Bristol et al v. Town of Camden et al
| Todd Bristol, Kimberly Bristol and Sugar Shack's Water Inc. |
| Town of Camden, Town of Camden Planning Board, Town of Camden Town Board, Office of Code Enforcement Officer of the Town of Camden, Tyler Henry, Mark Barker, Cory Mutch, James Johnson, Michael Hawkes, Gennifer Henderson, Jacalyn Bates and Diane Martin-Grande |
| 6:2022cv00845 |
| August 15, 2022 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Thomas J McAvoy |
| Real Property: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.
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Filing 80
CERTIFICATE OF SERVICE by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board re #79 Reply to Response to Motion,, (Johnson, Gregg)
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Filing 79
REPLY to Response to Motion re #76 MOTION to Dismiss Plaintiffs' Amended Verified Complaint filed by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden filed by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board. (Johnson, Gregg)
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Filing 78
RESPONSE in Opposition re #76 MOTION to Dismiss Plaintiffs' Amended Verified Complaint filed by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden filed by Kimberly Bristol, Todd Bristol, Sugar Shack's Water Inc.. (Attachments: #1 Memorandum of Law in Opposition to Town Defendants' Motion to Dismiss Plaintiff's Amended Verified Complaint Pursuant to FRCP Rule 12(b))(Yang-Patyi, Josephine)
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Filing 77
CERTIFICATE OF SERVICE by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board re #76 MOTION to Dismiss Plaintiffs' Amended Verified Complaint filed by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden (Johnson, Gregg)
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Filing 76
MOTION to Dismiss Plaintiffs' Amended Verified Complaint filed by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board. Motion returnable before Judge McAvoy Response to Motion due by 8/14/2023. Reply to Response to Motion due by 8/21/2023 (Attachments: #1 Declaration Attorney Declaration of Gregg T. Johnson, Esq., #2 Memorandum of Law, #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, #11 Exhibit(s) I, #12 Exhibit(s) J, #13 Exhibit(s) K) (Johnson, Gregg)
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Filing 75
NOTICE OF APPEARANCE by Gregg Tyler Johnson on behalf of Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board (Johnson, Gregg)
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Filing 74
Verified ANSWER to #63 Answer to Amended Complaint, Counterclaim By all Plaintiffs by Todd Bristol.(Piersall-Leuenberger, Scott)
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Filing 73
TEXT ORDER granting in part and denying in part Plaintiff's #72 Letter request. Plaintiff may rely upon their previously filed opposition, however, they must file a pleading in response to the new pleading. Authorized by Senior Judge Thomas J. McAvoy on 6/27/2023. (amt)
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Filing 72
MOTION Rely on Previous Briefings filed by Kimberly Bristol. Response to Motion due by 7/7/2023 Motions referred to Senior District Court Judge Thomas J. McAvoy. (Piersall-Leuenberger, Scott)
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Filing 71
TEXT ORDER granting the #69 Letter Request by Defts Barker, Henry, Johnson, Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, and Town of Camden Town Board for an extension of time to file an Answer to the Amended Complaint. Answers due 7/24/2023. Authorized by Senior Judge Thomas J. McAvoy on 6/9/2023. (amt)
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Filing 70
ORDER granting #68 request for removal of Attorney Loraine C. Jelinek. Attorney Loraine C. Jelinek terminated. Signed by Magistrate Judge Miroslav Lovric on 6/8/2023. (jdp)
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Filing 69
Letter Motion from April J. Laws, Esq. for Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board requesting extension of time to respond to Plaintiffs' Amended Complaint submitted to Judge McAvoy . (Laws, April)
