Eisenbach et al v. Village of Nelsonville et al

Docket(#63) MEMORANDUM OF LAW in Opposition re: #42 MOTION to Dismiss . . Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Olshakoski, Rosemarie Olshakoski, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young..(Caruso, Michael) (Entered: 03/29/2021)

Docket(#62) DECLARATION of Michael V. Caruso in Opposition re: #42 MOTION to Dismiss .. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Olshakoski, Rosemarie Olshakoski, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young. (Attachments: #1 Exhibit Ex. A - Villella complaint, #2 Exhibit Ex. B - Rossi and Gillmer complaint, #3 Exhibit Ex. C - Ctr. Biological Diversity Order).(Caruso, Michael) (Entered: 03/29/2021)

Docket(#61) DECLARATION of George Eisenbach in Opposition re: #42 MOTION to Dismiss .. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Olshakoski, Rosemarie Olshakoski, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young. (Attachments: #1 Exhibit Ex. A - May 30, 2018 joint meeting minutes, #2 Exhibit Ex. B - letter re. road and fire concerns).(Caruso, Michael) (Entered: 03/29/2021)

Docket(#60) AFFIRMATION of David Eisenbach in Opposition re: #42 MOTION to Dismiss .. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Olshakoski, Rosemarie Olshakoski, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young. (Attachments: #1 Exhibit Ex. A - email to Village, #2 Exhibit Ex. B - Highlands Current article 1.24.2020, #3 Exhibit Ex. C - H.Akselrad email to Village, #4 Exhibit Ex. D - E.Nagel email to Village, #5 Exhibit Ex. E - J.Biafore email to Village, #6 Exhibit Ex. F - March, 2020 drawings, #7 Exhibit Ex. G - HC article 4.10.2020, #8 Exhibit Ex. H - Bujarski rejection letter 3.26.2020, #9 Exhibit Ex. I - Homeland response letter 5.28.2020, #10 Exhibit Ex. J - Fire Dept Letter).(Caruso, Michael) (Entered: 03/29/2021)

Docket(#59) ORDER denying #45 Motion for TRO. For the reasons stated on the record at a hearing today conducted by telephone conference and attended by counsel for all parties, plaintiffs' motion, pursuant to Fed. R. Civ. P. 65, for a preliminary injunction and temporary restraining order is DENIED. The Clerk is instructed to terminate the motion. (Doc. #45). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/25/2021) (mml) (Entered: 03/25/2021)

DocketMinute Entry for proceedings held before Judge Vincent L. Briccetti: Show Cause Hearing held on 3/25/2021. (Court Reporter Angela O'Donnell) Order to follow.(dh) (Entered: 03/25/2021)

Docket(#58) ORDER granting in part and denying in part #51 Letter Motion for Leave to File Document: Plaintiffs' request for leave to file a reply to defendants' opposition is DENIED. The Court would welcome Mr. Blanchard and Mr. Weis's participation in the hearing scheduled for Thursday, 3/25/2021 at 2:30 p.m. to discuss issues related to the State Court actions, which have, in fact, been removed to this Court and in which a motion to remand is pending. See Villella v. Logan, 20cv9905. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl) (Entered: 03/23/2021)

Docket(#57) DECLARATION of Robert D. Gaudioso in Opposition re: #45 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28).(Gaudioso, Robert) (Entered: 03/23/2021)

Docket(#56) MEMORANDUM OF LAW in Opposition re: #45 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by New Cingular Wireless PCD LLC. (Attachments: #1 Affidavit of Joseph D'Alto).(Joseph, Andrew) (Entered: 03/23/2021)

Docket(#55) AFFIDAVIT of John D'Alto in Opposition re: #45 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Homeland Towers, LLC, New York SMSA Limited Partnership..(Gaudioso, Robert) (Entered: 03/23/2021)

Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Village of Nelsonville, Village of Nelsonville Zoning Board of Appeals, Village of Nelsonville Planning Board, William Bujarski, as Building Inspector of the Village of Nelsonville, Homeland Towers, LLC, New York SMSA Limited Partnership d/b/a Verizon Wireless, and New Cingular Wireless PCD LLC d/b/a AT&T, re: #1 Complaint,,,. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young..(Caruso, Michael) (Entered: 10/20/2020)

Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael Vincent Caruso to RE-FILE Document No. #3 Request for Issuance of Summons,,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Create one summons form and use a rider to list each party and their addresses;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) (Entered: 10/19/2020)

Docket(#3) FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ILLAGE OF NELSONVILLE, VILLAGE OF NELSONVILLE ZONING BOARD OF APPEALS, VILLAGE OF NELSONVILLE PLANNING BOARD, WILLIAM BUJARSKI, as Building Inspector of the Village of Nelsonville, HOMELAND TOWERS, LLC, NEW YORK SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS, NEW CINGULAR WIRELESS PCD LLC d/b/a AT&T, re: #1 Complaint,,,. Document filed by Dana Carini, Anne Champlin, Jonathan D. Champlin, Raymond H. Champlin, Julien Davies, David Eisenbach, George H. Eisenbach, Joanne Eisenbach, Lauralee Holmbo, Cynthia King, Kenneth Levine, Jo Mango, Michael Orshakoski, Rosemarie Orshakoski, Catherine Polera, Hope Rogers, Phil Weiss, Jennifer Young..(Caruso, Michael) Modified on 10/19/2020 (pc). (Entered: 10/16/2020)

DocketCase Designated ECF. (gp) (Entered: 10/15/2020)

DocketMagistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp) (Entered: 10/15/2020)

DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp) (Entered: 10/15/2020)

Docket***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Caruso. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 893 (Environmental Matters);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 890 (Other Statutory Actions);. (gp) (Entered: 10/15/2020)

Docket***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Caruso. The party information for the following party/parties has been modified: New York SMSA Limited Partnership. The information for the party/parties has been modified for the following reason/reasons: alias party name was entered in all caps. Party text was omitted for William Bujarski. (gp) (Entered: 10/15/2020)

Docket(#2) CIVIL COVER SHEET filed..(Caruso, Michael) (Entered: 10/14/2020)

Docket(#1) COMPLAINT against William Bujarski, Homeland Towers, LLC, NEW YORK SMSA LIMITED PARTNERSHIP d/b/a/ VERIZON WIRELESS, New Cingular Wireless PCD LLC d/b/a AT&T, Village of Nelsonville, Village of Nelsonville Planning Board, Village of Nelsonville Zoning Board of Appeals. (Filing Fee $ 400.00, Receipt Number ANYSDC-22133512)Document filed by Kenneth Levine, Michael Orshakoski, Jo Mango, George H. Eisenbach, David Eisenbach, Lauralee Holmbo, Julien Davies, Cynthia King, Rosemarie Orshakoski, Joanne Eisenbach, Anne Champlin, Catherine Polera, Hope Rogers, Phil Weiss, Jonathan D. Champlin, Jennifer Young, Raymond H. Champlin, Dana Carini. (Attachments: #1 Exhibit Complaint in DJ Action, #2 Exhibit Consent Order, #3 Tower Construction Drawings).(Caruso, Michael) (Entered: 10/14/2020)