This case was last updated from U.S. District Courts on 08/27/2019 at 07:04:07 (UTC).

Crown Castle NG East LLC v. The Town of Hempstead

Case Summary

On 06/28/2019 Crown Castle NG East LLC filed an Other lawsuit against The Town of Hempstead. This case was filed in U.S. District Courts, New York Eastern District. The Judges overseeing this case are Sandra J. Feuerstein and Arlene R. Lindsay. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-03797

  • Filing Date:

    06/28/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

Judge Details

Presiding Judge

Sandra J. Feuerstein

Referral Judge

Arlene R. Lindsay

 

Party Details

Plaintiff

Crown Castle NG East LLC

Defendant

The Town of Hempstead

Attorney/Law Firm Details

Plaintiff Attorneys

Robert D. Gaudioso

Attorney at Snyder & Snyder, LLP

94 White Plains Road

Tarrytown, NY 10591

Carlotta Cassidy-Young

Attorney at Snyder & Snyder, LLP

94 White Plains Rd

Tarrytown, NY 10591

Defendant Attorneys

Joseph E. Macy

Attorney at Berkman, Henoch, Peterson & Peddy, P.C.

100 Garden City Plaza

Garden City, NY 11530

Donna A. Napolitano

Attorney at Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

100 Garden City Plaza

Garden City, NY 11530

 

Court Documents

#18

(#18) Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay Status Conference held on 7/24/2019. A further telephone status conference is scheduled for August 27, 2019 at 2:00 p.m. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 at the scheduled time to access the call center. At the prompt enter access code 7625765. The TRO is continued. c/ecf (Imrie, Robert) (Entered: 07/29/2019)

17 #3

Exhibit Ex. C

17 #2

Exhibit Ex. B

17 #1

Exhibit Ex. A

#17

(#17) ANSWER to #1 Complaint, by The Town of Hempstead. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C) (Macy, Joseph) (Entered: 07/23/2019)

#16

(#16) Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Civil Cause for Initial Conference Hearing held on 7/18/2019. Counsel for Plaintiff: Carlotta Cassidy-Young and Robert Gandiosi present. Counsel for Defendant: Joseph Macy and Donna Napolitano present. Court Reporter: Mary Ann Steiger. Courtroom Deputy: ELR. Case called. OTHER: Plaintiffs Motion for Preliminary Injunction is respectfully referred to Magistrate Judge Lindsay for a Report and Recommendation. The TRO is extended pending the determination of the motion. A further status conference is scheduled before Judge Feuerstein on 10/23/2019 at 11:15 am. (Court Reporter Mary Ann Steiger.) (Coleman, Laurie) (Entered: 07/18/2019)

#15

(#15) AFFIDAVIT of Service for Memorandum of Law in Opposition to Plaintiff's Application for a Preliminary Injunction served on Robert D. Gaudioso, Esq. on July 16, 2019, filed by The Town of Hempstead. (Macy, Joseph) (Entered: 07/16/2019)

#14

(#14) AFFIDAVIT of Service for Declaration in Opposition to Plaintiff's Application for a Preliminary Injunction served on Robert D. Gaudioso, Esq. on July 16, 2019, filed by The Town of Hempstead. (Macy, Joseph) (Entered: 07/16/2019)

#13

(#13) MEMORANDUM in Opposition re #8 Emergency MOTION for Preliminary Injunction and Temporary Restraining Order filed by The Town of Hempstead. (Macy, Joseph) (Entered: 07/16/2019)

#7

(#7) ORDER TO SHOW CAUSE - It is ORDERED that the above-named defendant show cause by serving and filing a memorandum of law, affidavits and evidence in opposition to plaintiffs application, and delivering a courtesy copy to Chambers, on or before 7/17/2019 by 5PM, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure (a) enjoining the defendant during the pendency of this action from removing plaintiff's distributed antenna system nodes and related equipment from the public right-of-way; and it is further ORDERED upon the plaintiff's posting of security in the amount of $1,500.00m defendant is enjoined from removing plaintiff's distributed antenna system nodes and related equipment from the public right-of-way pending the hearing of plaintiff's application for a preliminary injunction; ORDERED that personal service of a copy of this order and the annexed declarations, Verified Amended Complaint, and Memorandum of Law in Support of Plaintiff's Application for a Temporary Restraining Order and Preliminary Injunction upon the defendant or its counsel on or before 5PM, 7/3/2019, shall be deemed good and sufficient service thereof; and it is further ORDERED that a telephone conference will be held before the undersigned on 7/18/2019 at 11:30AM. Plaintiff shall initiate the conference call and contact the Court at (631)712-5630 with all parties on the line. SO Ordered by Judge Sandra J. Feuerstein on 7/2/2019. (Tirado, Chelsea) (Entered: 07/02/2019)

