Up State Tower Co., LLC, et al v. Town of Cheektowaga
| Buffalo-Lake Erie Wireless Systems Co., LLC and Up State Tower Co., LLC |
| Town of Cheektowaga, New York and Town of Cheektowaga |
| 1:2019cv00056 |
| January 9, 2019 |
| US District Court for the Western District of New York |
| Geoffrey Crawford |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2019. A more recent docket listing may be available from PACER.
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| Filing 11 REPLY to Response to Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR IMPROPER SERVICE/LACK OF PERSONAL JURISDICTION filed by Town of Cheektowaga. (Attachments: #1 Second Circuit Opinion, issued February 20, 2019, affirming the WDNY's decision in NRP Holdings, LLC v. City of Buffalo, 2017 WL 745860 (W.D.N.Y. Feb. 27, 2017), #2 Certificate of Service)(Malcomb, Charles) |
| Filing 10 MEMORANDUM in Opposition re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR IMPROPER SERVICE/LACK OF PERSONAL JURISDICTION filed by Buffalo-Lake Erie Wireless Systems Co., LLC, Up State Tower Co., LLC. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Bowling, Anne) |
| Filing 9 AFFIDAVIT of Service for Summons & Complaint for Town of Cheektowaga Town Supervisor served on Town of Cheektowaga Town Supervisor and Town Clerk on January 16, 2019, filed by Buffalo-Lake Erie Wireless Systems Co., LLC, Up State Tower Co., LLC. (Attachments: #1 Affidavit of Service of Summons & Complaint for Town of Cheektowaga Town Clerk)(Miller, Matthew) |
| Filing 8 Corporate Disclosure Statement by Buffalo-Lake Erie Wireless Systems Co., LLC, Up State Tower Co., LLC. (Miller, Matthew) |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD) |
| Set/Reset Deadlines: Responses due by 2/8/2019. Replies due by 2/22/2019. (KM) |
Filing 7
ORDER granting #6 MOTION for Extension of Time to File Response/Reply as to #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR IMPROPER SERVICE/LACK OF PERSONAL JURISDICTION to Extend Briefing Schedule on Defendant's Pre-Answer Motion to Dismiss. Time for response extended to February 8, 2019; time for reply extended to February 22, 2019. Signed by Hon. Geoffrey Crawford on 1/17/19. (JL)-CLERK TO FOLLOW UP-
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| Filing 6 Consent MOTION for Extension of Time to File Response/Reply as to #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR IMPROPER SERVICE/LACK OF PERSONAL JURISDICTION to Extend Briefing Schedule on Defendant's Pre-Answer Motion to Dismiss by Buffalo-Lake Erie Wireless Systems Co., LLC, Up State Tower Co., LLC. (Attachments: #1 Declaration of Matthew D. Miller in support of Plaintiffs' consent motion)(Miller, Matthew) |
| Filing 5 NOTICE of Appearance by Anne Katherine Bowling on behalf of Buffalo-Lake Erie Wireless Systems Co., LLC, Up State Tower Co., LLC (Bowling, Anne) |
| Filing 4 NOTICE of Appearance by Henry A. Zomerfeld on behalf of Town of Cheektowaga (Zomerfeld, Henry) |
| Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR IMPROPER SERVICE/LACK OF PERSONAL JURISDICTION by Town of Cheektowaga. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Declaration of Charles W. Malcomb in Support of Motion to Dismiss, #3 Exhibit A - Summons and Verified Complaint with Exhibits, #4 Exhibit B - Notice of Removal, #5 Exhibit C - Affidavits of Service, #6 Certificate of Service)(Malcomb, Charles) |
| Case assigned to Hon. Geoffrey Crawford. Notification to chambers of on-line civil opening. (KM) |
| 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. (KM) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(KM) |
| Filing 2 CERTIFICATE OF SERVICE by Town of Cheektowaga, New York re #1 Notice of Removal,, (Malcomb, Charles) |
| Filing 1 NOTICE OF REMOVAL by Town of Cheektowaga, New York from Supreme Court, Erie County, case number 819938/2018. (Filing fee $ 400 receipt number 0209-3328577), filed by Town of Cheektowaga, New York. (Attachments: #1 Exhibit 1 - Notice of Electronic Filing, Summons, Verified Complaint with Exhibits, and Affidavits of Service, #2 Exhibit 2 - Index of Documents filed in Supreme Court, Erie County pursuant to Local Rule 81, #3 Exhibit 3 - Incorporating Documents of Up State Tower Co., L.L.C., #4 Exhibit 4 - Incorporating Documents of Buffalo-Lake Erie Wireless Systems Co., L.L.C., #5 Civil Cover Sheet)(Malcomb, Charles) |
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