Greenport Gardens, LLC et al v. Village of Greenport et al
| Greenport Gardens, LLC, Mario Capuano and Kevin C. Hudson |
| Greg Morris, Douglas W. Roberts, Village of Greenport, Andrew Smith, Mary Bess Phillips, John Doe, Jack Martilotta, Eileen Wingate, John Does and Jane Does #1-10, Building Department & Code Enforcement, George W. Hubbard, Jr., Robert Brandt, Julia Robins, Paul J. Pallas, P.E. and Edwin Ward |
| 2:2019cv02330 |
| April 22, 2019 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Pamela K Chen |
| Arlene R Lindsay |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 28 Proposed Scheduling Order by Village of Greenport (Dar Conte, Jaclyn) |
ORDER: The #28 proposed briefing schedule is So Ordered. The Court sets the following deadlines: (1) Defendants shall serve their motion to dismiss and accompanying memoranda of law in support by June 26, 2020; (2) Plaintiffs shall serve their opposition brief by July 31, 2020; and (3) Defendants may serve and file their replies, if any, by August 28, 2020.As a courtesy to the Court, the parties are encouraged to not file their motion papers until the motion is fully briefed. If the parties follow this practice, the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter, not as a motion. On the day the motion is fully briefed, in this case on August 28, 2020, each party shall electronically file its moving papers. Ordered by Judge Pamela K. Chen on 3/6/2020. (Brodziak, Maya)
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| Filing 27 Letter MOTION for Extension of Time to File proposed briefing schedule by Robert Brandt, Building Department & Code Enforcement, George W. Hubbard, Jr., John Does and Jane Does #1-10, Jack Martilotta, Greg Morris, Paul J. Pallas, P.E., Mary Bess Phillips, Douglas W. Roberts, Julia Robins, Andrew Smith, Village of Greenport, Edwin Ward, Eileen Wingate. (Dar Conte, Jaclyn) |
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ORDER: The Court grants the #27 Consent Motion for Extension of Time to File. The parties shall submit their joint proposed briefing schedule by March 6, 2020. Ordered by Judge Pamela K. Chen on 2/27/2020. (Brodziak, Maya)
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| Filing 26 Letter MOTION for Extension of Time to File Briefing Schedule by Robert Brandt, Building Department & Code Enforcement, George W. Hubbard, Jr., Jack Martilotta, Greg Morris, Paul J. Pallas, P.E., Mary Bess Phillips, Douglas W. Roberts, Julia Robins, Andrew Smith, Village of Greenport, Edwin Ward, Eileen Wingate. (Dar Conte, Jaclyn) |
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ORDER: The Court denies as unnecessary Defendants' #23 motion for a pre-motion conference and grants Defendants leave to file their anticipated motion to dismiss. The parties shall confer and submit a proposed briefing schedule to the Court by February 21, 2020. Ordered by Judge Pamela K. Chen on 2/14/2020. (Brodziak, Maya)
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ORDER: The Court grants Defendants' #26 Motion for Extension of Time to File. The parties shall submit their joint proposed briefing schedule by February 28, 2020. Ordered by Judge Pamela K. Chen on 2/14/2020. (Brodziak, Maya)
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| Filing 25 RESPONSE to Motion re #23 MOTION for pre motion conference for leave to move to dismiss Amended Complaint Letter filed by Greenport Gardens, LLC. (Berger, Judith) |
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ORDER: The Court grants Plaintiffs' #24 Motion for Extension of Time to File. Plaintiffs shall file their response to Defendants' #23 motion for a pre-motion conference by February 13, 2020. Ordered by Judge Pamela K. Chen on 1/30/2020. (Brodziak, Maya)
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| Filing 24 Letter MOTION for Extension of Time to File Opposition to Letter by Greenport Gardens, LLC. (Berger, Judith) |
| Filing 23 MOTION for pre motion conference for leave to move to dismiss Amended Complaint by Building Department & Code Enforcement, Village of Greenport. (Dar Conte, Jaclyn) |
| Filing 22 AMENDED COMPLAINT against Robert Brandt, Building Department & Code Enforcement, George W. Hubbard, Jr., John Does and Jane Does #1-10, Jack Martilotta, Paul J. Pallas, P.E., Mary Bess Phillips, Douglas W. Roberts, Julia Robins, Village of Greenport, Eileen Wingate, Edwin Ward, filed by Greenport Gardens, LLC, Edwin Ward. (Love, Alexis) |
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ORDER: The Court grants Plaintiffs' #21 Consent Motion for Extension of Time to File. Plaintiffs shall file their consolidated amended complaint by January 3, 2020. Ordered by Judge Pamela K. Chen on 12/13/2019. (Brodziak, Maya)
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| Filing 21 Letter MOTION for Extension of Time to File Amended Complaint by Greenport Gardens, LLC. (Berger, Judith) |
| Filing 20 NOTICE of Appearance by Jaclyn L Dar Conte on behalf of All Defendants (aty to be noticed) (Dar Conte, Jaclyn) |
| Filing 19 Letter MOTION for Extension of Time to File Amended Complaint by Greenport Gardens, LLC. (Berger, Judith) |
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ORDER: The Court grants Plaintiffs' #19 Consent Motion for Extension of Time to File. Plaintiffs shall file their consolidated amended complaint by December 12, 2019. Ordered by Judge Pamela K. Chen on 11/7/2019. (Brodziak, Maya)
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| Case Consolidated. See Minute entry dated 9/11/2019 in Lead Case. Associated Cases: 2:19-cv-02330-PKC-ARL, 2:17-cv-05481-PKC-ARL (Abdallah, Fida) |
| Filing 18 REPORT of Mediation Unsettled Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session.Mediation Report due by 9/13/2019. (Berger, Judith) |
