Case: City of Providence v. Sessions

City of Providence v. Barr

City of Providence v. Barr

U.S. Court of Appeals for the First Circuit

Summons Issued as to Jefferson B. Sessions, III, United States Department of Justice and U.S. Attorney (Attachments: # 1 Summons, # 2 Summons)(Potter, Carrie) (Entered: 08/09/2018)

1 Summons

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2 Summons

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Summons Request filed by City of Central Falls, City of Providence. (DiSanto, Megan) (Entered: 08/09/2018)

Summons Request filed by City of Central Falls, City of Providence. (DiSanto, Megan) (Entered: 08/09/2018)

Summons Request filed by City of Central Falls, City of Providence. (DiSanto, Megan) (Entered: 08/09/2018)

NOTICE of Hearing on Motion 2 MOTION for Temporary Restraining Order : Motion Hearing set for Friday, 8/10/2018 at 01:00 PM in Courtroom 2 before District Judge John J. McConnell, Jr. (Barletta, Barbara)

MOTION for Temporary Restraining Order filed by City of Central Falls, City of Providence. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Potter, Carrie) (Entered: 08/09/2018)

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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COMPLAINT ( filing fee paid $ 400.00 receipt number 14670021121 ), filed by City of Providence, City of Central Falls. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(Potter, Carrie) (Entered: 08/09/2018)

1 Civil Cover Sheet

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2 Receipt

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HEARING CANCELLED: The 2 MOTION for Temporary Restraining Order scheduled for Friday, 8/10/18 at 1:00 p.m. in Courtroom 2 before Judge John J. McConnell, Jr. is cancelled(Barletta, Barbara)

TEXT ORDER: The Plaintiffs' 2 Motion for TRO is denied without prejudice as moot in light of the filing of the 8 Stipulation - So Ordered by District Judge John J. McConnell, Jr. on 8/10/2018 (Barletta, Barbara)

TEXT ORDER entering 8 Stipulation filed by all parties - So Ordered by District Judge John J. McConnell, Jr. on 8/10/2018 (Barletta, Barbara)

STIPULATION and Proposed Order signed by all parties filed by Jefferson B. Sessions, III, United States Department of Justice. (Cunha, Zachary) (Entered: 08/10/2018)

NOTICE of Appearance by Zachary A. Cunha on behalf of Jefferson B. Sessions, III, United States Department of Justice (Cunha, Zachary) (Entered: 08/10/2018)

SUMMONS Returned Executed by City of Providence, City of Central Falls. All Defendants. (DiSanto, Megan) (Entered: 08/20/2018)

STIPULATION And Proposed Order Extending Defendants Time To Respond To The Complaint, And Establishing Briefing Schedule filed by Jefferson B. Sessions, III, United States Department of Justice. (Attachments: # 1 Certificate of Service)(Cunha, Zachary) (Entered: 10/12/2018)

1 Certificate of Service

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STIPULATION and Proposed Order between Plaintiff City of Providence and Defendants with respect to FY2018 grant award filed by Jefferson B. Sessions, III, United States Department of Justice. (Attachments: # 1 Certificate of Service)(Cunha, Zachary) (Entered: 10/15/2018)

1 Certificate of Service

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TEXT ORDER entering 10 Stipulation of proposed schedule filed by all parties; Set Deadlines: Plaintiff shall file an Amended Complaint by 11/10/2018; Defendants will file a certified administrative record by 11/30/18; Plaintiff Municipalities will file a Motion for Summary Judgment on or before 12/21/18; Defendants shall file their opposition to Plaintiffs' Motion and any Motion to Dismiss on or before 1/31/19; Plaintiff Municipalities shall file their opposition to Defendants' motion if any and a reply on or before 3/1/19; Defendants shall file any reply in support of their motions on or before 4/1/19 - So Ordered by District Judge John J. McConnell, Jr. on 10/15/2018. (Barletta, Barbara)

STIPULATION AND ORDER regarding FY2018 grant awards- So Ordered by District Judge John J. McConnell, Jr. on 10/16/2018. (Barletta, Barbara) (Entered: 10/16/2018)

TEXT ORDER entering 11 Stipulation regarding FY2018 grant award - So Ordered by District Judge John J. McConnell, Jr. on 10/16/2018. (Barletta, Barbara)

STIPULATION and Proposed Order between Plaintiff City of Central Falls and Defendants with respect to FY2018 grant award filed by Jefferson B. Sessions, III, United States Department of Justice. (Attachments: # 1 Certificate of Service)(Cunha, Zachary) (Entered: 10/18/2018)

