Jurist, et al v. The Long Island Power Authority, et al
| In the matter of the Application of Herbert H, Jurist, Susan Johnson, Lawrence Ryan, Donald Powers, Alena Walters, Linda Jurist, Robert Slawski, Marie Ryan, and Steve Walter, Donald Powers, Herbert H. Jurist, Linda Jurist, Marie Ryan, Lawrence Ryan, Susan Johnson, Alena Walters, Steve Walter and Robert Slawski |
| The Power Authority of the State of New York, The New York State Department of Environmental Conservation, The New York State Office of Parks Recreation and Historic Preservation, Erik Kulleseid, The New York State Department of State, The Long Island Power Authority, The New York State Energy Research and Development Authority, Basil Segos, The Bureau of Ocean Energy Management and Basil Seggos |
| 2:2019cv03762 |
| June 27, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Margo K Brodie |
| Gary R Brown |
| Sandra J Feuerstein |
| Other Statutory Actions |
| 28 U.S.C. § 1346 Tort Claim |
| None |
Docket Report
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| Filing 39 Letter dated August 21, 2019 from Herbert Jurist, Alena Walters, Robert Slawski, Susan Johnson, Linda Jurist and Steve Walter to Magistrate Bloom, advising that plaintiffs do not wish to withdraw or dismiss any claims against BOEM or against other parties. (Piper, Francine) |
| Filing 38 CERTIFICATE OF SERVICE via Fed-Ex upon pro se Steve Walter, re: Judge Margo K. Brodie's Electronic Order issued on 8/22/2019. Fed-Ex Tracking #(s) 8088 8129 5585. (Latka-Mucha, Wieslawa) |
| Filing 37 CERTIFICATE OF SERVICE via Fed-Ex upon pro se Marie Ryan, re: Judge Margo K. Brodie's Electronic Order issued on 8/22/2019. Fed-Ex Tracking #(s) 8088 8129 5574. (Latka-Mucha, Wieslawa) |
| Filing 35 CERTIFICATE OF SERVICE via Fed-Ex upon pro se Alena Walters, re: Judge Margo K. Brodie's Electronic Order issued on 8/22/2019. Fed-Ex Tracking #(s) 8088 8129 5552. (Latka-Mucha, Wieslawa) |
| Filing 34 CERTIFICATE OF SERVICE via Fed-Ex upon pro se Linda Jurist, re: Judge Margo K. Brodie's Electronic Order issued on 8/22/2019. Fed-Ex Tracking #(s) 8088 8129 5541. (Latka-Mucha, Wieslawa) |
| Filing 33 CERTIFICATE OF SERVICE via Fed-Ex upon pro se Donald Powers, re: Judge Margo K. Brodie's Electronic Order issued on 8/22/2019. Fed-Ex Tracking #(s) 8088 8129 5530. (Latka-Mucha, Wieslawa) |
| Filing 32 CERTIFICATE OF SERVICE via Fed-Ex upon pro se Lawrence Ryan, re: Judge Margo K. Brodie's Electronic Order issued on 8/22/2019. Fed-Ex Tracking #(s) 8088 8129 5520. (Latka-Mucha, Wieslawa) |
| Filing 31 CERTIFICATE OF SERVICE via Fed-Ex upon pro se Susan Johnson, re: Judge Margo K. Brodie's Electronic Order issued on 8/22/2019. Fed-Ex Tracking #(s) 8088 8129 5519. (Latka-Mucha, Wieslawa) |
| Filing 30 CERTIFICATE OF SERVICE via Fed-Ex upon pro se Herbert H. Jurist, re: Judge Margo K. Brodie's Electronic Order issued on 8/22/2019. Fed-Ex Tracking #(s) 8088 8129 5508. (Latka-Mucha, Wieslawa) |
ORDER granting #25 Letter dated 8/12/2019 from pro se Marie Ryan and pro se Lawrence Ryan, stating that they voluntarily discontinue their claims against defendant Bureau of Ocean Energy Management. Marie Ryan and Lawrence Ryan are terminated from this case.Ordered by Judge Margo K. Brodie on 8/22/2019. (Obanor, Dorielle)
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| Filing 28 CERTIFICATE OF SERVICE by The Bureau of Ocean Energy Management re #27 Scheduling Order,,,,,, (Lestelle, Evan) |
