
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Filing 227
Exhibit/Witness List for the Bench Trial held on 5/23/2022 - 6/13/2022. (Urizandi, Nissheneyra)
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TEXT ORDER granting #226 Motion to Seal. So Ordered by District Judge William E. Smith on 6/13/2022. (Urizandi, Nissheneyra)
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Minute Entry for proceedings held before District Judge William E. Smith: Bench Trial completed on 6/13/2022. Present: Reginald R. Goeke, Sean P. McDonnell, Michelle Webster, and James R. Ruggieri, John A. Tarantino, Nicole J. Benjamin, R. Bart Totten, and Keith Hoffmann. The court conditionally grants the plaintiff's motion to reopen and conditionally denies the motion to dismiss. Plaintiffs begin their presentation of evidence. Three witnesses are sworn and questioned; Forty-four exhibits entered and admitted as full. Plaintiffs conclude their presention of the evidence re the reopening case. Plaintiffs and defendants each give their closing arguments. Post trial briefs are due by 7/1/2022; Replies are due 7/15/2022. (Court Reporter Lisa Schwam in Courtroom 3 at 9:00 AM.) (Urizandi, Nissheneyra)
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Filing 226
MOTION to Seal Exhibit PX759 Filed. Notice Sent To: M&M Transport Services, Inc., Cumberland Farms, Inc., American Trucking Associations, Inc., Peter Alviti, Jr, Rhode Island Turnpike and Bridge Authority. (Attachments: #1 Exhibit PX759)(Ruggieri, James) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
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Filing 225
RESPONSE In Opposition to #221 MOTION to Reopen Case filed by All Defendants. Replies due by 6/21/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Benjamin, Nicole)
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Minute Entry for proceedings held before District Judge William E. Smith: Bench Trial held on 6/10/2022. Present: Reginald R. Goeke, Sean P. McDonnell, Michelle Webster, and James R. Ruggieri, John A. Tarantino, Nicole J. Benjamin, R. Bart Totten, and Keith Hoffmann. Discussions re the deposition designations and motion to reopen plaintiff's presentation of the evidence. Four witnesses sworn and questioned; Fifty-seven exhibits entered (fifty-five full, two for ID only). The defendants rest. (Court Reporter Lisa Schwam in Courtroom 3 at 9:10 AM.) (Urizandi, Nissheneyra)
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NOTICE of Hearing: Bench Trial set for 6/13/2022 at 09:00 AM in Courtroom 3 before District Judge William E. Smith. (Simoncelli, Michael)
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Filing 224
NOTICE by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc. re #223 Memorandum in Support, Offer of Proof (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ruggieri, James)
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Filing 223
MEMORANDUM IN SUPPORT by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc. in support of #221 MOTION to Reopen Case and in Opposition to Motion To Dismiss. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Ruggieri, James)
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Filing 222
MOTION for Judgment on Partial Findings filed by All Defendants. Responses due by 6/22/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Benjamin, Nicole)
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Filing 221
MOTION to Reopen Case filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc.. Responses due by 6/22/2022. (Ruggieri, James)
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NOTICE of Hearing: Bench Trial set for 6/10/2022 at 9:00 AM in Courtroom 3 before District Judge William E. Smith. (Urizandi, Nissheneyra)
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Minute Entry for proceedings held before District Judge William E. Smith: Bench Trial held on 6/6/2022. Present: Reginald R. Goeke, Sean P. McDonnell, Michelle Webster, and James R. Ruggieri, John A. Tarantino, Nicole J. Benjamin, R. Bart Totten, and Keith Hoffmann. Plaintiffs' counsel continues the cross examination of witness no. 10. Two additional witnesses sworn and questioned; Eleven exhibits entered (7 admitted full, 2 admitted full de bene, 2 ID only). Recess. (Court Reporter Lisa Schwam in Courtroom 3 at 8:55 a.m.) (Urizandi, Nissheneyra)
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NOTICE of Hearing: Bench Trial set for 6/6/2022 at 9:00 AM in Courtroom 3 before District Judge William E. Smith. (Urizandi, Nissheneyra)
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Minute Entry for proceedings held before District Judge William E. Smith: Bench Trial held on 6/3/2022. Present: Reginald R. Goeke, Sean P. McDonnell, Michelle Webster, and James R. Ruggieri, John A. Tarantino, Nicole J. Benjamin, R. Bart Totten, and Keith Hoffmann. Plaintiff's counsel continues with the examination of witness No. 9. One new witness sworn and questioned; Five exhibits entered (2 admitted as full, 3 ID only). Recess. (Court Reporter Lisa Schwam in Courtroom 3 at 8:30 a.m.) (Urizandi, Nissheneyra)
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NOTICE of Hearing: Bench Trial set for 6/3/2022 at 08:30 AM in Courtroom 3 before District Judge William E. Smith. (Potter, Carrie)
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Minute Entry for proceedings held before District Judge William E. Smith: Bench Trial held on 6/2/2022: Bench Trial Day 8: Reginald R. Goeke, Sean P. McDonnell, Colleen M. Campbell, M. Whitaker and James R. Ruggieri, John A. Tarantino, Nicole J. Benjamin, R. Bart Totten, and Keith Hoffmann. Defense continues with the examination of witness no. 8. One additional witness sworn and questioned. 2 exhibits entered (1 admitted as full, 1 ID only). Briefs regarding Motion to Dismiss due on 6/8/20 by 5:00 pm. Recess. (Court Reporter L. Schwam in Courtroom 3 at 8:58 am.) (Potter, Carrie)
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Minute Entry for proceedings held before District Judge William E. Smith: Bench Trial Day 7 held on 6/1/2022. Present: Reginald R. Goeke, Sean P. McDonnell, Colleen M. Campbell, and James R. Ruggieri, John A. Tarantino, Nicole J. Benjamin, R. Bart Totten, and Keith Hoffmann. Defense continues with the examination of witness no. 6. One additional witness sworn and questioned. Plaintiff rests. Defense moves to dismiss; arguments heard; court takes motion under advisement. The defense begins its presentation of the evidence. One witness sworn and questioned. Seventy-three exhibits entered (71 admitted as full, 2 ID only). Recess. (Court Reporter Lisa Schwam in Courtroom 3 at 9:05 a.m.) (Urizandi, Nissheneyra)
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NOTICE of Hearing: Bench Trial set for 6/2/2022 at 9:00 AM in Courtroom 3 before District Judge William E. Smith. (Urizandi, Nissheneyra)
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Minute Entry for proceedings held before District Judge William E. Smith: Bench Trial held on 5/31/2022. Present: Reginald R. Goeke, Sean P. McDonnell, Michelle Webster, and James R. Ruggieri, John A. Tarantino, Nicole J. Benjamin, R. Bart Totten, and Keith Hoffmann. Plaintiff continues with the examination of witness no. 6. Seventy-two exhibits entered (60 full, 12 for ID only). (Court Reporter Lisa Schwam in Courtroom 3 at 9:10 a.m.) (Urizandi, Nissheneyra)
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NOTICE of Hearing: Bench Trial Day 7 set for 6/1/2022 at 09:00 AM in Courtroom 3 before District Judge William E. Smith. (Urizandi, Nissheneyra)
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NOTICE of Hearing: Bench Trial - Day 5 set for 5/27/2022 at 9:00 AM in Courtroom 3 before District Judge William E. Smith. (Urizandi, Nissheneyra)
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Minute Entry for proceedings held before District Judge William E. Smith: Bench Trial held on 5/27/2022. Present: Reginald R. Goeke, Sean P. McDonnell, Michelle Webster, and James R. Ruggieri, John A. Tarantino, Nicole J. Benjamin, R. Bart Totten, and Keith Hoffmann. Discussion had re next week's trial schedule. Defendants withdraw their Rule 106 deposition designations. Defendants continue with the examination of witness no. 5. One new witness sworn and questioned. Five exhibits entered (4 full, 1 ID only). Recess. (Court Reporter Lisa Schwam in Courtroom 3 at 9:00 a.m.) (Urizandi, Nissheneyra)
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Minute Entry for proceedings held before District Judge William E. Smith: Bench Trial held on 5/26/2022. Present: Reginald R. Goeke, Sean P. McDonnell, Michelle Webster, and James R. Ruggieri, John A. Tarantino, Nicole J. Benjamin, R. Bart Totten, and Keith Hoffmann. Counsel address the deposition designations. Plaintiff continues with the examination of witness no. 5. Ten exhibits entered (9 full, 1 ID only). Recess. (Court Reporter Lisa Schwam in Courtroom 3 at 9:00 a.m.) (Urizandi, Nissheneyra)
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NOTICE of Hearing: Bench Trial - Day 4 set for 5/26/2022 at 9:00 AM in Courtroom 3 before District Judge William E. Smith. (Urizandi, Nissheneyra)
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Minute Entry for proceedings held before District Judge William E. Smith: Bench Trial Day held on 5/25/2022. Present: Reginald R. Goeke, Sean P. McDonnell, Michelle Webster, and James R. Ruggieri, John A. Tarantino, Nicole J. Benjamin, R. Bart Totten, and Keith Hoffmann. Plaintiff's counsel continues to question witness no. 4; one other witness sworn and questioned. Twenty-one exhibits entered (twenty admitted as full, one admitted as de bene). Recess. (Court Reporter Lisa Schwam in Courtroom 3 at 9:05 a.m.) (Urizandi, Nissheneyra)
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NOTICE of Hearing: Bench Trial - Day 3 set for 5/25/2022 at 9:00 AM in Courtroom 3 before District Judge William E. Smith. (Urizandi, Nissheneyra)
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Minute Entry for proceedings held before District Judge William E. Smith: Bench Trial held on 5/24/2022. Present: Reginald R. Goeke, Sean P. McDonnell, Michelle Webster, and James R. Ruggieri, John A. Tarantino, Nicole J. Benjamin, R. Bart Totten, and Keith Hoffmann. Three witnesses sworn and questioned; 34 exhibits entered (32 full, 2 ID only). Recess. (Court Reporter Lisa Schwam in Courtroom 3 at 9:00 a.m.) (Urizandi, Nissheneyra)
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Minute Entry for proceedings held before District Judge William E. Smith: Bench Trial held on 5/23/2022. Reginald R. Goeke, Sean P. McDonnell, Michelle Webster, and James R. Ruggieri, John A. Tarantino, Nicole J. Benjamin, R. Bart Totten, and Keith Hoffmann. Each side gives its opening statements. Arguments heard on ECF Nos. 166 and 181; Court reserves ruling. The plaintiff begins its presentation of the evidence. One witness sworn and questioned; 4 exhibits entered: 1 for ID only, 2 admitted in full and 1 admitted de bene. Recess. (Court Reporter Lisa Schwam in Courtroom 3 at 8:50 a.m.) (Urizandi, Nissheneyra)
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Filing 220
TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: #218 Transcript Order, #219 Transcript Order,. Daily Transcript Ordered. Court Reporter/Transcriber: Lisa Schwam. (Dias, Jennifer)
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Filing 219
TRANSCRIPT ORDER for proceedings held on May 23, 2022 to End of Trial before Judge Smith. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Ruggieri, James)
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Filing 218
TRANSCRIPT ORDER for proceedings held on 5/23/2022 - end of trial before Judge Smith. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Benjamin, Nicole)
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TEXT ORDER denying #173 Defendants' Motion to Exclude the Opinions and Testimony of Thomas Potiowsky. The anticipated testimony of Dr. Potiowsky is proper rebuttal expert opinion, not cumulative, and specifically responsive to the Defendants' "consumptive approach" theory of Dr. Small. See Phenix Mut. Fire Ins. Co. v. Stanley Convergent Sec. Sols., Inc., No. 12-CV-273-JD, 2013 WL 3932528, at *2 (D.N.H. July 30, 2013) (internal quotation omitted) ("Rebuttal opinions may relate to subjects covered by initial expert opinion as long as the rebuttal opinion is offered to contradict impeach or defuse the impact of the evidence offered by an adverse party."). To the extent Defendants seek to exclude testimony elicited on cross-examination at Dr. Potiowsky's deposition regarding the 2011 Oregon Efficient Fee Study, the witness is entitled to refresh his recollection subsequent to Defendants having raised the issue of the study at his deposition. See Fed. R. Evid. 612(a)(2). If Defendants choose to cross examine him on this study at trial, his refreshed testimony would be appropriate and Defendants may, if they choose, use his deposition testimony as prior inconsistent statement under Federal Rule of Evidence 613(b). Plaintiffs represent that they do not intend to elicit an opinion from Dr. Potiowsky based upon this study, nor will they be permitted to do so, to the extent such an opinion was not contained in his expert report. So Ordered by District Judge William E. Smith on 5/20/2022. (Urizandi, Nissheneyra)
