This case was last updated from U.S. District Courts on 02/07/2023 at 01:20:20 (UTC).

OurBus, Inc. v. City of Ithaca, New York

Case Summary

On 03/21/2019 OurBus, Inc filed a Civil Right - State Statute Constitutionality lawsuit against City of Ithaca, New York. This case was filed in U.S. District Courts, New York Northern District Court. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:19-CV-00356

  • Filing Date:

    03/21/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - State Statute Constitutionality

 

Party Details

Plaintiff

OurBus, Inc.

Defendants

City of Ithaca, New York

Joann Cornish

Jennifer Kusznir

Eric Hathaway

Svante Myrick

Krin Flaherty

Aaron O. Levine

Common Council of the City of Ithaca

Attorney/Law Firm Details

Plaintiff Attorneys

James P. Lagios

Attorney at Rivkin Radler LLP

9 Thurlow Terrace

Albany, NY 12203

Mark J. Wagner, Jr.

Attorney at Rivkin Radler LLP

9 Thurlow Terrace

Albany, NY 12203

Lawrence F Hughes

Attorney at Law Office of Lawrence F. Hughes

42-65 Kissena Blvd., Suite 609

Flushing, NY 11355-3267

Steven A Diaz

Attorney at Law Office of Steven A. Diaz

2200 Pennsylvania Avenue, Nw, Fourth Floor - East Tower

Washington, DC 20037

Defendant Attorneys

Edward J. Smith, III

Attorney at Smith, Sovik, Kendrick & Sugnet, P.C. - Syracuse Office

250 South Clinton Street, Suite 600

Syracuse, NY 13202-1252

David M. Katz

Attorney at Smith, Sovik, Kendrick & Sugnet, P.C. - Syracuse Office

250 South Clinton Street, Suite 600

Syracuse, NY 13202-1252

Karen G. Felter

Attorney at Smith, Sovik, Kendrick & Sugnet, P.C. - Syracuse Office

250 South Clinton Street, Suite 600

Syracuse, NY 13202-1252

 

Court Documents

70 #1

Supplemental Notice of Filing Proof of Service

61 #4

Summons

61 #1

Summons

59 #4

Proposed Summons of Jennifer Kusznir

59 #3

Proposed Summons of Joann Cornish

#59

(#68) AFFIDAVITS OF SERVICE filed by OurBus, Inc. re #61 Summonses and #59 Amended Complaint as to defendants Aaron O. Levine, Krin Flaherty, Joann Cornish, Jennifer Kusznir, Eric Hathaway, Common Council of the City of Ithaca, and Svante Myrick. (Attachments: #1 Notice of Filing Proof of Service, #2 Notice of Filing Proof of Service, #3 Notice of Filing Proof of Service, #4 Notice of Filing Proof of Service, #5 Notice of Filing Proof of Serivce, #6 Notice of Filing Proof of Service)(Lagios, James) Modified on 6/11/2019 to change from a notice to an Affidavit of Service (sal ). (Entered: 06/11/2019)

2 #13

Proposed Order/Judgment

2 #11

Exhibit(s) J

2 #9

Exhibit(s) H

2 #7

Exhibit(s) F

2 #6

Exhibit(s) E

2 #3

Exhibit(s) B

2 #1

Declaration of Axel Hellman

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against City of Ithaca, New York (Filing fee $400 receipt number 4687937) filed by OurBus, Inc.. (Attachments: #1 Civil Cover Sheet)(jdp, ) (Entered: 03/22/2019)

#73

#72

#71

157 More Documents Available

 

Docket Entries

  • 07/15/2019
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  • Docket(#73) STIPULATION of Dismissal with Prejudice by City of Ithaca, New York, Common Council of the City of Ithaca, Joann Cornish, Krin Flaherty, Eric Hathaway, Jennifer Kusznir, Aaron O. Levine, Svante Myrick submitted to Judge Peebles. (Smith, Edward) (Entered: 07/15/2019)

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  • 07/10/2019
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  • Docket(#72) AFFIDAVIT of Service for Amended Summons and Complaint served on Common Council of the City of Ithaca on 6/27/19, filed by OurBus, Inc.. (Lagios, James) (Entered: 07/10/2019)

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  • 06/28/2019
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  • Docket(#71) DECISION AND ORDER that plaintiff's motion for a temporary restraining order and preliminary injunction (Dkt. No #2 ) is DENIED. Signed by Magistrate Judge David E. Peebles on 6/28/2019. (sal ) (Entered: 06/28/2019)

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  • 06/17/2019
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  • Docket(#70) NOTICE by OurBus, Inc. re #61 Summons Issued, #59 Amended Complaint, (Attachments: #1 Supplemental Notice of Filing Proof of Service, #2 Supplemental Notice of Filing Proof of Service, #3 Supplemental Notice of Filing Proof of Service)(Lagios, James) (Entered: 06/17/2019)

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  • 06/14/2019
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  • Docket(#69) Defendants' ANSWER to #59 Amended Complaint, by City of Ithaca, New York, Common Council of the City of Ithaca, Joann Cornish, Krin Flaherty, Eric Hathaway, Jennifer Kusznir, Aaron O. Levine, Svante Myrick.(Felter, Karen) (Entered: 06/14/2019)

