Case: Davidson v. City of Cranston, Rhode Island

Davidson v. City of Cranston

U.S. Court of Appeals for the First Circuit

Prison Gerrymandering Project

ACLU

COMPLAINT ( filing fee paid $ 400.00 receipt number 14670012913 ), filed by Karen Davidson, Debbie Flitman, Sylvia Weber, American Civil Liberties Union of Rhode Island, Inc., Eugene Perry. (Attachments: # 1 Civil Cover Sheet)(Farrell Pletcher, Paula) (Entered: 02/19/2014)

1 Civil Cover Sheet

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Summons Issued as to City of Cranston, Rhode Island. (Farrell Pletcher, Paula)

MOTION for to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-711898 )for admission pro hac vice of Brenda Wright filed by All Plaintiffs. (Labinger, Lynette) Docket Text Modified on 2/24/2014 (Farrell Pletcher, Paula). (Entered: 02/23/2014)

MOTION for Sean J. Young to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-711899 ) filed by All Plaintiffs. (Labinger, Lynette) (Entered: 02/23/2014)

TEXT ORDER granting 3 Motion to Appear Pro Hac Vice of Sean J Young. So Ordered by Senior Judge Ronald R. Lagueux on 2/26/14. (Cavaco, Janice) Modified on 2/26/2014 (Cavaco, Janice).

TEXT ORDER granting 2 Motion to Appear Pro Hac Vice of Brenda Wright. So Ordered by Senior Judge Ronald R. Lagueux on 2/26/14. (Cavaco, Janice) Modified on 2/27/2014 (Cavaco, Janice).

SUMMONS Returned Executed by Karen Davidson, Debbie Flitman, Sylvia Weber, American Civil Liberties Union of Rhode Island, Inc., Eugene Perry. City of Cranston, Rhode Island served on 2/20/2014, answer due 3/13/2014. (Labinger, Lynette) (Entered: 03/02/2014)

NOTICE of Appearance by David J. Pellegrino on behalf of City of Cranston, Rhode Island (Pellegrino, David) (Entered: 03/03/2014)

NOTICE of Appearance by Normand G. Benoit on behalf of City of Cranston, Rhode Island (Benoit, Normand) (Entered: 03/04/2014)

MOTION to Dismiss filed by City of Cranston, Rhode Island. Responses due by 3/31/2014 (Pellegrino, David) (Entered: 03/13/2014)

MEMORANDUM IN SUPPORT by City of Cranston, Rhode Island in support of 7 MOTION to Dismiss . (Pellegrino, David) (Entered: 03/13/2014)

RESPONSE in Opposition re 7 MOTION to Dismiss the Complaint With Supporting Memo filed by All Plaintiffs. (Attachments: # 1 Supporting Memorandum in Opposition to Motion to Dismiss)(Labinger, Lynette) (Entered: 03/31/2014)

1 Supporting Memorandum in Opposition to Motion to Dismiss

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MOTION for Adam Lioz to Appear Pro Hac Vice ( filing fee paid $ 50.00, receipt number 0103-724035 ) filed by All Plaintiffs. (Labinger, Lynette) (Entered: 03/31/2014)

TEXT ORDER granting 9 Motion to Appear Pro Hac Vice of Adam Lioz. So Ordered by Senior Judge Ronald R. Lagueux on 4/2/14. (Cavaco, Janice)

NOTICE of Hearing on Motion 7 MOTION to Dismiss : Motion Hearing set for 4/23/2014 02:00 PM in Courtroom 4 before Senior Judge Ronald R. Lagueux. (Cavaco, Janice)

NOTICE of Hearing: TIME CHANGE ONLY Motion Hearing originally set for 4/23/2014 at 02:00 PM in Courtroom 4 before Senior Judge Ronald R. Lagueux is CHANGED to 4/23/14 at 2:30 PM. (Cavaco, Janice)

REPLY MEMORANDUM re 10 Response in Opposition to Motion to Dismiss. (Pellegrino, David) (Entered: 04/07/2014)

