Leichter et al v. The Town of East Hampton et al
| MNZI LLC, Pamela Leichter and Anthony Leichter |
| Tim Brenneman, Denise Savarese, Ian Calder-Piedmonte, The Planning Board for the Town of East Hampton, Roy Dalene, New Cingular Wireless PCS, LLC d/b/a AT&T Mobility, John Whelan, Samuel Kramer, Theresa Berger, The Town of East Hampton, Sharon McCobb, Ed Krug, Joan Morgan McGivern, The Zoning Board of Appeals for the Town of East Hampton and New Cingular Wireless PCS, LLC doing business as AT&T Mobility |
| 2:2020cv02874 |
| June 29, 2020 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| Arlene R Lindsay |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 57 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiffs Anthony Leichter, Pamela Leichter, and MNZI LLC take nothing of Defendants Town of East Hampton, the Zoning Board of Appeals for the Town of East Hampton, John Whelan, Tim Brenneman, Denise Savarese, Roy Dalene, Joan Morgan McGivern, Theresa Berger, The Planning Board for the Town of East Hampton, Samuel Kramer, Sharon McCobb, Ian Calder-Piedmonte, Ed Krug, and New Cingular Wireless PCS, LLC; that Defendants' motions to dismiss for failure to state a claim are granted; and that this case is closed. Ordered by Clerk of Court on 7/29/2021. (Toritto, Jim) |
Filing 56
ORDER granting #42 Motion to Dismiss for Failure to State a Claim; granting #45 Motion to Dismiss for Failure to State a Claim: Defendants motions to dismiss for failure to state a claim are granted. The Clerk of Court is directed to enter judgment accordingly and to to close this case. See attached Memorandum & Order. Ordered by Judge Denis R. Hurley on 7/28/2021. (Gapinski, Michele)
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Filing 55
ORDER: The stipulation dismissing with prejudice the New York State claims for alleged violations of Art. 1 Secs. 6 and 9 of New York State Constitution is So Ordered. Ordered by Judge Denis R. Hurley on 12/3/2020. (Gapinski, Michele)
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| Filing 54 STIPULATION re #45 Notice of MOTION to Dismiss for Failure to State a Claim , #42 Notice of MOTION to Dismiss for Failure to State a Claim by Anthony Leichter, Pamela Leichter, MNZI LLC (Riva, Samuele) |
| Filing 53 REPLY in Support re #42 Notice of MOTION to Dismiss for Failure to State a Claim filed by Theresa Berger, Tim Brenneman, Ian Calder-Piedmonte, Roy Dalene, Samuel Kramer, Ed Krug, Sharon McCobb, Joan Morgan McGivern, Denise Savarese, The Planning Board for the Town of East Hampton, The Town of East Hampton, The Zoning Board of Appeals for the Town of East Hampton, John Whelan. (Sokoloff, Brian) |
| Filing 52 CERTIFICATE OF SERVICE by New Cingular Wireless PCS, LLC re #51 Reply in Support of Motion to Dismiss (Joseph, Andrew) |
| Filing 51 REPLY in Support re #48 Certificate of Service, #47 Memorandum in Support, #45 Notice of MOTION to Dismiss for Failure to State a Claim filed by New Cingular Wireless PCS, LLC. (Joseph, Andrew) |
| Filing 50 MEMORANDUM in Opposition re #45 Notice of MOTION to Dismiss for Failure to State a Claim , #42 Notice of MOTION to Dismiss for Failure to State a Claim filed by Theresa Berger, Tim Brenneman, Ian Calder-Piedmonte, Roy Dalene, Samuel Kramer, Ed Krug, Sharon McCobb, Joan Morgan McGivern, Denise Savarese, The Planning Board for the Town of East Hampton, The Town of East Hampton, The Zoning Board of Appeals for the Town of East Hampton, John Whelan. (Sokoloff, Brian) |
| Filing 49 AFFIDAVIT/DECLARATION in Opposition re #45 Notice of MOTION to Dismiss for Failure to State a Claim , #42 Notice of MOTION to Dismiss for Failure to State a Claim filed by Theresa Berger, Tim Brenneman, Ian Calder-Piedmonte, Roy Dalene, Samuel Kramer, Ed Krug, Sharon McCobb, Joan Morgan McGivern, Denise Savarese, The Planning Board for the Town of East Hampton, The Town of East Hampton, The Zoning Board of Appeals for the Town of East Hampton, John Whelan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Sokoloff, Brian) |
