T-Mobile Northeast LLC v. Village of Chestnut Ridge et al
| T-Mobile Northeast LLC |
| Village of Chestnut Ridge, Village of Chestnut Ridge Board of Trustees, Village of Chestnut Ridge Planning Board, Village of Chestnut Ridge Zoning Board of Appeals and Alfred A. Fusco, Jr. |
| 7:2023cv05852 |
| July 7, 2023 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Other Statutory Actions |
| 47 U.S.C. § 332 (c) Federal Telecommunications Act of 1996 |
| None |
Docket Report
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time to Answer: All Defendants may have until 10/2/23 to respond to the Amended Complaint. No further extensions. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 25 FIRST LETTER MOTION for Extension of Time to File Answer re: #11 Summons Issued, #10 Summons Issued, #12 Summons Issued, #13 Summons Issued, #9 Summons Issued July 10, 2023 & 1st Suppl Compl., addressed to Judge Cathy Seibel from J. David MacCartney, Jr., Esq. dated August 30, 2023. Document filed by Village of Chestnut Ridge, Village of Chestnut Ridge Board of Trustees, Village of Chestnut Ridge Planning Board, Village of Chestnut Ridge Zoning Board of Appeals..(Feerick, Donald) |
| Filing 24 FIRST AMENDED COMPLAINT amending #1 Complaint, #23 Amended Complaint, against Alfred A. Fusco, Jr., Village of Chestnut Ridge, Village of Chestnut Ridge Board of Trustees, Village of Chestnut Ridge Planning Board, Village of Chestnut Ridge Zoning Board of Appeals.Document filed by T-Mobile Northeast LLC. Related document: #1 Complaint, #23 Amended Complaint,..(Kaufman, Jonathan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan D Kaufman to RE-FILE Document No. #23 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. 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. (pc) |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint, against All Defendants.Document filed by T-Mobile Northeast LLC. Related document: #1 Complaint,..(Kaufman, Jonathan) Modified on 8/7/2023 (pc). |
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Filing 22
STIPULATION TO SUPPLEMENT THE COMPLAINT AND EXTEND THE TIME FOR DEFENDANTS TO ANSWER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties that: 1. Defendants stipulate that Plaintiff properly served the Summons and Complaint upon each of the Defendants, and that Defendants will not file a pre-answer motion to dismiss based on improper or insufficient service of process or lack of personal jurisdiction; 2. Defendants do not oppose Plaintiff's request to supplement the Complaint to add allegations and/or claims pertaining to the ZBA's and Planning Board's denial of the Application; 3. Provided that the Court grants Plaintiff leave to supplement the Complaint, Defendants need not file an answer to Plaintiffs original Complaint, and Defendant shall answer or move against the First Supplemental Complaint, in accordance with Paragraph 1 above, within 30 days of Plaintiff's filing of its First Supplemental Complaint; and 4. If the Court denies Plaintiff leave to supplement the Complaint, Defendants shall answer or move against the Complaint, in accordance with Paragraph 1 above, within 30 days of the Court's denial of Plaintiff's motion for leave to supplement. Plaintiff may supplement the complaint by 8/17/23, and Defendants' response will be due 30 days after the First Supplemental Complaint is filed. The Clerk shall terminate ECF No. 21. SO ORDERED. Motions terminated: #21 JOINT LETTER MOTION for Leave to File Supplemental Complaint and to Extend the Time to Answer addressed to Judge Cathy Seibel from Robert D. Gaudioso dated July 31, 2023 filed by T-Mobile Northeast LLC. (Signed by Judge Cathy Seibel on 8/1/2023) (mml)
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| Filing 21 JOINT LETTER MOTION for Leave to File Supplemental Complaint and to Extend the Time to Answer addressed to Judge Cathy Seibel from Robert D. Gaudioso dated July 31, 2023. Document filed by T-Mobile Northeast LLC. (Attachments: #1 Exhibit Stipulation To Supplement the Complaint and Extend the Time to Answer).(Kaufman, Jonathan) |
| Filing 20 NOTICE OF APPEARANCE by Christopher Brandon Pavlacka on behalf of Alfred A. Fusco, Jr., Village of Chestnut Ridge, Village of Chestnut Ridge Board of Trustees, Village of Chestnut Ridge Planning Board, Village of Chestnut Ridge Zoning Board of Appeals..(Pavlacka, Christopher) |