Minute Entry for proceedings held before Senior Judge Ronald R. Lagueux: Motion Hearing held on 4/23/2014 re 7 MOTION to Dismiss for Failure to State a Claim filed by City of Cranston, Rhode Island. (Lynette Labinger, Esq., Brenda Wright, Esq., Adam Lioz, Esq., for Plaintiffs; Norman Benoit, Esq., David Pellegrino, Esq. for Defendant) Attorneys argue motion. Court takes motion under advisement for issuance of a written opinion. (Court Reporter Karen Wischnowsky in Courtroom 4 at 2:30 p.m.) (Farrell Pletcher, Paula)

MEMORANDUM AND ORDER Re: 7 Motion to Dismiss filed by City of Cranston, Rhode Island DENIED. The Court will issue a pretrial scheduling order. So Ordered by Senior Judge Ronald R. Lagueux on 9/8/14. (Cavaco, Janice) (Main Document 12 replaced on 9/8/2014) (Cavaco, Janice). (Entered: 09/08/2014)

NOTICE of Hearing: Rule 16 Conference set for 9/17/2014 02:00 PM in Senior Judge Lagueux Chambers - Room 225 before Senior Judge Ronald R. Lagueux. (Cavaco, Janice)

HEARING CANCELLED: Rule 16 conference set for 9/17/14 at 2:00 PM is CANCELLED. (Cavaco, Janice)

NOTICE of Hearing: Rule 16 Conference set for 10/8/2014 03:00 PM in Senior Judge Lagueux Chambers - Room 225 before Senior Judge Ronald R. Lagueux. (Cavaco, Janice)

ANSWER to 1 Complaint, by City of Cranston, Rhode Island.(Pellegrino, David) (Entered: 09/22/2014)

RULE 16 STATEMENT by All Plaintiffs. (Labinger, Lynette) (Entered: 10/01/2014)

PRETRIAL SCHEDULING ORDER: Factual Discovery due by 3/31/2015. Expert Discovery due by 6/30/2015. Plaintiffs' expert disclosures due by 4/30/15. Defendant's expert disclosures due by 5/30/15. Pretrial Memorandum due by 9/30/2015. So Ordered by Senior Judge Ronald R. Lagueux on 10/8/14. (Cavaco, Janice) (Entered: 10/08/2014)

Minute Entry for proceedings held before Senior Judge Ronald R. Lagueux: Rule 16 Conference held on 10/8/2014. Pretrial Order entered. (Cavaco, Janice)

MOTION for Summary Judgment filed by City of Cranston, Rhode Island. Responses due by 7/27/2015 (Attachments: # 1 Supporting Memorandum, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Pellegrino, David) (Entered: 07/09/2015)

1 Supporting Memorandum

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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Assented MOTION for an Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment to August 7, 2015 filed by All Plaintiffs. Responses due by 7/31/2015 (Labinger, Lynette) (Entered: 07/14/2015)

MOTION for an Extension of Time and for Leave to File Cross-Motion for Summary Judgment on or before August 7, 2015 filed by All Plaintiffs. Responses due by 7/31/2015 (Labinger, Lynette) (Entered: 07/14/2015)

STATEMENT OF UNDISPUTED FACTS by City of Cranston, Rhode Island re 16 MOTION for Summary Judgment . (Pellegrino, David) (Entered: 07/15/2015)

TEXT ORDER granting 17 Motion for Extension of Time to File Response/Reply to 16 MOTION for Summary Judgment ( Responses due by 8/7/2015, Replies due by 8/17/2015.); granting 18 Motion for Extension of Time to File Cross Motion for Summary Judgment; Set/Reset Deadlines: ( Responses due by 8/7/2015, Replies due by 8/17/2015.). So Ordered by Senior Judge Ronald R. Lagueux on 7/15/2015. (Farrell Pletcher, Paula)

Order on Motion for Extension of Time AND Set/Reset Deadlines AND Order on Motion for Extension of Time to File Response/Reply