| Filing 48 CERTIFICATE OF SERVICE by New Cingular Wireless PCS, LLC re #47 Memorandum in Support, #45 Notice of MOTION to Dismiss for Failure to State a Claim , #46 Affidavit in Support of Motion, (Joseph, Andrew) |
| Filing 47 MEMORANDUM in Support re #45 Notice of MOTION to Dismiss for Failure to State a Claim , #46 Affidavit in Support of Motion, filed by New Cingular Wireless PCS, LLC. (Joseph, Andrew) |
| Filing 46 AFFIDAVIT/DECLARATION in Support re #45 Notice of MOTION to Dismiss for Failure to State a Claim filed by New Cingular Wireless PCS, 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) (Joseph, Andrew) |
| Filing 45 Notice of MOTION to Dismiss for Failure to State a Claim by New Cingular Wireless PCS, LLC. (Joseph, Andrew) |
| Filing 44 MEMORANDUM in Support re #42 Notice of MOTION to Dismiss for Failure to State a Claim filed by Theresa Berger, Tim Brenneman, Ian Calder-Piedmonte, Roy Dalene, Samuel Kramer, Ed Krug, Sharon McCobb, Joan Morgan McGivern, Denise Savarese, The Planning Board for the Town of East Hampton, The Town of East Hampton, The Zoning Board of Appeals for the Town of East Hampton, John Whelan. (Sokoloff, Brian) |
| Filing 43 AFFIDAVIT/DECLARATION in Support re #42 Notice of MOTION to Dismiss for Failure to State a Claim filed by Theresa Berger, Tim Brenneman, Ian Calder-Piedmonte, Roy Dalene, Samuel Kramer, Ed Krug, Sharon McCobb, Joan Morgan McGivern, Denise Savarese, The Planning Board for the Town of East Hampton, The Town of East Hampton, The Zoning Board of Appeals for the Town of East Hampton, John Whelan. (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 Exhibit J) (Sokoloff, Brian) |
| Filing 42 Notice of MOTION to Dismiss for Failure to State a Claim by Theresa Berger, Tim Brenneman, Ian Calder-Piedmonte, Roy Dalene, Samuel Kramer, Ed Krug, Sharon McCobb, Joan Morgan McGivern, Denise Savarese, The Planning Board for the Town of East Hampton, The Town of East Hampton, The Zoning Board of Appeals for the Town of East Hampton, John Whelan. (Sokoloff, Brian) |
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ORDER re #41 Letter filed by Anthony Leichter, MNZI LLC, Pamela Leichter: The application to exceed the page limit is granted. Ordered by Judge Denis R. Hurley on 10/2/2020. (Gapinski, Michele)
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| Filing 41 Letter seeking leave to file pages in excess of the Court's twenty-five (25) page limit by Anthony Leichter, Pamela Leichter, MNZI LLC (Riva, Samuele) |
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ORDER re #40 Letter filed by New Cingular Wireless PCS, LLC : The September 21, 2020 Order amending the briefing schedule applies to the motions of all defendants. Ordered by Judge Denis R. Hurley on 9/22/2020. (Gapinski, Michele)
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| Filing 40 Letter Requesting Confirmation Regarding Motion to Dismiss Briefing Schedule by New Cingular Wireless PCS, LLC (Joseph, Andrew) |
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ORDER re #39 Letter: The application is granted and the proposed revised briefing schedule So Ordered. Ordered by Judge Denis R. Hurley on 9/21/2020. (Gapinski, Michele)
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| Filing 39 Letter request (on consent) for one-week extension of time to file motions to dismiss by Theresa Berger, Tim Brenneman, Ian Calder-Piedmonte, Roy Dalene, Samuel Kramer, Ed Krug, Sharon McCobb, Joan Morgan McGivern, Denise Savarese, The Planning Board for the Town of East Hampton, The Town of East Hampton, The Zoning Board of Appeals for the Town of East Hampton, John Whelan (Sokoloff, Brian) |
| Filing 38 NOTICE of Appearance by Samuele Riva on behalf of Anthony Leichter, Pamela Leichter, MNZI LLC (aty to be noticed) (Riva, Samuele) |
