New Cingular Wireless PCS, LLC v. The Village of Oyster Bay Cove, et al
| New Cingular Wireless PCS, LLC doing business as AT&T Mobility |
| The Village of Oyster Bay Cove, The Zoning Board of Appeals of The Village of Oyster Bay Cove and The Planning Board of The Village of Oyster Bay Cove |
| 2:2022cv07807 |
| December 22, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Steven Tiscione |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on August 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 Letter MOTION for Extension of Time to Complete Discovery by New Cingular Wireless PCS, LLC (Joseph, Andrew) Modified on 8/15/2023 to reflect that the filing is a motion (LV). |
ORDER granting #29 Motion for Extension of Time to Complete Discovery. All fact discovery to be completed by 10/20/23; Exchange of expert reports - 11/22/23; Exchange of rebuttal expert reports - 12/15/23; Expert depositions completed by - 1/19/24; All discovery completed by - 1/19/24; Final date to take first step in dispositive motion practice - 1/19/24. So Ordered by Magistrate Judge Steven Tiscione on 8/15/2023. (LV)
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| Filing 28 Minute Entry for Settlement Conference held on 7/19/2023 before Magistrate Judge Steven Tiscione: Joseph, Wilbur for Plaintiff; Macy for Defendants. Settlement discussions were held but the parties were unable to reach a disposition at this time. Parties will continue with discovery and will advise the Court if a further settlement conference would be productive. (Not Recorded.) (LV) |
| Filing 25 Letter MOTION to Adjourn Conference (Settlement Conference) scheduled for July 19, 2023 due to Village's position that settlement of this action is not possible by The Planning Board of The Village of Oyster Bay Cove, The Village of Oyster Bay Cove, The Zoning Board of Appeals of The Village of Oyster Bay Cove. (Macy, Joseph) |
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ORDER denying #25 Motion to Adjourn Conference. The settlement conference will proceed as scheduled but instead be held by Zoom as opposed to in-person. The Court will distribute a conference link to all counsel prior to the conference. So Ordered by Magistrate Judge Steven Tiscione on 6/29/2023. (LV)
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| Filing 24 Letter MOTION to Adjourn Conference to The Honorable Steven L. Tiscione, U.S.M.J. by New Cingular Wireless PCS, LLC (Joseph, Andrew) Modified on 6/2/2023 (LV). |
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ORDER granting #24 Motion to Adjourn Conference. First requests for production of documents and interrogatories due by - 7/20/23; All fact discovery to be completed by 9/19/23; Exchange of expert reports - 10/20/23; Exchange of rebuttal expert reports - 11/10/23; Expert depositions completed by - 12/8/23; All discovery completed by - 1/4/24; Final date to take first step in dispositive motion practice - 1/4/24. The in-person settlement conference scheduled for June 8, 2023 will instead be held at 2:00 p.m. on July 19, 2023 in Courtroom 910 of the Central Islip Courthouse. Parties are to submit their respective settlement positions via ex parte electronic filing no later than July 17, 2023. So Ordered by Magistrate Judge Steven Tiscione on 6/2/2023. (LV)
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| Filing 23 Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's Initial Document Demand and Initial Interrogatories by The Planning Board of The Village of Oyster Bay Cove, The Village of Oyster Bay Cove, The Zoning Board of Appeals of The Village of Oyster Bay Cove. (Macy, Joseph) |
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ORDER granting #23 Motion for Extension of Time to File Response/Reply re #23 Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's Initial Document Demand and Initial Interrogatories. The deadline to complete Phase I discovery is extended to May 19, 2023. So Ordered by Magistrate Judge Steven Tiscione on 5/10/2023. (LV)
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| Filing 22 Minute Entry for Initial Conference Hearing held on 3/24/2023 before Magistrate Judge Steven Tiscione: Wilbur for Plaintiff; Macy, Napolitano for Defendants. The Court sets the following discovery deadlines: Deadline for completion of Rule 26(a) initial disclosures - 4/7/23; Completion of Phase I discovery - 5/12/23; Deadline for motions to join new parties or amend pleadings - 30 days after Defendant Zoning Board issues its written decision; First requests for production of documents and interrogatories due by - 6/15/23; All fact discovery to be completed by 8/15/23; Exchange of expert reports - 9/15/23; Exchange of rebuttal expert reports - 10/6/23; Expert depositions completed by - 11/3/23; All discovery completed by - 11/30/23; Final date to take first step in dispositive motion practice - 11/30/23. An in-person settlement conference will be held on June 8, 2023 at 11:00 a.m. in Courtroom 910 of the Central Islip Courthouse. Parties are to submit their respective settlement positions via ex parte electronic filing no later than June 5, 2023. A motion to file ex parte is not required. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. The Stipulated Confidentiality and Protective Order submitted by the parties at docket entry 21, pages 9-12 is so ordered by the Court. (Not Recorded.) (LV) |
| Filing 21 REPORT of Rule 26(f) Planning Meeting (Wilbur, Kenneth) |
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Filing 20
SCHEDULING ORDER: An initial conference will be held at 11:30 a.m. on March 24, 2023 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. The attached Discovery Plan Worksheet is to be completed by counsel and electronically filed with the Court by March 22nd. 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. So Ordered by Magistrate Judge Steven Tiscione on 2/24/2023. (LV)
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| Filing 19 ANSWER to #1 Complaint, by All Defendants. (Attachments: #1 Exhibit Ex. A - City Scape Consultants Letter 1.5.22, #2 Exhibit Ex B - Transcript of Board of Zoning Appeals) (Macy, Joseph) |
| Filing 18 Letter MOTION for Extension of Time to File Answer re #1 Complaint, with consent from Plaintiff by The Planning Board of The Village of Oyster Bay Cove, The Village of Oyster Bay Cove, The Zoning Board of Appeals of The Village of Oyster Bay Cove. (Macy, Joseph) |
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ORDER granting #18 Motion for Extension of Time to February 24, 2023 to Answer re #18 Letter MOTION for Extension of Time to File Answer re #1 Complaint, with consent from Plaintiff for All Defendants. So Ordered by Magistrate Judge Steven Tiscione on 2/15/2023. (LV) Modified on 2/16/2023 (LV).
