Zip Aviation, LLC v. Robinson Aviation (RVA), Inc. et al
| Zip Aviation, LLC |
| Robinson Aviation (RVA), Inc. and Town Of East Hampton |
| National Business Aviation Association, Inc., Eastern Regional Helicopter Council, Inc. and Helicopter Association International, Inc. |
| 2:2021cv04111 |
| July 22, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven Tiscione |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. § 2201 Injunction |
| Plaintiff |
Docket Report
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| Filing 26 STIPULATION Protective Order by Zip Aviation, LLC (Epstein, Joshua) |
ORDER re #26 Stipulation filed by Zip Aviation, LLC. The stipulated protective Order is approved and hereby entered as an Order of the Court. So Ordered by Magistrate Judge Steven Tiscione on 8/30/2021. (Vasquez, Lea)
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, the preliminary injunction hearing scheduled for September 29, 2021 is hereby ADJOURNED to September 30, 2021 at 10:00 a.m. before the undersigned in Courtroom 940, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. Ordered by Judge Gary R. Brown on 8/20/2021. (Meil, Stephen)
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| Filing 25 WAIVER OF SERVICE Returned Executed by Zip Aviation, LLC. Robinson Aviation (RVA), Inc. waiver sent on 8/10/2021, answer due 10/11/2021. (Greenberg, David) |
| Filing 24 WAIVER OF SERVICE Returned Executed by Zip Aviation, LLC. Town Of East Hampton waiver sent on 8/10/2021, answer due 10/11/2021. (Greenberg, David) |
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ORDER granting #23 Motion to Adjourn Conference. The preliminary injunction hearing scheduled for August 4, 2021 is hereby ADJOURNED to September 29, 2021 at 10:00 a.m. before the undersigned in Courtroom 940, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. As stipulated by the parties, the temporary restraining order issued by the Court at the hearing held on July 30, 2021 will remain in effect until the date of the hearing. Ordered by Judge Gary R. Brown on 8/3/2021. (Meil, Stephen)
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| Filing 23 Letter MOTION to Adjourn Conference /[Consented] Request to Adjourn Preliminary Injunction Hearing. by Town Of East Hampton. (O'Connor, William) |
| Filing 22 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14711998. by Eastern Regional Helicopter Council, Inc., Helicopter Association International, Inc., National Business Aviation Association, Inc.. (Attachments: #1 Declaration of Jolyon A. Silversmith in Support of Motion, #2 Exhibit Certificate of Good Standing of Jolyon A. Silversmith) (Pantelopoulos, Nicholas) |
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ORDER granting #22 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #22 submitted by Jolyon A. Silversmith for Eastern Regional Helicopter Counsel, Inc., Helicopter Association International, Inc., and National Business Aviation Association, Inc. and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 8/2/2021. (Vasquez, Lea)
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| Filing 21 DECLARATION re Order on Motion for TRO,,,,,,, #19 Memorandum in Opposition / Supplemental Declaration of James L. Brundige in Support of Defendant Town of East Hampton's Opposition to Plaintiff's Motion for Preliminary Injunction. by Town Of East Hampton (Barr, Andrew) |
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ORDER granting #14 Motion for Leave to File. As asserted by the contemplated amici curiae themselves, "[t]he usual rationale for amicus curiae submissions is that they are of aid to the court and offer insights not available from the parties." Auto. Club of New York, Inc. v. Port Auth. of New York & New Jersey, No. 11 CIV. 6746 RJH, 2011 WL 5865296, at *1 (S.D.N.Y. Nov. 22, 2011). Yet the lion's share of the arguments put forth by the amici mirror those asserted by the plaintiff in this action. However, the amici, as organizations representing helicopter and other aircraft operators across the nation and around the world, are able to offer and indeed, in their brief, actually present a perspective not available from the parties, to wit: the potential national ramifications of imposing, or not imposing, the requested injunction. Moreover, despite receiving notice of the amici's intent to file their motion, defendant Town of East Hampton has failed to raise any opposition to amici''s motion. Accordingly, to the extent that the amici will provide "unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide," Auto. Club of New York, 2011 WL 5865296, at *2, their motion to appear as amici curiae in this proceeding is hereby GRANTED. Ordered by Judge Gary R. Brown on 7/29/2021. (Meil, Stephen)
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| Filing 20 DECLARATION re Order on Motion for TRO,,,,,,, #19 Memorandum in Opposition / Declaration of James L. Brundige in Support of Defendant Town of East Hampton's Memorandum of Law Opposing Plaintiff's Motion for Preliminary Injunction. by Town Of East Hampton (Attachments: #1 Exhibit 1 - November 6, 2020 Letter, #2 Exhibit 2 - March 11, 2021 Memorandum, #3 Exhibit 3 - 2018 Agreement, #4 Exhibit 4 - 2018 Letter of Agreement, #5 Exhibit 5 - Correspondence Re SVFR Policy, #6 Exhibit 6 - Correspondence Re SVFR Policy, #7 Exhibit 7 - Correspondence Re SVFR Policy, #8 Exhibit 8 - Correspondence Re SVFR Policy, #9 Exhibit 9 - Correspondence Re SVFR Policy, #10 Exhibit 10 - Notice Re SVFR Policy, #11 Exhibit 11 - Notice Re SVFR Policy, #12 Exhibit 12 - Notice Re SVFR Policy, #13 Exhibit 13 - Notice Re SVFR Policy, #14 Exhibit 14 - Notice Re SVFR Policy, #15 Exhibit 15 - 2018 FAA Briefing) (Barr, Andrew) |
| Filing 19 MEMORANDUM in Opposition re Order on Motion for TRO,,,,,,, / Defendant Town of East Hampton's Opposition to Plaintiff's Motion for Preliminary Injunction. filed by Town Of East Hampton. (Barr, Andrew) |
| Filing 18 Corporate Disclosure Statement by Town Of East Hampton (Barr, Andrew) |
