Summer Crest LLC et al v. Town of Monroe
| 123 Lakes Rd LLC, Summer Crest LLC, 18 Sergio Lane LLC, Sergio Lane LLC, 9 Lake Region Blvd LLC, 111 Lake Region Blvd LLC, 127 Lakes Rd LLC and Pamela Lee |
| Town of Monroe |
| 7:2023cv06048 |
| July 13, 2023 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| Plaintiff |
Docket Report
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Filing 23
STIPULATION FOR STANDSTILL AGREEMENT ON ENFORCEMENT OF LOCAL LAW NO. 3 AGAINST THE PLAINTIFFS AND THEIR TENANTS DURING THE PENDENCY OF THIS LAWSUIT NOW, THEREFORE, IT IS HEREBY AGREED AND STIPULATED, by and between the Plaintiffs and the Defendant as follows: Plaintiffs agree to withdraw, and hereby do withdraw, their Proposed Order to Show Cause for a Preliminary Injunction filed in this action. This stipulation contains the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between the parties relating thereto. IN WITNESS WHEREOF, the parties have executed this Stipulation as of the last date written below. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 10/26/2023) (jca)
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| Filing 22 PROPOSED STIPULATION AND ORDER. Document filed by Town of Monroe..(Gaba, Stephen) |
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Filing 21
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This Civil Case Discovery Plan and Scheduling Order is adopted after consultation with counsel and any unrepresented parties, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Non-expert depositions shall be completed by February 22, 2024. Motions due by 11/24/2023. Deposition due by 4/8/2024. Fact Discovery due by 2/22/2024. Expert Discovery due by 4/8/2024. Discovery due by 4/8/2024. Case Management Conference set for 6/5/2024 at 11:00 AM before Judge Philip M. Halpern. (And as further set forth herein.) SO ORDERED. (Signed by Judge Philip M. Halpern on 10/25/2023) (jca)
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| Initial Pretrial Conference held on 10/25/2023. Counsel for all parties appeared by telephone. At the conference and after discussion with the Court, Plaintiff withdrew its request for permission to move for a preliminary injunction (Doc 11). The Stipulation and Order contemplated by the Parties concerning enforcement of the local law at issue shall be filed by October 26, 2023 at 5:00 p.m. The Civil Case Discovery Plan and Scheduling Order will be docketed separately. (Court Reporter AT&T Teleconference) (mf) |
| Filing 20 CERTIFICATE OF SERVICE of Answer to Amended Complaint served on Levin Law Group on October 12, 2023. Service was made by ECF and Mail. Document filed by Town of Monroe..(Gaba, Stephen) |
| Filing 19 ANSWER to #10 Amended Complaint,. Document filed by Town of Monroe..(Gaba, Stephen) |
| Filing 18 CERTIFICATE OF SERVICE of Notice of Appearance served on Levin Law Group on October 4, 2023. Document filed by Town of Monroe..(Gaba, Stephen) |
| Filing 17 NOTICE OF APPEARANCE by Stephen Joseph Gaba on behalf of Town of Monroe..(Gaba, Stephen) |
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Filing 16
MEMO ENDORSEMENT on re: #15 Letter filed by Town of Monroe ENDORSEMENT Application granted. The pre-motion conference scheduled for September 28, 2023 is adjourned to October 25, 2023 at 11:30 a.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. The Clerk of Court is respectfully requested to terminate the motion sequence pending at Doc. 15. SO ORDERED. (Telephone Conference set for 10/25/2023 at 11:30 AM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 9/27/2023) (jca)
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| Filing 15 LETTER addressed to Judge Philip M. Halpern from Adam L. Rodd, Esq. dated September 27, 2023 re: requesting a brief adjournment of the telephone conference. Document filed by Town of Monroe..(Rodd, Adam) |
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Filing 14
ORDER granting #13 Letter Motion for Conference re: #13 FIRST LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Yevgeny Levin dated September 20, 2023. Application granted. A pre-motion conference regarding Plaintiffs' request for a preliminary injunction is scheduled for September 28, 2023 at 3:30 p.m. At the time of the scheduled conference, all parties shall call the following number: (888) 398-2342; access code 3456831. The Clerk of Court is respectfully requested to terminate the motion sequence pending at Doc. 13. SO ORDERED. Telephone Conference set for 9/28/2023 at 03:30 PM before Judge Philip M. Halpern. (Signed by Judge Philip M. Halpern on 9/22/2023) (jca)