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| Filing 17 Request for Refund of Fees Paid Electronically approved by Lisa Florio, Operations Manager, on 2/9/2023. (Copy sent to financial unit for processing) (LF) |
| Filing 16 MOTION for Refund of Fees Paid Electronically by New Cingular Wireless PCS, LLC. (Joseph, Andrew) |
| Filing 15 NOTICE of Appearance by Vijayasri Aryama on behalf of New Cingular Wireless PCS, LLC (notification declined or already on case) (Aryama, Vijayasri) |
| Filing 14 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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ORDER granting #13 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #13 submitted by Vijayasri G. Aryama for Plaintiff 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 she 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 2/3/2023. (LV)
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ORDER granting #12 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #12 submitted by Kenneth J. Wilbur for Plaintiff 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 2/3/2023. (LV)
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| Filing 13 MOTION to Appear Pro Hac Vice on behalf of Plaintiff New Cingular Wireless PCS, LLC. Filing fee $ 150, receipt number ANYEDC-16372992. by New Cingular Wireless PCS, LLC. (Attachments: #1 Affidavit of V.G. Aryama in support of Pro Hac Vice motion, #2 Exhibit A to Affidavit of V.G. Aryama, #3 Exhibit B to Affidavit of V.G. Aryama, #4 Proposed Order for Admission Pro Hac Vice) (Aryama, Vijayasri) |
| Filing 12 MOTION to Appear Pro Hac Vice on behalf of Plaintiff New Cingular Wireless PCS, LLC. Filing fee $ 150, receipt number ANYEDC-16372079. by New Cingular Wireless PCS, LLC. (Attachments: #1 Affidavit of K.J. Wilbur in support of Pro Hac Vice motion, #2 Exhibit A to Affidavit of K.J. Wilbur, #3 Proposed Order for Admission Pro Hac Vice) (Wilbur, Kenneth) |
| Filing 11 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by The Planning Board of The Village of Oyster Bay Cove, The Village of Oyster Bay Cove, The Zoning Board of Appeals of The Village of Oyster Bay Cove. (Macy, Joseph) |
| Filing 10 NOTICE of Appearance by Donna A. Napolitano on behalf of The Planning Board of The Village of Oyster Bay Cove, The Village of Oyster Bay Cove, The Zoning Board of Appeals of The Village of Oyster Bay Cove (aty to be noticed) (Napolitano, Donna) |
| Filing 9 NOTICE of Appearance by Joseph E. Macy on behalf of The Planning Board of The Village of Oyster Bay Cove, The Village of Oyster Bay Cove, The Zoning Board of Appeals of The Village of Oyster Bay Cove (aty to be noticed) (Macy, Joseph) |
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ORDER granting #11 Motion for Extension of Time to 2/17/23 to Answer re #11 Letter MOTION for Extension of Time to File Answer re #1 Complaint, All Defendants. So Ordered by Magistrate Judge Steven Tiscione on 1/17/2023. (LV)
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| Filing 8 SUMMONS Returned Executed by New Cingular Wireless PCS, LLC. The Planning Board of The Village of Oyster Bay Cove served on 12/28/2022, answer due 1/18/2023. (Joseph, Andrew) |
| Filing 7 SUMMONS Returned Executed by New Cingular Wireless PCS, LLC. The Zoning Board of Appeals of The Village of Oyster Bay Cove served on 12/28/2022, answer due 1/18/2023. (Joseph, Andrew) |
| Filing 6 SUMMONS Returned Executed by New Cingular Wireless PCS, LLC. The Village of Oyster Bay Cove served on 12/28/2022, answer due 1/18/2023. (Joseph, Andrew) |
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Filing 5
ORDER OF RECUSAL. Magistrate Judge James M. Wicks recused. Case reassigned to Magistrate Judge Steven Tiscione for all further proceedings. So Ordered by Magistrate Judge James M. Wicks on 12/22/2022. (GO)
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| Filing 4 Summons Issued as to All Defendants. (Attachments: #1 Summons #2, #2 Summons #3) (CL) |
| Filing 3 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. (CL) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16254265 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by New Cingular Wireless PCS, LLC d/b/a AT&T Mobility. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Civil Cover Sheet) (Joseph, Andrew) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge James M. Wicks. 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. (CL) |
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