| Filing 17 NOTICE of Appearance by Judith N. Berger on behalf of All Plaintiffs (aty to be noticed) (Berger, Judith) |
| Minute Entry for Proceedings Held Before Judge Pamela K. Chen: Oral Argument on Plaintiffs' #7 Motion to Remand and pre-motion conference held on September 10, 2019. Appearances by Judith Berger for Plaintiffs; Anne C. Leahey for Defendants. Case called. Discussion held. For the reasons stated on the record, Plaintiffs' #7 Motion to remand is denied. Furthermore, for the reasons stated on the record, the Court consolidates dockets 2:17-cv-5481 ("5481") and 2:19-cv-2330 ("2330") into the 2330 docket. Any and all future entries are to be made in the 2330 docket. The Clerk of Court is respectfully directed to consolidate the cases and terminate 5481. Additionally, the Court grants Plaintiffs leave to file a consolidated amended complaint by November 12, 2019. Defendants shall advise the Court by letter, no more than three (3) pages, as to whether they still seek to file a motion to dismiss and on what basis, by the timeline outlined in the Court's individual rules. Finally, Plaintiffs' attorney shall file her Notice of Appearance by September 13, 2019. (Court Reporter Linda Marino.) (Brodziak, Maya) |
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ORDER: The Court will hold oral argument on Plaintiffs' #7 motion to remand. Additionally, the Court grants Defendants' #15 motion for a pre-motion conference. The oral argument and pre-motion conference will both take place on September 10, 2019 at 11:00 a.m in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 8/19/2019. (Brodziak, Maya)
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ORDER REASSIGNING CASE. Case reassigned to Judge Pamela K. Chen for all further proceedings. Judge Joan M. Azrack 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 8/16/2019. (Bowens, Priscilla)
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| Filing 16 REPLY in Opposition Memorandum filed by Greenport Gardens, LLC. (Cullen, Michael) |
| Filing 15 Letter MOTION for Pre Motion Conference, by Robert Brandt, Building Department & Code Enforcement, George W. Hubbard, Jr., Jack Martilotta, Greg Morris, Paul J. Pallas, P.E., Mary Bess Phillips, Douglas W. Roberts, Julia Robins, Andrew Smith, Village of Greenport, Eileen Wingate (Leahey, Anne) Modified event type from Letter to Motion on 7/24/2019 (Ortiz, Grisel). |
| Filing 14 SUMMONS Returned Executed by Greenport Gardens, LLC. Village of Greenport served on 4/22/2019, answer due 5/13/2019. (Cullen, Michael) |
| Filing 13 COMPLAINT against Village of Greenport Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Greenport Gardens, LLC. (Cullen, Michael) |
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Filing 12
ORDER Granting #11 Motion for Extension of Time to File Complaint. So Ordered by Judge Joan M. Azrack on 7/8/2019. (Ortiz, Grisel)
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| Filing 11 First MOTION for Extension of Time to File Complaint by Greenport Gardens, LLC. (Cullen, Michael) |
| Filing 10 RESPONSE in Opposition re #7 First MOTION to Remand to State Court , MEMORANDUM in Opposition filed by All Defendants. (Attachments: #1 Declaration, #2 Exhibit 5/3/17 Summons with Notice, #3 Exhibit 12/20/18 Summons with Notice, #4 Affidavit of Service) (Kreppein, Scott) |
| Filing 9 NOTICE of Appearance by Scott J. Kreppein on behalf of Robert Brandt, Building Department & Code Enforcement, George W. Hubbard, Jr., Jack Martilotta, Greg Morris, Paul J. Pallas, P.E., Mary Bess Phillips, Douglas W. Roberts, Julia Robins, Andrew Smith, Village of Greenport, Eileen Wingate (aty to be noticed) (Kreppein, Scott) |
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SCHEDULING ORDER: The parties' proposed briefing schedule (ECF No. #8 ) is approved. Defendants' opposition to be filed by June 21, 2019; plaintiffs' reply to be filed by July 12, 2019. Ordered by Judge Joan M. Azrack on 5/30/2019. (Gallagher, Erin)
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| Filing 8 Letter to Judge re Briefing Schedule re plaintiffs' motion to remand by Robert Brandt, Building Department & Code Enforcement, George W. Hubbard, Jr., John Does and Jane Does #1-10, Jack Martilotta, Greg Morris, Paul J. Pallas, P.E., Mary Bess Phillips, Douglas W. Roberts, Julia Robins, Andrew Smith, Village of Greenport, Eileen Wingate (Leahey, Anne) |
| Filing 7 First MOTION to Remand to State Court by Greenport Gardens, LLC. (Cullen, Michael) |
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ORDER re #5 : The time to submit the complaint is extended to and including June 18, 2019. Ordered by Magistrate Judge Arlene R. Lindsay on 4/30/2019. c/ecf (Imrie, Robert)
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| Filing 6 STATE COURT RECORD Received from Supreme Court of the State of NY, Cnty of Suffolk, 625088/2018; Received on 4/29/2019; Received the Clerks minutes and copy of Notice of Removal. (Ortiz, Grisel) |
| Filing 5 First MOTION for Extension of Time to File Complaint by Greenport Gardens, LLC. (Cullen, Michael) |
| Filing 4 Notice of Related Case indicated on the civil cover sheet in case number 19cv2330. (Rodin, Deanna) |
| Filing 3 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. (Rodin, Deanna) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court of County of Suffolk, case number 625088/2018. (Filing fee $400 receipt number ANYEDC-11405794) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (Leahey, Anne) Modified on 4/22/2019 (Rodin, Deanna). |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Arlene R. Lindsay. 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. (Rodin, Deanna) |
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