OurBus, Inc. v. City of Ithaca, New York
| OurBus, Inc. |
| City of Ithaca, New York, Joann Cornish, Jennifer Kusznir, Eric Hathaway, Svante Myrick, Krin Flaherty, Aaron O. Levine and Common Council of the City of Ithaca |
| 3:2019cv00356 |
| March 21, 2019 |
| US District Court for the Northern District of New York |
| Thomas J McAvoy |
| David E Peebles |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 Fed. Question: Interstate Commerce Act |
| None |
Docket Report
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This docket was last retrieved on July 16, 2019. A more recent docket listing may be available from PACER.
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Filing 74
ORDER DISMISSING CASE regarding the #73 Stipulation of Dismissal. Signed by Magistrate Judge David E. Peebles on 7/16/2019. (meb)
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Filing 73
STIPULATION of Dismissal with Prejudice by City of Ithaca, New York, Common Council of the City of Ithaca, Joann Cornish, Krin Flaherty, Eric Hathaway, Jennifer Kusznir, Aaron O. Levine, Svante Myrick submitted to Judge Peebles. (Smith, Edward)
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Filing 72
AFFIDAVIT of Service for Amended Summons and Complaint served on Common Council of the City of Ithaca on 6/27/19, filed by OurBus, Inc.. (Lagios, James)
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Filing 71
DECISION AND ORDER that plaintiff's motion for a temporary restraining order and preliminary injunction (Dkt. No #2 ) is DENIED. Signed by Magistrate Judge David E. Peebles on 6/28/2019. (sal )
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Filing 70
NOTICE by OurBus, Inc. re #61 Summons Issued, #59 Amended Complaint, (Attachments: #1 Supplemental Notice of Filing Proof of Service, #2 Supplemental Notice of Filing Proof of Service, #3 Supplemental Notice of Filing Proof of Service)(Lagios, James)
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Filing 69
Defendants' ANSWER to #59 Amended Complaint, by City of Ithaca, New York, Common Council of the City of Ithaca, Joann Cornish, Krin Flaherty, Eric Hathaway, Jennifer Kusznir, Aaron O. Levine, Svante Myrick.(Felter, Karen)
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Filing 68
AFFIDAVITS OF SERVICE filed by OurBus, Inc. re #61 Summonses and #59 Amended Complaint as to defendants Aaron O. Levine, Krin Flaherty, Joann Cornish, Jennifer Kusznir, Eric Hathaway, Common Council of the City of Ithaca, and Svante Myrick. (Attachments: #1 Notice of Filing Proof of Service, #2 Notice of Filing Proof of Service, #3 Notice of Filing Proof of Service, #4 Notice of Filing Proof of Service, #5 Notice of Filing Proof of Serivce, #6 Notice of Filing Proof of Service)(Lagios, James) Modified on 6/11/2019 to change from a notice to an Affidavit of Service (sal ).
