Aptive Environmental, LLC v. Village of Poquott, New York

Plaintiff: Aptive Environmental, LLC
Defendant: Village of Poquott, New York
Case Number: 2:2018cv04711
Filed: August 21, 2018
Court: US District Court for the Eastern District of New York
0 Judge: Joseph F Bianco
1 Judge: A Kathleen Tomlinson
Nature of Suit: Constitutional - State Statute
Cause of Action: 28:2201
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on October 17, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 17, 2018 Opinion or Order ORDER: the SCHEDULING ORDER issued yesterday, October 16, 2018, rescheduling the Discovery Status Conference was posted in error. The in-person Initial Conference in this matter will proceed as initially scheduled: November 6, 2018 at 11 a.m. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/17/2018. (Cento, Patrick)
October 16, 2018 Opinion or Order SCHEDULING ORDER: due to an unanticipated scheduling conflict, the Court needs to reschedule the Discovery Status Conference in this matter, which will now proceed on November 6, 2018 at 11:30 a.m. Counsel are reminded of the need to submit their Discovery Status Report at least three business days in advance of the conference. Attorney Kohane is permitted to attend the conference by telephone by calling Chambers at 631-712-5760. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/16/2018. (Cento, Patrick)
October 4, 2018 Filing 24 Minute Entry for proceedings held before Judge Joseph F. Bianco:Status Conference held on 10/4/2018; letter to be submitted to the ocurt by 10/25/18 (FTR Log #4:23-4:31.) (Bollbach, Jean)
October 4, 2018 Opinion or Order Filing 23 ORDER. Agreed Order for Preliminary Injunction. Defendant consents to the entry of a preliminary injunction enjoining the enforcement of the Solicitation Ban, subject to the conditions set forth herein. This Order will remain in full force and effect until this Court renders its decision on the merits of plaintiff's claims. This stipulation obviates the need for any response to the order to show cause. As set forth in the September 18, 2018 Scheduling Order, the conference remains scheduled for October 4, 2018 at 4:15 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/4/2018. (Baum, Sabrina)
September 26, 2018 Opinion or Order Filing 22 INITIAL CONFERENCE SCHEDULING ORDER: Initial Conference set for November 6, 2018 at 11 a.m. before Magistrate Judge A. Kathleen Tomlinson in Courtroom 910 at 100 Federal Plaza, Central Islip, New York. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/26/2018. (Cento, Patrick)
September 19, 2018 Filing 21 Letter by Aptive Environmental, LLC (Attachments: #1 Proposed Order Proposed Agreed Order for Preliminary Injunction) (Vuotto, Jonathan)
September 18, 2018 Opinion or Order Filing 20 STIPULATION AND ORDER re #17 Stipulation Extending Time to Answer Complaint filed by Village of Poquott, New York. Defendant's time to answer extended to September 20, 2018. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/18/2018. (Ryan, Mary)
September 18, 2018 Opinion or Order SCHEDULING ORDER: IT IS HEREBY ORDERED that the telephone conference scheduled for October 4, 2018 at 3:45 p.m. is rescheduled to 4:15 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/18/2018. (Baum, Sabrina)
September 18, 2018 Opinion or Order ORDER granting #18 Motion for Extension of Time to Answer Village of Poquott, New York answer due 10/19/2018. The Court has received defendant's letter (1) requesting that the injunction reflect certain conditions, (2) notifying the Court that the Village Board intends to rescind the ordinance complained of (and that a final permanent injunction is not likely to be necessary), (3) requesting that the deadline to answer or move be extended to October 19, 2018, and (4) requesting that the Court convert the hearing scheduled for October 4, 2018 into a conference to discuss resolution or a potential motion to dismiss. IT IS HEREBY ORDERED that the request for an extension of time to answer or move is extended to October 19, 2018, and the Court shall hold a telephone conference rather than a preliminary injunction hearing on October 4, 2018 at 3:45 p.m. At that time, counsel for plaintiff shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712-5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/18/2018. (Baum, Sabrina)