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Filing 68
Letter Motion from April J. Laws, Esq. for Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board requesting Removal of Attorney from ECF Notification List submitted to Judge McAvoy . (Laws, April)
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Filing 67
NOTICE OF APPEARANCE by April J. Laws on behalf of Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board (Laws, April)
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Filing 66
TEXT ORDER: The #62 Letter requesting an extension of time until 6/9/2023 to respond to the Amended Complaint is GRANTED. With respect to the #61 Letter request from Defendant Hawkes, the Court will treat that as Defendant's renewed Motion to Dismiss and grant the request to rely on the briefing submitted with the #40 Motion as in support of the #61 renewed motion. Authorized by Senior Judge Thomas J. McAvoy on 5/30/2023. (amt)
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Filing 65
MOTION to Dismiss for Failure to State a Claim filed by Gennifer Henderson. Motion returnable before Judge McAvoy Response to Motion due by 6/16/2023. Reply to Response to Motion due by 6/23/2023 (Attachments: #1 Declaration Declaration of Kenneth L. Bobrow, #2 Exhibit(s) Ex. A-Decision of Oneida County Supreme Court) (Bobrow, Kenneth)
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Filing 64
CERTIFICATE OF SERVICE by Diane Martin-Grande re #63 Answer to Amended Complaint, Counterclaim (Ferrara, Paul)
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Filing 63
Verified ANSWER to #59 Amended Complaint,,,, , COUNTERCLAIM against Kimberly Bristol, Todd Bristol by Diane Martin-Grande.(Ferrara, Paul)
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Filing 62
Letter Motion from Loraine C. Jelinek, Esq. for Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board requesting extension of time to respond to Plaintiffs' Amended Verified Complaint submitted to Judge McAvoy . (Jelinek, Loraine)
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Filing 61
Letter Motion from Attorney Bernstein for Michael Hawkes requesting previous motion to dismiss to now be to dismiss Amended Verified Complaint submitted to Judge Thomas McAvoy . (Bernstein, Jonathan)
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Filing 60
TEXT ORDER: The parties' letter motions, dkt. #s #51 - #52 , which address briefing related to the parties' motions to dismiss, are hereby DENIED as moot. The Court has decided the motions those letters address. See dkt. #58 . The parties are cautioned that the Court considers repeated filings of motions, like these, that air disputes between counsel could be seen as frivolous and a waste of the Court's time. Unnecessary filings clog up the Court's docket and could cause the Court to consider sanctions against an offending party. Authorized by Senior Judge Thomas J. McAvoy on 5/18/2023. (amt)
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***Answer due date updated for Mark Barker answer due 5/30/2023; Jacalyn Bates answer due 5/30/2023; Michael Hawkes answer due 5/30/2023; Gennifer Henderson answer due 5/30/2023; James Johnson answer due 5/30/2023; Diane Martin-Grande answer due 5/30/2023; Cory Mutch answer due 5/30/2023; Office of Code Enforcement Officer of the Town of Camden answer due 5/30/2023; Town of Camden answer due 5/30/2023; Town of Camden Planning Board answer due 5/30/2023; Town of Camden Town Board answer due 5/30/2023. (khr)
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Filing 59