RESPONSE in Opposition re 16 MOTION for Summary Judgment of the Defendant WITH SUPPORTING MEMO filed by All Plaintiffs. Replies due by 8/17/2015. (Attachments: # 1 Supporting Memorandum Jointly Filed in Support of Plaintiffs' Objection and Plaintiffs' Cross-Motion for Summary Judgment)(Labinger, Lynette) (Entered: 08/06/2015)

1 Supporting Memorandum Jointly Filed in Support of Plaintiffs' Objection and

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Cross MOTION for Summary Judgment of the Plaintiffs WITH SUPPORTING MEMO filed by All Plaintiffs. Responses due by 8/24/2015 (Attachments: # 1 Supporting Memorandum Jointly Filed in Support of Plaintiffs' Objection and Plaintiffs' Cross-Motion for Summary Judgment)(Labinger, Lynette) (Entered: 08/06/2015)

1 Supporting Memorandum Jointly Filed in Support of Plaintiffs' Objection and

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STATEMENT OF DISPUTED FACTS by All Plaintiffs re 20 Response in Opposition to Motion, 21 Cross MOTION for Summary Judgment of the Plaintiffs. (Labinger, Lynette) (Entered: 08/06/2015)

STATEMENT OF UNDISPUTED FACTS by All Plaintiffs re 20 Response in Opposition to Motion, 21 Cross MOTION for Summary Judgment of the Plaintiffs. (Labinger, Lynette) (Entered: 08/06/2015)

DECLARATION re 20 Response in Opposition to Motion, 21 Cross MOTION for Summary Judgment of the Plaintiffs of Sean J. Young with Exhibits 1-26 by All Plaintiffs. (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-part 1, # 26 Exhibit 25-part 2, # 27 Exhibit 26)(Labinger, Lynette) (Entered: 08/06/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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21 Exhibit 21

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22 Exhibit 22

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23 Exhibit 23

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24 Exhibit 24

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25 Exhibit 25-part 1

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26 Exhibit 25-part 2

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27 Exhibit 26

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Assented MOTION for an Extension of Time to Oppose Plaintiffs' Cross Motion for Summary Judgment filed by City of Cranston, Rhode Island. Responses due by 8/31/2015 (Pellegrino, David) (Entered: 08/12/2015)

Assented MOTION for an Extension of Time to File Response/Reply as to 20 Response in Opposition to Motion, for Summary Judgment filed by City of Cranston, Rhode Island. Responses due by 8/31/2015 (Pellegrino, David) (Entered: 08/12/2015)

TEXT ORDER granting 25 Motion for Extension of Time for Defendant to respond to 21 Plaintiff's Cross Motion for Summary Judgment ; Set/Reset Deadlines: ( Responses due by 8/31/2015). So Ordered by Senior Judge Ronald R. Lagueux on 8/17/2015. (Farrell Pletcher, Paula)

Set/Reset Deadlines AND Order on Motion for Extension of Time to File Response/Reply

Set/Reset Deadlines AND Order on Motion for Extension of Time

TEXT ORDER granting 26 Motion for Extension of Time to File Response/Reply to Plaintiff's 20 Response in opposition to Defendant's Motion for Summary Judgment ; Set/Reset Deadlines: Replies due by 8/31/2015. So Ordered by Senior Judge Ronald R. Lagueux on 8/17/2015. (Farrell Pletcher, Paula)

RESPONSE in Opposition re 21 Cross MOTION for Summary Judgment of the Plaintiffs filed by City of Cranston, Rhode Island. Replies due by 9/10/2015. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Pellegrino, David) (Main Document 27 replaced on 9/2/2015) (Farrell Pletcher, Paula). (Entered: 08/31/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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REPLY to Response to Motion re 20 Response in Opposition to Motion, filed by City of Cranston, Rhode Island. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Pellegrino, David) (Entered: 08/31/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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RESPONSE IN OPPOSITION by City of Cranston, Rhode Island re 23 Statement of Undisputed Facts, 22 Statement of Disputed Facts . Replies due by 9/8/2015. (Pellegrino, David) (Entered: 08/31/2015)