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TEXT ORDER denying #179 Plaintiffs' Motion to Exclude Certain Opinions and Proffered Testimony of Dr. Vijay Saraf. Defendants have indicated that they would not seek to admit any testimony from Dr. Saraf which opines on the intent supporting the Louis Berger report. Further, other aspects of Dr. Saraf's opinions with respect to optimization of toll rates and toll locations appear to be well grounded in data collection and analysis, including the Louis Berger report. The Court also agrees with Defendants that while Dr. Saraf and Mr. Racciatti addressed similar topics, Dr. Saraf's opinions are not cumulative. Moreover, the data visualization material that was contained in the Tableau file does not appear to be additional opinions but rather a visualization of the data analysis that is contained in the expert report and produced in advance of Dr. Sarafs deposition. As with all experts, Dr. Saraf's testimony must stay within opinions offered in his expert report. Accordingly, Plaintiffs' Motion to Exclude Certain Opinions and Proffered Testimony of Dr. Vijay Saraf is DENIED. So Ordered by District Judge William E. Smith on 5/20/2022. (Urizandi, Nissheneyra)
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TEXT ORDER granting in part and denying in part #180 Plaintiffs' Motion in Limine to Admit Certain Statements Made by Unavailable Rhode Island Officials, and granting in part and denying in part #171 Defendants' Motion to Exclude Evidence of Statements in Press Reports. To start, the Court did not rule definitively on this issue in its July 20, 2020, Order, ECF No. #72 . It is, however, understandable how Plaintiffs mistakenly believed that to be the case because the Court signaled how it would be inclined to rule. Id. at 11-12. In any event, it would have been most prudent for Plaintiffs to reach out for guidance or to seek to depose the reporters. Having reviewed the case law, including the cases cited in this Court's prior order, and considering the progression of the case, the Court concludes that the press reports are inadmissible hearsay and no exception, including the residual-hearsay exception, allows for their introduction into evidence. The touchstone of the residual-hearsay exception under Rule 807 is trustworthiness, and Plaintiffs are correct that this Court held that the reports are sufficiently trustworthy, despite that the statements were not verified by other means. Id. at 11; see also Larez v. City of Los Angeles, 946 F.2d 630, 643 (9th Cir. 1991). However, putting aside the unavailability of the declarants, the press reports are not the most probative evidence because "testimony from the reporters themselves would have been better" where such testimony allows for cross-examination of the reporters. Larez, 946 F.2d at 644; see also New England Mut. Life Ins. Co. v. Anderson, 888 F.2d 646, 650-51 (10th Cir. 1989) (affirming trial courts exclusion of newspaper article under the residual-hearsay exception); Planned Parenthood Se., Inc. v. Strange, 33 F. Supp. 3d 1381, 1385 (M.D. Ala. 2014) (noting that "newspaper articles rarely satisfy the requirements of the residual-hearsay exception," and hypothesizing that the plaintiffs "could have elicited testimony from the reporters or other witnesses who observed the statements reflected in the newspaper articles"). Based on this failure, the Court holds that admitting this evidence would not serve the policies underlying the residual hearsay exception. See United States v. Sposito, 106 F.3d 1042, 1048 (1st Cir. 1997) (summarizing policies as "(1) [t]o provide sufficient flexibility to permit the courts to deal with new and unanticipated situations; (2) [t]o preserve the integrity of the specifically enumerated exceptions; (3) [t]o facilitate the basic purpose of the Federal Rules of Evidence: truth ascertainment and fair adjudication of controversies"). Plaintiffs have not demonstrated that they could not obtain more probative evidence, including testimony from the reporters, using reasonable efforts. The press reports are therefore inadmissible. To the extent that Plaintiffs seek to admit the video statement of Director Alviti, that statement is admissible where it is not offered for the truth of the matter and is otherwise admissible as a statement of an opposing party (subject to the videos authentication). See Fed. R. Evid. 801(d)(2)(A). The statement is relevant because it goes to discriminatory intent, and any argument about imputing the Director's statement to the General Assembly goes to the weight the Court will afford the statement, and not to its admissibility. Finally, the Court rejects Defendants' argument under Rule 403 and Rule 106 because the statement has some probative value and there is no real risk of undue prejudice. Defendants have not identified any specific way this statement is misleadingly incomplete, and therefore the argument is rejected. Plaintiffs' Motion in Limine to Admit Certain Statements Made by Unavailable Rhode Island Officials, ECF No. #180 , is GRANTED to the extent Plaintiffs seek to admit the video-recorded statement and DENIED to the extent Plaintiffs seek to admit the inadmissible press reports, and Defendants' Motion to Exclude Evidence of Statements in Press Reports, ECF No. #171 , is GRANTED IN PART and DENIED IN PART to the same extent. So Ordered by District Judge William E. Smith on 5/20/2022. (Urizandi, Nissheneyra)
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TEXT ORDER granting Plaintiffs' unopposed #182 Motion to Strike docket No. 176 as filed in error. The Clerk is directed to remove the line entry and content from the docket. So Ordered by District Judge William E. Smith on 5/20/2022. (Urizandi, Nissheneyra)
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TEXT ORDER granting #167 MOTION to File Conventionally a Video Exhibit to Defendants' Motion in Limine No. 1 for the reasons stated therein. So Ordered by District Judge William E. Smith on 5/20/2022. (Urizandi, Nissheneyra)
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TEXT ORDER denying #174 Defendants' Motion to Exclude the Opinions and Testimony of Peter Vanderzee. The Court finds Mr. Vanderzee is well qualified by his experience to opine on whether the method used by Dr. Nowak is a generally accepted theory in the field and reasonable means to determine truck contribution to bridge deterioration, the factors that affect the service life of a bridges, and whether the "consumptive method" is reasonably or widely used in the asset management of bridges. Defendants' various critiques of his credentials and expertise are rather fodder for cross examination. And moreover, the weight to be given to this evidence, as with other experts, will largely depend on how the court rules with respect to the so-called use vs. cost question, raised by several other motions. As noted in the Courts ruling on Plaintiffs' Motion to Exclude Evidence Related to the Rhode Island Department of Transportation's Road System Budget and Defendants' Motion to Exclude Evidence and Expert Testimony on the Issue of Fair Approximation Because It Is Not Relevant or Reliable, this issue will be subject to argument on May 23, 2022, and the Court will likely defer ruling until it's final order. Defendants' Motion is therefore DENIED. So Ordered by District Judge William E. Smith on 5/20/2022. (Urizandi, Nissheneyra)
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TEXT ORDER denying #169 Defendants' Motion to Exclude Evidence of Alleged Discriminatory Intent. The Court does not read Comptroller of Treasury of Md. V. Wynne, 575 U.S. 542, 561 n.4 (2015), or the dicta contained in the United States Court of Appeals for the First Circuit's most recent decision in this case, American Trucking Associations, Inc. v. Alviti, 14 F.4th 76, 89-90 (1st Cir. 2021), to suggest that all evidence of discriminatory purpose is irrelevant to dormant Commerce Clause claims. See LSP Transmission Holdings, LLC v. Sieben, 954 F.3d 1018, 1029 (8th Cir. 2020) ("The law may be discriminatory on its face, or, even if it is facially neutral, the law may have a discriminatory purpose or a discriminatory effect."); Family Winemakers of Cal. v. Jenkins, 592 F.3d 1, 9 n.7 (1st Cir. 2010) (noting that the Supreme Court has stated that a finding of economic protectionism could be based on purpose or effect, but in that case, both were present). It is true that many Courts, including in this Circuit, have questioned whether evidence of discriminatory purpose alone is sufficient to invalidate a law under the dormant Commerce Clause, see, e.g., All. Of Auto Mfrs. v. Gwadosky, 430 F. 3d 30, 36 n.3 (1st Cir. 2005), but that is a different question, and one that may or may not be in play in this case; in any event the Court need not address this question in the context of this motion. Consequently, Defendants' Motion to Exclude Evidence of Alleged Discriminatory Intent is DENIED. So Ordered by District Judge William E. Smith on 5/20/2022. (Urizandi, Nissheneyra)
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TEXT ORDER granting in part and denying in part #178 Plaintiffs' Motion to Exclude Certain Opinions and Proffered Testimony of Dr. Rose Ray. Plaintiffs' Motion is denied because the Court concludes that the majority Dr. Ray's opinions and proffered testimony are relevant and proper expert testimony. (That said, as with the other motions before the Court, the Court reserves on the relevance of testimony as related to the cost allocation studies.) Most of Plaintiffs' arguments are better suited for cross-examination and are not persuasive grounds for exclusion under Rule 702. However, as to Dr. Ray's opinion that Drs. Vavrik and Peters relied on "samples of convenience," her opinion is excluded. While it may be appropriate to cross-examine Drs. Vavrik and Peters on how they assembled their datasets, it is not appropriate for Dr. Ray to opine that these are composed of "samples of convenience" without a basis for that opinion. So Ordered by District Judge William E. Smith on 5/20/2022. (Urizandi, Nissheneyra)
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TEXT ORDER denying in part #177 Plaintiffs' Motion to Exclude Certain Opinions and Proffered Testimony of Mr. Albert Racciatti. Plaintiffs' Motion is denied in part. First, as the Court intimated in a previous conference, it declines to exclude Mr. Racciatti's testimony as a fact witness because there is no real prejudice to Plaintiffs where Plaintiffs have had an opportunity to depose him and have deposed other fact witnesses after the belated disclosure. Defendants also assure that they have not compensated him as a fact witness. However, the Court reserves ruling on the remaining arguments in Plaintiffs' Motion, and intends to hear argument on these issues at a time convenient to the Court. So Ordered by District Judge William E. Smith on 5/20/2022. (Urizandi, Nissheneyra)
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TEXT ORDER denying in part #168 Defendants' Motion to Exclude Evidence and Expert Testimony on the Issue of Fair Approximation on the Basis of Congressional Authorization. The Court finds that Plaintiffs have not argued inconsistently about the fair approximation analysis, and therefore are not precluded from arguing that highway cost allocation studies may be relevant to fair approximation. Furthermore, as noted in the text order addressing Defendants' Motion to Exclude Evidence and Expert Testimony on the Issue of Fair Approximation and Plaintiffs' Motion in Limine to Exclude Evidence Related to the Rhode Island Department of Transportations Road System, the Court will hear argument on the costs and use issue, and whether highway cost allocation studies are relevant to fair approximation. But, as stated in its July 20, 2020 Order, the Court does not read 23 U.S.C. 129 (the Intermodal Surface Transportation Efficiency Act of 1991) to entirely displace the fair approximation prong of the dormant Commerce Clause analysis. Consequently, Defendants' Motion is DENIED in part, and, to the extent that resolution of certain issues raised in the motion depend on the Court's determination of the issues raised in Defendants' Motion in Limine No. 1, the Court reserves. So Ordered by District Judge William E. Smith on 5/20/2022. (Urizandi, Nissheneyra)
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TEXT ORDER granting in part and denying in part #170 Motion to Exclude the Opinions and Testimony of Jonathan Peters on the Issue of Discrimination. To the extent that Defendants challenge the factual basis for Dr. Peters' opinions, the motion is DENIED. Brown v. Wal-Mart Stores, Inc., 402 F. Supp. 2d 303, 308 (D. Me. 2005) (quoting Larson v. Kempker, 414 F.3d 936, 941 (8th Cir. 2015)) ("As a general rule, the factual basis of an expert opinion goes to the credibility of the testimony, not the admissibility, and it is up to the opposing party to examine the factual basis for the opinion in cross-examination."). Furthermore, Dr. Peters' reply does not appear to contain improper rebuttal argument as it responds to criticism from Defendants' expert, Dr. Saraf. The Court further finds that Dr. Peters may opine on tolling industry practice based on his experience. Therefore, the motion is DENIED on those bases. The motion is GRANTED to the extent that Dr. Peters opines on the intent or motives of the state actors. However, Dr. Peters may testify about the materials he reviewed to prepare his report. Accordingly, Defendants' Motion to Exclude the Opinions and Testimony of Jonathan Peters on the Issue of Discrimination is GRANTED in part and DENIED in part. So Ordered by District Judge William E. Smith on 5/20/2022. (Urizandi, Nissheneyra)
