Cedar Development East,LLC v. Town Board of Hurley et al.
| Cedar Development East, LLC |
| Adriana Beltrani, Nelson, Pope & Voorhis, Raymond Palmer, Wayne Rice, Russel Urban-Mead, Tony Bonavist, John Perry, Barbara Zell, Peter Humphires, Mitchell Cohen, Chazen Companies, Planning Board of Hurley, Town Board of Hurley, Diana Cline, Bonnie Franson, Melinda McKnight, Michael Boms and Karl Brueckner |
| 1:2021cv00289 |
| March 10, 2021 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| Civil Rights: Accommodations |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on July 8, 2022. A more recent docket listing may be available from PACER.
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Filing 22
NOTICE of Appearance by Mark A. Radi on behalf of Michael Boms, Tony Bonavist, Karl Brueckner, Diana Cline, Mitchell Cohen, Peter Humphires, Melinda McKnight, Raymond Palmer, John Perry, Planning Board of Hurley, Wayne Rice, Town Board of Hurley, Barbara Zell (Radi, Mark)
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Filing 21
LETTER BRIEF Notice of State Court Decision/Order by Cedar Development East, LLC. (Attachments: #1 Copy of State Court Papers 4/27/21 Decision/Order)(Bacon, James)
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Filing 20
TEXT ORDER: Court has reviewed the #19 Letter Request for adjournment of the Rule 16 conference and related deadlines, which the Court finds as moot. The conference and related deadlines were previously adjourned without new date until a decision is issued on the motion to remand by text order at Dkt. 12 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/12/2021. (sg)
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Filing 19
Consent Letter Motion from Brian S. Sokoloff for Michael Boms, Tony Bonavist, Karl Brueckner, Diana Cline, Mitchell Cohen, Peter Humphires, Melinda McKnight, Raymond Palmer, John Perry, Planning Board of Hurley, Wayne Rice, Town Board of Hurley, Barbara Zell requesting adjournment of filing date for Civil Case Management Plan and April 26, 2021 initial conference submitted to Judge U.S. Magistrate Judge Therese Wiley Dancks . (Sokoloff, Brian)
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Filing 18
REPLY to Response to Motion re #6 First MOTION to Remand to State Court Ulster County Supreme Court filed by Cedar Development East, LLC. Motion returnable before Judge Mae D'Agostino Plaintiff Declaration of Kerry Danenberg filed by Cedar Development East, LLC. (Bacon, James)
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Filing 17
REPLY to Response to Motion re #6 First MOTION to Remand to State Court Ulster County Supreme Court filed by Cedar Development East, LLC. Motion returnable before Judge Mae D'Agostino April 12, 2021 filed by Cedar Development East, LLC. (Attachments: #1 Declaration, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s))(Bacon, James)
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Filing 16
MEMORANDUM OF LAW re #13 Response in Opposition to Motion,, filed by Michael Boms, Tony Bonavist, Karl Brueckner, Diana Cline, Mitchell Cohen, Peter Humphires, Melinda McKnight, Raymond Palmer, John Perry, Planning Board of Hurley, Wayne Rice, Town Board of Hurley, Barbara Zell. (Sokoloff, Brian)
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Filing 15
AFFIDAVIT in Opposition re #6 First MOTION to Remand to State Court Ulster County Supreme Court filed by Cedar Development East, LLC. Motion returnable before Judge Mae D'Agostino filed by Michael Boms, Tony Bonavist, Karl Brueckner, Diana Cline, Mitchell Cohen, Peter Humphires, Melinda McKnight, Raymond Palmer, John Perry, Planning Board of Hurley, Wayne Rice, Town Board of Hurley, Barbara Zell. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H)(Sokoloff, Brian)
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Filing 14
AFFIDAVIT in Opposition re #6 First MOTION to Remand to State Court Ulster County Supreme Court filed by Cedar Development East, LLC. Motion returnable before Judge Mae D'Agostino filed by Michael Boms, Tony Bonavist, Karl Brueckner, Diana Cline, Mitchell Cohen, Peter Humphires, Melinda McKnight, Raymond Palmer, John Perry, Planning Board of Hurley, Wayne Rice, Town Board of Hurley, Barbara Zell. (Sokoloff, Brian)
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Filing 13
RESPONSE in Opposition re #6 First MOTION to Remand to State Court Ulster County Supreme Court filed by Cedar Development East, LLC. Motion returnable before Judge Mae D'Agostino filed by Michael Boms, Tony Bonavist, Karl Brueckner, Diana Cline, Mitchell Cohen, Peter Humphires, Melinda McKnight, Raymond Palmer, John Perry, Planning Board of Hurley, Wayne Rice, Town Board of Hurley, Barbara Zell. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10)(Sokoloff, Brian)
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Filing 12
TEXT ORDER: Court has reviewed docket and in light of the pending motion for remand (Dkt. No. #6 ), the Rule 16 conference scheduled for 4/26/2021 (see Dkt. No. #4 ) and related deadlines are adjourned at this time and will be rescheduled as necessary after a decision is issued on the pending motion for remand. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/30/2021. (sg )
