Hart et al v. Town of Guilderland et al
| Kevin McDonald, Lisa Hart, Red-Kap Sales, Inc., 1667 Western Avenue, LLC, Thomas Hart and Sarah McDonald |
| Crossgates Releaseco, LLC, Town of Guilderland, Planning Board of Guilderland, Zoning Board of Appeals of Guilderland, Pyramid Management Group, LLC and Rapp Road Development, LLC |
| 1:2020cv00475 |
| April 25, 2020 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Daniel J Stewart |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Document Text |
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| CLERK'S CORRECTION OF DOCKET ENTRY re #34 Reply to Response to Motion. Corrected case number. (khr) |
| Filing 35 MEMORANDUM OF LAW re #29 Motion to Dismiss/Lack of Subject Matter Jurisdiction,,, Motion to Dismiss for Failure to State a Claim,, filed by Crossgates Releaseco, LLC, Planning Board of Guilderland, Pyramid Management Group, LLC, Rapp Road Development, LLC, Town of Guilderland, Zoning Board of Appeals of Guilderland. (Rosborough, Robert) |
| Filing 34 REPLY to Response to Motion re #29 MOTION to Dismiss for Lack of Subject Matter Jurisdiction MOTION to Dismiss for Failure to State a Claim Declaration of Roger Keating, P.E. filed by Crossgates Releaseco, LLC, Planning Board of Guilderland, Pyramid Management Group, LLC, Rapp Road Development, LLC, Town of Guilderland, Zoning Board of Appeals of Guilderland. (Attachments: #1 Exhibit(s) A to Keating Declaration (CV))(Rosborough, Robert) (Main Document 34 replaced on 6/23/2020) (khr, ). |
| Filing 33 REPLY to Response to Motion re #29 MOTION to Dismiss for Lack of Subject Matter Jurisdiction MOTION to Dismiss for Failure to State a Claim Reply Declaration of Kenneth Kovalchik filed by Crossgates Releaseco, LLC, Planning Board of Guilderland, Pyramid Management Group, LLC, Rapp Road Development, LLC, Town of Guilderland, Zoning Board of Appeals of Guilderland. (Attachments: #1 Exhibit(s) A to Kovalchik Reply Declaration (Pyramid Site Plan), #2 Exhibit(s) B to Kovalchik Reply Declaration (Town Code 247-30), #3 Exhibit(s) C to Kovalchik Reply Declaration (Town Code 247-1), #4 Exhibit(s) D to Kovalchik Reply Declaration (Rapp Rd. Subdivision Application))(Rosborough, Robert) |
| Filing 32 RESPONSE in Opposition re #29 MOTION to Dismiss for Lack of Subject Matter Jurisdiction MOTION to Dismiss for Failure to State a Claim on behalf of plaintiffs filed by Lisa Hart. (Attachments: #1 Declaration Engineer's Declaration, #2 Exhibit(s) CV, #3 Exhibit(s) Analysis of clearcut acreage)(Bacon, James) |
| Filing 31 MOTION for Leave to File Brief of Amicus Curiae filed by Save the Pine Bush Inc.. (Attachments: #1 Memorandum of Law In support of Motion for Leave to File Amicus Brief, #2 Exhibit(s) Proposed Amicus Curiae Brief) Motions referred to Daniel J. Stewart. (Ommen, Todd) |
| Filing 30 MEMORANDUM-DECISION AND ORDER denying #2 Motion for Preliminary Injunction: The Court hereby ORDERS that Plaintiffs' motion to for a preliminary injunction (Dkt. No. 2) is DENIED; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 6/1/20. (ban) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #28 Motion for Preliminary Injunction. Corrected TEXT to correct the name of document. (khr) |
