New Cingular Wireless PCS, LLC v. The Planning Board of the Town of Corinth et al
| New Cingular Wireless PCS, LLC doing business as AT&T Mobility |
| The Town of Corinth, The Town of Corinth Building Department and The Planning Board of the Town of Corinth |
| Thomas J. Fucillo |
| 1:2021cv00149 |
| February 5, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Brenda K Sannes |
| Other Statutory Actions |
| 47 U.S.C. § 332 Telecommunications Act of 1996. |
| None |
Docket Report
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| Filing 47 JUDGMENT: IT IS ORDERED AND ADJUDGED that Plaintiff's motion for summary judgment, is GRANTED in part and DENIED in part; and it is further ORDERED that Plaintiff's motion for summary judgment, is GRANTED with regard to Plaintiff's effective prohibition claim under 47 U.S.C. 332(c) (7)(B)(i)(II); and it DENIED as moot; and it is further ORDERED that Defendants' motion for summary judgment, is DENIED with regard to Plaintiffs effective prohibition claim under 47 U.S.C. 3329(c)(7)(B)(i)(II); and it is further ORDERED that Defendants' motion for summary judgment, is otherwise DENIED as moot; and it is further ORDERED that Defendants immediately approve Plaintiff's Site Plan Application and grant and issue any and all approvals, variances, or permits as necessary to allow Plaintiff to place, construct, and operate the Proposed Facility at the Proposed Site. Pursuant to the order of the Honorable Brenda K. Sannes, dated September 1, 2023. (mgh) (Additional attachment(s) added on 9/5/2023: #1 FRAP- Rule 4. Appeal as of Right) (mgh, ). |
Filing 46
MEMORANDUM-DECISION AND ORDER: ORDERED that Plaintiff's motion for summary judgment, (Dkt. No. #37 ), is GRANTED in part and DENIED in part; and it is further ORDERED that Plaintiff's motion for summary judgment, (Dkt. No. #37 ), is GRANTED with regard to Plaintiff's effective prohibition claim under 47 U.S.C. 332(c) (7)(B)(i)(II); and it is further ORDERED that Plaintiff's motion for summary judgment, (Dkt. No. #37 ), is otherwise DENIED as moot; and it is further ORDERED that Defendants' motion for summary judgment, (Dkt. No. #42 ), is DENIED with regard to Plaintiffs effective prohibition claim under 47 U.S.C. 3329(c)(7)(B)(i)(II); andit is further ORDERED that Defendants' motion for summary judgment, (Dkt. No. #42 ), is otherwise DENIED as moot; and it is further ORDERED that Defendants immediately approve Plaintiff's Site Plan Application and grant and issue any and all approvals, variances, or permits as necessary to allow Plaintiff to place, construct, and operate the Proposed Facility at the Proposed Site; and it is further ORDERED that the Clerk of the Court shall enter judgment in favor of Plaintiff and close this case. Signed by Chief Judge Brenda K. Sannes on 9/1/2023. (mgh)
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| TEXT Minute Entry for Motion Hearing held on 8/3/2023 before Chief Judge Brenda K. Sannes as to the #37 MOTION for Summary Judgment and #42 Cross MOTION for Summary Judgment. The court hears arguments and questions counsel. Motions are taken under submission. A written order will be issued. Appearances: Andrew Joseph, Esq. for plaintiff; Mary Kissane, Esq. for defendants. (Court Reporter: Jodi Hibbard. Time: 10:06 a.m. - 10:33 a.m.) (nmk) |
| TEXT NOTICE of Hearing re #37 MOTION for Summary Judgment and #42 Cross MOTION for Summary Judgment: Due to a change in the court's calendar, the Motion Hearing is reset for 8/3/2023 at 10:00 AM in Syracuse before Chief Judge Brenda K. Sannes. (nmk) |
| TEXT NOTICE of Hearing re #37 MOTION for Summary Judgment and #42 Cross MOTION for Summary Judgment: A Motion Hearing is set for 7/6/2023 at 02:00 PM in Syracuse before Chief Judge Brenda K. Sannes. (nmk) |
