New Cingular Wireless PCS, LLC v. The Planning Board of the Town of East Hampton et al
| New Cingular Wireless PCS, LLC d/b/a AT&T Mobility and New Cingular Wireless PCS, LLC doing business as AT&T Mobility |
| The Town of East Hampton, The Town of East Hampton Building Department, The Planning Board of the Town of East Hampton and The Town of East Hampton Architectural Review Board |
| Peter Corbett |
| 2:2020cv03555 |
| August 6, 2020 |
| US District Court for the Eastern District of New York |
| Steven I Locke |
| Joanna Seybert |
| Anne Y Shields |
| A Kathleen Tomlinson |
| James M Wicks |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed Question: Fed Communications Act of 1 |
| None |
Docket Report
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This docket was last retrieved on August 30, 2023. A more recent docket listing may be available from PACER.
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Filing 52
MEMORANDUM & ORDER denying #40 Motion to Intervene; adopting in part Report and Recommendation as to #46 Report and Recommendation. For the stated reasons, Plaintiff's objection that the Proposed Intervenors lack an interest in the property or transaction that is the subject of the action is SUSTAINED. Likewise, the Court finds that allowing permissive intervention in this case would be prejudicial to the original parties and risks causing undue delay. Consequently, Plaintiff's objections are SUSTAINED, the R&R is REJECTED in part, with the Court adopting the factual and procedural backgrounds articulated in the R&R, and the Proposed Intervenors' Motion to Intervene (ECF No. 40) is DENIED. So Ordered by Judge Joanna Seybert on 8/30/2023. (CV)
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Filing 51
Letter with Supplemental Authority by New Cingular Wireless PCS, LLC (Attachments: #1 Exhibit Extenet Systems LLC v. Village of Kings Point) (Joseph, Andrew)
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Filing 50
REPLY in Opposition to Objection to Report and Recommendation filed by Peter Corbett. (Campanelli, Andrew)
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Filing 49
Letter MOTION for Extension of Time to File Response to Objection by Peter Corbett. (Smyth, Jean)
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ELECTRONIC ORDER granting #49 Motion for Extension of Time to File. Based upon the representations made in their motion, the proposed intervenors' request for an extension of time to respond to the existing parties' objections to the Report & Recommendation of Magistrate Judge Locke is GRANTED. As such, on or before January 13, 2023, the proposed intervenors shall file their response to the existing parties' objections. Ordered by Judge Joanna Seybert on 1/4/2023. (LWC)
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Filing 48
OBJECTION to #46 Report and Recommendations filed by All Defendants. (Scahill, Francis)
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Filing 47
MEMORANDUM in Support re #46 REPORT AND RECOMMENDATIONS re #40 MOTION to Intervene filed by Peter Corbett filed by New Cingular Wireless PCS, LLC. (Joseph, Andrew)
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Filing 46
REPORT AND RECOMMENDATION re DE #40 MOTION to Intervene. For the reasons set forth in the attached Report and Recommendation, the Court respectfully recommends granting the Proposed Intervenors' Motion to intervene as of right, or in the alternative for permissive intervention. Objections to the R&R are due by 12/15/2022. Entered by Magistrate Judge Steven I. Locke on 12/1/2022. (LP)
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Filing 45
ORDER OF RECUSAL: Magistrate Judge James M. Wicks recused. Case reassigned to Magistrate Judge Steven I. Locke for all further proceedings. So Ordered by Magistrate Judge James M. Wicks on 7/11/2022. (Ortiz, Grisel)
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Incorrect Case/Document/Entry Information - Document #41 filed on 6/24/2022 by Attorney Andrew Campanelli has been modified to reflect correct entry information. This document is a Declaration and NOT a Motion. All corrections have been entered. (Valle, Christine)
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ORDER. In light of the motion to intervene #30 being referred by the Honorable Joanna Seybert to the undersigned for a report and recommendation, and the undersigned's Individual Rule for filing motions (Rule 3(C)(1)(A)), the letter motion at DE 30 is terminated as moot, and the fully briefed motion is deemed filed as of June 24, 2022 (moving papers at DE 40; DE 41; DE 42; Opposition papers at DE 36; DE 37; DE 38; reply papers at DE 43). The Court notes and appreciates Mr. Campanelli's letter clarifying the filing issues (DE 44). Ordered by Magistrate Judge James M. Wicks on 6/27/2022. (Weinstein, Tracy)
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Motions terminated; docketed incorrectly Re: #41 MOTION to Intervene filed by Peter Corbett. (Valle, Christine)
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Filing 44
Letter by Peter Corbett (Campanelli, Andrew)
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Filing 43
REPLY in Support re #40 MOTION to Intervene filed by Peter Corbett. (Campanelli, Andrew)
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Filing 42
REPLY in Support re #40 MOTION to Intervene filed by Peter Corbett. (Campanelli, Andrew)
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Filing 41
DECLARATION Re: MOTION to Intervene by Peter Corbett. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E (1 of 3), #6 Exhibit Exhibit E (2 of 3), #7 Exhibit Exhibit E (3 of 3)) (Campanelli, Andrew) Modified on 6/27/2022 to correct entry information. (Valle, Christine).
