Cardi Corporation v. State of Rhode Island Department of Administration et al
Plaintiff: Cardi Corporation
Defendant: State of Rhode Island Department of Administration, United States Department of Transportation, Federal Highway Administration and State of Rhode Island Department of Transportation
Case Number: 1:2021cv00233
Filed: May 26, 2021
Court: US District Court for the District of Rhode Island
Presiding Judge: Lincoln D Almond
Referring Judge: William E Smith
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 551
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 29, 2021 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: Status/In Chambers Conference via Zoom held on 7/29/2021; counsel present: M. Russo, J. Ritzenberg; D. Majcher, K. Hubbard. (Jackson, Ryan)
July 27, 2021 Opinion or Order Filing 31 RESPONSE In Opposition to #26 Second MOTION to Dismiss for Lack of Jurisdiction 12(b)(1)Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 12(b)(6)First MOTION for Summary Judgment 56, #27 MOTION for Summary Judgment filed by Cardi Corporation. Replies due by 8/3/2021. (Russo, William)
July 27, 2021 Opinion or Order Filing 30 RESPONSE In Opposition to #28 Cross MOTION for Summary Judgment filed by United States Department of Transportation, Federal Highway Administration. Replies due by 8/3/2021. (Hubbard, Kevin)
July 27, 2021 Opinion or Order Filing 29 First RESPONSE In Opposition to #28 Cross MOTION for Summary Judgment by Plaintiff filed by State of Rhode Island Department of Administration, State of Rhode Island Department of Transportation. Replies due by 8/3/2021. (Majcher, Daniel)
July 21, 2021 Opinion or Order Filing 28 Cross MOTION for Summary Judgment filed by Cardi Corporation. Responses due by 8/4/2021. (Attachments: #1 Exhibit 1-3)(Russo, William)
July 21, 2021 Opinion or Order Filing 27 MOTION for Summary Judgment filed by United States Department of Transportation, Federal Highway Administration. Responses due by 8/4/2021. (Hubbard, Kevin)
July 21, 2021 Opinion or Order Filing 26 Second MOTION to Dismiss for Lack of Jurisdiction 12(b)(1), Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 12(b)(6), First MOTION for Summary Judgment 56 filed by State of Rhode Island Department of Administration, State of Rhode Island Department of Transportation. Responses due by 8/4/2021. (Majcher, Daniel)
July 20, 2021 Opinion or Order Filing 25 NOTICE by Cardi Corporation Jt Statement of Facts (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Russo, William)
July 12, 2021 Opinion or Order SET Deadlines: Cross-Motions for Summary Judgment to be filed by 7/20/2021; Responsive briefs to be filed by 7/27/21 (Jackson, Ryan)
July 12, 2021 Opinion or Order NOTICE of Hearing: Status/In Conference via Zoom scheduled for Thursday 7/29/2021 at 10:00 AM as a Remote Hearing before District Judge William E. Smith; Zoom invitation will be emailed to all counsel. (Jackson, Ryan)
July 7, 2021 Opinion or Order Filing 24 MEMORANDUM AND ORDER denying without prejudice #5 Motion for TRO- So Ordered by District Judge William E. Smith on 7/7/2021. (Barletta, Barbara)
July 7, 2021 Opinion or Order TEXT ORDER denying without prejudice #10 State Defendants' Motion to Dismiss and denying as moot #18 Motion to Extend Time. As discussed, the Court will decide the legal and factual issues presented by this case via the parties' forthcoming motions for summary judgment. See June 23, 2021 Hrg Tr. 56:10-20, ECF No. 23.- So Ordered by District Judge William E. Smith on 7/7/2021. (Barletta, Barbara)
July 4, 2021 Opinion or Order Filing 23 TRANSCRIPT of Motion for Temporary Restraining Order, held on June 28, 2021, before 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 7/26/2021. Redacted Transcript Deadline set for 8/4/2021. Release of Transcript Restriction set for 10/4/2021. (Veitch, Denise)
July 2, 2021 Opinion or Order Filing 22 TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: #21 Transcript Order. Court Reporter/Transcriber: Denise Veitch. (Dias, Jennifer)
July 2, 2021 Opinion or Order Filing 21 TRANSCRIPT ORDER for proceedings held on 6/28/2021 before Judge Smith. 3-Day Transcript Selected. Transcript to be delivered within 3 calendar days.. (Majcher, Daniel)