AMENDED COMPLAINT Pursuant to Order (Docket#58) Filed by All Plaintiffs against All Defendants filed by Todd Bristol. (Attachments: #1 Exhibit(s) Exhibit 1 - Zoning Map, #2 Exhibit(s) Exhibit 2 - Zoning Law, #3 Exhibit(s) Exhibit 3 Trucking SUP, #4 Exhibit(s) Exhibit 4 - Original Crane Mat SUP, #5 Exhibit(s) Exhibit 5 - Ltr from Attny Martin Grande, #6 Exhibit(s) Exhibit 6 - PB 4-7-2021 Minutes, #7 Exhibit(s) Exhibit 7 - Amended Crane Mat SUP, #8 Exhibit(s) Exhibit 8 - App to Amend, #9 Exhibit(s) Exhibit 9 - 12-14-2021 Email to Supervisor, #10 Exhibit(s) Exhibit 10 - FOILED Invoices, #11 Exhibit(s) Exhibit 11 - Supplement to App to Amend, #12 Exhibit(s) Exhibit 12 - 3-1-2022 Letter with attachments, #13 Exhibit(s) Exhibit 13 - Site Plan, #14 Exhibit(s) Exhibit 14 - Final Amended Crane Mat SUP, #15 Exhibit(s) Exhibit 15 - Davis Sawmill Tax Map printouts, #16 Exhibit(s) Exhibit 16 - 10-5-2022 SUP, #17 Exhibit(s) Exhibit 17 - Route 13 Property vs Subject Property Tax Map printouts, #18 Exhibit(s) Exhibit 18 - PB 9-7-2022 Minutes, #19 Exhibit(s) Exhibit 19 - PB 10-5-2022 Minutes)(Piersall-Leuenberger, Scott)
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Filing 58
ORDER granting in part and denying in part #31 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #31 Motion to Dismiss for Lack of Subject Matter Jurisdiction; granting in part and denying in part #40 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #45 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #45 Motion to Amend/Correct IV. The Defendants motions to dismiss, dkt. #s 31, 40,45 are hereby GRANTED IN PART and DENIED IN PART WITH LEAVE TO RENEW, as follows: The motions are GRANTED with prejudice with respect to Plaintiffs Section 1983 procedural due process, substantive due process, and takings claims and GRANTED without prejudice with respect to Plaintiffs Section 1983 equal protection claim. The motions are DENIED WITH LEAVE TO RENEW with respect to Plaintiffs state-law claims,including their claim for declaratory judgment. Plaintiffs may file an Amended Complaint that raises an equal protection claim as the only federal claim within thirty days of the date of this order. If Plaintiffs fail to file an Amended Complaint within thirty days, the Clerk of Court shall REMAND the case to the Supreme Court of Oneida County, New York. If Plaintiffs file an Amended Complaint within the required time, Defendants shall answer or otherwise respond to the Amended Complaint within the time required by the Federal Rules of Civil Procedure. If Defendants move to dismiss all or a portion of the Amended Complaint, the parties may rely on their previous briefing in addressing any state-law claims raised in the Amended Complaint. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on 4/19/2023. (khr)
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Filing 57
CERTIFICATE OF SERVICE by Jacalyn Bates re #55 Affidavit in Support of Motion, #56 Memorandum of Law (Bobrow, Kenneth)
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Filing 56
MEMORANDUM OF LAW re #45 Motion to Dismiss for Failure to State a Claim,, Motion to Amend/Correct, Reply Memorandum of Law filed by Jacalyn Bates. (Bobrow, Kenneth)
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Filing 55
AFFIDAVIT in Support re #45 First MOTION to Dismiss for Failure to State a Claim filed by Jacalyn Bates. MOTION to Amend/Correct filed by Jacalyn Bates. filed by Jacalyn Bates. (Attachments: #1 Proposed Amended Pleading)(Bobrow, Kenneth)
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Filing 54
RESPONSE in Opposition re #45 First MOTION to Dismiss for Failure to State a Claim filed by Jacalyn Bates. MOTION to Amend/Correct filed by Jacalyn Bates. Motions referred to Judge Miroslav Lovric filed by Kimberly Bristol, Todd Bristol, Sugar Shack's Water Inc.. (Piersall-Leuenberger, Scott)
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Filing 53
TEXT ORDER: The Court has received the #51 and #52 Letters from counsel. The Court will address any issues raised in these letters when it addresses the pending motions. The Court will not accept any additional filings on the issue. Authorized by Senior Judge Thomas J. McAvoy on 12/20/2022. (amt)
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Filing 52
Letter Motion from Loraine C Jelinek, Esq. for Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board requesting Plaintiff's 12.16.22 Surreply (ECF No. 51)be stricken from the record pursuant to the Court's Local Rules 7.1(a)(1) and 12.1(a)(1). submitted to Judge Hon. Thomas J. McAvoy . (Jelinek, Loraine C.) Modified on 12/19/2022 (jdp, ).
