Robar v. Village of Potsdam Board of Trustees et al
| Frederick Hank Robar |
| Village of Potsdam Board of Trustees, Lisa Newby, Gregory L. Thompson, Steven Warr and Ron J. Tischler |
| 8:2020cv00972 |
| August 21, 2020 |
| US District Court for the Northern District of New York |
| Lawrence E Kahn |
| Daniel J Stewart |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
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Filing 23
TEXT ORDER: Having reviewed the Stipulation and Order and attached Second Amendment Complaint, Dkt. No 22, the Court APPROVES the Stipulation and Order and ACCEPTS the Second Amendment Complaint as the operative complaint in this action. Signed by Senior Judge Lawrence E. Kahn on October 14, 2020. (sas)
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Filing 22
STIPULATION and Order (Proposed) by Frederick Hank Robar submitted to Judge Lawrence E. Kahn. (Crain, Jon)
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| Filing 21 TEXT NOTICE from S. Snyder, Courtroom Deputy to USDJ Lawrence E. Kahn, addressed to the Attorneys of Record: On September 28, 2020, Plaintiff filed an Amended Complaint (Dkt. No. 20). Under the Local Rules, an amended complaint supersedes the original complaint in all respects. L.R. 7.1(a)(4). Defendants are therefore advised that their Motion (Dkt. No. 13) to dismiss the original Complaint is deemed moot. Defendant are instructed to either renew their Motion or file a new motion or responsive pleading in accordance with Federal Rule of Civil Procedure 12. (sas) |
| ***Answer due date updated for Lisa Newby answer due 10/13/2020; Gregory L. Thompson answer due 10/13/2020; Ron J. Tischler answer due 10/13/2020; Village of Potsdam Board of Trustees answer due 10/13/2020; Steven Warr answer due 10/13/2020. (hmr) |
| Filing 20 AMENDED COMPLAINT against All Defendants filed by Frederick Hank Robar.(Crain, Jon) |
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Filing 19
MEMORANDUM-DECISION AND ORDERED, that Plaintiffs motion for a preliminary injunction (Dkt. No. 5) is GRANTED; and it is further ORDERED, that Defendants are hereby enjoined and restrained, until further order of the Court, from enforcing the Board Resolution; and it is further ORDERED, that Plaintiffs request for declaratory relief is DENIED. Signed by Senior Judge Lawrence E. Kahn on September 21, 2020. (sas)
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| Filing 18 MEMORANDUM OF LAW re #5 Motion for Preliminary Injunction,,,, Motion for TRO,,, filed by Frederick Hank Robar. (Crain, Jon) |
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Filing 17
TEXT ORDER: The Court has reviewed Plaintiff's request for an extension of time to file a reply. Dkt. No. 16. Plaintiff's request is granted, and Plaintiff is directed to file a reply by September 18, 2020. Signed by Senior Judge Lawrence E. Kahn on September 10, 2020. (sas)
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| Filing 16 Letter Motion from Jon E. Crain, Esq. for Frederick Hank Robar requesting extension of time to reply submitted to Judge Kahn . (Crain, Jon) |
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Filing 15
TEXT ORDER: In light of Defendants' representation that they will not to take any action against Plaintiff under Village Code Section 125 pending the Court's decision on Plaintiff's Motion for a temporary restraining order, see Dkt. No. 11, and for purposes of efficiency, the Court proposes resolving Plaintiff's combined motions for a temporary restraining order and for a preliminary injunction, Dkt. No. 5, simultaneously with a single order. See, e.g., Donohue v. Mangano, 886 F. Supp. 2d 126, 136 (E.D.N.Y. Aug. 20, 2012) ("[T]he Court set a briefing schedule, based upon a representation by the Defendants that no executive orders would be issued... until the Court issued a decision on the motion for preliminary injunctive relief. Thus, the motion for a temporary restraining order has been essentially converted into a motion for a preliminary injunction.") The parties are directed to confer and to submit a joint letter to the Court, no later than September 14, 2020, indicating whether they consent to this proposal and presenting either party's reasons for any objections. Signed by Senior Judge Lawrence E. Kahn on September 09, 2020. (sas)
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| Filing 14 CERTIFICATE OF SERVICE by Lisa Newby, Gregory L. Thompson, Ron J. Tischler, Village of Potsdam Board of Trustees, Steven Warr re #13 MOTION to Dismiss for Failure to State a Claim (Laws, April) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 10/16/2020 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 9/29/2020 Reply to Response to Motion due by 10/5/2020. filed by Lisa Newby, Gregory L. Thompson, Ron J. Tischler, Village of Potsdam Board of Trustees, Steven Warr. (Attachments: #1 Memorandum of Law) (Laws, April) |