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TEXT ORDER regarding #166 Defendants' Motion to Exclude Evidence and Expert Testimony on the Issue of Fair Approximation and #181 Plaintiffs Motion to Exclude Evidence Related to the Rhode Island Department of Transportation's Road System Budget. The Court will hold argument on these motions on the first day of trial, Monday, May 23rd, and intends, at this time, to reserve ruling on the relevance arguments within both Motions until it issues its Findings of Fact and Conclusions of Law following trial. In the event that the Court reserves ruling, it will admit the evidence challenged in these motions at trial, subject to the preserved objections of each party. The Court therefore reserves ruling regarding the ultimate relevance, if any, of HCAS generally and, more specifically, regarding Dr. Vavrik's utilization of such studies in formulating opinions about what such a study, if preformed in Rhode Island, would show, and what conclusions can be derived from the sampling of nine states that have performed such studies. Defendants' critiques of his methods and conclusions go to the weight of his testimony, but they do not render his conclusions unreliable and inadmissible under Rule 702. So Ordered by District Judge William E. Smith on 5/20/2022. (Urizandi, Nissheneyra)
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Filing 217
AFFIDAVIT of Erin Margolius, Keeper of Records of CDM Smith, Inc. by All Plaintiffs. (Attachments: #1 Exhibit Subpoena)(Ruggieri, James)
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Filing 216
REPLY to Response re #196 Response to Motion, to Exclude Evidence Related to the Rhode Island Department of Transportation's Road System Budget filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8)(Goeke, Reginald)
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Filing 215
REPLY to Response re #204 Response to Motion, in Limine No. 7: Motion to Exclude the Opinions and Testimony of Peter Vanderzee filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Benjamin, Nicole)
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Filing 214
REPLY to Response re #203 Response to Motion, in Limine No. 6: Motion to Exclude the Opinions and Testimony of Thomas Potiowsky filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Benjamin, Nicole)
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Filing 213
REPLY to Response re #202 Response to Motion in Limine No. 5: Motion to Exclude Evidence of Statements in Press Reports filed by All Defendants. (Benjamin, Nicole)
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Filing 212
REPLY to Response re #201 Response to Motion, in Limine No. 4: Motion to Exclude the Opinions and Testimony of Jonathan Peters on the Issue of Discrimination filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Benjamin, Nicole)
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Filing 211
REPLY to Response re #200 Response to Motion, in Limine No. 3: Motion to Exclude Evidence of Alleged Discriminatory Intent filed by All Defendants. (Benjamin, Nicole)
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Filing 210
REPLY to Response re #199 Response to Motion, in Limine No. 2: Motion to Exclude Evidence and Expert Testimony on the Issue of Fair Approximation on the Basis of Congressional Authorization filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Benjamin, Nicole)
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Filing 209
REPLY to Response re #198 Response to Motion,, to Exclude Evidence and Expert Testimony on the Issue of Fair Approximation Because it is Not Relevant or Reliable filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Benjamin, Nicole)
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Filing 208
REPLY to Response re #195 Response to Motion to Admit Certain Statements Made By Unavailable Rhode Island Officials filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. (Goeke, Reginald)
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Filing 207
REPLY to Response re #194 Response to Motion,, to Exclude Certain Opinions and Proffered Testimony of Dr. Vijay Saraf filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. (Attachments: #1 Exhibit 7, #2 Exhibit 8)(Goeke, Reginald)
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Filing 206
REPLY to Response re #193 Response to Motion, to Exclude Certain Opinions Proffered Testimony of Dr. Rose Ray filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. (Attachments: #1 Exhibit 9, #2 Exhibit 10, #3 Exhibit 11)(Goeke, Reginald)
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Filing 205
REPLY to Response re #197 Response to Motion, to Exclude Certain Opinions and Proffered Testimony of Mr. Albert Racciatti filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6)(Goeke, Reginald)
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Minute Entry for proceedings held before District Judge William E. Smith: Status Conference held on 5/17/2022. Reginald R. Goeke, Sean P. McDonnell, James A. Ruggieri, Richard Pianka, John A. Tarantino, Nicole J. Benjamin, R. Bart Totten and Keith David Hoffman participated. (Zoom at 3:00 p.m.) (Urizandi, Nissheneyra)
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NOTICE of Hearing: Bench Trial set to begin on 5/23/2022 at 9:00 AM in Courtroom 3 before District Judge William E. Smith. (Urizandi, Nissheneyra)
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Filing 204
RESPONSE In Opposition to #174 MOTION in Limine No. 7: Motion to Exclude the Opinions and Testimony of Peter Vanderzee filed by All Plaintiffs. Replies due by 5/20/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Goeke, Reginald)
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Filing 203
RESPONSE In Opposition to #173 MOTION in Limine No. 6: Motion to Exclude the Opinions and Testimony of Thomas Potiowsky filed by All Plaintiffs. Replies due by 5/20/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Goeke, Reginald)
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Filing 202
RESPONSE In Opposition to #171 MOTION in Limine No. 5: Motion to Exclude Evidence of Statements in Press Reports filed by All Plaintiffs. Replies due by 5/20/2022. (Goeke, Reginald)
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Filing 201
RESPONSE In Opposition to #170 MOTION in Limine No. 4: Motion to Exclude the Opinions and Testimony of Jonathan Peters on the Issue of Discrimination filed by All Plaintiffs. Replies due by 5/20/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Goeke, Reginald)
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Filing 200
RESPONSE In Opposition to #169 MOTION in Limine No. 3: Defendants' Motion to Exclude Evidence of Alleged Discriminatory Intent filed by All Plaintiffs. Replies due by 5/20/2022. (Goeke, Reginald)
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Filing 199
RESPONSE In Opposition to #168 MOTION in Limine No. 2: Motion to Exclude Evidence and Expert Testimony on the Issue of Fair Approximation on the Basis of Congressional Authorization filed by All Plaintiffs. Replies due by 5/20/2022. (Goeke, Reginald)
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Filing 198
RESPONSE In Opposition to #166 MOTION in Limine No. 1: Motion to Exclude Evidence and Expert Testimony on the Issue of Fair Approximation Because it is Not Relevant or Reliable filed by All Plaintiffs. Replies due by 5/20/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Goeke, Reginald)
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Filing 197
RESPONSE In Opposition to #177 MOTION in Limine to Exclude Certain Opinions and Proffered Testimony of Mr. Albert Racciatti filed by All Defendants. Replies due by 5/20/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Benjamin, Nicole)
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Filing 196
RESPONSE In Opposition to #181 MOTION in Limine to Exclude Evidence Related to the Rhode Island Department of Transportation's Road System Budget filed by All Defendants. Replies due by 5/20/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Benjamin, Nicole)
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Filing 195
RESPONSE In Opposition to #180 MOTION in Limine to Admit Certain Statements Made By Unavailable Rhode Island Officials filed by All Defendants. Replies due by 5/20/2022. (Benjamin, Nicole)
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Filing 194
RESPONSE In Opposition to #179 MOTION in Limine to Exclude Certain Opinions and Proffered Testimony of Dr. Vijay Saraf (Corrected) filed by All Defendants. Replies due by 5/20/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Benjamin, Nicole)
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Filing 193
RESPONSE In Opposition to #178 MOTION in Limine to Exclude Certain Opinions and Proffered Testimony of Dr. Rose Ray filed by All Defendants. Replies due by 5/20/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Benjamin, Nicole)
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Filing 192
SUBPOENA Returned Executed as to Daniel Waugh . (Ruggieri, James)
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Filing 191
SUBPOENA Returned Executed as to Corporate Representative of CDM Smith, Inc. . (Ruggieri, James)
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Filing 190
SUBPOENA Returned Executed as to Keeper of Records of CDM Smith, Inc. . (Ruggieri, James)
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Filing 189
SUBPOENA Returned Executed as to David Fish . (Ruggieri, James)
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Filing 188
SUBPOENA Returned Executed as to Jonathan Womer . (Ruggieri, James)
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Filing 187
SUBPOENA Returned Executed as to Jonathan Womer . (Ruggieri, James)
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Filing 186
SUBPOENA Returned Executed as to Robert Rocchio . (Ruggieri, James)
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Filing 185
SUBPOENA Returned Executed as to Andrew Koziol . (Ruggieri, James)
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Filing 184
SUBPOENA Returned Executed as to John Verducci . (Ruggieri, James)
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Filing 183
SUBPOENA Returned Executed as to Loren Doyle . (Ruggieri, James)
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DOCKET NOTE: Regarding: #167 MOTION to File Conventionally a Video Exhibit to Defendants' Motion in Limine No. 1 re: #166 MOTION in Limine No. 1: Motion to Exclude Evidence and Expert Testimony on the Issue of Fair Approximation Because it is Not Relevant. Copy of video exhibit maintained in Clerk's Office. (Simoncelli, Michael)
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Filing 182
MOTION to Strike 176 MOTION in Limine to Exclude Certain Opinions and Proffered Testimony of Dr. Vijay Saraf filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. Responses due by 5/20/2022. (Goeke, Reginald)
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Filing 181
MOTION in Limine to Exclude Evidence Related to the Rhode Island Department of Transportation's Road System Budget filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. Responses due by 5/12/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Goeke, Reginald)
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Filing 180
MOTION in Limine to Admit Certain Statements Made By Unavailable Rhode Island Officials filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. Responses due by 5/12/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Goeke, Reginald)
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Filing 179
MOTION in Limine to Exclude Certain Opinions and Proffered Testimony of Dr. Vijay Saraf (Corrected) filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. Responses due by 5/12/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Goeke, Reginald)
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Filing 178
MOTION in Limine to Exclude Certain Opinions and Proffered Testimony of Dr. Rose Ray filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. Responses due by 5/12/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Goeke, Reginald)
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Filing 177
MOTION in Limine to Exclude Certain Opinions and Proffered Testimony of Mr. Albert Racciatti filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. Responses due by 5/12/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Goeke, Reginald)
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Filing 176
Entry stricken from the record per the Text Order dated 5/20/2022. Modified on 5/20/2022 (Urizandi, Nissheneyra).