July 1, 2021 Opinion or Order Filing 20 TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: #19 Transcript Order. Court Reporter/Transcriber: Denise Veitch. (Dias, Jennifer)
July 1, 2021 Opinion or Order Filing 19 TRANSCRIPT ORDER for proceedings held on 06-28-2021 before Judge William Smith. 3-Day Transcript Selected. Transcript to be delivered within 3 calendar days.. (Russo, William)
June 28, 2021 Opinion or Order Filing 18 MOTION for an Extension of Time to File Response/Reply as to #10 First MOTION to Dismiss for Lack of Jurisdiction 12(b)(1)First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 12(b)(6) filed by Cardi Corporation. Responses due by 7/12/2021. (Russo, William)
June 28, 2021 Opinion or Order Filing 17 SUPPLEMENTAL MEMORANDUM by Cardi Corporation in support of #5 MOTION for Temporary Restraining Order , #15 Reply to Response, . (Russo, William)
June 28, 2021 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: Motion Hearing held on 6/28/2021 re #5 MOTION for Temporary Restraining Order : J. Ritzenberg, W.M. Russo, D. Majcher. L. Hubbard. Court hears arguments. Court to issue Order at a later date. Parties to confer and submit a schedule for Cross Motion for Summary Judgment. Recess. (Court Reporter D. Veitch in Courtroom Remote Hearing at 2:08 pm.) (Potter, Carrie)
June 18, 2021 Opinion or Order Filing 16 DECLARATION re #15 Reply to Response, This Declaration is a replacement for Exhibit 1 of Cardi's Reply. [Doc. No. 15-1] by Cardi Corporation. (Russo, William)
June 18, 2021 Opinion or Order Filing 15 REPLY to Response re #8 Response to Motion,, #7 Response to Motion,, filed by Cardi Corporation. (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)(Russo, William)
June 16, 2021 Opinion or Order Filing 14 SUMMONS Returned Executed by Cardi Corporation. United States Department of Transportation, Federal Highway Administration served on 5/27/2021, answer due 7/27/2021. (Russo, William) Modified on 6/28/2021 to correct answer date (Potter, Carrie).
June 16, 2021 Opinion or Order Filing 13 SUMMONS Returned Executed by Cardi Corporation. United States Department of Transportation, Federal Highway Administration served on 6/2/2021, answer due 8/2/2021. (Russo, William) Modified on 6/22/2021 to correct answer date(Potter, Carrie).
June 16, 2021 Opinion or Order Filing 12 SUMMONS Returned Executed by Cardi Corporation. (Russo, William)
June 16, 2021 Opinion or Order Filing 11 SUMMONS Returned Executed by Cardi Corporation. (Russo, William)
June 16, 2021 Opinion or Order Filing 10 First MOTION to Dismiss for Lack of Jurisdiction 12(b)(1), First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 12(b)(6) filed by State of Rhode Island Department of Administration, State of Rhode Island Department of Transportation. Responses due by 6/30/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Majcher, Daniel)
June 10, 2021 Opinion or Order Filing 9 NOTICE of Appearance by Kevin Love Hubbard on behalf of United States Department of Transportation, Federal Highway Administration (Hubbard, Kevin)
June 9, 2021 Opinion or Order Filing 8 RESPONSE In Opposition to #5 MOTION for Temporary Restraining Order filed by United States Department of Transportation, Federal Highway Administration. Replies due by 6/16/2021. (Attachments: #1 Affidavit Declaration of Carlos E. Padilla-Fresse, #2 Exhibit 1 to Padilla Decl., #3 Exhibit 2 to Padilla Decl., #4 Exhibit 3 to Padilla Decl., #5 Exhibit 4 to Padilla Decl., #6 Exhibit 5 to Padilla Decl., #7 Exhibit 6 to Padilla Decl., #8 Exhibit 7 to Padilla Decl., #9 Exhibit 8 to Padilla Decl., #10 Exhibit 9 to Padilla Decl., #11 Exhibit 10 to Padilla Decl., #12 Affidavit Declaration of Randy Warden, #13 Exhibit 1 to Warden Decl.)(Hubbard, Kevin)
June 9, 2021 Opinion or Order Filing 7 First RESPONSE In Opposition to #5 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by State of Rhode Island Department of Administration, State of Rhode Island Department of Transportation. Replies due by 6/16/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Majcher, Daniel)
June 7, 2021 Opinion or Order CORRECTED Reset Hearings re: Notice of Hearing on #5 MOTION for TRO: Motion Hearing via Zoom RE-SCHEDULED to MONDAY 6/28/2021 at 2:00 PM as a Remote Hearing before District Judge William E. Smith; hearing previously scheduled for 6/14/21 is hereby CANCELED; Zoom information below. (Zoom Meeting ID: 161 353 0340, Passcode: 973177)(Jackson, Ryan)
