Chestnut Hill NY, Inc. et al v. City of Kingston et al
Plaintiff: Chestnut Hill NY, Inc., John Doe #1, John Doe #2, John Doe #3 and Joseph Sangiovanni
Defendant: City of Kingston, City of Kingston Office of Planning and Building Safety and Zoning Enforcement of the City of Kingston
Case Number: 1:2023cv01024
Filed: August 21, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: Brenda K Sannes
Referring Judge: Daniel J Stewart
Nature of Suit: Civil Rights: Accommodations
Cause of Action: 42 U.S.C. § 405 Fair Housing Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2023 Opinion or Order Filing 42 MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Plaintiffs' motion for a temporary restraining order and preliminary injunction (Dkt. No. #5 ) is DENIED. Signed by Chief Judge Brenda K. Sannes on 10/13/2023. (nmk)
October 10, 2023 Opinion or Order Filing 41 TRANSCRIPT REQUEST by Chestnut Hill NY, Inc., John Doe #1, John Doe #2, John Doe #3, Joseph Sangiovanni for proceedings held on 09/20/2023 before Judge Brenda K. Sannes.. (Minotti, Thomas)
October 3, 2023 Opinion or Order Filing 40 TRANSCRIPT of Proceedings: Motion Hearing held on 9/20/2023 before Judge Brenda K. Sannes, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/24/2023. Redacted Transcript Deadline set for 11/3/2023. Release of Transcript Restriction set for 1/2/2024. Notice of Intent to Redact due by 10/10/2023 (etm, )
October 2, 2023 Opinion or Order Filing 39 RESPONSE in Opposition re #12 MOTION to Continue filed by Chestnut Hill NY, Inc.. MOTION allow plaintiffs with anonymous names re #1 Complaint, filed by Chestnut Hill NY, Inc.. filed by Building Safety and Zoning Enforcement of the City of Kingston, City of Kingston, City of Kingston Office of Planning. (Graves-Poller, Barbara)
September 28, 2023 Opinion or Order Filing 38 TEXT ORDER: The court has reviewed Plaintiffs' #35 Letter Motion. Based on the representations made by plaintiffs' counsel, any amended complaint shall be filed by 10/20/2023. Accordingly, Defendants are directed to file a letter by 10/27/2023 indicating whether: (1) they wish the Court to consider the pending motion to dismiss #19 in light of the facts alleged in the Amended Complaint; or (2) seek to withdraw the motion to dismiss, and if so, whether they intend to file a motion to dismiss the Amended Complaint. In the event Defendants wish the Court to consider the pending motion to dismiss #19 in light of the facts alleged in the Amended Complaint, the Court will extend Plaintiffs' response deadline to 11/9/2023 and Defendants' reply deadline to 11/16/2023. SO ORDERED by Chief Judge Brenda K. Sannes on 9/28/2023. (nmk)
September 27, 2023 Opinion or Order Filing 37 ORDER: granting #34 Motion to Substitute Attorney. Thomas Minotti, Esq. is substituted as attorney of record for plaintiffs in place and stead of Lanny E. Walter, Esq. Signed by Chief Judge Brenda K. Sannes on 9/27/2023. (nmk)
September 27, 2023 Opinion or Order Filing 36 AFFIDAVIT of Service for Motion for Extension of Time served on Barbara Jeane Graves-Poller, Esq. and Matthew M. Jankowski, Esq. on 9/27/2023, filed by Chestnut Hill NY, Inc., John Doe #1, John Doe #2, John Doe #3, Joseph Sangiovanni. (Minotti, Thomas)
September 27, 2023 Opinion or Order Filing 35 MOTION for Extension of Time to File Response/Reply to defendants' motion to dismiss filed by Chestnut Hill NY, Inc., John Doe #1, John Doe #2, John Doe #3, Joseph Sangiovanni. Response to Motion due by 10/18/2023 Motions referred to Daniel J. Stewart. (Minotti, Thomas)
September 27, 2023 Opinion or Order Filing 34 MOTION to Substitute Attorney filed by Chestnut Hill NY, Inc., John Doe #1, John Doe #2, John Doe #3, Joseph Sangiovanni. Response to Motion due by 10/18/2023 Motions referred to Daniel J. Stewart. (Minotti, Thomas)
