Thompson et al v. Albany Port District Commission et al
| Lorraine Thompson, Valerian Masao, Kerry McCarey, Nathaniel Gray, Kirk Rhatigan, Rachel Apunte, Nick Esposito, Timothy Gross, Susan Gross, Gertrude Prater, Christine Delsignore, John Bohl, Barbara Riscavage, Angela Vanfonda, Amy Musiker, Lori Dempf, Steven Konas, Susan Konas, Dennis O'Leary and Kathleen Bohl |
| National Grid, Albany Port District Commission, Town of Bethlehem Planning Board, Town of Bethlehem Zoning Board of Appeals, Town of Bethlehem Stormwater Manager, George Kansas, Bethlehem Police Department, Town of Bethlehem, Selkirk Fire District Board of Fire Commissioners, Delmar-Bethlehem EMS, Jody Monroe, Victoria Storrs, Basil Seggos, James V. McDonald, Marie T. Dominguez, Robert J. Rodriguez, Erik Kulleseid, Jeanette M. Moy, Rory M. Christian, Doreen Harris, Colonel Matthew W. Luzzatto, Michael S. Regan, Bethlehem Energy Center, PSE&G, Niagara Mohawk Power Corporation, Albany Steam Station, CSX Transportation, Inc., City of Albany, City of Rensselaer, Town of East Greenbush, River Road Holding Co. II, LLC and Corning Hill Properties, LLC |
| 1:2023cv01569 |
| 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 |
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Filing 33
TEXT ORDER GRANTING EXTENSION OF MOTION FILING DEADLINES AND TO MOTIONS TO DISMISS. Pursuant to the Order of the Hon. David N. Hurd, USDJ, the #30 letter motion from Robert C. Dempf, Esq. requesting further modification of the motion schedule is granted and the response and replies to pending motions in #9 MOTION to Dismiss filed by Matthew W. Luzzatto, Michael S. Regan. Motion returnable before Judge David N. Hurd, #11 MOTION to Dismiss filed by Bethlehem Police Department, George Kansas, Town of Bethlehem, Town of Bethlehem Planning Board, Town of Bethlehem Stormwater Manager, Town of Bethlehem Zoning Board of Appeals #12 MOTION to Dismiss filed by Albany Port District Commission, and #27 MOTION to Dismiss filed by Victoria Storrs, shall be filed as follows: 1. That Petitioners'- Plaintiffs' opposition to the motions to dismiss and affirmative or cross motion relief or amendment of the Complaint and Petition sought shall be filed and served on or before February 16, 2024. 2. That Respondents'- Defendants' Reply or opposition to Petitioners'- Plaintiffs' opposition cross-motions or other relief shall be filed and served on or before March 8, 2024. 3. That Petitioners'- Plaintiffs' Reply to Respondents'- Defendants' opposition shall be filed and served on or before March 29, 2024. If any argument as to these motions is necessary it shall be ordered by the Court. No further adjournments shall be entertained or granted. So Ordered by Judge David N. Hurd on 2/6/2024. (ptm). Signed by Judge David N. Hurd on 2/6/2024. (ptm, )
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| Filing 32 Letter Motion from Robert C. Dempf for Rachel Apunte, John Bohl, Kathleen Bohl, Christine Delsignore, Lori Dempf, Nick Esposito, Nathaniel Gray, Susan Gross, Timothy Gross, Steven Konas, Susan Konas, Valerian Masao, Kerry McCarey, Amy Musiker, Dennis O'Leary, Gertrude Prater, Kirk Rhatigan, Barbara Riscavage, Lorraine Thompson, Angela Vanfonda requesting for modification of motion scheduling order submitted to Judge David N. Hurd . (Dempf, Robert) |
| Filing 31 Letter Motion from Robert C. Dempf for Rachel Apunte, John Bohl, Kathleen Bohl, Christine Delsignore, Lori Dempf, Nick Esposito, Nathaniel Gray, Susan Gross, Timothy Gross, Steven Konas, Susan Konas, Valerian Masao, Kerry McCarey, Amy Musiker, Dennis O'Leary, Gertrude Prater, Kirk Rhatigan, Barbara Riscavage, Lorraine Thompson, Angela Vanfonda requesting for modification of motion scheduling order submitted to Judge David N. Hurd . (Dempf, Robert) |