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Filing 40
MOTION to Intervene by Peter Corbett. (Campanelli, Andrew)
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ORDER granting #39 Motion (on consent) for Extension of Time to File Response/Reply. The proposed Intervenors' time to file a reply to the motion to intervene #30 is extended to on or before June 24, 2022. Ordered by Magistrate Judge James M. Wicks on 6/9/2022. (Weinstein, Tracy)
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Filing 39
MOTION for Extension of Time to File Response/Reply as to #30 Letter MOTION to Intervene by Peter Corbett. (Campanelli, Andrew)
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Filing 38
RESPONSE in Opposition re #30 Letter MOTION to Intervene filed by New Cingular Wireless PCS, LLC. (Attachments: #1 Declaration Declaration of Andrew B. Joseph, #2 Exhibit Exhibit 1 Consent Order, #3 Exhibit Exhibit 2 Complaint, #4 Exhibit Exhibit 3 Planning Board Transcript, #5 Exhibit Exhibit 4 Town Board Transcript, #6 Exhibit Exhibit 5 ARB Transcript, #7 Exhibit Exhibit 6 Corbett NY State Complaint) (Joseph, Andrew)
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Filing 37
MEMORANDUM in Opposition re #36 Affidavit in Opposition to Motion,, Motion to Intervene Note: Memorandum of law was inadvertently attached to Declaration without cover page or exhibits; same is separately submitted herewith. filed by All Defendants. (Scahill, Francis)
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Filing 36
AFFIDAVIT/DECLARATION in Opposition re #30 Letter MOTION to Intervene filed by All Defendants. (Attachments: #1 Exhibit Federal Complaint, #2 Exhibit Denial Resolution, #3 Exhibit AZ Settlement Agreement, #4 Exhibit Town Board Resolution Authorizing Settlement, #5 Exhibit Architectural Review Board Resolution Authorizing Settlement, #6 Exhibit Settlement Agreement and Consent Order, #7 Exhibit Correspondence to District Court, #8 Exhibit Notice of Petition, #9 Notice of Motion for Intervention) (Scahill, Francis)
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ORDER granting #35 Motion for Extension of Time to File Response/Reply on consent. Plaintiff's opposition to the motion to intervene shall be filed on or before June 3, 2022. So Ordered by Magistrate Judge James M. Wicks on 5/18/2022. (Ruggirello, Jaclyn)
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Filing 35
Joint MOTION for Extension of Time to File Response/Reply as to #30 Letter MOTION to Intervene o.b.o New Cingular Wireless PCS, LLC and the Town Defendants by New Cingular Wireless PCS, LLC. (Wilbur, Kenneth)
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Filing 34
ORDER granting joint #33 Motion for Extension of Time to File. Opposition to the motion to intervene shall be filed on or before May 20, 2022 (see attached Order #34 ). Ordered by Magistrate Judge James M. Wicks on 4/12/2022. (Weinstein, Tracy)
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Filing 33
Letter MOTION for Extension of Time to File opposition papers to the intervention motion by New Cingular Wireless PCS, LLC. (Wilbur, Kenneth)
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ORDER. Opposition, if any, to the Motion to Intervene #30 shall be filed on or before April 22, 2022. Ordered by Magistrate Judge James M. Wicks on 4/9/2022. (Weinstein, Tracy)
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ELECTRONIC ORDER REFERRING MOTION: #30 Letter-Motion to Intervene. The Court hereby REFERS Proposed Intervenors' anticipated motion to intervene to Magistrate Judge James M. Wicks for decision. All future filings related to this motion shall be directed to Magistrate Judge Wicks. Ordered by Judge Joanna Seybert on 4/8/2022. (DiMarco, Nicholas)
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Filing 32
Letter by Peter Corbett (Campanelli, Andrew)
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Filing 31
NOTICE of Appearance by Andrew J. Campanelli on behalf of Peter Corbett (notification declined or already on case) (Campanelli, Andrew)
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Filing 30
Letter MOTION to Intervene by Peter Corbett. (Campanelli, Andrew)
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Filing 29
CONSENT ORDER Re: #27 Letter filed by New Cingular Wireless PCS, LLC; Within ninety days from the date of this consent order, i.e.,, on or before May 12, 2022, the parties are directed to file a status report advising the Court as to the status of their implementation of the Settlement Agreement. So Ordered by Judge Joanna Seybert on 2/11/2022. C/ECF (Valle, Christine)
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Filing 28
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Kenneth J. Wilbur. Counsel For Defendant: Kelly E. Wright. Status Conference held on 2/10/2022 at 12:00 PM. The parties advised the Court that the settlement agreement has been finalized and executed, and that they intend to file a motion to have a consent judgment approved. Accordingly, the parties are directed to file a proposed consent order on or before 2/21/2022 for the Court's consideration. (FTR Log #12:10-12:16 (tel.).)(Ortiz, Grisel)