| Filing 45 RESPONSE to Motion re #42 Cross MOTION for Summary Judgment filed by The Planning Board of the Town of Corinth, The Town of Corinth, The Town of Corinth Building Department. Motion returnable before Judge Brenda K. Sannes., #37 MOTION for Summary Judgment filed by New Cingular Wireless PCS, LLC. Motion returnable before Judge Hon. Brenda K. Sannes. Reply Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment filed by New Cingular Wireless PCS, LLC. (Attachments: #1 Declaration of T.D. Fleming in support of Plaintiff's Motion for Summary Judgment, #2 Statement of Material Facts Plaintiff's Response to Defendants' Statement of Undisputed Material Facts)(Joseph, Andrew) |
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Filing 44
TEXT ORDER: re #43 letter requesting clarification. A combined reply to the #37 motion for summary judgment and response to the #42 cross-motion for summary judgment is due by 2/3/2023. SO ORDERED by Chief Judge Brenda K. Sannes on 1/4/2023. (nmk)
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| Filing 43 Letter Motion from Plaintiff for New Cingular Wireless PCS, LLC requesting Clarification of Briefing Schedule submitted to Judge Brenda K. Sannes . (Joseph, Andrew) |
| Filing 42 Cross MOTION for Summary Judgment filed by The Planning Board of the Town of Corinth, The Town of Corinth, The Town of Corinth Building Department. Motion returnable before Judge Brenda K. Sannes. Response to Motion due by 1/13/2023. Reply to Response to Motion due by 1/20/2023 (Attachments: #1 Memorandum of Law in Opposition to Plaintiffs Motion for Summary Judgment and in Support of Defendants Cross-Motion for Summary Judgment, #2 Affirmation of Mary Elizabeth Kissane in Opposition of Plaintiffs Motion and in Support of Cross-Motion, #3 Statement of Material Facts of Defendants, #4 Statement of Material Facts Response to Plaintiffs Statement of Undisputed Material Facts) (Kissane, Mary Elizabeth) |
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Filing 41
TEXT ORDER: Amending the 39 Text Order. Defendants' response to the 37 Motion for Summary Judgment is due by 12/30/2022. SO ORDERED by Chief Judge Brenda K. Sannes on 11/8/2022. (nmk)
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| Filing 40 Letter Motion from Defendant for The Planning Board of the Town of Corinth, The Town of Corinth, The Town of Corinth Building Department requesting Correction to Text Order submitted to Judge Brenda K. Sannes . (Kissane, Mary Elizabeth) |
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Filing 39
TEXT ORDER: granting #38 Letter requesting an extension of dispositive motion briefing schedule re #37 Motion for Summary Judgment. Plaintiff's response is due by 12/30/2022. Any reply is due by 2/3/2023. SO ORDERED by Chief Judge Brenda K. Sannes on 11/8/2022. (nmk)
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| Filing 38 Letter Motion from Andrew B. Joseph for New Cingular Wireless PCS, LLC requesting Parties' joint request for an updated proposed dispositive motion briefing schedule submitted to Judge Baxter . (Joseph, Andrew) |
| Filing 37 MOTION for Summary Judgment filed by New Cingular Wireless PCS, LLC. Motion returnable before Judge Hon. Brenda K. Sannes. Response to Motion due by 11/4/2022. Reply to Response to Motion due by 11/14/2022 (Attachments: #1 Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment, #2 Statement of Material Facts Plaintiff's Statement of Undisputed Material Facts, #3 Declaration of Kenneth J. Wilbur in Support of Plaintiff's Motion for Summary Judgment, #4 Exhibit(s) Wilbur Dec. Ex. 1 - Amended Complaint, #5 Exhibit(s) Wilbur Dec. Ex. 2 - Answer to Amended Complaint, #6 Exhibit(s) Wilbur Dec. Ex. 3 - 2021-01-14 Corinth Planning Bd. Findings & Decision, #7 Exhibit(s) Wilbur Dec. Ex. 4 - 2020-11-03 W. Johnson Report, #8 Exhibit(s) Wilbur Dec. Ex. 5 - 2020-12-01 M. Kerwin Ltr. to L. Summers, #9 Exhibit(s) Wilbur Dec. Ex. 6 - 2020-11-27 T. Fleming Report (Ex. 1 of M. Kerwin Ltr.), #10 Exhibit(s) Wilbur Dec. Ex. 7 - 2020-11-09 Costich Engineering Photo Simulation (Ex. 2 of M. Kerwin Ltr.), #11 Exhibit(s) Wilbur Dec. Ex. 8 - W. Johnson Dep. Transcript Excerpts, #12 Exhibit(s) Wilbur Dec. Ex. 9 - M. Allen Dep. Transcript Excerpts, #13 Exhibit(s) Wilbur Dec. Ex. 10 - D. Villecco Dep. Transcript Excerpts, #14 Exhibit(s) Wilbur Dec. Ex. 11 - 2022-06-18 Corinth Planning Board - SEQRA, #15 Exhibit(s) Wilbur Dec. Ex. 12 - 2020-12-03 