| Filing 19 NOTICE OF APPEARANCE by Matthew William Lizotte on behalf of Alfred A. Fusco, Jr., Village of Chestnut Ridge, Village of Chestnut Ridge Board of Trustees, Village of Chestnut Ridge Planning Board, Village of Chestnut Ridge Zoning Board of Appeals..(Lizotte, Matthew) |
| Filing 18 NOTICE OF APPEARANCE by Alak Shah on behalf of Alfred A. Fusco, Jr., Village of Chestnut Ridge, Village of Chestnut Ridge Board of Trustees, Village of Chestnut Ridge Planning Board, Village of Chestnut Ridge Zoning Board of Appeals..(Shah, Alak) |
| Filing 17 NOTICE OF APPEARANCE by John David MacCartney, Jr on behalf of Alfred A. Fusco, Jr., Village of Chestnut Ridge, Village of Chestnut Ridge Board of Trustees, Village of Chestnut Ridge Planning Board, Village of Chestnut Ridge Zoning Board of Appeals..(MacCartney, John) |
| Filing 16 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent T-Mobile Global Holding GmbH, Corporate Parent T-Mobile USA, Inc., Corporate Parent T-Mobile Global Zwischenholding GmbH, Corporate Parent T-Mobile US, Inc., Corporate Parent Deutsche Telekom Holding B.V., Corporate Parent Deutsche Telekom AG, Other Affiliate SoftBank Group Corp., Other Affiliate Masayoshi Son, Other Affiliate Delaware Project 6 L.L.C. for T-Mobile Northeast LLC. Document filed by T-Mobile Northeast LLC..(Kaufman, Jonathan) |
| Filing 15 NOTICE OF APPEARANCE by Jonathan D Kaufman on behalf of T-Mobile Northeast LLC..(Kaufman, Jonathan) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint,. Alfred A. Fusco, Jr. served on 7/11/2023, answer due 8/1/2023; Village of Chestnut Ridge served on 7/11/2023, answer due 8/1/2023; Village of Chestnut Ridge Board of Trustees served on 7/11/2023, answer due 8/1/2023; Village of Chestnut Ridge Planning Board served on 7/11/2023, answer due 8/1/2023; Village of Chestnut Ridge Zoning Board of Appeals served on 7/11/2023, answer due 8/1/2023. Service was accepted by Florence Mandel, Village Clerk. Document filed by T-Mobile Northeast LLC..(Gaudioso, Robert) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Village of Chestnut Ridge..(jgo) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Village of Chestnut Ridge Zoning Board of Appeals..(jgo) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Village of Chestnut Ridge Planning Board..(jgo) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Village of Chestnut Ridge Board of Trustees..(jgo) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Alfred A. Fusco, Jr...(jgo) |
| 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..(jgo) |
| Magistrate Judge Victoria Reznik 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. (jgo) |
| ***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: County code Rockland;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent T-Mobile Global Holding GmbH, Corporate Parent T-Mobile USA, Inc., Corporate Parent T-Mobile Global Zwischenholding GmbH, Corporate Parent T-Mobile US, Inc., Corporate Parent Deutsche Telekom Holding B.V., Corporate Parent Deutsche Telekom AG, Other Affiliate SoftBank Group Corp., Other Affiliate Masayoshi Son, Other Affiliate Delaware Project 6 L.L.C. for T-Mobile Northeast LLC. Document filed by T-Mobile Northeast LLC..(Gaudioso, Robert) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Alfred A. Fusco, Jr., in his official capacity as Building Inspector, re: #1 Complaint,. Document filed by T-Mobile Northeast LLC..(Gaudioso, Robert) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Village of Chestnut Ridge Zoning Board of Appeals, re: #1 Complaint,. Document filed by T-Mobile Northeast LLC..(Gaudioso, Robert) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Village of Chestnut Ridge Planning Board, re: #1 Complaint,. Document filed by T-Mobile Northeast LLC..(Gaudioso, Robert) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Village of Chestnut Ridge Board of Trustees, re: #1 Complaint,. Document filed by T-Mobile Northeast LLC..(Gaudioso, Robert) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Village of Chestnut Ridge, re: #1 Complaint,. Document filed by T-Mobile Northeast LLC..(Gaudioso, Robert) |
| Filing 2 CIVIL COVER SHEET filed..(Gaudioso, Robert) |
| Filing 1 COMPLAINT against Alfred A. Fusco, Jr., Village of Chestnut Ridge, Village of Chestnut Ridge Board of Trustees, Village of Chestnut Ridge Planning Board, Village of Chestnut Ridge Zoning Board of Appeals. (Filing Fee $ 402.00, Receipt Number ANYSDC-27972599)Document filed by T-Mobile Northeast LLC..(Gaudioso, Robert) |
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