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Minute Entry for proceedings held before Judge Denis R. Hurley: Pre Motion Conference held on 8/19/2020 with all parties on the line. The following briefing schedule was established for the proposed motions to dismiss: defendants shall serve, but not file, moving papers, on or before September 21, 2020; plaintiff shall serve, but not file, opposing papers, on or before October 21, 2020; defendants shall serve reply papers and file all papers with the Court, including a courtesy copy for Chambers, on or before November 4, 2020. The Court waived its page limitation for plaintiff's opposing papers. Lastly, it was confirmed that, in accordance with Fed. R. Civ. P. 12(a)(4) defendants' answer will be due, if the Court denies the motion, within 14 days after notice of the Court's action. So Ordered by Judge Denis R. Hurley. (Gapinski, Michele)
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SCHEDULING ORDER: The Court is in receipt of the various letters filed regarding proposed motions to dismiss by defendants. A telephone conference will be held in this matter on Wednesday, August 19, 2020 at 11:00 a.m. to discuss a briefing schedule for the proposed motions. The parties should call 888-273-3658 and enter access code 4660635. Ordered by Judge Denis R. Hurley on 8/13/2020. (Gapinski, Michele)
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| Filing 37 Letter to Judge Hurley asking Court to deem pre-motion letter [Docket Entry 31] to be on behalf of Defendant Denise Savarese by Theresa Berger, Tim Brenneman, Ian Calder-Piedmonte, Roy Dalene, Samuel Kramer, Ed Krug, Sharon McCobb, Joan Morgan McGivern, Denise Savarese, The Planning Board for the Town of East Hampton, The Town of East Hampton, The Zoning Board of Appeals for the Town of East Hampton, John Whelan (Sokoloff, Brian) |
| Filing 36 WAIVER OF SERVICE Returned Executed by Denise Savarese. Denise Savarese waiver sent on 8/3/2020, answer due 10/2/2020. (Sokoloff, Brian) |
| Filing 35 Letter to Court regarding Motion to Dismiss by New Cingular Wireless PCS, LLC (Joseph, Andrew) |
| Filing 34 Letter Response to Defendants' Letter Application (Document 31) seeking permission to file pre-answer motion to dismiss under Rule III(B) of Judge Hurley's Individual Practices by Anthony Leichter, Pamela Leichter, MNZI LLC (Campanelli, Andrew) |
| Filing 33 Letter to Judge Hurley asking Court to deem pre-motion letter [Docket Entry 31] to include request for newly represented defendants by Theresa Berger, Tim Brenneman, Ian Calder-Piedmonte, Roy Dalene, Samuel Kramer, Ed Krug, Sharon McCobb, Joan Morgan McGivern, The Planning Board for the Town of East Hampton, The Town of East Hampton, The Zoning Board of Appeals for the Town of East Hampton, John Whelan (Sokoloff, Brian) |
| Filing 32 NOTICE of Appearance by Brian S. Sokoloff on behalf of Ian Calder-Piedmonte, Roy Dalene, Samuel Kramer, Ed Krug, Sharon McCobb, Joan Morgan McGivern (aty to be noticed) (Sokoloff, Brian) |
| Motions terminated, docketed incorrectly: #31 Letter MOTION for Leave to File Document Seeking permission to file pre-answer motion to dismiss under Rule III(B) of Judge Hurley's Individual Practices filed by John Whelan, Theresa Berger, The Planning Board for the Town of East Hampton, The Zoning Board of Appeals for the Town of East Hampton, Tim Brenneman, The Town of East Hampton. (The document should have been filed as a "LETTER" application, and the Court will address the document as such. All corrections have been made). (Cubano, Jazmin) |
| Filing 31 Letter application Seeking permission to file pre-answer motion to dismiss under Rule III(B) of Judge Hurley's Individual Practices by Theresa Berger, Tim Brenneman, The Planning Board for the Town of East Hampton, The Town of East Hampton, The Zoning Board of Appeals for the Town of East Hampton, John Whelan. (Sokoloff, Brian) Modified on 7/31/2020 (Cubano, Jazmin). |