| Filing 29 MOTION to Dismiss for Lack of Subject Matter Jurisdiction , MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 6/30/2020 09:30 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 6/15/2020 Reply to Response to Motion due by 6/19/2020. filed by Crossgates Releaseco, LLC, Planning Board of Guilderland, Pyramid Management Group, LLC, Rapp Road Development, LLC, Town of Guilderland, Zoning Board of Appeals of Guilderland. (Attachments: #1 Declaration of Robert S. Rosborough IV, #2 Exhibit(s) A to Declaration of Robert S. Rosborough IV (May 13, 2020 Town of Guilderland Planning Board Public Hearing Transcript), #3 Memorandum of Law) (Rosborough, Robert) |
| Filing 28 REPLY to MOTION for Preliminary Injunction #2 filed by Lisa Hart. (Bacon, James) Modified on 5/26/2020 (khr). |
| Filing 27 MEMORANDUM OF LAW re #2 Motion for Preliminary Injunction,,,,, filed by Crossgates Releaseco, LLC, Planning Board of Guilderland, Pyramid Management Group, LLC, Rapp Road Development, LLC, Town of Guilderland, Zoning Board of Appeals of Guilderland. (Rosborough, Robert) |
| Filing 26 AFFIDAVIT in Opposition re #2 MOTION for Preliminary Injunction of Robert S. Rosborough IV filed by Crossgates Releaseco, LLC, Planning Board of Guilderland, Pyramid Management Group, LLC, Rapp Road Development, LLC, Town of Guilderland, Zoning Board of Appeals of Guilderland. (Attachments: #1 Exhibit(s) A (Decision and Order in Matter of Tresselt v. Town of Guilderland Zoning Bd. of Appeals))(Rosborough, Robert) |
| Filing 25 AFFIDAVIT in Opposition re #2 MOTION for Preliminary Injunction of James Soos filed by Crossgates Releaseco, LLC, Planning Board of Guilderland, Pyramid Management Group, LLC, Rapp Road Development, LLC, Town of Guilderland, Zoning Board of Appeals of Guilderland. (Attachments: #1 Exhibit(s) A (Site Plan))(Rosborough, Robert) |
| Filing 24 AFFIDAVIT in Opposition re #2 MOTION for Preliminary Injunction of Kenneth Kovalchik filed by Crossgates Releaseco, LLC, Planning Board of Guilderland, Pyramid Management Group, LLC, Rapp Road Development, LLC, Town of Guilderland, Zoning Board of Appeals of Guilderland. (Attachments: #1 Exhibit(s) A (Westmere Study), #2 Exhibit(s) B (Local Law #4), #3 Exhibit(s) C (Site Plan Showing Berm), #4 Exhibit(s) D (Exit Options), #5 Exhibit(s) E (SEQRA EAF Parts 1-3), #6 Exhibit(s) F (SEQRA Positive Declaration), #7 Exhibit(s) G (Special Use Permit Application), #8 Exhibit(s) H (Resolution Accepting SEQRA Draft EIS), #9 Exhibit(s) I (Town Tree Cutting Notice), #10 Exhibit(s) J (Wetlands Photos), #11 Exhibit(s) K (Tree Cutting Report))(Rosborough, Robert) |
| Filing 23 AFFIDAVIT in Opposition re #2 MOTION for Preliminary Injunction of Michael Bontje filed by Crossgates Releaseco, LLC, Planning Board of Guilderland, Pyramid Management Group, LLC, Rapp Road Development, LLC, Town of Guilderland, Zoning Board of Appeals of Guilderland. (Attachments: #1 Exhibit(s) A (Curriculum Vitae), #2 Exhibit(s) B (Site Plan), #3 Exhibit(s) C (Relevant Portion of Report), #4 Exhibit(s) D (Aerial photograph map), #5 Exhibit(s) E (Correspondence from NYSDEC), #6 Exhibit(s) F (Water Test Results), #7 Exhibit(s) G (Albany Pine Bush Preserve Commission's Letter))(Rosborough, Robert) |
| Filing 22 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Crossgates Releaseco, LLC identifying Corporate Parent Crossgates Land Company, LLC for Crossgates Releaseco, LLC.. (Rosborough, Robert) |