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***Answer due date updated for Common Council of the City of Ithaca answer due 6/26/2019; Joann Cornish answer due 6/26/2019; Krin Flaherty answer due 6/26/2019; Eric Hathaway answer due 6/26/2019; Jennifer Kusznir answer due 6/26/2019; Aaron O. Levine answer due 6/26/2019; Svante Myrick answer due 6/26/2019. (sal )
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Filing 67
CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge David E. Peebles. Signed by Senior Judge Thomas J. McAvoy on 5/28/2019) (amt)
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Filing 66
Proposed Findings of Fact and Conclusions of Law by City of Ithaca, New York. (Felter, Karen)
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Filing 65
Proposed Findings of Fact and Conclusions of Law by OurBus, Inc.. (Lagios, James)
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Filing 64
TEXT ORDER denying as moot the #29 Motion to Dismiss filed by the Defendant City of Ithaca. Plaintiff has filed an Amended Complaint. See dkt. #59 . Defendants shall answer or otherwise respond to that Amended Complaint within 21 days of the date of this Order. Authorized by Senior Judge Thomas J. McAvoy on 5/24/2019. (amt)
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***Answer due date updated for City of Ithaca, New York: Answer due 6/14/2019. (amt)
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Filing 63
TEXT ORDER: Addressing the two letters from counsel received today, Dkt. Nos. #60 , #62 , I note that defendant is correct that the amended complaint, which was amended as of right pursuant to Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure, has added several claims and defendants. Dkt. No. #59 . That pleading, however, does not substantially alter the nature of injunctive relief requested by plaintiff because it appears that the newly-asserted legal and factual claims have no bearing on the injunctive relief as it was initially sought by plaintiff. Accordingly, defendant's letter request to extend the briefing and submissions schedule, Dkt. No. #60 is DENIED without prejudice to renewal upon a showing of good cause. The parties' submissions should address only those claims central and immediately relevant to the injunction as initially requested by plaintiff. To the extent that the amended complaint may moot the pending motion to dismiss, Dkt. No. #29 , that determination would be made by Senior District Judge Thomas J. McAvoy, before whom the motion is pending. The clerk of the court is respectfully directed to terminate the pending motions referenced in Dkt. Nos. #60 , #62 . SO ORDERED by Magistrate Judge David E. Peebles on 5/23/2019. (sal )
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Filing 62
Letter Motion from James P. Lagios for OurBus, Inc. requesting In Response to the City of Ithaca's Letter Motion re Amended Complaint submitted to Judge David E. Peebles . (Lagios, James)
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Filing 61
Summons Issued as to Common Council of the City of Ithaca, Joann Cornish, Krin Flaherty, Eric Hathaway, Jennifer Kusznir, Aaron O. Levine, Svante Myrick. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(jdp, )
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Filing 60
Letter Motion from Karen G. Felter in response to filing of Amended Complaint for City of Ithaca, New York requesting That plaintiff be required to file amended motion for injunctive relief, that Court issue new briefing schedule for post-evidentiary hearing submissions or schedule conference to discuss impact of filing of Amended Complaint submitted to Judge Peebles . (Felter, Karen)
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Filing 59
AMENDED COMPLAINT against All Defendants filed by OurBus, Inc.. (Attachments: #1 Proposed Summons of Aaron Levine, #2 Proposed Summons of Krin Flaherty, #3 Proposed Summons of Joann Cornish, #4 Proposed Summons of Jennifer Kusznir, #5 Proposed Summons of Eric Hathaway, #6 Proposed Summons of Common Council of the City of Ithaca, #7 Proposed Summons of Svante Myrick)(Lagios, James)
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Filing 58
***SEALED DOCUMENT : TRANSCRIPT of Proceedings FILED UNDER SEAL: Evidentiary Hearing - Volume III held on 5/15/19 before Judge David E. Peebles, Court Reporter: Hannah Cavanaugh, Telephone number: (315) 234-8545. (sal) (sal, ).