| Filing 30 Letter Motion from Robert C. Dempf for Rachel Apunte, John Bohl, Kathleen Bohl, Christine Delsignore, Lori Dempf, Nick Esposito, Nathaniel Gray, Susan Gross, Timothy Gross, Steven Konas, Susan Konas, Valerian Masao, Kerry McCarey, Amy Musiker, Dennis O'Leary, Gertrude Prater, Kirk Rhatigan, Barbara Riscavage, Lorraine Thompson, Angela Vanfonda requesting for modification of motion scheduling order submitted to Judge David N. Hurd . (Dempf, Robert) |
| Filing 29 NOTICE OF APPEARANCE by Terence S. Hannigan on behalf of Selkirk Fire District Board of Fire Commissioners (Hannigan, Terence) |
| Filing 28 CERTIFICATE OF SERVICE by Victoria Storrs re #27 MOTION to Dismiss filed by Victoria Storrs. Motion returnable before Judge David N Hurd (Hedgeman, Catherine) |
| Filing 27 MOTION to Dismiss filed by Victoria Storrs. Motion returnable before Judge David N Hurd Response to Motion due by 2/12/2024. Reply to Response to Motion due by 2/20/2024 (Attachments: #1 Memorandum of Law, #2 Affidavit Catherine M. Hedgeman, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E, #8 Exhibit(s) F, #9 Exhibit(s) G, #10 Exhibit(s) H) (Hedgeman, Catherine) |
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Filing 26
TEXT ORDER: This civil action was removed from Albany County Supreme Court on December 13, 2023. Thereafter, several defendants moved to dismiss. Dkt. Nos., #9 , #11 , #12 . The Court has already modified the briefing schedule on those three motions. Dkt. No. 24 . Defendant Victoria Storrs has filed a letter requesting that her previously filed state-court motion to dismiss be considered in tandem with those three other motions. Dkt. No. #25 . But that request must be denied without prejudice. Under Local Rule 81.4, the Court will not consider a motion that a party filed in state court unless that party refiles the motion in this Court in accordance with the Local Rules of Practice for the Northern District of New York. If defendant elects to re-file the motion in accordance with the Local Rules, the Court will entertain a request to modify the briefing schedule at that time. So Ordered by Judge David N. Hurd on 01/18/2024. (hmr)
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| Filing 25 Letter Motion from Catherine M. Hedgeman for Victoria Storrs requesting Schedule for Motion to dismiss submitted to Judge Hurd . (Hedgeman, Catherine) |
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Filing 24
TEXT ORDER GRANTING EXTENSION OF MOTION FILING DEADLINES AND TO MOTIONS TO DISMISS. Pursuant to the Order of the Hon. David N. Hurd, USDJ, the response and replies to pending motions to dismiss, in #9 MOTION to Dismiss filed by Matthew W. Luzzatto, Michael S. Regan. Motion returnable before Judge David N. Hurd, #11 MOTION to Dismiss filed by Bethlehem Police Department, George Kansas, Town of Bethlehem, Town of Bethlehem Planning Board, Town of Bethlehem Stormwater Manager, Town of Bethlehem Zoning Board of Appeals and #12 MOTION to Dismiss filed by Albany Port District Commission, shall be filed as follows: 1. That Petitioners'- Plaintiffs' opposition to the motions to dismiss and affirmative or cross motion relief or amendment of the Complaint and Petition sought shall be filed and served on or before February 9, 2024.2. That Respondents'- Defendants' Reply or opposition to Petitioners'- Plaintiffs' opposition cross-motions or other relief shall be filed and served on or before March 1, 2024.3. That Petitioners'- Plaintiffs' Reply to Respondents'- Defendants' opposition shall be filed and served on or before March 22, 2024. If any argument as to these motions is necessary it shall be ordered by the Court. So Ordered by Judge David N. Hurd on 1/16/2024. (ptm)
