Crown Castle NG East LLC v. The Town of Oyster Bay et al
| Crown Castle NG East LLC |
| John Bishop, Richard Lenz, The Town of Oyster Bay and The Town of Oyster Bay Town Board |
| 2:2017cv03445 |
| June 8, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Arlene R. Lindsay |
| Other Statutory Actions |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
104
ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the reasons set forth above, the Report is accepted in its entirety and, for the reasons set forth therein, (i) plaintiffs claims pursuant to the Telecommunications Act (Counts I, II, III, IV and V) are dismissed in their entirety for lack of subject matter jurisdiction; (ii) the branches of defendants motion seeking summary judgment on plaintiffs remaining claims pursuant to Rule 56 of the Federal Rules of Civil Procedure are granted to the extent (A) that defendants are granted judgment as a matter of law dismissing plaintiffs claims pursuant to 42 U.S.C. § 1983 (Section 1983) (Counts VII, VIII and IX) in their entirety with prejudice, and (B) the Court declines to exercise supplemental jurisdiction over the remaining state law claims in this action, including defendants counterclaims, and those claims are dismissed in their entirety without prejudice pursuant to 28 U.S.C. § 1367(c); (iii) plaintiffs motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure is denied; and (iv) plaintiffs motion to strike the declaration and expert report of rebuttal expert Roger Mascettis is denied as moot. The Clerk of the Court shall enter judgment in accordance with this Order and close this case. So Ordered by Judge Sandra J. Feuerstein on 5/11/2020. (Cubano, Jazmin)
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