Soscia Holdings, LLC v. State of Rhode Island et al
| Soscia Holdings, LLC |
| State of Rhode Island, Director DEM Terence Gray, Rhode Island Department of Environmental Management and David E. Chopy |
| 1:2022cv00266 |
| July 18, 2022 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| Andrea K Johnstone |
| Landya B McCafferty |
| Mary S McElroy |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question: Tort Action |
| None |
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This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
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Filing 30
SECOND AMENDED COMPLAINT against Terence Gray, Rhode Island Department of Environmental Management, State of Rhode Island, David E. Chopy, filed by Soscia Holdings, LLC.(Simoncelli, Michael)
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HEARING CANCELLED: The Evidentiary Hearing on #5 MOTION for Preliminary Injunction set for 9/28/2022 at 09:00 AM has been continued and will be rescheduled to a later date. (Simoncelli, Michael)
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TEXT ORDER: Plaintiff Soscia Holdings, LLC, filed a motion to amend its complaint and an unopposed motion to continue the hearing on its preliminary injunction motion, which is currently set for September 28, 2022. Soscia's motion to amend the complaint (doc. no. 25) is granted, considering the early stage of this case and Soscia's representation that the amended complaint is intended to cure defects in the present complaint. Defendants' motion to dismiss (doc. no. 24) is denied without prejudice because it is moot. Soscia's motion to continue the preliminary injunction hearing (doc. nos. 26, 27) is also granted, and the September 28, 2022 preliminary injunction hearing is continued. The status conference set for September 20, 2022, will be used to set a new briefing schedule and date for the preliminary injunction hearing. So Ordered by District Judge Landya B McCafferty on 9/13/2022. (Simoncelli, Michael)
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Filing 29
RESPONSE In Opposition to #24 MOTION to Dismiss First Amended Verified Complaint (CORRECTED) Objection filed by Soscia Holdings, LLC. Replies due by 9/19/2022. (Dougherty, Patrick)
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Filing 28
RESPONSE In Opposition to #24 MOTION to Dismiss First Amended Verified Complaint (CORRECTED), #22 MOTION to Dismiss Objection filed by Soscia Holdings, LLC. Replies due by 9/19/2022. (Dougherty, Patrick)
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Filing 27
MOTION to Amend/Correct #24 MOTION to Dismiss First Amended Verified Complaint (CORRECTED) Motion for Continuance and Extension of Time filed by Soscia Holdings, LLC. Responses due by 9/26/2022. (Dougherty, Patrick)
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Filing 26
First MOTION to Continue Preliminary Injunction and Motion to Dismiss filed by Soscia Holdings, LLC. Responses due by 9/22/2022. (Attachments: #1 Memorandum in Support of Motion for Continuance)(Dougherty, Patrick)
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Filing 25
First MOTION to Amend/Correct Verified Amended Complaint filed by Soscia Holdings, LLC. Responses due by 9/22/2022. (Attachments: #1 proposed amended verified complaint, #2 Memorandum in Support of Motion for Leave to File Amended Complaint)(Dougherty, Patrick)
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CORRECTIVE DOCKET ENTRY Regarding: #22 MOTION to Dismiss . Document filed in error, please disregard. Please refer to #24 for correct filing. (DaCruz, Kayla)
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Filing 24
MOTION to Dismiss First Amended Verified Complaint (CORRECTED) filed by All Defendants. Responses due by 9/12/2022. (Attachments: #1 Supporting Memorandum, #2 Exhibit)(Vaz, Nicholas)
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Filing 23
RESPONSE In Opposition to #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by All Defendants. Replies due by 9/6/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Vaz, Nicholas)
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Filing 22
MOTION to Dismiss filed by All Defendants. Responses due by 9/12/2022. (Attachments: #1 Exhibit)(Vaz, Nicholas)
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NOTICE of Hearing: Status Conference set for 9/20/2022 at 02:00 PM by Zoom Video Conference before District Judge Landya B McCafferty.(Zoom Meeting ID: 160 886 8837, Passcode: 222922) (Simoncelli, Michael)
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NOTICE of Hearing: Evidentiary Hearing on #5 MOTION for Preliminary Injunction set for 9/28/2022 at 09:00 AM by Zoom Video Conference before District Judge Landya B McCafferty.(Zoom Meeting ID: 161 468 6027, Passcode: 549160) (Simoncelli, Michael)
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Filing 21
PROCEDURAL ORDER re: Motion for Preliminary Injunction. So Ordered by District Judge Landya B McCafferty on 8/18/2022. (Simoncelli, Michael)
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Minute Entry for proceedings held before District Judge Landya B McCafferty: Conference held on 8/18/2022. Participants: P. Dougherty for Plaintiff; N. Vaz for Defendants. Court hears argument on #20 Motion for Reconsideration. Court denies motion. Court to issue order setting briefing schedule re: motion for preliminary injunction and evidentiary hearing on preliminary injunction motion. (Court Reporter Lisa Schwam in Courtroom Zoom Video Hearing at 11:09 AM.) (Simoncelli, Michael)
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Set/Reset Deadlines as to #5 MOTION for Preliminary Injunction. Defendants' Response due by 8/29/2022. Plaintiff's Reply due by 9/8/2022. (Simoncelli, Michael)
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Filing 20
MOTION for Reconsideration of Motion for Temporary Restraining Order filed by Soscia Holdings, LLC. Responses due by 8/26/2022. (Attachments: #1 Supporting Memorandum Memorandum in Support of Motion for Reconsideration, #2 Exhibit Immediate Compliance Order, #3 Exhibit Affidavit)(Dougherty, Patrick)
