Rhode Island District Court
Judge:Mary S Mcelroy
Referred: Lincoln D Almond
Case #: 1:23-cv-00282
Nature of Suit950 Other Statutes - Constitutionality of State Statutes
Cause29:151 Labor: Review of Agency Action
Case Filed:Jul 10, 2023
Last checked: Saturday Jan 06, 2024 4:09 AM EST
Defendant
Local 328 of the United Food and Commercial Workers Union
Represented By
Marc B. Gursky
Gursky Wiens & Shanley Attorneys At Law
contact info
Defendant
Kimberly Ahern
Represented By
Chelsea Baittinger
Ri Office Of The Attorney General
contact info
Chrisanne E. Wyrzykowski
Rhode Island Department Of Attorney General
contact info
Defendant
Erica Ferrelli
Represented By
Chelsea Baittinger
Ri Office Of The Attorney General
contact info
Chrisanne E. Wyrzykowski
Rhode Island Department Of Attorney General
contact info
Defendant
Robert Jacquard
Represented By
Chelsea Baittinger
Ri Office Of The Attorney General
contact info
Chrisanne E. Wyrzykowski
Rhode Island Department Of Attorney General
contact info
Defendant
Olayiwola Oduyingbo
Represented By
Chelsea Baittinger
Ri Office Of The Attorney General
contact info
Chrisanne E. Wyrzykowski
Rhode Island Department Of Attorney General
contact info
Defendant
Matthew Santacroce
Represented By
Chelsea Baittinger
Ri Office Of The Attorney General
contact info
Chrisanne E. Wyrzykowski
Rhode Island Department Of Attorney General
contact info
Plaintiff
Greenleaf Compassionate Care Center, Inc.
Represented By
Adam M. Ramos
Hinckley, Allen & Snyder LLP
contact info
Gerry Silver
Gerry Silver
contact info
Craig M. Scott
Hinckley, Allen & Snyder LLP
contact info
Nathalie Marie Vega Crespo
Locke Lord LLP
contact info
Erika L. Todd
Sullivan & Worcester, LLP
contact info
Mackenzie C. McBurney
Hinckley Allen & Snyder, LLP
contact info


Docket last updated: 05/13/2024 11:59 PM EDT
Thursday, March 14, 2024
46 46 appeal Clerk's Certificate and Appellate Cover Sheet Re: Appeal Record Thu 03/14 2:44 PM
CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a 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).45 Notice of Appeal. Documents Sent: TEXT ORDER STAYING CASE dated 3/5/2024. (Gonzalez Gomez, Viviana)
Related: [-]
Att: 1 Record on Appeal
45 45 appeal Notice of Appeal Thu 03/14 1:38 PM
NOTICE OF APPEAL by Greenleaf Compassionate Care Center, Inc. as to Order Staying Case ( filing fee paid $ 605.00, receipt number ARIDC-1973681 ) 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 3/21/2024. (Todd, Erika)
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appeal USCA Case Number Thu 03/14 3:26 PM
USCA Case Number 24-1259 for45 Notice of Appeal, filed by Greenleaf Compassionate Care Center, Inc. (Gonzalez Gomez, Viviana)
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Wednesday, March 06, 2024
notice Hearing Cancelled Wed 03/06 7:26 AM
HEARING CANCELLED: Motion Hearing set for 3/19/2024 at 10:00 AM via Remote Hearing before District Judge Mary S. McElroy is hereby cancelled. (Potter, Carrie)
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Tuesday, March 05, 2024
44 44 1 pgs order Order Directing Filing of Status Report (Form Attached) Tue 03/05 2:27 PM
Order Directing Filing of a Status Report. Status Report due by 7/8/2024. So Ordered by District Judge Mary S. McElroy on 3/5/2024. (Potter, Carrie)
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minutes In Chambers Conference Tue 03/05 2:23 PM
Minute Entry for proceedings held before District Judge Mary S. McElroy: In Chambers Conference held on 3/5/2024: M. Gursky, G. Silver, C. Battinger, M. Shaw, E. Todd, C. Scott in attendance. Court to stay case. Status Reports due on or before July 8, 2024. (Courtroom Remote Conference at 2:00pm.) (Potter, Carrie)