September 27, 2023 Opinion or Order Filing 33 NOTICE OF APPEARANCE by Thomas J. Minotti on behalf of All Plaintiffs (Minotti, Thomas)
September 21, 2023 Opinion or Order Filing 32 TRANSCRIPT REQUEST by Building Safety and Zoning Enforcement of the City of Kingston, City of Kingston, City of Kingston Office of Planning for proceedings held on 9/20/2023 before Judge Brenda K. Sannes.. (Graves-Poller, Barbara)
September 20, 2023 Opinion or Order Filing 31 Defendants' Exhibit List completed at evidentiary hearing. (nmk)
September 20, 2023 Opinion or Order Filing 30 Plaintiffs' Exhibit List completed at evidentiary hearing. (nmk)
September 20, 2023 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #27 Reply to Response to Motion. Corrected docket text description to state Exhibit List. (see)
September 20, 2023 Opinion or Order TEXT Minute Entry for Evidentiary Hearing held on 9/20/2023 before Chief Judge Brenda K. Sannesas to the #5 Motion for Temporary Restraining Order: 9:58 a.m. - Court is in session. Opening statement by Mr. Walter. 10:03 a.m. - Opening statement by Ms. Graves-Poller. The court admits all exhibits filed in Dkt. No. 19, however not all exhibits were used during the hearing. 10:06 a.m. - Ms. Graves-Poller calls Stephen T. Noble who is placed under oath and testifies. 10:41 a.m. - Mr. Walter calls Joseph SanGiovanni who is placed under oath and testifies. 11:33 a.m. - Court is in recess. 11:43 a.m. - Court resumes. Testimony of Joseph SanGiovanni continues. 12:39 p.m. - Court is in recess. 1:13 p.m. - Court resumes. Testimony of Joseph SanGiovanni continues. 1:33 p.m. - Ms. Graves-Poller calls Michele Hirsch who is placed under oath and testifies. 2:06 p.m. - Mr. Jankowski calls Christopher Rea who is placed under oath and testifies. 2:27 p.m. Court questions counsel. 2:35 p.m. Closing argument by Mr. Walter. 2:29 p.m. - Closing argument by Ms. Graves-Poller. 2:43 p.m. - Court is in recess. 2:48 p.m. - Court resumes. The court denies plaintiffs' request for a Temporary Restraining Order. A written decision will be issued. 2:49 p.m. - Court is adjourned. Appearances: Lanny Walter, Esq. for plaintiffs; Barbara Graves-Poller, Esq. and Matthew Jankowski, Esq. for defendants. (Court Reporter: Eileen McDonough.) (nmk)
September 19, 2023 Opinion or Order Filing 29 Exhibit List by City of Kingston. (Graves-Poller, Barbara)
September 19, 2023 Opinion or Order Filing 28 Witness List by City of Kingston. (Graves-Poller, Barbara)
September 19, 2023 Opinion or Order Filing 27 EXHIBIT LIST filed by Chestnut Hill NY, Inc., John Doe #1, John Doe #2, John Doe #3, Joseph Sangiovanni (Walter, Lanny) Modified on 9/20/2023 (see)
September 19, 2023 Opinion or Order Filing 26 TEXT ORDER: The parties are directed to file exhibit lists and witness lists for the 9/20/2023 evidentiary hearing by close of business today. SO ORDERED by Chief Judge Brenda K. Sannes on 9/19/2023. (nmk)
September 19, 2023 Opinion or Order Filing 25 WITNESS LIST filed by Chestnut Hill NY, Inc., John Doe #1, John Doe #2, John Doe #3, and Joseph Sangiovanni (Walter, Lanny) Modified on 9/19/2023 (see, ).
September 19, 2023 Opinion or Order Filing 24 RESPONSE in Opposition to #19 First MOTION to Dismiss for Failure to State a Claim filed by Building Safety and Zoning Enforcement of the City of Kingston, City of Kingston, City of Kingston Office of Planning. Motion returnable before Judge SannesFirst MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Building Safety and Zoning Enforcement of the City of Kingston, City of Kingston, City of Kingston Office of Planning. Motion returnable before Judge Sannes filed by Chestnut Hill NY, Inc., John Doe #1, John Doe #2, John Doe #3, and Joseph Sangiovanni (Walter, Lanny) Modified on 9/19/2023 (see, ).
