Eisenbach et al v. Village of Nelsonville et al
| Joanne Eisenbach, Julien Davies, Catherine Polera, Rosemarie Orshakoski, George H. Eisenbach, Hope Rogers, David Eisenbach, Phil Weiss, Michael Orshakoski, Dana Carini, Kenneth Levine, Lauralee Holmbo, Cynthia King, Jennifer Young, Anne Champlin, Jonathan D. Champlin, Jo Mango, Raymond H. Champlin, Rosemarie Olshakoski and Michael Olshakoski |
| Village of Nelsonville, Village of Nelsonville Zoning Board of Appeals, NEW YORK SMSA LIMITED PARTNERSHIP d/b/a/ VERIZON WIRELESS, William Bujarski, New Cingular Wireless PCD LLC d/b/a AT&T, Village of Nelsonville Planning Board, Homeland Towers, LLC, New Cingular Wireless PCD LLC doing business as AT&T and New York SMSA Limited Partnership doing business as Verizon Wireless |
| 7:2020cv08566 |
| October 14, 2020 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Kenneth M Karas |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 1, 2021. A more recent docket listing may be available from PACER.
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Filing 71
NOTICE OF APPEAL from #68 Memorandum & Opinion,. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Olshakoski, Rosemarie Olshakoski, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young. Filing fee $ 505.00, receipt number ANYSDC-25408427. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Caruso, Michael)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #71 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #71 Notice of Appeal, filed by Lauralee Holmbo, Raymond H. Champlin, Cynthia King, George H. Eisenbach, Jennifer Young, Jo Mango, Phil Weiss, Julien Davies, Anne Champlin, David Eisenbach, Michael Olshakoski, Kenneth Levine, Rosemarie Olshakoski, Joanne Eisenbach, Hope Rogers, Jonathan D. Champlin, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Dana Carini were transmitted to the U.S. Court of Appeals. (tp)
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Filing 70
INTERNET CITATION NOTE: Material from decision with Internet citation re: #68 Memorandum & Opinion. (sjo)
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Filing 69
CLERK'S JUDGMENT re: #68 Memorandum & Opinion in favor of Homeland Towers, LLC, New Cingular Wireless PCD LLC, New York SMSA Limited Partnership, Village of Nelsonville, Village of Nelsonville Planning Board, Village of Nelsonville Zoning Board of Appeals, William Bujarski against Anne Champlin, Catherine Polera, Cynthia King, Dana Carini, David Eisenbach, George H. Eisenbach, Hope Rogers, Jennifer Young, Jo Mango, Joanne Eisenbach, Jonathan D. Champlin, Julien Davies, Kenneth Levine, Lauralee Holmbo, Michael Olshakoski, Phil Weiss, Raymond H. Champlin, Rosemarie Olshakoski. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated November 1, 2021, Defendants' motion to dismiss is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/1/2021) (Attachments: #1 Right to Appeal) (km)
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Filing 68
OPINION AND ORDER: re: #42 MOTION to Dismiss filed by New Cingular Wireless PCD LLC, Homeland Towers, LLC, New York SMSA Limited Partnership. The motion to dismiss is GRANTED. The Clerk is directed to terminate the motion (Doc. #42) and close this case. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/01/2021) (ama) Transmission to Orders and Judgments Clerk for processing.