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TEXT ORDER granting #17 Motion for Extension of Time to Answer or Otherwise Respond to Complaint Terence Gray answer due 8/25/2022; Rhode Island Department of Environmental Management answer due 8/25/2022; State of Rhode Island answer due 8/25/2022. So Ordered by District Judge Landya B McCafferty on 8/11/2022. (Simoncelli, Michael)
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Filing 19
REPLY to Response re #18 Response to Motion, filed by All Defendants. (Vaz, Nicholas)
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Filing 18
RESPONSE In Opposition to #17 First MOTION for an Extension of Time to File Answer or Otherwise Respond to Complaint filed by Soscia Holdings, LLC. Replies due by 8/17/2022. (Dougherty, Patrick)
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Filing 17
First MOTION for an Extension of Time to File Answer or Otherwise Respond to Complaint filed by All Defendants. Responses due by 8/23/2022. (Vaz, Nicholas)
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NOTICE of Hearing: In Chambers Conference set for 8/18/2022 at 11:00 AM by Zoom Video Conference before District Judge Landya B McCafferty. Zoom Meeting ID/Passcode emailed to counsel of record. (Simoncelli, Michael)
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Filing 16
SUMMONS Returned Executed by Soscia Holdings, LLC. Terence Gray served on 7/21/2022, answer due 8/11/2022. (Dougherty, Patrick)
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Filing 15
SUMMONS Returned Executed by Soscia Holdings, LLC. State of Rhode Island served on 7/21/2022, answer due 8/11/2022. (Dougherty, Patrick)
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Filing 14
SUMMONS Returned Executed by Soscia Holdings, LLC. Rhode Island Department of Environmental Management served on 7/21/2022, answer due 8/11/2022. (Dougherty, Patrick)
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Filing 13
Corporate Disclosure Statement by Soscia Holdings, LLC. (Dougherty, Patrick)
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Filing 12
NOTICE of Appearance by Nicholas M. Vaz on behalf of All Defendants (Vaz, Nicholas)
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Filing 11
PROCEDURAL ORDER. So Ordered by District Judge Landya B McCafferty on 7/29/2022. (Kenny, Meghan)
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Filing 10
CONCURRING ORDER. So Ordered by District Judge Landya B McCafferty on 7/29/2022. (Kenny, Meghan)
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Filing 9
ORDER OF RECUSAL by all Judges in the District of Rhode Island and transferring this case to the District of New Hampshire for assignment by designation.So Ordered by Chief Judge John J. McConnell, Jr. on 7/29/2022. (Kenny, Meghan)
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Endorsed Order: Plaintiff Soscia Holdings LLC moves for a temporary restraining order and preliminary injunction #5 enjoining enforcement of a cease and desist order issued by defendants. A court may issue a temporary restraining order "only if" specific facts in an affidavit or verified complaint "clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." Fed. R. Civ. P. 65(b)(1)(A). Plaintiff, which primarily argues that the deprivation of constitutional rights per se constitutes irreparable harm, has not shown in its papers that it will suffer an "immediate and irreparable injury" before defendants can be heard in opposition. See Public Service Co. of N.H. v. Town of West Newbury, 835 F.2d 380, 381-82 (1st Cir. 1987) (discussing circumstances when deprivation of constitutional rights does not necessarily cause irreparable harm). Accordingly, plaintiffs motion, to the extent it requests a temporary restraining order, is denied. After defendants appear in this suit, the court will hold a status conference to set a schedule for briefing and hearing on the preliminary injunction motion. So Ordered by District Judge Landya B McCafferty on 7/29/2022. (Kenny, Meghan)
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Case reassigned to District Judge Landya B McCafferty and Magistrate Judge Andrea K Johnstone. Magistrate Judge Lincoln D. Almond no longer assigned to the case. (Kenny, Meghan)
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Filing 8
ORDER OF RECUSAL entered. District Judge William E. Smith recused. So Ordered by District Judge William E. Smith on 7/28/2022. (Urizandi, Nissheneyra)
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Filing 7
ORDER OF RECUSAL entered. Chief Judge John J. McConnell, Jr. recused. Case reassigned to District Judge William E. Smith for all further proceedings. So Ordered by Chief Judge John J. McConnell, Jr. on 7/28/2022. (Jackson, Ryan)
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Filing 6
ORDER OF RECUSAL entered. District Judge Mary S. McElroy recused. Case reassigned to Chief Judge John J. McConnell, Jr. for all further proceedings. So Ordered by District Judge Mary S. McElroy on 7/28/2022. (Potter, Carrie)
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Filing 5
MOTION for Temporary Restraining Order and Preliminary Injunction filed by Soscia Holdings, LLC. (Attachments: #1 Supporting Memorandum Memorandum in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction)(Dougherty, Patrick)
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Filing 4
AMENDED COMPLAINT Verified Amended Complaint against All Defendants, filed by Soscia Holdings, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8)(Dougherty, Patrick)
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Filing 3
Summons Issued as to Terence Gray, Rhode Island Department of Environmental Management, State of Rhode Island. (Attachments: #1 Terence Gray Summons, #2 RI Dept of Enviro Mang Summons)(DaCruz, Kayla)
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Filing 2
CASE OPENING NOTICE ISSUED (DaCruz, Kayla)
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Filing 1
COMPLAINT ( filing fee paid $ 402.00, receipt number ARIDC-1778027 ), filed by Soscia Holdings, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Dougherty, Patrick)
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Case assigned to District Judge Mary S. McElroy and Magistrate Judge Lincoln D. Almond. (DaCruz, Kayla)
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