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Filing 57
TEXT ORDER granting #54 Letter Request. The court receives Plaintiff's Corrected Exhibit 13 as evidence on consent of the parties. SO ORDERED by Magistrate Judge David E. Peebles on 5/20/2019. (sal )
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Filing 56
TRANSCRIPT of Proceedings: Evidentiary Hearing - Volume II held on 5/15/19 before Judge David E. Peebles, Court Reporter: Hannah Cavanaugh, Telephone number: (315) 234-8545. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2019. Redacted Transcript Deadline set for 6/20/2019. Release of Transcript Restriction set for 8/19/2019. Notice of Intent to Redact due by 5/28/2019 (hfc, )
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Filing 55
TRANSCRIPT of Proceedings: Evidentiary Hearing - Volume I held on 5/10/2019 before Judge David E. Peebles, Court Reporter: Hannah Cavanaugh, Telephone number: (315) 234-8545. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2019. Redacted Transcript Deadline set for 6/20/2019. Release of Transcript Restriction set for 8/19/2019. Notice of Intent to Redact due by 5/28/2019 (hfc, )
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Filing 54
Letter Motion from James P. Lagios for OurBus, Inc. requesting Submission of Plaintiff's Corrected Exhibit 13 submitted to Judge David E. Peebles . (Attachments: #1 Exhibit(s) Plaintiff's Corrected Exhibit 13)(Lagios, James)
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Filing 53
TEXT ORDER : Due to the pending motions in this action, the in person Rule 16 Conference set for 6/21/2019 at 11:00 AM in Binghamton is adjourned without date. The deadline for filing a Civil Case Management Plan and exchange of mandatory disclosures is stayed at this time. SO ORDERED by Magistrate Judge David E. Peebles on 5/20/2019. (sal )
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Filing 52
TEXT ORDER granting #51 Letter Request. The court receives Plaintiff's Exhibit 13 as evidence on consent of the parties. SO ORDERED by Magistrate Judge David E. Peebles on 5/20/2019. (sal )
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Filing 51
Letter Motion from James P. Lagios for OurBus, Inc. requesting Submission of Plaintiff's Exhibit 13 submitted to Judge David E. Peebles . (Attachments: #1 Exhibit(s) Plaintiff's Exhibit 13)(Lagios, James)
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Filing 50
Letter Motion from Karen G. Felter, Esq. for City of Ithaca, New York requesting in response to supplemental declaration of Lawrence Hughes submitted to Judge Peebles . (Felter, Karen)
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Filing 49
TEXT ORDER granting #48 Letter Request. The court receives Defendant's Exhibit 27 as evidence on consent of the parties. SO ORDERED by Magistrate Judge David E. Peebles on 5/17/2019. (sal)
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Filing 48
Letter Motion from Edward J. Smith, III, Esq. for City of Ithaca, New York requesting the Court receive Defendant's Exhibit 27 as part of the record of the Hearing submitted to Judge Hon. David E. Peebles . (Attachments: #1 Defendant's Exhibit 27)(Smith, Edward)
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Filing 46
TRANSCRIPT REQUEST by City of Ithaca, New York for proceedings held on 05/10/19 & 05/15/19 before Judge Peebles.. (Attachments: #1 Transcript Order, #2 certificate of service)(Felter, Karen)
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing continued and held on 5/17/2019 re #2 Motion for Preliminary Injunction filed by OurBus, Inc.. 9:32 AM - Court is in session. Magistrate Judge Peebles RESERVES DECISION regarding plaintiff's Rule 408 objection. Eric Hathaway resumes the stand for cross-examination by defendant's counsel. Defendant's counsel offers D-14, D-18, D-19, D-20, D-22, D-23, and D-26 as evidence, which are received by the court. 12:42 PM - P-12 is received as evidence subject to striking in the event it violates Rule 408. 2:48 PM - Plaintiff's counsel calls Jennifer Kusznir as a witness. Cross-examination of this witness by defendant's counsel. 