#6

(#6) Summons Issued as to The Town of Hempstead. (Rodin, Deanna) (Entered: 07/02/2019)

#5

(#5) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) (Entered: 07/02/2019)

#4

(#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) (Entered: 07/02/2019)

#3

(#3) NOTICE of Appearance by Carlotta Cassidy-Young on behalf of Crown Castle NG East LLC (aty to be noticed) (Cassidy-Young, Carlotta) (Entered: 07/01/2019)

#2

(#2) Corporate Disclosure Statement by Crown Castle NG East LLC identifying Corporate Parent Crown Castle International Corp., Corporate Parent Crown Castle Solutions LLC, Other Affiliate Crown Castle Operating Company for Crown Castle NG East LLC. (Gaudioso, Robert) (Entered: 06/28/2019)

1 #2

Civil Cover Sheet

1 #1

Proposed Summons

#1

(#17) ANSWER to #1 Complaint, by The Town of Hempstead. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C) (Macy, Joseph) (Entered: 07/23/2019)

52 More Documents Available

 

Docket Entries

  • 07/24/2019
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  • (#18) Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay Status Conference held on 7/24/2019. A further telephone status conference is scheduled for August 27, 2019 at 2:00 p.m. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 at the scheduled time to access the call center. At the prompt enter access code 7625765. The TRO is continued. c/ecf (Imrie, Robert) (Entered: 07/29/2019)

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  • 07/23/2019
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  • (#17) ANSWER to #1 Complaint, by The Town of Hempstead. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C) (Macy, Joseph) (Entered: 07/23/2019)

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  • 07/18/2019
  • SCHEDULING ORDER: A Telephone Conference is scheduled for July 24, 2019 at 2:00 p.m. to discuss the motion for preliminary injunction. The Court will initiate the conference call. The parties are directed to dial (888) 278-0296 at the scheduled time to access the call center. At the prompt enter access code 9424335. Ordered by Magistrate Judge Arlene R. Lindsay on 7/18/2019. c/ecf (Imrie, Robert) (Entered: 07/18/2019)

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  • 07/18/2019
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  • (#16) Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Civil Cause for Initial Conference Hearing held on 7/18/2019. Counsel for Plaintiff: Carlotta Cassidy-Young and Robert Gandiosi present. Counsel for Defendant: Joseph Macy and Donna Napolitano present. Court Reporter: Mary Ann Steiger. Courtroom Deputy: ELR. Case called. OTHER: Plaintiffs Motion for Preliminary Injunction is respectfully referred to Magistrate Judge Lindsay for a Report and Recommendation. The TRO is extended pending the determination of the motion. A further status conference is scheduled before Judge Feuerstein on 10/23/2019 at 11:15 am. (Court Reporter Mary Ann Steiger.) (Coleman, Laurie) (Entered: 07/18/2019)

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  • 07/16/2019
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  • (#15) AFFIDAVIT of Service for Memorandum of Law in Opposition to Plaintiff's Application for a Preliminary Injunction served on Robert D. Gaudioso, Esq. on July 16, 2019, filed by The Town of Hempstead. (Macy, Joseph) (Entered: 07/16/2019)

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  • 07/16/2019
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  • (#14) AFFIDAVIT of Service for Declaration in Opposition to Plaintiff's Application for a Preliminary Injunction served on Robert D. Gaudioso, Esq. on July 16, 2019, filed by The Town of Hempstead. (Macy, Joseph) (Entered: 07/16/2019)

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  • 07/16/2019
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  • (#13) MEMORANDUM in Opposition re #8 Emergency MOTION for Preliminary Injunction and Temporary Restraining Order filed by The Town of Hempstead. (Macy, Joseph) (Entered: 07/16/2019)

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  • 07/16/2019
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  • (#12) AFFIDAVIT/DECLARATION in Opposition re #8 Emergency MOTION for Preliminary Injunction and Temporary Restraining Order filed by The Town of Hempstead. (Attachments: #1 Affidavit Kovit Affidavit, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C, #5 Exhibit Ex. D) (Macy, Joseph) (Entered: 07/16/2019)

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  • 07/03/2019
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  • (#11) SUMMONS Returned Executed by Crown Castle NG East LLC. The Town of Hempstead served on 7/3/2019, answer due 7/24/2019. (Gaudioso, Robert) (Entered: 07/03/2019)

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  • 07/03/2019
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  • (#10) NOTICE of Appearance by Donna A. Napolitano on behalf of The Town of Hempstead (aty to be noticed) (Napolitano, Donna) (Entered: 07/03/2019)

