Gondolfo et al v. Town of Carmel et al
| Joseph Armisto, Gerard Hanrahan, Jessica Gondolfo, Edward Weschler, Robert Cavallaro and Todd McCormack |
| Michael Carnazza (in his official capacity as Town of Carmel Building Inspector), Town of Carmel Planning Board, Town of Carmel, Maple Hill Estates Homeowners Association Inc., Town of Carmel Town Board, New York SMSA Limited Partnership d/b/a Verizon Wireless, Town of Carmel Zoning Board of Appeals, Homeland Towers, LLC, Michael Carnazza and New York SMSA Limited Partnership doing business as Verizon Wireless |
| 7:2020cv09060 |
| October 28, 2020 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Other Statutory Actions |
| 28 U.S.C. § 1651 mn |
| None |
Docket Report
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Filing 24
ORDER re: #22 Letter, #23 Letter: As the parties cannot agree, and as the matter is time-sensitive, the cross-motion shall be made with Defendants' opposition as scheduled on 1/5/21; the opposition to the cross-motion shall be due with Plaintiffs' reply as scheduled on 1/12/21, or on 1/19/21 if Plaintiffs prefer; and Defendants' reply on the cross-motion shall be due one week after Plaintiffs oppose. Plaintiffs shall let Defendants know by 1/7/21 as whether they will oppose the cross motion and reply on their motion on 1/12 or 1/19. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy)
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Filing 23
LETTER addressed to Judge Cathy Seibel from Carlotta Cassidy dated December 22, 2020 re: Briefing Schedule. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Cassidy-Young, Carlotta)
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Filing 22
LETTER addressed to Judge Cathy Seibel from Petitioners dated December 22, 2020 re: Motion Scheduling. Document filed by Joseph Armisto, Robert Cavallaro, Jessica Gondolfo, Gerard Hanrahan, Todd McCormack, Edward Weschler..(Tantillo, Jonathan)
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Filing 21
NOTICE OF APPEARANCE by Alan Jon Knauf on behalf of Joseph Armisto, Robert Cavallaro, Jessica Gondolfo, Gerard Hanrahan, Todd McCormack, Edward Weschler..(Knauf, Alan)
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Filing 20
ORDER denying as moot #19 Letter Motion for Conference: Pre-motion conference requirement is waived. Defendants may cross-move to dismiss when they oppose Plaintiffs' motion. If Plaintiffs believe that an amended complaint would address the issues raised in the motion to dismiss, they may so argue in opposition. The parties should confer on adjustments to the briefing schedule occasioned by the cross-motion, and submit a proposed amended briefing schedule no later than 12/23/20. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 19
LETTER MOTION for Conference RE motion to dismiss addressed to Judge Cathy Seibel from Robert D. Gaudioso dated December 19, 2020. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Gaudioso, Robert)
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Filing 18
MOTION to Remand to State Court or Alternatively for Preliminary Injunction. Document filed by Joseph Armisto, Robert Cavallaro, Jessica Gondolfo, Gerard Hanrahan, Todd McCormack, Edward Weschler. (Attachments: #1 Affidavit Affirmation in Support of Motion, #2 Memorandum of Law).(Tantillo, Jonathan)
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Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 12/7/2020. Plaintiffs' counsel Jonathan Tantillo, Esq. appears telephonically. Town of Carmel Defendants' counsel Gregory Folchetti, Esq. appears telephonically. Defendant Maple Hill Estates Homeowners Association counsel Steven Waldinger, Esq. appears telephonically. Defendant(s) Homeland Towers and New York SMSA Limited Partnership counsel(s) Carlotta Cassidy, Esq. and Robert Gaudioso, Esq. appear telephonically. Law Clerk Joshua Cohen appears telephonically. Plaintiff's Motion to Remand and PI Motion to be submitted by December 18, 2020; Defendants' opposition due January 5, 2021; Plaintiff's reply due January 12, 2021. See transcript. (Court Reporter Sue Ghorayeb) (wc)
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Filing 17
LETTER addressed to Judge Cathy Seibel from Gregory L.Folchetti dated November 28, 2020 re: LETTER RESPONSE to Motion request addressed to Judge Cathy Seibel USDJ from Gregory L. Folchetti dated November 28, 2020 Pre-Motion Conference on Motion to Remand and/or Preliminary Injunction. Document filed by Town of Carmel, Town of Carmel Planning Board, Town of Carmel Town Board, Town of Carmel Zoning Board of Appeals..(Folchetti, Gregory)
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Filing 16
LETTER RESPONSE to Motion addressed to Judge Cathy Seibel from Robert D. Gaudioso dated November 30, 2020 re: #11 LETTER MOTION for Conference requesting Pre-Motion Conference for Motion to Remand and in the Alternative for a Preliminary Injunction addressed to Judge Cathy Seibel from Petitioners dated November 12, 2020. . Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Gaudioso, Robert)
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Filing 15
ANSWER to Complaint. Document filed by Michael Carnazza..(Folchetti, Gregory)
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Filing 14