| Filing 21 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Rapp Road Development, LLC identifying Corporate Parent Crossgates Land Company, LLC for Rapp Road Development, LLC.. (Rosborough, Robert) |
| Filing 20 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Pyramid Management Group, LLC. (Rosborough, Robert) |
| Filing 19 NOTICE of Appearance by Robert L. Sweeney on behalf of Crossgates Releaseco, LLC, Pyramid Management Group, LLC, Rapp Road Development, LLC (Sweeney, Robert) |
| TEXT Minute Entry for Telephone Pre-Motion Conference held on 5/18/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by James Bacon, Esq. for the Plaintiff; James Melita, Esq. for the Town defendants; and Robert Rosborough, Esq. for the Pyramid defendants; Judge D'Agostino addresses counsel regarding the defendant's pre-motion letter requests. Counsel are to file their motions to dismiss on or before 5/25/20; The motions shall be made returnable for June 30, 2020 (ON SUBMIT) before Judge D'Agostino; The plaintiff's response papers shall be filed on or before 6/15/20; Reply papers are to be filed on or before 6/19/20. The motions will be decided on the submission of the papers only. No personal appearances are necessary. (Court Reporter Jacqueline Stroffolino, CRD Britney Norton [Time 12:00 p.m. - 12:30 p.m.]) (ban) |
| Filing 18 WAIVER OF POTENTIAL CONFLICT BY ALL PARTIES - this case will remain assigned to Judge D'Agostino.(ban) |
| ***Answer due date updated for Planning Board of Guilderland answer due 6/24/2020; Town of Guilderland answer due 6/24/2020; Zoning Board of Appeals of Guilderland answer due 6/24/2020. (dpk) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Town of Guilderland. (Melita, James) |
| Filing 16 NOTICE of Appearance by James P. Melita, Jr on behalf of Town of Guilderland (Melita, James) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Rapp Road Development, LLC, Crossgates Releaseco, LLC, Pyramid Management Group, LLC. Rapp Road Development, LLC waiver sent on 4/25/2020, answer due 6/24/2020; Crossgates Releaseco, LLC waiver sent on 4/25/2020, answer due 6/24/2020; Pyramid Management Group, LLC waiver sent on 4/25/2020, answer due 6/24/2020. (ban) |
| Filing 14 RESPONSE TO LETTER BRIEF filed by Lisa Hart as to #13 Letter Request/Motion filed by Town of Guilderland, #10 Letter Request/Motion, filed by Pyramid Management Group, LLC, Rapp Road Development, LLC, Crossgates Releaseco, LLC . (Bacon, James) |
| Filing 13 Letter Motion from James P. Melita, Esq. for Town of Guilderland requesting pre-trial motion conference submitted to Judge Hon. Mae A.D'Agostino, U.S. District Judge . (Melita, James) |
| Filing 12 NOTICE of Appearance by Gabriella Levine on behalf of Crossgates Releaseco, LLC, Pyramid Management Group, LLC, Rapp Road Development, LLC (Levine, Gabriella) |
| Filing 11 RESPONSE to Motion re #8 Letter regarding service Letter Motion from James Bacon for Lisa Hart requesting Plaintiffs submitted to Judge Hon. Mae A. D'Agostino filed by Pyramid Management Group, LLC, Rapp Road Development, LLC. (Attachments: #1 Exhibit(s) Executed Waiver of Service)(Rosborough, Robert) |
| Filing 10 Letter Motion from Robert Rosborough for Crossgates Releaseco, LLC, Pyramid Management Group, LLC, Rapp Road Development, LLC requesting Pre-Motion Conference in Anticipation of Filing a Motion to Dismiss the Complaint submitted to Judge Hon. Mae A. D'Agostino . (Rosborough, Robert) |
