New Cingular Wireless PCS, LLC v. The Town of Colonie
| New Cingular Wireless PCS, LLC doing business as AT&T Mobility |
| The Town of Colonie |
| 1:2020cv01388 |
| November 9, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Glenn T Suddaby |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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TEXT NOTICE re #19 Cross-Motion for Summary Judgment: Pursuant to the Text Order issued on 1/15/2021 by Chief Judge Glenn T. Suddaby, Defendant's opposition to Plaintiff's #19 Rule 56 motion and reply in further support of its #14 motion to dismiss shall be filed by March 30, 2021; Plaintiff, subject to leave of the Court pursuant to Local Rule 7.1(c), shall file a reply in further support of its #19 cross motion by April 13, 2021. (sal)
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| Filing 19 Cross MOTION for Summary Judgment Response to Motion due by 3/19/2021. Reply to Response to Motion due by 3/26/2021 filed by New Cingular Wireless PCS, LLC. (Attachments: #1 Declaration Melissa Semidey Finley's Declaration, #2 Exhibit(s) 1 to Finley Dec - 8-13-20 Application_Letter to Town of Colonie (Small Cell), #3 Exhibit(s) 2 to Finley Dec - AT&Ts August 13, 2020 cover letter EFR Application, #4 Exhibit(s) 3 to Finley Dec - Notice of deficiency on AT&Ts EFR Application, #5 Exhibit(s) 4 to Finley Dec - Mr. Spenzieros September 4, 2020 email, #6 Exhibit(s) 5 to Finley Dec - September 8, 2020, AT&T, via Centerline Email, #7 Exhibit(s) 6 to Finley Dec - Colonie Fees - MCA, #8 Declaration Christopher Fisher's Declaration, #9 Exhibit(s) 1 to Fisher Dec - Emails September 4, 2020 through September 28, 2020 with Town Attorney for the Town of Colonie, #10 Exhibit(s) 2 to Fisher Dec - September 23, 2020 Letter to Spath, #11 Exhibit(s) 3 to Fisher Dec - Chapter 173 of Colonie Town Code, #12 Exhibit(s) 4 to Fisher Dec - Chapter 189 of Colonie Town Code, #13 Exhibit(s) 5 to Fisher Dec - Town of Colonies Commercial Fee Schedule, #14 Exhibit(s) 6 to Fisher Dec - Judgment in the matter ExteNet Systems, Inc. v. Town of North Hempstead, No. 20-cv-354, #15 Statement of Material Facts Plaintiff's Statement of Undisputed Material Facts, #16 Memorandum of Law Plaintiff's Memorandum of Law in Opposition to Defendant's Partial Motion to Dismiss and in Support of its Cross Motion for Summary Judgment) (Goodhouse, Brendan) |
| TEXT NOTICE of Hearing: A telephonic Status Conference is set for 5/27/2021 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (nmk) |
| TEXT Minute Entry for telephonic Initial Pretrial Conference held on 2/9/2021 before U.S. Magistrate Judge Andrew T. Baxter: Court discusses how counsel plan to proceed while the #14 motion to dismiss is pending. Counsel will proceed with an initial, limited phase of written discovery. A follow-up telephonic status conference is set for 5/27/2021 at 10:30 AM. Appearances: Brendan Goodhouse, Esq. and Ray Bolanos, Esq. for plaintiff; Brett French, Esq. for defendant. Time: 10:30 AM - 10:42 AM. (nmk) |
| Filing 18 AFFIDAVIT Affidavit of Service by The Town of Colonie. (Rowley, David) |
| TEXT NOTICE of Hearing: The telephonic Rule 16 Conference set for 2/8/2021 is rescheduled in TIME ONLY and will now be held at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter Access Code 3362194 to connect to the conference. (nmk) |
| Filing 17 STATUS REPORT on behalf of both parties in advance of the February 8, 2021 Initial Conference by New Cingular Wireless PCS, LLC. (Goodhouse, Brendan) |
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Filing 16