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  • 07/03/2019
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  • (#9) NOTICE of Appearance by Joseph E. Macy on behalf of The Town of Hempstead (aty to be noticed) (Macy, Joseph) (Entered: 07/03/2019)

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  • 07/02/2019
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  • (#8) Emergency MOTION for Preliminary Injunction and Temporary Restraining Order by Crown Castle NG East LLC. (Attachments: #1 Memorandum in Support of a Temporary Restraining Order and Preliminary Injunction, #2 Declaration of Rory Whelan, #3 Declaration of Robert D. Gaudioso, #4 Exhibit 1 to Gaudioso Declaration, #5 Exhibit 2 to Gaudioso Declaration, #6 Exhibit 3 to Gaudioso Declaration, #7 Exhibit 4 to Gaudioso Declaration, #8 Exhibit 5 to Gaudioso Declaration, #9 Declaration of Gregory Sharpe, #10 Exhibit 1 to Sharpe Declaration, #11 Exhibit 2 Map A, #12 Exhibit 2 Map B, #13 Exhibit 2 Map C, #14 Exhibit 2 Map D, #15 Exhibit 2 Map E, #16 Exhibit 3 Map A 700, #17 Exhibit 3 Map A 2100, #18 Exhibit 3 Map B 700, #19 Exhibit 3 Map B 2100, #20 Exhibit 3 Map C 700, #21 Exhibit 3 Map C 2100, #22 Exhibit 3 Map D 700, #23 Exhibit 3 Map D 2100, #24 Exhibit 3 Map E 700, #25 Exhibit 3 Map E 2100, #26 Exhibit 3 Map F 700, #27 Exhibit 3 Map F 2100, #28 Exhibit 4 Map A, #29 Exhibit 4 Map B, #30 Exhibit 4 Map C, #31 Exhibit 4 Map D, #32 Exhibit 4 Map E) (Gaudioso, Robert) (Entered: 07/02/2019)

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  • 07/02/2019
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  • (#7) ORDER TO SHOW CAUSE - It is ORDERED that the above-named defendant show cause by serving and filing a memorandum of law, affidavits and evidence in opposition to plaintiffs application, and delivering a courtesy copy to Chambers, on or before 7/17/2019 by 5PM, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure (a) enjoining the defendant during the pendency of this action from removing plaintiff's distributed antenna system nodes and related equipment from the public right-of-way; and it is further ORDERED upon the plaintiff's posting of security in the amount of $1,500.00m defendant is enjoined from removing plaintiff's distributed antenna system nodes and related equipment from the public right-of-way pending the hearing of plaintiff's application for a preliminary injunction; ORDERED that personal service of a copy of this order and the annexed declarations, Verified Amended Complaint, and Memorandum of Law in Support of Plaintiff's Application for a Temporary Restraining Order and Preliminary Injunction upon the defendant or its counsel on or before 5PM, 7/3/2019, shall be deemed good and sufficient service thereof; and it is further ORDERED that a telephone conference will be held before the undersigned on 7/18/2019 at 11:30AM. Plaintiff shall initiate the conference call and contact the Court at (631)712-5630 with all parties on the line. SO Ordered by Judge Sandra J. Feuerstein on 7/2/2019. (Tirado, Chelsea) (Entered: 07/02/2019)

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  • 07/02/2019
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  • (#6) Summons Issued as to The Town of Hempstead. (Rodin, Deanna) (Entered: 07/02/2019)

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  • 07/02/2019
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  • (#5) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) (Entered: 07/02/2019)

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  • 07/02/2019
  • Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) (Entered: 07/02/2019)

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  • 07/02/2019
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  • (#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) (Entered: 07/02/2019)

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  • 07/01/2019
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  • (#3) NOTICE of Appearance by Carlotta Cassidy-Young on behalf of Crown Castle NG East LLC (aty to be noticed) (Cassidy-Young, Carlotta) (Entered: 07/01/2019)

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  • 06/28/2019
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  • (#2) Corporate Disclosure Statement by Crown Castle NG East LLC identifying Corporate Parent Crown Castle International Corp., Corporate Parent Crown Castle Solutions LLC, Other Affiliate Crown Castle Operating Company for Crown Castle NG East LLC. (Gaudioso, Robert) (Entered: 06/28/2019)

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  • 06/28/2019
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  • (#1) COMPLAINT VERIFIED against The Town of Hempstead filing fee $ 400, receipt number ANYEDC-11621522 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Crown Castle NG East LLC. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Gaudioso, Robert) (Entered: 06/28/2019)

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