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Terminate Transcript Deadlines (km)
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Filing 67
DECLARATION of Robert D. Gaudioso in Support re: #42 MOTION to Dismiss .. Document filed by Homeland Towers, LLC, New Cingular Wireless PCD LLC, New York SMSA Limited Partnership. (Attachments: #1 Exhibit 1, Candidates Article, #2 Exhibit 2, Election Article, #3 Exhibit 3, Memorandum Opinion and Order, #4 Exhibit 4, Consent Order, #5 Exhibit 5, Docket Sheet, #6 Exhibit 6, Deed, #7 Exhibit 7, USFWS Letter).(Gaudioso, Robert)
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Filing 66
REPLY MEMORANDUM OF LAW in Support re: #42 MOTION to Dismiss . . Document filed by Homeland Towers, LLC, New Cingular Wireless PCD LLC, New York SMSA Limited Partnership..(Gaudioso, Robert)
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Filing 65
TRANSCRIPT of Proceedings re: show cause hearing held on 3/25/2021 before Judge Vincent L. Briccetti. Court Reporter/Transcriber: Angela O*Donnell, (914) 390-4025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/10/2021. Redacted Transcript Deadline set for 5/20/2021. Release of Transcript Restriction set for 7/19/2021..(O'Donnell, Angela)
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Filing 64
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a show cause hearing proceeding held on 3/25/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(O'Donnell, Angela)
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Filing 63
MEMORANDUM OF LAW in Opposition re: #42 MOTION to Dismiss . . Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Olshakoski, Rosemarie Olshakoski, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young..(Caruso, Michael)
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Filing 62
DECLARATION of Michael V. Caruso in Opposition re: #42 MOTION to Dismiss .. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Olshakoski, Rosemarie Olshakoski, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young. (Attachments: #1 Exhibit Ex. A - Villella complaint, #2 Exhibit Ex. B - Rossi and Gillmer complaint, #3 Exhibit Ex. C - Ctr. Biological Diversity Order).(Caruso, Michael)
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Filing 61
DECLARATION of George Eisenbach in Opposition re: #42 MOTION to Dismiss .. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Olshakoski, Rosemarie Olshakoski, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young. (Attachments: #1 Exhibit Ex. A - May 30, 2018 joint meeting minutes, #2 Exhibit Ex. B - letter re. road and fire concerns).(Caruso, Michael)
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Filing 60
AFFIRMATION of David Eisenbach in Opposition re: #42 MOTION to Dismiss .. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Olshakoski, Rosemarie Olshakoski, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young. (Attachments: #1 Exhibit Ex. A - email to Village, #2 Exhibit Ex. B - Highlands Current article 1.24.2020, #3 Exhibit Ex. C - H.Akselrad email to Village, #4 Exhibit Ex. D - E.Nagel email to Village, #5 Exhibit Ex. E - J.Biafore email to Village, #6 Exhibit Ex. F - March, 2020 drawings, #7 Exhibit Ex. G - HC article 4.10.2020, #8 Exhibit Ex. H - Bujarski rejection letter 3.26.2020, #9 Exhibit Ex. I - Homeland response letter 5.28.2020, #10 Exhibit Ex. J - Fire Dept Letter).(Caruso, Michael)
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Filing 59
ORDER denying #45 Motion for TRO. For the reasons stated on the record at a hearing today conducted by telephone conference and attended by counsel for all parties, plaintiffs' motion, pursuant to Fed. R. Civ. P. 65, for a preliminary injunction and temporary restraining order is DENIED. The Clerk is instructed to terminate the motion. (Doc. #45). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/25/2021) (mml)
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Minute Entry for proceedings held before Judge Vincent L. Briccetti: Show Cause Hearing held on 3/25/2021. (Court Reporter Angela O'Donnell) Order to follow.(dh)
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Filing 58
ORDER granting in part and denying in part #51 Letter Motion for Leave to File Document: Plaintiffs' request for leave to file a reply to defendants' opposition is DENIED. The Court would welcome Mr. Blanchard and Mr. Weis's participation in the hearing scheduled for Thursday, 3/25/2021 at 2:30 p.m. to discuss issues related to the State Court actions, which have, in fact, been removed to this Court and in which a motion to remand is pending. See Villella v. Logan, 20cv9905. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl)
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Filing 57
DECLARATION of Robert D. Gaudioso in Opposition re: #45 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28).(Gaudioso, Robert)
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Filing 56
MEMORANDUM OF LAW in Opposition re: #45 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by New Cingular Wireless PCD LLC. (Attachments: #1 Affidavit of Joseph D'Alto).(Joseph, Andrew)