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Filing 175
Proposed Findings of Fact and Conclusions of Law by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority.(Benjamin, Nicole)
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Filing 174
MOTION in Limine No. 7: Motion to Exclude the Opinions and Testimony of Peter Vanderzee filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 5/12/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Benjamin, Nicole)
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Filing 173
MOTION in Limine No. 6: Motion to Exclude the Opinions and Testimony of Thomas Potiowsky filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 5/12/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Benjamin, Nicole)
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Filing 172
Proposed Findings of Fact and Conclusions of Law by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc..(Goeke, Reginald)
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Filing 171
MOTION in Limine No. 5: Motion to Exclude Evidence of Statements in Press Reports filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 5/12/2022. (Benjamin, Nicole)
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Filing 170
MOTION in Limine No. 4: Motion to Exclude the Opinions and Testimony of Jonathan Peters on the Issue of Discrimination filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 5/12/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Benjamin, Nicole)
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Filing 169
MOTION in Limine No. 3: Defendants' Motion to Exclude Evidence of Alleged Discriminatory Intent filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 5/12/2022. (Benjamin, Nicole)
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Filing 168
MOTION in Limine No. 2: Motion to Exclude Evidence and Expert Testimony on the Issue of Fair Approximation on the Basis of Congressional Authorization filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 5/12/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Benjamin, Nicole)
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Filing 167
MOTION to File Conventionally a Video Exhibit to Defendants' Motion in Limine No. 1 re: #166 MOTION in Limine No. 1: Motion to Exclude Evidence and Expert Testimony on the Issue of Fair Approximation Because it is Not Relevant or Reliable filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 5/19/2022. (Benjamin, Nicole)
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Filing 166
MOTION in Limine No. 1: Motion to Exclude Evidence and Expert Testimony on the Issue of Fair Approximation Because it is Not Relevant or Reliable filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 5/12/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(Benjamin, Nicole)
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Minute Entry for proceedings held before District Judge William E. Smith: Discovery Dispute Conference held on 5/3/2022. Reginald Goeke and R. Bart Totten addressed the court. (Zoom at 3:05 p.m.) (Urizandi, Nissheneyra)
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NOTICE of Hearing: Discovery Dispute Conference set for 5/3/2022 at 3:00 PM by Zoom before District Judge William E. Smith. Zoom access information will be sent to counsel by email. (Urizandi, Nissheneyra)
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Filing 165
MOTION for James A. Fussell, III to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-1752572 ) filed by All Plaintiffs. (Attachments: #1 Affidavit of James A. Ruggieri)(Ruggieri, James)
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TEXT ORDER granting #165 Motion to Appear Pro Hac Vice of James A. Fussell. So Ordered by District Judge William E. Smith on 4/28/2022. (DaCruz, Kayla)
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Minute Entry for proceedings held before District Judge William E. Smith: Status Conference held on 4/20/2022. Reginald Goeke, Nicole Benjamin and R. Bart Totten addressed the Court. (Zoom at 10:05 a.m.) (Urizandi, Nissheneyra)
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NOTICE of Hearing: Status Conference set for 5/17/2022 at 3:00 PM by Zoom before District Judge William E. Smith. Zoom access information will be sent to counsel by email. (Urizandi, Nissheneyra)
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NOTICE of Hearing: Status Conference set for 4/20/2022 at 10:00 AM by Zoom before District Judge William E. Smith. Zoom access information will be sent to counsel by email. (Urizandi, Nissheneyra)
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Filing 164
MOTION for Sean P. McDonnell to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-1746843 ) filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. (Attachments: #1 Affidavit of James A. Ruggieri)(Ruggieri, James)
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TEXT ORDER granting #164 Motion to Appear Pro Hac Vice of Sean P. McDonnell. So Ordered by District Judge William E. Smith on 4/11/2022. (Kenny, Meghan) Modified on 4/11/2022 to correct docket text (Simoncelli, Michael).
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Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Ex Parte/Confidential/Sealed Conference held with Defendants' counsel only on 3/22/2022. (Leyva, Lucia)
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TEXT ORDER: By text order of February 18, 2022, the Court ordered Plaintiffs to select and Defendants to submit for in camera review a sampling of twenty of the 142 documents as to which Plaintiffs challenge Defendants' invocation of the deliberative process privilege and (as to some) the legislative privilege. In the course of compliance with this directive, Defendants produced additional documents. As a result, the set ultimately submitted for in camera review comprised seven documents [Privilege Log Entries 8285, 13108 (redacted), 9887 (redacted), 1474, 16630, 7563 and 12164 (the latter two are duplicates of each other)], which constitute all of what is now being withheld or redacted based on privilege from the set of 142 that were originally challenged. Put differently, because of additional production by Defendants, the in camera review focused on all withheld documents, not a sampling. Having conferred ex parte with Plaintiffs and Defendants and having reviewed each document in its entirety, I find that Defendants' invocation of the deliberative process privilege and (as to some) the legislative privilege is appropriate and is sustained as to all documents, except for the final page of the document logged as 16630. That is, I find that the respective privilege applies, has not been waived and should not be set aside. See ECF No. 161 at 9. Further, I do not find that any of the reviewed materials reflect circumstances where "reason and experience" suggest that the claim of privilege should not be honored. Citizens Union of City of New York v. Att'y Gen. of New York, 269 F. Supp. 3d 124, 159 (S.D.N.Y. 2017) (internal quotation marks omitted). The sole exception is a page that, at least partially, contains a table of data sourced from a third party; to that extent it is ordered to be produced. Env't Prot. Agency v. Mink, 410 U.S. 73, 8788 (1973) ("compiled factual material or purely factual material contained in deliberative memoranda and severable from its context would generally be available for discovery"). Defendants are directed to investigate further whether the final two (or three) columns of this table reflect either RIDOT's fact-finding, information-gathering research to provide in connection with the legislative process or constitute predecisional drafts reflecting the interpretation of data by a RIDOT official. To that extent, those two or three columns may be redacted. This page, with any redaction as may be appropriate, shall promptly be produced to Plaintiffs, no later than one week following this text order. So Ordered by Magistrate Judge Patricia A. Sullivan on 3/22/2022. (Leyva, Lucia)
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Filing 163
MEMORANDUM IN SUPPORT by All Plaintiffs in support of Order, Letter Brief regarding Withheld Documents dated February 14, 2022. (Attachments: #1 Exhibit A, #2 B)(Ruggieri, James)
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Filing 162
MEMORANDUM IN SUPPORT by All Plaintiffs in support of Order, Letter Brief regarding Deference dated December 20, 2021. (Attachments: #1 Exhibit A)(Ruggieri, James)
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NOTICE of Hearing: Video Conference with Defendants Counsel Only regarding Ex Parte/Sealed in camera review related to the Text Order entered on 2/18/2022 by District Judge William E. SmithVIDEO Conference set for 3/22/2022 at 10:00 AM before Magistrate Judge Patricia A. Sullivan.(Zoom Meeting ID: 160 583 2089, Passcode: 963843) (Saucier, Martha)
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HEARING CANCELLED re Video Conference with Defendants' Counsel Only set for 3/15/2022 at 2 :00 PM before Magistrate Judge Patricia A. Sullivan has been cancelled and will be rescheduled to 3/22/2022 at 10:00 am. (Saucier, Martha)
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Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Status Conference held on 3/14/2022 with Attorneys Reginald Goeke, Colleen Campbell Nicole Benjamin, Bart Totten and Michael Field. ( Video Conference at 2:58.) (Saucier, Martha)
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NOTICE of Hearing: VIDEO Status Conference set for 3/14/2022 at 03:00 PM before Magistrate Judge Patricia A. Sullivan with all counsel of record to discuss the plan for the timing of the ex parte conferences.(Zoom Meeting ID: 160 962 8430, Passcode: 144630) (Saucier, Martha)
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Filing 161
ORDER: The current discovery dispute between the parties relating to assertions of the legislative and/or deliberative process privilege over certain documents has been referred to Magistrate Judge Sullivan for an in camera review. Judge Sullivan shall determine whether either privilege applies to the chosen documents and whether, if one of the privileges applies, disclosure of the evidence should be barred. So Ordered by District Judge William E. Smith on 3/9/2022. (Urizandi, Nissheneyra)
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TEXT ORDER: As stated in the Court's March 9, 2022 Order, the parties presented the discovery dispute addressed in that Order in the form of letter briefing to the Court. Those letters and attached exhibits shall be filed on the docket one week from the date of this order, unless a party shows cause as to why the documents should be sealed or redacted. So Ordered by District Judge William E. Smith on 3/9/2022. (Urizandi, Nissheneyra)
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Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Ex Parte/Confidential/Sealed Conference with Plaintiffs' Counsel Only held on 3/7/2022. ( Video Conference at 4:01.) (Saucier, Martha)
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NOTICE of Hearing: Ex Parte/Confidential/Sealed Conference with Defendants' Counsel Only regarding the TEXT ORDER entered by District Judge William E. Smith on 2/18/2022. Video Conference with Defendants' Counsel Only set for 3/15/2022 at 2:00 PM before Magistrate Judge Patricia A. Sullivan.(Zoom Meeting ID: 160 583 2089, Passcode: 963843) (Leyva, Lucia)
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NOTICE of Hearing: Ex Parte/Confidential/Sealed Conference with Plaintiffs' Counsel Only regarding the TEXT ORDER entered by District Judge William E. Smith on 2/18/2022. Video Conference with Plaintiffs' Counsel Only set for 3/7/2022 at 04:00 PM before Magistrate Judge Patricia A. Sullivan.(Zoom Meeting ID: 160 969 5064, Passcode: 644205) (Leyva, Lucia)
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TEXT ORDER: As discussed at a conference with the parties on February 18, 2022, the Court believes that an in camera review, to be conducted by Magistrate Judge Sullivan, is necessary to resolve certain privilege disputes concerning documents relating to large truck damage and revenue. A written order providing further detail will issue shortly. Plaintiffs shall identify twenty (20) documents withheld on the basis of legislative and/or deliberative process privilege for this review by February 25, 2022. On or before March 11, 2022, Defendants shall provide those documents to Judge Sullivan, in both redacted and unredacted form, if applicable, along with a written explanation accompanying each document, as described at the conference. So Ordered by District Judge William E. Smith on 2/18/2022. (Urizandi, Nissheneyra)
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Minute Entry for proceedings held before District Judge William E. Smith: Chambers Conference held on 2/18/2022. Richard Pianka, Reginald Goeke, Charles Rothfeld, Colleen Campbell, Michael W. Field, Nicole Benjamin and R. Bart Totten participated. (Courtroom Zoom at 11:05 a.m.) (Urizandi, Nissheneyra)
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NOTICE of Hearing: Chambers Conference set for 2/18/2022 at 11:00 AM by Zoom before District Judge William E. Smith. Zoom access information will be sent to counsel by email. (Urizandi, Nissheneyra)