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  • 06/11/2019
  • Docket***Answer due date updated for Common Council of the City of Ithaca answer due 6/26/2019; Joann Cornish answer due 6/26/2019; Krin Flaherty answer due 6/26/2019; Eric Hathaway answer due 6/26/2019; Jennifer Kusznir answer due 6/26/2019; Aaron O. Levine answer due 6/26/2019; Svante Myrick answer due 6/26/2019. (sal ) (Entered: 06/11/2019)

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  • 06/11/2019
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  • Docket(#68) AFFIDAVITS OF SERVICE filed by OurBus, Inc. re #61 Summonses and #59 Amended Complaint as to defendants Aaron O. Levine, Krin Flaherty, Joann Cornish, Jennifer Kusznir, Eric Hathaway, Common Council of the City of Ithaca, and Svante Myrick. (Attachments: #1 Notice of Filing Proof of Service, #2 Notice of Filing Proof of Service, #3 Notice of Filing Proof of Service, #4 Notice of Filing Proof of Service, #5 Notice of Filing Proof of Serivce, #6 Notice of Filing Proof of Service)(Lagios, James) Modified on 6/11/2019 to change from a notice to an Affidavit of Service (sal ). (Entered: 06/11/2019)

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  • 05/28/2019
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  • Docket(#67) CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge David E. Peebles. Signed by Senior Judge Thomas J. McAvoy on 5/28/2019) (amt) (Entered: 05/28/2019)

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  • 05/24/2019
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  • Docket(#66) Proposed Findings of Fact and Conclusions of Law by City of Ithaca, New York. (Felter, Karen) (Entered: 05/24/2019)

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  • 05/24/2019
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  • Docket(#65) Proposed Findings of Fact and Conclusions of Law by OurBus, Inc.. (Lagios, James) (Entered: 05/24/2019)

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61 More Docket Entries
  • 03/27/2019
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  • Docket(#10) CERTIFICATE OF SERVICE by OurBus, Inc. re #9 Order Setting Hearing on Motion, Terminate Motions (Lagios, James) (Entered: 03/27/2019)

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  • 03/26/2019
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  • Docket(#9) STIPULATION & ORDER granting #8 Letter Motion. Response to Motion due by 4:00 p.m. on 5/1/2019. Signed by Senior Judge Thomas J. McAvoy on 3/26/2019. (copy mailed to Attorney Lavine via regular mail on 3/26/2019) (jdp, ) (Entered: 03/26/2019)

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  • 03/26/2019
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  • Docket(#8) Letter Motion from James P. Lagios for OurBus, Inc. requesting Extension submitted to Judge Thomas J. McAvoy . (Attachments: #1 Stipulation and Order to be So Order)(Lagios, James) (Entered: 03/26/2019)

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  • 03/22/2019
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  • Docket(#7) CERTIFICATE OF SERVICE by OurBus, Inc. re #6 Order Setting Hearing on Motion, (Lagios, James) (Entered: 03/22/2019)

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  • 03/22/2019
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  • Docket(#6) ORDER TO SHOW CAUSE: Ordered that Defendant shall file an answer to the allegations in the Plaintiff's #2 Motion for a Temporary Restraining Order and Preliminary Injunction by 4 p.m. on March 26, 2019. Ordered that Plaintiff shall serve a copy of this Order and Plaintiff's #2 Motion for a Preliminary Injunction by 5 p.m. on March 22, 2019. Plaintiff shall provide proof of service. Signed by Senior Judge Thomas J. McAvoy on 3/22/2019. (jdp, ) (Entered: 03/22/2019)

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  • 03/22/2019
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  • Docket(#5) NOTICE of Admission Requirement as to Party OurBus, Inc.; Attorney Steven A. Diaz, Email address is sdiaz@diazlaw.net, Phone number is (202) 416-1633 Admissions due by 4/5/2019. Attorney Lawrence F. Hughes, Email address is lhughes@cal.berkeley.edu, Phone number is (718) 463-5794. [A copy of this Notice was emailed to Attorney Diaz and Attorney Hughes on 3/22/2019.] (jdp, ) (Entered: 03/22/2019)

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  • 03/22/2019
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  • Docket(#4) G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 6/21/2019 at 11:00 AM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/14/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdp, ) (Entered: 03/22/2019)

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  • 03/22/2019
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  • Docket(#3) Summons Issued as to City of Ithaca, New York. (jdp, ) (Entered: 03/22/2019)

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  • 03/21/2019
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  • Docket(#2) MOTION for Temporary Restraining Order and Preliminary Injunction filed by OurBus, Inc. (Attachments: #1 Declaration of Axel Hellman, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Memorandum of Law, #13 Proposed Order/Judgment) (jdp, ) (Entered: 03/22/2019)

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  • 03/21/2019
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  • Docket(#1) COMPLAINT against City of Ithaca, New York (Filing fee $400 receipt number 4687937) filed by OurBus, Inc.. (Attachments: #1 Civil Cover Sheet)(jdp, ) (Entered: 03/22/2019)

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