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Filing 55
AFFIDAVIT of John D'Alto in Opposition re: #45 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Gaudioso, Robert)
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Filing 54
DECLARATION of Manuel Vicente in Opposition re: #45 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Gaudioso, Robert)
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Filing 53
DECLARATION of Robert Breyer in Opposition re: #45 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Gaudioso, Robert)
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Filing 52
MEMORANDUM OF LAW in Opposition re: #45 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Gaudioso, Robert)
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Filing 51
LETTER MOTION for Leave to File Reply to OSC Opposition and permission for conference participation by attorneys in NY State Court Actions (entitled Rossi, et al. and Villella, et al.) addressed to Judge Vincent L. Briccetti from Michael V. Caruso dated March 23, 2021. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Olshakoski, Rosemarie Olshakoski, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young..(Caruso, Michael)
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Filing 50
ORDER granting #49 Letter Motion for Leave to File Document: Defendants Homeland Towers, LLC, and New York SMSA Limited Partnership are granted leave to file a CD exhibit with the Court. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl)
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Filing 49
LETTER MOTION for Leave to File CD addressed to Judge Vincent L. Briccetti from Carlotta Cassidy dated 03/22/2021. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Cassidy-Young, Carlotta)
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Filing 48
ORDER TO SHOW CAUSE: Defendants/respondents shall show cause as to why an Order should not be issued pursuant to Fed. R. Civ. P. 65 immediately enjoining defendants/respondents during the pendency of this action from cutting and felling trees located on real property known as 15 Rockledge Road, Nelsonville, New York 10516 (the "Premises"). Defendants' opposition papers shall be filed by 3/23/21 at 12:00p.m. This conference shall be held by telephone, Call-in number: 888-363-4749 Access code: 1703567. (Show Cause Response due by 3/23/2021. Telephone Conference set for 3/25/2021 at 02:30 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 3/19/2021) (mml)
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Filing 47
ORDER re: #45 EMERGENCY MOTION for Temporary Restraining Order: On consent of the Wireless Defendants, no trees shall be cut on the property until the hearing on the requested TRO. The Court will schedule that hearing for 3/24/2021, or shortly thereafter. The Court will notify the parties of the hearing date and time by tomorrow, 3/19/2021. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (mjl)
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Filing 46
RESPONSE in Opposition to Motion re: #45 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership. (Attachments: #1 Exhibit A, Stipulation of Settlement and Consent Order, #2 Exhibit B, USFWS Letters).(Gaudioso, Robert)
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Filing 45
EMERGENCY MOTION for Temporary Restraining Order . Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Olshakoski, Rosemarie Olshakoski, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young. (Attachments: #1 Affidavit D.Eisenbach Declaration in support of OSC, #2 Exhibit Ex. A - Press release, #3 Exhibit Ex. B - Drawings submitted in connection with Building Permit, #4 Exhibit Ex. C - Email with NYSDEC rep., #5 Affidavit M.Caruso Declaration in support of OSC, #6 Exhibit Ex. A - Letter to Judge Briccetti re. TRO application, #7 Exhibit Ex. B - Emails with R.Gaudioso 3.17.2021, #8 Exhibit Ex. C - Amended Complaint and Petition, #9 Exhibit Ex. D - Stipulation of settlement and consent order, #10 Exhibit Ex. E - State Court order, #11 Exhibit Ex. F - Order to remedy for NLEM, #12 Exhibit Ex. G - USFWS Letter, date 2.10.2021, #13 Memorandum of law in support of OSC).(Caruso, Michael) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
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Filing 44
LETTER addressed to Judge Vincent L. Briccetti from Michael V. Caruso dated March 17, 2021 re: Notice of presentment of application for TRO and injunctive relief. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Olshakoski, Rosemarie Olshakoski, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young. (Attachments: #1 Exhibit Email and letter from R.Gaudioso 3.17.2021).(Caruso, Michael)
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Filing 43
