Villella et al v. Logan et al
| Richard O. Villella, Courtney S. Tarpley, Michael I. Olshakoski, Rosemarie Olshakoski, Jeff Rossi and Melissa Gillmer |
| 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 |
| 7:2020cv09905 |
| November 24, 2020 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on September 7, 2021. A more recent docket listing may be available from PACER.
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Filing 34
FIRST REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Remand ., #20 MOTION to Remand ., #18 MOTION to Remand . . Document filed by Courtney S. Tarpley, Richard O. Villella..(Pelatti, Kristin)
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Filing 33
REPLY AFFIRMATION of Mark W. Blanchard in Support re: #20 MOTION to Remand ., #19 MOTION to Remand ., #18 MOTION to Remand .. Document filed by Courtney S. Tarpley, Richard O. Villella. (Attachments: #1 Exhibit Exhibit 1A & 1B Orders to Show Cause, #2 Exhibit Exhibit 2- Consent Order, #3 Exhibit Exhibit 3A & 3B- Complaints, #4 Exhibit Exhibit 4- Stipulation, #5 Exhibit Exhibit 5- Letter to Village of Nelsonville Nov 17, 2017, #6 Exhibit Exhibit 6- Letter to Village of Nelsonville Nov 27, 2017, #7 Exhibit Exhibit 7- Brief, #8 Exhibit Exhibit 8- Cascade Title Report, #9 Exhibit Exhibit 9- Memo of Law in Opposition to Motion to Intervene).(Pelatti, Kristin)
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Filing 32
NOTICE OF APPEARANCE by Kristin Rose Pelatti on behalf of Courtney S. Tarpley, Richard O. Villella..(Pelatti, Kristin)
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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)
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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)
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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)
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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)
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Filing 27
NOTICE OF APPEARANCE by Robert A. Weis on behalf of Melissa Gillmer..(Weis, Robert)
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Filing 26
NOTICE OF APPEARANCE by Robert A. Weis on behalf of Jeff Rossi..(Weis, Robert)
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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)
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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)
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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)
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Filing 22
MEMORANDUM OF LAW in Support re: #18 MOTION to Remand . . Document filed by Courtney S. Tarpley, Richard O. Villella..(Blanchard, Mark)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 14
NOTICE OF APPEARANCE by Mark E. Constantine on behalf of Douglas W. Logan..(Constantine, Mark)
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Filing 13
NOTICE OF APPEARANCE by Michael Vincent Caruso on behalf of Michael I. Olshakoski, Rosemarie Olshakoski..(Caruso, Michael)
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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)
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Filing 11
NOTICE OF APPEARANCE by Mark William Blanchard on behalf of Courtney S. Tarpley, Richard O. Villella..(Blanchard, Mark)
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Filing 10
NOTICE OF APPEARANCE by Robert A. Weis on behalf of Melissa Gillmer..(Weis, Robert)
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Filing 9
NOTICE OF APPEARANCE by Robert A. Weis on behalf of Jeff Rossi, Courtney S. Tarpley..(Weis, Robert)
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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)
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CASE ACCEPTED AS RELATED. Create association to 7:20-cv-08566-VB. Notice of Assignment to follow. (wb)
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NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case..(wb)
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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)
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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)
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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)
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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)
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Filing 4
FIRST 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 d/b/a/ VERIZON WIRELESS..(Cassidy-Young, Carlotta)
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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: 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)
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***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)
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CASE REFERRED TO Judge Vincent L. Briccetti as possibly related to 1:20cv8566. (sj)
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Case Designated ECF. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)
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***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)
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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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