Noghreh et al v. Village Of Kings Point et al
| Mojdeh Noghreh and Arman Noghreh |
| Village of Kings Point Architectural Review Board, Chris Aiossa, Sandy Kamali, Daniel Kamali, Steven Patak, Kouros Torkan, Megan Kamali, Village Of Kings Point, Hooshang Nematzadeh, Tedi Kashinejad and John and Jane Does #1-10 |
| 2:2024cv07209 |
| October 15, 2024 |
| U.S. District Court for the Eastern District of New York |
| Gary R Brown |
| Steven Tiscione |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
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| Filing 14 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiffs Arman Noghreh and Mojdeh Noghreh take nothing of defendants Village of Kings Point, Kouros Torkan, Chris Aiossa, Steven Patak, Tedi Kashinejad, Hooshang Nemtzadeh, Village of Kings Point Architectural Review Board, Sandy Kamali, Daniel Kamali, Meghan Kamali, and John and Jane Does #1 - 10; that this case is dismissed for lack of subject matter jurisdiction; and that this case is closed. Ordered by Clerk of Court on 11/1/2024. (JT) |
| Filing 13 REPLY in Opposition re #8 Letter filed by Hooshang Nematzadeh, Sandy Kamali, Village of Kings Point Architectural Review Board, Village Of Kings Point, Kouros Torkan, Chris Aiossa, Steven Patak, Tedi Kashinejad. (Casey, Maureen) |
| Filing 12 NOTICE of Appearance by Maureen Casey on behalf of Hooshang Nematzadeh, Sandy Kamali, Village of Kings Point Architectural Review Board, Village Of Kings Point, Kouros Torkan, Chris Aiossa, Steven Patak, Tedi Kashinejad (aty to be noticed) (Casey, Maureen) |
ORDER DISMISSING CASE: Having reviewed the parties submissions in response to the October 15, 2024, Electronic Order, the Court concludes that plaintiffs have not properly invoked this Courts subject matter jurisdiction. As all named parties are conceded to be citizens of New York, subject matter jurisdiction turns on whether plaintiffs have presented a valid federal question under 28 U.S.C. 1331. "The presence or absence of federal-question jurisdiction is governed by the 'well-pleaded complaint rule,' which provides that federal jurisdiction exists only when a federal question is presented on the face of the plaintiff's properly pleaded complaint." Whitehurst v. 1199SEIU United Healthcare Workers E., 928 F.3d 201, 206 (2d Cir. 2019). Although plaintiffs attempt to cast their property disputes with their neighbors as giving rise to claims under the Takings, Equal Protection, and Due Process Clauses, this is an obvious attempt to recharacterize a neighborhood property dispute as a series of constitutional injuries. Gounden v. Campagna, 487 Fed. Appx 624, 627 (2d Cir. 2012). Plaintiffs case, stripped of its veneer, is a nuisance and trespass suit that is properly resolved in state court. Accordingly, plaintiffs have not stated a plausible federal claim, and this matter is DISMISSED for lack of subject matter jurisdiction. The Clerk of the Court is directed to close the case. Ordered by Judge Gary R. Brown on 10/31/2024. (KN)
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| Filing 11 REPLY in Opposition re #8 Letter Brief filed by Daniel Kamali, Megan Kamali. (Attachments: #1 Exhibit Gamarra v. Paul, 2024 U.S. Dist. LEXIS 189176, #2 Exhibit Gounden v. Campagna, 487 Fed. Appx. 624, #3 Exhibit Sunvestment Energy Grp. NY 64 LLC v. Nat'l Grid USA Servs. Co., 2024 U.S. App. LEXIS 22690) (Tobio, Elizabeth) |
| Filing 10 First MOTION for Extension of Time to File Response/Reply by Village Of Kings Point. (Casey, Maureen) |
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ORDER granting #10 Motion for Extension of Time to File Response/Reply. Defendants' deadline to respond is extended to November 2, 2024. Ordered by Judge Gary R. Brown on 10/23/2024. (KN)
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| Filing 9 Letter to Court by Village Of Kings Point (Casey, Maureen) |
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ORDER finding as moot #7 Motion for Extension of Time to File. The Court construes plaintiff's filing in DE #8 as a timely response to its Electronic Order dated October 15, 2024. Ordered by Judge Gary R. Brown on 10/21/2024. (KN)
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| Filing 8 Letter Brief by Arman Noghreh, Mojdeh Noghreh (Attachments: #1 Certificate of Service Rule 65 Certification, #2 Certificate of Service Time Stamped Complaint and email notice) (Adhami, David) |
| Filing 7 First MOTION for Extension of Time to File letter brief by Arman Noghreh, Mojdeh Noghreh. (Adhami, David) |
