CELLCO PARTNERSHIP et al v. THE COUNTY OF MONMOUTH, NEW JERSEY et al
| CELLCO PARTNERSHIP (DBA VERIZON WIRELESS), NEW YORK SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS, CELLCO PARTNERSHIP doing business as VERIZON WIRELESS and NEW YORK SMSA LIMITED PARTNERSHIP doing business as VERIZON WIRELESS |
| THE COUNTY OF MONMOUTH IN THE STATE OF NEW JERSEY, THE MONMOUTH COUNTY BOARD OF COMMISSIONERS, DIRECTOR THOMAS A. ARNONE, DEPUTY DIRECTOR NICK DIROCCO, COMMISSIONER SUSAN M. KILEY, COMMISSIONER ROSS F LICITRA, THE COUNTY OF MONMOUTH, NEW JERSEY and COMMISSIONER LILLIAN G. BURRY |
| Belmar Against 5G Towers, Lawrence Reynolds, Rose Daganya, Michael Ushak, Dan Rubinetti, Paul M. Elia, Michael McHale, Mary McHale and Children's Health Defense |
| CELLCO PARTNERSHIP and NEW YORK SMSA LIMITED PARTNERSHIP |
| 3:2023cv18091 |
| September 7, 2023 |
| US District Court for the District of New Jersey |
| J Brendan Day |
| Michael A Shipp |
| Other Statutory Actions |
| 47 U.S.C. § 251 Telecommunications Act of 1996 - Interconnection |
| None |
Docket Report
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This docket was last retrieved on November 3, 2023. A more recent docket listing may be available from PACER.
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| Pro Hac Vice fee received for Andrew Campanelli: $ 150, receipt number 135408 (jjc, ) |
Filing 36
TEXT ORDER: This matter comes before the Court upon review of the docket. On September 28, 2023, the Putative Intervenor Defendants filed a Motion to Intervene. (ECF No. #14 .) The Putative Intervenor Defendants also filed a Motion to Dismiss on October 17, 2023. (ECF No. #20 .) On October 30, 2023, Plaintiffs Cellco Partnership and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Plaintiffs") filed correspondence requesting a stay of the Motion to Dismiss until the Motion to Intervene is decided because the Court has not yet determined whether the Putative Intervenors are parties to this action. (ECF No. #33 .) Based on the Court's inherent power to control the matters on its docket, the Court shall administratively terminate the Motion to Dismiss, which will be reinstated (if appropriate) following the Court's decision on the intervention motion. So Ordered by Judge Michael A. Shipp on 11/2/2023. (jdb)
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| CLERK'S QUALITY CONTROL MESSAGE - The Letters #34 , #35 submitted by ANTHONY D'ARTIGLIO on 11/1/23 appear to be duplicates. Please refer to the Letter at docket entry #35 as the corrected entry. These submissions will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (amv) |
| Filing 35 Letter from Anthony J. D'Artiglio, Esq.. (D'ARTIGLIO, ANTHONY) |
| Filing 34 Letter from Layne A. Feldman, Esq.. (D'ARTIGLIO, ANTHONY) |
| Filing 33 Letter from Edward W. Purcell, Esq. re #20 MOTION to Dismiss . (MEESE, GREGORY) |
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Filing 32
LETTER ORDER granting request for a one-cycle adjournment of the #14 Motion to Intervene. Signed by Judge Michael A. Shipp on 10/27/2023. (jdb)
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Filing 31
ORDER granting #19 Motion for Leave to Appear Pro Hac Vice as to Andrew Campanelli. Signed by Magistrate Judge J. Brendan Day on 10/27/2023. (jal, )
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| Reset Deadlines as to #14 MOTION to Intervene . Motion reset for 11/20/2023 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb) |
| Filing 30 Letter re #14 MOTION to Intervene . (FELDMAN, LAYNE) |
| Reset Deadlines as to #20 MOTION to Dismiss . Motion set for 12/4/2023 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mlh) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, when entering a first appearance in a case, counsel should add their name when prompted. The Clerks office has added RICK A. STEINBERG as representing CELLCO PARTNERSHIP and NEW YORK SMSA LIMITED PARTNERSHIP in this case. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (mlh) |