September 19, 2023 Opinion or Order Filing 23 TEXT ORDER: The court has reviewed plaintiff's #21 letter filed in connection with defendants' #19 submission. Plaintiff's response to defendants' #19 Cross-Motion to Dismiss is due by 10/6/2023. SO ORDERED by Chief Judge Brenda K. Sannes on 9/19/2023. (nmk)
September 19, 2023 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #25 Reply to Response to Motion, #24 Reply to Response to Motion. Modified document no. #24 to state it is a Response in Opposition to the #19 Motion. Docket text of document no. #25 was modified to state it is a Witness List and access to this document is restricted to case participants and court users. (see)
September 18, 2023 Opinion or Order Filing 22 NOTICE OF APPEARANCE by Matthew M. Jankowski on behalf of All Defendants (Jankowski, Matthew)
September 18, 2023 Opinion or Order Filing 21 REPLY to Response to Motion re #19 First MOTION to Dismiss for Failure to State a Claim filed by Building Safety and Zoning Enforcement of the City of Kingston, City of Kingston, City of Kingston Office of Planning. Motion returnable before Judge SannesFirst MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Building Safety and Zoning Enforcement of the City of Kingston, City of Kingston, City of Kingston Office of Planning. Motion returnable before Judge Sannes filed by Chestnut Hill NY, Inc.. (Walter, Lanny)
September 18, 2023 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #19 Motion to Dismiss for Failure to State a Claim and Motion to Dismiss/Lack of Subject Matter Jurisdiction. Modified the docket text of entry to add the following: Response to #5 Motion for Temporary Restraining Order and First CROSS-MOTION. (see)
September 15, 2023 Opinion or Order Filing 20 CERTIFICATE OF SERVICE by Building Safety and Zoning Enforcement of the City of Kingston, City of Kingston, City of Kingston Office of Planning re #19 First MOTION to Dismiss for Failure to State a Claim filed by Building Safety and Zoning Enforcement of the City of Kingston, City of Kingston, City of Kingston Office of Planning. Motion returnable before Judge SannesFirst MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Building Safety and Zoning Enforcement of the City of Kingston, City of Kingston, City of Kingston Office of Planning. Motion returnable before Judge Sannes 09/19/2023 (Graves-Poller, Barbara)
September 15, 2023 Opinion or Order Filing 19 Response to #5 Motion for Temporary Restraining Order and First CROSS-MOTION to Dismiss for Failure to State a Claim filed by Building Safety and Zoning Enforcement of the City of Kingston, City of Kingston, City of Kingston Office of Planning. Motion returnable before Judge Sannes, First MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Building Safety and Zoning Enforcement of the City of Kingston, City of Kingston, City of Kingston Office of Planning. Motion returnable before Judge Sannes Response to Motion due by 10/6/2023. Reply to Response to Motion due by 10/13/2023 (Attachments: #1 Memorandum of Law Memorandum of Law in Opposition to Motion for TRO and in support of Cross-Motion to Dismiss, #2 Affirmation Affirmation of Barbara Graves-Poller, Esq., #3 Exhibit(s) Graves-Poller, Exhibit A, #4 Exhibit(s) Graves-Poller, Exhibit B, #5 Exhibit(s) Graves-Poller, Exhibit C, #6 Exhibit(s) Graves-Poller, Exhibit D, #7 Exhibit(s) Graves-Poller, Exhibit E, #8 Exhibit(s) Graves-Poller, Exhibit F, #9 Exhibit(s) Graves-Poller, Exhibit G, #10 Affirmation Affirmation of Marisa Hansen, Esq., #11 Exhibit(s) Hansen, Exhibit A, #12 Exhibit(s) Hansen, Exhibit B, #13 Exhibit(s) Hansen, Exhibit C, #14 Exhibit(s) Hansen, Exhibit D, #15 Affidavit Affidavit of Michele Hirsch, #16 Exhibit(s) Hirsch, Exhibit A, #17 Exhibit(s) Hirsch, Exhibit B, #18 Exhibit(s) Hirsch, Exhibit C, #19 Affidavit Affidavit of Eric Kitchen, #20 Exhibit(s) Kitchen, Exhibit A, #21 Exhibit(s) Kitchen, Exhibit B, #22 Affidavit Affidavit of Stephen Knox, #23 Exhibit(s) Knox, Exhibit A, #24 Exhibit(s) Knox, Exhibit B, #25 Exhibit(s) Knox, Exhibit C, #26 Exhibit(s) Knox, Exhibit D, #27 Exhibit(s) Knox, Exhibit E, #28 Exhibit(s) Knox, Exhibit F, #29 Exhibit(s) Knox, Exhibit