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TEXT ORDER: The parties have submitted letters to the Court outlining a discovery dispute concerning whether Plaintiffs are entitled to information about the bases for certain factual findings made by the legislature when enacting R.I. Gen. Laws 42-13.1-1, et seq. ("RhodeWorks"). The Plaintiffs have specifically stated that they expect the factual finding set forth in R.I. General Laws 42-13.1-2(8) to be at issue with respect to their dormant commerce clause claim. Pls.' Dec. 20, 2021 Letter 4; see R.I. Gen. Laws 42-13.1-2(8) ("According to the U.S. General Accounting Office, just one, fully-loaded five-axle (5) tractor trailer has the same impact on the interstate as nine thousand six hundred (9,600) automobiles. The department estimates that tractor trailers cause in excess of seventy percent (70%) of the damage to the state's transportation infrastructure, including Rhode Island bridges, on an annual basis. However, revenue contributions attributable to tractor trailers account for less than twenty percent (20%) of the state's total annual revenues to fund transportation infrastructure."). The Court seeks more information about the scope of the information Plaintiffs are seeking through discovery, and the scope of the privilege claimed by Defendants. The Court is specifically interested in understanding what, if any, information has been provided to Plaintiffs regarding the legislative finding as to damage and revenues, and the scope of the claim of privilege being asserted by Defendants over documents not yet provided. The parties shall submit responses to the following inquiries. (1) Has the U.S. General Accounting Office study referenced in 42-13.1-2(8) been turned over to Plaintiffs? If not, do the Defendants claim legislative privilege attaches to the report itself? (2) Have Plaintiffs had an opportunity (or will they soon) to ask questions of RIDOT about that study, either through interrogatories or in depositions? For example, have the Plaintiffs been able to inquire into how the report was obtained, and what, if any, effort was made to verify the accuracy of the reports findings? Are the Defendants claiming legislative privilege as to these questions (specifically as to RIDOT officials)? (3) Beyond the GSA report, has any information been provided to the Plaintiffs regarding the RIDOT estimates of the damage caused to the States transportation infrastructure, and the revenues generated by tractor trailers? If not, does the State contend that the sources of such estimates are privileged? (4) To the extent not discussed above, describe specifically what discovery Plaintiffs have obtained from RIDOT relating to the legislative findings concerning damage and revenue. (5) Assuming the Plaintiffs have received answers to interrogatories or deposition questions regarding the GSA study and the findings regarding damage and revenues state specifically what additional discovery the Plaintiffs seek to obtain from the General Assembly through this motion with respect to these studies and/or projections of damages and revenues. The parties shall submit a response by letter or memorandum on or before Monday, February 14, 2022. So Ordered by District Judge William E. Smith on 2/9/2022. (Urizandi, Nissheneyra)
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Filing 160
NOTICE of Appearance by Joseph Avanzato on behalf of Rhode Island Turnpike and Bridge Authority (Avanzato, Joseph)
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NOTICE of Hearing: Remote Chambers Conference set for 12/6/2021 at 2:00 PM by Zoom before District Judge William E. Smith. The Court will send Zoom access information to counsel by email. (Urizandi, Nisshy)
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Filing 159
Served SUBPOENA Returned Executed as to Regional Economic Models, Inc. Served. (Ruggieri, James)
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TEXT ORDER: On October 23, 2020, this Court denied four Motions to Quash Subpoenas Duces Tecum and Subpoenas for Deposition Testimony, ECF Nos. #85 , #87 , #89 , and #120 . See Opinion and Order 32, ECF No. #129 . On September 22, 2021, the United States Court of Appeals for the First Circuit granted a petition for a writ of advisory mandamus and directed this Court to reverse its denial of the motions to quash filed by Gina Raimondo, Nicholas Mattiello, and Stephen Ucci (the "State Officials"). See Opinion 27-28, ECF No. #156 . Therefore, consistent with the Opinion and Judgment of the First Circuit, ECF Nos. #156 , #157 , and the Mandate issued on October 12, 2021, ECF No. #158 , this Court vacates, in part, its October 23, 2020, Order as related to the State Officials, and GRANTS the Motions filed by those individuals, ECF Nos. #85 , #87 , and #89 . So Ordered by District Judge William E. Smith on 10/18/2021. (Urizandi, Nisshy)
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Filing 158
MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with #157 Judgment of the U.S. Court of Appeals for the First Circuit. (Kenny, Meghan)
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TEXT ORDER: At a conference held on October 7, 2021, the parties discussed with the Court the remaining discovery issues related to the privilege claims. The parties submitted letter briefing in advance of the conference in which they represented that Defendants are withholding approximately 11,000 documents solely on the basis of the deliberative process privilege. This privilege is a "form of executive privilege" which "shields from disclosure 'documents reflecting advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated.'" United States Fish and Wildlife Serv. v. Sierra Club, Inc., 141 S. Ct. 777, 785 (2021) (quoting NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 150 (1975)). Documents subject to the deliberative process privilege are "(1) predecisional, that is, antecedent to the adoption of agency policy, and (2) deliberative, that is, actually related to the process by which policies are formulated." Texaco Puerto Rico, Inc. v. Dept of Consumer Affairs, 60 F.3d 867, 884 (1st Cir. 1995) (internal citation omitted). More specifically, a document is "predecisional" if "the agency can (i) pinpoint the specific agency decision to which the document correlates... (ii) establish that its author prepared the document for the purpose of assisting the agency official charged with making the agency decision, and (iii) verify that the document precedes, in temporal sequence, the decision to which it relates." Providence Journal Co. v. U.S. Dept of Army , 981 F.2d 552, 557 (1st Cir. 1992) (internal citation omitted). Plaintiffs represent that the privilege log contains entries for approximately 8,000 documents dated after the enactment of the "RhodeWorks" statute on February 11, 2016, which are post-decisional and not subject to the privilege. The Court agrees. Therefore, Defendants shall produce all post-decisional documents within seven (7) days of this Order. As to documents pre-dating the enactment of the statute, Defendants are ordered to produce any "purely factual documents" or "segregable factual" sections of those documents and, if they wish to continue to assert the deliberative process privilege, to redact those portions of the documents for which the privilege is claimed. See American Trucking Assn, Inc. v. Alviti, 496 F. Supp. 3d 699, 715 (D.R.I. 2020) (quoting Providence Journal Co., 981 F.2d at 559). For those redacted portions, Defendants must set forth in detail in a privilege log how these documents (1) "form[] an essential link in a specified consultative process"; (2) "reflect the personal opinions of the writer rather than the policy of the agency"; and (3) "if released, would inaccurately reflect or prematurely disclose the views of the agency." Providence Journal Co., 981 F.2d at 559 (internal citation omitted). Defendants must produce these predecisional documents and the accompanying privilege log within fourteen (14) days of this Order. Following that, the parties are ordered to meet and confer about these documents. At that time, the Court will entertain a request from Plaintiffs for an in camera review of the redactions by the Court or, in the alternative, the Court may order review by an approved special master, for which the parties will bear the expense, to determine whether the privilege applies to the redacted material such that it should remain redacted. So Ordered by District Judge William E. Smith on 10/8/2021. (Simoncelli, Michael)
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Minute Entry for proceedings held before District Judge William E. Smith: Remote Chambers Conference held on 10/7/2021. Attorneys Reginald Goeke, Nicole Benjamin and John Tarantino addressed the Court. (Courtroom Zoom at 3:10 p.m.) (Urizandi, Nisshy)
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NOTICE of Hearing: Remote Chambers Conference set for 10/7/2021 at 3:00 PM by Zoom before District Judge William E. Smith. The Court will send Zoom access information to counsel by email. (Urizandi, Nisshy)
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Minute Entry for proceedings held before District Judge William E. Smith: Remote Chambers Conference held on 9/27/2021. Heard by Zoom: Reginald Goeke for the plaintiffs and Nicole and John Tarantino for the defendants. (by Zoom at 8:35 a.m.)(Urizandi, Nisshy)
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NOTICE of Hearing: Remote Chambers Conference set for 9/27/2021 at 8:30 AM by Zoom before District Judge William E. Smith. The Court will send Zoom access information to counsel by email. (Urizandi, Nisshy)
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Filing 157
JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to #145 Notice of Appeal: This cause came on to be heard on appeal from the United States District Court for the District of Rhode Island and was argued by counsel. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The interlocutory appeal is dismissed for lack of jurisdiction. The petition for a writ of advisory mandamus is denied in part and granted in part. The writ shall issue in accordance with the opinionissued this day directing the district court to reverse its denial of the motions to quash. (Potter, Carrie)
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Filing 156
OPINION of the U.S. Court of Appeals for the First Circuit entered as to #145 Notice of Appeal: For the foregoing reasons, the State Officials' interlocutory appeal is dismissed for lack of jurisdiction. The petition for a writ of advisory mandamus is denied as to the CDM subpoena, but granted as to the State Officials. The writ shall issue in accordance with this opinion directing the district court to reverse its denial of the State Officials' motions to quash. (Potter, Carrie)
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Filing 155
Order Entering #154 STIPULATION (Stipulated Protective Order and Quick Peek Agreement Applicable to Subpoenas Issued to Non-Party Richard Conca) filed by Rhode Island Turnpike and Bridge Authority. (Benjamin, Nicole) filed by Rhode Island Turnpike and Bridge Authority. So Ordered by District Judge William E. Smith on 8/20/2021. (Simoncelli, Michael)
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Filing 154
STIPULATION (Stipulated Protective Order and Quick Peek Agreement Applicable to Subpoenas Issued to Non-Party Richard Conca) filed by Rhode Island Turnpike and Bridge Authority. (Benjamin, Nicole)
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Filing 153
SUBPOENA Returned Executed as to RI Division of Motor Vehicles . (Ruggieri, James)
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Minute Entry for proceedings held before District Judge William E. Smith: 'In' Chambers Conference via Zoom held on 3/12/2021; counsel present: R. Goeke; R. Pianke; C. Campbell; J. Ruggieri; N. Benjamin; J. Tarantino; B. Totten. (Jackson, Ryan)
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NOTICE of Hearing: 'In' Chambers Conference via Zoom scheduled for Friday 3/12/2021 at 11:30 AM as a Remote Hearing before District Judge William E. Smith; Zoom invitation has been emailed to all counsel. (Jackson, Ryan)
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Filing 152
SUBPOENA Returned Executed as to State of Rhode Island Department of Administration Division of Statewide Planning . (Ruggieri, James)
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Minute Entry for proceedings held before District Judge William E. Smith: 'In' Chambers Zoom Conference held on 12/11/2020; counsel present: C. Rothfeld, R> Lianka, R. Goeke, J. Ruggieri, E. Tager; J. Tarantino, N. Benjamin, P. Rocha, B. Totten, M. Field. (Jackson, Ryan)
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Filing 151
NOTICE by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority (Notice of Correspondence Received from the United States Congressional Budget Office Invoking the Speech or Debate Clause) (Attachments: #1 Exhibit A)(Tarantino, John)
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NOTICE of Hearing: 'In' Chambers Conference via Zoom scheduled for FRIDAY 12/11/2020 at 2:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom invite and information below.Join ZoomGov Meetinghttps://www.zoomgov.com/j/1607563445Meeting ID: 160 756 3445Passcode: 356569One tap mobile+16692545252,,1607563445#,,,,,,0#,,356569# US (San Jose)+16468287666,,1607563445#,,,,,,0#,,356569# US (New York)Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) 833 568 8864 US Toll-freeMeeting ID: 160 756 3445Passcode: 356569Find your local number: https://www.zoomgov.com/u/adflskDEL6Join by SIP1607563445@sip.zoomgov.comJoin by H.323161.199.138.10 (US West)161.199.136.10 (US East)Meeting ID: 160 756 3445Passcode: 356569 (Jackson, Ryan)
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Filing 150
MEMORANDUM AND ORDER denying #131 Motion for Certificate of Appealability/Motion for Interlocutory Appeal. So Ordered by District Judge William E. Smith on 12/7/2020. (Jackson, Ryan)
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Filing 149
MEMORANDUM AND ORDER granting #125 Motion to Amend/Correct; granting 130 Motion to Amend/Correct: The parties are hereby directed to submit a joint letter with proposed redactions, by email to Case Manager Ryan Jackson, within 48 hours of the entry of this Sealed Memorandum and Order (ECF No. 149) or the Memorandum and Order will be unsealed and filed on the public docket as is. So Ordered by District Judge William E. Smith on 12/7/2020. (Jackson, Ryan) Modified on 12/22/2020: Pursuant to the instructions in this Order, and since no redactions were received by the Court, this Memorandum and Order has been unsealed (Jackson, Ryan).
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USCA Case Number 20-2120 for #145 Notice of Appeal filed by Speaker Nicholas Mattiello, Governor Gina M. Raimondo, Representative Stephen Ucci. (Hicks, Alyson)
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TEXT ORDER granting #135 Motion to Amend Joint Schedule. So Ordered by District Judge William E. Smith on 11/30/2020. (Jackson, Ryan)
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Filing 148
NOTICE of Appearance by Patricia K. Rocha on behalf of Speaker Nicholas Mattiello, Governor Gina M. Raimondo, Representative Stephen Ucci (Rocha, Patricia)
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Filing 147
CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). #145 Notice of Appeal. (Attachments: #1 Record on Appeal)(Potter, Carrie)
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Filing 146
NOTICE of Appearance by R. Bart Totten on behalf of Speaker Nicholas Mattiello (Totten, R.)