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Filing 12
TEXT ORDER: The Court has received Defendants' request for an extension. Dkt. No. 11. Defendants are directed to file a response to Plaintiff's motion for a temporary restraining order and preliminary injunction, Dkt. No. 5, by September 7, 2020. Plaintiff is directed to file a reply by September 11, 2020. Signed by Senior Judge Lawrence E. Kahn on September 01, 2020. (sas)
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| Filing 11 Letter Motion from April J. Laws for Lisa Newby, Gregory L. Thompson, Ron J. Tischler, Village of Potsdam Board of Trustees, Steven Warr requesting One week adjournment to oppose Plaintiff's Temporary Restraining Order submitted to Judge Lawrence E. Kahn . (Laws, April) |
| Filing 10 NOTICE of Appearance by Corey A Ruggiero on behalf of All Defendants (Ruggiero, Corey) |
| Filing 9 NOTICE of Appearance by April J. Laws on behalf of All Defendants (Laws, April) |
| Filing 8 AFFIDAVIT of Service for Text Order served on Corey Ruggiero, counsel for Defendants on August 31, 2020, filed by Frederick Hank Robar. (Crain, Jon) |
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Filing 7
TEXT ORDER: The Court has reviewed Plaintiff's motion for a temporary restraining order and preliminary injunction, Dkt. No. 5-1, which was brought via an application for an order to show cause, Dkt. No. 5. The Court finds that the Declaration of Jon E. Crain, Dkt. No. 5-14, "clearly and specifically show[s] good cause why the standard Notice of Motion procedure cannot be used." See L.R. 7.1(e). The Court accordingly GRANTS Plaintiff's order to show cause. Defendants are directed to submit a response to Plaintiff's motion for a temporary restraining order by 7:00 PM, September 1, 2020. Plaintiff must serve this order upon Corey A. Ruggiero of Johnson & Laws, LLC by 3:00 PM, August 31, 2020. The motion will be decided on the submission of the papers only; no oral arguments will be entertained. Signed by Senior Judge Lawrence E. Kahn on August 31, 2020. (sas)
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| Filing 6 AFFIDAVIT of Service for Summons, Complaint, General Order 25 and Notice of TRO Application served on Gregory Thompson, Lisa Newby, Steven Warr, Ron Tischler, Village of Potsdam Board of Trustees on August 27, 2020, filed by Frederick Hank Robar. (Crain, Jon) |
| Filing 5 Emergency MOTION for Preliminary Injunction , Emergency MOTION for Temporary Restraining Order by Frederick Hank Robar. (Attachments: #1 Memorandum of Law, #2 Affidavit Affidavit of Hank Robar, #3 Exhibit(s) A Newspaper Articles, #4 Exhibit(s) B Order to Remedy Violation dated April 3, 2008, #5 Exhibit(s) C Order to Remedy Violation dated September 4, 2008, #6 Exhibit(s) D Appearance Ticket No. 105136, #7 Exhibit(s) E Order to Remedy Violation dated December 23, 2009, #8 Exhibit(s) F Appearance Ticket No. 105139, #9 Exhibit(s) G Junk Storage Law, #10 Exhibit(s) H November 7, 2019 and December 12, 2019 Letters, #11 Exhibit(s) I Notices to Comply, #12 Exhibit(s) J Request for Hearing, #13 Exhibit(s) K Board Resolution, #14 Declaration Declaration of Jon E. Crain, #15 Exhibit(s) A Letter and Affidavits of Service)(Crain, Jon) |
| ***Answer due date updated for Lisa Newby answer due 9/17/2020; Gregory L. Thompson answer due 9/17/2020; Ron J. Tischler answer due 9/17/2020; Village of Potsdam Board of Trustees answer due 9/17/2020; Steven Warr answer due 9/17/2020. (see) |
| Filing 4 NOTICE of Appearance by Robert S. Rosborough, IV on behalf of All Plaintiffs (Rosborough, Robert) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/24/2020 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/17/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) |
| Filing 2 Summonses Issued as to Lisa Newby, Gregory L. Thompson, Ron J. Tischler, Village of Potsdam Board of Trustees, and Steven Warr. (Attachments: #1 Summons for Ron J. Tischler, #2 Summons for Steven Warr, #3 Summons for Lisa Newby, #4 Summons for Gregory L. Thompson)(see) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Lisa Newby, Gregory L. Thompson, Ron J. Tischler, Village of Potsdam Board of Trustees, and Steven Warr (Filing fee $400 receipt number BNYNDC-5214387) filed by Frederick Hank Robar. (Attachments: #1 Civil Cover Sheet)(see) |
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