4:02 PM - Plaintiff's counsel call Axel Hellman as a rebuttal witness who resumes the stand. Plaintiff's counsel offers P-13 as evidence, which is received by the court. 4:05 PM - Plaintiff rests. 4:10 PM - This portion of the transcript is ordered sealed by the court. D-25 is received as evidence by the court under seal and subject to the protective order that is in place. 4:15 PM - Defendant rests. Once counsel receives the transcript of this proceeding, the proposed findings of fact and conclusions of law must be filed by 5/24/2019. Counsel is directed to share the expense of the transcript. Parties may file a consent to proceed before the magistrate judge. In the event the parties consent to proceed before the magistrate judge and it is approved by Senior District Judge McAvoy, Magistrate Judge Peebles intends to maintain this case when he retires and becomes a recall judge for this district. 4:24 PM - Court is adjourned. APP: APP: Steven Diaz, Esq., James Lagios, Esq., Lawrence Hughes, Esq. for Ptlf., as well as Co-Founders of OurBus, Inc. Nerinder Singh Chedhe and Axel Hellman. Edward Smith, III, Esq., and Karen Felter, Esq. for Deft.. (Court Reporter Hannah Cavanaugh) (sal )
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Filing 47
TEXT ORDER approving the #45 Stipulation For the Production and Exchange of Confidential Information subject to the following qualification: Paragraph 22 of the stipulation shall not be construed to require the court to return any confidential materials filed in the action upon its completion. SO ORDERED by Magistrate Judge David E. Peebles on 5/15/2019. (sal )
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Filing 45
STIPULATION and Order for the Production and Exchange of Confidential Information by OurBus, Inc. submitted to Judge David E. Peebles. (Lagios, James)
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Filing 44
REPLY to Response to Motion re #2 MOTION for Preliminary Injunction Supplemental Declaration of Lawrence Hughes in Further Support of Order to Show Cause for Temporary Restraining Order and Preliminary Injunction filed by OurBus, Inc.. (Attachments: #1 Exhibit(s) 01 ICC Letter, #2 Exhibit(s) 02 Mayor Koch Letter)(Hughes, Lawrence)
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Filing 43
TRANSCRIPT of Proceedings: Testimony of Eric Hathaway held on 5/10/2019 before Judge David E. Peebles, Court Reporter: Hannah Cavanaugh, Telephone number: (315) 234-8545. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2019. Redacted Transcript Deadline set for 6/14/2019. Release of Transcript Restriction set for 8/12/2019. Notice of Intent to Redact due by 5/20/2019 (hfc, )
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Filing 42
TRANSCRIPT of Proceedings: Testimony of JoAnn Cornish held on 5/10/2019 before Judge David E. Peebles, Court Reporter: Hannah Cavanaugh, Telephone number: (315) 234-8545. 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 before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2019. Redacted Transcript Deadline set for 6/14/2019. Release of Transcript Restriction set for 8/12/2019. Notice of Intent to Redact due by 5/20/2019 (hfc, )
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Filing 41
TRANSCRIPT REQUEST re testimony of witnesses, Eric Hathaway and JoAnn Cornish, by OurBus, Inc. for proceedings held on May 10, 2019 before Judge Peebles.. (Attachments: #1 Transcript Order Form AO 435)(Lagios, James)
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TEXT NOTICE of Continuation of Hearing on Motion #2 for Preliminary Injunction : A continuation of the hearing is set for 5/15/2019 at 9:30 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. (sal)