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Filing 145
NOTICE OF APPEAL by Speaker Nicholas Mattiello, Governor Gina M. Raimondo, Representative Stephen Ucci ( filing fee paid $ 505.00, receipt number 0103-1571035 ) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf Appeal Record due by 11/30/2020. (Tarantino, John)
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Filing 144
NOTICE of Appearance by John A. Tarantino on behalf of Speaker Nicholas Mattiello, Governor Gina M. Raimondo, Representative Stephen Ucci (Tarantino, John)
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Filing 143
NOTICE of Appearance by Michael W. Field on behalf of Speaker Nicholas Mattiello, Governor Gina M. Raimondo, Representative Stephen Ucci (Field, Michael)
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Filing 142
NOTICE of Appearance by Nicole J. Benjamin on behalf of Governor Gina M. Raimondo, Speaker Nicholas Mattiello, Representative Stephen Ucci (Benjamin, Nicole)
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Filing 141
REPLY to Response re #136 Response to Motion, (Reply Memorandum in Support of Motion for Certification of Order for Interlocutory Appeal) filed by All Defendants. (Tarantino, John)
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TEXT ORDER granting #134 Motion to Seal; granting #137 Motion to Seal. So Ordered by District Judge William E. Smith on 11/17/2020. (Jackson, Ryan)
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Filing 138
REPLY to Response re #133 Response to Motion, (Reply Memorandum in Support of Motion to Amend Answer to Assert their Defense of Unclean Hands) filed by All Defendants. (Tarantino, John)
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Filing 137
MOTION to Seal Unredacted Copy of Defendants' Reply Memorandum in Support of Motion to Amend their Answer to Assert the Defense of Unclean Hands and Corresponding Exhibits Filed. Notice Sent To: All Defendants. (Attachments: #1 Proposed Sealed Document Reply Memorandum in Support of Motion to Amend Answer to Assert the Defense of Unclean Hands (filed under seal), #2 Proposed Sealed Document Exhibit A (filed under seal), #3 Proposed Sealed Document Exhibit B (filed under seal), #4 Proposed Sealed Document Exhibit C (filed under seal), #5 Proposed Sealed Document Exhibit D (filed under seal), #6 Proposed Sealed Document Exhibit E (filed under seal), #7 Proposed Sealed Document Exhibit F (filed under seal))(Tarantino, John) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
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Filing 136
RESPONSE In Opposition to #131 MOTION for Certificate of Appealability (Motion for Certification of Order for Interlocutory Appeal filed by Non-Party Governor Gina M. Raimondo, Non-Party Speaker Nicholas Mattiello and Non-Party Representative Stephen Ucci, as well as Defendants filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc.. Replies due by 11/17/2020. (Ruggieri, James)
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Filing 135
Joint MOTION to Amend/Correct Joint Schedule filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc.. Responses due by 11/24/2020. (Attachments: #1 Exhibit A - Amended Joint Proposed Schedule)(Ruggieri, James)
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Filing 134
MOTION to Seal Plaintiffs' Opposition to Defendants' Motion to Amend Answer Filed. Notice Sent To: American Trucking Associations, Inc., M&M Transport Services, Inc., Cumberland Farms, Inc., Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Attachments: #1 Proposed Sealed Document Unredacted Opposition to Defendants' Motion to Amend Answer)(Ruggieri, James) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
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Filing 133
RESPONSE In Opposition to #125 MOTION to Amend/Correct #39 Answer to Complaint filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc.. Replies due by 11/13/2020. (Ruggieri, James)
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Set Deadlines re: #131 MOTION for Certificate of Appealability; Responses due by 11/10/2020. (Jackson, Ryan)
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TEXT ORDER granting nunc pro tunc #124 Motion for Extension of Time to File Response/Reply ; denying as moot #128 Motion for Extension of Time to File Response/Reply ; granting #132 Assented-to Motion for Extension of Time to File Response. So Ordered by District Judge William E. Smith on 11/2/2020. (Jackson, Ryan)
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Filing 132
Assented MOTION for an Extension of Time to File Response/Reply as to #125 MOTION to Amend/Correct #39 Answer to Complaint filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc.. Responses due by 11/12/2020. (Ruggieri, James)
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Filing 131
MOTION for Certificate of Appealability (Motion for Certification of Order for Interlocutory Appeal filed by Non-Party Governor Gina M. Raimondo, Non-Party Speaker Nicholas Mattiello and Non-Party Representative Stephen Ucci, as well as Defendants Peter Alviti, Jr., in his capacity as Director of the Rhode Island Department of Transportation and the Rhode Island Turnpike and Bridge Authority) filed by All Defendants. (Tarantino, John)
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Filing 129
OPINION AND ORDER denying #85 Motion to Quash; denying #87 Motion to Quash; denying #89 Motion to Quash; denying #120 Motion to Quash. So Ordered by District Judge William E. Smith on 10/23/2020. (Jackson, Ryan)
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Filing 128
Assented MOTION for an Extension of Time to File Response/Reply as to #127 Response to Motion, filed by All Defendants. Responses due by 11/6/2020. (Benjamin, Nicole)
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TEXT ORDER granting #126 Motion to Seal. So Ordered by District Judge William E. Smith on 10/23/2020. (Jackson, Ryan)
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Filing 127
RESPONSE In Opposition to #120 MOTION to Quash Subpoenas to CDM Smith, Inc. filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc.. Replies due by 10/23/2020. (Ruggieri, James)
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Filing 126
MOTION to Seal Unredacted Copy of Defendants' Motion to Amend their Answer to Assert Defense of Unclean Hands and Corresponding Exhibits Filed. Notice Sent To: All Defendants. (Attachments: #1 Proposed Sealed Document Motion to Amend Answer to Assert Defense of Unclean Hands (Unredacted), #2 Proposed Sealed Document Exhibit C, #3 Proposed Sealed Document Exhibit D, #4 Proposed Sealed Document Exhibit E)(Tarantino, John) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s).
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Filing 125
MOTION to Amend/Correct #39 Answer to Complaint filed by All Defendants. Responses due by 10/30/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Tarantino, John)
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Filing 124
Assented MOTION for an Extension of Time to File Response/Reply as to #120 MOTION to Quash Subpoenas to CDM Smith, Inc. filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc.. Responses due by 10/29/2020. (Ruggieri, James)
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TEXT ORDER granting #123 Motion to Appear Pro Hac Vice of Michelle Webster. So Ordered by District Judge William E. Smith on 10/13/2020. (Hicks, Alyson)
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Filing 123
MOTION for Michelle Webster to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1558019 ) filed by All Plaintiffs. (Attachments: #1 Affidavit Affidavit in Support of Webster PHV Motion)(Ruggieri, James)
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Filing 122
STIPULATION filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., Rhode Island Turnpike and Bridge Authority. (Ruggieri, James)
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Filing 121
TRANSCRIPT of Motion held on 09/25/2020 before Judge Smith. Court Reporter/Transcriber Lisa Schwam, Telephone number 401-752-7128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 10/30/2020. Redacted Transcript Deadline set for 11/9/2020. Release of Transcript Restriction set for 1/7/2021. (Schwam, Lisa)
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Filing 120
MOTION to Quash Subpoenas to CDM Smith, Inc. filed by All Defendants. Responses due by 10/15/2020. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tarantino, John)
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Filing 119
TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: #118 Transcript Order. Court Reporter/Transcriber: Lisa Schwam. (Dias, Jennifer)
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Filing 118
TRANSCRIPT ORDER for proceedings held on 9/25/2020 before Judge Smith. Expedited Transcript selected. Transcript to be delivered within 7 calendar days.. (Ruggieri, James)
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Filing 117
TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: #116 Transcript Order. Court Reporter/Transcriber: Lisa Schwam. (Dias, Jennifer)
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Filing 116
TRANSCRIPT ORDER for proceedings held on 9/25/2020 before Judge Smith. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Benjamin, Nicole)
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Filing 115
SUBPOENA Returned Executed as to Stephen Wright . (Benjamin, Nicole)
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Filing 114
SUBPOENA Returned Executed as to Current Carrier Corp. . (Benjamin, Nicole)
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Filing 113
SUBPOENA Returned Executed as to William Fischer . (Benjamin, Nicole)
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Filing 112
SUBPOENA Returned Executed as to Custodian of Records, True North Communications, LLC . (Benjamin, Nicole)
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Minute Entry for proceedings held before District Judge William E. Smith: In Chambers Conference held on 9/25/2020: C. Rothfeld, C. Campbell, E. Tager, R. Goeke, R. Pianka, J. Ruggieri, K. Hoffman, M. Field, J. Tarrantino, N. Benjamin, P. Rocha, R.B. Totten in attendance. (Court Reporter L. Schwam via Video Conference at 3:27 p.m..) (Potter, Carrie)
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Minute Entry for proceedings held before District Judge William E. Smith: Motion Hearing held on 9/25/2020 re #89 MOTION to Quash #85 MOTION to Quash #87 MOTION to Quash: C. Rothfeld, C. Campbell, E. Tager, R. Goeke, R. Pianka, J. Ruggieri, K. Hoffman, M. Field, J. Tarrantino, N. Benjamin, P. Rocha, R.B. Totten. Arguments heard. Court questions; parties respond. Court takes Motions under advisment. Recess. (Court Reporter L. Schwam via Video Hearing at 2:00 p.m..) (Potter, Carrie)
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Filing 111
for Testimony SUBPOENA Returned Executed as to CDM Smith, Inc. for Testimony. (Ruggieri, James)
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Filing 110
for Production of Documents SUBPOENA Returned Executed as to CDM Smith, Inc. for Production of Documents. (Ruggieri, James)
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Filing 109
for Production of Documents SUBPOENA Returned Executed as to Rhode Island Office of Management and Budget/Department of Administration for Production of Documents. (Ruggieri, James)
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TEXT ORDER granting #108 Motion to Appear Pro Hac Vice of Richard Pianka. So Ordered by District Judge William E. Smith on 9/17/2020. (Hicks, Alyson)
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Filing 108
MOTION for Richard Pianka to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1550048 ) filed by American Trucking Associations, Inc.. (Attachments: #1 Exhibit, #2 Certificate of Service, #3 Affidavit)(Ruggieri, James)
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NOTICE of Hearing on #87 MOTION to Quash, #89 MOTION to Quash, and, #85 MOTION to Quash: Motion Hearing via Zoom Videoconference to be immediately followed by an 'In' Chambers Conference via Zoom scheduled for Friday 9/25/2020 at 2:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom invite and instructions will be emailed to all counsel. (Jackson, Ryan)
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Filing 107
for Production of Documents SUBPOENA Returned Executed as to Rhode Island Division of Motor Vehicles for Production of Documents. (Ruggieri, James)
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Filing 106
for Production of Documents SUBPOENA Returned Executed as to Rhode Island Division of Taxation for Production of Documents. (Ruggieri, James)
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Filing 105
MEMORANDUM AND ORDER denying #38 Motion for Preliminary Injunction. So Ordered by District Judge William E. Smith on 9/10/2020. (Jackson, Ryan)
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Filing 104
REPLY to Response re #103 Response to Motion,, (Reply Memorandum in Support of Motions to Quash Subpoena Duces Tecum and Subpoena for Deposition Testimony Filed by Non-Party Governor Gina M. Raimondo, Non-Party Speaker Nicholas Mattiello and Non-Party Representative Stephen R. Ucci) filed by All Defendants. (Tarantino, John)
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Filing 103
RESPONSE In Opposition to #87 MOTION to Quash (Non-Party Speaker Nicholas Mattiello's Motion to Quash Subpoena Duces Tecum and Subpoena for Deposition Testimony), #89 MOTION to Quash (Non-Party Representative Stephen R. Ucci's Motion to Quash Subpoena Duces Tecum and Subpoena for Deposition Testimony), #85 MOTION to Quash (Non-Party Governor Gina M. Raimondo's Motion to Quash Subpoena Duces Tecum and Subpoena for Deposition Testimony) filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. Replies due by 8/31/2020. (Ruggieri, James)
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Filing 102
(for Deposition Testimony) SUBPOENA Returned Executed as to Richard M. McAuliffe Jr. (for Deposition Testimony). (Benjamin, Nicole)
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Filing 101
(Subpoena for Documents) SUBPOENA Returned Executed as to Richard M. McAuliffe Jr. (Subpoena for Documents). (Benjamin, Nicole)
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Filing 100
SUBPOENA Returned Executed as to Rhode Island Trucking Association . (Benjamin, Nicole)
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Filing 99
(Subpoena for Documents) SUBPOENA Returned Executed as to Jeffrey M. Taylor (Subpoena for Documents). (Benjamin, Nicole)
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Filing 98
(for Deposition Testimony) SUBPOENA Returned Executed as to Jeffrey M. Taylor (for Deposition Testimony). (Benjamin, Nicole)
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Filing 97
SUBPOENA Returned Executed as to Custodian of Records, Mayforth Group . (Benjamin, Nicole)
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Filing 96
STIPULATION re #87 MOTION to Quash (Non-Party Speaker Nicholas Mattiello's Motion to Quash Subpoena Duces Tecum and Subpoena for Deposition Testimony), #89 MOTION to Quash (Non-Party Representative Stephen R. Ucci's Motion to Quash Subpoena Duces Tecum and Subpoena for Deposition Testimony), #85 MOTION to Quash (Non-Party Governor Gina M. Raimondo's Motion to Quash Subpoena Duces Tecum and Subpoena for Deposition Testimony) Extending Time to Respond filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc.. (Ruggieri, James)
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Filing 95
NOTICE by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc. re #91 Notice (Other), Letter Brief to the Honorable William E. Smith in Response to Defendant's Preliminary Injunction Letter Brief (Ruggieri, James)
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Filing 94
Joint STIPULATION of Dismissal filed by All Plaintiffs. (Ruggieri, James)
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Filing 93
DECLARATION re #91 Notice (Other), (Declaration of Loren Doyle) by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Tarantino, John)
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Filing 92
DECLARATION re #91 Notice (Other), (Declaration of Kathryn G. O'Connor) by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Tarantino, John)
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Filing 91
NOTICE by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority re #82 Supplemental Memorandum in Support (Notice of Letter in Response to Plaintiffs' July 29, 2020 letter to the Court regarding pending Motion for Preliminary Injunction) (Tarantino, John)
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Filing 90
DECLARATION re #89 MOTION to Quash (Non-Party Representative Stephen R. Ucci's Motion to Quash Subpoena Duces Tecum and Subpoena for Deposition Testimony) (Declaration of Danica A. Iacoi in Support of Assertion of Legislative Privilege for Non-Party Representative Stephen R. Ucci) by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Tarantino, John)
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Filing 89
MOTION to Quash (Non-Party Representative Stephen R. Ucci's Motion to Quash Subpoena Duces Tecum and Subpoena for Deposition Testimony) filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 8/20/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tarantino, John)
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Filing 88
DECLARATION re #87 MOTION to Quash (Non-Party Speaker Nicholas Mattiello's Motion to Quash Subpoena Duces Tecum and Subpoena for Deposition Testimony) (Declaration of Danica A. Iacoi, Chief Legal Counsel to Non-Party Speaker Nicholas Mattiello in Support of Assertion of Legislative Privilege) by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Tarantino, John)
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Filing 87
MOTION to Quash (Non-Party Speaker Nicholas Mattiello's Motion to Quash Subpoena Duces Tecum and Subpoena for Deposition Testimony) filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 8/20/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tarantino, John)
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Filing 86
DECLARATION re #85 MOTION to Quash (Non-Party Governor Gina M. Raimondo's Motion to Quash Subpoena Duces Tecum and Subpoena for Deposition Testimony) (Declaration of Claire Richards, Executive Counsel to Non-Party Governor Gina M. Raimondo in Support of Assertion of Legislative and Deliberative Process Privileges) by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Tarantino, John)
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Filing 85
MOTION to Quash (Non-Party Governor Gina M. Raimondo's Motion to Quash Subpoena Duces Tecum and Subpoena for Deposition Testimony) filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 8/20/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tarantino, John)
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Filing 84
ORDER Entering #83 Joint Schedule filed by Cumberland Farms, Inc., American Trucking Associations, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc. So Ordered by District Judge William E. Smith on 8/3/2020. (Jackson, Ryan) Modified on 8/3/2020 (Jackson, Ryan).