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Filing 51
Letter Motion from Attorneys for Plaintiffs for Sugar Shack's Water Inc. requesting Direction from the Court submitted to Judge Lovric . (Piersall-Leuenberger, Scott)
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Filing 50
CERTIFICATE OF SERVICE by Michael Hawkes (Bernstein, Jonathan)
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Filing 49
MEMORANDUM OF LAW Reply Memorandum of Law filed by Michael Hawkes. (Bernstein, Jonathan)
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Filing 48
RESPONSE in Opposition re #40 MOTION to Dismiss for Failure to State a Claim filed by Michael Hawkes. Motion returnable before Judge Thomas J. McAvoy filed by Kimberly Bristol, Todd Bristol, Sugar Shack's Water Inc.. (Yang-Patyi, Josephine)
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Filing 47
CORRECTED CERTIFICATE OF SERVICE by Jacalyn Bates, Gennifer Henderson re #45 First MOTION to Dismiss for Failure to State a Claim filed by Jacalyn Bates. MOTION to Amend/Correct filed by Jacalyn Bates. (khr)
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TEXT NOTICE OF FILING DEFICIENCY as to Jacalyn Bates, Gennifer Henderson regarding the #46 Certificate of Service NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. The wrong date in the certificate of service. Named defendants in the signature line of the certificate of service is incorrect Notice of Filing Deficiency Deadline 12/8/2022. File the corrected document in case using event code corrected document. (khr)
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Filing 46
CERTIFICATE OF SERVICE by Jacalyn Bates re #45 First MOTION to Dismiss for Failure to State a Claim filed by Jacalyn Bates. MOTION to Amend/Correct filed by Jacalyn Bates. (Bobrow, Kenneth)
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Filing 45
First MOTION to Dismiss for Failure to State a Claim filed by Jacalyn Bates.(. Reply to Response to Motion due by 1/3/2023 ), MOTION to Amend/Correct filed by Jacalyn Bates. Response to Motion due by 12/27/2022 (Attachments: #1 Declaration, #2 Exhibit(s) Ex. A-Complaint, #3 Exhibit(s) Ex. B-Answer, #4 Exhibit(s) Ex. C-Proposed amended answer, #5 Memorandum of Law) Motions referred to Miroslav Lovric. (Bobrow, Kenneth)
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Filing 44
CERTIFICATE OF SERVICE by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board re #43 Reply to Response to Motion,,,, (Jelinek, Loraine)
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Filing 43
REPLY to Response to Motion re #31 MOTION to Dismiss for Failure to State a Claim filed by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board. M MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden To filed by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board. (Attachments: #1 Exhibit(s) A - Planning Board Minutes, #2 Exhibit(s) B - Letter form Judge DelConte, #3 Exhibit(s) C - Special Use Permit, #4 Exhibit(s) D - Plaintiff's letter to Judge DelConte, #5 Exhibit(s) E - Excerpts of Todd Bristol 50H Examination, #6 Memorandum of Law)(Jelinek, Loraine)
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Filing 42
TEXT ORDER granting the #41 Letter requesting an extension of time to file a reply to the #31 Motion. Reply to Response to Motion due by 12/5/2022. Authorized by Senior Judge Thomas J. McAvoy on 11/22/2022. (amt)
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Filing 41
11.21.22 Letter Motion from Loraine C Jelinek for Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board requesting 10 day extension of time until December 5, 2022, to submit Town Defendants' Reply papers submitted to Judge Hon. Thomas J. McAvoy . (Jelinek, Loraine)
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Filing 40
MOTION to Dismiss for Failure to State a Claim filed by Michael Hawkes. Motion returnable before Judge Thomas J. McAvoy Response to Motion due by 12/8/2022. Reply to Response to Motion due by 12/15/2022 (Attachments: #1 Declaration Jonathan M. Bernstein, Esq. Attorney Declaration, #2 Exhibit(s) Verified Complaint, #3 Exhibit(s) Proposed Amended Answer, #4 Exhibit(s) Defendant Hawkes' Answer, #5 Memorandum of Law Memorandum of Law, #6 Affidavit Certificate of Service) (Bernstein, Jonathan)