TEXT ORDER granting #15 Letter Request for an extension of the briefing schedule re the #14 Motion to Dismiss as follows: Plaintiff's opposition to Defendant's Rule 12 motion and cross motion for summary judgment to be filed by February 26, 2021; Defendant's opposition to Plaintiff's Rule 56 motion and reply in further support of its motion to dismiss shall be filed by March 30, 2021; Plaintiff, subject to leave of the Court pursuant to Local Rule 7.1(c), shall file a reply in further support of its cross motion by April 13, 2021. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/15/2021. (sal)
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| Filing 15 Letter Motion from Brendan Goodhouse for New Cingular Wireless PCS, LLC requesting that the Court order the enclosed briefing schedule, to which the parties have consented, for (1) Defendants motion to dismiss and (2) Plaintiffs cross motion for summary judgment submitted to Judge Hon. Andrew T. Baxter . (Goodhouse, Brendan) |
| TEXT NOTICE re Motion #14 to Dismiss : Response to motion remains due by 1/27/2021. Any reply remains due by 2/3/2021. This motion is taken on submission of the papers and returnable before Chief Judge Glenn T. Suddaby. No appearances are required. (sal ) |
| Filing 14 MOTION to Dismiss Response to Motion due by 1/27/2021. Reply to Response to Motion due by 2/3/2021 filed by The Town of Colonie. (Attachments: #1 Affirmation, #2 Exhibit(s) Exhibit A to Atty Affirmation, #3 Memorandum of Law) (Minniefield, Matthew) |
| Filing 13 NOTICE of Appearance by Brett D. French on behalf of The Town of Colonie (French, Brett) |
| Filing 12 NOTICE of Appearance by David C. Rowley on behalf of The Town of Colonie (Rowley, David) |
| Filing 11 TEXT ORDER: granting #10 Letter Request. The time for The Town of Colonie to answer or otherwise respond to the complaint is extended to 1/6/2021. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/9/2020. (nmk) |
| Filing 10 Letter Motion from Matthew E. Minniefield for The Town of Colonie requesting upon consent of all parties, extension of time to answer or otherwise respond to complaint submitted to Judge Baxter . (Attachments: #1 Stipulation)(Minniefield, Matthew) |
| Filing 9 NOTICE of Appearance by Matthew E Minniefield on behalf of The Town of Colonie (Minniefield, Matthew) |
| Filing 8 TEXT ORDER: granting #7 Motion for Limited Admission Pro Hac Vice. Attorney Raymond P. Bolanos is hereby admitted to practice in this action on behalf of New Cingular Wireless PCS, LLC. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/25/2020. (nmk) |
| Filing 7 MOTION for Limited Admission Pro Hac Vice of RAYMOND P. BOLANOS Filing fee $100, receipt number ANYNDC-5325998. filed by New Cingular Wireless PCS, LLC. (Attachments: #1 Declaration Declaration of Brendan M. Goodhouse, #2 Petition for Admission to Practice of Raymond P. Bolanos, #3 New Attorney E-Filing Registration Form, #4 Certificate of Good Standing for Raymond P. Bolanos) Motions referred to Andrew T. Baxter. (Goodhouse, Brendan) |
| Filing 6 SUMMONS Returned Executed by New Cingular Wireless PCS, LLC. The Town of Colonie served on 11/16/2020, answer due 12/7/2020. (Goodhouse, Brendan) |
| Filing 5 NOTICE of Admission Requirement ; Attorney Raymond P. Bolanos, Email address is rb2659@att.com. Phone number is 415-268-9491. Admissions due by 11/24/2020. {Notice served upon attorney via e-mail}(pjh, ) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 2/8/2021 at 11:00 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/1/2021. (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 The Town of Colonie. (pjh, ) |
| Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by New Cingular Wireless PCS, LLC identifying Corporate Parent AT&T, Inc. for New Cingular Wireless PCS, LLC. (pjh, ) |
| Filing 1 COMPLAINT against The Town of Colonie (Filing fee $400 receipt number ANYNDC-5310895) filed by New Cingular Wireless PCS, LLC. (Attachments: #1 Civil Cover Sheet)(pjh, ) |
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