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing held on 5/10/2019 re #2 Motion for Preliminary Injunction filed by OurBus, Inc.. 9:30 AM - Magistrate Judge Peebles meets with counsel to discuss the possibility of settlement. Case is unable to be resolved at this time. 10:26 AM - Court is in session. Plaintiff's counsel offers exhibits P-1 through P-10 as evidence, which are received by the court. Plaintiff's counsel calls Axel Hellman as a witness. 11:39 AM - Cross-examination of this witness by defendant's counsel. Plaintiff's counsel states that documents have been accepted and received pursuant to a subpoena. The documents will be produced to defendant's counsel for review once a protective order is put in place. Magistrate Judge Peebles "so orders" the protective order and advises counsel that any cross-examination falling under the second category of the protective order will be ordered sealed and that portion of the transcript will similarly be ordered sealed by the court. 11:47 PM - Defendant's counsel offers D-1, D-2, D-4 through D-10, D-12, and D-13 as evidence, which are received by the court. 1:45 PM - Plaintiff's counsel calls JoAnn Cornish as a witness. 2:19 PM - Cross-examination of this witness by defendant's counsel. 2:34 PM - Plaintiff's counsel calls Eric Hathaway as a witness. 4:20 PM - Cross-examination of this witness by defendant's counsel. 5:06 PM - Plaintiff's counsel moves pursuant to Rule 408 of the Federal Rules of Civil Procedure and objects to the line of questioning by defendant's counsel. Magistrate Judge Peebles believes the this line of question has high relevance to this proceeding. Parties consent to an extension of the deadline for the current permit of OurBus, Inc.. The court hereby extends the deadline of the current permit of OurBus, Inc. from May 15, 2019 through June 30, 2019. 5:10 PM - Court adjourns until next week on a date yet to be determined. APP: Steven Diaz, Esq., James Lagios, Esq., Lawrence Hughes, Esq. for Ptlf, as well as Co-Founders of OurBus, Inc. Nerinder Singh Chedhe and Axel Hellman. Edward Smith, III, Esq., and Karen Felter, Esq. for Deft.. (Court Reporter Hannah Cavanaugh). (sal )
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Filing 40
NOTICE by City of Ithaca, New York re #37 Notice (Other) Defendant's Supplemental Exhibit List (Smith, Edward)
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Filing 39
NOTICE by OurBus, Inc. re 35 Order, Plaintiff's Witness and Exhibit List (Lagios, James)
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Filing 38
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by OurBus, Inc.. (Lagios, James)
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Filing 37
NOTICE by City of Ithaca, New York re 35 Order, (Attachments: #1 Defendant's Witness List, #2 Defendant's Exhibit List)(Smith, Edward)
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Filing 36
CERTIFICATE OF SERVICE by OurBus, Inc. re #34 Reply to Response to Motion, (Lagios, James)
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Filing 35
TEXT ORDER: As previously noticed by the court, an Evidentiary Hearing is set for 5/10/2019 at 09:30 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. Any witness and exhibit lists are due to be filed by the parties on or before noon on 5/9/2019. Authorized by Magistrate Judge David E. Peebles on 5/8/2019. (sal )
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Filing 34
REPLY to Response to Motion re #2 MOTION for Preliminary Injunction filed by OurBus, Inc.. (Attachments: #1 Declaration of Axel Hellman, #2 Exhibit(s) K - OurBus Permit Application, #3 Exhibit(s) L - Ithaca Letter, #4 Exhibit(s) M - Permit Termination Notice, #5 Declaration of Lawrence Hughes, #6 Declaration of James Lagios)(Lagios, James)
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Filing 33
TEXT ORDER: In response to defendant's letter motion, Dkt. No. #31 , the court has reviewed the papers submitted in response to plaintiff's Order to Show Cause, and concludes that an evidentiary hearing will proceed, as previously scheduled, for May 10, 2019 at 9:30 a.m. in Syracuse. See Text Minute Entry dated 4/25/2019. Plaintiff's reply to the Order to Show Cause, which is limited to ten pages, remains due on May 7, 2019. All other deadlines related to defendant's motion to dismiss remain unchanged, and any request to modify that briefing schedule must be submitted to Senior Judge Thomas J. McAvoy. SO ORDERED by Magistrate Judge David E. Peebles on 5/3/2019. (sal )