MANDATE of USCA (Certified Copy) USCA Case Number 20-3754. Petitioners request a writ of mandamus compelling the district court to vacate a consent order issued by that court and a building permit issued by the Village of Nelsonville's building inspector. They also move to stay district court proceedings and any actions in furtherance of the building permit pending resolution of the petition. Upon due consideration, it is hereby ORDERED that the mandamus petition is DENIED because Petitioners have not demonstrated that they have no other adequate means to obtain the relief they seek, such as the filing of a motion for a preliminary injunction in district court and an interlocutory appeal under 28 U.S.C. 1292(a) from any adverse decision on that motion, or an appeal from a final judgment. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 3/16/2021..(nd)
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Filing 42
MOTION to Dismiss . Document filed by Homeland Towers, LLC, New Cingular Wireless PCD LLC, New York SMSA Limited Partnership..(Gaudioso, Robert)
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Filing 41
ORDER terminating #21 Motion to Dismiss; terminating #39 Letter Motion for Extension of Time to File Response/Reply terminating #40 Letter Motion for Extension of Time to File Response/Reply. In the interest of efficient docket management, and to preserve the clarity of the docket and any record that may later be the subject of an appeal, it is HEREBY ORDERED that: 1. The Wireless defendants shall file a notice of motion to dismiss the amended complaint by March 192 2021. However, the Wireless defendants should not attempt to re-file their improperly filed "second memorandum of law" or the declaration in support. (Docs. #37, 38). The Court will simply construe these documents as having been filed in support of the Wireless defendants' forthcoming motion to dismiss the amended complaint. 2. Plaintiffs' deadline to oppose the Wireless defendants' motion to dismiss the amended complaint is extended to March 29, 2021. Any reply shall be due April 19, 2021. 3. The Clerk is instructed to terminate the motion to dismiss the original complaint and plaintiffs' requests for extensions. (Docs. #21, 39, 40). SO ORDERED.. (Signed by Judge Vincent L. Briccetti on 3/15/2021) (mml)
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Filing 40
FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Vincent L. Briccetti from Michael V. Caruso dated 03/15/2021. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Olshakoski, Rosemarie Olshakoski, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young..(Caruso, Michael)
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Filing 39
LETTER MOTION for Extension of Time to File Response/Reply as to #36 Declaration in Support of Motion,,, addressed to Judge Vincent L. Briccetti from Michael V. Caruso dated March 12, 2021. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Olshakoski, Rosemarie Olshakoski, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young..(Caruso, Michael)
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Filing 38
DECLARATION of Robert D. Gaudioso in Support re: #21 JOINT MOTION to Dismiss .. Document filed by Homeland Towers, LLC, New Cingular Wireless PCD LLC, New York SMSA Limited Partnership. (Attachments: #1 Exhibit 1-A & 1-B, Complaints from Prior Actions, #2 Exhibit 2, Notice of Motion to Intervene, #3 Exhibit 3, Memorandum Opinion and Order, #4 Exhibit 4, Docket Sheet, #5 Exhibit 5, Stipulation of Settlement and Consent Order, #6 Exhibit 6, Building Permits, #7 Exhibit 7, USFWS Letter, #8 Exhibit 8, Complaint and Petition, #9 Exhibit 9, Exhibit Filed in Tangible Form, #10 Exhibit 10, Amended Complaint and Petition, #11 Exhibit 11, Second USFWS Letter, #12 Exhibit 12, SHPO Concurrence, #13 Exhibit 13, Order Denying Writ of Mandamus, #14 Exhibit 14, Order to Show Cause & TRO).(Gaudioso, Robert)
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Filing 37
SECOND MEMORANDUM OF LAW in Support re: #21 JOINT MOTION to Dismiss . . Document filed by Homeland Towers, LLC, New Cingular Wireless PCD LLC, New York SMSA Limited Partnership..(Gaudioso, Robert)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Robert Dominick Gaudioso to RE-FILE Document #35 SECOND MOTION to Dismiss . Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. NOTE: You must file a Motion first, then re-file this document correctly and link to the Motion. (ldi)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Robert Dominick Gaudioso to RE-FILE Document #36 Declaration in Support of Motion. ERROR(S): document linked to filing error. (ldi)
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Filing 36
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Robert D. Gaudioso in Support re: #35 SECOND MOTION to Dismiss .. Document filed by Homeland Towers, LLC, New Cingular Wireless PCD LLC, New York SMSA Limited Partnership. (Attachments: #1 Exhibit 1-A & 1-B, Complaints from Prior Actions, #2 Exhibit 2, Notice of Motion to Intervene, #3 Exhibit 3, Memorandum Opinion and Order, #4 Exhibit 4, Docket Sheet, #5 Exhibit 5, Stipulation of Settlement and Consent Order, #6 Exhibit 6, Building Permits, #7 Exhibit 7, USFWS Letter, #8 Exhibit 8, Complaint and Petition, #9 Exhibit 9, Exhibit Filed in Tangible Form, #10 Exhibit 10, Amended Complaint and Petition, #11 Exhibit 11, Second USFWS Letter, #12 Exhibit 12, SHPO Concurrence, #13 Exhibit 13, Order Denying Writ of Mandamus, #14 Exhibit 14, Order to Show Cause & TRO).(Gaudioso, Robert) Modified on 3/11/2021 (ldi).