| Filing 29 CERTIFICATE OF SERVICE by Alena Walters, Re: Statement of Plaintiffs' Non-Unanimity to discontinue against BOEM and Accompanying Memorandum of Law to be sent by first class mail to the following recipients at the following addresses on August 14, 2019. Joyce E. Kung and Adam Stolorow, Attorneys for the Long Island Power Authority at Sive, Paget & Riesel 560 Lexington Ave. New York, NY 10022 Elizabeth Morgan, counsel for PARKS, NYS DEC, NYSERDA, NYS DOS, Basil Seggos, and Erik Kulleseid New York State Office of the Attorney General 200 Old Country Rd #240 Mineola, NY 11501 Eileen Flynn, counsel for NYPA New York Power Authority 123 Main St. White Plains, NY 10601 Richard P. Donoghue, United States Attorney EDNY, counsel for BOEM 610 Federal Plaza 5'*' Floor Central Islip, NY 11722 US Attorney General of the United States US Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530-01 The Jurists 597 Nassau Ave Freeport, NY 11520 Susan Johnson 165-03 Grand Central Parkway Jamaica, NY 11432 Donald Powers 1083 Merrick Avenue Merrick, NY 11566 Robert Slawski 217 Mariners Way Copaigue, NY 11726 Steve Walter 69-21 Springfield Blvd. Bayside,NY 11364 (Piper, Francine) |
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Filing 27
ORDER: As set forth in the attached Order, the Court hereby extends plaintiffs' time to withdraw their claims against BOEM. In light of plaintiffs' pro se status, the Court directs counsel for BOEM to prepare a simple one sentence stipulation voluntarily discontinuing plaintiffs' claims solely against BOEM without prejudice to plaintiffs proceeding against the other named defendants. Counsel for BOEM shall send a copy of the stipulation to each named plaintiff by August 23, 2019 with a self-addressed return envelope to BOEM's counsel. If they consent, plaintiffs shall sign the stipulation and return it to BOEM's counsel by September 6, 2019. BOEM's counsel shall electronically file the stipulations as one document by September 9, 2019. Should plaintiffs voluntarily discontinue their claims against BOEM, the State Defendants, the New York State Power Authority, and the Long Island Power Authority have stated on the record that they would consent to remand the action to state court. Should plaintiffs voluntarily discontinue against BOEM, this case shall be remanded to state court on consent of the parties. If the stipulation discontinuing the case is not filed by September 9, 2019, plaintiffs shall properly serve BOEM pursuant to Federal Rule of Civil Procedure 4(i) by September 16, 2019 and shall file proof of service forthwith. See ECF No. 24. If the stipulation is not filed by September 9, 2019, the Court shall address plaintiffs' motion to remand. ECF No. 9. See attached Order. C/mailed to pro se plaintiffs via Fed-Ex. Ordered by Magistrate Judge Lois Bloom on 8/16/2019. (Panjini, Madhura)
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| Filing 26 Memorandum of Law On Removal Considerations, Accompanying Petitioner-Plaintiff's Statement of Non-Unamity to Voluntarily Discontinue Against BOEM filed by Alena Walters. (Piper, Francine) |
| Filing 24 Letter regarding service of process, submitted in response to the Court's directive at the August 6, 2019 conference by The Bureau of Ocean Energy Management (Lestelle, Evan) |
| Filing 25 Letter dated 8/12/2019 to Judge Lois Bloom from pro se Marie Ryan and pro se Lawrence Ryan, stating that they voluntarily discontinue their claims against defendant Bureau of Ocean Energy Management and would like to be informed as to the status of the remaining plaintiffs' decisions. (Latka-Mucha, Wieslawa) |
| Filing 23 CERTIFICATE OF SERVICE by The Bureau of Ocean Energy Management re #22 Order on Motion for Extension of Time to Answer,,,,,, Order on Motion to Appear by Telephone,,,,,,,,,,, (Lestelle, Evan) |
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Filing 22
ORDER: As set forth in the attached Order, the Court held the initial conference in this case on August 6, 2019. This case was removed from the Supreme Court of the State of New York, County of Nassau by the United States Attorney for the Eastern District of New York. As discussed on the record, plaintiffs shall file a letter by August 13, 2019 stating whether they voluntarily discontinue their claims against defendant Bureau of Ocean Energy Management. All plaintiffs proceeding in this case must sign the letter.Should plaintiffs voluntarily discontinue their claims against the Bureau of Ocean Energy Management, the only federal defendant named herein, counsel for the State Defendants, the New York State Power Authority, and the Long Island Power Authority stated on the record that they would consent to remand the action to state court. Accordingly, should plaintiffs voluntarily discontinue against the Bureau of Ocean Energy Management, this case would be remanded to state court on consent of the parties.Defendants' responses to plaintiffs complaint are stayed until August 13, 2019. See attached Order. C/mailed to pro se plaintiffs via FedEx. Ordered by Magistrate Judge Lois Bloom on 8/6/2019. (Panjini, Madhura)
