Villella et al v. Logan et al
Plaintiff: Richard O. Villella, Courtney S. Tarpley, Michael I. Olshakoski, Rosemarie Olshakoski, Jeff Rossi and Melissa Gillmer
Defendant: New Cingular Wireless PCD LLC d/b/a AT&T doing business as AT&T, Homeland Towers, LLC, Douglas W. Logan, NEW YORK SMSA LIMITED PARTNERSHIP d/b/a/ VERIZON WIRELESS doing business as Verizon Wireless, New Cingular Wireless PCD LLC doing business as AT&T and New York SMSA Limited Partnership doing business as Verizon Wireless
Case Number: 7:2020cv09905
Filed: November 24, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2021 Opinion or Order Filing 31 ORDER granting #30 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)
January 20, 2021 Filing 30 LETTER MOTION for Leave to File Exhibit - CD containing audio recording addressed to Judge Vincent L. Briccetti from Carlotta Cassidy dated January 20, 2021. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Cassidy-Young, Carlotta)
January 15, 2021 Filing 29 DECLARATION of Robert D. Gaudioso in Opposition re: #20 MOTION to Remand ., #19 MOTION to Remand ., #18 MOTION to Remand .. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership. (Attachments: #1 Exhibit 1-A & 1-B, Complaints from Prior Actions, #2 Exhibit 2, Memorandum of Law in Support of Motion to Intervene, #3 Exhibit 3, Memorandum Opinion and Order, #4 Exhibit 4, Docket Sheet, #5 Exhibit 5, Audio Recording Filed in Tangible Form on CD with the Clerk's Office, #6 Exhibit 6, Minutes from January 21, 2020, #7 Exhibit 7, Stipulation of Settlement and Consent Order, #8 Exhibit 8, Building Permits, #9 Exhibit 9, Letter from USFWS, #10 Exhibit 10, Verified Complaint from 501477/2020, #11 Exhibit 11, Summons and Verified Complaint from 501481/2020, #12 Exhibit 12-A & 12-B, Orders to Show Cause, #13 Exhibit 13, Consolidation Stipulation, #14 Exhibit 14, Notice of Removal, #15 Exhibit 15, Complaint and Petition from 20-cv-8566).(Gaudioso, Robert)
January 15, 2021 Filing 28 FIRST MEMORANDUM OF LAW in Opposition re: #19 MOTION to Remand ., #20 MOTION to Remand ., #18 MOTION to Remand . . Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Gaudioso, Robert)
January 6, 2021 Filing 27 NOTICE OF APPEARANCE by Robert A. Weis on behalf of Melissa Gillmer..(Weis, Robert)
January 6, 2021 Filing 26 NOTICE OF APPEARANCE by Robert A. Weis on behalf of Jeff Rossi..(Weis, Robert)
December 31, 2020 Opinion or Order Filing 25 ORDER granting #24 Letter Motion for Extension of Time to File Response/Reply: Defendants opposition to the motion to remand is due on 1/15/2021; plaintiffs reply is due 1/29/2021. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
December 31, 2020 Filing 24 LETTER MOTION for Extension of Time to File Response/Reply to Motion for Remand addressed to Judge Vincent L. Briccetti from Carlotta Cassidy dated December 31, 2020. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership. (Attachments: #1 Text of Proposed Order Stipulation).(Gaudioso, Robert)
December 24, 2020 Filing 23 DECLARATION of Mark W. Blanchard in Support re: #18 MOTION to Remand .. Document filed by Courtney S. Tarpley, Richard O. Villella. (Attachments: #1 Stipulation of Settlement, #2 Summons and Complaint, #3 Affirmation in Support of TRO, #4 Signed TRO, #5 Mem of Law).(Blanchard, Mark)
December 24, 2020 Filing 22 MEMORANDUM OF LAW in Support re: #18 MOTION to Remand . . Document filed by Courtney S. Tarpley, Richard O. Villella..(Blanchard, Mark)
December 24, 2020 Filing 21 DECLARATION of Mark W. Blanchard in Opposition re: #20 MOTION to Remand .. Document filed by Courtney S. Tarpley, Richard O. Villella. (Attachments: #1 Stipulation of Settlement, #2 Summons and Complaint, #3 Affirmation in Support of TRO, #4 Signed TRO, #5 Mem of Law).(Blanchard, Mark)
December 24, 2020 Filing 20 MOTION to Remand . Document filed by Courtney S. Tarpley, Richard O. Villella. Return Date set for 1/29/2021 at 09:00 AM..(Blanchard, Mark)
December 24, 2020 Filing 19 MOTION to Remand . Document filed by Courtney S. Tarpley, Richard O. Villella. Return Date set for 1/29/2021 at 09:00 AM. (Attachments: #1 Stipulation of Settlement, #2 Summons and Complaint, #3 Affirmation in Support of TRO, #4 Signed TRO, #5 Mem of Law).(Blanchard, Mark)
December 24, 2020 Filing 18 MOTION to Remand . Document filed by Courtney S. Tarpley, Richard O. Villella. Return Date set for 1/29/2021 at 09:00 AM..(Blanchard, Mark)
