National Business Aviation Association, Inc. v. The Town of East Hampton
Plaintiff: National Business Aviation Association, Inc.
Defendant: The Town of East Hampton
Case Number: 2:2022cv02824
Filed: May 14, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Joanna Seybert
Referring Judge: Steven Tiscione
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. ยง 2201 Constitutionality of State Statute(s)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 22, 2022 Filing 18 NOTICE of Appearance by David Charles Russell on behalf of National Business Aviation Association, Inc. (aty to be noticed) (Russell, David)
May 17, 2022 Filing 17 Letter to Judge Seybert re FAA Letters by The Town of East Hampton (Attachments: #1 Exhibit A - 2022.05.16 - Letter to FAA re TROs, #2 Exhibit B - 2022.05.17 - Letter from FAA to Town) (Barr, Andrew)
May 17, 2022 Filing 16 NOTICE of Appearance by Adam M. Katz on behalf of The Town of East Hampton (notification declined or already on case) (Katz, Adam)
May 17, 2022 Filing 15 NOTICE of Appearance by Andrew Barr on behalf of The Town of East Hampton (notification declined or already on case) (Barr, Andrew)
May 17, 2022 Filing 14 MOTION to Appear Pro Hac Vice for Adam M. Katz Filing fee $ 150, receipt number ANYEDC-15571547. by The Town of East Hampton. (Attachments: #1 Affidavit Affidavit in Support of Notice of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing) (Katz, Adam)
May 17, 2022 Minute Entry for proceedings held before Judge Joanna Seybert: Motion Hearing held on 5/17/2022 re #2 MOTION for Order to Show Cause, Temporary Restraining Order, and Preliminary Injunction. Decision reserved. No further conferences or hearings have been set at this time. (Court Reporter Lisa Schmid.) (Russo, Eric)
May 17, 2022 Opinion or Order ORDER granting #14 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #14 submitted by Adam M. Katz for Defendant 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 5/17/2022. (Vasquez, Lea)
May 17, 2022 Opinion or Order ORDER granting #13 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #13 submitted by Andrew Daniel Barr for Defendant 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 5/17/2022. (Vasquez, Lea)
May 16, 2022 Filing 13 MOTION to Appear Pro Hac Vice for Andrew D. Barr Filing fee $ 150, receipt number ANYEDC-15570795. by The Town of East Hampton. (Attachments: #1 Affidavit in Support of Notice of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing) (Barr, Andrew)
May 16, 2022 Filing 12 Minute Entry for proceedings held before Judge Joanna Seybert: Motion Hearing held on 5/16/2022 re #2 MOTION for Order to Show Cause, Temporary Restraining Order, and Preliminary Injunction. Motion Hearing to continue on 5/17/2022 at 9:00 AM in Courtroom 1030 before Judge Joanna Seybert. See entry for additional details. (FTR Log #4:52 - 5:12; 5:25 - 5:40.) (Russo, Eric)
May 16, 2022 Filing 11 DECLARATION re #2 MOTION for Order to Show Cause MOTION for Temporary Restraining Order MOTION for Preliminary Injunction OF JAMES D. HERSCHLEIN (SUPPLEMENTAL) by National Business Aviation Association, Inc. (Attachments: #1 Exhibit J: January 27, 2022 McCormick Letter, #2 Exhibit K: February 2, 2022 Kennington-Gardiner Letter, #3 Exhibit L: March 9, 2022 Kennington-Gardiner Letter) (Herschlein, James)
May 16, 2022 Filing 10 Letter with additional authority by National Business Aviation Association, Inc. (Attachments: #1 Exhibit 1 - FAA Notice Dated 5-13-22) (Herschlein, James)
May 16, 2022 Filing 9 Summons Issued as to The Town of East Hampton. (Jakubowski, Laura)
May 16, 2022 Filing 8 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Jakubowski, Laura)
May 16, 2022 Filing 7 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. (Jakubowski, Laura)
May 16, 2022 Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura)
May 16, 2022 Filing 5 AFFIDAVIT/DECLARATION in Opposition re #2 MOTION for Order to Show Cause MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by The Town of East Hampton. (Attachments: #1 Exhibit 1 - 2020.11.06 - FAA Letter to HTO re Future Options, #2 Exhibit 2 - Form 7480-1, #3 Exhibit 3 - Form 7480-1s, #4 Exhibit 4 - 2022.03.18 - FAA Airspace Letter re deactivating, #5 Exhibit 5 - 2022.03.22 - FAA Airspace Letter re deactivating, #6 Exhibit 6 - Federal Register Publication, #7 Exhibit 7 - Preliminary Injunction Order, #8 Exhibit 8 - Chapter 75 Amended, #9 Exhibit 9 - 2022.01.20 Press Release, #10 Exhibit 10 - 2022.01.20 Resolution 2022-190, #11 Exhibit 11 - PPR Framework, #12 Exhibit 12 - 2022.01.21 - NBAA press release, #13 Exhibit 13 - 2022.02.22 - NBAA press release, #14 Exhibit 14 - 2022.01.18 - NBAA press release, #15 Exhibit 15 - List of Airports for private-use, #16 Exhibit 16 - List of Airports private-use and subject to a PPR framework) (Bowman, Philip) Modified on 5/16/2022 (Jakubowski, Laura).