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ORDER #30 : The time for New Cingular Wireless PCS, LLC to answer, move or otherwise respond to the complaint is extended to and including August 19, 2020. Ordered by Magistrate Judge Arlene R. Lindsay on 7/29/2020. c/ecf (Imrie, Robert)
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| Filing 30 First MOTION for Extension of Time to File Answer Plaintiffs' Complaint by New Cingular Wireless PCS, LLC. (Joseph, Andrew) |
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Filing 29
ORDER re #13 Unsigned Order to Show Cause, filed by Anthony Leichter, MNZI LLC, Pamela Leichter : The Court declines to sign the proposed Order to Show Cause. See attached Order. Ordered by Judge Denis R. Hurley on 7/16/2020. (Gapinski, Michele)
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| Filing 28 NOTICE of Appearance by Chelsea Ella Weisbord on behalf of Theresa Berger, Tim Brenneman, The Planning Board for the Town of East Hampton, The Town of East Hampton, The Zoning Board of Appeals for the Town of East Hampton, John Whelan (aty to be noticed) (Weisbord, Chelsea) |
| Filing 27 SUMMONS Returned Executed by MNZI LLC, Pamela Leichter, Anthony Leichter. New Cingular Wireless PCS, LLC served on 7/8/2020, answer due 7/29/2020. (Campanelli, Andrew) |
| Filing 26 SUMMONS Returned Executed by MNZI LLC, Pamela Leichter, Anthony Leichter. Ed Krug served on 7/8/2020, answer due 7/29/2020. (Campanelli, Andrew) |
| Filing 25 SUMMONS Returned Executed by MNZI LLC, Pamela Leichter, Anthony Leichter. Ian Calder-Piedmonte served on 7/8/2020, answer due 7/29/2020. (Campanelli, Andrew) |
| Filing 24 SUMMONS Returned Executed by MNZI LLC, Pamela Leichter, Anthony Leichter. Sharon McCobb served on 7/8/2020, answer due 7/29/2020. (Campanelli, Andrew) |
| Filing 23 SUMMONS Returned Executed by MNZI LLC, Pamela Leichter, Anthony Leichter. Samuel Kramer served on 7/8/2020, answer due 7/29/2020. (Campanelli, Andrew) |
| Filing 22 SUMMONS Returned Executed by MNZI LLC, Pamela Leichter, Anthony Leichter. Theresa Berger served on 7/8/2020, answer due 7/29/2020. (Campanelli, Andrew) |
| Filing 21 SUMMONS Returned Executed by MNZI LLC, Pamela Leichter, Anthony Leichter. Joan Morgan McGivern served on 7/8/2020, answer due 7/29/2020. (Campanelli, Andrew) |
| Filing 20 SUMMONS Returned Executed by MNZI LLC, Pamela Leichter, Anthony Leichter. Roy Dalene served on 7/8/2020, answer due 7/29/2020. (Campanelli, Andrew) |
| Filing 19 SUMMONS Returned Executed by MNZI LLC, Pamela Leichter, Anthony Leichter. Denise Savarese served on 7/8/2020, answer due 7/29/2020. (Campanelli, Andrew) |
| Filing 18 SUMMONS Returned Executed by MNZI LLC, Pamela Leichter, Anthony Leichter. Tim Brenneman served on 7/8/2020, answer due 7/29/2020. (Campanelli, Andrew) |
| Filing 17 SUMMONS Returned Executed by MNZI LLC, Pamela Leichter, Anthony Leichter. John Whelan served on 7/8/2020, answer due 7/29/2020. (Campanelli, Andrew) |
| Filing 16 SUMMONS Returned Executed by MNZI LLC, Pamela Leichter, Anthony Leichter. The Planning Board for the Town of East Hampton served on 7/8/2020, answer due 7/29/2020. (Campanelli, Andrew) |
| Filing 15 SUMMONS Returned Executed by MNZI LLC, Pamela Leichter, Anthony Leichter. The Zoning Board of Appeals for the Town of East Hampton served on 7/8/2020, answer due 7/29/2020. (Campanelli, Andrew) |
| Filing 14 SUMMONS Returned Executed by MNZI LLC, Pamela Leichter, Anthony Leichter. The Town of East Hampton served on 7/8/2020, answer due 7/29/2020. (Campanelli, Andrew) |
| Filing 13 Unsigned Order to Show Cause (Proposed Order to Show Cause with Temporary Restraining Order) by Anthony Leichter, Pamela Leichter, MNZI LLC (Attachments: #1 Affidavit of Good Faith, #2 Affidavit in Support by Plaintiff, #3 Declaration, #4 Exhibit A - Verified Complaint, #5 Exhibit B - Photos, #6 Exhibit C - Article 78 Verified Petitions, #7 Exhibit D - Jan. 8, 2020 Planning Board Meeting Transcript, #8 Exhibit E - E-mails to Defendants' Counsels, #9 Exhibit F - Letter from Suffolk County Clerk, #10 Exhibit G - Notice of Presentation of this OTSC) (Campanelli, Andrew) |