December 18, 2020 Opinion or Order Filing 17 ORDER granting #16 Letter Motion for Extension of Time to Answer: Defendants' deadline to answer, move, or otherwise respond to the complaint is stayed pending the disposition of any motion to remand. In the event the Court denies the motion to remand, it will set deadlines by which plaintiffs shall file an amended complaint, if they so choose, and by which defendants shall answer, move, or otherwise respond to the operative complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl)
December 18, 2020 Filing 16 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Vincent L. Briccetti from Robert D. Gaudioso, Esq. dated December 18, 2020. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Gaudioso, Robert)
December 15, 2020 Opinion or Order Filing 15 ORDER denying #7 Letter Motion for Extension of Time: The TRO issued by the state court on 10/30/2020 shall remain in effect pending further order of this Court, and pending the disposition of plaintiffs' anticipated motion to remand this case to state court. (See plaintiffs' letter dated 12/14/2020, Doc. #12). In the event this Court denies the motion to remand, it will set a briefing schedule at that time regarding plaintiffs' motion for a preliminary injunction. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
December 14, 2020 Filing 14 NOTICE OF APPEARANCE by Mark E. Constantine on behalf of Douglas W. Logan..(Constantine, Mark)
December 14, 2020 Filing 13 NOTICE OF APPEARANCE by Michael Vincent Caruso on behalf of Michael I. Olshakoski, Rosemarie Olshakoski..(Caruso, Michael)
December 14, 2020 Filing 12 LETTER addressed to Judge Vincent L. Briccetti from Mark W. Blanchard, et., al.. dated 12-14-2020 re: Schedule. Document filed by Courtney S. Tarpley, Richard O. Villella..(Blanchard, Mark)
December 14, 2020 Filing 11 NOTICE OF APPEARANCE by Mark William Blanchard on behalf of Courtney S. Tarpley, Richard O. Villella..(Blanchard, Mark)
December 11, 2020 Filing 10 NOTICE OF APPEARANCE by Robert A. Weis on behalf of Melissa Gillmer..(Weis, Robert)
December 11, 2020 Filing 9 NOTICE OF APPEARANCE by Robert A. Weis on behalf of Jeff Rossi, Courtney S. Tarpley..(Weis, Robert)
December 10, 2020 Opinion or Order Filing 8 ORDER deferring ruling on #7 Letter Motion for Extension of Time: The Court declines to dissolve the state court temporary restraining order (TRO), which remains in effect. The TRO was issued on notice, and therefore the 14-day duration limit prescribed by Fed. R. Civ. P. 65(b)(2) does not apply. By 12/14/2020, plaintiffs' counsel shall submit a letter stating whether plaintiffs consent to the proposed scheduling order attached to defendants' letter. (Doc. #7-2). Plaintiffs shall also propose a deadline by which they will file and serve their amended complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl)
December 10, 2020 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. (wb)
December 10, 2020 NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case..(wb)
December 10, 2020 CASE ACCEPTED AS RELATED. Create association to 7:20-cv-08566-VB. Notice of Assignment to follow. (wb)
December 9, 2020 Filing 7 LETTER MOTION for Extension of Time to Briefing Schedule for Preliminary Injunction addressed to Judge Vincent L. Briccetti from Robert D. Gaudioso dated December 9, 2020. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership. (Attachments: #1 Exhibit 1 - Email Correspondence, #2 Text of Proposed Order Proposed Scheduling Order).(Gaudioso, Robert)
November 25, 2020 Filing 6 NOTICE OF REMOVAL from Supreme Court, County of Putnam. Case Number: 501477/2020..Document filed by New York SMSA Limited Partnership, Homeland Towers, LLC. (Attachments: #1 Exhibit A-1, Documents from 501477/2020, #2 Exhibit A-2, Documents from 501477/2020, #3 Exhibit A-3, Documents from 501477/2020, #4 Exhibit A-4, Documents from 501477/2020, #5 Exhibit B-1, Documents from 501481/2020, #6 Exhibit B-2, Documents from 501481/2020, #7 Exhibit B-3, Documents from 501481/2020, #8 Exhibit B-4, Documents from 501481/2020, #9 Exhibit C, Consolidation Stipulation, #10 Exhibit D, Stipulation of Settlement and Consent Order, #11 Exhibit E, Removal consent letter).(Gaudioso, Robert)
November 25, 2020 CASE REFERRED TO Judge Vincent L. Briccetti as possibly related to 1:20cv8566. (sj)
