Cellco Partnership v. City of Elkhart Board of Zoning Appeals
Petitioner: Cellco Partnership, a Delaware partnership, d/b/a Verizon Wireless Cellco Partnership, a Delaware partnership, d/b/a Verizon Wireless and Cellco Partnership a Delaware Partnership doing business as Verizon Wireless
Respondent: City of Elkhart Board of Zoning Appeals
Case Number: 3:2023cv00913
Filed: October 16, 2023
Court: US District Court for the Northern District of Indiana
Presiding Judge: Michael G Gotsch
Referring Judge: Damon R Leichty
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1331 Telecommunications Act of 1996
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 12, 2023 Opinion or Order Filing 14 ORDER granting #12 Motion for Extension of Time to Answer re #1 Complaint, City of Elkhart Board of Zoning Appeals answer due 1/9/2024. Approved by Magistrate Judge Michael G Gotsch, Sr on 12/12/23. (slm)
December 11, 2023 Filing 13 RESPONSE to Motion re #12 MOTION for Extension of Time to File Answer re #1 Complaint,, filed by Cellco Partnership. (Lawless, Lisa)
December 8, 2023 Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint,, by Respondent City of Elkhart Board of Zoning Appeals. (McLaughlin, Rafael)
December 8, 2023 Filing 11 NOTICE of Appearance by Rafael P McLaughlin on behalf of City of Elkhart Board of Zoning Appeals (McLaughlin, Rafael)
December 7, 2023 Filing 10 NOTICE of Appearance by James C Remington on behalf of Cellco Partnership (Remington, James)
December 7, 2023 Filing 9 NOTICE of Appearance by Lisa Lawless on behalf of Cellco Partnership (Lawless, Lisa)
November 21, 2023 Set Deadline: City of Elkhart Board of Zoning Appeals answer due 12/12/2023 per #8 Agreed Notice. (jdb)
November 20, 2023 Filing 8 AGREED NOTICE to extend time to file answer filed by City of Elkhart Board of Zoning Appeals ; answer due by 12/12/2023. (Espar, John) Modified on 11/21/2023 to correct answer date as stated on notice (jdb).
November 20, 2023 Filing 7 NOTICE of Appearance by John M Espar on behalf of City of Elkhart Board of Zoning Appeals (Espar, John)
November 6, 2023 Filing 6 AFFIDAVIT of Service for AFFIDAVIT of Service for Notice of Issuance of Summons and Summons, Complaint and Petition for Judicial Review, Petitioner's Corporate Disclosure Statement and Appearance of Counsel served on City of Elkhart Corporation Counsel on October 31, 2023 served on Mayor Rod Roberson on October 31, 2023, filed by Cellco Partnership. (Borkowski, John)
November 6, 2023 Filing 5 AFFIDAVIT of Service for Notice of Issuance of Summons and Summons, Complaint and Petition for Judicial Review, Petitioner's Corporate Disclosure Statement and Appearance of Counsel served on City of Elkhart Corporation Counsel on October 31, 2023, filed by Cellco Partnership. (Borkowski, John)
October 17, 2023 Filing 4 Summons Issued as to City of Elkhart Board of Zoning Appeals. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (nae)
October 17, 2023 **NEW CASE* Judge Damon R Leichty and Magistrate Judge Michael G Gotsch, Sr added. (nae)
October 16, 2023 Filing 3 NOTICE of Appearance by John W Borkowski on behalf of Cellco Partnership, a Delaware partnership, d/b/a Verizon Wireless (Borkowski, John)
October 16, 2023 Filing 2 Corporate Disclosure Statement by Cellco Partnership, a Delaware partnership, d/b/a Verizon Wireless. (Borkowski, John)
October 16, 2023 Filing 1 COMPLAINT against City of Elkhart Board of Zoning Appeals( Filing fee $ 402 receipt number AINNDC-5385283.), filed by Cellco Partnership, a Delaware partnership, d/b/a Verizon Wireless. (Attachments: #1 Exhibit A-Pinewood Park Lease, #2 Exhibit B-Petition for use variance for Pinewood Park, #3 Exhibit C-Staff Report for Pinewood Park petition, #4 Exhibit D-1/13/2023 letter re Pinewood Park, #5 Exhibit E-Petition for variance, #6 Exhibit F-Staff Report, #7 Exhibit G-PowerPoint, #8 Exhibit H-Written Decision of September 27th, #9 Proposed Summons, #10 Civil Cover Sheet)(Borkowski, John)

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Petitioner: Cellco Partnership, a Delaware partnership, d/b/a Verizon Wireless Cellco Partnership, a Delaware partnership, d/b/a Verizon Wireless
Represented By: John W Borkowski
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Petitioner: Cellco Partnership a Delaware Partnership doing business as Verizon Wireless
Represented By: Lisa M Lawless
Represented By: James C Remington
Represented By: John W Borkowski
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Respondent: City of Elkhart Board of Zoning Appeals
Represented By: Rafael P McLaughlin
Represented By: John M Espar
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