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| Filing 21 Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Initial Conference Hearing held on 8/6/2019 (FTR Log #11:39-12:36.) (Panjini, Madhura) |
| Filing 20 NOTICE of Appearance by Eileen P. Flynn on behalf of The Power Authority of the State of New York (aty to be noticed) (Flynn, Eileen) |
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ORDER REFERRING MOTION: Plaintiffs' #9 MOTION to Remand to State Court is respectfully referred to Magistrate Judge Lois Bloom for a report and recommendation. Ordered by Judge Margo K. Brodie on 8/5/2019.(Obanor, Dorielle)
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| Filing 19 MOTION to Appear by Telephone / Letter from pro se Linda Jurist and Herbert Jurist, stating that plaintiffs "are responding to the motion to remand the case to the Nassau County Supreme Court" and they "cannot attend the in-person conference planned for August 6, 2019 @ 11:30 a.m. due to great and almost impossible hardships because of age and medical issues." (Latka-Mucha, Wieslawa) Modified. |
| Filing 18 MOTION to Appear by Telephone / Letter dated 7/28/2019 from pro se Susan Johnson, advising that due to difficulties resulting from health and age related issued, the undersigned is unable to attend the conference scheduled for August 6, 2019 at 11:30 a.m. (Latka-Mucha, Wieslawa) Modified. |
| Filing 17 Letter dated July 31, 2019 from Alena Walters to Magistrate Bloom, requesting fairness in setting the time reply to answer. (Attachments: #1 Mailing Envelope) (Piper, Francine) |
| Filing 16 MEMORANDUM in Opposition re #9 MOTION to Remand to State Court filed by The Bureau of Ocean Energy Management. (Lestelle, Evan) |
| Filing 15 RESPONSE to Motion re #9 MOTION to Remand to State Court filed by Erik Kulleseid, Basil Seggos, The New York State Department of Environmental Conservation, The New York State Department of State, The New York State Energy Research and Development Authority, The New York State Office of Parks Recreation and Historic Preservation. (Morgan, Elizabeth) |
| Filing 14 NOTICE of Appearance by Evan Pays Lestelle on behalf of The Bureau of Ocean Energy Management (aty to be noticed) (Lestelle, Evan) |
| Filing 13 CERTIFICATE OF SERVICE by The Bureau of Ocean Energy Management re #12 Scheduling Order,,,, (Knapp, James) |
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Filing 12
ORDER: As set forth in the attached Order, Ms. Walters alleges that the removal was improper and requests that the Court remand the case to the Nassau County Supreme Court. Ms. Walters's letter, ECF No. #9 , should be designated as a motion to remand. Defendants shall respond to the motion to remand by July 31, 2019.The Court shall hold a conference in this case on August 6, 2019 at 11:30 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All parties shall appear for the in-person conference.Defendants' responses to plaintiffs' complaint are stayed until the August 6, 2019 conference. Plaintiffs shall file proof of service of the summons and state court complaint on defendants by July 31, 2019. Defendant Bureau of Ocean Energy Management shall serve a copy of this Order on plaintiffs and file proof of service forthwith. See attached Order. C/mailed to pro se plaintiffs via first class mail. Ordered by Magistrate Judge Lois Bloom on 7/23/2019. (Panjini, Madhura) Modified.