1 Certificate of Service

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STIPULATION AND ORDER regarding FY2018 grant awards as to City of Central Falls- So Ordered by District Judge John J. McConnell, Jr. on 10/19/2018. (Barletta, Barbara) (Entered: 10/19/2018)

TEXT ORDER entering 13 Stipulation filed by United States Department of Justice, Jefferson B. Sessions, III and City of Central Falls- So Ordered by District Judge John J. McConnell, Jr. on 10/19/2018. (Barletta, Barbara)

AMENDED COMPLAINT against All Defendants, filed by City of Providence, City of Central Falls. (Attachments: # 1 Exhibit FY17 PVD Award, # 2 Exhibit FY18 PVD Award, # 3 Exhibit FY17 CF Award, # 4 Exhibit FY18 Award)(DiSanto, Megan) (Entered: 11/09/2018)

1 Exhibit FY17 PVD Award

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2 Exhibit FY18 PVD Award

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3 Exhibit FY17 CF Award

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4 Exhibit FY18 Award

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NOTICE of Appearance by Daniel D. Mauler on behalf of All Defendants (Mauler, Daniel) (Entered: 11/28/2018)

Amended STIPULATION And Proposed Order Extending Defendants Time To Respond To The Complaint, And Establishing Bifurcated Briefing Schedule filed by All Plaintiffs. (Attachments: # 1 Proposed Order)(DiSanto, Megan) (Entered: 11/29/2018)

1 Proposed Order

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ORDER entering 17 Stipulation - So Ordered by District Judge John J. McConnell, Jr. on 11/30/2018. (Urizandi, Nisshy) (Entered: 11/30/2018)

ADMINISTRATIVE RECORD filed with respect to Fiscal Year 2017 Grants by Jefferson B. Sessions, III, United States Department of Justice NOTICE: In order to view this document, you must first log in using your CMECF Filer login.. (Attachments: # 1 Index to Administrative Record, # 2 Administrative Record- Part 1 of 3 (AR1-AR508), # 3 Administrative Record- Part 2 of 3 (AR509-AR616), # 4 Administrative Record- Part 3 of 3 (AR617-AR1037))(Cunha, Zachary) (Entered: 11/30/2018)

MOTION for Partial Summary Judgment re: Counts I-V (FY 2017 Claims) filed by All Plaintiffs. Responses due by 1/4/2019. (Attachments: # 1 Supporting Memorandum, # 2 Statement of Undisputed Facts, # 3 Plaintiff's Exhibits)(DiSanto, Megan) (Entered: 12/21/2018)

1 Supporting Memorandum

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2 Statement of Undisputed Facts

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3 Plaintiff's Exhibits

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SetDeadlines: Responses to 20 MOTION for Partial Summary Judgment re: Counts I-V (FY 2017 Claims) filed by City of Providence, City of Central Falls due by 1/31/2019. (Barletta, Barbara)

MOTION to Stay in light of lapse in appropriations filed by Jefferson B. Sessions, III, United States Department of Justice. Responses due by 2/8/2019. (Cunha, Zachary) (Entered: 01/25/2019)

MOTION for an Extension of Time to File Response/Reply - request to extend all filing deadlines with respect to briefiing on FY2017 claims by thirty days filed by Jefferson B. Sessions, III, United States Department of Justice. Responses due by 2/11/2019. (Cunha, Zachary) (Entered: 01/28/2019)

TEXT ORDER denying as moot 21 Motion to Stay- So Ordered by District Judge John J. McConnell, Jr. on 1/28/2019 (Barletta, Barbara)

TEXT ORDER granting 22 Motion for Extension of Time to File; Defendants shall file their opposition to 20 MOTION for Partial Summary Judgment re: Counts I-V (FY 2017 Claims) and any Motion to Dismiss/Motion for Summary Judgment on or before 3/2/19; Plaintiff municipalities shall file their opposition to defendants' motions and a reply in support of their Motion on or before 3/31/19 and on or before 5/1/19 defendants shall file any replies in support of their motions - So Ordered by District Judge John J. McConnell, Jr. on 1/29/2019 (Barletta, Barbara)

STATEMENT OF DISPUTED FACTS - Defendants Response To Plaintiffs Statement Of Material Facts (Docket No. [20-2]) by Jefferson B. Sessions, III, United States Department of Justice re 20 MOTION for Partial Summary Judgment re: Counts I-V (FY 2017 Claims). (Cunha, Zachary) (Entered: 03/02/2019)

STATEMENT OF UNDISPUTED FACTS in support of Defendants' Motion For Partial Summary Judgment (Docket No. 23 ) by Jefferson B. Sessions, III, United States Department of Justice. (Cunha, Zachary) (Entered: 03/02/2019)