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order Order on Motion for Leave to File Tue 03/05 2:24 PM
TEXT ORDER granting41 Motion for Leave to File; granting42 Motion for Leave to File. So Ordered by District Judge Mary S. McElroy on 3/5/2024. (Potter, Carrie)
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order Order Staying Case Tue 03/05 2:24 PM
TEXT ORDER STAYING CASE. So Ordered by District Judge Mary S. McElroy on 3/5/2024. (Potter, Carrie)
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Thursday, February 29, 2024
43 43 respm Response to Motion Thu 02/29 4:03 PM
RESPONSE In Opposition to41 MOTION for Leave to File Document Supplemental Memorandum in Support of State Defendants' Motion to Dismiss filed by Greenleaf Compassionate Care Center, Inc.. Replies due by 3/7/2024. (Ramos, Adam)
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notice Notice of Hearing (Form Attached) Thu 02/29 12:42 PM
NOTICE of Hearing: In Chambers Conference set for 3/5/2024 at 02:00 PM via Remote Conference before District Judge Mary S. McElroy.(Zoom Meeting ID: 160 623 7994, Passcode: 538252) PLEASE NOTE VENUE CHANGE ONLY (Potter, Carrie)
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Tuesday, February 27, 2024
42 42 motion Leave to File Document Tue 02/27 5:16 PM
MOTION for Leave to File Document Reply to Local 328s Supplemental Memorandum filed by Greenleaf Compassionate Care Center, Inc.. Responses due by 3/12/2024.(Ramos, Adam)
Related: [-]
Att: 1 Supporting Memorandum Proposed
notice Notice of Hearing (Form Attached) Tue 02/27 10:21 AM
NOTICE of Hearing: In Chambers Conference set for 3/5/2024 at 11:00 AM via Remote Conference before District Judge Mary S. McElroy.(Zoom Meeting ID: 160 623 7994, Passcode: 538252) (Potter, Carrie)
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notice Notice of Hearing (Form Attached) Tue 02/27 1:34 PM
NOTICE of Hearing: In Chambers Conference reset for 3/5/2024 at 02:00 PM in Courtroom 2 before District Judge Mary S. McElroy. (Potter, Carrie)
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Thursday, February 22, 2024
41 41 motion Leave to File Document Thu 02/22 11:40 AM
MOTION for Leave to File Document Supplemental Memorandum in Support of State Defendants' Motion to Dismiss filed by Kimberly Ahern, Erica Ferrelli, Robert Jacquard, Olayiwola Oduyingbo, Matthew Santacroce. Responses due by 3/7/2024.(Baittinger, Chelsea)
Related: [-]
Att: 1 Supporting Memorandum Proposed,
Att: 2 Exhibit A
40 40 3 pgs misc Memorandum in Support Thu 02/22 9:28 AM
MEMORANDUM IN SUPPORT by Local 328 of the United Food and Commercial Workers Union in support of25 MOTION to Dismiss Pursuant to Fed Rule of Civil Procedure 12(b)(1) .(Potter, Carrie)
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Att: 1 Exhibit,
Att: 2 Exhibit
order Order on Motion for Leave to File Thu 02/22 9:26 AM
TEXT ORDER granting39 Motion for Leave to File. So Ordered by District Judge Mary S. McElroy on 2/22/2024. (Potter, Carrie)
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Thursday, February 15, 2024
39 39 motion Leave to File Document Thu 02/15 3:02 PM
MOTION for Leave to File Document Supplemental Memo in Support filed by Local 328 of the United Food and Commercial Workers Union. Responses due by 2/29/2024.(Gursky, Marc)
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Att: 1 Supporting Memorandum Proposed,
Att: 2 Exhibit 1,
Att: 3 Exhibit 2
Monday, February 12, 2024
notice Notice of Hearing on Motion Mon 02/12 11:07 AM