June 1, 2021 Opinion or Order NOTICE of Hearing on #5 MOTION for Temporary Restraining Order: Motion Hearing via Zoom scheduled for Monday 6/14/2021 at 9:00 AM as a Remote Hearing before District Judge William E. Smith; Zoom information below.(Zoom Meeting ID: 161 353 0340, Passcode: 973177) (Jackson, Ryan)
May 27, 2021 Opinion or Order Minute Entry for proceedings held before District Judge William E. Smith: In Chambers Conference via Zoom held on 5/27/2021; counsel present: M. Russo; J. Ritzenberg; Z. Cunha; K. Hubbard; D. Majcher. (Jackson, Ryan)
May 27, 2021 Opinion or Order Filing 6 AFFIDAVIT of Service, filed by Cardi Corporation for Complaint and TRO All Defendants. (Russo, William)
May 27, 2021 Opinion or Order NOTICE of Hearing: 'In' Chambers Conference via Zoom re: #5 Motion for TRO scheduled for THURSDAY 5/27/2021 at 2:00 PM as a Remote Hearing before District Judge William E. Smith; Zoom information has been emailed to counsel. (Jackson, Ryan)
May 27, 2021 Opinion or Order TEXT ORDER granting #2 Motion to Appear Pro Hac Vice of Jeremy Ritzenberg. So Ordered by District Judge William E. Smith on 5/27/2021. (Hicks, Alyson)
May 26, 2021 Filing 5 MOTION for Temporary Restraining Order filed by Cardi Corporation. (Russo, William)
May 26, 2021 Opinion or Order Filing 5 MOTION for Temporary Restraining Order filed by Cardi Corporation. (Russo, William)
May 26, 2021 Filing 4 Summons Issued as to State of Rhode Island Department of Administration, State of Rhode Island Department of Transportation, United States Department of Transportation, Federal Highway Administration. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Hicks, Alyson)
May 26, 2021 Opinion or Order Filing 4 Summons Issued as to State of Rhode Island Department of Administration, State of Rhode Island Department of Transportation, United States Department of Transportation, Federal Highway Administration. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Hicks, Alyson)
May 26, 2021 Filing 3 CASE OPENING NOTICE ISSUED (Hicks, Alyson)
May 26, 2021 Opinion or Order Filing 3 CASE OPENING NOTICE ISSUED (Hicks, Alyson)
May 26, 2021 Filing 2 MOTION for Jeremy Ritzenberg to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1628490 ) filed by Cardi Corporation. (Russo, William)
May 26, 2021 Opinion or Order Filing 2 MOTION for Jeremy Ritzenberg to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number 0103-1628490 ) filed by Cardi Corporation. (Russo, William)
May 26, 2021 Opinion or Order Filing 1 COMPLAINT ( filing fee paid $ 402.00, receipt number 0103-1628486 ), filed by Cardi Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B1-B3, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Civil Cover Sheet, #14 Summons RIDOA, #15 Summons RIDOT, #16 Summons FHWA-U.S. Attorney, #17 Summons FHWA-R.I. Division)(Russo, William)
May 26, 2021 Filing 1 COMPLAINT ( filing fee paid $ 402.00, receipt number 0103-1628486 ), filed by Cardi Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B1-B3, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Civil Cover Sheet, #14 Summons RIDOA, #15 Summons RIDOT, #16 Summons FHWA-U.S. Attorney, #17 Summons FHWA-R.I. Division)(Russo, William)
May 26, 2021 Opinion or Order Case assigned to District Judge William E. Smith and Magistrate Judge Lincoln D. Almond. (Hicks, Alyson)
May 26, 2021 Case assigned to District Judge William E. Smith and Magistrate Judge Lincoln D. Almond. (Hicks, Alyson)

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Defendant: State of Rhode Island Department of Administration
Represented By: Daniel W Majcher
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Defendant: United States Department of Transportation, Federal Highway Administration
Represented By: Kevin Love Hubbard
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Defendant: State of Rhode Island Department of Transportation
Represented By: Daniel W Majcher
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Plaintiff: Cardi Corporation
Represented By: William Mark Russo
Represented By: Jeremy Ritzenberg
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