Corinth Zoning Bd. Resolution, #16 Exhibit(s) Wilbur Dec. Ex. 13 - 2021-10-07 - Defs.' Supp. Resp. & Obj. to Pl.'s 1st Set of Interrog., #17 Exhibit(s) Wilbur Dec. Ex. 14 - RE_ Ltr. to Counsel re. Supplemental Interrogs., #18 Exhibit(s) Wilbur Dec. Ex. 15 - 2021-01-06 Corinth Planning Bd. Minutes, #19 Exhibit(s) Wilbur Dec. Ex. 16 - 2020-03-03 T. Fleming Report, #20 Exhibit(s) Wilbur Dec. Ex. 17 - 2020-03-10 K. Revak Ltr. to Town of Corinth, #21 Declaration of Dominic C. Villecco in Support of Plaintiff's Motion for Summary Judgment, #22 Exhibit(s) Villecco Dec. Ex. 1 - 2022-02-25 Expert Witness RF Analysis and Report, #23 Exhibit(s) Villecco Dec. Ex. 2 - 2022-05-09 Supp. Expert RF Report and Analysis, #24 Declaration of Matthew Allen in Support of Plaintiff's Motion for Summary Judgment, #25 Exhibit(s) Allen Dec. Ex. 1 - 2022-02-25 Expert Report of M. Allen, #26 Proposed Order/Judgment Proposed Order Granting Plaintiff's Motion for Summary Judgment) (Joseph, Andrew) |
| Filing 36 TEXT ORDER: Granting #35 Letter Request. AT&T's dispositive motion to be filed by 10/14/2022. Defendants' cross-motion for summary judgment due by 11/14/2022. AT&T's response and reply to motion due by 12/14/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/25/2022. (kmc) |
| Filing 35 Letter Motion from Andrew B. Joseph for New Cingular Wireless PCS, LLC requesting Parties joint request for a proposed dispositive motion briefing schedule submitted to Judge Baxter . (Joseph, Andrew) |
| Filing 34 TEXT ORDER: The deadline for the filing of a status report expired on 7/11/2022, and to date the status report has not been filed. Counsel is directed to promptly file the status report reporting on a proposal dispositive motion deadline by 7/25/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/20/2022. (kmc) |
| Filing 33 TEXT ORDER: Counsel is directed to file a status report by 7/11/2022, reporting on a proposal dispositive motion deadline. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 7/1/2022. (kmc) |
| Filing 32 STATUS REPORT in response to the Court's May 26, 2022 request by New Cingular Wireless PCS, LLC. (Joseph, Andrew) |
| Filing 31 TEXT ORDER: By 6/24/2022, the parties will submit a status report on a schedule for completing expert depositions and their position with respect to the proposed process for resolving the merits. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/26/2022. (kmc) |
| TEXT Minute Entry for a telephonic Status Conference held on 5/26/2022 before U.S. Magistrate Judge Andrew T. Baxter: Plaintiff's counsel advises the court that he needs to conduct a deposition of the Town of Corinth's expert. Defense counsel opposed plaintiff's request to depose the expert, in part because the deadline for expert discovery will soon expire. The court will allow plaintiff to conduct the deposition of the Town of Corinth's expert which will be held remotely. Defense counsel can also depose the plaintiff's expert if they choose to do so. The parties who notice the depositions will be responsible for any expert fees that are incurred. The court suggested that, rather than addressing the merits with cross-motions for summary judgment, it would be more efficient if the parties agree that Judge Sannes could also resolve any undisputed issues of fact after briefing by the parties, and after an oral argument or bench trial, if necessary, to address disputed factual issues. Counsel will discuss that procedure with their clients and then follow up with Judge Sannes's chambers (starting with her career law clerk) to firm up the process for resolving the merits of the case. By 6/24/2022, the parties will submit a status report on a schedule for completing expert depositions and their position with respect to the proposed process for resolving the merits. Appearances: Kenneth Wilbur, Esq. for plaintiff; Mary Kissane, Esq. for defendants. Time: 10:30 AM - 10:45 AM. (kmc) |
| Filing 30 NOTICE by The Town of Corinth of Certified Index to Administrative Record (Attachments: #1 Administrative Record (Volume 1 of 2), #2 Administrative Record (Volume 2 of 2))(White, Jacquelyn) |
