Potter v. Incorporated Village of Ocean Beach, et al
| Philip G. Potter |
| Incorporated Village of Ocean Beach, Village Building Department, Village Board of Trustees, Mayor of The Village of Ocean Beach, Village Board of Zoning Appeals, Gerard Driscoll, Theodore Minski, Nicholas Weiss, Louis Santora, Robert Fuchs, Kenneth Gray and Gerard S. Driscoll |
| 2:2023cv06456 |
| August 29, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| James M Wicks |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.
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ORDER granting #11 Motion for Pre Motion ConferenceA telephone pre-motion conference scheduled for November 28, 2023 at 10:00 AM before Judge Gary R. Brown, at which time the parties should be prepared to address Defendants' anticipated motion to dismiss the Complaint, DE 11, pursuant to Rule 12 of the Federal Rules of Civil Procedure. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.Counsel should note that, in appropriate cases, the pre-motion letters, along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011). At the conference, the Court will issue a briefing schedule if necessary.Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 10/4/2023. (LJ)
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| Filing 12 RESPONSE in Opposition re #11 MOTION for pre motion conference seeking leave to file motion to dismiss filed by Philip G. Potter. (Stanton, Michael) |
| Filing 11 MOTION for pre motion conference seeking leave to file motion to dismiss by Gerard S. Driscoll, Robert Fuchs, Kenneth Gray, Incorporated Village of Ocean Beach, Mayor of The Village of Ocean Beach, Theodore Minski, Louis Santora, Village Board of Trustees, Village Board of Zoning Appeals, Village Building Department, Nicholas Weiss. (Panico, Deanna) |
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Filing 10
ORDER OF RECUSAL. Magistrate Judge James M. Wicks recused. Case randomly reassigned to Magistrate Judge Arlene R. Lindsay for all further proceedings. So Ordered by Magistrate Judge James M. Wicks on 9/27/2023. (GO)
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| Filing 9 NOTICE of Appearance by Deanna Darlene Panico on behalf of All Defendants (aty to be noticed) (Panico, Deanna) |
| Filing 8 Summons Issued as to Gerard S. Driscoll, Robert Fuchs, Kenneth Gray, Incorporated Village of Ocean Beach, Mayor of The Village of Ocean Beach, Theodore Minski, Louis Santora, Village Board of Trustees, Village Board of Zoning Appeals, Village Building Department, Nicholas Weiss. (JC) |
| Filing 7 Proposed Summons. by Philip G. Potter (Stanton, Michael) |
| Your proposed summons was not issued for one of the following reasons: No date should be included. The Summons is issued with a date from the Clerks Office, as of the date of issuance Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (JC) |
| Filing 6 Proposed Summons. by Philip G. Potter (Attachments: #1 Proposed Summons Summons to Bldg. Dept., #2 Proposed Summons Summons to Bd. Trustees, #3 Proposed Summons Summons to Mayor, #4 Proposed Summons Summons to Bd. Zoning Appeals, #5 Proposed Summons Summons to Driscoll, #6 Proposed Summons Summons to Minski, #7 Proposed Summons Summons to Weiss, #8 Proposed Summons Summons to Santora, #9 Proposed Summons Summons to Fuchs, #10 Proposed Summons Summons to Gray) (Stanton, Michael) |
| 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. (CL) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Additional attachment(s) added on 9/1/2023: #1 Additional Corrections) (CL). |
| Filing 3 Proposed Summons.Civil Cover Sheet.. by Philip G. Potter (Stanton, Michael) |
| Case Assigned to Judge Gary R. Brown 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) |
| Your proposed summons was not issued for one of the following reasons: The full case caption must appear on the summons. If it does not fit then you must attach a rider to the summonses. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CL) |
| NOTICE: Incomplete Civil Cover Sheet. The Civil Cover Sheet was not filled out correctly - specifically on page 2 the NY-E Division of Business Rule 1(c) section of the document; Counsel is directed to submit a corrected Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (SR) |
| Filing 2 Proposed Summons. by Philip G. Potter (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons, #10 Proposed Summons) (Stanton, Michael) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-17034992 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Philip G. Potter. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Temporary CO, #3 Exhibit 8-8-2010 Final Survey, #4 Exhibit Permanent CO, #5 Exhibit 7-11-2011 Correspondence, #6 Exhibit Voided CO, #7 Exhibit 8-23-2011 Correspondence, #8 Exhibit 8-23-2011 Details on Violation, #9 Exhibit 6-4-2014 Notice of Hearing-Proposed Revocation, #10 Exhibit 6-23-2014 Hearing Transcript, #11 Exhibit 8-14-2014 Report-Recommendation of Village Attorney, #12 Exhibit 11-1-2014 Court Transcript for Dismissal of Matters, #13 Exhibit 10-17-2015 Bd. of Trustees Approved Meeting Minutes, #14 Exhibit Title Report, #15 Exhibit Rental Permit Rejections, #16 Exhibit Decision & Order, #17 Exhibit Decision & Order, #18 Exhibit Notice of Claim w/ AOS) (Stanton, Michael) |
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