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Filing 35
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND MOTION to Dismiss . Document filed by Homeland Towers, LLC, New Cingular Wireless PCD LLC, New York SMSA Limited Partnership..(Gaudioso, Robert) Modified on 3/11/2021 (ldi).
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Filing 34
ORDER: On February 24, 2021, the Court a Notice of Initial Conference. (Doc. #31). That Order is VACATED. To be clear, the Court will not hold an Initial Conference on March 25, 2021 at 10:30 a.m. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 2/25/2021) (mml)
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Filing 33
ORDER granting #32 Letter Motion for Leave to File Document: Defendants Homeland Towers, LLC, and New York SMSA Limited Partnership are granted leave to file a CD exhibit with the Court. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl)
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Filing 32
LETTER MOTION for Leave to File CD addressed to Judge Vincent L. Briccetti from Carlotta Cassidy dated 02/25/2021. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Cassidy-Young, Carlotta)
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Filing 31
Vacated as per Judge's Order dated 2/26/2021, Doc. # 34 NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR A TELEPHONIC INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 3-25-21 at 10:30a.m. All counsel and/or parties shall use the following information to appear at the conference by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662 Access Code: 1703567. Initial Conference set for 3/25/2021 at 10:30 AM before Judge Vincent L. Briccetti. Telephone Conference set for 3/25/2021 at 10:30 AM before Judge Vincent L. Briccetti. (mml) Modified on 2/26/2021 (mml).
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Filing 30
ANSWER to #29 Amended Complaint,,,. Document filed by William Bujarski, Village of Nelsonville, Village of Nelsonville Planning Board, Village of Nelsonville Zoning Board of Appeals..(Bardavid, Jonathan)
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Filing 29
FIRST AMENDED COMPLAINT amending #28 Amended Complaint,,, #1 Complaint,,, against William Bujarski, Homeland Towers, LLC, New Cingular Wireless PCD LLC, New York SMSA Limited Partnership, Village of Nelsonville, Village of Nelsonville Planning Board, Village of Nelsonville Zoning Board of Appeals with JURY DEMAND.Document filed by Kenneth Levine, Jo Mango, George H. Eisenbach, David Eisenbach, Lauralee Holmbo, Julien Davies, Cynthia King, Joanne Eisenbach, Anne Champlin, Catherine Polera, Hope Rogers, Phil Weiss, Jonathan D. Champlin, Jennifer Young, Raymond H. Champlin, Dana Carini, Rosemarie Olshakoski, Michael Olshakoski. Related document: #28 Amended Complaint,,, #1 Complaint,,,. (Attachments: #1 Exhibit Complaint in DJ Action, #2 Exhibit Consent Order, #3 Exhibit Tower Construction Drawings, #4 Exhibit Attorney consent to correct deficient pleading).(Caruso, Michael)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Vincent Caruso to RE-FILE re: Document No. #28 Amended Complaint,,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add parties Rosemarie Olshakoski and Michael Olshakoski; the wrong party/parties whom the pleading is against were selected; the pleading was filed incorrectly on the due date, therefore new Court's leave must be acquired. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo)
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Filing 28
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint,,, against William Bujarski, Homeland Towers, LLC, New Cingular Wireless PCD LLC, New York SMSA Limited Partnership, Village of Nelsonville, Village of Nelsonville Planning Board, Village of Nelsonville Zoning Board of Appeals with JURY DEMAND.Document filed by Kenneth Levine, Michael Orshakoski, Jo Mango, George H. Eisenbach, David Eisenbach, Lauralee Holmbo, Julien Davies, Cynthia King, Rosemarie Orshakoski, Joanne Eisenbach, Anne Champlin, Catherine Polera, Hope Rogers, Phil Weiss, Jonathan D. Champlin, Jennifer Young, Raymond H. Champlin, Dana Carini. Related document: #1 Complaint,,,. (Attachments: #1 Exhibit Complaint in DJ Action, #2 Exhibit Consent Order, #3 Exhibit Tower Construction Drawings).(Caruso, Michael) Modified on 2/9/2021 (jgo).