| Filing 12 NOTICE of Appearance by Brian S. Sokoloff on behalf of Theresa Berger, Tim Brenneman, John Whelan (aty to be noticed) (Sokoloff, Brian) |
| Filing 11 Letter responding to Plaintiff's letter to the Court [Docket Entry No. 6] by The Planning Board for the Town of East Hampton, The Town of East Hampton, The Zoning Board of Appeals for the Town of East Hampton (Sokoloff, Brian) |
| Filing 10 NOTICE of Appearance by Brian S. Sokoloff on behalf of The Planning Board for the Town of East Hampton, The Town of East Hampton, The Zoning Board of Appeals for the Town of East Hampton (aty to be noticed) (Sokoloff, Brian) |
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ORDER re [7, 9]: If Plaintiffs wish to present a motion for a TRO, they should do so by way of an appropriate proposed order to show cause, with supporting papers. Given the letter filed by defendant New Cingular Wireless PCS, the Court will set the matter down for a telephone conference if and when a proposed Order to Show Cause is filed. Ordered by Judge Denis R. Hurley on 7/8/2020. (Gapinski, Michele)
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| Filing 9 REPLY in Opposition Plaintiffs' Emergency Motion for pre conference seeking leave to file for injunctive relief filed by New Cingular Wireless PCS, LLC. (Joseph, Andrew) |
| Filing 8 NOTICE of Appearance by Andrew B. Joseph on behalf of New Cingular Wireless PCS, LLC (aty to be noticed) (Attachments: #1 Certificate of Service) (Joseph, Andrew) |
| Filing 7 AFFIDAVIT/AFFIRMATION re #1 Complaint,,, Attorney Verification by Anthony Leichter, Pamela Leichter, MNZI LLC (Campanelli, Andrew) |
| Motions terminated, docketed incorrectly: #6 Emergency MOTION for pre motion conference seeking leave to file for immediate injunctive relief filed by Anthony Leichter, MNZI LLC, Pamela Leichter. The document should have been filed as a LETTER application, and the Court will address the document as such. All corrections have been made. (Cubano, Jazmin) |
| Filing 6 Emergency letter application for pre motion conference seeking leave to file for immediate injunctive relief by Anthony Leichter, Pamela Leichter, MNZI LLC. (Attachments: #1 Exhibit A - Photos, #2 Affidavit of Service B - Affidavit of Service upon Opposing Counsel) (Campanelli, Andrew) Modified on 7/31/2020 (Cubano, Jazmin). |
| Filing 5 Summons Issued as to All Defendants. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons) (Landow, Concetta) |
| 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. (Landow, Concetta) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Filing 2 Corporate Disclosure Statement by MNZI LLC identifying Other Affiliate Canbrick LTD, Other Affiliate Venture Quest Corp. for MNZI LLC. (Campanelli, Andrew) |
| Case Assigned to Judge Denis R. Hurley 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. (Landow, Concetta) |
| Filing 1 COMPLAINT (Verified) with Jury Trial Demanded against All Defendants filing fee $ 400, receipt number ANYEDC-12992355 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by MNZI LLC, Pamela Leichter, Anthony Leichter. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Town of East Hampton, #3 Proposed Summons ZBA of East Hampton, #4 Proposed Summons Whelan, #5 Proposed Summons Brenneman, #6 Proposed Summons Savarese, #7 Proposed Summons Dalene, #8 Proposed Summons McGivern, #9 Proposed Summons Berger, #10 Proposed Summons Planning Board for East Hampton, #11 Proposed Summons Kramer, #12 Proposed Summons McCobb, #13 Proposed Summons Calder-Piedmonte, #14 Proposed Summons Krug, #15 Proposed Summons New Cingular Wireless) (Campanelli, Andrew) |
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