| Filing 9 NOTICE of Appearance by Robert S. Rosborough, IV on behalf of Crossgates Releaseco, LLC, Pyramid Management Group, LLC, Rapp Road Development, LLC (Rosborough, Robert) |
| Filing 8 Letter regarding service Letter Motion from James Bacon for Lisa Hart requesting Plaintiffs submitted to Judge Hon. Mae A. D'Agostino . (Bacon, James) |
| Filing 7 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (pjh, ) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/22/2020 at 10:30 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/15/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, ) |
| Filing 3 Summons Issued as to Crossgates Releaseco, LLC. (Attachments: #1 Summons Issued as to the Planning Board of Guilderland, #2 Summons Issued as to the Town of Guilderland, #3 Summons Issued as to the Zoning Board of Appeals of Guilderland, #4 Summons Issued as to Pyramid Management Group, LLC, #5 Summons Issued as to Rapp Road Development, LLC)(pjh, ) |
| Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by 1667 Western Avenue, LLC. (pjh, ) |
| Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Red-Kap Sales, Inc. (pjh, ) |
| Filing 2 MOTION for Preliminary Injunction Motion Hearing set for 6/2/2020 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 5/18/2020 Reply to Response to Motion due by 5/22/2020. filed by 1667 Western Avenue, LLC, Lisa Hart, Thomas Hart, Kevin McDonald, Sarah McDonald and Red-Kap Sales, Inc.. (Attachments: #1 Memorandum of Law, #2 Affidavit of Dr. Erik Kiviat, #3 Dr. Erik Kiviat Curriculum Vitae, #4 Affidavit of Lisa Hart, #5 Attachment 1 to Lisa Hart Affidavit, #6 Attachment 2 to Lisa Hart Affidavit, #7 Affidavit of Kevin McDonald, #8 Attachment 1 to Kevin McDonald Affidavit, #9 Affidavit of James Bacon, Esq., #10 Complaint, #11 Exhibit A, #12 Exhibit B, #13 Exhibit C, #14 Exhibit D, #15 Exhibit E, #16 Exhibit F, #17 Exhibit G, #18 Exhibit H, #19 Exhibit I, #20 Exhibit J, #21 Exhibit K, #22 Exhibit L, #23 Exhibit M, #24 Exhibit N, #25 Exhibit O, #26 Exhibit P, #27 Exhibit Q, #28 Exhibit R, #29 Exhibit S, #30 Exhibit T, #31 Exhibit U, #32 Exhibit V, #33 Exhibit W, #34 Exhibit W-1, #35 Exhibit W-2, #36 Exhibit X, #37 Exhibit Y, #38 Exhibit Z, #39 Exhibit AA, #40 Exhibit BB, #41 Exhibit CC, #42 Exhibit DD, #43 Exhibit EE, #44 Exhibit FF, #45 Exhibit GG) (pjh, ) |
| Filing 1 COMPLAINT against Crossgates Releaseco, LLC, Planning Board of Guilderland, Pyramid Management Group, LLC, Rapp Road Development, LLC, Town of Guilderland and Zoning Board of Appeals of Guilderland (Filing fee $400 receipt number ANYNDC-5102037) filed by Red-Kap Sales, Inc., Lisa Hart, Sarah McDonald, 1667 Western Avenue, LLC, Thomas Hart and Kevin McDonald. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit W-1, #25 Exhibit W-2, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Exhibit DD, #33 Exhibit EE, #34 Exhibit FF, #35 Exhibit GG, #36 Affidavit of Dr. Erik Kiviat, #37 Dr. Erik Kiviat Curriculum Vitae, #38 Affidavit of Lisa Hart, #39 Attachment 1 to Lisa Hart Affidavit, #40 Attachment 2 to Lisa Hart Affidavit, #41 Affidavit of Kevin McDonald, #42 Attachment 1 to Kevin McDonald Affidavit, #43 Affidavit of James Bacon, Esq., #44 Civil Cover Sheet)(pjh, ) |
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