McKenna v. The Town of Oyster Bay et al
Plaintiff: Kevin McKenna and Joseph Saladino
Defendant: Town of Oyster Bay and The Town of Oyster Bay
Case Number: 2:2020cv04905
Filed: October 12, 2020
Court: US District Court for the Eastern District of New York
Presiding Judge: Gary R Brown
Referring Judge: Anne Y Shields
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1981 Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 7, 2020 Opinion or Order SCHEDULING ORDER: As set forth on the record during the conference held on December 7, 2020, the parties agree to extend the TRO through Decemeber 11, 2020. Counsel are directed to continue to talk and exchange comments regarding the draft with each other. A further settlement conference is scheduled for December 10, 2020 at 1:30 PM. Counsel are directed to call the AT&T Teleconference Center at (877) 810-9415 at the time of the conference and enter Access Code 9005911 when prompted. So Ordered by Magistrate Judge Anne Y. Shields on 12/7/2020. (Mucciaccio, Dina)
December 7, 2020 Opinion or Order ORDER re 19 . As set forth on the record during the conference held on December 7, 2020, Defense counsel has taken the position that the Document currently filed under seal as docket entry No. 19 was filed only as a settlement position. Any motion to unseal this document is to be addressed to the District Court. So Ordered by Magistrate Judge Anne Y. Shields on 12/7/2020. (Mucciaccio, Dina)
December 7, 2020 Opinion or Order ORDER granting #17 Motion for Leave to Electronically File Document under Seal Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. So Ordered by Magistrate Judge Anne Y. Shields on 12/7/2020. (Mucciaccio, Dina)
December 5, 2020 Filing 18 RESPONSE in Opposition re #16 MOTION for Hearing (Settlement Conference) filed by Kevin McKenna. (Clarke, Jonathan)
December 5, 2020 Opinion or Order SCHEDULING ORDER: In light of Judge Brown's referral of the December 7, 2020 settlement conference, all conference participants are directed to call the AT&T Teleconference Center at (877) 810-9415 at 1:30 PM and enter Access Code 9005911 when prompted. So Ordered by Magistrate Judge Anne Y. Shields on 12/5/2020. (Mucciaccio, Dina)
December 5, 2020 Opinion or Order ORDER granting #16 Motion for Settlement Conference. This matter is respectfully referred to Judge Shields for a settlement conference on 12/7/2020 at 01:30 PM. The parties will receive dial in information via ECF from Judge Shields' chambers prior to the conference. Ordered by Judge Gary R. Brown on 12/5/2020. (Rowe, Martin)
December 4, 2020 Filing 17 MOTION for Leave to Electronically File Document under Seal by Joseph Saladino, The Town of Oyster Bay. (Gootnick, Heidi)
December 4, 2020 Filing 16 MOTION for Hearing (Settlement Conference) by Joseph Saladino, The Town of Oyster Bay. (McCarthy, Dianna)
December 2, 2020 Filing 15 Minute Entry for proceedings held on 12/2/2020 before Judge Gary R. Brown: Civil Cause for Telephone Conference. Counsel for Plaintiff: Jonathan Clarke. Counsel for Defendant: Heidi Gootnick. FTR #: 2:29-2:45, AT&T Conferencing. Parties consent to adjourn this matter, the TRO remains in place. Status conference set for 12/7/2020 at 1:30PM. The parties will call 888-363-4734, using Access Code 4132441 at least 5 minutes prior to the conference. Please note any number of counsel may appear during the telephone conference, however only one attorney per party may be designated to speak during the conference. (Tirado, Chelsea)
November 16, 2020 Filing 13 Minute Order for proceedings held on 11/16/2020 before Judge Gary R. Brown: Civil Cause for Telephone Conference. Counsel for Plaintiff: Jonathan Clarke. Counsel for Defendant: Heidi Gootnick, Diane McCarthy. FTR #: 4:01-4:30. Motion for: #10 First Motion for Preliminary Injunction. Movant: Plaintiff. Case called. Counsel for all sides present. Motion argued. Motion is granted (**No written decision**). Telephone conference is scheduled for 12/2/2020 at 2:30PM, Same details, the parties will call 888-363-4734 using Access code 4132441.. (Tirado, Chelsea) Modified on 12/2/2020 (McMorrow, Karen).