ANSWER to Complaint. Document filed by Town of Carmel, Town of Carmel Planning Board, Town of Carmel Town Board, Town of Carmel Zoning Board of Appeals..(Folchetti, Gregory)
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Filing 13
ORDER: Pursuant to my Emergency Individual Rules and Practices in Light of COVID-19, last revised September 1, 2020, all parties to civil conferences shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 1047966. The parties should call in from a landline, announce their names before speaking, and mute their lines when not speaking. This Order is subject to revocation at any time. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. SO ORDERED. (Signed by Judge Cathy Seibel on 11/17/2020) (mml)
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Filing 12
ORDER granting #11 Letter Motion for Conference: Telephonic Pre-Motion Conference set for 12/7/20 at 02:15 pm. Defendants shall state their position, by letter of no more than 3 pages, by 11/30/20. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 11
LETTER MOTION for Conference requesting Pre-Motion Conference for Motion to Remand and in the Alternative for a Preliminary Injunction addressed to Judge Cathy Seibel from Petitioners dated November 12, 2020. Document filed by Joseph Armisto, Robert Cavallaro, Jessica Gondolfo, Gerard Hanrahan, Todd McCormack, Edward Weschler..(Tantillo, Jonathan)
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Filing 10
NOTICE OF APPEARANCE by Gregory L. Folchetti on behalf of Michael Carnazza, Town of Carmel, Town of Carmel Planning Board, Town of Carmel Town Board, Town of Carmel Zoning Board of Appeals..(Folchetti, Gregory)
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Filing 9
NOTICE OF APPEARANCE by Jonathan Ross Tantillo on behalf of Joseph Armisto, Robert Cavallaro, Jessica Gondolfo, Gerard Hanrahan, Todd McCormack, Edward Weschler..(Tantillo, Jonathan)
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Filing 8
NOTICE OF APPEARANCE by Heather Rebecca Gushue on behalf of Maple Hill Estates Homeowners Association Inc...(Gushue, Heather)
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Filing 7
ORDER granting #6 Letter Motion for Extension of Time: Defendants Homeland Towers LLC and New York SMSA Limited Partnership may have until 1/4/21 to respond to the petition and complaint. Counsel for those Defendants shall promptly convey a copy of this text order to counsel for the remaining parties. Counsel for the remaining parties shall promptly file notice of appearance (or, if not admitted to this Court, promptly arrange to be admitted or for the client to be represented by counsel who is admitted). (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 6
CONSENT LETTER MOTION for Extension of Time to Answer, Move, or Otherwise Respond to Petition/Complaint addressed to Judge Cathy Seibel from Carlotta Cassidy dated November 4, 2020. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Cassidy-Young, Carlotta)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cellco Partnership d/b/a Verizon Wireless, Corporate Parent Bell Atlantic Mobile Systems LLC, Corporate Parent GTE Wireless LLC, Corporate Parent GTE LLC, Corporate Parent BAMS Communications LLC, Corporate Parent MCI Communications Services LLCService, Corporate Parent Verizon Communications Inc. for New York SMSA Limited Partnership. Document filed by New York SMSA Limited Partnership..(Cassidy-Young, Carlotta)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Homeland Towers, LLC..(Cassidy-Young, Carlotta)
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Filing 3
CIVIL COVER SHEET filed..(Cassidy-Young, Carlotta)
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Filing 2
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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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Robert Dominick Gaudioso. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Dominick Gaudioso. The party information for the following party/parties has been modified: Michael Carnazza (in his official capacity as Town of Carmel Building Inspector) ; New York SMSA Limited Partnership d/b/a Verizon Wireless. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party type was entered incorrectly. (dnh)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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..(dnh)
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Case Designated ECF. (dnh)
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Magistrate Judge Andrew E. Krause 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. (dnh)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of Putnam. Case Number: 501385/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-22359857).Document filed by Michael Carnazza (in his official capacity as Town of Carmel Building Inspector), Town of Carmel, Town of Carmel Planning Board, Town of Carmel Town Board, Town of Carmel Zoning Board of Appeals, Maple Hill Estates Homeowners Association Inc., Homeland Towers, LLC, New York SMSA Limited Partnership d/b/a Verizon Wireless. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Gaudioso, Robert)
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