Weeks v. The Town of Greenville et al
| James Weeks |
| The Town of Greenville, The Town Board of the Town of Greenville, Paul Macko, Orloff "Bud" Bear, John Benson, Joel Rauf, Travis Richards, The Planning Board of the Town of Greenville, The Zoning Board of Appeals of the Town of Greenville, Thomas Vance, John Ingalls, Art Marini, Sandy Garden, Frank Debendetto, Jean Thomas, Thomas Briggs and Mark Overbaugh |
| 1:2021cv00917 |
| August 13, 2021 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Frederick J Scullin |
| Civil Rights: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| Defendant |
Docket Report
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| Document Text |
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| Filing 16 REPLY to Response to Motion re #9 MOTION to Dismiss for Failure to State a Claim filed by Orloff "Bud" Bear, John Benson, Thomas Briggs, Frank Debendetto, Sandy Garden, John Ingalls, Paul Macko, Art Marini, Mark Overbaugh, Joel Rauf, Travis Richards, The Planning Bo Reply Memorandum of Law filed by Orloff "Bud" Bear, John Benson, Thomas Briggs, Frank Debendetto, Sandy Garden, John Ingalls, Paul Macko, Art Marini, Mark Overbaugh, Joel Rauf, Travis Richards, The Planning Board of the Town of Greenville, The Town Board of the Town of Greenville, The Town of Greenville, The Zoning Board of Appeals of the Town of Greenville, Jean Thomas, Thomas Vance. (Laws, April) |
Filing 15
TEXT ORDER granting in part and denying in part #14 Letter Request re: #9 MOTION to Dismiss for Failure to State a Claim The Court will accept Plaintiff's opposition to this motion and therefore will not consider this motion unopposed. The Court will grant Defendants an extension of time to file their reply.. Reply to Response to Motion now due by 9/23/2021. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on 9/20/2021. (bjw, )
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| Filing 14 Letter Motion from April J. Laws, Esq. for Orloff "Bud" Bear, John Benson, Thomas Briggs, Frank Debendetto, Sandy Garden, John Ingalls, Paul Macko, Art Marini, Mark Overbaugh, Joel Rauf, Travis Richards, The Planning Board of the Town of Greenville, The Town Board of the Town of Greenville, The Town of Greenville, The Zoning Board of Appeals of the Town of Greenville, Jean Thomas, Thomas Vance requesting the Court reject plaintiff's late opposition or extend defendants' time to serve reply papers submitted to Judge Hon. Frederick J. Scullin, Jr. . (Laws, April) |
| Filing 13 MEMORANDUM OF LAW IN OPPOSITION TO DISMISS AND IN SUPPORT OF REMAND filed by James Weeks. (Oliver, Lewis) |
| Filing 12 AFFIDAVIT IN SUPPORT OF PETITIONER-PLAINTIFF'S MOTION TO REMAND PURSUANT TO 28 USC 1447(C) by James Weeks. (Oliver, Lewis) |
| Filing 11 RESPONSE in Opposition re #7 MOTION to Remand to Supreme Court, Greene County filed by James Weeks. Memorandum of Law in Opposition to Plaintiff's motion to remand filed by Orloff "Bud" Bear, John Benson, Thomas Briggs, Frank Debendetto, Sandy Garden, John Ingalls, Paul Macko, Art Marini, Mark Overbaugh, Joel Rauf, Travis Richards, The Planning Board of the Town of Greenville, The Town Board of the Town of Greenville, The Town of Greenville, The Zoning Board of Appeals of the Town of Greenville, Jean Thomas, Thomas Vance. (Attachments: #1 Declaration)(Laws, April) (Attachment 1 replaced on 9/9/2021) (khr, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #11 Response in Opposition to Motion. Replaced the unsigned Declaration with a signed Declaration. (khr) |
| Filing 10 TEXT NOTICE: The Rule 16 Initial Conference scheduled for 9/17/2021 at 11:00 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (tab) |
| Filing 9 MOTION to Dismiss for Failure to State a Claim filed by Orloff "Bud" Bear, John Benson, Thomas Briggs, Frank Debendetto, Sandy Garden, John Ingalls, Paul Macko, Art Marini, Mark Overbaugh, Joel Rauf, Travis Richards, The Planning Board of the Town of Greenville, The Town Board of the Town of Greenville, The Town of Greenville, The Zoning Board of Appeals of the Town of Greenville, Jean Thomas, Thomas Vance. Motion returnable before Judge Hon. Frederick J. Scullin, Jr., USDJ Response to Motion due by 9/13/2021. Reply to Response to Motion due by 9/20/2021 (Attachments: #1 Declaration April J. Laws, Esq., #2 Exhibit(s) A-10/04/1989 Mtg Minutes, #3 Exhibit(s) B-County Report, #4 Exhibit(s) C-Environ. Assessment Form, #5 Memorandum of Law) (Laws, April) |