| Filing 29 NOTICE of Appearance by Mary Elizabeth Kissane on behalf of All Defendants (Kissane, Mary Elizabeth) |
| TEXT NOTICE of Hearing: A telephonic Status Conference is set for 5/26/2022 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. (kmc) |
| Filing 28 TEXT SCHEDULING ORDER: Discovery cutoff is 5/20/2022 (plaintiff's expert disclosures due by 2/18/2022; defendants' expert disclosures due by 4/4/2022; and any rebuttal disclosures are due by 4/21/2022). So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/8/2021. (kmc) |
| Filing 27 STATUS REPORT on status of discovery and other scheduling issues by New Cingular Wireless PCS, LLC. (Joseph, Andrew) |
| Filing 26 TEXT ORDER: Counsel are directed to file a status report by 12/2/2021. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 11/5/2021. (kmc) |
| TEXT Minute Entry for a telephonic Status Conference held on 11/5/2021 before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel advises the court that she has met with the Town of Corinth representative and will forward a proposed settlement framework to defense counsel shortly. A copy of the administrative record, which includes minutes of town board meetings, had previously been provided to plaintiffs counsel. Plaintiffs counsel recently send defense counsel a copy of the audio recordings of each meeting, based on a prior defense request. After reviewing the recordings, defense counsel will determine whether he will seek to hold the town to its purported legal obligation to create a transcript of meetings that were held remotely. Defense counsel has supplemented its responses to the plaintiff's interrogatories, but defense counsel still has one major issue with the supplemental response, involving alternative sites the town is suggesting for the proposed personal wireless facility. After reviewing recently exchanged information, counsel will meet and confer regarding the discovery issue, settlement options, and the extent to which the current pretrial schedule needs to be extended. Counsel is directed to file a status report by 12/2/2021, reporting on settlement prospects, advising whether judicial intervention will be required as to the discovery dispute or otherwise, and proposing a revised pretrial schedule. Appearances: Kenneth Wilbur, Esq. for plaintiff; Jacquelyn White, Esq. for defendants. Time: 10:30 AM - 10:43 AM. (kmc) |
| Filing 25 TEXT SCHEDULING ORDER: Discovery cutoff is 3/28/2022 (plaintiff's expert disclosures due by 12/28/2021; defendants' expert disclosures due by 2/11/2022; and any rebuttal disclosures are due by 2/28/2022). Dispositive motions are to be filed by 4/26/2022. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/23/2021. (kmc) |
| TEXT NOTICE of Hearing: A telephonic conference is set for 11/5/2021 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.(kmc) |
| TEXT Minute Entry for a telephonic Status Conference held on 9/23/2021 before U.S. Magistrate Judge Andrew T. Baxter. The parties advise the court that they are working on discovery. Deadlines have been extended by 45 days, as reflected in the accompanying text order. The follow-up telephonic status conference is set for 11/5/2021 at 10:30 AM, but the parties should contact the court before then if intervention is required with respect to any dispute regarding a non-dispositive issue that cannot be resolved after good faith negotiations among counsel. Appearances: Andrew Joseph, Esq. and Kenneth Wilbur, Esq. for plaintiff; Jacquelyn White, Esq. for defendants. Time: 10:30 AM - 10:40 AM. (kmc) |
| Filing 24 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on September 14, 2021. Total Hours Spent by Mediator: 4.5; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Fucillo, Thomas) |
| ADR COMPLETED - Case did not settle. Attorney Thomas J. Fucillo terminated. The mediator and attorneys who attended the mediation session are asked to complete a survey with respect to the Mandatory Mediation Program. Attorneys for parties can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=5. Mediators can access the survey at https://media.nynd.uscourts.gov/surveys/?sid=4. Any questions can be directed to the ADR Coordinator.(sal ) |