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Filing 32
REPLY to Response to Motion re #31 Letter Motion from Edward J. Smith, III, Esq. for City of Ithaca, New York requesting the Court modify a previously selected date to make a determination whether the Evidentiary Hearing scheduled for 5/10/19 in Syracuse will be necessary su filed by OurBus, Inc.. (Lagios, James)
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Filing 31
Letter Motion from Edward J. Smith, III, Esq. for City of Ithaca, New York requesting the Court modify a previously selected date to make a determination whether the Evidentiary Hearing scheduled for 5/10/19 in Syracuse will be necessary submitted to Judge David E. Peebles, Magistrate Judge . (Smith, Edward)
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Filing 30
RESPONSE TO ORDER TO SHOW CAUSE filed by City of Ithaca, New York. (Attachments: #1 Exhibit(s) A-Defendant's Memorandum of Law in Support of Motion to Dismiss, #2 Exhibit(s) B-OurBus website, #3 Affidavit Eric Hathaway, #4 Exhibit(s) 1-Common Council Proceedings 3-7-01, #5 Exhibit(s) 2-Agreement/Revocable License for Use of City Real Property, #6 Exhibit(s) 3-Aerial Photo, #7 Exhibit(s) 4-TCAT Bus Schedule Spreadsheets, #8 Exhibit(s) 5-Application for Permit, #9 Exhibit(s) 6-Proposed Resolution, #10 Exhibit(s) 7-Emails re Ithaca Bus Station, #11 Exhibit(s) 8-Common Council Proceedings 9-5-18, #12 Exhibit(s) 9-Emails re analysis of TCAT buses at Green St., #13 Exhibit(s) 10-Board of Public Works Proceedings 9-18-18, #14 Exhibit(s) 11-Emails re Buses on E. Green St., #15 Exhibit(s) 12-Emails re Buses, #16 Exhibit(s) 13-City Administration Committee Agenda Items, #17 Exhibit(s) 14-Common Council Proceedings 11-7-18, #18 Exhibit(s) 15-Emails re Green Street Next Steps, #19 Exhibit(s) 16-Emails re Mental Health Building-Tioga Street stub, #20 Exhibit(s) 17-Emails re Bus Transition-Next Steps, #21 Exhibit(s) 18-photo monitoring bus arrivals/departures, #22 Exhibit(s) 19-Emails re Charters for OurBus, #23 Exhibit(s) 20-Emails re Intercity bus baggage unloading in traffic lane, #24 Exhibit(s) 21-Planning & Economic Development Committee Minutes 2-13-19, #25 Exhibit(s) 22-Renewal of Bus Operator Agreements, #26 Exhibit(s) 23-Emails re Green St. Buses, #27 Affidavit Jennifer Kusznir, #28 Exhibit(s) 24-Emails re Green St. Bus Stop-Thanksgiving Weekend, #29 Exhibit(s) 25-Notes re 10/23/18 meeting, #30 Declaration Krin Flaherty, #31 Exhibit(s) 26-Emails re Bus Transition-Next Steps, #32 Exhibit(s) 27-10/3/18 memo re use of Green Street Permit Fee Notice, #33 Exhibit(s) 28-Emails re Bus Transition - Next Step, #34 Exhibit(s) 29-Intercity Bus Permit (1st draft), #35 Exhibit(s) 30-Emails re Green Street Bus Permit Update, #36 Exhibit(s) 31-Emails re draft e-mail to bus companies, #37 Exhibit(s) 32-11/30/18 memo re notice to cease operations from Green St. intercity bus stop, #38 Exhibit(s) 33-Emails re notice to cease use from Green St. intercity bus stop, #39 Exhibit(s) 34-Emails re permit agreement (2nd draft), #40 Exhibit(s) 35-Email re permit agreement (3rd draft), #41 Exhibit(s) 36-Emails re notice to cease use from Green Street intercity bus stop, #42 Exhibit(s) 37-1/18/19 memo to OurBus, #43 Exhibit(s) 38-1/29/19 email from OurBus, #44 Exhibit(s) 39-2/20/19 letter to OurBus, #45 Memorandum of Law, #46 certificate of service)(Smith, Edward)
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Filing 29
MOTION to Dismiss complaint Motion Hearing set for 6/10/2019 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 5/24/2019 Reply to Response to Motion due by 5/30/2019. filed by City of Ithaca, New York. (Attachments: #1 Memorandum of Law, #2 certificate of service) (Smith, Edward)
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Filing 28
NOTICE of Appearance by Lawrence F Hughes on behalf of OurBus, Inc. (Hughes, Lawrence)
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TEXT NOTICE of Hearing on Motion #2 for Temporary Restraining Order and Preliminary Injunction: Response to Motion remains due by 5/1/2019. Reply to Response to Motion is due by 5/7/2019 and is limited to ten pages. An Evidentiary Hearing is set for 5/10/2019 at 9:30 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. (sal )
