Up State Tower Co., LLC et al v. The Town of Amherst New York et al
| Buffalo-Lake Erie Wireless Systems Co., LLC and Up State Tower Co., LLC |
| The Town of Amherst New York and Town of Amherst Zoning Board of Appeals |
| 1:2020cv00987 |
| July 29, 2020 |
| US District Court for the Western District of New York |
| William M Skretny |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 16 TEXT ORDERThis Court has received plaintiff's #15 stipulation to extend time. This Court hereby APPROVES said stipulation, but advises the parties that any future request to extend a deadline set by this Court must be made by motion. Plaintiff's response is now due by October 2, 2020. Defendant's reply is now due by October 9, 2020. Oral argument will be scheduled by the Court, if necessary.SO ORDERED.Issued by William M. Skretny, United States District Judge on 9/25/2020. (JCM) |
| Filing 15 STIPULATION re #9 MOTION to Dismiss for Lack of Jurisdiction , #14 Letter, E-Filing Notification, #13 Letter Requesting Extension to File Response to Motion on Consent by Buffalo-Lake Erie Wireless Systems Co., LLC, Up State Tower Co., LLC. (Pelligra, John) |
| Filing 14 Letter filed by Buffalo-Lake Erie Wireless Systems Co., LLC, Up State Tower Co., LLC as to Town of Amherst Zoning Board of Appeals, The Town of Amherst New York Requesting Extension to File Response to Motion on Consent. (Pelligra, John) |
| E-Filing Notification: RE #13 Letter Requesting Extension to File Response to Motion on Consent. (Pelligra, John). This document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (BK) |
| Filing 13 Letter filed by Buffalo-Lake Erie Wireless Systems Co., LLC, Up State Tower Co., LLC as to Town of Amherst Zoning Board of Appeals, The Town of Amherst New York Requesting Extension to File Response to Motion on Consent. (Pelligra, John) |
| Filing 12 NOTICE of Appearance by John Joseph Pelligra on behalf of All Plaintiffs (Pelligra, John) |
| Filing 11 Corporate Disclosure Statement by Buffalo-Lake Erie Wireless Systems Co., LLC, Up State Tower Co., LLC. (Auerbach, Corey) |
| 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) |
| Filing 10 SCHEDULING NOTICE on Defendants' #9 Motion to Dismiss. Plaintiffs' response is due by 9/24/2020. Defendants' reply is due by 10/1/2020. Oral Argument will be scheduled by the Court, if necessary. (JCM) |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction by The Town of Amherst New York, Town of Amherst Zoning Board of Appeals. (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Certificate of Service)(Schultz, Joanne) |
| Filing 8 TEXT ORDER. The #7 Stipulation to extend the Defendants' time to answer, move or otherwise respond to the Plaintiffs' complaint, through and including September 9, 2020 is HEREBY APPROVED. SO ORDERED. Issued by William M. Skretny, United States District Judge on 8/18/2020.(JCM) |
| Filing 7 STIPULATION of Extension of Time to Answer, Move or Otherwise Respond by The Town of Amherst New York, Town of Amherst Zoning Board of Appeals. (Schultz, Joanne) |
| Filing 6 NOTICE of Appearance by Joanne A. Schultz on behalf of The Town of Amherst New York, Town of Amherst Zoning Board of Appeals (Schultz, Joanne) |
| Filing 5 SUMMONS Returned Executed by Up State Tower Co., LLC, Buffalo-Lake Erie Wireless Systems Co., LLC. Town of Amherst Zoning Board of Appeals served on 8/3/2020, answer due 8/24/2020. (Auerbach, Corey) |
| Filing 4 SUMMONS Returned Executed by Up State Tower Co., LLC, Buffalo-Lake Erie Wireless Systems Co., LLC. The Town of Amherst New York served on 8/3/2020, answer due 8/24/2020. (Auerbach, Corey) |
| Filing 3 Summons Issued as to The Town of Amherst New York, Town of Amherst Zoning Board of Appeals. (JD) |
| Case Assigned to Hon. William M. Skretny. Notification to Chambers of on-line civil case opening. (JD) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) |
| Remark: Filing fee paid twice. Please refer to refund policy located on our website: www.nywd.uscourts.gov (JD) |
| 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. (JD) |
| Filing 2 CONTINUATION OF EXHIBITS to #1 Complaint,, Civil Cover Sheet. (Attachments: #1 Summons-Town of Amherst, #2 Summons-Town of Amherst Zoning Board of Appeals)(Auerbach, Corey) |
| Filing 1 COMPLAINT against All Defendants $ 400 receipt number 0209-3920593, filed by Up State Tower Co., LLC, Buffalo-Lake Erie Wireless Systems Co., LLC. (Attachments: #1 Exhibit January 24, 2020 Application, #2 Exhibit February 14, 2020 Notice of Deficiency, #3 Exhibit February 21, 2020 Deficiency Response, #4 Exhibit February 25, 2020 Meeting Request, #5 Exhibit February 25, 2020 Response, #6 Exhibit March 3, 2020 Meeting Request, #7 Exhibit March 3, 2020 Response, #8 Exhibit May 8, 2020 Meeting Request, #9 Exhibit June 11, 2020 Meeting Request, #10 Exhibit June 18, 2020 Meeting Request, #11 Exhibit June 25, 2020 Correspondence, #12 Exhibit June 30, 2020 Town Attorney Letter)(Auerbach, Corey) |
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