Lepper et al v. Village of Babylon et al
Plaintiff: Noelle Lepper and John Lepper
Defendant: Gerard Glass, Esq., Suzanne Schettino, Mary Adams and Tony Davida
Counter Claimant: Ralph Scordino, Village of Babylon, Stephen Fellman, Kevin Muldowney, Deborah Longo, John and Jane Doe and Robyn Silvestri
Case Number: 2:2018cv07011
Filed: December 10, 2018
Court: US District Court for the Eastern District of New York
Presiding Judge: Joseph F Bianco
Referring Judge: Gary R Brown
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1983 Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 1, 2019 Filing 28 ANSWER to #8 Amended Complaint , COUNTERCLAIM against John Lepper, Noelle Lepper by All Defendants. (Tosca, Eric)
January 28, 2019 Filing 27 Minute Entry for proceedings held before Judge Joseph F. Bianco: Oral Hearing held on 1/28/2019; CONFERENCE HELD ARGUMENT HEARD DECISION: RESERVED. Settlement discussions held; case not settled. Counsel is to file on ECF within two(2) weeks a letter to the Court as discussed on the record. (FTR Log #10:59-11:11 and 11;46-11:48.) (Bollbach, Jean)
January 28, 2019 Filing 26 REPLY in Support re #25 Reply in Opposition and Plaintiffs' Preliminary Offers of Proof filed by John Lepper, Noelle Lepper. (Attachments: #1 Exhibit X_1_20161118_MuniasteriTreehouse, #2 Exhibit X_2_20180510_Fellman notice, #3 Exhibit X_3_20180517_Pltf Building Permit Application, #4 Exhibit X_4_20180521_Lepper Permit Application, #5 Exhibit X_5_20180818_VOBminutes_toXecSess, #6 Exhibit X_6_20180911_VOBminutes_toXecSess, #7 Exhibit X_7_20181002_VOBminutes_toXecSess, #8 Exhibit X_8_20181009_VOBminutes_toXecSess, #9 Exhibit X_9_20181016_VOBminutes_WorkSess, #10 Exhibit X_10_20181019_Fellman Removal Letter, #11 Exhibit X_11_20181023_VOBminutes_WorkSess, #12 Exhibit X_12_20181024_CongressmanPeterKing_help for Tree House Permit, #13 Exhibit X_13_20181024_Letter from Congressmember Peter King, #14 Exhibit X_14_20181106_VOBminutes_WorkSess, #15 Exhibit X_15_20181120_VOBminutes_WorkSess, #16 Exhibit X_16_20181204_VOBminutes_WorkSess, #17 Exhibit X_17_Village of Babylon Code_365-26, #18 Exhibit X_18_20181119_Image of the Property Line - Wampum, #19 Exhibit X_19_20181119_Image of the Property Line - closeup, #20 Exhibit X_ 20_ 201805 _ Notice of Violation) (Morris, Cory)
January 25, 2019 Filing 25 REPLY in Opposition to Plaintiff's Order to Show Cause filed by All Defendants. (Tosca, Eric)
January 25, 2019 Opinion or Order ORDER: Based upon the Court's review of the papers, the hearing on Monday (January 28, 2019) will only be an oral argument on the motion, including argument on whether an evidentiary hearing is necessary (and, if so, the scope of that hearing). Therefore, no witnesses need to be present for the oral argument. If an evidentiary hearing is necessary, it will be scheduled for another date. Ordered by Judge Joseph F. Bianco on 1/25/2019. (Savona, Michele)
January 23, 2019 Filing 24 NOTICE by Deborah Longo, Kevin Muldowney, Suzanne Schettino, Ralph Scordino, Robyn Silvestri, Village of Babylon (Tosca, Eric)
January 23, 2019 Filing 23 Letter (containing witness list as per this Honorable Court's Order) by John Lepper, Noelle Lepper (Morris, Cory)
January 17, 2019 Filing 22 Minute Entry for proceedings held before Judge Joseph F. Bianco:Status Conference held on 1/17/2019, ( show cause set for 1/28/2019 10:00 AM in Courtroom 1040 before Judge Joseph F. Bianco.) (FTR Log #12:49-1:04.) (Bollbach, Jean)
January 16, 2019 Filing 21 NOTICE of Appearance by Eric P. Tosca on behalf of All Defendants (aty to be noticed) (Tosca, Eric)
January 14, 2019 Opinion or Order ELECTRONIC ORDER granting #20 Motion for Extension of Time to Answer. Application granted. Defendants shall have until, and including, 02/04/2019 to answer or otherwise respond to the complaint. Ordered by Magistrate Judge Gary R. Brown on 1/14/2019. c/ecf (Gilpin, Daniel)
January 11, 2019 Filing 20 Consent MOTION for Extension of Time to File Answer re #8 Amended Complaint by John Lepper, Noelle Lepper. (Morris, Cory)
January 10, 2019 Opinion or Order SCHEDULING ORDER: The Status Conference set for January 17, 2019 at 12:45 p.m. will be conducted telephonically. At that time, counsel for plaintiffs 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 1/10/2019. (Allen, John)