May 16, 2022 Filing 4 MEMORANDUM in Opposition re #2 MOTION for Order to Show Cause MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by The Town of East Hampton. (Bowman, Philip) Modified on 5/16/2022 (Jakubowski, Laura).
May 16, 2022 Filing 3 NOTICE of Appearance by Philip M. Bowman on behalf of The Town of East Hampton (aty to be noticed) (Bowman, Philip) Modified on 5/16/2022 (Jakubowski, Laura).
May 16, 2022 Opinion or Order ELECTRONIC ORDER SCHEDULING PROCEEDING: Parties are hereby advised that a Motion Hearing regarding Plaintiff's Motion for Order to Show Cause, Temporary Restraining Order, and Preliminary Injunction is set for 5/16/2022 at 4:00 PM before Judge Joanna Seybert. The hearing will be held via the Court's teleconferencing system. Parties are directed to dial the following telephone number at the designated time: 877-336-1839, access code 7231185. Ordered by Judge Joanna Seybert on 5/16/2022. (Russo, Eric)
May 16, 2022 Case Assigned to Judge Joanna Seybert 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. (Jakubowski, Laura)
May 16, 2022 Opinion or Order ELECTRONIC ORDER ADJOURNING PROCEEDING: Due to a conflict in the Court's calendar, the Motion Hearing set for 5/16/2022 before Judge Joanna Seybert is adjourned to 4:30 PM. The hearing will still be held via the Court's teleconferencing system. Parties are directed to dial the following telephone number at the designated time: 877-336-1839, access code 7231185. Ordered by Judge Joanna Seybert on 5/16/2022. (Russo, Eric)
May 14, 2022 Filing 2 MOTION for Order to Show Cause , MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by National Business Aviation Association, Inc.. (Attachments: #1 Declaration of James D. Herschlein, #2 Ex. A: HR&A Advisors Presentation, #3 Ex. B: Vahey Letter, #4 Ex. C: O'Connor Presentation (October 2021), #5 Ex. D: Schneiderman Letter, #6 Ex. E: Town Board Minutes, #7 Ex. F: Town Rules and Regulations, #8 Ex. G: O'Connor Presentation (May 2021), #9 Ex. H: NYU Wagner Center Presentation, #10 Ex. I: EBP US Report, #11 Declaration of Steve Brown, #12 Plaintiff National Business Aviation Association, Inc.'s Memorandum of Law in Support of Its Motion for A Temporary Restraining Order and Preliminary Injunction) (Herschlein, James)
May 14, 2022 Filing 1 COMPLAINT against The Town of East Hampton filing fee $ 402, receipt number ANYEDC-15566471 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by National Business Aviation Association, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Herschlein, James) Modified on 5/16/2022 (Jakubowski, Laura).

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Plaintiff: National Business Aviation Association, Inc.
Represented By: James Herschlein
Represented By: David Charles Russell
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Defendant: The Town of East Hampton
Represented By: Andrew Barr
Represented By: Philip M. Bowman
Represented By: Adam M. Katz
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