Blue Sky Towers III, LLC v. Town of LaGrange, New York et al.
| Orange County-Poughkeepsie Limited Partnership, Blue Sky Towers III, LLC and Verizon Wireless of the East LP |
| The Planning Board of the Town of LaGrange, Town of LaGrange, New York, The Zoning Board of Appeals of the Town of LaGrange, The Building, Zoning and Fire Prevention Department of The Town of LaGrange and The Department of Planning and Public Works of the Town of LaGrange |
| 7:2019cv11039 |
| December 2, 2019 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Mandamus & Other |
| 47 U.S.C. § 332 |
| None |
Docket Report
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| Filing 18 AFFIDAVIT OF SERVICE of Answer served on Scott P. Olson, Esq on January 27, 2020. Document filed by The Building, Zoning and Fire Prevention Department of The Town of LaGrange, The Department of Planning and Public Works of the Town of LaGrange, The Planning Board of the Town of LaGrange, The Zoning Board of Appeals of the Town of LaGrange, Town of LaGrange, New York. (Barnett, Kyle) |
| Filing 17 ANSWER to Complaint. Document filed by The Building, Zoning and Fire Prevention Department of The Town of LaGrange, The Department of Planning and Public Works of the Town of LaGrange, The Planning Board of the Town of LaGrange, The Zoning Board of Appeals of the Town of LaGrange, Town of LaGrange, New York.(Barnett, Kyle) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Verizon Communications, Inc. for Verizon Wireless of the East LP. Document filed by Verizon Wireless of the East LP.(Olson, Scott) |
Filing 15
STIPULATION: It is hereby stipulated and agreed by and between the attorneys for Plaintiffs and attorneys for Defendants, as follows: (1) The law firm of Van DeWater & Van DeWater hereby appears on behalf of Defendants, (2) Defendants' time in which to answer the Complaint is hereby extended to January 27, 2020. (3) Defendants shall serve and file the Record of Proceedings on or before February 1, 2020. (4) Verizon Wireless of the East LP d/b/a Verizon Wireless, a Delaware limited partnership with an address at One Verizon Way, Basking Ridge, New Jersey 07920 is hereby substituted in the place and stead of Plaintiff Orange County-Poughkeepsie Limited Partnership, as the successor in interest, and the caption shall be, and hereby (5) If a court order is required to amend the caption and substitute Verizon Wireless of the East LP as a plaintiff, Defendants hereby consent to the entry of such an order pursuant to Rule 15 of the Federal Rules of Civil Procedure. (6) Defendants hereby: (A) acknowledge receipt of the Summons and Complaint, dated December 2, 2019, (B) accept service, and (C) waive any defense it has, or may have, with respect to service of the Summons and Complaint. (7) This Stipulation may be executed in identical counterparts, or by email, or facsimile, each of which shall constitute an original and all of which shall constitute one and the same Stipulation; and (8) Once fully executed, this Stipulation may be submitted to the Court without further notice. The caption is hereby amended and Defendants' are granted an extension of time until January 27, 2020 to answer the complaint. SO ORDERED., The Department of Planning and Public Works of the Town of LaGrange answer due 1/27/2020; The Zoning Board of Appeals of the Town of LaGrange answer due 1/27/2020; Town of LaGrange, New York answer due 1/27/2020; The Building, Zoning and Fire Prevention Department of The Town of LaGrange answer due 1/27/2020; The Planning Board of the Town of LaGrange answer due 1/27/2020., Verizon Wireless of the East LP added. Orange County-Poughkeepsie Limited Partnership terminated. (Signed by Judge Nelson Stephen Roman on 1/10/2020) (rj)
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| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Blue Sky Towers III, LLC, Orange County-Poughkeepsie Limited Partnership. (Olson, Scott) |
| Filing 13 NOTICE OF APPEARANCE by Kyle William Barnett on behalf of The Building, Zoning and Fire Prevention Department of The Town of LaGrange, The Department of Planning and Public Works of the Town of LaGrange, The Planning Board of the Town of LaGrange, The Zoning Board of Appeals of the Town of LaGrange, Town of LaGrange, New York. (Barnett, Kyle) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,,,,. The Building, Zoning and Fire Prevention Department of The Town of LaGrange served on 12/9/2019, answer due 12/30/2019. Service was accepted by Christine O'Reilly-Rao. Document filed by Blue Sky Towers III, LLC; Orange County-Poughkeepsie Limited Partnership. (Olson, Scott) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,,,,. The Department of Planning and Public Works of the Town of LaGrange served on 12/9/2019, answer due 12/30/2019. Service was accepted by Christine O'Reilly-Rao. Document filed by Blue Sky Towers III, LLC; Orange County-Poughkeepsie Limited Partnership. (Olson, Scott) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,,,,. The Planning Board of the Town of LaGrange served on 12/9/2019, answer due 12/30/2019. Service was accepted by Christine O'Reilly-Rao. Document filed by Blue Sky Towers III, LLC; Orange County-Poughkeepsie Limited Partnership. (Olson, Scott) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,,,,. The Zoning