| TEXT NOTICE of Hearing: A telephonic Status Conference is RESCHEDULED for 9/23/2021 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. (kmc) |
| Filing 23 TEXT ORDER: Granting #22 Letter Request for an extension of time. Deadline for completion of Mandatory Mediation is 9/17/2021. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 8/23/2021. (kmc) |
| Filing 22 Letter Motion from Andrew B. Joseph for New Cingular Wireless PCS, LLC requesting Extension of Mediation Deadline submitted to Judge Andrew T. Baxter . (Joseph, Andrew) |
| Filing 21 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Thomas J. Fucillo, Esq. has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Andrew B. Joseph and Jacquelyn P. White. Dated: July 27, 2021(Joseph, Andrew) |
| TEXT NOTICE TO COUNSEL: The court ordered deadline for the parties to select a mediator in this action has expired on June 7, 2021. See Dkt. No. #17 . Please promptly select a mediator and then enter/complete the event "Civil Events/Mediation Documents/Stipulation Selecting Mediator" in CM/ECF. If the parties do not select a mediator and enter this event within the next seven (7) days, then the Court will appoint a mediator to this case for the parties. The deadline to complete mandatory mediation remains August 31, 2021. If the parties require an extension of the deadline to select a mediator and/or completion of mandatory mediation, then a letter motion requesting such relief must be filed in this action. (sal) |
| Reset Deadlines: Deadline for Mediator Selection is 8/10/2021. (sal ) |
| Filing 20 NOTICE of Appearance by Kenneth John Wilbur on behalf of New Cingular Wireless PCS, LLC (Wilbur, Kenneth) |
| Filing 19 TEXT ORDER: Granting #18 Motion for Limited Admission Pro Hac Vice for Kenneth J. Wilbur. 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 5/17/2021. (kmc) |
| Filing 18 MOTION for Limited Admission Pro Hac Vice of Kenneth J. Wilbur Filing fee $100, receipt number ANYNDC-5520483. (Attachments: #1 Proposed Order/Judgment) Motions referred to Andrew T. Baxter. (Joseph, Andrew) |
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Filing 17
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 6/7/2021. Deadline for completion of Mandatory Mediation is 8/31/2021. Signed by U.S. Magistrate Judge Andrew T. Baxter on 5/10/2021. (kmc)
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| Filing 16 UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 6/1/2021. Discovery cutoff is 2/11/2022 (plaintiff's expert disclosures due by 10/20/2021; defendants' expert disclosures due by 12/6/2021; and any rebuttal disclosures are due by 1/10/2022). Dispositive motions are to be filed by 3/11/2022. Anticipated length of bench trial: 4 days. Preferred Trial Location: Albany. Signed by U.S. Magistrate Judge Andrew T. Baxter on 5/10/2021. (kmc) |
| NOTICE of Hearing: A telephonic Status Conference is set for 9/9/2021 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.(kmc) |
| TEXT Minute Entry for telephonic Rule 16 conference held on 5/10/2021 before U.S. Magistrate Judge Andrew T. Baxter: The court explained the Mandatory Mediation Program to counsel. Traditional Mandatory disclosures have not been exchanged because this is an appeal, under the Telecommunications Act of 1996, from a municipality's denial of plaintiff's application to erect a personal wireless facility, but the administrative record will be filed by 6/7/2021. Pretrial deadlines were established. A scheduling order will be issued on behalf of District Judge Brenda K. Sannes. Plaintiff's counsel will draft a proposed protective order for the court's consideration after review by defense counsel. The court discussed counsel setting up a pre-motion conference with District Judge Brenda K. Sannes to avoid duplicative motion practice. A follow-up telephonic conference is set for 9/9/2021 at 10:30 AM. Appearances: Andrew Bradford Joseph, Esq. and Kenneth Wilbur for plaintiff; and Jacquelyn P. White, Esq. for defendant(s). Time: 10:00 AM 10:11 AM. (kmc) |