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Filing 11
LETTER BRIEF Statement Required by Rule 3 of the Individual Practices of Judge D'Agostino by Michael Boms, Tony Bonavist, Karl Brueckner, Diana Cline, Mitchell Cohen, Peter Humphires, Melinda McKnight, Raymond Palmer, John Perry, Planning Board of Hurley, Wayne Rice, Town Board of Hurley, Barbara Zell. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D)(Sokoloff, Brian)
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Filing 10
TEXT ORDER granting in part and denying in part #9 Letter Request to expedite motion to remand: It is hereby ORDERED that the plaintiff's request to expedite the motion to remand is Granted in part and Denied in Part. The briefing schedule will remain as set - Response papers due 4/5/21; Reply papers due 4/12/21 - extensions of these deadlines will only be considered upon a showing of compelling reasons warranting the extension; The Court will consider this motion out of order, once it is fully briefed. Signed by U.S. District Judge Mae A. D'Agostino on 3/16/21. (ban)
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Filing 9
Letter Motion from James Bacon requesting expedited review for Cedar Development East, LLC requesting Expedited review/summary remand submitted to Judge Mae D'Agostino . (Bacon, James)
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Filing 8
TEXT ORDER granting #7 Letter Request to stay or extend answer deadlines: It is hereby ORDERED that the defendant's request for a stay or extension of the answer deadline, pending the Court's decision on the pending motion to remand, is GRANTED. The Answer deadlines are hereby STAYED pending a decision on #6 Motion to Remand. Signed by U.S. District Judge Mae A. D'Agostino on 3/16/21. (ban)
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Filing 7
Letter Motion from Brian S. Sokoloff for Michael Boms, Tony Bonavist, Karl Brueckner, Diana Cline, Mitchell Cohen, Peter Humphires, Melinda McKnight, Raymond Palmer, John Perry, Planning Board of Hurley, Wayne Rice, Town Board of Hurley, Barbara Zell requesting an extension of time to answer or otherwise respond to the complaint submitted to Judge Mae A. DAgostino . (Sokoloff, Brian)
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Filing 6
First MOTION to Remand to State Court Ulster County Supreme Court filed by Cedar Development East, LLC. Motion returnable before Judge Mae D'Agostino Response to Motion due by 4/5/2021. Reply to Response to Motion due by 4/12/2021 (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Exhibit(s), #17 Exhibit(s), #18 Exhibit(s), #19 Exhibit(s), #20 Exhibit(s), #21 Exhibit(s), #22 Exhibit(s)) (Bacon, James)
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Filing 5
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. (mgh)
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Filing 4
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/26/2021 09:30 AM in before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/19/2021. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks' Chambers at 315-234-8618(a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call. (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)
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Filing 3
NOTICE of Admission Requirement as to Party Nelson, Pope & Voohis; Attorney David Kosakoff, Esq., Admissions due by 3/26/2021. {Notice of Admission requirement served on counsel via regular mail. (mgh)
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***Answer due date updated for Adriana Beltrani answer due 3/17/2021; Michael Boms answer due 3/17/2021; Tony Bonavist answer due 3/17/2021; Karl Brueckner answer due 3/17/2021; Chazen Companies answer due 3/17/2021; Diana Cline answer due 3/17/2021; Mitchell Cohen answer due 3/17/2021; Bonnie Franson answer due 3/17/2021; Peter Humphires answer due 3/17/2021; Melinda McKnight answer due 3/17/2021; Nelson, Pope & Voorhis answer due 3/17/2021; Raymond Palmer answer due 3/17/2021; John Perry answer due 3/17/2021; Planning Board of Hurley answer due 3/17/2021; Wayne Rice answer due 3/17/2021; Town Board of Hurley answer due 3/17/2021; Russel Urban-Mead answer due 3/17/2021; Barbara Zell answer due 3/17/2021. (mgh)
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Clerk mailed a courtesy copy of the Dkt. No. #4 General Order #25 to Attorney Kosakoff on 3/12/2021. (hmr)
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Filing 2
STATE COURT COMPLAINT filed by Cedar Development East, LLC. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s))(mgh)
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Filing 1
NOTICE OF REMOVAL from Ulster County Supreme Court, case number EF2021-340 (Filing fee $402 receipt number ANYNDC-5453350) filed by Peter Humphires, Diana Cline, Michael Boms, Mitchell Cohen, Barbara Zell, Wayne Rice, Tony Bonavist, Raymond Palmer, Town Board of Hurley, Melinda McKnight, Planning Board of Hurley, Karl Brueckner, John Perry. (Attachments: #1 Exhibit(s) A- Part 1, #2 Exhibit(s) A- Part 2, #3 Exhibit(s) A- Part 3, #4 Exhibit(s) A- Part 4, #5 Civil Cover Sheet)(mgh)
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