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| Filing 13 FIRST LETTER MOTION for Conference addressed to Judge Philip M. Halpern from Yevgeny Levin dated September 20, 2023. Document filed by 111 Lake Region Blvd LLC, 127 Lakes Rd LLC, 18 Sergio Lane LLC, 9 Lake Region Blvd LLC, Pamela Lee, Sergio Lane LLC, Summer Crest LLC. (Attachments: #1 Proposed Order Proposed OTC, #2 Affidavit Affidavit in Support of Injunction, #3 Affidavit Memorandum of Law in Support of Injunction, #4 Exhibit Exhibit 1 to Memo, #5 Exhibit Exhibit 2 to Memo, #6 Exhibit Exhibit 3 to Memo).(Levin, Yevgeny) |
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Filing 12
ORDER denying without prejudice to renewal #11 Motion for Preliminary Injunction. Plaintiffs' motion for preliminary injunction filed on September 5, 2023 (Doc. 11) is denied without prejudice to renewal in accordance with the Courts Individual Practices Rules 2(C) and 4(F). The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 11. SO ORDERED. (Signed by Judge Philip M. Halpern on 9/6/2023) (jca)
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| Filing 11 FIRST MOTION for Preliminary Injunction . Document filed by 111 Lake Region Blvd LLC, 127 Lakes Rd LLC, 18 Sergio Lane LLC, 9 Lake Region Blvd LLC, Pamela Lee, Sergio Lane LLC, Summer Crest LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C).(Levin, Yevgeny) |
| Filing 10 FIRST AMENDED COMPLAINT amending #9 Amended Complaint, against Town of Monroe with JURY DEMAND.Document filed by 9 Lake Region Blvd LLC, Summer Crest LLC, 111 Lake Region Blvd LLC, Pamela Lee, 127 Lakes Rd LLC, 18 Sergio Lane LLC, Sergio Lane LLC. Related document: #9 Amended Complaint,. (Attachments: #1 Exhibit Exhibit A).(Levin, Yevgeny) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Yevgeny Levin to RE-FILE Document No. #9 Amended Complaint. The filing is deficient for the following reason(s): the All Plaintiff radio button was selected; the wrong party/parties whom the pleading is against were 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. (sj) |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #2 Complaint against All Plaintiffs with JURY DEMAND.Document filed by 111 Lake Region Blvd LLC. Related document: #2 Complaint. (Attachments: #1 Exhibit Exhibit A).(Levin, Yevgeny) Modified on 9/1/2023 (sj). |
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Filing 8
MEMO ENDORSEMENT on re: #7 Letter filed by Town of Monroe. ENDORSEMENT Application granted on consent of the parties. SO ORDERED. (Amended Pleadings due by 8/31/2023.) (Signed by Judge Philip M. Halpern on 8/18/2023) (jca)
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| Filing 7 LETTER addressed to Judge Philip M. Halpern from Adam L. Rodd, Esq. dated August 17, 2023 re: Enclosing Stipulation Extending Time to Amend and Answer signed by all parties. Document filed by Town of Monroe..(Rodd, Adam) |
| Filing 6 CERTIFICATE OF SERVICE of Notice of Appearance served on Levin Law Group on August 11, 2023. Document filed by Town of Monroe..(Rodd, Adam) |
| Filing 5 NOTICE OF APPEARANCE by Adam Rodd on behalf of Town of Monroe..(Rodd, Adam) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Town of Monroe..(jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Town of Monroe, re: #2 Complaint. Document filed by 111 Lake Region Blvd LLC, 127 Lakes Rd LLC, 18 Sergio Lane LLC, 9 Lake Region Blvd LLC, Pamela Lee, Sergio Lane LLC, Summer Crest LLC..(Levin, Yevgeny) |
| Filing 2 COMPLAINT against Town of Monroe. Document filed by 9 Lake Region Blvd LLC, Summer Crest LLC, 111 Lake Region Blvd LLC, Pamela Lee, 127 Lakes Rd LLC, 18 Sergio Lane LLC, Sergio Lane LLC. (Attachments: #1 Exhibit Exhibit A).(Levin, Yevgeny) |
| Magistrate Judge Judith C. McCarthy is so redesignated. (sgz) |
| NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge John P. Cronan is no longer assigned to the case. (sgz) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Yevgeny Levin. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Yevgeny Levin to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Sarah Netburn 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 REMOVAL OF PARTY. Notice to attorney Yevgeny Levin. The following party/parties has been removed from this case: 123 Lakes Rd LLC. The party was added to the case in error. (jgo) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Pamela Lee. (Filing Fee $ 402.00, Receipt Number ANYSDC-27998557)Document filed by Pamela Lee. (Attachments: #1 Exhibit Exhibit A).(Levin, Yevgeny) Modified on 7/14/2023 (jgo). |
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