Assented MOTION for an Extension of Time to File Response/Reply as to 29 Response in Opposition, 27 Response in Opposition to Motion, filed by All Plaintiffs. Responses due by 9/21/2015 (Lioz, Adam) (Entered: 09/03/2015)

TEXT ORDER granting 30 Motion for Extension of Time to File Response/Reply re 30 Assented MOTION for an Extension of Time to File Response/Reply as to 29 Response in Opposition, 27 Response in Opposition to Motion, Responses due by 9/18/2015. So Ordered by Senior Judge Ronald R. Lagueux on 9/8/2015. (Cavaco, Janice)

Order on Motion for Extension of Time to File Response/Reply

REPLY to Response to Motion re 27 Response in Opposition to Motion, filed by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Affidavit)(Lioz, Adam) (Entered: 09/18/2015)

1 Exhibit

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2 Affidavit

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HEARING CANCELLED: Hearing on cross motions for summary judgment before Senior Judge Lagueux on 10/14/15 at 2:30 PM is CANCELLED. No future hearing date is set at this time. (Cavaco, Janice)

Hearing Cancelled

ORDER: In light of the United States Supreme Court's recent ruling in Evenwel, et al vs. Abbott, decided on April 4, 2016, the parties are provided thirty days to submit supplemental memoranda addressing the impact of Evenwel on this litigation. So Ordered by Senior Judge Ronald R. Lagueux on 4/7/2016. (Farrell Pletcher, Paula) (Entered: 04/07/2016)

RESPONSE in Support re 21 Cross MOTION for Summary Judgment of the Plaintiffs filed by All Plaintiffs. (Lioz, Adam) (Entered: 04/13/2016)

SUPPLEMENTAL MEMORANDUM by City of Cranston, Rhode Island in support of 29 Response in Opposition . (Pellegrino, David) (Entered: 05/05/2016)

MEMORANDUM AND ORDER Re: 21 Motion for Summary Judgment, filed by American Civil Liberties Union of Rhode Island, Inc., Debbie Flitman, Karen Davidson, Sylvia Weber, Eugene Perry, 16 Motion for Summary Judgment, filed by City of Cranston, Rhode Island. Defendant's motion for summary judgment is denied and plaintiffs' motion for summary judgment is granted. The City of Cranston, Cranston City Council and the City's Board of Canvassers are enjoined from holding further elections under the current ward districting plan. The Cranston City Council shall have thirty days from the entry of this Order to propose a districting plan that complies with this Order.. So Ordered by Senior Judge Ronald R. Lagueux on 5/24/2016. (Cavaco, Janice) (Main Document 35 replaced on 5/24/2016) (Cavaco, Janice). (Entered: 05/24/2016)

DECLARATORY JUDGMENT ENTERED in favor of American Civil Liberties Union of Rhode Island, Inc., Debbie Flitman, Eugene Perry, Karen Davidson, Sylvia Weber against City of Cranston, Rhode Island. (Farrell Pletcher, Paula) (Entered: 05/27/2016)

Order

TEXT ORDER VACATING 36 Declaratory Judgment. So Ordered by Senior Judge Ronald R. Lagueux on 5/27/2016. (Farrell Pletcher, Paula)

NOTICE OF APPEAL by City of Cranston, Rhode Island ( filing fee paid $ 505.00, receipt number 0103-974419 ) 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 6/7/2016. (Pellegrino, David) (Entered: 05/31/2016)

MOTION to Stay re 35 Memorandum and Order,,, filed by City of Cranston, Rhode Island. Responses due by 6/17/2016 (Attachments: # 1 Supporting Memorandum, # 2 Exhibit A, # 3 Exhibit B)(Pellegrino, David) (Entered: 05/31/2016)

MOTION to Expedite filed by City of Cranston, Rhode Island. Responses due by 6/17/2016 (Attachments: # 1 Supporting Memorandum)(Pellegrino, David) (Entered: 05/31/2016)

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). 37 Notice of Appeal. Documents Sent: 35, 37, 38, 39, 40. (Farrell Pletcher, Paula) (Entered: 06/01/2016)