Cross MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative,, MOTION for Partial Summary Judgment with respect to Counts I through V of the Amended Complaint (FY2017 Claims), and Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment (Docket No. 20 ) filed by Jefferson B. Sessions, III, United States Department of Justice. Responses due by 3/18/2019. (Attachments: # 1 Supporting Memorandum of law, # 2 Affidavit Declaration of Caridad Cephas-Kimbrough, Deputy Assistant Director, ICE Office of Enforcement and Removal Operations)(Cunha, Zachary) (Entered: 03/02/2019)

1 Supporting Memorandum of law

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2 Affidavit Declaration of Caridad Cephas-Kimbrough, Deputy Assistant Director, IC

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Order

TEXT ORDER: Pursuant to Fed. R. Civ. P. 25(d), United States Attorney General William Barr, in his official capacity as Attorney General of the United States, is substituted as a Defendant in this case in place of former U.S. Attorney General Jefferson B. Sessions, III.- So Ordered by District Judge John J. McConnell, Jr. on 3/5/2019 (Barletta, Barbara)

STATEMENT OF DISPUTED FACTS - Response to Defendants' Statement of Undisputed Facts by All Plaintiffs re 24 Statement of Undisputed Facts. (DiSanto, Megan) (Entered: 03/29/2019)

RESPONSE In Opposition to 23 Cross MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative, MOTION for Partial Summary Judgment with respect to Counts I through V of the Amended Complaint (FY2017 Claims), and Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment (Docket No. 20 ) and REPLY MEMORANDUM in Further Support of Plaintiffs' Motion for Summary Judgment on FY2017 Claims filed by All Plaintiffs. Replies due by 4/5/2019. (Attachments: # 1 Supporting Memorandum)(DiSanto, Megan) (Entered: 03/29/2019)

1 Supporting Memorandum

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REPLY to Response re 26 Response to Motion,, Defendants Reply In Further Support Of Their Motion To Dismiss, Or, In The Alternative, For Partial Summary Judgment with respect to Counts I through V of the Amended Complaint (Docket No. 23 ), and in Reply to Plaintiffs' Opposition filed by William Barr, United States Department of Justice. (Cunha, Zachary) (Entered: 05/01/2019)

Notice of Hearing on Motion

NOTICE of Hearing on Motion 23 Cross MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative, MOTION for Partial Summary Judgment with respect to Counts I through V of the Amended Complaint (FY2017 Claims), and Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment (Docket No. 20 ), 20 MOTION for Partial Summary Judgment re: Counts I-V (FY 2017 Claims) : Motion Hearing set for Monday, 6/10/2019 at 02:00 PM in Courtroom 1 before District Judge John J. McConnell, Jr.(Barletta, Barbara)

ADMINISTRATIVE RECORD filed with respect to Fiscal Year 2018 Grants by William Barr, United States Department of Justice NOTICE: In order to view this document, you must first log in using your CMECF Filer login.. (Attachments: # 1 Exhibit Administrative Record, Part 1, # 2 Exhibit Administrative Record, Part 2, # 3 Exhibit Administrative Record, Part 3, # 4 Exhibit Administrative Record, Part 4, # 5 Exhibit Administrative Record, Part 5, # 6 Exhibit Administrative Record, Part 6)(Mauler, Daniel) (Entered: 05/30/2019)

Motion Hearing

Minute Entry for proceedings held before District Judge John J. McConnell, Jr.: Motion Hearing held on 6/10/2019 re 20 MOTION for Partial Summary Judgment re: Counts I-V (FY 2017 Claims) filed by City of Providence, City of Central Falls, 23 Cross MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, or in the alternative, MOTION for Partial Summary Judgment with respect to Counts I through V of the Amended Complaint (FY2017 Claims), and Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment (Docket No. 20 ) filed by United States Department of Justice, Jefferson B. Sessions, III. Jeffrey Dana, Matthew Jerzyk, Megan DiSanto & Eti-Lee Schaub for Plaintiff. Daniel Mauler & Zachary Cunha for Defendant. Plaintiff & Defendant present argument to the Court. Court to issue a written order. Court adjourned. (Court Reporter Karen Wischnowsky in Courtroom 1 at 1:55 pm.) (McGuire, Vickie)

MEMORANDUM AND ORDER granting 20 Motion for Partial Summary Judgment; denying 23 Motion to Dismiss for Failure to State a Claim; denying 23 Motion for Partial Summary Judgment- So Ordered by District Judge John J. McConnell, Jr. on 6/10/2019. (Barletta, Barbara) (Entered: 06/10/2019)

