Rhode Island District Court
Judge:Melissa R Dubose
Referred: Lincoln D Almond
Case #: 1:24-cv-00191
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:May 15, 2024
Terminated:Feb 06, 2025
Last checked: Monday Nov 11, 2024 3:31 AM EST
Defendant
Kimberly Ahern
Represented By
Matthew I. Shaw
Rhode Island Department Of Attorney General
contact info
Chelsea Baittinger
Ri Office Of The Attorney General
contact info
Defendant
Rhode Island Cannabis Control Commission
Represented By
Matthew I. Shaw
Rhode Island Department Of Attorney General
contact info
Chelsea Baittinger
Ri Office Of The Attorney General
contact info
Plaintiff
Justyna Jensen
Represented By
Albin Moser
Law Offices Of Albin Moser, P.C.
contact info
Jeffrey M. Jensen
Jeffrey M. Jensen, PC
contact info


Docket last updated: 3 hours ago
Monday, February 10, 2025
appeal USCA Case Number Mon 02/10 8:48 AM
USCA Case Number 25-1132 for22 Notice of Appeal, filed by Justyna Jensen. (Hill, Cherelle)
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Friday, February 07, 2025
23 23 appeal Clerk's Certificate and Appellate Cover Sheet Re: Appeal Record Fri 02/07 5:03 PM
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).22 Notice of Appeal,,.(Hill, Cherelle)
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Att: 1 Record on Appeal
22 22 appeal Notice of Appeal Fri 02/07 4:50 PM
NOTICE OF APPEAL by Justyna Jensen as to Order on Motion for Preliminary Injunction,,,,,,, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,21 Judgment ( filing fee paid $ 605.00, receipt number ARIDC-2096965 ) 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 2/14/2025. (Moser, Albin)
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Thursday, February 06, 2025
21 21 order Judgment Thu 02/06 3:54 PM
JUDGMENT entered dismissing this civil action. So Ordered by District Judge Melissa R. DuBose on 2/6/2025. (Urizandi, Nissheneyra)
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order Order on Motion for Preliminary Injunction Order on Motion to Dismiss/Lack of Jurisdiction Thu 02/06 3:43 PM
TEXT ORDER: Before the Court is Defendants' Motion to Dismiss Plaintiff's Complaint (ECF No.13 ) and Plaintiff's Motion for Preliminary Injunction (ECF No.9 ). The Court has also received and reviewed Plaintiff's Opposition to Motion to Dismiss (ECF No.17 ), Defendants' Reply in Support of Motion to Dismiss Plaintiff's Complaint (ECF No.20 ), Defendants' Objection to Plaintiff's Motion for Preliminary Injunction (ECF No.14 ), and Plaintiff's Reply in Support of Motion for Preliminary Injunction (ECF No.16 ). The Court has considered the arguments put forth by both parties as well as the case law relevant thereto. The Court concludes the Plaintiff's claims are not ripe for judicial review. See Ernst & Young v. Depositors Economic Protection Corp. , 45 F.3d 530, 535-37 (1st Cir. 1995); McInnis-Misenor v. Me. Med. Ctr. , 319 F.3d 63, 70 (1st Cir. 2003); see also Operation Clean Govt v. Rhode Island Ethics Comm'n , 315 F. Supp. 2d 187, 195-96 (D.R.I. 2004). The Cannabis Control Commission has yet to promulgate rules and regulations pertaining to retail cannabis business licenses. This Court cannot and will not speculate as to when the proposed rules and regulations will be promulgated or when the application period for retail cannabis licenses will open. Defendants' Motion to Dismiss Plaintiff's Complaint (ECF No.13 ) is GRANTED. Plaintiff's Complaint is dismissed without prejudice. Plaintiff's Motion for Preliminary Injunction (ECF No.9 ) is DENIED as moot. So Ordered by District Judge Melissa R. DuBose on 2/6/2025. (Urizandi, Nissheneyra)
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Wednesday, January 15, 2025
order Order Reassigning Case Wed 01/15 3:53 PM