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TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 4/25/2019. Defendant's response to plaintiff's #2 Motion for a Temporary Restraining Order and Preliminary Injunction is currently due to be filed on or before 5/1/2019. Defendant intends to file a response in opposition to plaintiff's #2 motion, together with a cross-motion to dismiss in lieu of an answer to plaintiff's #1 complaint. An Evidentiary Hearing regarding ONLY the #2 Motion for a Temporary Restraining Order and Preliminary Injunction is scheduled for 5/10/2019 at 9:30 AM in Syracuse before Magistrate Judge Peebles. Plaintiff's reply to the #2 motion is due to be filed by 5/7/2019 and is limited to ten pages. Magistrate Judge Peebles advises that a separate briefing schedule will be set as to defendant's anticipated cross-motion to dismiss either before Judge Peebles or Judge McAvoy. APP: James Lagios, Esq., Mark Wagner, Esq., Steven Diaz, Esq., Edward Smith, III, Esq., and Karen Felter, Esq.. (sal )
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Filing 27
TEXT ORDER re #16 , #20 , and #26 Letter Requests: A Telephone Conference is set for today, 4/25/2019, at 4:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. SO ORDERED by Magistrate Judge David E. Peebles on 4/25/2019. (sal )
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Filing 26
Letter Motion from James P. Lagios for OurBus, Inc. requesting Conference Pursuant to Local Rule 7.1 submitted to Judge Thomas J. McAvoy . (Lagios, James)
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Filing 25
TEXT ORDER granting #23 Motion for Limited Admission Pro Hac Vice of Lawrence F. Hughes, Esq.. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. 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. COUNSEL MUST FILE A NOTICE OF APPEARANCE IN THIS ACTION OR HE/SHE WILL NOT RECEIVE NOTICES OF ELECTRONIC FILINGS IN THE CASE. Authorized by Magistrate Judge David E. Peebles on 4/24/2019. (sal, )
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Filing 24
TEXT ORDER Referring the Plaintiff's #2 Motion for Preliminary Injunction to Magistrate Judge Peebles for issuance of a Report and Recommendation. Authorized by Senior Judge Thomas J. McAvoy on 4/24/2019. (amt)
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Filing 23
MOTION for Limited Admission Pro Hac Vice of Lawrence F. Hughes Filing fee $100, receipt number ANYNDC-4720832. filed by OurBus, Inc.. (Attachments: #1 Declaration of Sponsor, #2 Declaration Petition for Admission to Practice, #3 Exhibit(s) Certificates for Admission, #4 Exhibit(s) New Attorney E-Filing Registration Form) Motions referred to David E. Peebles. (Lagios, James)
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Filing 22
NOTICE of Appearance by Steven A Diaz on behalf of OurBus, Inc. (Diaz, Steven)
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Filing 21
NOTICE of Appearance by David M. Katz on behalf of City of Ithaca, New York (Katz, David)
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Filing 20
Letter Motion from Karen G. Felter, Esq. for City of Ithaca, New York requesting in response to plaintiff's request for a conference submitted to Judge McAvoy . (Felter, Karen)
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Filing 19
NOTICE of Appearance by Karen G. Felter on behalf of City of Ithaca, New York (Felter, Karen)
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Filing 18
NOTICE of Appearance by Edward J. Smith, III on behalf of City of Ithaca, New York (Smith, Edward)
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Filing 17
CERTIFICATE OF SERVICE by OurBus, Inc. re #16 Letter Motion from James P. Lagios for OurBus, Inc. requesting hearing on the OTSC submitted to Judge Thomas J. McAvoy (Lagios, James)
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Filing 16
Letter Motion from James P. Lagios for OurBus, Inc. requesting hearing on the OTSC submitted to Judge Thomas J. McAvoy . (Lagios, James)
