Aptive Environmental, LLC v. Village of East Rockaway, New York
| Aptive Environmental, LLC |
| Village of East Rockaway, New York |
| 2:2019cv03365 |
| June 6, 2019 |
| US District Court for the Eastern District of New York |
| Sandra J Feuerstein |
| Steven I Locke |
| Civil Rights: Other |
| 28 U.S.C. § 1391 Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.
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Filing 26
NOTICE of Appearance by Jonathan David Kelley on behalf of Aptive Environmental, LLC (aty to be noticed) (Kelley, Jonathan)
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Filing 25
NOTICE of Appearance by Jeremy A Fielding on behalf of Aptive Environmental, LLC (aty to be noticed) (Fielding, Jeremy)
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Electronic ORDER granting DEs #18 , #19 Motions for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorneys shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. The Court notes that it has reviewed Defendant's opposition to the motions, DE #21 , and concludes that it is without merit. Ordered by Magistrate Judge Steven I. Locke on 7/19/2019. (Kantor, Jesse)
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Filing 24
PRELIMINARY INJUNCTION OPINION & ORDER - For the reasons set forth above, plaintiff's application for a preliminary injunction is GRANTED and the Village, its agents, servants, employees, attorneys, and all others in active concert or participation with it, is preliminarily enjoined and restrained from enforcing Sections 171-14, 171-16 and 171-18 of the Village Code pending the final determination of this action or further order of this Court, except that it may restrict all door-to-door solicitations in the Village "before the hour of 9AM of any day or after dusk of any day, except upon the invitation of the householder or occupant." Since plaintiff alleges infringement of fundamental constitutional rights, and the Village has not identified any harm it would suffer as a result of the preliminary injunction, the Court exercises its discretion to waive the security required by Fed. R. Civ. P. 65(c). SO Ordered by Judge Sandra J. Feuerstein on 7/16/2019. (Tirado, Chelsea)
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Filing 23
Defendant Village of East Rockaway's VERIFIED ANSWER to #12 Amended Complaint, dated July 11, 2019 by Village of East Rockaway, New York. (Ryan, John)
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Filing 22
REPLY in Support re #19 MOTION to Appear Pro Hac Vice Jon Kelley Filing fee $ 150, receipt number ANYEDC-11626264., #18 MOTION to Appear Pro Hac Vice Jeremy Fielding Filing fee $ 150, receipt number ANYEDC-11626203. filed by Aptive Environmental, LLC. (Attachments: #1 Exhibit) (DeCicco, Daniel)
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Filing 21
AFFIDAVIT/DECLARATION in Opposition re #19 MOTION to Appear Pro Hac Vice Jon Kelley Filing fee $ 150, receipt number ANYEDC-11626264., #18 MOTION to Appear Pro Hac Vice Jeremy Fielding Filing fee $ 150, receipt number ANYEDC-11626203. Opposing Counselor's Kelley and Fielding's admission Pro Hac Vice, filed by Village of East Rockaway, New York. (Ryan, John)
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Filing 20
REPLY in Support re #14 Order on Motion for TRO,,,,,,,,,,, filed by Aptive Environmental, LLC. (DeCicco, Daniel)
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Filing 19
MOTION to Appear Pro Hac Vice Jon Kelley Filing fee $ 150, receipt number ANYEDC-11626264. by Aptive Environmental, LLC. (Attachments: #1 Exhibit, #2 Exhibit) (DeCicco, Daniel)
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Filing 18
MOTION to Appear Pro Hac Vice Jeremy Fielding Filing fee $ 150, receipt number ANYEDC-11626203. by Aptive Environmental, LLC. (Attachments: #1 Exhibit, #2 Exhibit) (DeCicco, Daniel)
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Filing 17
AFFIDAVIT/AFFIRMATION re #14 Order on Motion for TRO,,,,,,,,,,, Affirmation of Service by Aptive Environmental, LLC (DeCicco, Daniel)
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Filing 16
RESPONSE TO ORDER TO SHOW CAUSE by Village of East Rockaway, New York (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G, #8 Exhibit Ex. H, #9 Exhibit Ex. I, #10 Exhibit Ex. J, #11 Exhibit Ex. K, #12 Exhibit Ex. L, #13 Memorandum in Opposition Memorandum of Law in Opposition) (Ryan, John)
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Filing 14
ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION re: #13 Amended Motion - IT IS on this 14th day of June, 2019, at 8:43AM, ORDERED that Defendant, the Village of East Rockaway, New York, show cause by filing papers and evidence in response to plaintiffs' application by 5PM on the 26th 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 should not be entered; 1. Preliminary enjoining and restraining Defendant from enforcement of the Village of East Rockaway Code Sections 171-14, 171-16 and 171-18; and 2. Granting Plaintiff such other and further relief as the Court deems equitable and just. It is FURTHER ORDERED that, 1. Pending further hearing on 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 Village of East Rockaway Code Sections 171-14, 171-16 and 171-18. 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 6/14/2019. 3. The Plaintiff must file with the Court proof of service of pleadings on the Defendant no later than3 days before the return date. 4. Defendant shall file and serve a written response to this Order to Show Cause and proof of service by 5PM on 6/26/2019, and must send a courtesy copy of its opposition papers directly to Judge Feuerstein, whose address is: 1014 Federal Plaza, Central Islip, New York, 11722. 5. Plaintiff must file and serve any written reply to Defendant's opposition to the Order to Show Cause by 5PM on 7/3/2019. A courtesy copy of the reply papers must be sent directly to the chambers of Judge Feuerstein. 6. If Defendant does not file and serve an opposition to this Order to Show 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. Since Plaintiff alleges infringement of fundamental constitutional rights, and defendant has not identified any harm it would suffer as a result of the TRO, the Court exercises its discretion to waive the security required by Fed. R. Civ. P. 65(c). SO Ordered by Judge Sandra J. Feuerstein on 6/14/2019. (Tirado, Chelsea)