| Filing 17 MEMORANDUM in Opposition / Defendant Robinson Aviation (RVA), Inc's Response to #7 Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction filed by Robinson Aviation (RVA), Inc.. (Zensky, David) |
| Filing 16 NOTICE of Appearance by David Mitchell Zensky on behalf of Robinson Aviation (RVA), Inc. (aty to be noticed) (Zensky, David) |
| Filing 15 Corporate Disclosure Statement by Robinson Aviation (RVA), Inc. (Zensky, David) |
| Filing 14 MOTION for Leave to File Document and Appear as Amici Curiae by Eastern Regional Helicopter Council, Inc., Helicopter Association International, Inc., National Business Aviation Association, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7) (Pantelopoulos, Nicholas) |
| Filing 13 Amicus Curiae APPEARANCE entered by Nicholas E. Pantelopoulos on behalf of National Business Aviation Association, Inc., Eastern Regional Helicopter Council, Inc., Helicopter Association International, Inc. (Pantelopoulos, Nicholas) |
| Filing 12 NOTICE of Appearance by Andrew Barr on behalf of Town Of East Hampton (notification declined or already on case) (Barr, Andrew) |
| Filing 11 NOTICE of Appearance by William Vincent O'Connor, Jr on behalf of Town Of East Hampton (notification declined or already on case) (O'Connor, William) |
| Filing 10 NOTICE of Appearance by Ian Ross Shapiro on behalf of Town Of East Hampton (aty to be noticed) (Shapiro, Ian) |
| Filing 9 MOTION to Appear Pro Hac Vice - Andrew D. Barr. Filing fee $ 150, receipt number ANYEDC-14695954. by Town Of East Hampton. (Attachments: #1 Affidavit of Andrew Barr in Support, #2 Certificate of Good Standing - CO) (Barr, Andrew) |
| Filing 8 MOTION to Appear Pro Hac Vice - William O'Connor. Filing fee $ 150, receipt number ANYEDC-14695839. by Town Of East Hampton. (Attachments: #1 Affidavit of William OConnor in Support, #2 Certificate of Good Standing - CA) (O'Connor, William) |
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ORDER granting #8 Motion for Leave to Appear Pro Hac Vice ; granting #9 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice applications #8 and #9 submitted by William V. O'Connor and Andrew D. Barr respectively for Defendant The Town of East Hampton and found them to be in compliance with the local rules concerning attorney admissions, the applications are approved. If not already done, the attorneys shall register for ECF which is available online at the NYED's homepage. Once registered, the attorneys shall file notices of appearance and ensure that they receive electronic notifications of activity in this case. The attorneys shall ensure that the $150 admission fee per application is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 7/27/2021. (Vasquez, Lea)
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| Filing 7 MOTION for Temporary Restraining Order by Zip Aviation, LLC. (Attachments: #1 Affidavit in Support Declaration of Itai Shoshani, #2 Exhibit Exhibit 1 to Declaration of Itai Shoshani, #3 Exhibit Exhibit 2 to Declaration of Itai Shoshani, #4 Exhibit Exhibit 3 to Declaration of Itai Shoshani, #5 Exhibit Exhibit 4 to Declaration of Itai Shoshani, #6 Exhibit Exhibit 5 to Declaration of Itai Shoshani, #7 Affidavit in Support Declaration of Joshua H. Epstein in Support of Plaintiff's Motion for a Preliminary Injunction, #8 Memorandum in Support) (Epstein, Joshua) |
| Filing 6 Summons Issued as to Town Of East Hampton. (Rodin, Deanna) |
| Filing 5 Summons Issued as to Robinson Aviation (RVA), Inc. (Rodin, Deanna) |
| 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. (Rodin, Deanna) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Filing 2 Corporate Disclosure Statement by Zip Aviation, LLC (Epstein, Joshua) |
| Filing 1 COMPLAINT against Robinson Aviation (RVA), Inc., Town Of East Hampton filing fee $ 402, receipt number ANYEDC-14680959 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Zip Aviation, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons) (Epstein, Joshua) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven Tiscione. 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) |
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ORDER granting in part and denying in part #7 Motion for TRO. Upon review of the papers submitted, plaintiff seeks ex parte relief pending an order to show cause hearing on the issues raised in the complaint. While plaintiff alleges certain reputational harms and disruptions to its business, the fact that plaintiff waited over three months after the issuance of the policy at issue, and nearly two months from the first application of this policy to one of plaintiff's flights, before filing this application indicates that plaintiff will not suffer truly irreparable harm in the immediate term. See Omnistone Corp. v. Cuomo, 485 F. Supp. 3d 365, 36768 (E.D.N.Y. 2020) (in addressing an application for a temporary restraining order, "the Court must examine whether the movants have demonstrated a threat of irreparable harm that will occur immediately to justify a temporary restraining order, while the temporal context of a preliminary injunction takes a longer view"). As such, the application for ex parte temporary restraining order relief is DENIED.However, the request is hereby GRANTED to the extent that defendants are hereby ORDERED TO SHOW CAUSE why the preliminary injunction sought by plaintiff should not be entered at a hearing before the undersigned on Friday, July 30, 2021 at 3:00 pm by audio conference. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference. Defendants are directed to file a responsive brief to plaintiff's motion by close of business on July 28, 2021. Plaintiff's counsel is directed to serve a copy of this order along with the complaint upon defendants by fax or other electronic means, and further directed to confer with defense counsel by phone prior to the conference to ensure that everyone is available, FORTHWITH. Ordered by Judge Gary R. Brown on 7/22/2021. (Meil, Stephen)
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