Up State Tower Co., LLC et al v. Town of Tonawanda, New York et al
Plaintiff: Up State Tower Co., LLC and Buffalo-Lake Erie Wireless Systems Co., LLC
Defendant: Town Board of the Town of Tonawanda, New York, Town of Tonawanda, New York, Zoning Board of Appeals of the Town of Tonawanda, New York and Planning Board of the Town of Tonawanda, New York
Case Number: 1:2018cv00952
Filed: August 29, 2018
Court: US District Court for the Western District of New York
Presiding Judge: Michael J Roemer
Referring Judge: Lawrence J Vilardo
Nature of Suit: Other Statutory Actions
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2018 Opinion or Order Filing 9 ORDER OF PRELIMINARY PRETRIAL CONFERENCE. (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)Preliminary Pretrial Conference set for 11/26/2018 11:30 AM before Hon. Michael J. Roemer. Signed by Hon. Michael J. Roemer on 10/19/2018. (RAZ)
October 9, 2018 Filing 8 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/9/2018. (CMD)
October 5, 2018 Filing 7 ANSWER to Complaint by Planning Board of the Town of Tonawanda, New York, Town Board of the Town of Tonawanda, New York, Town of Tonawanda, New York, Zoning Board of Appeals of the Town of Tonawanda, New York.(Romanowski, Marc)
October 5, 2018 ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KLH)
September 10, 2018 Filing 6 SUMMONS Returned Executed by Up State Tower Co., LLC, Buffalo-Lake Erie Wireless Systems Co., LLC. Planning Board of the Town of Tonawanda, New York served on 8/31/2018, answer due 9/21/2018. (Devendorf, Jon)
September 10, 2018 Filing 5 SUMMONS Returned Executed by Up State Tower Co., LLC, Buffalo-Lake Erie Wireless Systems Co., LLC. Zoning Board of Appeals of the Town of Tonawanda, New York served on 8/31/2018, answer due 9/21/2018. (Devendorf, Jon)
September 10, 2018 Filing 4 SUMMONS Returned Executed by Up State Tower Co., LLC, Buffalo-Lake Erie Wireless Systems Co., LLC. Town Board of the Town of Tonawanda, New York served on 8/31/2018, answer due 9/21/2018. (Devendorf, Jon)
September 10, 2018 Filing 3 SUMMONS Returned Executed by Up State Tower Co., LLC, Buffalo-Lake Erie Wireless Systems Co., LLC. Town of Tonawanda, New York served on 8/31/2018, answer due 9/21/2018. (Devendorf, Jon)
August 30, 2018 Filing 2 Summons Issued as to Planning Board of the Town of Tonawanda, New York, Town Board of the Town of Tonawanda, New York, Town of Tonawanda, New York, Zoning Board of Appeals of the Town of Tonawanda, New York. (KLH)
August 30, 2018 Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of on-line civil opening. (KLH)
August 30, 2018 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (KLH)
August 30, 2018 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution. (KLH)
August 29, 2018 Filing 1 COMPLAINT and Request for Expedited Review Under 47 U.S.C. 332(c)(7)(B)(v) against All Defendants $ 400 receipt number 0209-3202973, filed by Up State Tower Co., LLC, Buffalo-Lake Erie Wireless Systems Co., LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons - Town of Tonawanda, NY, #3 Summons - Town Board of the Town of Tonawanda, NY, #4 Summons - Zoning Board of Appeals of the Town of Tonawanda, NY, #5 Summons - Planning Board of the Town of Tonawanda, NY)(Devendorf, Jon)

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Defendant: Town Board of the Town of Tonawanda, New York
Represented By: Marc A. Romanowski
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Defendant: Town of Tonawanda, New York
Represented By: Marc A. Romanowski
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Defendant: Zoning Board of Appeals of the Town of Tonawanda, New York
Represented By: Marc A. Romanowski
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Defendant: Planning Board of the Town of Tonawanda, New York
Represented By: Marc A. Romanowski
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Plaintiff: Up State Tower Co., LLC
Represented By: Jon P. Devendorf
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Plaintiff: Buffalo-Lake Erie Wireless Systems Co., LLC
Represented By: Jon P. Devendorf
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