Board of Appeals of the Town of LaGrange served on 12/9/2019, answer due 12/30/2019. Service was accepted by Christine O'Reilly-Rao. Document filed by Blue Sky Towers III, LLC; Orange County-Poughkeepsie Limited Partnership. (Olson, Scott) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,,,,,,,. Town of LaGrange, New York served on 12/9/2019, answer due 12/30/2019. Service was accepted by Christine O'Reilly-Rao. Document filed by Blue Sky Towers III, LLC; Orange County-Poughkeepsie Limited Partnership. (Olson, Scott) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to The Building, Zoning and Fire Prevention Department of The Town of LaGrange, The Department of Planning and Public Works of the Town of LaGrange, The Planning Board of the Town of LaGrange, The Zoning Board of Appeals of the Town of LaGrange, Town of LaGrange, New York. (dnh) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Town of LaGrange, New York, The Zoning Board of Appeals of the Town of LaGrange, The Planning Board of the Town of LaGrange, The Department of Planning and Public Works of the Town of LaGrange, and The Building, ZOning and Fire Prevention Department The Town of LaGrange, re: #1 Complaint,,,,,,,. Document filed by Blue Sky Towers III, LLC, Orange County-Poughkeepsie Limited Partnership. (Olson, Scott) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Scott P. Olson to RE-FILE Document No. #5 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): Party names do not match ( The Zoning Board of Appeals of the Town of LaGrange) ( The Department of Planning and Public Works of the Town of LaGrange);. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to TOWN OF LAGRANGE, NEW YORK, THE ZONING BOARD OF APPEALS OF THE TOWN OF LAGRANGE, THE PLANNING BOARD OF THE TOWN OF LAGRANGE, THE DEPARTMENT OF PLANNING AND PUBLIC WORKS OF THE TOWN OF LAGRANGE, and THE BUILDING, ZONING AND FIRE PREVENTION DEPARTMENT THE TOWN OF LAGRANGE, re: #1 Complaint,,,,,,,. Document filed by Blue Sky Towers III, LLC, Orange County-Poughkeepsie Limited Partnership. (Olson, Scott) Modified on 12/4/2019 (pc). |
| Filing 4 CIVIL COVER SHEET filed. (Olson, Scott) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Indirectly owned by Verizon Communications, Inc., a publicly traded company for Orange County-Poughkeepsie Limited Partnership. Document filed by Orange County-Poughkeepsie Limited Partnership.(Olson, Scott) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blue Sky Towers III, LLC.(Olson, Scott) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Scott P. Olson. The following case opening statistical information was erroneously selected/entered: County code Dutchess; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to Albany; the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott P. Olson. The party information for the following party/parties has been modified: The Building, Zoning and Fire Prevention Department of The Town of LaGrange, The Department of Planning and Public Works of the Town of LaGrange, The Planning Board of the Town of LaGrange, The Zoning Board of Appeals of the Town of LaGrange, Town of LaGrange, New York, Blue Sky Towers III, LLC, Orange County-Poughkeepsie Limited Partnership d/b/a Verizon Wireless. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party name was omitted;. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Scott P. Olson. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Paul E. Davison 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Filing 1 COMPLAINT against The Building, Zoning and Fire Prevention Department of The Town of LaGrange, The Department of Planning and Public Works of the Town of LaGrange, The Planning Board of the Town of LaGrange, The Zoning Board of Appeals of the Town of LaGrange, Town of LaGrange, New York. (Filing Fee $ 400.00, Receipt Number ANYSDC-18183349)Document filed by Blue Sky Towers III, LLC, Orange County-Poughkeepsie Limited Partnership d/b/a Verizon Wireless. (Attachments: #1 Appendix Index of Exhibits to Complaint, #2 Exhibit Ex. A - Federal Aviation Administration ("FAA") Determination of No Hazard to Air Navigation, dated August 6, 2019, #3 Exhibit Ex. b - Radio Frequency ("RF") Analysis, dated May 30, 2019 prepared by Michael R. Crosby (Verizon Wireless Consultant), #4 Exhibit Ex. C - RF Analysis Letter, dated April 16, 2018 prepared by Ronald E. Graiff P.E. (the Town's consultant) to Planning Board with comments regarding Verizon Wireless RF report of George Karim, #5 Exhibit Ex. D - RF Analysis Letter, dated September 2, 2019 prepared by Ronald E. Graiff to the Planning Board with comments regarding Verizon Wireless RF Report of Michael R. Crosby, #6 Exhibit Ex. E - RF Report of Michael R. Crosby, dated July 25, 2019, #7 Exhibit Ex. F - FAA/FCC Aeronautical Evaluation and AM Screening Report, dated September 18, 2019 prepared by Caldwell Compliance, #8 Exhibit Ex. G - Part 1 - Visual Resource Evaluation, dated February 7, 2019 for Proposed Telecommunications Structure prepared by Tectonic, #9 Exhibit Ex. G - Part 2 - Appendix B to Visual Resource Evaluation, dated February 7, 2019 for Proposed Telecommunications Structure prepared by Tectonic, #10 Exhibit Ex. H - Decision of ZBA, filed November 25, 2019)(Olson, Scott) |
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