TEXT ORDER REASSIGNING CASE. Case reassigned to District Judge Melissa R. DuBose for all further proceedings. District Judge Mary S. McElroy no longer assigned to case. So Ordered by District Judge Mary S. McElroy on 1/15/2025. (Simoncelli, Michael)
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Tuesday, September 17, 2024
20 20 13 pgs respm Reply to Response Tue 09/17 1:20 PM
REPLY to Response re17 Response to Motion to Dismiss filed by All Defendants. (Baittinger, Chelsea)
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Tuesday, September 03, 2024
order Order on Motion for Extension of Time to File Response/Reply Tue 09/03 11:37 AM
TEXT ORDER granting19 Motion for Extension of Time to File Response/Reply. Set/Reset Deadlines:13 Motion to Dismiss - Replies due by 9/17/2024. . So Ordered by District Judge Mary S. McElroy on 9/3/2024. (Potter, Carrie)
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Wednesday, August 28, 2024
19 19 motion Extension of Time to File Response/Reply Wed 08/28 11:36 AM
MOTION for an Extension of Time to File Response/Reply as to17 Response to Motion filed by Kimberly Ahern, Rhode Island Cannabis Control Commission. Responses due by 9/11/2024. (Baittinger, Chelsea)
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Monday, August 26, 2024
18 18 misc Declaration Mon 08/26 11:03 PM
DECLARATION re17 Response to Motion to Dismiss by Justyna Jensen.(Jensen, Jeffrey)
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Att: 1 Exhibit Decl Killeen SEOWA,
Att: 2 Exhibit Settlement ARMLA,
Att: 3 Exhibit Decl Killeen Variscite,
Att: 4 Exhibit Opp MTD,
Att: 5 Exhibit Reply MTD,
Att: 6 Exhibit Maryland DIA Irrational
17 17 43 pgs respm Response to Motion Mon 08/26 10:38 PM
RESPONSE In Opposition to13 MOTION to Dismiss for Lack of Jurisdiction filed by Justyna Jensen. Replies due by 9/3/2024. (Jensen, Jeffrey)
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16 16 16 pgs respm Reply to Response Mon 08/26 9:34 PM
REPLY to Response re14 Response to Motion, for Preliminary Injunction filed by Justyna Jensen. (Jensen, Jeffrey)
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Thursday, July 25, 2024
order Order on Motion for Extension of Time to File Response/Reply Thu 07/25 2:10 PM
TEXT ORDER granting15 Motion for Extension of Time to File Response/Reply. Set/Reset Deadlines:13 Motion to Dismiss - Responses due by 8/26/2024. ;9 Motion for Preliminary Injunction - Replies due by 8/26/2024. . So Ordered by District Judge Mary S. McElroy on 7/25/2024. (Potter, Carrie)
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Tuesday, July 23, 2024
15 15 motion Extension of Time to File Response/Reply Tue 07/23 3:26 PM
First MOTION for an Extension of Time to File Response/Reply as to9 First MOTION for Preliminary Injunction ,13 MOTION to Dismiss for Lack of Jurisdiction filed by Justyna Jensen. Responses due by 8/6/2024. (Jensen, Jeffrey)
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Monday, July 22, 2024
14 14 respm Response to Motion Mon 07/22 4:20 PM
RESPONSE In Opposition to9 First MOTION for Preliminary Injunction filed by Kimberly Ahern, Rhode Island Cannabis Control Commission. Replies due by 7/29/2024.(Baittinger, Chelsea)
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Att: 1 22 pgs Supporting Memorandum
13 13 motion Dismiss/Lack of Jurisdiction Mon 07/22 4:13 PM
MOTION to Dismiss for Lack of Jurisdiction filed by Kimberly Ahern, Rhode Island Cannabis Control Commission. Responses due by 8/5/2024.(Baittinger, Chelsea)
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Att: 1 34 pgs Supporting Memorandum
Monday, June 24, 2024
order Order on Motion for Extension of Time to File Response/Reply Mon 06/24 3:59 PM