September 17, 2018 Filing 19 NOTICE of Appearance by Jaclyn A. Martini on behalf of Village of Poquott, New York (aty to be noticed) (Martini, Jaclyn)
September 14, 2018 Filing 18 Letter MOTION for Extension of Time to File Answer AND REQUEST FOR CONFERENCE by Village of Poquott, New York. (Vizza, Robert)
September 12, 2018 Filing 17 STIPULATION EXTENDING TIME TO ANSWER OR MOVE AGAINST THE COMPLAINT UP TO AND INCLUDING 9/20/18 by Village of Poquott, New York (Elliott, Robert)
September 12, 2018 Filing 16 NOTICE of Appearance by Robert G. Vizza on behalf of Village of Poquott, New York (aty to be noticed) (Vizza, Robert)
September 12, 2018 Filing 15 NOTICE of Appearance by Robert Frank Elliott on behalf of Village of Poquott, New York (aty to be noticed) (Elliott, Robert)
August 31, 2018 Filing 14 SUMMONS Returned Executed by Aptive Environmental, LLC. Village of Poquott, New York served on 8/27/2018, answer due 9/17/2018. (Vuotto, Jonathan)
August 24, 2018 Opinion or Order ORDER deferring ruling on #11 Motion for Leave to Appear Pro Hac Vice ; deferring ruling on #12 Motion for Leave to Appear Pro Hac Vice. Before the motions can be ruled on, the Court requires counsel to forward to Chambers the original certificates of good standing for review. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/24/2018. (Cento, Patrick)
August 24, 2018 Filing 13 NOTICE of Change of Email & New Firm Contact Information by Jonathan P Vuotto (Vuotto, Jonathan)
August 23, 2018 Filing 12 MOTION for Leave to Appear Pro Hac Vice of Jonathan Kelley Filing fee $ 150, receipt number 0207-10679908. by Aptive Environmental, LLC. (Attachments: #1 Declaration, #2 Exhibit Certificate of Good Standing) (Vuotto, Jonathan)
August 23, 2018 Filing 11 MOTION for Leave to Appear Pro Hac Vice of Jeremy Fielding Filing fee $ 150, receipt number 0207-10679901. by Aptive Environmental, LLC. (Attachments: #1 Declaration, #2 Exhibit Certificate of Good Standing) (Vuotto, Jonathan)
August 23, 2018 Filing 10 Summons Issued as to Village of Poquott, New York. (Bollbach, Jean)
August 22, 2018 Filing 9 Proposed Summons. by Aptive Environmental, LLC (Vuotto, Jonathan)
August 21, 2018 Filing 8 Minute Entry for proceedings held before Judge Joseph F. Bianco:Order To Show Cause held on 8/21/2018, TRO only applies to these plaintiffs ( preliminary hearing set for 10/4/2018 03:45 PM in Courtroom 1040 before Judge Joseph F. Bianco.) (Court Reporter Paul Lombardi.) (Bollbach, Jean)
August 21, 2018 Filing 7 NOTICE of Appearance by Timothy F. Hill on behalf of All Defendants (aty to be noticed) (Hill, Timothy)
August 21, 2018 Opinion or Order Filing 6 ORDER TO SHOW CAUSE Show Cause Hearing set for 10/4/2018 03:45 PM in Courtroom 1040 before Judge Joseph F. Bianco. See document for full detailsOrdered by Judge Joseph F. Bianco on 8/21/2018. (Bollbach, Jean)
August 21, 2018 Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Judge Joseph F. Bianco and Magistrate Judge A. Kathleen Tomlinson for all further proceedings. Judge Denis R. Hurley, Magistrate Judge Arlene R. Lindsay no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 8/21/2018. (Bowens, Priscilla)
August 21, 2018 Filing 5 Notice of Related Case; 18-cv-4690-JFB-AKT (Cox, Dwayne)
August 21, 2018 Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne)
August 21, 2018 Filing 3 Brief in Support re: #2 Proposed Order to Show Cause filed by Aptive Environmental, LLC. (Cox, Dwayne)
August 21, 2018 Filing 2 Proposed Order to Show Cause by Aptive Environmental, LLC (Cox, Dwayne)
August 21, 2018 FILING FEE: $ 400.00, receipt number 25955 (Cox, Dwayne)
August 21, 2018 Filing 1 COMPLAINT against Village of Poquott, New York Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Aptive Environmental, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Civil Cover Sheet) (Cox, Dwayne)

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Defendant: Village of Poquott, New York
Represented By: Timothy F. Hill
Represented By: Jaclyn A. Martini
Represented By: Robert Frank Elliott
Represented By: Robert G. Vizza
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Plaintiff: Aptive Environmental, LLC
Represented By: Jonathan P. Vuotto
Represented By: Jonathan P Vuotto
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