TRANSCRIPT ORDER for proceedings held on 6/10/2019 before Judge JJM. Ordinary Transcript delivery selected. Transcript to be delivered in 30 days.. (Cunha, Zachary) (Entered: 06/12/2019)

TRANSCRIPT ORDER ACKNOWLEDGMENT Entered re: 31 Transcript Order. Court Reporter/Transcriber: Karen Wischnowsky. (Dias, Jennifer) (Entered: 06/14/2019)

MOTION for Reconsideration re 30 Order on Motion for Partial Summary Judgment,, Order on Motion to Dismiss for failure to State a Claim,,, Defendants' unopposed Motion for Limited Reconsideration with respect to one aspect of the relief ordered by this Court, and submission of the parties' proposed language for a permanent injunction with respect to FY2017 Byrne JAG Grants filed by William Barr, United States Department of Justice. Responses due by 7/8/2019. (Attachments: # 1 - Proposed Order and Partial Judgment of Permanent Injunction With Respect to FY2017 Grants Reflecting the Joint Conferral of the Parties)(Cunha, Zachary) (Entered: 06/24/2019)

1 - Proposed Order and Partial Judgment of Permanent Injunction With Respect to F

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PARTIAL JUDGMENT OF INJUNCTION AND WRIT OF MANDAMUS - So Ordered by District Judge John J. McConnell, Jr. on 6/27/2019. (Barletta, Barbara) (Entered: 06/27/2019)

Order on Motion for Reconsideration

TEXT ORDER granting 33 Motion for Reconsideration re 30 Memorandum and Order - So Ordered by District Judge John J. McConnell, Jr. on 6/27/2019. (Barletta, Barbara)

MOTION for Partial Summary Judgment re: Counts VI-X (FY 2018 Claims) filed by All Plaintiffs. Responses due by 7/11/2019. (Attachments: # 1 Supporting Memorandum, # 2 Statement of Undisputed Facts, # 3 Plaintiffs' Exhibits)(DiSanto, Megan) (Entered: 06/27/2019)

1 Supporting Memorandum

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2 Statement of Undisputed Facts

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3 Plaintiffs' Exhibits

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Set/Reset Deadlines

Order

Order on Motion for Partial Summary Judgment

SetDeadlines: Responses to 34 MOTION for Partial Summary Judgment due by 8/2/2019. (Barletta, Barbara)

TEXT ORDER: The 7/12/19 Text Order granting 34 Motion for Partial Summary Judgment is VACATED.- So Ordered by District Judge John J. McConnell, Jr. on 7/12/2019. (Barletta, Barbara) Modified on 7/12/2019 to correct typo(Barletta, Barbara).

TEXT ORDER: The Plaintiffs' Motion for Partial Summary Judgment 34 regarding the Fiscal Year 2018 claims (Counts VI-X) in Plaintiffs' Amended Complaint is GRANTED as unopposed. Judgment shall enter as a matter of law that the immigration-related conditions on FY 2018 Byrne JAG funding are in excess of statutory authority and unconstitutional.- So Ordered by District Judge John J. McConnell, Jr. on 7/12/2019. (Barletta, Barbara)

TRANSCRIPT of Hearing on Cross-Motions for Summary Judgment held on June 10, 2019, before Judge John J. McConnell, Jr. Court Reporter Karen Wischnowsky, Telephone number (401) 752-7045. 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 8/5/2019. Redacted Transcript Deadline set for 8/15/2019. Release of Transcript Restriction set for 10/15/2019. (Wischnowsky, Karen) (Entered: 07/15/2019)

STIPULATION re 34 MOTION for Partial Summary Judgment re: Counts VI-X (FY 2018 Claims) -Stipulation and Proposed Order Re: Extension of Time and Revised Schedule for Remaining Briefing on FY2018 Claims filed by William Barr, United States Department of Justice. (Cunha, Zachary) (Entered: 08/01/2019)

~Util - Set Deadlines

Order

TEXT ORDER entering 37 Stipulation to extend time; Reset Deadlines: ( Oppositions to 34 Motion for Partial Summary Judgment shall be filed 8/12/2019; any Partial Motion for Summary Judgment or Partial Motion to Dismiss shall be filed by 8/12/19; Plaintiffs' opposition to any Motion or reply in support of their motion shall be filed by 9/16/19 and Defendants' reply in support of any motion filed by them shall be filed on or before 10/16/19.) So Ordered by District Judge John J. McConnell, Jr. on 8/2/2019. (Barletta, Barbara)

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). 38 Notice of Appeal. (Attachments: # 1 Record on Appeal)(Potter, Carrie) (Entered: 08/09/2019)