| Filing 8 CERTIFICATE OF SERVICE by Orloff "Bud" Bear, John Benson, Thomas Briggs, Frank Debendetto, Sandy Garden, John Ingalls, Paul Macko, Art Marini, Mark Overbaugh, Joel Rauf, Travis Richards, The Planning Board of the Town of Greenville, The Town Board of the Town of Greenville, The Town of Greenville, The Zoning Board of Appeals of the Town of Greenville, Jean Thomas, Thomas Vance of Notice of Removal with Exhibit A, Civil Cover Sheet and General Order #25 (Laws, April) |
| Filing 7 MOTION to Remand to Supreme Court, Greene County filed by James Weeks. Response to Motion due by 9/9/2021. Reply to Response to Motion due by 9/16/2021 (Attachments: #1 Affidavit In Support of Motion to Remand, #2 Proposed Order/Judgment) (Oliver, Lewis) |
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Filing 6
TEXT ORDER granting #4 Letter Motion from April J. Laws, Esq. for Orloff "Bud" Bear, John Benson, Thomas Briggs, Frank Debendetto, Sandy Garden, John Ingalls, Paul Macko, Art Marini, Mark Overbaugh, Joel Rauf, Travis Richards, The Planning Board of the To : Answer deadline reset to 8/23/2021. An oversized Memorandum of Law, not to exceed 35 pages is permitted. Authorized by Magistrate Judge Christian F. Hummel on 8/18/2021. (tab)
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| Filing 5 LETTER BRIEF by James Weeks. (Oliver, Lewis) |
| Filing 4 Letter Motion from April J. Laws, Esq. for Orloff "Bud" Bear, John Benson, Thomas Briggs, Frank Debendetto, Sandy Garden, John Ingalls, Paul Macko, Art Marini, Mark Overbaugh, Joel Rauf, Travis Richards, The Planning Board of the Town of Greenville, The Town Board of the Town of Greenville, The Town of Greenville, The Zoning Board of Appeals of the Town of Greenville, Jean Thomas, Thomas Vance requesting ext to answer or move and oversize brief submitted to Judge Hon. Frederick J. Scullin, Jr. . (Laws, April) |
| ***Answer due date updated for Orloff "Bud" Bear answer due 8/20/2021; John Benson answer due 8/20/2021; Thomas Briggs answer due 8/20/2021; Frank Debendetto answer due 8/20/2021; Sandy Garden answer due 8/20/2021; John Ingalls answer due 8/20/2021; Paul Macko answer due 8/20/2021; Art Marini answer due 8/20/2021; Mark Overbaugh answer due 8/20/2021; Joel Rauf answer due 8/20/2021; Travis Richards answer due 8/20/2021; The Planning Board of the Town of Greenville answer due 8/20/2021; The Town Board of the Town of Greenville answer due 8/20/2021; The Town of Greenville answer due 8/20/2021; The Zoning Board of Appeals of the Town of Greenville answer due 8/20/2021; Jean Thomas answer due 8/20/2021; Thomas Vance answer due 8/20/2021. (dpk) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/17/2021 at 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/10/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (dpk) |
| Filing 2 STATE COURT COMPLAINT filed by Orloff "Bud" Bear, John Benson, Thomas Briggs, Frank Debendetto, Sandy Garden, John Ingalls, Paul Macko, Art Marini, Mark Overbaugh, Joel Rauf, Travis Richards, The Planning Board of the Town of Greenville, The Town Board of the Town of Greenville, The Town of Greenville, The Zoning Board of Appeals of the Town of Greenville, Jean Thomas and Thomas Vance.(dpk) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - County of Greene, case number EF2021-564 (Filing fee $402 receipt number ANYNDC-5616297) filed by Mark Overbaugh, Thomas Briggs, John Benson, Thomas Vance, Paul Macko, The Planning Board of the Town of Greenville, Joel Rauf, John Ingalls, Frank Debendetto, Sandy Garden, Art Marini, The Town of Greenville, Orloff "Bud" Bear, Travis Richards, The Zoning Board of Appeals of the Town of Greenville, Jean Thomas and The Town Board of the Town of Greenville. (Attachments: #1 Exhibit (State Court Record), #2 Civil Cover Sheet) (dpk) (Additional attachment(s) added on 8/17/2021: #3 Cover Letter) (dpk, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #1 Notice of Removal - docket entry amended to include cover letter from counsel for defendants. (dpk) |
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