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| Filing 11 NOTICE of Appearance by Joyce E. Kung on behalf of The Long Island Power Authority (aty to be noticed) (Kung, Joyce) |
| Filing 10 NOTICE of Appearance by Adam Micheal Stolorow on behalf of The Long Island Power Authority (aty to be noticed) (Stolorow, Adam) |
| Filing 8 Letter dated July 9, 2019 from Alena Waters to Clerk's Office, requesting to enter the filed letter opposing removal on the docket. (Attachments: #1 Exhibit A and B) (Piper, Francine) (Additional attachment(s) added on 7/17/2019: #2 Mailing Envelope) (Piper, Francine). |
| Filing 9 MOTION to Remand to State Court / Letter Opposing "Amended" Removal to Federal Court filed by Alena Walters (Piper, Francine) Modified. (See Judge Lois Bloom's #12 Order issued on 7/23/2019.) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Margo K. Brodie and Magistrate Judge Lois Bloom for all further proceedings. Judge Sandra J. Feuerstein, Magistrate Judge Gary R. Brown 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 7/9/2019. Motions referred to Lois Bloom. (Davis, Kimberly)
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| Filing 7 *AMENDED* NOTICE OF REMOVAL by The Bureau of Ocean Energy Management from Supreme Court of the State of NY, County of Nassau, case number 607512/2019. Disclosure Statement on Civil Cover Sheet completed -No. (Tirado, Chelsea) |
| Filing 6 Supplemental Letter re #5 Letter Opposing Removal by Alena Walters. (Tirado, Chelsea) |
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Electronic ORDER: The conference scheduled for 9/12/19 is adjourned without date. Counsel for the NY Defendants is directed to serve a copy of this electronic order on plaintiffs and to file proof of such service with the Court. Ordered by Judge Sandra J. Feuerstein on 7/9/2019. (Disbrow, Sandra)
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| Filing 4 First MOTION for Extension of Time to File Answer by Erik Kulleseid, Basil Segos, The New York State Department of Environmental Conservation, The New York State Department of State, The New York State Energy Research and Development Authority, The New York State Office of Parks Recreation and Historic Preservation. (Morgan, Elizabeth) |
| Filing 5 Letter Opposing Removal by Alena Walters. (Tirado, Chelsea) |
| Filing 3 CERTIFICATE OF SERVICE by The Bureau of Ocean Energy Management re Notice of Hearing, (Knapp, James) |
| NOTICE of Hearing: Initial Conference set for 9/12/2019 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Federal Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. The parties shall appear with authority, or with individuals with authority, to settle this matter. Plaintiff(s) shall serve a copy of this Notice of Hearing upon Defendant(s) and file proof of such service with the Court. c/ECF (Killigrew, Patricia) |
| Filing 2 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) |
| Filing 1 NOTICE OF REMOVAL by The Bureau of Ocean Energy Management from Supreme Court of the State of NY, County of Nassau, case number 607512/2019. Disclosure Statement on Civil Cover Sheet completed -No, (Attachments: #1 Verified Petition and Complaint, #2 Notice of Petition and Summons, #3 Amended Notice of Petition and Summons, #4 Civil Cover Sheet) (Cox, Dwayne) |
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