Ottavino et al v. Incorporated Village of Westbury et al
Plaintiff: Margaret Ottavino and A. Ottavino Property Corporation
Defendant: Incorporated Village of Westbury, Tadeus A. Blach as Village Clerk and Treasurer of the Incorporated Village of Westbury, BR Madison LLC, Nassau Property Investors LLC and Tadeus A. Blach
Case Number: 2:2023cv01294
Filed: February 17, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Diane Gujarati
Referring Judge: Anne Y Shields
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. ยง 2201 Constitutionality of State Statute(s)
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2023 Opinion or Order ORDER re: #11 Letter MOTION for pre motion conference -- Pursuant to the undersigned's Individual Practice Rules, when a party responds to a pre-motion letter in anticipation of a motion to dismiss, the party must state whether it will seek leave to amend in light of one or more of the alleged pleading defects and must indicate the nature of any contemplated amendment. See Individual Practice Rule III.A.3. Plaintiffs' #11 Letter does not state whether Plaintiffs will seek leave to amend. Plaintiffs are directed to, by April 19, 2023, indicate in writing whether Plaintiffs will seek leave to amend in light of one or more of the alleged pleading defects and, if so, set forth the nature of any contemplated amendment. Furthermore, to the extent that Plaintiffs intend to draw into question the constitutionality of a state statute by way of this action, Plaintiffs are directed to promptly comply with the requirements of Federal Rule of Civil Procedure 5.1. Counsel is reminded that, pursuant to the undersigned's Individual Practice Rules, all written submissions and supporting materials must be text-searchable, to the extent practicable. See Individual Practice Rule I.D. Ordered by Judge Diane Gujarati on 4/12/2023. (KA)
April 11, 2023 Filing 11 Letter MOTION for pre motion conference re #9 Letter MOTION for pre motion conference , #10 Letter MOTION for pre motion conference , #8 Letter MOTION for pre motion conference by A. Ottavino Property Corporation, Margaret Ottavino. (Kerson, Paul)
April 6, 2023 Opinion or Order ORDER re: #8 #9 #10 Letter MOTIONS for pre motion conference: On March 27, 2023, Defendants Incorporated Village of Westbury and Tadeus A. Blach filed a #8 Letter MOTION for pre motion conference requesting a pre-motion conference in anticipation of filing a motion to dismiss. On March 28, 2023, Defendants Nassau Property Investors LLC and BR Madison LLC filed #9 #10 Letter MOTIONS for pre motion conference also requesting a pre-motion conference. To date, Plaintiffs have failed to file any response to the #8 #9 #10 Letter MOTIONS, as required by the undersigned's Individual Practice Rules. See Individual Practice Rule III.A. Plaintiffs are directed to respond to Defendants' #8 #9 #10 Letter MOTIONS for pre motion conference by April 13, 2023. Ordered by Judge Diane Gujarati on 4/6/2023. (KA)
March 28, 2023 Filing 10 Letter MOTION for pre motion conference by BR Madison LLC. (Bichoupan, Carolyn)
March 28, 2023 Filing 9 Letter MOTION for pre motion conference by Nassau Property Investors LLC. (Bichoupan, Carolyn)
March 27, 2023 Filing 8 Letter MOTION for pre motion conference by Incorporated Village of Westbury. (Roth, Andrew)
March 27, 2023 Filing 7 SUMMONS Returned Executed by Margaret Ottavino, A. Ottavino Property Corporation. BR Madison LLC served on 3/10/2023, answer due 3/31/2023; Tadeus A. Blach served on 3/10/2023, answer due 3/31/2023; Incorporated Village of Westbury served on 3/10/2023, answer due 3/31/2023; Nassau Property Investors LLC served on 3/10/2023, answer due 3/31/2023. (Kerson, Paul)
February 23, 2023 Opinion or Order Filing 6 ORDER: Initial Conference set for 6/12/2023 at 12:00 PM before Magistrate Judge Anne Y. Shields. The parties are directed to call the AT&TTeleconferencing Center at (877) 810-9415 and to enter Access Code9005911 when prompted. See order and attachment. Ordered by Magistrate Judge Anne Y. Shields on 2/23/2023. (Attachments: #1 AYS Rules) (JT)
February 22, 2023 Filing 5 Summons Issued as to BR Madison LLC, Tadeus A. Blach, Incorporated Village of Westbury, Nassau Property Investors LLC. (IH)
February 21, 2023 Filing 4 Proposed Summons.Civil Cover Sheet.. Re Quality Control Check - Summons, by A. Ottavino Property Corporation, Margaret Ottavino (Kerson, Paul)
February 21, 2023 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. (LJ)
February 21, 2023 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ)
February 21, 2023 Incorrect Document Entry Information. Complaint was entered as against plaintiff; entry was deleted and re-entered as against defendants. (LJ)
February 21, 2023 Case Assigned to Judge Diane Gujarati 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. (LJ)
February 21, 2023 Your proposed summons was not issued for the following reason: The section that reads "The answer or motion must be served on plaintiff or plaintiff's attorney, whose name and address are:" has not be completed. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (LJ)
February 17, 2023 Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Margaret Ottavino, A. Ottavino Property Corporation. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (LJ)
February 17, 2023 FILING FEE: $ 402, receipt number ANYEDC-16420969 (LJ)

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Search for this case: Ottavino et al v. Incorporated Village of Westbury et al
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Plaintiff: Margaret Ottavino
Represented By: Paul E. Kerson
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Plaintiff: A. Ottavino Property Corporation
Represented By: Paul E. Kerson
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Defendant: Incorporated Village of Westbury
Represented By: Andrew Michael Roth
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Defendant: Tadeus A. Blach as Village Clerk and Treasurer of the Incorporated Village of Westbury
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Defendant: BR Madison LLC
Represented By: Carolyn C. Bichoupan
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Defendant: Nassau Property Investors LLC
Represented By: Carolyn C. Bichoupan
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Defendant: Tadeus A. Blach
Represented By: Andrew Michael Roth
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