G, #30 Exhibit(s) Knox, Exhibit H, #31 Exhibit(s) Knox, Exhibit I, #32 Exhibit(s) Knox, Exhibit J, #33 Exhibit(s) Knox, Exhibit K, #34 Exhibit(s) Knox, Exhibit L, #35 Exhibit(s) Knox, Exhibit M, #36 Exhibit(s) Knox, Exhibit N, #37 Exhibit(s) Knox, Exhibit O, #38 Exhibit(s) Knox, Exhibit P, #39 Exhibit(s) Knox, Exhibit Q, #40 Affidavit Affidavit of Wayne Platte, #41 Exhibit(s) Platte, Exhibit A, #42 Exhibit(s) Platte, Exhibit B, #43 Exhibit(s) Platte, Exhibit C, #44 Exhibit(s) Platte, Exhibit D, #45 Exhibit(s) Platte, Exhibit E, #46 Exhibit(s) Platte, Exhibit F, #47 Exhibit(s) Platte, Exhibit G, #48 Exhibit(s) Platte, Exhibit H, #49 Exhibit(s) Platte, Exhibit I, #50 Exhibit(s) Platte, Exhibit J, #51 Exhibit(s) Platte, Exhibit K, #52 Exhibit(s) Platte, Exhibit L, #53 Exhibit(s) Platte, Exhibit M, #54 Exhibit(s) Platte, Exhibit N, #55 Exhibit(s) Platte, Exhibit O, #56 Exhibit(s) Platte, Exhibit P, #57 Exhibit(s) Platte, Exhibit Q, #58 Affidavit Affidavit of Chief Rea, #59 Exhibit(s) Rea, Exhibit A, #60 Exhibit(s) Rea, Exhibit B, #61 Exhibit(s) Rea, Exhibit C, #62 Exhibit(s) Rea, Exhibit D, #63 Exhibit(s) Rea, Exhibit E, #64 Affidavit Affidavit of Alyssa Rockefeller, #65 Exhibit(s) Rockefeller, Exhibit A, #66 Exhibit(s) Rockefeller, Exhibit B, #67 Affidavit Affidavit of John Schultheis, #68 Exhibit(s) Schultheis, Exhibit A, #69 Exhibit(s) Schultheis, Exhibit B, #70 Exhibit(s) Schultheis, Exhibit C) (Graves-Poller, Barbara) Modified on 9/18/2023 (see, )
September 15, 2023 Opinion or Order Filing 18 TEXT ORDER: In their reply brief, due by 12:00 p.m. on 9/19/2023, and at the hearing, with respect to their claims under the FHA and ADA, Plaintiffs should be prepared to address and identify: 1) the facts showing Defendants were motivated by a discriminatory purpose; 2) the facts showing that "the City's actions were in part based on the status of the... residents as a protected group," (Dkt. No. 5-5, at 4); and 3) in, specific terms, what reasonable accommodations Plaintiffs have requested and Defendants have refused to make. In addition, if Plaintiffs are proceeding under a theory of disparate impact, Plaintiffs should identify the neutral policies they are challenging, the members of the "protected group that are [allegedly] affected by the neutral policy," and the "similarly situated persons who are unaffected by the policy." Tsombanidis v. W. Haven Fire Dep't, 352 F.3d 565, 57677 (2d Cir. 2003). SO ORDERED by Chief Judge Brenda K. Sannes on 9/15/2023. (nmk)
September 12, 2023 Opinion or Order Filing 17 TEXT ORDER granting #14 Motion for Limited Admission Pro Hac Vice as to Matthew M. Jankowski for defendants. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Counsel is reminded that, once the below is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. 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. So Ordered by Magistrate Judge Daniel J. Stewart on 9/12/2023.(gmd)
September 12, 2023 Opinion or Order Filing 16 AFFIDAVIT of Service for motion served on Barbara Graves-Poller on Sept 8 and 9, 2023, filed by Chestnut Hill NY, Inc.. (Walter, Lanny)
September 12, 2023 Opinion or Order Filing 15 Supplemental Admission documents re: #14 Motion for Limited Admission Pro Hac Vice,. (Graves-Poller, Barbara)
September 12, 2023 Opinion or Order Notice of Attorney Admission Filing Deficiency re: #14 Motion for Limited Admission Pro Hac Vice of Matthew M. Jankowski. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: a signed and dated New Attorney E-filing Registration Form; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad)
September 11, 2023 Opinion or Order Filing 14 MOTION for Limited Admission Pro Hac Vice of Matthew M. Jankowski Filing fee $100, receipt number ANYNDC-6440839. (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Sponsorship Form) Motions referred to Daniel J. Stewart. (Graves-Poller, Barbara)
September 11, 2023 Opinion or Order Filing 13 STATUS REPORT on scheduled inspections by Building Safety and Zoning Enforcement of the City of Kingston, City of Kingston, City of Kingston Office of Planning. (Graves-Poller, Barbara)