NOTICE of Hearing on Motion:25 MOTION to Dismiss,30 MOTION to Dismiss for Lack of Jurisdiction : Hearing set for 3/19/2024 at 10:00 AM via Remote Hearing before District Judge Mary S. McElroy.(Zoom Meeting ID: 160 010 5885, Passcode: 724209) (Potter, Carrie)
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Friday, November 10, 2023
38 38 respm Reply to Response Fri 11/10 4:30 PM
REPLY to Response re33 Response to Motion, to Dismiss for Lack of Jurisdiction filed by Kimberly Ahern, Erica Ferrelli, Robert Jacquard, Olayiwola Oduyingbo, Matthew Santacroce. (Baittinger, Chelsea)
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37 37 respm Response to Motion Fri 11/10 3:10 PM
RESPONSE In Support to25 MOTION to Dismiss Pursuant to Fed Rule of Civil Procedure 12(b)(1) filed by Local 328 of the United Food and Commercial Workers Union. Replies due by 11/17/2023. (Gursky, Marc)
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Thursday, November 09, 2023
order Order on Motion to Withdraw as Attorney Thu 11/09 8:10 AM
TEXT ORDER granting35 Motion to Withdraw as Attorney. Attorney Nathalie Marie Vega Crespo terminated. So Ordered by District Judge Mary S. McElroy on 11/9/2023. (Potter, Carrie)
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order Order on Motion for Extension of Time to File Response/Reply Thu 11/09 8:12 AM
TEXT ORDER granting36 Motion for Extension of Time to File Response/Reply. Replies due by 11/10/2023. . So Ordered by District Judge Mary S. McElroy on 11/9/2023. (Potter, Carrie)
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Tuesday, November 07, 2023
36 36 motion Extension of Time to File Response/Reply Tue 11/07 11:32 AM
MOTION for an Extension of Time to File Response/Reply as to34 Response to Motion,33 Response to Motion, filed by All Defendants. Responses due by 11/21/2023. (Baittinger, Chelsea)
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Monday, November 06, 2023
35 35 motion Withdraw as Attorney Mon 11/06 4:14 PM
MOTION to Withdraw as Attorney filed by Greenleaf Compassionate Care Center, Inc.. Responses due by 11/20/2023. (Vega Crespo, Nathalie)
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Tuesday, October 31, 2023
34 34 respm Response to Motion Tue 10/31 9:45 PM
RESPONSE In Opposition to25 MOTION to Dismiss Pursuant to Fed Rule of Civil Procedure 12(b)(1) filed by Greenleaf Compassionate Care Center, Inc.. Replies due by 11/7/2023.(Todd, Erika)
Related: [-]
Att: 1 Exhibit A
33 33 respm Response to Motion Tue 10/31 9:41 PM
RESPONSE In Opposition to30 MOTION to Dismiss for Lack of Jurisdiction filed by Greenleaf Compassionate Care Center, Inc.. Replies due by 11/7/2023.(Todd, Erika)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
Wednesday, October 18, 2023
32 32 motion Withdraw as Attorney Wed 10/18 9:10 AM
MOTION to Withdraw as Attorney filed by Kimberly Ahern, Erica Ferrelli, Robert Jacquard, Olayiwola Oduyingbo, Matthew Santacroce. Responses due by 11/1/2023. (Wyrzykowski, Chrisanne)
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order Order on Motion to Withdraw as Attorney Wed 10/18 4:00 PM
TEXT ORDER granting32 Motion to Withdraw as Attorney. Attorney Chrisanne E. Wyrzykowski terminated. So Ordered by District Judge Mary S. McElroy on 10/18/2023. (Potter, Carrie)
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Friday, September 22, 2023
31 31 motion Extension of Time to File Response/Reply Fri 09/22 10:28 AM
Assented MOTION for an Extension of Time to File Response/Reply as to30 MOTION to Dismiss for Lack of Jurisdiction ,25 MOTION to Dismiss Pursuant to Fed Rule of Civil Procedure 12(b)(1) filed by Greenleaf Compassionate Care Center, Inc.. Responses due by 10/6/2023. (Ramos, Adam)