November 16, 2020 Filing 12 MOTION to Adjourn Conference Letter Motion to adjourn 3:00 hearing by Joseph Saladino, The Town of Oyster Bay. (Gootnick, Heidi)
November 16, 2020 Opinion or Order ORDER granting #11 Motion for Hearing. A hearing on Plaintiff's Motion for Preliminary Injunction, #10 , is scheduled for November 16, 2020 at 3:00 p.m. Per the parties' request, the hearing will be held telephonically. The parties shall call (888) 363-4734 using ACCESS CODE 4132441 at the designated time. Counsel should note that "there is no hard and fast rule in this circuit that oral testimony must be taken on a motion for a preliminary injunction or that the court can in no circumstances dispose of the motion on the papers before it." Md. Cas. Co. v. Realty Advisory Bd. on Labor Relations, 107 F.3d 979, 984 (2d Cir. 1997). Ordered by Judge Gary R. Brown on 11/16/2020. (Meil, Stephen)
November 16, 2020 Opinion or Order ORDER granting #12 Motion to Adjourn Conference. The Telephone Conference set for 11/16/2020 is changed to 04:00 PM in Courtroom 940 before Judge Gary R. Brown. Same details, the parties will call 888-363-4734 using Access code 4132441. Ordered by Judge Gary R. Brown on 11/16/2020. (McMorrow, Karen)
November 13, 2020 Filing 11 First MOTION for Hearing on TRO by Kevin McKenna. (Clarke, Jonathan)
November 13, 2020 Filing 10 First MOTION for Preliminary Injunction by Kevin McKenna. (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Exhibit Resolution, #4 Exhibit Article, #5 Exhibit Speech, #6 Exhibit Ibroto Text, #7 Exhibit Open Gov Email, #8 Exhibit PCLI Open Letter, #9 Exhibit TOB Letter banning July 5, 2018, #10 Exhibit TOB Letter banning Sept 11, 2020, #11 Exhibit Assembly Letter) (Clarke, Jonathan)
November 2, 2020 Filing 9 NOTICE of Appearance by Heidi M. Gootnick on behalf of Joseph Saladino, The Town of Oyster Bay (aty to be noticed) (Gootnick, Heidi)
November 2, 2020 Filing 8 NOTICE of Appearance by Dianna D. McCarthy on behalf of Joseph Saladino, The Town of Oyster Bay (aty to be noticed) (McCarthy, Dianna)
November 2, 2020 Filing 7 NOTICE of Appearance by Robyn Leigh Silvermintz on behalf of Joseph Saladino, The Town of Oyster Bay (aty to be noticed) (Silvermintz, Robyn)
October 15, 2020 Filing 6 Summons Issued as to Joseph Saladino, The Town of Oyster Bay. (Rodin, Deanna)
October 15, 2020 Filing 5 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. (Rodin, Deanna)
October 15, 2020 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
October 15, 2020 Filing 3 Civil Cover Sheet.. by Kevin McKenna (Clarke, Jonathan)
October 15, 2020 Incorrect Document Entry Information. Defendant was added to the case incorrectly; docket entry 1 was deleted and re-entered against corrected defendant. (Rodin, Deanna)
October 15, 2020 Case Assigned to Judge Gary R. Brown 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. (Rodin, Deanna)
October 14, 2020 Notice: Re: Missing Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet - found under Other Documents. (Rodin, Deanna)
October 13, 2020 Filing 2 Proposed Summons. by Kevin McKenna (Clarke, Jonathan)
October 12, 2020 Filing 1 COMPLAINT against Joseph Saladino, The Town of Oyster Bay Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Kevin McKenna. (Attachments: #1 Exhibit, #2 Exhibit) (Rodin, Deanna) Modified on 10/15/2020 (Rodin, Deanna).
October 12, 2020 FILING FEE: $400, receipt number ANYEDC-13508295 (Rodin, Deanna)

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Plaintiff: Kevin McKenna
Represented By: Jonathan C Clarke
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Plaintiff: Joseph Saladino
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Defendant: Town of Oyster Bay
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Defendant: The Town of Oyster Bay
Represented By: Dianna D. McCarthy
Represented By: Robyn Leigh Silvermintz
Represented By: Heidi M. Gootnick
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