September 11, 2023 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #12 Motion to Continue,, Motion for Miscellaneous/Other Relief. Added further description of relief in motion to the docket so that the entry states: Motion to Continue to Allow Pseudonym for John Does. (see)
September 9, 2023 Opinion or Order Filing 12 MOTION to Continue to Allow Pseudonym for John Does filed by Chestnut Hill NY, Inc.., MOTION allow plaintiffs with anonymous names re #1 Complaint, filed by Chestnut Hill NY, Inc.. Response to Motion due by 10/2/2023 (Attachments: #1 Affirmation) Motions referred to Daniel J. Stewart. (Walter, Lanny) Modified on 9/11/2023 (see).
September 8, 2023 Opinion or Order Filing 11 TEXT ORDER: The Court has reviewed the parties' recent submissions. (Dkt. Nos. #9 , #10 ). Plaintiffs state that: on 8/31/2023, Defendants posted a letter on the 106 Chestnut Hill premises advising residents that they "must enter and exit... through the front door" only; on 9/6/2023, a City of Kingston zoning officer conducted an inspection of the premises and issued a violation notice and "announced to the residents present in a loud voice that he needs all their names and telephone numbers, and that the facility was operating illegally"; and the City of Kingston building department would be returning to the premises for another inspection today, 9/8/2023. (Dkt. No. 9). Defendants respond that they have engaged in these actions "to assess the status of myriad Administrative Code violations and dangerous conditions in advance of our [9/15/2023] briefing deadline." (Dkt. No. 10). Defendants are directed to file, by 12:00 p.m. Monday, 9/11/2023, a status report specifying the date, time, and purpose for all planned, non-emergency, visits by any City representative, to the 106 Chestnut Hill premises between now and Monday, 9/20/2023. SO ORDERED by Chief Judge Brenda K. Sannes on 9/8/2023. (nmk)
September 7, 2023 Opinion or Order Filing 10 STATUS REPORT by City of Kingston Office of Planning. (Graves-Poller, Barbara)
September 7, 2023 Opinion or Order Filing 9 RESPONSE in Support re #5 First MOTION for Temporary Restraining Order filed by Chestnut Hill NY, Inc.. (Walter, Lanny)
August 31, 2023 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Barbara Jeane Graves-Poller on behalf of All Defendants (Graves-Poller, Barbara)
August 31, 2023 Opinion or Order ***Answer due date updated for Building Safety and Zoning Enforcement of the City of Kingston answer due 9/19/2023; City of Kingston answer due 9/19/2023; City of Kingston Office of Planning answer due 9/19/2023. (see)
August 31, 2023 Opinion or Order Minute Entry for proceedings held before Chief Judge Brenda K. Sannes: Telephone Conference held on 8/31/2023; App: L. Walter, Esq., for Pltfs; B. Graves-Poller, Esq., for Defts; Court Reporter: Hannah Cavanaugh; Court hears parties' respective positions re: potential evictions and Plaintiffs' #5 MOTION for Temporary Restraining Order; Defendants indicate the current status quo will remain until the motion is briefed and argued; Court urges the parties to attempt to resolve some of the violations currently in dispute; Plaintiff is directed to file the appropriate motion if they intend to proceed by pseudonym; Motion hearing and briefing schedule is set; Defendants' Response to the #5 Motion due by 9/15/2023; Plaintiffs' Reply to Response to the #5 Motion due by 12:00pm on 9/19/2023. A hearing will be held on 9/20/2023 at 10:00 AM in Syracuse before Chief Judge Brenda K. Sannes; By the close of business on 9/19/2023, the parties shall advise the Court of any witnesses they intend to call during the 9/20/2023 hearing. (amt)
August 30, 2023 Opinion or Order Filing 7 AFFIDAVIT of Service for Summons, Complint, Order to Show Cause, Attorney Affirmation, Exhibits, Memorandum of Law,General order 25, Notice of Electronic Filing Complaint served on Defendants City of Albany on 8/29/2023 & 8/30/2023, filed by Chestnut Hill NY, Inc.. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit)(Walter, Lanny)
