Aptive Environmental, LLC v. Village of East Rockaway, New York

Plaintiff: Aptive Environmental, LLC
Defendant: Village of East Rockaway, New York
Case Number: 2:2019cv03365
Filed: June 6, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Sandra J Feuerstein
Referring Judge: Steven I Locke
Nature of Suit: Civil Rights: Other
Cause of Action: 28:1391
Jury Demanded By: None

Docket Report

This docket was last retrieved on July 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2019 Set/Reset Hearings: Initial Conference set for 9/19/2019 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein as per #5 OTSC. (Tirado, Chelsea)
June 6, 2019 Opinion or Order Filing 5 ORDER TO SHOW CAUSE - IT IS on this 6th day of June, 2019, at 3:45PM, ORDERED, that Defendant, the Village of East Rockaway New York, show cause by filing papers and evidence in response to plaintiff's application and providing courtesy copies thereof to Chambers in accordance with Rule 3(c) of the undersigned's individual rules, by no later than 5PM on the 14th day of June, 2019, before the United States District Court for the Eastern District of New York, Hon. Sandra J. Feuerstein, at the E.D.N.Y. U.S. Courthouse, located at 100 Federal Plaza, Central Islip, New York, 11722, or as soon thereafter as counsel can be heard, why an Order shold not be entered; 1. Preliminarily enjoining and restraining Defendant from enforcement of Sections 171-16 and 171-18 the Village of East Rockaway; and 2. Granting Plaintiff such order and further relief as the Court deems equitable and just. It is FURTHER ORDERED that, 1. Pending further hearing and determination of this Order to Show Cause, Defendant and its agents, servants, employees, and entities acting in concert and participation with it, are temporarily enjoined and restrained from enforcement of Section 171-16 and 171-18 of the East Rockaway Code. 2. A Copy of this Order to Show Cause, Complaint, supporting affidavit, declaration or certifications, and Brief submitted in support of this application, together with a summons, shall be served upon Defendant by personal service or overnight mail on or before 5PM on 6/7/2019. 3. The Plaintiff must filed with the Court proof of service of pleadings on the Defendant no later than 3 days before the return date. 4. Defendant shall file and serve a written response to this Order to Show Cause as stated above. Plaintiff must serve and file any reply by 5PM on 6/19/2019 and send a courtesy copy of its papers directly to Judge Feuerstein's Chambers in accordance with Rule 3(c) of her individual rules. 5. Since Plaintiff alleges infringement of its First Amendment rights and there is little or no risk that defendant would suffer harm as a result of a TRO, the Court exercises its direction to waive the bond requirement of Fed. R. Civ. P. 65(c). 6. If Defendant does not file and serve an opposition to this Order to Snow Cause, the application will be decided as unopposed and relief may be granted by default, provided that Plaintiff files a proof of service and a proposed form of Order at least 3 days prior to the return date. 7. If Plaintiff has not already done so, a proposed form of Order addressing the relief sought on the return date (along with a self-addressed return envelope with return address and postage) must be submitted to the Court no later than 3 days before the return date. 8. An Initial Conference will be held before the undersigned on 9/19/2019 at 11:15Am. The parties shall appear with authority, or with individuals with authority to settle this matter. SO Ordered by Judge Sandra J. Feuerstein on 6/6/2019. (Tirado, Chelsea)
June 6, 2019 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)
June 6, 2019 Filing 3 Brief in Support re: #2 Proposed Order to Show Cause filed by Aptive Environmental, LLC. (Cox, Dwayne)
June 6, 2019 Filing 2 Proposed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Aptive Environmental, LLC (Cox, Dwayne)
June 6, 2019 FILING FEE: $ 400.00, receipt number 27852 (Cox, Dwayne)
June 6, 2019 Filing 1 COMPLAINT against Village of East Rockaway, New York Was the Disclosure Statement on Civil Cover Sheet completed -No,, 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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Plaintiff: Aptive Environmental, LLC
Represented By: Daniel Edwin DeCicco, I
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Defendant: Village of East Rockaway, New York
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