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Filing 15
Minute Entry for proceedings held on 6/12/2019 before Judge Sandra J. Feuerstein: Civil Cause for Initial Conference. Counsel for Plaintiff: Jeremy Fielding. Counsel for Defendant: John Ryan. Case called. Opposition to be served by 6/26/2019. Reply and fully briefed motion to be served and filed by 7/3/2019. (Tirado, Chelsea)
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Filing 13
Amended MOTION for Temporary Restraining Order [Proposed Order to Show Cause by Aptive Environmental, LLC. (Attachments: #1 Memorandum in Support) (DeCicco, Daniel)
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Filing 12
AMENDED COMPLAINT against Village of East Rockaway, New York, filed by Aptive Environmental, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit) (DeCicco, Daniel)
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ORDER re Order on Motion for Hearing: Mr. Ryan may appear by telephone for the hearing, provided that he initiate a conference call with Mr. Fielding and contact the Court at (631) 712-5630. Ordered by Judge Sandra J. Feuerstein on 6/12/2019. c/ECF (Adell, April)
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Motions terminated as per chambers request, docketed incorrectly. This is not a motion, it's a letter in response to the 6/11/2019 Order granting leave to appear by telephone. All corrections will be made by the Clerk of Court: #11 MOTION for Hearing re Order on Motion for Hearing,,, filed by Aptive Environmental, LLC. (Tirado, Chelsea)
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Filing 11
LETTER re Order on Motion for Hearing,,, by Aptive Environmental, LLC. (DeCicco, Daniel) Modified docket entry from motion to letter on 6/12/2019 (Tirado, Chelsea).
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Filing 10
Summons Issued as to Village of East Rockaway, New York. (Tirado, Chelsea)
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ORDER granting #8 Motion for Hearing; granting #9 Motion for Hearing: The applications are granted to the extent that Mr. Fielding may appear by telephone for the hearing, provided that he file a letter indicating the telephone number at which he can be reached for the conference by no later than 5:00 PM today. Ordered by Judge Sandra J. Feuerstein on 6/11/2019. c/ECF (Adell, April)
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Filing 9
MOTION for Hearing re Order on Motion for Hearing, by Aptive Environmental, LLC. (DeCicco, Daniel)
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Filing 8
MOTION for Hearing re Order on Motion for Hearing, by Aptive Environmental, LLC. (DeCicco, Daniel)
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ORDER granting #7 Motion for Hearing: The Motion is granted to the extent that a Status Conference is scheduled for June 12, 2019 at 11:15 a.m. (in-person, Courtroom 1010 of the Central Islip Federal Courthouse). The Defendant Village is to serve Plaintiff with a copy of this Order and file proof of said service. Ordered by Judge Sandra J. Feuerstein on 6/10/2019. c/ECF (Killigrew, Patricia)
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Filing 7
Letter MOTION *corrected* to Hon. Sandra J. Feuerstein requesting conference by Village of East Rockaway, New York (Ryan, John) Modified docket entry from letter to motion on 6/10/2019 (Tirado, Chelsea).
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Filing 6
Letter to Hon. Sandra J. Feuerstein requesting conference by Village of East Rockaway, New York (Ryan, John)
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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)
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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)
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Filing 3
Brief in Support re: #2 Proposed Order to Show Cause filed by Aptive Environmental, LLC. (Cox, Dwayne)
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Filing 2
Proposed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Aptive Environmental, LLC (Cox, Dwayne)
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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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FILING FEE: $ 400.00, receipt number 27852 (Cox, Dwayne)
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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)
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| Plaintiff: Aptive Environmental, LLC | |
| Represented By: | Daniel Edwin DeCicco, I |
| Represented By: | Jeremy A Fielding |
| Represented By: | Jonathan David Kelley |
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| Defendant: Village of East Rockaway, New York | |
| Represented By: | John E. Ryan |
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