August 28, 2023 Opinion or Order Filing 6 TEXT ORDER: The Court has reviewed the #1 complaint, #5 Plaintiffs' motion for preliminary injunction and/or temporary restraining order, and all attachments. The Court notes that Plaintiffs' attorney affirmation indicates that notice has been given to the Kingston Corporation Counsel "that Plaintiffs have filed this application for a Temporary Restraining Order and Preliminary Injunction and have sent her electronically a copy of the moving papers." (Dkt. No. 5-1, at 1). However, Plaintiffs do not indicate that they have served the complaint and have not filed a certificate of service. Accordingly, Plaintiffs are directed to serve the complaint, motion papers, all attachments, and this Text Order on Defendants by August 30, 2023, and file a properly executed certificate of service as to all Defendants by August 30, 2023. A telephone conference is scheduled for 11:45 a.m. on August 31, 2023, to set a briefing schedule. The parties are directed to dial 315-691-0477 and use ID 11394259# to connect to the conference. Signed by Chief Judge Brenda K. Sannes on 08/28/2023. (sr)
August 27, 2023 Opinion or Order Filing 5 First MOTION for Temporary Restraining Order by Chestnut Hill NY, Inc., John Doe #1, John Doe #2, John Doe #3, Joseph Sangiovanni. (Attachments: #1 Affirmation, #2 Affidavit, #3 Exhibit(s), #4 Exhibit(s), #5 Memorandum of Law)(Walter, Lanny)
August 23, 2023 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY re #1 Complaint. The complaint submitted to the shell case cut off the right margin, mainly on the first page. Received a better image of the complaint and replaced the image on the docket. (see)
August 22, 2023 Opinion or Order Filing 4 TEXT ORDER: granting Direct Assignment. The cases are deemed related. SO ORDERED by Chief Judge Brenda K. Sannes on 8/22/2023. (nmk)
August 22, 2023 Opinion or Order Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/20/2023 at 10:00 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 11/13/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see)
August 22, 2023 Opinion or Order Filing 2 Summonses Issued as to Building Safety and Zoning Enforcement of the City of Kingston, City of Kingston, and City of Kingston Office of Planning. (Attachments: #1 Summons for City of Kingston Office of Planning, #2 Summons for Building Safety and Zoning Enforcement of the City of Kingston)(see)
August 22, 2023 Opinion or Order TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 1:17-CV-95. (see)
August 21, 2023 Opinion or Order Filing 1 COMPLAINT WITH JURY DEMAND against Building Safety and Zoning Enforcement of the City of Kingston, City of Kingston, and City of Kingston Office of Planning (Filing fee $402 receipt number ANYNDC-6416756) filed by John Doe #1, John Doe #3, Joseph Sangiovanni, Chestnut Hill NY, Inc., and John Doe #2. (Attachments: #1 Civil Cover Sheet)(see)

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Search for this case: Chestnut Hill NY, Inc. et al v. City of Kingston et al
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Plaintiff: Chestnut Hill NY, Inc.
Represented By: Lanny E. Walter
Represented By: Thomas J. Minotti
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Plaintiff: John Doe #1
Represented By: Lanny E. Walter
Represented By: Thomas J. Minotti
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Plaintiff: John Doe #2
Represented By: Lanny E. Walter
Represented By: Thomas J. Minotti
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Plaintiff: John Doe #3
Represented By: Lanny E. Walter
Represented By: Thomas J. Minotti
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Plaintiff: Joseph Sangiovanni
Represented By: Lanny E. Walter
Represented By: Thomas J. Minotti
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Defendant: City of Kingston
Represented By: Barbara Jeane Graves-Poller
Represented By: Matthew M. Jankowski
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Defendant: City of Kingston Office of Planning
Represented By: Matthew M. Jankowski
Represented By: Barbara Jeane Graves-Poller
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Defendant: Building Safety and Zoning Enforcement of the City of Kingston
Represented By: Matthew M. Jankowski
Represented By: Barbara Jeane Graves-Poller
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