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Filing 39
TEXT ORDER granting the #38 Letter Request for permission to submit a reply brief (not to exceed 15 pages) by 11/23/2022. Authorized by Senior Judge Thomas J. McAvoy on 11/15/2022. (amt)
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Filing 38
11.11.2022 Letter Motion from Loraine C Jelinek for Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board requesting a one week extension until November 23, 2022 to file Town Defendants' Reply Papers and Request for Enlargement of page limitations submitted to Judge Hon. Miroslav Lovric . (Jelinek, Loraine)
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Filing 37
NOTICE of Appearance by Scott R. Piersall-Leuenberger on behalf of All Plaintiffs (Piersall-Leuenberger, Scott)
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Filing 36
CERTIFICATE OF SERVICE by Kimberly Bristol, Todd Bristol, Sugar Shack's Water Inc. re #35 Response to Motion,,,, (Yang-Patyi, Josephine)
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Filing 35
RESPONSE to Motion re #31 MOTION to Dismiss for Failure to State a Claim filed by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board. M MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden To filed by Kimberly Bristol, Todd Bristol, Sugar Shack's Water Inc.. (Attachments: #1 Exhibit(s) Ex. A to Yang-Patyi declaration - Temporary Restraining Order, #2 Exhibit(s) Ex. B to Yang-Patyi declaration - transcript, #3 Affidavit Affidavit of Kimberly Bristol, #4 Exhibit(s) Ex. A to Bristol Aff - Special Use Permit, #5 Exhibit(s) Ex. B to Bristol Aff - printouts, Oneida County Tax Parcel Viewer, #6 Memorandum of Law)(Yang-Patyi, Josephine)
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Filing 34
TEXT ORDER: Plaintiffs Letter Motion #33 is GRANTED. Plaintiffs response to Defendants motion to dismiss #31 is due on or before 11/9/2022. In addition, Plaintiffs request for an enlargement of the twenty-five page limit pursuant to Local Rule 7.1(b)(1) is granted to the extent that Plaintiffs responsive memorandum of law shall not exceed thirty-five pages. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/18/2022. (jdp )
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Filing 33
Letter Motion for Kimberly Bristol, Todd Bristol, Sugar Shack's Water Inc. requesting extension of deadline to file Plaintiff's opposition to Defendants' motion to dismiss submitted to Judge Hon. Miroslav Lovric, U.S.Magistrate Judge . (Yang-Patyi, Josephine)
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CLERK'S CORRECTION OF DOCKET ENTRY re #31 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Subject Matter Jurisdiction. Change the description of Dkt. #32-7 from Exhibit to Memorandum of Law. (khr)
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Filing 32
CERTIFICATE OF SERVICE by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board re #31 MOTION to Dismiss for Failure to State a Claim filed by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board. M MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden To (Jelinek, Loraine)
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Filing 31
MOTION to Dismiss for Failure to State a Claim filed by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board. Motion returnable before Judge Thomas J. McAvoy, MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board. Motion returnable before Judge Thomas J. McAvoy Response to Motion due by 10/20/2022. Reply to Response to Motion due by 10/27/2022 (Attachments: #1 Declaration of Attorney Loraine C. Jelinek, #2 Exhibit(s) A Excerpts from 50H Transcript_Todd Bristol (R), #3 Exhibit(s) B Excerpts from 50H Transcript Kimberly Bristol (R), #4 Exhibit(s) C Letter with Notice of Claim, #5 Exhibit(s) D Demand for Examinations, #6 Exhibit(s) E Affidavit of Service with Attachment, #7 Memorandum of Law (s)) (Jelinek, Loraine) Modified on 9/30/2022 (khr).