November 25, 2020 Case Designated ECF. (sj)
November 25, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)
November 25, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert Dominick Gaudioso to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): Pursuant to ECF Filing Rule 13.3, Notice of Removal exhibits must be filed as attachments and labeled. Each attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear. They cannot be labeled "Exhibit A, Exhibit B, etc.". Re-file the pleading using the event type Notice of Removal 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. (sj)
November 25, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Dominick Gaudioso. The following case opening statistical information was erroneously selected/entered: Cause of Action code (none). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331. (sj)
November 25, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Dominick Gaudioso. The party information for the following party/parties has been modified: New Cingular Wireless PCD LLC; New York SMSA Limited Partnership. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps. (sj)
November 25, 2020 Filing 5 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Cellco Partnership d/b/a Verizon Wireless, Other Affiliate Bell Atlantic Mobile Systems LLC, Other Affiliate GTE Wireless LLC, Other Affiliate BAMS Communications LLC, Other Affiliate Verizon Americas LLC for NEW YORK SMSA LIMITED PARTNERSHIP d/b/a/ VERIZON WIRELESS. Document filed by NEW YORK SMSA LIMITED PARTNERSHIP d/b/a/ VERIZON WIRELESS..(Cassidy-Young, Carlotta)
November 25, 2020 Filing 4 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Homeland Towers, LLC..(Cassidy-Young, Carlotta)
November 25, 2020 Filing 3 CIVIL COVER SHEET filed..(Cassidy-Young, Carlotta)
November 25, 2020 Filing 2 NOTICE OF APPEARANCE by Carlotta Cassidy-Young on behalf of Homeland Towers, LLC, NEW YORK SMSA LIMITED PARTNERSHIP d/b/a/ VERIZON WIRELESS..(Cassidy-Young, Carlotta)
November 24, 2020 Filing 1 FILING ERROR - EXHIBITS NOT CLEARLY TITLED NOTICE OF REMOVAL from Supreme Court, County of Putnam. Case Number: 501477/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-22733790).Document filed by NEW YORK SMSA LIMITED PARTNERSHIP d/b/a/ VERIZON WIRELESS, Homeland Towers, LLC. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit B-1, #6 Exhibit B-2, #7 Exhibit B-3, #8 Exhibit B-4, #9 Exhibit C, #10 Exhibit D, #11 Exhibit E).(Gaudioso, Robert) Modified on 11/25/2020 (sj).

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Search for this case: Villella et al v. Logan et al
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Plaintiff: Richard O. Villella
Represented By: Mark William Blanchard
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Plaintiff: Courtney S. Tarpley
Represented By: Mark William Blanchard
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Plaintiff: Michael I. Olshakoski
Represented By: Michael Vincent Caruso
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Plaintiff: Rosemarie Olshakoski
Represented By: Michael Vincent Caruso
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Plaintiff: Jeff Rossi
Represented By: Robert A. Weis
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Plaintiff: Melissa Gillmer
Represented By: Robert A. Weis
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Defendant: New Cingular Wireless PCD LLC d/b/a AT&T doing business as AT&T
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Defendant: Homeland Towers, LLC
Represented By: Robert Dominick Gaudioso
Represented By: Carlotta Cassidy-Young
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Defendant: Douglas W. Logan
Represented By: Mark E. Constantine
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Defendant: NEW YORK SMSA LIMITED PARTNERSHIP d/b/a/ VERIZON WIRELESS doing business as Verizon Wireless
Represented By: Robert Dominick Gaudioso
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Defendant: New Cingular Wireless PCD LLC doing business as AT&T
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Defendant: New York SMSA Limited Partnership doing business as Verizon Wireless
Represented By: Robert Dominick Gaudioso
Represented By: Carlotta Cassidy-Young
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