Carminucci et al v. Pennelle et al
| John Carminucci and Tin Can Holdings, LLC |
| Sal Pennelle, Beau P. Desimone and Town of Mount Pleasant |
| 7:2018cv02936 |
| April 3, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Cathy Seibel |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
84
ORDER... It is hereby ORDERED that this action is dismissed without costs to any party, and without prejudice to restoring the action to the Court's calendar, provided the application is made within forty-five (45) days of this Order. Any application to reopen that is filed after forty-five (45) days from the date of this Order may be denied solely on that basis. (Signed by Magistrate Judge Andrew E. Krause on 4/4/22) (yv)
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Filing
77
DECISION AND ORDER: For the reasons set forth above, Defendants' motion for reconsideration of that portion of Judge Smiths August 14, 2020 Decision and Order that denied their motion for summary judgment as to Plaintiffs First Amendment retaliation claim regarding the site plan requirement is GRANTED, and that portion of Plaintiffs' First Amendment retaliation claim is DISMISSED. So Ordered. (Signed by Magistrate Judge Andrew E. Krause on 3/21/2022) (js)
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Filing
75
ORDER: This case is now scheduled to proceed to trial, beginning with jury selection on Tuesday, April 19, 2022. This is a firm trial date. As discussed at the status conference on October 19, 2021, all pretrial submissions, including any moti ons in limine, are due on March 18, 2022. The parties should review the Court's Individual Practices at https://nysd.uscourts.gov/hon-andrew-e-krause for more information on the required pretrial submissions. Responses to any motions in limi ne are due on April 1, 2022. An in-person pretrial conference is scheduled for Thursday, April 7, 2022, at 12:00 p.m. in Courtroom 250, at the Hon. Charles L. Brieant Federal Building and Courthouse, 300 Quarropas Street, White Plains, NY 10601. Please note that due to a scheduling conflict, this is a different date from the pretrial conference date set at the last status conference. All members of the public, including attorneys, appearing at a Southern District of New York courthouse m ust complete a questionnaire before being allowed entry into that courthouse. On the day you are to arrive at the courthouse, click on the following link: https://app.certify.me/SDNYPublic. Follow the instructions and fill out the questionnaire. If your answers meet the requirements for entry, you will be sent a QR code to be used at the entry device at the courthouse entrance. If you do not meet the necessary requirements, please contact Chambers at (914) 390-4070. SO ORDERED. ( Motions du e by 3/18/2022., Responses due by 4/1/2022, Ready for Trial by 4/19/2022., Pretrial Conference set for 4/7/2022 at 12:00 PM in Courtroom 250, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Andrew E. Krause.) (Signed by Magistrate Judge Andrew E. Krause on 3/1/2022) (tg)
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Filing
72
ORDER granting 71 Letter Motion for Discovery; granting 71 Letter Motion for Extension of Time. APPLICATION GRANTED. The parties may file additional submissions regarding the site plan issue on or before October 29, 2021. The parties should still be prepared to discuss this issue at the October 19, 2021 pre-trial conference. Based on the parties' agreement, the Clerk of the Court is respectfully directed to TERMINATE defendant Brian P. Desimone as a party in this action. The Clerk of the Court is also respectfully directed to terminate the motion at ECF No. 71. (Signed by Magistrate Judge Andrew E. Krause on 10/12/2021) (tg) Modified on 10/14/2021 (tg).
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Filing
69
DECISION AND ORDER: For the reasons set forth above, Defendants' motion for reconsideration is DENIED. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 65. The Court will issue a separate order to schedule an in-person conference to discuss next steps in this matter. So Ordered. (Signed by Magistrate Judge Andrew E. Krause on 9/30/2021) (js)
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Filing
64
DECISION AND ORDER granting in part and denying in part 44 Motion for Summary Judgment. Accordingly, the Court finds that there remain issues of material fact for a trial. Based on the foregoing, Defendant's motion for summary judgment is g ranted in part and denied in part. The Court grants Defendants' summary judgment motion on Plaintiffs' First Amendment retaliation claim regarding the Fence Maintenance Requirement, the Paving Requirement, the Yard Maintenance Requirement , the Litter Regulation, and the Special Use Permit Requirement, but denies the same motion as it pertains to the Overgrowth Regulation, the Site Plan Requirement, and the Setback Law on Garrigan Avenue. Next, the Court grants Defendants' summ ary judgment motion on Plaintiffs' as applied First Amendment challenge to the Sign Law. Finally, the Court grants Defendants' motion for summary judgment on Plaintiffs' selective enforcement claim as it pertains the Setback Law reg arding Plaintiffs' property on Broadway, Special Use Permit Requirement, the Site Plan Requirement, the Fence Maintenance Requirement, the Paving Requirement, the Yard Maintenance Requirement, the Litter Regulation, and the Sign Law. The Cour t denies Defendants' same motion as it pertains to Plaintiffs' property on Garrigan Avenue and the Overgrowth Regulation. The Clerk of the Court is respectfully requested to terminate the motion at ECF No. 44. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 8/14/2020) (jca)
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