New Cingular Wireless PCS, LLC v. The Village of Nelsonville et al
| New Cingular Wireless PCS, LLC |
| The Village of Nelsonville Planning Board, The Village of Nelsonville Zoning Board of Appeals, The Village of Nelsonville and William Bujarski |
| 7:2018cv05888 |
| June 29, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Vincent L Briccetti |
| Other Statutory Actions |
| 47 U.S.C. § 332 |
| None |
Docket Report
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This docket was last retrieved on February 1, 2019. A more recent docket listing may be available from PACER.
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Filing 31
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. The case is not to be tried to a jury. Additional parties may not be joined except with leave of the Court. Non-expert depositions and expert deposition due by 5/31/2019. Fact Discovery due by 5/31/2019. Expert Discovery due by 5/31/2019. Discovery due by 5/31/2019. The parties have conferred and their present best estimate of the length of the trial is three days. Case Management Conference set for 6/3/2019 at 02:30 PM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 2/1/2019) (mml)
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Filing 30
ORDER re: #29 Proposed Scheduling Order: Discovery deadlines extended as set forth in the Revised Civil Case Discovery Plan and Scheduling Order, which shall be separately docketed. The 3/20/2019 conference is adjourned to 6/3/2019, at 2:30 p.m. Counsel are advised the Court is unlikely to grant any further discovery extensions in this case. (Signed by Judge Vincent L. Briccetti on 2/1/2019) (jal)
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| Filing 29 PROPOSED SCHEDULING ORDER. Document filed by New Cingular Wireless PCS, LLC. (Attachments: #1 Letter Enclosing Joint Proposed Revised Civil Case Discovery Plan and Scheduling Order) (Wilbur, Kenneth) |
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Filing 28
ORDER denying #25 Letter Motion for Conference: By 1/31/2019, the parties shall meet and confer regarding a mutually agreeable discovery extension, and shall submit a joint proposed Revised Civil Case Discovery Plan and Scheduling Order. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (jal)
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| Filing 27 LETTER RESPONSE in Opposition to Motion addressed to Judge Vincent L. Briccetti from Terry Rice dated January 22, 2019 re: #25 LETTER MOTION for Conference regarding Outstanding Discovery addressed to Judge Vincent L. Briccetti from Andrew B. Joseph dated January 16, 2019. . Document filed by William Bujarski, The Village of Nelsonville, The Village of Nelsonville Planning Board, The Village of Nelsonville Zoning Board of Appeals. (Rice, Terry) |
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Filing 26
ORDER deferring ruling on #25 Letter Motion for Conference: By 1/22/2019, defense counsel shall respond by letter to the letter-motion, at which time the Court will decide how to proceed. Defense counsel's response shall address plaintiff's proposal that the letter-motion be addressed in conjunction with the 1/14/2019 letter-motion in New York SMSA Limited Partnership et al. v. Village of Nelsonville et al. (No. 18-cv-5932, Doc. #27). The Court reminds defense counsel of his obligation to comply strictly with Local Civil Rule 26.4, which requires cooperation among counsel with respect to all phases of discovery. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (jal)
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| Filing 25 LETTER MOTION for Conference regarding Outstanding Discovery addressed to Judge Vincent L. Briccetti from Andrew B. Joseph dated January 16, 2019. Document filed by New Cingular Wireless PCS, LLC.(Joseph, Andrew) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Settlement Conference held on 11/29/2018. Case did not settle. Reference concluded. (Court Reporter Courtflow) (ld) |
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Filing 24
SCHEDULING ORDER: The Court has scheduled a Settlement Conference before the Honorable Paul E. Davison, United States Magistrate Judge, on November 29, 2018 at 2:30pm in courtroom 420. Counsel should have either: full independent settlement authority; principals present; or principals readily available by telephone. Counsel are encouraged, but not required, to submit a confidential, ex parte letter to the Court, not to exceed 5 pages in length, no later than two business days prior to the conference, outlining any information counsel believes would assist the Court in preparation for the conference. Counsel shall notify all other parties of their intention to submit an ex parte letter no later than one week prior to the conference. PLEASE NOTIFY ALL OTHER PARTIES OF THE ABOVE INFORMATION IMMEDIATELY. So Ordered. (Settlement Conference set for 11/29/2018 at 02:30 PM in Courtroom 420, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Paul E. Davison.) (Signed by Magistrate Judge Paul E. Davison on 10/25/18) (yv)