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Minute Entry for proceedings held before District Judge William E. Smith: Status Conference via Zoom held on 7/30/2020; counsel present: J. Ruggieri; C. Rothfeld; R. Goeke; E. Tager; C. Campbell; M. Field; K. Hoffman; J. Tarantino; P. Rocha; N. Benjamin; B. Totten. (Jackson, Ryan)
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Filing 83
NOTICE by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc. Joint Proposed Schedule (Ruggieri, James)
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Filing 82
SUPPLEMENTAL MEMORANDUM by All Plaintiffs in support of #38 MOTION for Preliminary Injunction Letter to the Honorable William E. Smith. (Ruggieri, James)
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Filing 81
SUBPOENA Returned Executed as to Stephen Ucci for Production of Documents. (Ruggieri, James) Modified on 7/27/2020 to correct docket text(Potter, Carrie).
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Filing 80
SUBPOENA Returned Executed as to Stephen Ucci to Testify at Deposition. (Ruggieri, James) Modified on 7/27/2020 to correct docket text (Potter, Carrie).
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Filing 79
ORDER granting #74 Joint MOTION for an Order Permitting Defendants to Provide Plaintiffs with Tolling Data . So Ordered by District Judge William E. Smith on 7/23/2020. (Jackson, Ryan)
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Filing 78
SUBPOENA Returned Executed as to Nicholas Mattiello to Testify at Deposition. (Ruggieri, James) Modified on 7/27/2020 to correct docket text (Potter, Carrie).
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Filing 77
SUBPOENA Returned Executed as to Nicholas Mattiello for Production of Documents. (Ruggieri, James) Modified on 7/27/2020 to correct docket text(Potter, Carrie).
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Filing 76
SUBPOENA Returned Executed as to Gina Raimondo to Testify at Deposition. (Ruggieri, James) Modified on 7/27/2020 to correct docket text (Potter, Carrie).
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Filing 75
SUBPOENA Returned Executed as to Gina Raimondo for Production of Documents. (Ruggieri, James) Modified on 7/27/2020 to correct docket text (Potter, Carrie).
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TEXT ORDER entering #73 Stipulated Protective Order filed by Rhode Island Turnpike and Bridge Authority. So Ordered by District Judge William E. Smith on 7/23/2020. (Jackson, Ryan)
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Filing 74
Joint MOTION for an Order Permitting Defendants to Provide Plaintiffs with Tolling Data filed by Rhode Island Turnpike and Bridge Authority. Responses due by 8/5/2020. (Benjamin, Nicole)
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Filing 73
NOTICE by Rhode Island Turnpike and Bridge Authority (Proposed Stipulated Protective Order) (Benjamin, Nicole)
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Filing 72
ORDER denying #41 Motion for Judgment on the Pleadings. So Ordered by District Judge William E. Smith on 7/20/2020. (Jackson, Ryan)
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NOTICE of Hearing: Status Conference via Zoom scheduled for Thursday 7/30/2020 at 2:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom invitation and instructions have been mailed to all counsel of record. (Jackson, Ryan)
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Minute Entry for proceedings held before District Judge William E. Smith: In Chambers Conference held on 7/9/2020: J. Ruggeiri, C. Rothfeld, E. Tager; B. Totten, M. Field, K. Hoffman, J. Tarantino, N. Benjamin, R. GOEKE AND C. CAMPBELL (Court Reporter L. Schwam in Courtroom Video Conference at 3:00 p.m..) (Potter, Carrie)
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Filing 71
REPLY MEMORANDUM re #69 Supplemental Memorandum in Support (Defendants' Reply to Plaintiffs' Supplemental Memorandum Following June 18, 2020 Chambers Conference). (Attachments: #1 Exhibit A)(Tarantino, John)
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Filing 70
REPLY MEMORANDUM re #69 Supplemental Memorandum in Support . (Ruggieri, James)
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Filing 69
SUPPLEMENTAL MEMORANDUM by All Plaintiffs in support of Notice of Hearing, Plaintiffs' Supplemental Memorandum Following June 18, 2020 Chambers Conference. (Ruggieri, James)
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Filing 68
SUPPLEMENTAL MEMORANDUM by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority in support of Notice of Hearing, (Defendants' Supplemental Memorandum Following June 18, 2020 Chambers Conference). (Attachments: #1 Exhibit A, #2 Exhibit B)(Tarantino, John)
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TEXT ORDER granting #67 Motion to Appear Pro Hac Vice of Reginald Goeke. So Ordered by District Judge William E. Smith on 6/26/2020. (Simoncelli, Michael)
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Filing 67
MOTION for Reginald Goeke to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1522316 ) filed by All Plaintiffs. (Attachments: #1 Affidavit Affidavit of James A. Ruggieri in Support of Pro Hac Vice Admission of Reginald Goeke)(Ruggieri, James)
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Filing 66
TRANSCRIPT of Motions Hearing, held on May 28, 2020, before District Judge William E. Smith. Court Reporter Denise P. Veitch, Telephone number 401-752-7031. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 7/16/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/23/2020. (Veitch, Denise)
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Filing 65
TRANSCRIPT ORDER RESCINDED re: #62 Transcript Order, #64 Transcript Order, The Court Reporter certifies the transcript order is unable to be fulfilled for the following reasons: Hearing was not recorded. (Dias, Jennifer) Modified on 6/30/2020 Docket number given in error, no document attached. (Smith, Rana).
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Filing 64
TRANSCRIPT ORDER for proceedings held on 6/18/2020 before Judge Smith, J.. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Benjamin, Nicole)
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Filing 63
TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: #60 Transcript Order. Court Reporter/Transcriber: Denise Veitch. (Dias, Jennifer)
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NOTICE of Hearing: 'In' Chambers Conference via Zoom scheduled for Thursday 7/9/2020 at 3:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom invitation and instructions will be emailed to all counsel of record. (Jackson, Ryan)
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Minute Entry for proceedings held before District Judge William E. Smith: 'In' Chambers Conference (via Zoom) held on 6/18/2020; Counsel present: J. Ruggeiri, C. Rothfeld, E. Tager; B. Totten, M. Field, K. Hoffman; J. Tarantino, P. Rocha, N. Benjamin. (Jackson, Ryan)
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Filing 62
TRANSCRIPT ORDER for proceedings held on 6/18/20 before Judge William E. Smith. Daily Transcript selected. Transcript to be delivered following adjournment and prior to the normal opening hour of court on the following morning.. (Campbell, Colleen)
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Filing 61
RESPONSE IN OPPOSITION by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority re #57 Memorandum in Support (June 17, 2020 Letter to Judge Smith). (Tarantino, John)
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Filing 60
TRANSCRIPT ORDER for proceedings held on 5/28/20 before Judge William E. Smith. 14-Day Transcript selected. Transcript to be delivered within 14 calendar days.. (Campbell, Colleen)
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Filing 59
TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: #58 Transcript Order. Court Reporter/Transcriber: Denise Veitch. (Dias, Jennifer)
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Filing 58
TRANSCRIPT ORDER for proceedings held on 5/28/2020 before Judge Smith, J.. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Benjamin, Nicole)
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Filing 57
MEMORANDUM IN SUPPORT by All Plaintiffs in support of #38 MOTION for Preliminary Injunction Letter Brief to the Honorable William E. Smith regarding Federal Matching Funds. (Ruggieri, James)
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NOTICE of Hearing: "In" Chambers Conference via Zoom scheduled for Thursday 6/18/2020 at 2:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom invitation and instructions emailed to all counsel of record. (Jackson, Ryan)
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Minute Entry for proceedings held before District Judge William E. Smith: Motion Hearing held via video conference on 5/28/2020 re #38 MOTION for Preliminary Injunction #41 MOTION for Judgment on the Pleadings: C. Rothfeld, J. Ruggieri, M. Field, K. Hoffman, J. Tarantino, N. Benjamin, P. Rocha and B. Totter. Arguments heard. Court questions; each side responds. Court takes motions under advisement. (Court Reporter D. Veitch via Video Hearing at 9:58 am.) (Potter, Carrie)
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Filing 56
NOTICE of Appearance by Keith David Hoffmann on behalf of Peter Alviti, Jr. (Hoffmann, Keith)
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Filing 55
REPLY to Response re #48 Response to Motion, filed by All Plaintiffs. (Attachments: #1 Appendix Declaration of Darrin Roth, #2 Appendix Declaration of Christopher Maxwell)(Ruggieri, James)
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NOTICE of Hearing on #38 MOTION for Preliminary Injunction and #41 MOTION for Judgment on the Pleadings: Motion Hearing (via Zoom Video-Conference) scheduled for Thursday 5/28/2020 at 10:00 AM via Remote Hearing before District Judge William E. Smith; Zoom invite and instructions will be emailed to all counsel of record. (Jackson, Ryan)
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TEXT ORDER granting #54 Motion for Extension of Time to File to #38 MOTION for Preliminary Injunction; Replies due by 5/15/2020;. The Court will hear argument on the #38 Motion for Preliminary Injunction and #41 Motion for Judgment on the Pleadings at the same time via zoom video-hearing on Thursday May 28, 2020 at 10 AM; notice to follow. So Ordered by District Judge William E. Smith on 4/29/2020. (Jackson, Ryan)
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Filing 54
MOTION for an Extension of Time to File Response/Reply as to #48 Response to Motion, Unopposed filed by All Plaintiffs. Responses due by 5/12/2020. (Ruggieri, James)
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Filing 53
NOTICE of Withdrawal of Appearance of Rebecca Partington by Peter Alviti, Jr. (Field, Michael) Modified on 4/28/2020 to correct docket text (Potter, Carrie).
