Murray v. Community College of Rhode Island et al
| Steven D. Murray |
| Community College of Rhode Island, Council on Postsecondary Education, Rosemary Costigan and Council on Post Secondary Education |
| 1:2023cv00469 |
| November 9, 2023 |
| US District Court for the District of Rhode Island |
| Lincoln D Almond |
| William E Smith |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on March 21, 2024. A more recent docket listing may be available from PACER.
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| Filing 20 TRANSCRIPT ORDER for proceedings held on 1/4/2024 before Judge Smith. Expedited Transcript selected. Transcript to be delivered within 7 calendar days.. (Sinapi, Richard) |
| Filing 19 RESPONSE In Opposition to #16 MOTION to Strike #12 Answer to Complaint Plaintiff's Motion to Strike Immaterial, Impertinent or Scandalous Statements from Defendants' Answer filed by All Defendants. Replies due by 1/2/2024. (Richard, Steven) |
| Filing 18 REPLY to Response re #17 Response to Motion, in Support of Defendants' Rule 12(c) Motion as to Counts IV, V, VI, and VIII) filed by All Defendants. (Richard, Steven) |
| Filing 17 RESPONSE In Opposition to #13 MOTION for Judgment on the Pleadings as to Counts IV, V, VI and VIII of the Verified Complaint filed by Steven D. Murray. Replies due by 12/29/2023. (Sinapi, Richard) |
| Filing 16 MOTION to Strike #12 Answer to Complaint Plaintiff's Motion to Strike Immaterial, Impertinent or Scandalous Statements from Defendants' Answer filed by Steven D. Murray. Responses due by 1/5/2024. (Sinapi, Richard) |
| Filing 15 REPLY to Response re #14 Response to Motion, Plaintiff's Reply to Defendants' Objection to Motion for Temporary Restraining Order filed by Steven D. Murray. (Attachments: #1 Appendix Plaintiff's Record Appendix in Support of His Reply to Defendants' Objection to Motion for Temporary Restraining Order, #2 Exhibit Y, #3 Exhibit Z, #4 Exhibit AA, #5 Exhibit BB, #6 Exhibit CC, #7 Exhibit DD, #8 Exhibit EE, #9 Exhibit FF, #10 Exhibit GG, #11 Exhibit HH, #12 Exhibit II)(Sinapi, Richard) CLERKS NOTE: Attachment 6 replaced on 12/27/2023; original filing reportedly had missing pages. (Gonzalez Gomez, Viviana). |
| Filing 14 RESPONSE In Opposition to #2 MOTION for Temporary Restraining Order filed by Community College of Rhode Island, Rosemary Costigan, Council on Post Secondary Education. Replies due by 12/22/2023. (Attachments: #1 Exhibit (A: Declaration of Alix Ogden), #2 Exhibit (B: Declaration of Sybil Bailey), #3 Exhibit (C: ULP Charge), #4 Exhibit (D: ULP Complaint))(Richard, Steven) |
| Filing 13 MOTION for Judgment on the Pleadings as to Counts IV, V, VI and VIII of the Verified Complaint filed by Community College of Rhode Island, Rosemary Costigan, Council on Post Secondary Education. Responses due by 12/29/2023. (Richard, Steven) |
| Filing 12 ANSWER to Complaint with Affirmative Defenses and Jury Trial Demand by Community College of Rhode Island, Rosemary Costigan, Council on Post Secondary Education.(Richard, Steven) |
TEXT ORDER denying Plaintiff's #9 Motion to Expedite Response to Request for Production of Documents Propounded to Defendants. Plaintiff seeks early and expedited discovery in advance of the January 4, 2024, hearing on his Motion for Temporary Restraining Order and Preliminary Injunctive Relief ("TRO/PI Motion"), ECF No. #2 . Plaintiff requests "documents... including but not limited to emails, text messages, letters, or memos during the period September 1, 2022 through November 19, 2023, wherein the subject matter relates to the Plaintiff, [that were] prepared, sent, or received by" eight named individuals, and documents memorializing such communications. Pl.'s First Req. Produc. Docs. Directed to Defs. 3, ECF No. 9-1. Plaintiff asks the Court to order Defendants to comply with the request within fourteen days of the order. Pl.s Mot. Expedited Resps. Req. Produc. Docs. Propounded Defs. 4 ("Mot."), ECF No. #9 . Defendants oppose the Motion. Defs.' Oppn Pl.'s Mot. Expedited Discovery ("Oppn"), ECF No. #10 . Plaintiff filed a reply. Pl.'s Reply, ECF No. #11 . A party must show good cause to obtain expedited discovery. See Fed. R. Civ. P. 26(d)(1); Momenta Pharms., Inc. v. Teva Pharms. Indus. Ltd., 765 F. Supp. 2d 87, 88 (D. Mass. 2011). "[G]ood cause for expedited discovery exists if the request is 'reasonable... in light of all the circumstances,' when considering the purpose for the discovery, the ability of the discovery to preclude demonstrated irreparable harm, the plaintiffs likelihood of success on the merits, the burden of discovery on the defendant, and the degree of prematurity.'" KPM Analytics N. Am. v. Blue Sun Sci., LLC, 540 F. Supp. 3d 145, 146 (D. Mass. 2021) (quoting Momenta Pharms., 765 F. Supp. 2d at 88). The Court finds that Plaintiff fails to show good cause for expedited