TEXT ORDER granting11 Motion for Extension of Time to File Response/Reply.9 Motion for Preliminary Injunction - Responses due by 7/22/2024. . So Ordered by District Judge Mary S. McElroy on 6/24/2024. (Potter, Carrie)
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Friday, June 21, 2024
12 12 respm Response to Motion Fri 06/21 4:54 PM
First RESPONSE In Opposition to11 First MOTION for an Extension of Time to File Response/Reply as to9 First MOTION for Preliminary Injunction filed by Justyna Jensen. Replies due by 6/28/2024. (Jensen, Jeffrey)
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11 11 motion Extension of Time to File Response/Reply Fri 06/21 9:14 AM
First MOTION for an Extension of Time to File Response/Reply as to9 First MOTION for Preliminary Injunction filed by All Defendants. Responses due by 7/5/2024.(Baittinger, Chelsea)
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Att: 1 Exhibit A
Monday, June 10, 2024
10 10 2 pgs misc Declaration Mon 06/10 11:15 AM
DECLARATION re9 First MOTION for Preliminary Injunction by Justyna Jensen.(Jensen, Jeffrey)
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Att: 1 Exhibit Maryland Order
9 9 38 pgs motion Preliminary Injunction Mon 06/10 11:14 AM
First MOTION for Preliminary Injunction filed by Justyna Jensen. Responses due by 6/24/2024. (Jensen, Jeffrey)
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Friday, May 24, 2024
8 8 notice Notice of Appearance Fri 05/24 11:25 AM
NOTICE of Appearance by Matthew I. Shaw on behalf of Kimberly Ahern, Rhode Island Cannabis Control Commission (Shaw, Matthew)
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7 7 notice Notice of Appearance Fri 05/24 11:25 AM
NOTICE of Appearance by Chelsea Baittinger on behalf of Kimberly Ahern, Rhode Island Cannabis Control Commission (Baittinger, Chelsea)
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6 6 motion Appear Pro Hac Vice Fri 05/24 9:24 AM
MOTION for Jeffrey M. Jensen to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number BRIDC-1998780 ) filed by Justyna Jensen. (Moser, Albin)
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5 5 service Waiver of Service Executed Fri 05/24 9:07 AM
WAIVER OF SERVICE Returned Executed by Justyna Jensen. Kimberly Ahern waiver sent on 5/22/2024, answer due 7/22/2024. (Moser, Albin)
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4 4 service Waiver of Service Executed Fri 05/24 9:05 AM
WAIVER OF SERVICE Returned Executed by Justyna Jensen. Rhode Island Cannabis Control Commission waiver sent on 5/22/2024, answer due 7/22/2024. (Moser, Albin)
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order Order on Motion to Appear Pro Hac Vice Fri 05/24 12:57 PM
TEXT ORDER granting6 Motion to Appear Pro Hac Vice of Jeffrey M. Jensen. So Ordered by District Judge Mary S. McElroy on 5/24/2024. (Hill, Cherelle)
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Wednesday, May 15, 2024
3 3 service Summons Issued Wed 05/15 3:17 PM
Summons Issued as to Kimberly Ahern, Rhode Island Cannabis Control Commission.(Hill, Cherelle)
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Att: 1 Summons
2 2 notice Case Opening Notice (Form Attached) Wed 05/15 3:16 PM
CASE OPENING NOTICE ISSUED (Hill, Cherelle)
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1 1 cmp Complaint - New Case Wed 05/15 1:01 PM
COMPLAINT ( filing fee paid $ 405.00, receipt number BRIDC-1995092 ), filed by Justyna Jensen.(Moser, Albin)
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Att: 1 Civil Cover Sheet Civil Cover Sheet,
Att: 2 Summons CCC,
Att: 3 2 pgs Summons Ahern
utility Case Assigned/Reassigned Wed 05/15 3:13 PM
Case assigned to District Judge Mary S. McElroy and Magistrate Judge Lincoln D. Almond. (Hill, Cherelle)
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