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Filing 15
TEXT ORDER granting #14 Motion for Limited Admission Pro Hac Vice of Steven A. Diaz, Esq.. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. 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. COUNSEL MUST FILE A NOTICE OF APPEARANCE IN THE ACTION OR HE/SHE WILL NOT RECEIVE NOTICES OF ELECTRONIC FILINGS IN THE CASE. Authorized by Magistrate Judge David E. Peebles on 4/11/2019. (sal )
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Filing 14
MOTION for Limited Admission Pro Hac Vice of Steven A. Diaz Filing fee $100, receipt number ANYNDC-4705083. filed by OurBus, Inc.. (Attachments: #1 Declaration Sponsor, James P. Lagios, #2 Declaration Petition of Steven A. Diaz for Admission to Practice, #3 Exhibit(s) Certificate of Good Standing, #4 Exhibit(s) New Attorney E-Filing Registration Form) Motions referred to David E. Peebles. (Lagios, James)
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Filing 13
NOTICE by OurBus, Inc. re #5 Notice of Admission Requirement, (Lagios, James)
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Filing 12
NOTICE of Appearance by Mark J. Wagner, Jr on behalf of OurBus, Inc. (Wagner, Mark)
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***Answer due date updated for City of Ithaca, New York re #1 Complaint - answer due 4/15/2019. (sal )
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Filing 11
AFFIDAVIT OF SERVICE filed by OurBus, Inc. re #1 Summons and Complaint served upon Defendant City of Ithaca, New York (Lagios, James) Modified on 4/2/2019 to change from a notice to an affidavit of service (sal ).
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Filing 10
CERTIFICATE OF SERVICE by OurBus, Inc. re #9 Order Setting Hearing on Motion, Terminate Motions (Lagios, James)
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Filing 9
STIPULATION & ORDER granting #8 Letter Motion. Response to Motion due by 4:00 p.m. on 5/1/2019. Signed by Senior Judge Thomas J. McAvoy on 3/26/2019. (copy mailed to Attorney Lavine via regular mail on 3/26/2019) (jdp, )
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Filing 8
Letter Motion from James P. Lagios for OurBus, Inc. requesting Extension submitted to Judge Thomas J. McAvoy . (Attachments: #1 Stipulation and Order to be So Order)(Lagios, James)
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| Filing 7 CERTIFICATE OF SERVICE by OurBus, Inc. re #6 Order Setting Hearing on Motion, (Lagios, James) |
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Filing 6
ORDER TO SHOW CAUSE: Ordered that Defendant shall file an answer to the allegations in the Plaintiff's #2 Motion for a Temporary Restraining Order and Preliminary Injunction by 4 p.m. on March 26, 2019. Ordered that Plaintiff shall serve a copy of this Order and Plaintiff's #2 Motion for a Preliminary Injunction by 5 p.m. on March 22, 2019. Plaintiff shall provide proof of service. Signed by Senior Judge Thomas J. McAvoy on 3/22/2019. (jdp, )
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| Filing 5 NOTICE of Admission Requirement as to Party OurBus, Inc.; Attorney Steven A. Diaz, Email address is sdiaz@diazlaw.net, Phone number is (202) 416-1633 Admissions due by 4/5/2019. Attorney Lawrence F. Hughes, Email address is lhughes@cal.berkeley.edu, Phone number is (718) 463-5794. [A copy of this Notice was emailed to Attorney Diaz and Attorney Hughes on 3/22/2019.] (jdp, ) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 6/21/2019 at 11:00 AM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/14/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdp, ) |
| Filing 3 Summons Issued as to City of Ithaca, New York. (jdp, ) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by OurBus, Inc. (Attachments: #1 Declaration of Axel Hellman, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Memorandum of Law, #13 Proposed Order/Judgment) (jdp, ) |
| Filing 1 COMPLAINT against City of Ithaca, New York (Filing fee $400 receipt number 4687937) filed by OurBus, Inc.. (Attachments: #1 Civil Cover Sheet)(jdp, ) |
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