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Filing 30
ORDER granting #28 Notice to Change Attorneys. Signed by Magistrate Judge Miroslav Lovric on 9/29/2022. (jdp )
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Filing 29
NOTICE of Appearance by Jonathan M. Bernstein on behalf of Michael Hawkes (Bernstein, Jonathan)
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Filing 28
NOTICE by Michael Hawkes Consent to Change Attorney (Bernstein, Jonathan)
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Filing 27
TEXT ORDER: Letter Motion #25 is GRANTED and Motion #19 is DENIED as MOOT. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/22/2022. (jdp )
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Filing 26
TEXT ORDER: Letter Motion #24 is GRANTED insofar as and to the extent that: (1) Defendants Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, and Town of Camden Town Board [Removal Defendants] are directed to respond to the complaint by 9/30/2022; and (2) the Rule 16 Initial Conference currently scheduled for 10/11/2022 at 11:00 a.m., and respective deadlines, are all STAYED without date. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/22/2022. (jdp )
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Filing 25
Letter Motion for Kimberly Bristol, Todd Bristol, Sugar Shack's Water Inc. requesting withdrawal of motion for admission of Scott R. Piersall-Leuenberger to practice pro hac vice . (Yang-Patyi, Josephine)
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Filing 24
9.21.22 Letter Motion from Loraine C Jelinek for Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board requesting one week extension of time to file Town Defendants' FRCP Rule 12(b) motion to dismiss submitted to Judge Hon. Miroslav Lovric . (Jelinek, Loraine)
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Filing 23
CERTIFICATE OF SERVICE by Kimberly Bristol, Todd Bristol, Sugar Shack's Water Inc. re #22 Answer to Counterclaim (Yang-Patyi, Josephine)
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Filing 22
Verified ANSWER to #17 Answer to Complaint, Counterclaim (Diane Martin-Grande's Counterclaims) by Kimberly Bristol, Todd Bristol, Sugar Shack's Water Inc..(Yang-Patyi, Josephine)
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Filing 21
TEXT ORDER: The #20 9.19.2022 Letter Motion from Loraine C Jelinek for Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board requesting Enlargement of the page limitations is hereby GRANTED. Defendants are permitted to file a Memorandum of Law not to exceed thirty-five (35) pages in support of their anticipated combined motion to dismiss. Authorized by Senior U.S. District Judge Thomas J. McAvoy on 09/20/2022. (map)
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Filing 20
9.19.2022 Letter Motion from Loraine C Jelinek for Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board requesting Enlargement of the page limitations submitted to Judge Hon. Miroslav Lovric . (Jelinek, Loraine) Modified on 9/19/2022 Docket Text edited to reflect document is for September 19th rather than August 19th as reflected in attached document. (egr, ).
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Filing 19
MOTION for Limited Admission Pro Hac Vice of Scott R. Piersall-Leuenberger Filing fee $100, receipt number ANYNDC-6034551. Motions referred to Miroslav Lovric. (Yang-Patyi, Josephine)
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Filing 18
CERTIFICATE OF SERVICE by Diane Martin-Grande re #17 Answer to Complaint, Counterclaim (Ferrara, Paul)
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Filing 17
Verified Amended ANSWER to Complaint with Affirmative Defenses, COUNTERCLAIM against Kimberly Bristol, Todd Bristol, Sugar Shack's Water Inc. by Diane Martin-Grande.(Ferrara, Paul)
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***Answer due date updated for Kimberly Bristol answer due 9/20/2022; Todd Bristol answer due 9/20/2022; Sugar Shack's Water Inc. answer due 9/20/2022. (khr)
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CLERK'S CORRECTION OF DOCKET ENTRY re #12 Amended Document. Corrected Text to reflect the document filed was an Amended Notice of Removal and filed the Answer to the State Court Complaint as to defendant Diane Martin-Grande. (khr)
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Filing 15
CERTIFICATE OF SERVICE by Diane Martin-Grande re #14 Notice (Other), #13 Notice of Appearance (Ferrara, Paul)
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Filing 14
NOTICE by Diane Martin-Grande Substitution of Counsel (Ferrara, Paul)
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Filing 13
NOTICE of Appearance by Paul G. Ferrara on behalf of Diane Martin-Grande (Ferrara, Paul)