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Filing 27
Letter to Judge Seybert, U.S.D.J. with proposed Consent Order by New Cingular Wireless PCS, LLC (Attachments: #1 Proposed Order) (Joseph, Andrew)
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Filing 26
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Kenneth J. Wilbur. Counsel For Defendant: Kelly E. Wright. Telephone Status Conference held on 12/2/2021 at 12:00 PM. Discussion was held concerning the status of settlement. As a result of possible impediments, the Court set a continued conference for 60 days out, to enable the parties to work through the remaining issues in anticipation of executing the Settlement Agreement before then. A continued Settlement Conference is scheduled for February 10, 2022 at 12:00 PM via the Court's AT&T Conference line. The parties should dial 1-866-434-5269 and enter access code 9025281# at the prompt. The Court waives its requirement for the parties to submit ex parte settlement statements prior to the Conference. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #12:03-12:14 (tel.).)(Ortiz, Grisel)
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SCHEDULING ORDER: A Status Conference is scheduled for 12/2/2021 at 12:00 PM before Magistrate Judge James M. Wicks, via the Court's AT&T Conference line. The parties should dial 1-866-434-5269 and enter access code 9025281# at the prompt. Ordered by Magistrate Judge James M. Wicks on 11/19/2021. (Weinstein, Tracy)
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Case Randomly Reassigned to Magistrate Judge James M. Wicks. Magistrate Judge A. Kathleen Tomlinson no longer assigned to the 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. (Jakubowski, Laura)
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ORDER regarding #25 : Based on the contents of the parties' submission, the Court is extending the discovery schedule as follows: (1) the deadline to respond to interrogatories is extended to September 14, 2021; (2) the deadline to respond to document demands is extended to October 13, 2021; and (3) the fact discovery/deposition deadline is extended to November 10, 2021. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/21/2021. (Ameri, Mana)
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Filing 25
Letter - Joint Report regarding status of settlement by The Planning Board of the Town of East Hampton, The Town of East Hampton, The Town of East Hampton Architectural Review Board, The Town of East Hampton Building Department (Wright, Kelly)
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Filing 24
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Status Conference held on 6/9/2021. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. (Ameri, Mana)
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Filing 23
ORDER: The Discovery Status Conference scheduled for June 9, 2021 will be conducted utilizing Cisco Webex. SEE ATACHED ORDER FOR ADDITIONAL DETAILS. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/8/2021. (Ameri, Mana)
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Filing 22
STIPULATION AND ORDER OF CONFIDENTIALITY. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/8/2021. (Ryan, Mary)
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Filing 21
Letter regarding Discovery Status Conference scheduled for June 9, 2021 by New Cingular Wireless PCS, LLC (Joseph, Andrew)
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Filing 20
NOTICE of Appearance by Kelly E Wright on behalf of The Planning Board of the Town of East Hampton, The Town of East Hampton, The Town of East Hampton Architectural Review Board, The Town of East Hampton Building Department (aty to be noticed) (Wright, Kelly)
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Filing 19
INITIAL CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/15/2021. (Ameri, Mana)
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Filing 18
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Initial Conference Hearing held on 1/14/2021. The Discovery Status Conference will be held on June 9, 2021 at 11:00 A.M. in Courtroom 840. The Case Management and Scheduling Order will be entered separately. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. (Ameri, Mana)
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ORDER regarding #16 : The Initial Conference scheduled for January 14, 2021 will be conducted telephonically. Counsel are requested to utilize the Court's teleconferencing line at 866-590-5055, access code 9720458, at the time of the conference. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/13/2021. (Ameri, Mana)
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Filing 17
REPORT of Rule 26(f) Planning Meeting (Wilbur, Kenneth)
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Filing 16
INITIAL CONFERENCE SCHEDULING ORDER: In light of the reassignment of this action to this Court, an Initial Conference is set for January 14, 2021 at 10:00 A.M. before Magistrate Judge A. Kathleen Tomlinson. The Court will provide advance notice as to the manner in which the conference will be conducted. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the Court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/28/2020. (Ameri, Mana)