1 Record on Appeal

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NOTICE OF APPEAL by United States Department of Justice (No fee paid, USA, Waived by Statute, or IFP.) 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 8/16/2019. (Cunha, Zachary) (Entered: 08/09/2019)

STATEMENT OF DISPUTED FACTS - Defendants Response To Plaintiffs Statement Of Material Facts (Docket No. [34-2]) by All Defendants. (Mauler, Daniel) (Entered: 08/12/2019)

USCA Case Number

STATEMENT OF UNDISPUTED FACTS in support of Defendants' Motion For Partial Summary Judgment (Docket No. 40) by All Defendants. (Mauler, Daniel) (Entered: 08/12/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative, MOTION for Summary Judgment with respect to Counts VI-X (FY 2018 Claims) of the Amended Complaint, and Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment (Docket No. 34 ) filed by All Defendants. Responses due by 8/26/2019. (Attachments: # 1 Supporting Memorandum Defendants Brief in Support of Motion To Dismiss or Summary Judgment, and in Opposition to Plaintiffs Motion for Partial Summary Judgment)(Mauler, Daniel) (Entered: 08/12/2019)

1 Supporting Memorandum Defendants Brief in Support of Motion To Dismiss or Summar

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USCA Case Number 19-1802 for 38 Notice of Appeal filed by United States Department of Justice. (Simoncelli, Michael)

STATEMENT OF DISPUTED FACTS - Response to Defendants' Statement of Undisputed Facts by All Plaintiffs re 41 Statement of Undisputed Facts. (DiSanto, Megan) (Entered: 09/13/2019)

RESPONSE In Opposition to 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in the alternative MOTION for Summary Judgment with respect to Counts VI-X (FY 2018 Claims) of the Amended Complaint, and Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment (Docket No. 34 ) and REPLY MEMORANDUM in Further Support of Plaintiffs' Motion for Summary Judgment on FY 2018 Claims filed by All Plaintiffs. Replies due by 9/20/2019. (Attachments: # 1 Supporting Memorandum)(DiSanto, Megan) (Entered: 09/13/2019)

1 Supporting Memorandum

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REPLY to Response re 43 Response to Motion,, filed by All Defendants. (Mauler, Daniel) (Entered: 10/16/2019)

NOTICE by City of Central Falls, City of Providence re 34 MOTION for Partial Summary Judgment re: Counts VI-X (FY 2018 Claims) of Recent Case Law (DiSanto, Megan) (Entered: 10/24/2019)

ORDER granting 34 Motion for Partial Summary Judgment; denying 40 Motion to Dismiss for Failure to State a Claim; denying 40 Motion for Summary Judgment- So Ordered by District Judge John J. McConnell, Jr. on 11/14/2019. (Barletta, Barbara) (Entered: 11/14/2019)

JUDGMENT OF INJUNCTION AND WRIT OF MANDAMUS in favor of City of Central Falls, City of Providence- So Ordered by Chief Judge John J. McConnell, Jr. on 1/10/2020. (Barletta, Barbara) (Entered: 01/10/2020)

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). 49 Notice of Appeal. Documents Sent: 47, 48, 49. (Attachments: # 1 Record)(Hicks, Alyson) (Entered: 03/10/2020)

1 Record

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NOTICE OF APPEAL by United States Department of Justice (No fee paid, USA, Waived by Statute, or IFP.) 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 3/17/2020. (Mauler, Daniel) (Entered: 03/10/2020)

USCA Case Number

USCA Case Number 20-1296 for 49 Notice of Appeal filed by United States Department of Justice. (Farrell Pletcher, Paula)

MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with 51 Judgment of the U.S. Court of Appeals for the First Circuit: In accordance with the judgment of March 24, 2020, and pursuant to Federal Rule of Appellate Procedure 41(a), this constitutes the formal mandate of this Court. (Potter, Carrie) (Entered: 05/18/2020)

JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to 38 Notice of Appeal filed by United States Department of Justice : 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: Thejudgment of the district court is affirmed. (Potter, Carrie) (Entered: 05/18/2020)

JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to 49 Notice of Appeal filed by United States Department of Justice. Upon consideration of appellant's unopposed motion, it is hereby ordered that this appeal be voluntarily dismissed pursuant to Fed. R. App. P. 42(b). (Hicks, Alyson) (Entered: 03/31/2021)

MANDATE of the U.S. Court of Appeals for the First Circuit issued as to and in accordance with 53 Judgment of the U.S. Court of Appeals for the First Circuit (Hicks, Alyson) (Entered: 03/31/2021)