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order Order on Motion for Extension of Time to File Response/Reply Fri 09/22 4:14 PM
TEXT ORDER granting31 Motion for Extension of Time to File Response/Reply Responses due by 10/31/2023. . So Ordered by District Judge Mary S. McElroy on 9/22/2023. (Potter, Carrie)
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Thursday, September 21, 2023
30 30 motion Dismiss/Lack of Jurisdiction Thu 09/21 9:39 AM
MOTION to Dismiss for Lack of Jurisdiction filed by Kimberly Ahern, Erica Ferrelli, Robert Jacquard, Olayiwola Oduyingbo, Matthew Santacroce. Responses due by 10/5/2023.(Baittinger, Chelsea)
Related: [-]
Att: 1 Supporting Memorandum,
Att: 2 Exhibit Exhibit A,
Att: 3 Exhibit Exhibit B,
Att: 4 Exhibit Exhibit C,
Att: 5 Exhibit Exhibit D,
Att: 6 Exhibit Exhibit E,
Att: 7 Exhibit Exhibit F
Wednesday, September 20, 2023
29 29 notice Notice of Appearance Wed 09/20 11:04 AM
NOTICE of Appearance by Mackenzie C. McBurney on behalf of Greenleaf Compassionate Care Center, Inc. (McBurney, Mackenzie)
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Friday, September 08, 2023
order Order on Motion for Extension of Time to File Response/Reply Fri 09/08 8:28 AM
TEXT ORDER granting27 Motion for Extension of Time to File Response/Reply.25 Motion to Disiss - Responses due by 9/27/2023. . So Ordered by District Judge Mary S. McElroy on 9/8/2023. (Potter, Carrie)
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order Order on Motion for Extension of Time to Answer Fri 09/08 8:31 AM
TEXT ORDER granting28 Motion for Extension of Time to Answer. Set/Reset Deadlines: Kimberly Ahern, Erica Ferrelli, Robert Jacquard, Olayiwola Oduyingbo and Matthew Santacroce answer due 9/21/2023. So Ordered by District Judge Mary S. McElroy on 9/8/2023. (Potter, Carrie)
Related: [-]
Thursday, September 07, 2023
28 28 motion Extension of Time to File Answer Thu 09/07 3:47 PM
Assented MOTION for an Extension of Time to File Answer re1 Complaint filed by Kimberly Ahern, Erica Ferrelli, Robert Jacquard, Olayiwola Oduyingbo, Matthew Santacroce. Responses due by 9/21/2023. (Baittinger, Chelsea)
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Tuesday, September 05, 2023
27 27 motion Extension of Time to File Response/Reply Tue 09/05 2:22 PM
Assented MOTION for an Extension of Time to File Response/Reply as to25 MOTION to Dismiss Pursuant to Fed Rule of Civil Procedure 12(b)(1) filed by Greenleaf Compassionate Care Center, Inc.. Responses due by 9/19/2023. (Ramos, Adam)
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Friday, August 25, 2023
26 26 misc Affidavit Fri 08/25 2:31 PM
AFFIDAVIT of Sam Marvin by Local 328 of the United Food and Commercial Workers Union. (Gursky, Marc)
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25 25 motion Dismiss Fri 08/25 2:28 PM
MOTION to Dismiss Pursuant to Fed Rule of Civil Procedure 12(b)(1) filed by Local 328 of the United Food and Commercial Workers Union. Responses due by 9/8/2023.(Gursky, Marc)
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Att: 1 Exhibit Index of Exhibits,
Att: 2 Exhibit Ex A,
Att: 3 Exhibit Ex B,
Att: 4 Exhibit Ex C,
Att: 5 Exhibit Ex D,
Att: 6 Exhibit Ex E,
Att: 7 Exhibit Ex F,
Att: 8 Exhibit Ex G,
Att: 9 Exhibit Ex H,
Att: 10 Exhibit Ex I
24 24 notice Notice of Appearance Fri 08/25 2:18 PM
NOTICE of Appearance by Marc B. Gursky on behalf of Local 328 of the United Food and Commercial Workers Union (Gursky, Marc)