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Filing 23
MEMO ENDORSEMENT on re: (23 in 7:18-cv-05932-VB) Letter filed by Homeland Towers, LLC, New York SMSA Limited Partnership. ENDORSEMENT: By separate Orders, the Court will refer this case and related case 18cv5888 to Magistrate Judge Davison for a combined settlement conference. The Clerk is directed to docket a copy of this letter in related case 18cv5888. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/25/2018) (jca)
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Filing 22
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement: Settlement conference shall also address related case 18 cv 5932. Referred to Magistrate Judge Paul E. Davison. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/25/2018) (jca)
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| Filing 21 EXHIBIT TO PLEADING re: #20 Amended Complaint,. Document filed by New Cingular Wireless PCS, LLC.(Joseph, Andrew) |
| Filing 20 FIRST AMENDED COMPLAINT amending #1 Complaint against William Bujarski, The Village of Nelsonville, The Village of Nelsonville Planning Board, The Village of Nelsonville Zoning Board of Appeals.Document filed by New Cingular Wireless PCS, LLC. Related document: #1 Complaint. (Attachments: #1 Exhibit)(Joseph, Andrew) Modified on 10/17/2018 (sj). Modified on 10/22/2018 (pc). |
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Filing 19
STIPULATION AND ORDER FOR CONSENT TO FILE AND AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, pursuant to Fed. R. Civ. P. 15(a)(2), byand between the parties hereto and through their respective counsel of record, that Defendants hereby consent to the filing of a First Amended Complaint by Plaintiff in the form appended to this Stipulation and Order; and it is further STIPULATED AND AGREED that Defendants' responses set forth in their Answer to the Complaint (ECF No. l0) shall stand and Defendants shall not file any additional response to the First Amended Complaint; and it is further STIPULATED AND AGREED that Plaintiff shall file the First Amended Complaint within seven (7) days of the date of the Court entering this Order.Plaintiff shall file an amended complaint by 10/2/2018. SO ORDERED.(Amended Pleadings due by 10/2/2018.) (Signed by Judge Vincent L. Briccetti on 9/26/2018) (jca)
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| Filing 18 PROPOSED STIPULATION AND ORDER. Document filed by New Cingular Wireless PCS, LLC. (Attachments: #1 Exhibit Proposed First Amended Complaint, #2 Letter Enclosing Stipulation and Order) (Joseph, Andrew) |
| Magistrate Judge Paul E. Davison is so redesignated. (wb) |
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Filing 17
JOINT CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. The case is not to be tried to a jury. Amended Pleadings due by 10/1/2018. Joinder of Parties due by 10/1/2018. Non-Expert Deposition due by 2/1/2019. Expert Deposition due by 3/14/2019. Fact Discovery due by 2/1/2019. Expert Discovery due by 3/14/2019. Discovery due by 3/14/2019. Case Management Conference set for 3/20/2019 at 09:30 AM before Judge Vincent L. Briccetti. 16. By 10/16/18, counsel to submit joint letter regarding settlement discussions. (Signed by Judge Vincent L. Briccetti on 9/14/2018) (mml)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 9/14/2018. Case management plan signed. Joint letter is due 10-16-18. Next conference is scheduled for 3-20-19 at 9:30 a.m. (dh) |
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Filing 16
ORDER FOR ADMISSION PRO HAC VICE granting #15 Motion for Kenneth Wilbur to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Kenneth Wilbur is admitted to appear Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 9/12/2018) (mml)
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| Filing 15 MOTION for Kenneth Wilbur to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15554405. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New Cingular Wireless PCS, LLC. (Attachments: #1 Affidavit Declaration of Kenneth Wilbur in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Wilbur, Kenneth) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Kenneth Wilbur to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15554405. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 14