discovery. Regarding the purpose of the discovery, Plaintiff states that the requested documents "directly bear on his claims that he was banished and is being punished for engaging in protected First Amendment conduct" and having such documents would "allow this Court to more justly and accurately adjudicate the issues." Mot. 3. The Court infers the documents might relate to Plaintiff's retaliation claim, but as discussed at the November 21, 2023 conference, the focus of the TRO/PI hearing will be less on Plaintiff's retaliation claim and more on his infringement claim. This also speaks to the prematurity factor, for the Court sees the retaliation claim as more appropriately addressed in a motion after the TRO/PI stage. Additionally, Plaintiff does not specify how the requested documents would support his TRO/PI arguments beyond what is already available in the record. Further, Plaintiff does not address the irreparable harm that would result from denial of the request or his likelihood of success on the merits of the TRO/PI Motion. Lastly, Plaintiff fails to sufficiently rebut Defendants' demonstration of burden. See Oppn 5-6; Reply 2-3. Accordingly, Plaintiff's #9 Motion to Expedite Response to Request for Production of Documents Propounded to Defendants is DENIED. So Ordered by District Judge William E. Smith on 12/8/2023. (Urizandi, Nissheneyra)
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| Filing 11 REPLY to Response re #10 Response to Motion for Expedited Response to RfPD filed by Steven D. Murray. (Sinapi, Richard) |
| Filing 10 RESPONSE In Opposition to #9 MOTION to Expedite Response to Request for Production of Documents Propounded to Defendants filed by All Defendants. Replies due by 12/12/2023. (Richard, Steven) |
| NOTICE of Hearing re #2 MOTION for Temporary Restraining Order and Preliminary Injunction: Hearing set for 1/4/2024 at 2:00 PM in Courtroom 3 before District Judge William E. Smith. (Urizandi, Nissheneyra) |
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TEXT ORDER: Per the conference held on November 21, 2023, the response to the Motion for TRO and Preliminary Injunction is due December 15, 2023 and replies are due December 22, 2023. So Ordered by District Judge William E. Smith on 12/4/2023. (Urizandi, Nissheneyra)
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TEXT ORDER: The Court is in receipt of Plaintiff's #9 Motion to Expedite Response to Request for Production of Documents. Given the time-sensitive nature of the request, Defendants are ordered to respond to the Motion by December 6, 2023, close of business. So Ordered by District Judge William E. Smith on 12/1/2023. (Urizandi, Nissheneyra)
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| Filing 9 MOTION to Expedite Response to Request for Production of Documents Propounded to Defendants filed by Steven D. Murray. Responses due by 12/14/2023. (Attachments: #1 Exhibit Limited Expedited Request for Production)(Sinapi, Richard) |
| Minute Entry for proceedings held before District Judge William E. Smith: In Chambers Conference held on 11/21/2023. ( (Courtroom Zoom at 10:35 AM.) (Urizandi, Nissheneyra) |
| Filing 8 SUMMONS Returned Executed by Steven D. Murray. Rosemary Costigan served on 11/15/2023, answer due 12/6/2023. (Sinapi, Richard) |
| Filing 7 SUMMONS Returned Executed by Steven D. Murray. Council on Post Secondary Education served on 11/15/2023, answer due 12/6/2023. (Sinapi, Richard) |
| Filing 6 SUMMONS Returned Executed by Steven D. Murray. Community College of Rhode Island served on 11/15/2023, answer due 12/6/2023. (Sinapi, Richard) |
| NOTICE of Hearing: Chambers Conference set for 11/21/2023 at 10:30 AM by Zoom before District Judge William E. Smith. This is a non-public hearing for attorneys of recrod only. (Zoom Meeting ID: 161 795 8430, Passcode: 670896) (Urizandi, Nissheneyra) |
| Filing 5 Summons Issued as to Community College of Rhode Island, Rosemary Costigan, Council on Post Secondary Education. (Attachments: #1 Summons, #2 Summons)(Hill, Cherelle) |
| Filing 4 CASE OPENING NOTICE ISSUED (Hill, Cherelle) |
| Filing 3 NOTICE of Appearance by Steven M. Richard on behalf of All Defendants (Richard, Steven) |
| Case assigned to District Judge William E. Smith and Magistrate Judge Lincoln D. Almond. (Hill, Cherelle) |
| Filing 2 MOTION for Temporary Restraining Order filed by Steven D. Murray. (Attachments: #1 Supporting Memorandum, #2 Appendix Plaintiff's Record Appendix, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X)(Sinapi, Richard) |
| Filing 1 COMPLAINT ( filing fee paid $ 402.00, receipt number ARIDC-1930040 ), filed by Steven D. Murray. (Attachments: #1 Civil Cover Sheet, #2 Summons Request - CCRI, #3 Summons Request - CPSE, #4 Summons Request - Rosemary Costigan)(Sinapi, Richard) |
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