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Filing 27
ORDER granting #26 Letter Motion for Extension of Time to Amend. Plaintiffs shall file their amended complaint by Monday, February 8th, 2021. SO ORDERED. Amended Pleadings due by 2/8/2021. (Signed by Judge Vincent L. Briccetti on 1/25/2021) (mml)
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Filing 26
LETTER MOTION for Extension of Time to Amend #1 Complaint,,, addressed to Judge Vincent L. Briccetti from Michael V. Caruso dated January 25, 2021. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young..(Caruso, Michael)
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Filing 25
ORDER granting #24 Letter Motion for Leave to File Document: Defendants Homeland Towers, LLC, and New York SMSA Limited Partnership are granted leave to file a CD exhibit with the Court. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl)
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Filing 24
LETTER MOTION for Leave to File Exhibit - CD containing audio recording addressed to Judge Vincent L. Briccetti from Carlotta Cassidy dated January 19, 2021. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Cassidy-Young, Carlotta)
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Filing 23
ORDER with respect to #21 Motion to Dismiss: Accordingly, it is hereby ORDERED that, by no later than January 25, 2020, plaintiffs must notify the Court by letter whether they (i) intend to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiffs elect not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiffs a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in the Wireless Defendants' motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Capital v. Pappas, 856 F.3d 61, 8990 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiffs elect to file an amended complaint, they must file the amended complaint by no later than 14 days after notifying the Court of their intent to do so. Within 21 days of such amendment, defendants may either: (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that they are relying on the initially filed motion to dismiss. (Signed by Judge Vincent L. Briccetti on 1/19/2021) (jwh)
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Filing 22
ANSWER to #1 Complaint,,,. Document filed by William Bujarski, Village of Nelsonville, Village of Nelsonville Planning Board, Village of Nelsonville Zoning Board of Appeals..(Bardavid, Jonathan)
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Filing 21
JOINT MOTION to Dismiss . Document filed by Homeland Towers, LLC, New Cingular Wireless PCD LLC, New York SMSA Limited Partnership. (Attachments: #1 Memorandum of Law, #2 Affidavit Declaration of Robert D. Gaudioso, #3 Exhibit 1 to Gaudioso Declaration, #4 Exhibit 2 to Gaudioso Declaration, #5 Exhibit 3 to Gaudioso Declaration, #6 Exhibit 4 to Gaudioso Declaration, #7 Exhibit 5 to Gaudioso Declaration, #8 Exhibit 6 to Gaudioso Declaration, #9 Exhibit 7 to Gaudioso Declaration, #10 Exhibit 8 to Gaudioso Declaration, #11 Exhibit 9 to Gaudioso Declaration).(Gaudioso, Robert)
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to Answer: By 1/15/2021, defendants Village of Nelsonville, Village of Nelsonville Zoning Board of Appeals, Village of Nelsonville Planning Board, and William Bujarski shall answer, move, or otherwise respond to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl)
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Filing 19
LETTER MOTION for Extension of Time to File Answer addressed to Judge Vincent L. Briccetti from Jonathan Bardavid dated December 29, 2020. Document filed by William Bujarski, Village of Nelsonville, Village of Nelsonville Planning Board, Village of Nelsonville Zoning Board of Appeals..(Bardavid, Jonathan)
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to Answer: By 1/15/2021, defendants New Cingular Wireless, Homeland Towers, LLC, and New York SMSA Limited Partnership shall answer, move, or otherwise respond to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl)