ORDER granting #13 Letter Motion to Adjourn Conference: A statement of relatedness ordinarily is filed by parties who seek to have a later-filed case assigned to the judge presiding over an earlier-filed, related case. Here, plaintiff's counsel improperly filed a statement of relatedness in the earlier-filed case, despite the fact that both cases had already been assigned to Judge Briccetti. In any event, to ensure efficient case management in both cases, the Initial Conference in this case is advanced to 9/14/2018 at 9:30 a.m., concurrent with the Initial Conference in New York SMSA Limited Partnership d/b/a Verizon Wireless, et al. v. Village of Nelsonville, et al., 18 Civ. 5932. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 13 LETTER MOTION to Adjourn Conference from Sept. 19, 2018 to Sept. 14, 2018 addressed to Judge Vincent L. Briccetti from Andrew B. Joseph dated September 6, 2018. Document filed by New Cingular Wireless PCS, LLC.(Joseph, Andrew) |
| Filing 12 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-5932-VB. Document filed by New Cingular Wireless PCS, LLC.(Joseph, Andrew) |
| Filing 11 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 9/19/2018 at 11:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (mml) |
| Filing 10 ANSWER to #1 Complaint,. Document filed by William Bujarski, The Village of Nelsonville, The Village of Nelsonville Planning Board, The Village of Nelsonville Zoning Board of Appeals.(Rice, Terry) |
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time to Answer All Defendants: Defendants' time to answer, move, or otherwise respond to the complaint is extended to 8/20/2018. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 8 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION for Extension of Time to File Answer addressed to Judge Vincent L. Briccetti from Terry Rice dated August 13, 2018. Document filed by William Bujarski, The Village of Nelsonville, The Village of Nelsonville Planning Board, The Village of Nelsonville Zoning Board of Appeals.(Rice, Terry) Modified on 8/23/2018 (db). |
| Filing 7 NOTICE OF APPEARANCE by Terry August Rice on behalf of William Bujarski, The Village of Nelsonville, The Village of Nelsonville Planning Board, The Village of Nelsonville Zoning Board of Appeals. (Rice, Terry) |
| Filing 6 SUMMONS RETURNED EXECUTED. William Bujarski served on 7/9/2018, answer due 7/30/2018; The Village of Nelsonville served on 7/9/2018, answer due 7/30/2018; The Village of Nelsonville Planning Board served on 7/9/2018, answer due 7/30/2018; The Village of Nelsonville Zoning Board of Appeals served on 7/9/2018, answer due 7/30/2018. Service was accepted by Mindy Jesek, Village Clerk. Document filed by New Cingular Wireless PCS, LLC. (Joseph, Andrew) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to William Bujarski, The Village of Nelsonville, The Village of Nelsonville Planning Board, The Village of Nelsonville Zoning Board of Appeals. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew Bradford Joseph. The following case opening statistical information was erroneously selected/entered: Cause of Action code Blank. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 47:332 (c) Federal Telecommunications Act of 1996. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (vf) |
| Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (vf) |
| Case Designated ECF. (vf) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to The Village of Nelsonville, The Village of Nelsonville Zoning Board of Appeals, The Village of Nelsonville Planning Board, and William Bujarski, Building Inspector of the Village of Nelsonville (in his official capacity), re: #1 Complaint,. Document filed by New Cingular Wireless PCS, LLC. (Joseph, Andrew) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AT&T Inc. for New Cingular Wireless PCS, LLC. Document filed by New Cingular Wireless PCS, LLC.(Joseph, Andrew) |
| Filing 2 CIVIL COVER SHEET filed. (Joseph, Andrew) |
| Filing 1 COMPLAINT against William Bujarski, The Village of Nelsonville, The Village of Nelsonville Planning Board, The Village of Nelsonville Zoning Board of Appeals. (Filing Fee $ 400.00, Receipt Number 0208-15265598)Document filed by New Cingular Wireless PCS, LLC. (Attachments: #1 Exhibit Exhibit 1)(Joseph, Andrew) |
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