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| Filing 23 NOTICE OF APPEARANCE by Anthony Bjelke on behalf of Jody Monroe (Bjelke, Anthony) |
| Filing 22 NOTICE OF APPEARANCE by Thomas A. Shepardson on behalf of Jody Monroe (Shepardson, Thomas) |
| Filing 21 Letter Motion from Robert C. Dempf for Rachel Apunte, John Bohl, Kathleen Bohl, Christine Delsignore, Lori Dempf, Nick Esposito, Nathaniel Gray, Susan Gross, Timothy Gross, Steven Konas, Susan Konas, Valerian Masao, Kerry McCarey, Amy Musiker, Dennis O'Leary, Gertrude Prater, Kirk Rhatigan, Barbara Riscavage, Lorraine Thompson, Angela Vanfonda requesting Letter-So Order submitted to Judge Hon. David N. Hurd . (Dempf, Robert) |
| Filing 20 Letter Motion from Robert C. Dempf for Rachel Apunte, John Bohl, Kathleen Bohl, Christine Delsignore, Lori Dempf, Nick Esposito, Nathaniel Gray, Susan Gross, Timothy Gross, Steven Konas, Susan Konas, Valerian Masao, Kerry McCarey, Amy Musiker, Dennis O'Leary, Gertrude Prater, Kirk Rhatigan, Barbara Riscavage, Lorraine Thompson, Angela Vanfonda requesting Extension of time for Notice of Motion responses, other relief, reply submitted to Judge Hon. David N. Hurd and Hon. Daniel J. Stewart . (Dempf, Robert) |
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Filing 19
TEXT ORDER Granting Direct Assignment. Pursuant to Notice of General Order 12 of a potentially related case: 1:23-cv-1567. The cases are deemed related. So Ordered by Judge David N. Hurd on 12/28/2023. (ptm)
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| Filing 18 NOTICE OF APPEARANCE by Catherine M. Hedgeman on behalf of Victoria Storrs (Hedgeman, Catherine) |
| TEXT NOTICE OF FILING DEFICIENCY as to Bethlehem Police Department, George Kansas, Town of Bethlehem, Town of Bethlehem Planning Board, Town of Bethlehem Stormwater Manager, Town of Bethlehem Zoning Board of Appeals regarding the #16 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address, Firm Name, Phone Number and 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. - Clerk emailed a copy of this NEF to the email address listed on the Dkt. No. 16 Notice of Appearance on 12/26/2023. Notice of Filing Deficiency Deadline 12/28/2023 (hmr) |
| Filing 17 NOTICE OF APPEARANCE by John J. Sipos on behalf of Rory M. Christian (Sipos, John) |
| Filing 16 NOTICE OF APPEARANCE by Mark T. Sweeney on behalf of Bethlehem Police Department, George Kansas, Town of Bethlehem, Town of Bethlehem Planning Board, Town of Bethlehem Stormwater Manager, Town of Bethlehem Zoning Board of Appeals (Sweeney, Mark) |
| Filing 15 AFFIDAVIT re #12 MOTION to Dismiss filed by Albany Port District Commission. Affidavit of Service by Albany Port District Commission. (Shepardson, Thomas) |
| TEXT NOTICE OF FILING DEFICIENCY as to Bethlehem Police Department, George Kansas, Town of Bethlehem, Town of Bethlehem Planning Board, Town of Bethlehem Stormwater Manager, Town of Bethlehem Zoning Board of Appeals regarding the #10 Notice of Appearance, #11 MOTION to Dismiss filed by Bethlehem Police Department, George Kansas, Town of Bethlehem, Town of Bethlehem Planning Board, Town of Bethlehem Stormwater Manager, Town of Bethlehem Zoning Board of Appeals. Motion returnable before Judge DNH NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. MEMORANDUM OF LAW IS MISSING FROM THE Dkt. No. #11 Motion to Dismiss - Please file this document into the case and link to the Dkt. No. #11 Motion to Dismiss. Notice of Filing Deficiency Deadline 12/27/2023 (hmr) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #10 Notice of Appearance: Clerk removed "Notice of Appearance" and added "Notice of Motion" to this docket entry to correctly identify the document that was filed. (hmr) |