| Filing 29 Exhibit to #19 Motion for Leave to Appear Pro Hac Vice, [Proposed] Order on Consent Granting Pro Hac Vice Admission by All Defendants. (FARINO, DANIEL) |
| Filing 28 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by CELLCO PARTNERSHIP re #20 MOTION to Dismiss (STEINBERG, RICK) |
| Filing 27 CERTIFICATION in Opposition filed by All Plaintiffs re #14 MOTION to Intervene (MEESE, GREGORY) |
| Filing 26 BRIEF in Opposition filed by All Plaintiffs re #14 MOTION to Intervene (MEESE, GREGORY) |
| Magistrate Judge J. Brendan Day added. Magistrate Judge Douglas E. Arpert no longer assigned to case. (jjc, ) |
| CLERK'S QUALITY CONTROL MESSAGE - The #24 Proposed Order submitted by Layne Feldman on 10/19/2023 was not submitted according to Magistrate Judge Arpert's judicial preferences. Proposed orders should be sent by email to dea_orders@njd.uscourts.gov, preferably in Word format. Proposed Orders filed with formal motions need not be sent. This message is for informational purposes only (kht) |
| Filing 25 Defendants' ANSWER to Complaint w Aff Defenses and Cert. of Service, COUNTERCLAIM against All Plaintiffs by All Defendants.(GIBSON, CHRISTOPHER) |
| Filing 24 Proposed Order by Belmar Against 5G Towers, Children's Health Defense, Rose Daganya, Paul M. Elia, Mary McHale, Michael McHale, Lawrence Reynolds, Dan Rubinetti, Michael Ushak re #23 Application/Petition,. (FELDMAN, LAYNE) |
| Filing 23 APPLICATION/PETITION for pro hac vice by Consent for by Belmar Against 5G Towers, Children's Health Defense, Rose Daganya, Paul M. Elia, Mary McHale, Michael McHale, Lawrence Reynolds, Dan Rubinetti, Michael Ushak. (Attachments: #1 Certification of W. Scott McCollough by Consent)(FELDMAN, LAYNE) |
| Filing 22 NOTICE of Appearance by ANTHONY JOSEPH D'ARTIGLIO on behalf of Belmar Against 5G Towers, Children's Health Defense, Rose Daganya, Paul M. Elia, Mary McHale, Michael McHale, Lawrence Reynolds, Dan Rubinetti, Michael Ushak (D'ARTIGLIO, ANTHONY) |
| Set Deadlines as to #20 MOTION to Dismiss . Motion set for 11/20/2023 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg) |
| Filing 21 Proposed Order by Belmar Against 5G Towers, Children's Health Defense, Rose Daganya, Paul M. Elia, Mary McHale, Michael McHale, Lawrence Reynolds, Dan Rubinetti, Michael Ushak re #20 MOTION to Dismiss . (FELDMAN, LAYNE) |
| Filing 20 MOTION to Dismiss by Belmar Against 5G Towers, Children's Health Defense, Rose Daganya, Paul M. Elia, Mary McHale, Michael McHale, Lawrence Reynolds, Dan Rubinetti, Michael Ushak. Responses due by 11/6/2023. (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Declaration of Layne A. Feldman, Esq., #3 Exhibit A - Right of Way Agreement, #4 Exhibit B - May 10, 2023 Letter, #5 Exhibit C- August 8, 2023 Letter)(FELDMAN, LAYNE) |
| CLERK'S QUALITY CONTROL MESSAGE - A Text of Proposed Order was not submitted with #19 Motion for Leave to Appear Pro Hac Vice submitted by DANIEL R. FARINO on 10/10/2023. PLEASE SUBMIT THE MISSING DOCUMENT ONLY USING EVENT *Exhibit to Document* and linking it to the Motion. (kht) |
| Set Deadlines as to #19 MOTION for Leave to Appear Pro Hac Vice A. Campanelli, Esq.. Motion set for 11/6/2023 before Magistrate Judge Douglas E. Arpert. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kht) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice A. Campanelli, Esq. by All Defendants. (Attachments: #1 Affidavit Ex. A - Aff. of A. Campanelli in Spt. of Pro Hac Vice Motion, #2 Exhibit Cert Good Standing EDNY, #3 Exhibit Cert Good Standing 2nd Jud Dept)(FARINO, DANIEL) |
| Clerk`s Text Order - The document #18 Application for Clerk's Order to Ext Answer/Proposed Order submitted by SUSAN M. KILEY, LILLIAN G. BURRY, NICK DIROCCO, THE COUNTY OF MONMOUTH, NEW JERSEY, ROSS F LICITRA, THE MONMOUTH COUNTY BOARD OF COMMISSIONERS, THOMAS A. ARNONE has been GRANTED. The answer due date has been set for 10/18/2023. (jal, ) |
| Filing 18 Application and Proposed Order for Clerk's Order to extend time to answer. (GIBSON, CHRISTOPHER) |