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Filing 12
AMENDED DOCUMENT by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board. Amended Notice of Removal. (Attachments: #1 Exhibit(s) A)(Jelinek, Loraine)
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Filing 11
LETTER BRIEF Defendants' Response to Court's 8/22/2022 Text Order by Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board. (Jelinek, Loraine)
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Filing 10
ANSWER to Complaint by Michael Hawkes.(Bobrow, Kenneth)
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Filing 9
ANSWER to Complaint by Gennifer Henderson.(Bobrow, Kenneth)
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Filing 8
ANSWER to Complaint by Jacalyn Bates.(Bobrow, Kenneth)
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Filing 7
TEXT ORDER: Letter Motion #5 is GRANTED insofar as and to the extent that: (1) Defendants Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, and Town of Camden Town Board [Removal Defendants] are directed to respond to the complaint by 9/23/2022; (2) the Rule 16 Initial Conference currently scheduled for 9/21/2022 is RE-SCHEDULED for 10/11/2022 at 11:00 a.m., via telephone conference before Magistrate Judge Miroslav Lovric; (3) the Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/4/2022 (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.); (4) the Removal Defendants are directed to file a detailed status report by 8/26/2022 explaining or clarifying Plaintiffs allegation #6 claiming that Defendant Diane Martin-Grande did file an Answer in state court prior to the removal notice filed in this court but the Court finds no Answers or any Defendants pleadings included with Notice of Removal #1 ; and (5) if necessary, the Removal Defendants are authorized to file by 8/26/2022 an amended Notice of Removal and therein properly include all pleadings filed by all parties in state court prior to the initial Notice of Removal #1 filed on 8/15/2022. All other deadlines remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/22/2022. (jdp )
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Filing 6
RESPONSE to Motion re #5 08.19.2022 Letter Motion from Loraine C Jelinek for Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board reques filed by Kimberly Bristol, Todd Bristol, Sugar Shack's Water Inc.. (Yang-Patyi, Josephine)
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Filing 5
08.19.2022 Letter Motion from Loraine C Jelinek for Mark Barker, Tyler Henry, James Johnson, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden, Town of Camden, Town of Camden Planning Board, Town of Camden Town Board requesting Extension of time to respond to plaintiff's verified complaint submitted to Judge Hon Miroslav Lovric . (Jelinek, Loraine)
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Filing 4
G.O. 25 FILING ORDER ISSUED: All conferences will be conducted by way of telephone conference. The parties are directed to call (877) 402-9753 and enter access code 9983518. Initial Conference set for 9/21/2022 02:30 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/14/2022. (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)
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Filing 3
NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiffs; Attorney Scott R. Piersall-Leuenberger, Email address is scott@piersall-leuenbergerlaw.com. Phone number is 315-820-4434. Admissions due by 8/30/2022. (khr)(Copy of Notice and GO#25 emailed to attorney on 8/16/2022)
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***Answer due date updated for Mark Barker answer due 8/22/2022; Jacalyn Bates answer due 8/22/2022; Michael Hawkes answer due 8/22/2022; Gennifer Henderson answer due 8/22/2022; Tyler Henry answer due 8/22/2022; James Johnson answer due 8/22/2022; Diane Martin-Grande answer due 8/22/2022; Cory Mutch answer due 8/22/2022; Office of Code Enforcement Officer of the Town of Camden answer due 8/22/2022; Town of Camden answer due 8/22/2022; Town of Camden Planning Board answer due 8/22/2022; Town of Camden Town Board answer due 8/22/2022. (khr)
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Filing 2
STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in NYS Supreme Court - Oneida County. (khr)
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Filing 1
NOTICE OF REMOVAL from NYS Supreme Court - Oneida County, case number EFCA2022-001552 (Filing fee $402 receipt number ANYNDC-6000883) filed by Town of Camden Town Board, James Johnson, Town of Camden, Town of Camden Planning Board, Mark Barker, Tyler Henry, Cory Mutch, Office of Code Enforcement Officer of the Town of Camden. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(khr)
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