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Filing 52
DECLARATION re #48 Response to Motion, (Declaration of Theriza Iafrate) by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Tarantino, John)
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Filing 51
DECLARATION re #48 Response to Motion, (Declaration of Kristin Cipriano) by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Tarantino, John)
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Filing 50
DECLARATION re #48 Response to Motion, (Declaration of Paul Dombrowksi) by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Tarantino, John)
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Filing 49
DECLARATION re #48 Response to Motion, (Declaration of Loren Doyle) by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Tarantino, John)
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Filing 48
RESPONSE In Opposition to #38 MOTION for Preliminary Injunction filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Replies due by 5/1/2020. (Attachments: #1 Exhibit A - Hearing Transcript)(Tarantino, John)
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Filing 47
REPLY to Response re #46 Response to Motion for Judgment on the Pleadings filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Tarantino, John)
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Filing 46
RESPONSE In Opposition to #41 MOTION for Judgment on the Pleadings filed by All Plaintiffs. Replies due by 4/13/2020. (Ruggieri, James)
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TEXT ORDER granting #42 Motion for Extension of Time Up to and Including April 24, 2020 for Response to Motion for Preliminary Injunction; granting #45 Motion for Leave to File Document. The State's response to Plaintiff's Motion for Preliminary Injunction will be due by April 24, 2020. Plaintiffs' Reply will be due by May 1, 2020. So Ordered by District Judge William E. Smith on 3/30/2020. (Jackson, Ryan)
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Filing 45
MOTION for Leave to File Document filed by All Plaintiffs. Responses due by 4/10/2020. (Attachments: #1 Exhibit Proposed Sur-Reply Memorandum)(Ruggieri, James)
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Filing 44
REPLY to Response re #43 Response to Motion, for Extension of Time filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Tarantino, John)
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Filing 43
RESPONSE In Opposition to #42 MOTION for an Extension of Time Extension of Time Up to and Including April 24, 2020 for Response to Motion for Preliminary Injunction filed by All Plaintiffs. Replies due by 4/2/2020. (Ruggieri, James)
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Filing 42
MOTION for an Extension of Time Extension of Time Up to and Including April 24, 2020 for Response to Motion for Preliminary Injunction filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 4/8/2020. (Tarantino, John)
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Filing 41
MOTION for Judgment on the Pleadings filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 4/6/2020. (Tarantino, John)
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Filing 39
Defendants' ANSWER to Complaint by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tarantino, John)
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Filing 38
MOTION for Preliminary Injunction filed by All Plaintiffs. Responses due by 3/26/2020. (Ruggieri, James)
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Filing 37
MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with #40 USCA Judgment. (Hicks, Alyson) Docket Text Modified on 3/17/2020 (Hicks, Alyson).
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Filing 40
JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to #35 Notice of Appeal filed by Cumberland Farms, Inc., American Trucking Associations, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc. The judgment of the district court is reversed, and the matter is remanded for further proceedings consistent with the opinion issued this day. (Hicks, Alyson)
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Filing 36
CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). #35 Notice of Appeal. (Attachments: #1 ROA)(Potter, Carrie)
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USCA Case Number 19-1316 for #35 Notice of Appeal. (Jackson, Kerrie)
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Filing 35
NOTICE OF APPEAL by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc. ( filing fee paid $ 505.00, receipt number 0103-1342184 ) NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf Appeal Record due by 4/4/2019. (Ruggieri, James)
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Filing 34
JUDGMENT entered pursuant to #33 Opinion and Order. So Ordered by Chief Judge William E. Smith on 3/25/2019. (Jackson, Ryan)
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Filing 33
OPINION AND ORDER granting #21 Motion to Dismiss. So Ordered by Chief Judge William E. Smith on 3/19/2019. (Jackson, Ryan)
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Filing 32
TRANSCRIPT of Defendants' Motion to Dismiss, held on January 3, 2019, before Chief Judge William E. Smith. Court Reporter Denise P. Veitch, Telephone number 401-752-7031. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. NOTICE TO COUNSEL: Redaction Requests must be filed for personal identifiers only. All other redactions must be requested by motion. For local policy and sample redaction request visit our website at www.rid.uscourts.gov and select Transcripts under the Case Information menu option. Redaction Request due 2/6/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/16/2019. (Veitch, Denise)
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Filing 31
TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: #30 Transcript Order. Court Reporter/Transcriber: Denise Veitch. (Dias, Jennifer)
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Filing 30
TRANSCRIPT ORDER for proceedings held on 1/3/2019 before Judge William E. Smith. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Benjamin, Nicole)
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Minute Entry for proceedings held before Chief Judge William E. Smith: Motion Hearing held on 1/3/2019 re #21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction. James A. Ruggieri and Charles Rothfield for the Plaintiff. Michael W. Field for the Defendant. John A. Tarantino, Nicole J. Benjamin and H. Bart Totten for the Intervenor Defendant. Court addresses. Counsel argue Motion. Court takes motion under advisement. (Court Reporter Denise Veitch in Courtroom 3 at 10:05.) (Jackson, Kerrie)
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Filing 29
STIPULATION on Non-Preservation of Evidence filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Field, Michael)
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TEXT ORDER granting #26 Motion for Leave to File Sur-Reply. So Ordered by Chief Judge William E. Smith on 11/5/2018. (Jackson, Ryan)
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NOTICE of Hearing on #21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction: Motion Hearing scheduled for Thursday 1/3/2019 at 10:00 AM in Courtroom 3 before Chief Judge William E. Smith. (Jackson, Ryan)
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Filing 28
SUR-REPLY to Reply to Motion Response re #25 Reply to Response filed by All Plaintiffs. (Ruggieri, James)
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Filing 27
NOTICE by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority of its Response to Document 26 (Field, Michael)
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Filing 26
MOTION for Leave to File Document filed by American Trucking Associations, Inc.. Responses due by 11/8/2018. (Ruggieri, James)
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Filing 25
REPLY to Response re #23 Response to Motion, in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. (Field, Michael)
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TEXT ORDER granting #24 Motion for Extension of Time to File Reply up to and including 10/19/18. So Ordered by Chief Judge William E. Smith on 10/14/2018. (Jackson, Ryan)
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Filing 24
MOTION for an Extension of Time filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 10/10/2018. (Field, Michael)
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Filing 23
RESPONSE In Opposition to #21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc.. Replies due by 9/28/2018. (Ruggieri, James)
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TEXT ORDER granting #22 Motion for Extension of Time to respond to #21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction up to and including 9/21/18. So Ordered by Chief Judge William E. Smith on 9/6/2018. (Jackson, Ryan)
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Filing 22
MOTION for an Extension of Time Plaintiffs' to file response to Motion to Dismiss filed by All Plaintiffs. Responses due by 9/14/2018. (Ruggieri, James)
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Filing 21
MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Peter Alviti, Jr., Rhode Island Turnpike and Bridge Authority. Responses due by 9/7/2018. (Field, Michael)
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TEXT ORDER granting #16 Motion to Intervene: Nonparty Rhode Island Turnpike and Bridge Authority's ("RITBA") Motion to Intervene (ECF. No 16) is GRANTED. RITBA must respond to Plaintiffs' Complaint by 8/24/18. Defendants are encouraged to coordinate responses in order to reduce duplicative arguments. So Ordered by Chief Judge William E. Smith on 8/17/2018. (Jackson, Ryan)
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Filing 20
REPLY to Response re #19 Response to Motion to Intervene filed by Rhode Island Turnpike and Bridge Authority. (Tarantino, John)
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Filing 19
RESPONSE In Opposition to #16 MOTION to Intervene filed by All Plaintiffs. Replies due by 8/10/2018. (Ruggieri, James)
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Filing 18
NOTICE of Appearance by R. Bart Totten on behalf of Rhode Island Turnpike and Bridge Authority (Totten, R.)
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Filing 17
DECLARATION re #16 MOTION to Intervene (Declaration of Kathryn G. O'Connor) by Rhode Island Turnpike and Bridge Authority. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tarantino, John)
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Filing 16
MOTION to Intervene filed by Rhode Island Turnpike and Bridge Authority. Responses due by 8/10/2018. (Tarantino, John)
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Filing 15
NOTICE of Appearance by Nicole J. Benjamin on behalf of Rhode Island Turnpike and Bridge Authority (Benjamin, Nicole)
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Filing 14
NOTICE of Appearance by Patricia K. Rocha on behalf of Rhode Island Turnpike and Bridge Authority (Rocha, Patricia)
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Filing 13
NOTICE of Appearance by John A. Tarantino on behalf of Rhode Island Turnpike and Bridge Authority (Tarantino, John)
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Filing 12
RESPONSE In Opposition to #11 MOTION for an Extension of Time to Respond to the Complaint filed by All Plaintiffs. Replies due by 7/31/2018. (Ruggieri, James)
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TEXT ORDER granting #11 Motion for Extension of Time; Reset Deadlines: Peter Alviti, Jr. answer due 8/24/2018 - So Ordered by Chief Judge William E. Smith on 7/24/2018. (Urizandi, Nisshy)
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Filing 11
MOTION for an Extension of Time to Respond to the Complaint filed by Peter Alviti, Jr.. Responses due by 8/6/2018. (Field, Michael)
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Filing 10
NOTICE of Appearance by Rebecca Tedford Partington on behalf of Peter Alviti, Jr. (Partington, Rebecca)
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Filing 9
MOTION for Colleen M. Campbell to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1237437 ) filed by All Plaintiffs. (Ruggieri, James)
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TEXT ORDER granting #9 Motion to Appear Pro Hac Vice of Colleen M Campbell. So Ordered by Chief Judge William E. Smith on 7/17/2018. (Potter, Carrie)
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Filing 8
SUMMONS Returned Executed by American Trucking Associations, Inc.. Peter Alviti, Jr. served on 7/10/2018, answer due 7/31/2018. (Ruggieri, James)
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Filing 7
NOTICE of Appearance by Michael W. Field on behalf of Peter Alviti, Jr. (Field, Michael)
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Filing 6
MOTION for Evan Tager to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1235265 ) filed by All Plaintiffs. (Ruggieri, James)
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Filing 5
MOTION for Charles Rothfeld to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1235250 ) filed by All Plaintiffs. (Ruggieri, James) (Main Document 5 replaced on 7/11/2018) (Potter, Carrie).
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Filing 4
Corporate Disclosure Statement by American Trucking Associations, Inc., Cumberland Farms, Inc., M&M Transport Services, Inc., New England Motor Freight, Inc. identifying Corporate Parent Shevell Group of Companies for New England Motor Freight, Inc... (Ruggieri, James)
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TEXT ORDER granting #5 Motion to Appear Pro Hac Vice of Charles Rothfeld. So Ordered by Chief Judge William E. Smith on 7/11/2018. (Potter, Carrie)
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TEXT ORDER granting #6 Motion to Appear Pro Hac Vice of Evan Tager. So Ordered by Chief Judge William E. Smith on 7/11/2018. (Potter, Carrie)
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Filing 3
Summons Issued as to Peter Alviti, Jr.. (Potter, Carrie)
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Filing 2
CASE OPENING NOTICE ISSUED (Potter, Carrie)
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Filing 1
COMPLAINT ( filing fee paid $ 400.00, receipt number 0103-1234614 ), filed by New England Motor Freight, Inc., American Trucking Associations, Inc., M&M Transport Services, Inc., Cumberland Farms, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Ruggieri, James)
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Case assigned to Chief Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. (Potter, Carrie)
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