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Wednesday, August 09, 2023
order Order on Motion for Extension of Time to File Response/Reply Order on Motion for Extension of Time to Answer Wed 08/09 8:42 AM
TEXT ORDER granting22 Motion for Extension of Time to File Response/Reply ; granting23 Motion for Extension of Time to Answer. Set/Reset Deadlines: Answers due 9/7/2023. So Ordered by District Judge Mary S. McElroy on 8/9/2023. (Potter, Carrie)
Related: [-]
Monday, August 07, 2023
23 23 motion Extension of Time to File Answer Mon 08/07 8:33 AM
Assented MOTION for an Extension of Time to File Answer re1 Complaint filed by Kimberly Ahern, Erica Ferrelli, Robert Jacquard, Olayiwola Oduyingbo, Matthew Santacroce. Responses due by 8/21/2023. (Baittinger, Chelsea)
Related: [-]
Friday, August 04, 2023
22 22 motion Extension of Time to File Response/Reply Fri 08/04 12:44 PM
Assented MOTION for an Extension of Time to File Response/Reply as to1 Complaint filed by Local 328 of the United Food and Commercial Workers Union. Responses due by 8/18/2023. (Gursky, Marc)
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Wednesday, August 02, 2023
21 21 notice Notice of Appearance Wed 08/02 8:52 AM
NOTICE of Appearance by Chrisanne E. Wyrzykowski on behalf of Kimberly Ahern, Erica Ferrelli, Robert Jacquard, Olayiwola Oduyingbo, Matthew Santacroce (Wyrzykowski, Chrisanne)
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20 20 notice Notice of Appearance Wed 08/02 8:51 AM
NOTICE of Appearance by Chelsea Baittinger on behalf of Kimberly Ahern, Erica Ferrelli, Robert Jacquard, Olayiwola Oduyingbo, Matthew Santacroce (Baittinger, Chelsea)
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Friday, July 21, 2023
19 19 service Summons Returned Executed Fri 07/21 4:13 PM
SUMMONS Returned Executed by Greenleaf Compassionate Care Center, Inc.. Local 328 of the United Food and Commercial Workers Union served on 7/18/2023, answer due 8/8/2023. (Ramos, Adam)
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18 18 service Summons Returned Executed Fri 07/21 4:11 PM
SUMMONS Returned Executed by Greenleaf Compassionate Care Center, Inc.. Olayiwola Oduyingbo served on 7/18/2023, answer due 8/8/2023. (Ramos, Adam)
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17 17 service Summons Returned Executed Fri 07/21 4:10 PM
SUMMONS Returned Executed by Greenleaf Compassionate Care Center, Inc.. Robert Jacquard served on 7/18/2023, answer due 8/8/2023. (Ramos, Adam)
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16 16 service Summons Returned Executed Fri 07/21 4:09 PM
SUMMONS Returned Executed by Greenleaf Compassionate Care Center, Inc.. Kimberly Ahern served on 7/18/2023, answer due 8/8/2023. (Ramos, Adam)
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15 15 service Summons Returned Executed Fri 07/21 4:08 PM
SUMMONS Returned Executed by Greenleaf Compassionate Care Center, Inc.. Erica Ferrelli served on 7/18/2023, answer due 8/8/2023. (Ramos, Adam)
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14 14 service Summons Returned Executed Fri 07/21 4:06 PM
SUMMONS Returned Executed by Greenleaf Compassionate Care Center, Inc.. Matthew Santacroce served on 7/18/2023, answer due 8/8/2023. (Ramos, Adam)
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Wednesday, July 12, 2023
13 13 motion Appear Pro Hac Vice Wed 07/12 10:59 AM
MOTION for Erika L. Todd to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-1890382 ) filed by Greenleaf Compassionate Care Center, Inc.. (Ramos, Adam)
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order Order on Motion to Appear Pro Hac Vice Wed 07/12 12:36 PM
