Rowlands et al v. US Army Corps of Engineers et al
| Sylvia Rowlands, Phillip Rowlands, Daniel Maier and Joanne Maier |
| US Army Corps of Engineers, US Maritime Administration Department, NYS Department of Environmental Conservation, NYS Office of General Services, NYS Historic Preservation Office, NYS Department of State, NYS Department of Transportation, NYS Energy and Research Developmental Agency, NYS Office of Renewable Energy Siting, Albany County Health Department, Albany County Planning Board, Town of Bethlehem Planning Board, Town of Bethlehem Zoning Board of Appeals, Town of Bethlehem Department of Public Works, City of Albany Planning Board, City of Albany Department of General Services and City of Albany Water Department |
| 1:2023cv01567 |
| December 13, 2023 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Daniel J Stewart |
| Environmental Matters |
| 28 U.S.C. § 1442 Notice of Removal |
| None |
Docket Report
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| Filing 18 LETTER OF ACKNOWLEDGMENT re #17 Docket Annotation. (khr) |
| Filing 17 Letter dated 1/24/2024 by Deputy Clerk Susan Evans, enclosing certified copies of Text Order and Docket Sheet to Albany County Supreme Court, along with a copy of letter to return as acknowledgement. (see) |
Filing 16
TEXT ORDER: The four named petitioners, acting pro se, initially commenced this action as an Article 78 proceeding in Supreme Court, Albany County. As relevant here, the verified petition named as defendants the U.S. Army Corps of Engineers and the U.S. Maritime Administration Department (the Federal Defendants). Thereafter, the Federal Defendants exercised their statutory right to remove the petition to this forum on December 13, 2023, Dkt. No. 1, and then moved to dismiss on the basis of various immunity principles and jurisdictional defects, Dkt. No. 8. In response, petitioners have filed a letter motion in which they acknowledge that the Federal Defendants are immune from suit under Article 78. Id. Petitioners request a partial discontinuance of their claims against the Federal Defendants and an order remanding the remainder of their petition to state court. Dkt. No. 14. In reply, the Federal Defendants have consented to a partial discontinuance and a remand. Dkt. No. 15. Upon review of this matter in light of the governing law, petitioners' request will be granted. Petitioners' claims against the Federal Defendants are DISMISSED without prejudice. The remaining motions are DENIED without prejudice as moot. The Clerk of the Court is directed to terminate the Federal Defendants and to remand this action to Supreme Court, Albany County, for further proceedings against the remaining defendants. So Ordered by Judge David N. Hurd on 1/24/2024. (Copy served via regular mail on Sylvia Rowlands, Phillip Rowlands, Daniel Maier, Joanne Maier, and certified copies mailed to New York State Supreme Court, Albany County on 1/24/2024)(see)
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| Filing 15 Letter Motion from John Hoggan for US Army Corps of Engineers, US Maritime Administration Department requesting Consent to Dismissal submitted to Judge Hurd . (Hoggan, John) |
| Filing 14 Letter Request/Motion from Daniel Maier, Joanne Maier, Phillip Rowlands, Sylvia Rowlands requesting discontinuance of case and to remand back to State Court submitted to Judge David N. Hurd. (khr)(Filed via MFT on 1/21/2024) |
| Filing 13 Letter Request/Motion from Daniel Maier, Joanne Maier, Phillip Rowlands, Sylvia Rowlands requesting extension of time to respond to motion submitted to Judge David N. Hurd. (khr)(Filed via MFT on 1/21/2024) |
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Filing 12
TEXT ORDER: The Rule 16 conference set for 1/16/2024 and the 1/9/2024 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the #8 Motion to Dismiss. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/11/2024. (gmd) [copy sent via regular mail]
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| TEXT NOTICE OF FILING DEFICIENCY as to Town of Bethlehem Department of Public Works, Town of Bethlehem Planning Board, Town of Bethlehem Zoning Board of Appeals regarding the #11 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address and/or email address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 1/2/2024 (khr) |
| Filing 11 NOTICE OF APPEARANCE by Mark T. Sweeney on behalf of Town of Bethlehem Department of Public Works, Town of Bethlehem Planning Board, Town of Bethlehem Zoning Board of Appeals (Sweeney, Mark) |
| Filing 10 AFFIDAVIT of Service for Notice of Appearance served on Sylvia Rowlands, Philip Rowlands, Joanne Maier, Daniel Maier on December 20, 2021, filed by NYS Department of Environmental Conservation, NYS Department of State, NYS Department of Transportation, NYS Energy and Research Developmental Agency, NYS Historic Preservation Office, NYS Office of General Services, NYS Office of Renewable Energy Siting. (Lee-Clark, Meredith) |
| Filing 9 CERTIFICATE OF SERVICE by US Army Corps of Engineers, US Maritime Administration Department re #8 MOTION to Dismiss filed by US Army Corps of Engineers, US Maritime Administration Department. Motion returnable before Judge David N. Hurd (Hoggan, John) |
| Filing 8 MOTION to Dismiss filed by US Army Corps of Engineers, US Maritime Administration Department. Motion returnable before Judge David N. Hurd Response to Motion due by 1/10/2024. Reply to Response to Motion due by 1/17/2024 (Attachments: #1 Memorandum of Law, #2 Declaration Hoggan Declaration, #3 Exhibit(s) A) Prior Proceeding Petition, #4 Exhibit(s) B) Decision and Order) (Hoggan, John) |
| Filing 7 NOTICE OF APPEARANCE by James T. Potter on behalf of Town of Bethlehem Department of Public Works, Town of Bethlehem Planning Board, Town of Bethlehem Zoning Board of Appeals (Potter, James) |
| Filing 6 NOTICE OF APPEARANCE by Meredith G. Lee-Clark on behalf of NYS Department of Environmental Conservation, NYS Department of State, NYS Department of Transportation, NYS Energy and Research Developmental Agency, NYS Historic Preservation Office, NYS Office of General Services, NYS Office of Renewable Energy Siting (Lee-Clark, Meredith) |
| Filing 5 CERTIFICATE OF SERVICE by US Army Corps of Engineers, US Maritime Administration Department re #1 Notice of Removal, #4 Pro Se Handbook and Notice Issued, #3 G.O. 25 Filing Order, (Hoggan, John) |
| Filing 4 PRO SE HANDBOOK and NOTICE issued to each individual plaintiff on 12/14/2023. (khr)(Copy of the Pro Se Handbook, Pro Se Notice, Local Rules and GO#25 mailed to each individual plaintiff on 12/14/2023) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/16/2024 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 1/9/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) |
| ***Answer due date updated for US Army Corps of Engineers and US Maritime Administration Department to 12/20/2023. (see) |
| Filing 2 STATE COURT VERIFIED PETITION relating to #1 Notice of Removal, filed by Plaintiffs in NYS Supreme Court - County of Albany. (khr) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - County of Albany, case number 90227623 filed by US Maritime Administration Department, US Army Corp of Engineers. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(khr)(Filing Fee waived) |
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