| Filing 15 CIVIL CASE MANAGEMENT PLAN by New Cingular Wireless PCS, LLC. (Joseph, Andrew) |
| Filing 14 DEFENDANTS' ANSWER to #13 Amended Complaint by The Planning Board of the Town of Corinth, The Town of Corinth, The Town of Corinth Building Department.(White, Jacquelyn) |
| Filing 13 AMENDED COMPLAINT against The Planning Board of the Town of Corinth, The Town of Corinth, The Town of Corinth Building Department filed by New Cingular Wireless PCS, LLC.(Joseph, Andrew) Modified on 3/29/2021 (khr). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #13 Amended Complaint. Amended Text to reflect the Amended Complaint filed against defendants not plaintiff. (khr) |
| ***Answer due date updated for The Planning Board of the Town of Corinth answer due 4/12/2021; The Town of Corinth answer due 4/12/2021; The Town of Corinth Building Department answer due 4/12/2021. (mgh) |
| Filing 12 ANSWER to #1 Complaint, by The Planning Board of the Town of Corinth, The Town of Corinth, The Town of Corinth Building Department.(White, Jacquelyn) |
| Filing 11 NOTICE of Appearance by Jacquelyn P. White on behalf of All Defendants (White, Jacquelyn) |
| Filing 10 AFFIDAVIT of Service for Complaint and Exhibits served on Town of Corinth Building Department on February 17, 2021, filed by New Cingular Wireless PCS, LLC. (Joseph, Andrew) Modified on 2/22/2021** Date served is actually 2/16 (mgh). |
| Filing 9 AFFIDAVIT of Service for Complaint and Exhibits served on Planning Board of Town of Corinth on February 17, 2021, filed by New Cingular Wireless PCS, LLC. (Joseph, Andrew) Modified on 2/22/2021 * Date served is actually 2/16(mgh). |
| Filing 8 AFFIDAVIT of Service for Complaint and Exhibits served on Town of Corinth on February 17, 2021, filed by New Cingular Wireless PCS, LLC. (Joseph, Andrew) Modified on 2/22/2021** Date served is actually 2/16 (mgh, ). |
| ***Answer due date updated for The Planning Board of the Town of Corinth answer due 3/9/2021; The Town of Corinth answer due 3/9/2021; The Town of Corinth Building Department answer due 3/9/2021. (mgh) |
| Filing 7 TEXT ORDER: granting #6 Letter Request. Plaintiff may serve Defendants with the #3 G.O. 25 Filing Order once counsel for Defendants appears in this matter. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/19/2021. (nmk) |
| Filing 6 Letter Motion from Andrew B. Joseph for New Cingular Wireless PCS, LLC requesting Permission to serve Defendants with the General Order #25 (Filing Order), Case Management Plan, Case Assignment and Filing Locations, and Consent Form to Proceed before Magistrate Judge once counsel for Defendants appears in this matter submitted to Judge Baxter . (Joseph, Andrew) |
| Filing 5 NOTICE of Appearance by Andrew Bradford Joseph on behalf of New Cingular Wireless PCS, LLC (Joseph, Andrew) |
| Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by New Cingular Wireless PCS, LLC. identifying corporate parent At&T Inc.(Tuttle, Helen) Modified on 2/9/2021 (mgh). |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/10/2021 10:00 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 5/3/2021. All conferences will be conducted by telephone unless the parties are specifically directed to appear. Counsel for the plaintiff is directed to coordinate the initial conference call. Once all parties are on the conference line, Judge Baxter's chambers can be reached at 315-234-8600. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| Filing 2 Summons Issued as to The Planning Board of the Town of Corinth, The Town of Corinth, The Town of Corinth Building Department. (Attachments: #1 Summons Issued as to The Planning Board of the Town of Corinth, #2 Summons Issued as to the Town of Corinth Building Department)(mgh) |
| Filing 1 COMPLAINT against The Planning Board of the Town of Corinth, The Town of Corinth, The Town of Corinth Building Department (Filing fee $402 receipt number ANYNDC5410530) filed by New Cingular Wireless PCS, LLC. (Attachments: #1 Exhibit(s) A, #2 Civil Cover Sheet)(mgh) |
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