NOTICE of Appearance by Robert K. Taylor on behalf of City of Cranston, Rhode Island (Taylor, Robert) (Entered: 06/01/2016)

USCA Case Number

USCA Case Number CCA16-1692 for 37 Notice of Appeal filed by City of Cranston, Rhode Island. (Farrell Pletcher, Paula)

RESPONSE in Opposition re 39 MOTION to Expedite WITH SUPPORTING MEMO filed by All Plaintiffs. Replies due by 6/13/2016. (Attachments: # 1 Supporting Memorandum)(Lioz, Adam) (Entered: 06/03/2016)

REPLY to Response to Motion re 42 Response in Opposition to Motion filed by City of Cranston, Rhode Island. (Pellegrino, David) (Entered: 06/03/2016)

ORDER denying 38 Motion to Stay. So Ordered by Senior Judge Ronald R. Lagueux on 6/7/2016. (Cavaco, Janice) (Entered: 06/07/2016)

Supplemental Record on Appeal transmitted to U.S. Court of Appeals for The First Circuit. 37 Notice of Appeal. Unrestricted Documents Sent: Document #44. (Farrell Pletcher, Paula) (Entered: 06/07/2016)

Assented MOTION for an Extension of Time to Apply by Motion for Attorneys Fees filed by All Plaintiffs. Responses due by 6/24/2016 (Lioz, Adam) (Entered: 06/07/2016)

TEXT ORDER granting 46 Assented To Motion for Extension of Time To Apply By Motion for Attorneys Fees. The time for filing fee applications is extended to 21 days after the Court enters a final declaratory judgment. So Ordered by Senior Judge Ronald R. Lagueux on 6/8/2016. (Cavaco, Janice)

Order on Motion for Extension of Time

ORDER of the U.S. Court of Appeals for the First Circuit entered as to 37 Notice of Appeal, filed by City of Cranston, Rhode Island. Appellant's motion to replace Exhibit I in its motion for a stay is granted. Appellant's motion for a stay pending appeal and for expedited consideration of the appeal is granted. The appeal will proceed as follows: appellant's brief shall be filed by July 5, 2016; appellees' brief shall be filed by July 26, 2016; and any reply brief shall be filed by August 2, 2016. In light of the abbreviated briefing schedule, the paper copies of the briefs shall be put in the mail for overnight delivery on the same date the briefs are electronically filed. It is anticipated that the appeal will be scheduled for oral argument during the Court's September 2016 sitting. (Smith, Rana) (Entered: 06/13/2016)

Supplemental Record on Appeal transmitted to U.S. Court of Appeals for The First Circuit. 37 Notice of Appeal. Unrestricted Documents Sent: #46 and Text Order granting motion. (Farrell Pletcher, Paula) (Entered: 06/28/2016)

JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to 37 Notice of Appeal, filed by City of Cranston, Rhode Island. The order of the district court is reversed, and the case is remanded with instructions to enter summary judgment for the City of Cranston. (Smith, Rana) (Entered: 09/21/2016)

OPINION of the U.S. Court of Appeals for the First Circuit entered as to 37 Notice of Appeal, filed by City of Cranston, Rhode Island. (Smith, Rana) (Entered: 09/21/2016)

CLERK'S JUDGMENT: Summary Judgment entered in favor of City of Cranston against American The Civil Liberties Union of Rhode Island, Inc., Debbie Flitman, Eugene Perry, Karen Davidson, Sylvia Weber. So Ordered by Deputy Clerk: on 9/26/2016. (Farrell Pletcher, Paula) (Entered: 09/26/2016)

TEXT ORDER: Pursuant to the September 21, 2016 decision of the U.S. Court of Appeals for the First Circuit, the Clerk is hereby ordered to enter Summary Judgment in favor of the City of Cranston. Related to 49 Judgment of the U.S. Court of Appeals for the First Circuit. So Ordered by Senior Judge Ronald R. Lagueux on 9/26/2016. (Farrell Pletcher, Paula)

Order

MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with 49 Judgment of the U.S. Court of Appeals for the First Circuit. (Smith, Rana) (Entered: 10/31/2016)