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Filing 17
MOTION for Extension of Time to File Answer on Consent of Parties. Document filed by New Cingular Wireless PCD LLC..(Joseph, Andrew)
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Filing 16
NOTICE OF APPEARANCE by Andrew Bradford Joseph on behalf of New Cingular Wireless PCD LLC. (Attachments: #1 Certificate of Service).(Joseph, Andrew)
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Filing 15
SUGGESTION OF DEATH upon the record as to Death of Plaintiff/Petitioner Raymond Champlin on November 14, 2020 . Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young.(Caruso, Michael)
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Filing 14
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. New York SMSA Limited Partnership served on 11/17/2020, answer due 12/8/2020. Service was accepted by Lisa Vorraro, Authorized Agent in Office of NYS Secretary of State. Document filed by Kenneth Levine; Michael Orshakoski; Jo Mango; George H. Eisenbach; David Eisenbach; Lauralee Holmbo; Julien Davies; Cynthia King; Rosemarie Orshakoski; Joanne Eisenbach; Anne Champlin; Catherine Polera; Hope Rogers; Phil Weiss; Jonathan D. Champlin; Jennifer Young; Raymond H. Champlin; Dana Carini..(Caruso, Michael)
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NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Kenneth M. Karas is no longer assigned to the case..(wb)
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Magistrate Judge Paul E. Davison is so redesignated. (wb)
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CASE ACCEPTED AS RELATED. Create association to 7:18-cv-05888-VB. Notice of Assignment to follow. (wb)
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Filing 13
ORDER granting #12 LETTER MOTION for Extension of Time to File Answer. Granted, but there will be no further extensions of this deadline. SO ORDERED. William Bujarski answer due 1/2/2021; Village of Nelsonville answer due 1/2/2021; Village of Nelsonville Planning Board answer due 1/2/2021; Village of Nelsonville Zoning Board of Appeals answer due 1/2/2021 (Signed by Judge Kenneth M. Karas on 11/6/2020) (jca)
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Filing 12
LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas from Jonathan Bardavid dated November 4, 2020. Document filed by William Bujarski, Village of Nelsonville, Village of Nelsonville Planning Board, Village of Nelsonville Zoning Board of Appeals..(Bardavid, Jonathan)
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Filing 11
NOTICE OF APPEARANCE by Jonathan Michael Bardavid on behalf of William Bujarski, Village of Nelsonville, Village of Nelsonville Planning Board, Village of Nelsonville Zoning Board of Appeals..(Bardavid, Jonathan)
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Filing 10
NOTICE OF APPEARANCE by Carlotta Cassidy-Young on behalf of Homeland Towers, LLC, New York SMSA Limited Partnership..(Cassidy-Young, Carlotta)
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Filing 9
NOTICE OF APPEARANCE by Robert Dominick Gaudioso on behalf of Homeland Towers, LLC, New York SMSA Limited Partnership..(Gaudioso, Robert)
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Filing 8
STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-5888. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Gaudioso, Robert)
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Filing 7
WAIVER OF SERVICE RETURNED EXECUTED. Homeland Towers, LLC waiver sent on 11/3/2020, answer due 1/2/2021. Document filed by Kenneth Levine; Michael Orshakoski; Jo Mango; George H. Eisenbach; David Eisenbach; Lauralee Holmbo; Julien Davies; Cynthia King; Rosemarie Orshakoski; Joanne Eisenbach; Anne Champlin; Catherine Polera; Hope Rogers; Phil Weiss; Jonathan D. Champlin; Jennifer Young; Raymond H. Champlin; Dana Carini..(Caruso, Michael)
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Filing 6
AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Village of Nelsonville served on 10/22/2020, answer due 11/12/2020; Village of Nelsonville Planning Board served on 10/22/2020, answer due 11/12/2020; Village of Nelsonville Zoning Board of Appeals served on 10/22/2020, answer due 11/12/2020. Service was accepted by Mindy Jesek, Village Clerk. Document filed by Kenneth Levine; Michael Orshakoski; Jo Mango; George H. Eisenbach; David Eisenbach; Lauralee Holmbo; Julien Davies; Cynthia King; Rosemarie Orshakoski; Joanne Eisenbach; Anne Champlin; Catherine Polera; Hope Rogers; Phil Weiss; Jonathan D. Champlin; Jennifer Young; Raymond H. Champlin; Dana Carini..(Caruso, Michael)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to William Bujarski, Homeland Towers, LLC, New Cingular Wireless PCD LLC, New York SMSA Limited Partnership, Village of Nelsonville, Village of Nelsonville Planning Board, Village of Nelsonville Zoning Board of Appeals..(jgo)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Village of Nelsonville, Village of Nelsonville Zoning Board of Appeals, Village of Nelsonville Planning Board, William Bujarski, as Building Inspector of the Village of Nelsonville, Homeland Towers, LLC, New York SMSA Limited Partnership d/b/a Verizon Wireless, and New Cingular Wireless PCD LLC d/b/a AT&T, re: #1 Complaint,,,. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young..(Caruso, Michael)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Vincent Caruso to RE-FILE Document No. #3 Request for Issuance of Summons,,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Create one summons form and use a rider to list each party and their addresses;. 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)
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Filing 3
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ILLAGE OF NELSONVILLE, VILLAGE OF NELSONVILLE ZONING BOARD OF APPEALS, VILLAGE OF NELSONVILLE PLANNING BOARD, WILLIAM BUJARSKI, as Building Inspector of the Village of Nelsonville, HOMELAND TOWERS, LLC, NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS, NEW CINGULAR WIRELESS PCD LLC d/b/a AT&T, re: #1 Complaint,,,. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young..(Caruso, Michael) Modified on 10/19/2020 (pc).
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Caruso. The party information for the following party/parties has been modified: New York SMSA Limited Partnership. The information for the party/parties has been modified for the following reason/reasons: alias party name was entered in all caps. Party text was omitted for William Bujarski. (gp)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Caruso. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 893 (Environmental Matters);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 890 (Other Statutory Actions);. (gp)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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..(gp)
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Case Designated ECF. (gp)
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Magistrate Judge Judith C. McCarthy 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. (gp)
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Filing 2
CIVIL COVER SHEET filed..(Caruso, Michael)
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Filing 1
COMPLAINT against William Bujarski, Homeland Towers, LLC, NEW YORK SMSA LIMITED PARTNERSHIP d/b/a/ VERIZON WIRELESS, New Cingular Wireless PCD LLC d/b/a AT&T, Village of Nelsonville, Village of Nelsonville Planning Board, Village of Nelsonville Zoning Board of Appeals. (Filing Fee $ 400.00, Receipt Number ANYSDC-22133512)Document filed by Kenneth Levine, Michael Orshakoski, Jo Mango, George H. Eisenbach, David Eisenbach, Lauralee Holmbo, Julien Davies, Cynthia King, Rosemarie Orshakoski, Joanne Eisenbach, Anne Champlin, Catherine Polera, Hope Rogers, Phil Weiss, Jonathan D. Champlin, Jennifer Young, Raymond H. Champlin, Dana Carini. (Attachments: #1 Exhibit Complaint in DJ Action, #2 Exhibit Consent Order, #3 Tower Construction Drawings).(Caruso, Michael)
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