January 2, 2019 Filing 19 SUMMONS Returned Executed by Noelle Lepper, John Lepper. Village of Babylon served on 12/21/2018, answer due 1/11/2019. (Morris, Cory)
January 2, 2019 Filing 18 SUMMONS Returned Executed by Noelle Lepper, John Lepper. Tony Davida served on 12/21/2018, answer due 1/11/2019. (Morris, Cory)
January 2, 2019 Filing 17 SUMMONS Returned Executed by Noelle Lepper, John Lepper. Suzanne Schettino served on 12/21/2018, answer due 1/11/2019. (Morris, Cory)
January 2, 2019 Filing 16 SUMMONS Returned Executed by Noelle Lepper, John Lepper. Stephen Fellman served on 12/21/2018, answer due 1/11/2019. (Morris, Cory)
January 2, 2019 Filing 15 SUMMONS Returned Executed by Noelle Lepper, John Lepper. Robyn Silvestri served on 12/21/2018, answer due 1/11/2019. (Morris, Cory)
January 2, 2019 Filing 14 SUMMONS Returned Executed by Noelle Lepper, John Lepper. Ralph Scordino served on 12/21/2018, answer due 1/11/2019. (Morris, Cory)
January 2, 2019 Filing 13 SUMMONS Returned Executed by Noelle Lepper, John Lepper. Mary Adams served on 12/21/2018, answer due 1/11/2019. (Morris, Cory)
January 2, 2019 Filing 12 SUMMONS Returned Executed by Noelle Lepper, John Lepper. Kevin Muldowney served on 12/21/2018, answer due 1/11/2019. (Morris, Cory)
January 2, 2019 Filing 11 SUMMONS Returned Executed by Noelle Lepper, John Lepper. Gerard Glass, Esq served on 12/21/2018, answer due 1/11/2019. (Morris, Cory)
December 18, 2018 Filing 10 Summons Issued as to All Defendants. (Bollbach, Jean)
December 17, 2018 Filing 9 Proposed Summons. Re #8 Amended Complaint by John Lepper, Noelle Lepper (Morris, Cory)
December 17, 2018 Filing 8 AMENDED COMPLAINT Verified, against All Defendants, filed by Noelle Lepper, John Lepper. (Morris, Cory)
December 10, 2018 Filing 7 Minute Entry for proceedings held before Judge Joseph F. Bianco:Show Cause Hearing held on 12/10/2018, argument heard ( Status Conference set for 1/17/2019 12:45 PM in Courtroom 1040 before Judge Joseph F. Bianco.) (FTR Log #2:50-3:10.) (Bollbach, Jean)
December 10, 2018 Filing 6 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)
December 10, 2018 Filing 5 Affirmation in Support by Cory H. Morris, Esq. re: #2 Proposed Order to Show Cause for John Lepper, Noelle Lepper. (Cox, Dwayne)
December 10, 2018 Filing 4 MEMORANDUM Of Law in Support re: #2 Proposed Order to Show Cause filed by John Lepper, Noelle Lepper. (Cox, Dwayne)
December 10, 2018 Filing 3 NOTICE of Application re: #2 Proposed Order to Show Cause (Cox, Dwayne)
December 10, 2018 Filing 2 Proposed Order to Show Cause by John Lepper, Noelle Lepper (Cox, Dwayne)
December 10, 2018 Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Noelle Lepper, John Lepper. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne)
December 10, 2018 FILING FEE: $ 400.00, receipt number 26702 (Cox, Dwayne)

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Counter claimant: Ralph Scordino
Represented By: Eric P. Tosca
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Counter claimant: Village of Babylon
Represented By: Eric P. Tosca
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Counter claimant: Stephen Fellman
Represented By: Eric P. Tosca
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Counter claimant: Kevin Muldowney
Represented By: Eric P. Tosca
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Counter claimant: Deborah Longo
Represented By: Eric P. Tosca
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Counter claimant: John and Jane Doe
Represented By: Eric P. Tosca
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Counter claimant: Robyn Silvestri
Represented By: Eric P. Tosca
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Defendant: Gerard Glass, Esq.
Represented By: Eric P. Tosca
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Defendant: Suzanne Schettino
Represented By: Eric P. Tosca
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Defendant: Mary Adams
Represented By: Eric P. Tosca
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Defendant: Tony Davida
Represented By: Eric P. Tosca
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Plaintiff: Noelle Lepper
Represented By: Cory H. Morris
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Plaintiff: John Lepper
Represented By: Cory H. Morris
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