| CLERK'S QUALITY CONTROL MESSAGE - The Application for Clerk Order to Ext Answer/Proposed Order #16 filed by Christopher Gibson on 10/3/2023 was submitted incorrectly as a motion. PLEASE RESUBMIT THE Application for Clerk Order to Ext Answer/Proposed Order USING Application for Clerk Order to Ext Answer/Proposed Order. This submission will remain on the docket unless otherwise ordered by the court. (jal, ) |
| Filing 17 NOTICE of Appearance by DANIEL R FARINO on behalf of All Defendants (FARINO, DANIEL) |
| Filing 16 First MOTION for Extension of Time to File Answer Complaint by All Defendants. (GIBSON, CHRISTOPHER) |
| Filing 15 NOTICE of Appearance by CHRISTOPHER R. GIBSON on behalf of All Defendants (GIBSON, CHRISTOPHER) |
| Set Deadlines as to #14 MOTION to Intervene . Motion set for 11/6/2023 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mlh) |
| Filing 14 MOTION to Intervene by Belmar Against 5G Towers, Children's Health Defense, Rose Daganya, Paul M. Elia, Mary McHale, Michael McHale, Lawrence Reynolds, Dan Rubinetti, Michael Ushak. (Attachments: #1 Exhibit Memorandum of Law in Support of Motion to Intervene)(FELDMAN, LAYNE) |
| CLERK'S QUALITY CONTROL MESSAGE - The #12 "MOTION" submitted by LAYNE FELDMAN on 9/27/2023 contains an improper signature. Only the filing user is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (mlh) |
| Filing 13 Proposed Order by Belmar Against 5G Towers, Children's Health Defense, Rose Daganya, Paul M. Elia, Mary McHale, Michael McHale, Lawrence Reynolds, Dan Rubinetti, Michael Ushak re #12 MOTION to Intervene . (FELDMAN, LAYNE) |
| Filing 12 MOTION to Intervene by Belmar Against 5G Towers, Lawrence Reynolds, Rose Daganya, Michael Ushak, Dan Rubinetti, Paul M. Elia, Michael McHale, Mary McHale, Children's Health Defense. (Attachments: #1 Brief Memorandum of Law In Support of Motion to Intervene)(FELDMAN, LAYNE) |
| Filing 11 SUMMONS Returned Executed by NEW YORK SMSA LIMITED PARTNERSHIP, CELLCO PARTNERSHIP. (MEESE, GREGORY) |
| Filing 10 SUMMONS Returned Executed by NEW YORK SMSA LIMITED PARTNERSHIP, CELLCO PARTNERSHIP. (MEESE, GREGORY) |
| Filing 9 SUMMONS Returned Executed by NEW YORK SMSA LIMITED PARTNERSHIP, CELLCO PARTNERSHIP. (MEESE, GREGORY) |
| Filing 8 SUMMONS Returned Executed by NEW YORK SMSA LIMITED PARTNERSHIP, CELLCO PARTNERSHIP. (MEESE, GREGORY) |
| Filing 7 SUMMONS Returned Executed by NEW YORK SMSA LIMITED PARTNERSHIP, CELLCO PARTNERSHIP. (MEESE, GREGORY) |
| Filing 6 SUMMONS Returned Executed by NEW YORK SMSA LIMITED PARTNERSHIP, CELLCO PARTNERSHIP. (MEESE, GREGORY) |
| Filing 5 SUMMONS Returned Executed by NEW YORK SMSA LIMITED PARTNERSHIP, CELLCO PARTNERSHIP. (MEESE, GREGORY) |
| Filing 4 SUMMONS Returned Executed by NEW YORK SMSA LIMITED PARTNERSHIP, CELLCO PARTNERSHIP. All Defendants. (MEESE, GREGORY) |
| Filing 3 SUMMONS ISSUED as to THOMAS A. ARNONE, LILLIAN G. BURRY, NICK DIROCCO, SUSAN M. KILEY, ROSS F LICITRA, THE COUNTY OF MONMOUTH, NEW JERSEY, THE MONMOUTH COUNTY BOARD OF COMMISSIONERS. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jjc, ) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future when choosing parties please choose each party individually. Do NOT select the ALL PLAINTIFFS or ALL DEFENDANTS button . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, ) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: D/B/A parties should be added as an ALIAS. Please do not enter them in the First or Last Name Fields . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, ) |
| Judge Michael A. Shipp and Magistrate Judge Douglas E. Arpert added. (jjc, ) |
| Filing 2 Corporate Disclosure Statement by CELLCO PARTNERSHIP (DBA VERIZON WIRELESS), NEW YORK SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS. (MEESE, GREGORY) |
| Filing 1 COMPLAINT against All Defendants ( Filing and Admin fee $ 402 receipt number ANJDC-14659072), filed by NEW YORK SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS, CELLCO PARTNERSHIP (DBA VERIZON WIRELESS). (Attachments: #1 Civil Cover Sheet)(MEESE, GREGORY) |
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