| Filing 14 AFFIDAVIT in Support re #9 MOTION to Dismiss filed by Matthew W. Luzzatto, Michael S. Regan. Motion returnable before Judge David N. Hurd Amended Hoggan Declaration with signature filed by Matthew W. Luzzatto, Michael S. Regan. (Hoggan, John) |
| Filing 13 CERTIFICATE OF SERVICE by Matthew W. Luzzatto, Michael S. Regan re #9 MOTION to Dismiss filed by Matthew W. Luzzatto, Michael S. Regan. Motion returnable before Judge David N. Hurd (Hoggan, John) |
| Filing 12 MOTION to Dismiss filed by Albany Port District Commission. 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 of Thomas Shepardson, #3 Exhibit(s) A - Decision and Order, #4 Exhibit(s) B - AOS, #5 Exhibit(s) C - Letter with Briefing Schedule, #6 Exhibit(s) List of Articles and Video Links, #7 Exhibit(s) E - Petitioners' Counsel's Aff, #8 Exhibit(s) F - Petitions, #9 Exhibit(s) G - Court Transcript, #10 Exhibit(s) H - Resolution, #11 Affidavit of Richard Hendrick, #12 Exhibit(s) of Hendrick Aff in State Court) (Shepardson, Thomas) |
| Filing 11 MOTION to Dismiss filed by Bethlehem Police Department, George Kansas, Town of Bethlehem, Town of Bethlehem Planning Board, Town of Bethlehem Stormwater Manager, Town of Bethlehem Zoning Board of Appeals. Motion returnable before Judge DNH Response to Motion due by 1/10/2024. Reply to Response to Motion due by 1/17/2024 (Attachments: #1 Affidavit) (Potter, James) |
| Filing 10 NOTICE OF MOTION by James T. Potter on behalf of Bethlehem Police Department, George Kansas, Town of Bethlehem, Town of Bethlehem Planning Board, Town of Bethlehem Stormwater Manager, Town of Bethlehem Zoning Board of Appeals (Potter, James) Modified on 12/21/2023 (hmr, ). |
| Filing 9 MOTION to Dismiss filed by Matthew W. Luzzatto, Michael S. Regan. 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) Ferreira Letter, #4 Exhibit(s) B) Prior Proceeding Petition, #5 Exhibit(s) C) Decision and Order) (Hoggan, John) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #5 Notice of Appearance: Clerk removed "Anthony Bjelke" and added "Thomas A. Shepardson" to this docket entry, since this Notice of Appearance was for him. (hmr) |
| Filing 8 CERTIFICATE OF SERVICE by Matthew W. Luzzatto, Michael S. Regan re #1 Notice of Removal, (Hoggan, John) |
| Filing 7 NOTICE OF APPEARANCE by Thomas A. Shepardson on behalf of Albany Port District Commission (Shepardson, Thomas) |
| Filing 6 NOTICE OF APPEARANCE by Anthony Bjelke on behalf of Albany Port District Commission (Bjelke, Anthony) |
| Filing 5 NOTICE OF APPEARANCE by Thomas A. Shepardson on behalf of Albany Port District Commission (Bjelke, Anthony) Modified on 12/20/2023 (hmr). |
| Filing 4 NOTICE OF APPEARANCE by Meredith G. Lee-Clark on behalf of Marie T. Dominguez, Doreen Harris, Erik Kulleseid, James V. McDonald, Jeanette M. Moy, Robert J. Rodriguez, Basil Seggos (Lee-Clark, Meredith) |
| TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 1:23-CV-1567. (hmr) |
| ***Answer due date updated for Matthew W. Luzzatto answer due 12/20/2023; Michael S. Regan answer due 12/20/2023. (hmr) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/11/2024 at 11:00 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 3/4/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) |
| Filing 2 STATE COURT PETITION AND COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in Albany County Supreme Court. (hmr) |
| Filing 1 NOTICE OF REMOVAL from Albany County Supreme Court, case number 902286-23 filed by Matthew W. Luzzatto, Michael S. Regan. ($405.00 Fee Waived) (Attachments: #1 Exhibit A - Notice of Petition and Verified Petition, #2 Exhibit B - Groff Affidavit, #3 Exhibit C - Dempf Affirmation, #4 Exhibit D - Kleinke Affidavit, #5 Exhibit E - Affidavit of Service, #6 Civil Cover Sheet)(hmr) |
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