TEXT ORDER granting13 Motion to Appear Pro Hac Vice of Erika L. Todd. So Ordered by District Judge Mary S. McElroy on 7/12/2023. (Kenny, Meghan)
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Tuesday, July 11, 2023
12 12 service Summons Issued Tue 07/11 4:19 PM
Summons Issued as to Olayiwola Oduyingbo, in his official capacity as Commissioner on the Rhode Island Cannabis Control Commission. (Kenny, Meghan)
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11 11 service Summons Issued Tue 07/11 4:16 PM
Summons Issued as to Erica Ferrelli, in her official capacity as Chief of the Office of Cannabis Regulation within the Rhode Island Department of Business Regulation, Kimberly Ahern, in her official capacity as Chair of the Rhode Island Cannabis Control Commission, Local 328 of the United Food and Commercial Workers Union, Matthew Santacroce, in his official capacity as Deputy Director of the Rhode Island Department of Business Regulation, Robert Jacquard, in his official capacity as Commissioner on the Rhode Island Cannabis Control Commission. (Kenny, Meghan)
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10 10 service Summons Request Tue 07/11 4:05 PM
Summons Request filed by Greenleaf Compassionate Care Center, Inc.. (Ramos, Adam)
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9 9 service Summons Request Tue 07/11 4:04 PM
Summons Request filed by Greenleaf Compassionate Care Center, Inc.. (Ramos, Adam)
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8 8 service Summons Request Tue 07/11 4:02 PM
Summons Request filed by Greenleaf Compassionate Care Center, Inc.. (Ramos, Adam)
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7 7 service Summons Request Tue 07/11 4:00 PM
Summons Request filed by Greenleaf Compassionate Care Center, Inc.. (Ramos, Adam)
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6 6 service Summons Request Tue 07/11 3:59 PM
Summons Request filed by Greenleaf Compassionate Care Center, Inc.. (Ramos, Adam)
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5 5 service Summons Request Tue 07/11 3:58 PM
Summons Request filed by Greenleaf Compassionate Care Center, Inc.. (Ramos, Adam)
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4 4 motion Appear Pro Hac Vice Tue 07/11 3:47 PM
MOTION for Gerry Silver to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-1890119 ) filed by Greenleaf Compassionate Care Center, Inc.. (Ramos, Adam)
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order Order on Motion to Appear Pro Hac Vice Tue 07/11 4:05 PM
TEXT ORDER granting4 Motion to Appear Pro Hac Vice of Gerry Silver. So Ordered by District Judge Mary S. McElroy on 7/11/2023. (Kenny, Meghan)
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Monday, July 10, 2023
3 3 notice Case Opening Notice (Form Attached) Mon 07/10 3:15 PM
CASE OPENING NOTICE ISSUED (Kenny, Meghan)
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2 2 misc Corporate Disclosure Statement Mon 07/10 2:19 PM
Corporate Disclosure Statement by Greenleaf Compassionate Care Center, Inc.. (Ramos, Adam)
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1 1 15 pgs cmp Complaint - New Case Mon 07/10 12:39 PM
COMPLAINT ( filing fee paid $ 402.00, receipt number ARIDC-1889311 ), filed by Greenleaf Compassionate Care Center, Inc..(Ramos, Adam)
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Att: 1 Civil Cover Sheet
utility Case Assigned/Reassigned Mon 07/10 3:14 PM
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Lincoln D. Almond. (Kenny, Meghan)
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