Up State Tower Co., LLC et al v. The Town of Amherst New York et al
Plaintiff: Buffalo-Lake Erie Wireless Systems Co., LLC and Up State Tower Co., LLC
Defendant: The Town of Amherst New York and Town of Amherst Zoning Board of Appeals
Case Number: 1:2020cv00987
Filed: July 29, 2020
Court: US District Court for the Western District of New York
Presiding Judge: William M Skretny
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2020 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)
September 24, 2020 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)
September 24, 2020 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)
September 24, 2020 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)
September 23, 2020 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)
September 23, 2020 Filing 12 NOTICE of Appearance by John Joseph Pelligra on behalf of All Plaintiffs (Pelligra, John)
September 16, 2020 Filing 11 Corporate Disclosure Statement by Buffalo-Lake Erie Wireless Systems Co., LLC, Up State Tower Co., LLC. (Auerbach, Corey)
September 11, 2020 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)
September 10, 2020 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)
September 9, 2020 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)
August 18, 2020 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)
August 18, 2020 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)
August 18, 2020 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)
August 10, 2020 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)
August 10, 2020 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)
July 30, 2020 Remark: Filing fee paid twice. Please refer to refund policy located on our website: www.nywd.uscourts.gov (JD)
July 30, 2020 Filing 3 Summons Issued as to The Town of Amherst New York, Town of Amherst Zoning Board of Appeals. (JD)
July 30, 2020 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)
July 30, 2020 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD)
July 30, 2020 Case Assigned to Hon. William M. Skretny. Notification to Chambers of on-line civil case opening. (JD)
July 29, 2020 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)
July 29, 2020 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)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Western District Court's Electronic Court Filings (ECF) System

Search for this case: Up State Tower Co., LLC et al v. The Town of Amherst New York et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Buffalo-Lake Erie Wireless Systems Co., LLC
Represented By: Corey A. Auerbach
Represented By: John Joseph Pelligra
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Up State Tower Co., LLC
Represented By: Corey A. Auerbach
Represented By: John Joseph Pelligra
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: The Town of Amherst New York
Represented By: Joanne A. Schultz
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Town of Amherst Zoning Board of Appeals
Represented By: Joanne A. Schultz
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?