ACP Land LLC et al v. National Grid plc et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
APC LAND, LLC, THE EPISCOPAL
DIOCESE OF RHODE ISLAND,
individually and on behalf of all others
similarly situated,
Plaintiffs,
v.
NATIONAL GRID USA SERVICES
CO., INC., and THE
NARRAGANSETT ELECTRIC
COMPANY,
Defendants.
)
)
)
)
)
)
)
)
)
C.A. No. 21-00316-MSM-LDA
ORDER
The Parties Joint Motion to Stay the case pending further review of the First
Circuit’s Decision in
Tyngsboro Sports II Solar, LLC v. National Grid USA Service
Company, Inc., No. 23-1391, 2023 WL 8446511 (1st Cir. December 6, 2023) (ECF No.
33) is GRANTED. 	All proceedings and all deadlines relating thereto are stayed
pending the Tyngsboro appellants’ exhaustion of their right to seek further review of
the First Circuit’s decision. The stay will be lifted automatically as of the later of the
following: (i) the expiration of the Tyngsboro appellants’ deadline to petition for
certiorari with the United States Supreme Court seeking review of the First Circuit’s
decision in the Tyngsboro Appeal; or (ii) if the Tyngsboro appellants timely petition
for certiorari, the date on which the Supreme Court denies that petition or issues a
decision resolving the case if certiorari is granted.
Case 1:21-cv-00316-MSM-LDA Document 34 Filed 01/03/24 Page 1 of 2 PageID #:
<pageID>

2
Within 10 business days of the later of these dates, the Parties shall conduct a
meet and confer to exchange their views of the effect of any further review of the First
Circuit’s 	decision 	in 	the 	Tyngsboro 	Appeal 	on 	proceedings, 	including 	whether
Defendants will be required to answer, move, or otherwise respond to Plaintiffs’ case.
In the event it is determined during the meet and confer discussed in the foregoing
paragraph that Defendants will be required to answer, move, or otherwise respond to
Complaint, Defendants will have 45 days from the required meet and confer to file
the responsive pleading.
IT IS SO ORDERED.
_________________________________
Mary S. McElroy
United States District Judge
January 3, 2024
Case 1:21-cv-00316-MSM-LDA Document 34 Filed 01/03/24 Page 2 of 2 PageID #:
<pageID>