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Filing 15
ORDER OF RECUSAL: it is requested that the Clerk of the Court reassign this matter to a randomly selected Magistrate Judge. Ordered by Magistrate Judge Anne Y. Shields on 12/9/2020. (Magistrate Judge Anne Y. Shields recused. Case randomly reassigned to Magistrate Judge A. Kathleen Tomlinson for all further proceedings.) (Florio, Lisa)
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Filing 14
Minute Order for proceedings held before Magistrate Judge Anne Y. Shields:Initial Conference Hearing held on 12/9/2020. (FTR Log #11:03-11:04.) (Torres, Jasmine)
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Filing 13
Letter Regarding Initial Conference by New Cingular Wireless PCS, LLC (Attachments: #1 Joint Report of Rule 26(f) Meeting and Proposed Discovery Plan) (Wilbur, Kenneth)
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Filing 12
ORDER: Initial Conference set for 12/9/2020 at 11:00 AM in Courtroom before Magistrate Judge Anne Y. Shields.The parties are directed to call the ATT teleconferencing center at (877) 810-9415 and to enter Access Code 9005911 when prompted. See Order and Attachments.Ordered by Magistrate Judge Anne Y. Shields on 11/6/2020. (Attachments: #1 AYS Rules, #2 Initial Conference Protocol) (Torres, Jasmine)
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Filing 11
NOTICE of Appearance by Kenneth J. Wilbur on behalf of New Cingular Wireless PCS, LLC (notification declined or already on case) (Wilbur, Kenneth)
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Filing 10
MOTION to Appear Pro Hac Vice for Kenneth Wilbur Filing fee $ 150, receipt number ANYEDC-13487131. by New Cingular Wireless PCS, LLC. (Attachments: #1 Declaration of Kenneth Wilbur, #2 Exhibit A to Declaration of Kenneth Wilbur - Certificate of Good Standing, #3 Proposed Order) (Wilbur, Kenneth)
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ELECTRONIC ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 10/7/2020. (Mucciaccio, Dina)
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Filing 9
NOTICE of Appearance by Thomas Roy Crouch on behalf of All Defendants (notification declined or already on case) (Crouch, Thomas)
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Filing 8
ANSWER to #1 Complaint,, by All Defendants. (Crouch, Thomas)
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Email Notification Test - DO NOT REPLY. (Valle, Christine)
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ORDER TO ANSWER re #7 Stipulation filed by New Cingular Wireless PCS, LLC.The parties' stipulation found at docket entry No. #7 , extending the Defendants' time to respond to the Complaint is SO ORDERED. The Planning Board of the Town of East Hampton, The Town of East Hampton, The Town of East Hampton Architectural Review Board, and The Town of East Hampton Building Department time to answer or otherwise respond to the Complaint is EXTENDED to 9/22/2020. So Ordered by Magistrate Judge Anne Y. Shields on 9/9/2020. (Mucciaccio, Dina)
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Filing 7
STIPULATION regarding Response to Complaint by New Cingular Wireless PCS, LLC (Joseph, Andrew)
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Filing 6
SUMMONS Returned Executed by New Cingular Wireless PCS, LLC. The Planning Board of the Town of East Hampton served on 8/17/2020, answer due 9/7/2020; The Town of East Hampton served on 8/17/2020, answer due 9/7/2020; The Town of East Hampton Architectural Review Board served on 8/17/2020, answer due 9/7/2020; The Town of East Hampton Building Department served on 8/17/2020, answer due 9/7/2020. (Joseph, Andrew)
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Filing 5
Summons Issued as to All Defendants. (Landow, Concetta)
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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. (Landow, Concetta)
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Filing 3
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta)
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Case Assigned to Judge Joanna Seybert and Magistrate Judge Anne Y. Shields. 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)
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Filing 2
Corporate Disclosure Statement by New Cingular Wireless PCS, LLC identifying Corporate Parent AT&T, Inc. for New Cingular Wireless PCS, LLC. (Joseph, Andrew) Modified on 8/7/2020 (Landow, Concetta).
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Filing 1
COMPLAINT against The Planning Board of the Town of East Hampton, The Town of East Hampton, The Town of East Hampton Architectural Review Board, The Town of East Hampton Building Department filing fee $ 400, receipt number ANYEDC-13174946 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by New Cingular Wireless PCS, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A to Complaint) (Joseph, Andrew) Modified on 8/7/2020 (Landow, Concetta).
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