| Filing 6 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (LJ) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 4 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Mojdeh Noghreh, Arman Noghreh. (LJ) |
| Filing 3 Civil Cover Sheet.. Re #1 First MOTION for Order to Show Cause Requesting TRO by Arman Noghreh, Mojdeh Noghreh (Adhami, David) |
| Filing 2 AFFIDAVIT/AFFIRMATION re #1 First MOTION for Order to Show Cause Requesting TRO Proposed Order to Show Cause by Arman Noghreh, Mojdeh Noghreh, Unsigned Order to Show Cause by Arman Noghreh, Mojdeh Noghreh (Attachments: #1 Mojdeh Noghreh Affidavit, #2 Mojdeh Ex 1, #3 Mojdeh Ex 2, #4 Mojdeh Ex 3, #5 Mojdeh Ex 4, #6 Mojdeh Ex 5, #7 Mojdeh Ex 6, #8 Mojdeh Ex 7, #9 Mojdeh Ex 7A, #10 Mojdeh Ex 8, #11 Mojdeh Ex 9, #12 Mojdeh Ex 10, #13 Mojdeh Ex 11, #14 Mojdeh Ex 12, #15 Mojdeh Ex 13, #16 Mojdeh Ex 14, #17 Mojdeh Ex 15, #18 Mojdeh Ex 16, #19 Mojdeh Ex 17, #20 Mojdeh Ex 18, #21 Mojdeh Ex 19, #22 Mojdeh Ex 20, #23 Mojdeh Ex 21, #24 Mojdeh Ex 22, #25 Mojdeh Ex 23, #26 Mojdeh Ex 24, #27 Mojdeh Ex 25, #28 Mojdeh Ex 26, #29 Mojdeh Ex 27, #30 Mojdeh Ex 28, #31 Mojdeh Ex 29, #32 Mojdeh Ex 30, #33 Mojdeh Ex 31, #34 Mojdeh Ex 32, #35 Mojdeh Ex 33, #36 Mojdeh Ex 34, #37 Mojdeh Ex 35, #38 Mojdeh Ex 36, #39 Mojdeh Ex 37, #40 Mojdeh Ex 38, #41 Mojdeh Ex 39, #42 Mojdeh Ex 40, #43 Mojdeh Ex 41) (Adhami, David) |
| Filing 1 First MOTION for Order to Show Cause Requesting TRO by Arman Noghreh, Mojdeh Noghreh. (Attachments: #1 Complaint, #2 Adhami Declaration, #3 Adhami Ex 1, #4 Adhami Ex 2, #5 Adhami Ex 2, #6 Adhami Ex 3, #7 Adhami Ex 4, #8 Adhami Ex 4 Pesce Survey, #9 Adhami Ex 5, #10 Adhami LaRue Survey, #11 Arman Affidavit, #12 Arman Ex 1, #13 Arman Ex 2, #14 Arman Ex 2B, #15 Arman Ex 3, #16 Arman Ex 4A, #17 Arman Ex 4B, #18 Arman Ex 4C, #19 Arman Ex 5, #20 Arman Ex 5B, #21 Arman Ex 6, #22 Arman Ex 7, #23 Arman Ex 7B, #24 Arman Ex 8A, #25 Arman Ex 8B, #26 Arman Ex 9, #27 Arman Ex 10, #28 Arman Ex 11A, #29 Arman Ex11B, #30 Arman Ex 12, #31 Arman Ex 13, #32 Arman Ex 14, #33 Arman Ex 14B, #34 Arman Ex 15, #35 Arman Ex16, #36 Arman Ex 17, #37 Arman Ex 18, #38 Arman Ex 19, #39 Arman Ex 20, #40 Arman Ex 21, #41 Arman Ex 22, #42 Arman Ex 23, #43 Arman Ex 24, #44 Arman Ex 25, #45 Arman Ex 26, #46 Arman Ex 27A, #47 Arman Ex 27 B, #48 Arman Ex 27 C, #49 Arman Ex 27D grade manipulation, #50 Arman Ex 27D grade manipulation, #51 Arman Ex 27D grade manipulation, #52 Arman Ex 27D grade manipulation, #53 Arman Ex 27D grade manipulation, #54 Arman Ex 27D grade manipulation, #55 Arman Ex 27D grade manipulation, #56 Arman Ex 27D grade manipulation, #57 Arman Ex 28, #58 Arman Ex 29, #59 Arman Ex 30, #60 Arman Ex 31, #61 Arman Ex 32, #62 Arman Ex 15 B) (Adhami, David) |
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ORDER denying #1 Motion for Order to Show Cause. Plaintiffs have filed a proposed Order to Show Cause seeking temporary injunctive relief in an action that appears to be nothing more than a workaday zoning dispute. That application is denied for several reasons including the following: first, counsel fails to comply with Rule 65's requirements that plaintiff's counsel must certify the actions taken to notify opposing counsel or provide explanation as to why such notice could not be provided. Second, and more importantly, despite its unnecessary heft, the application is bereft of any "immediate and irreparable" harm "that will result absent such extraordinary relief," and the grounds posited are purely speculative--ranging from mudslides to electrocution. Moreover, having examined the filings, the Court has grave reservations about the existence of subject matter jurisdiction over this matter, and for avoidance of doubt, the use of mails and wires will not suffice to convey jurisdiction under these circumstances. Counsel is therefore directed to file and serve a letter brief of no more than three pages in length setting forth specific facts and authorities that support the exercise of jurisdiction in this matter by Friday, October 18, 2024. Defense counsel may respond with a filing of equal length by October 25, 2024. Ordered by Judge Gary R. Brown on 10/15/2024. (KN)
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| A summons was not issued for the following reason: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ) |
| 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. (LJ) |
| ***Notice: Re: Civil Cover Sheet. A Civil Cover Sheet was not filed; the Clerk's Office cannot assign this case without a Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) |
| CIVIL CASE FILING FEE: $ 405, receipt number ANYEDC-18385161 (Adhami, David) |
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