3:19-CV-00356
03/21/2019
Pending - Other Pending
Civil Right - State Statute Constitutionality
OurBus, Inc.
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
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
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
Supplemental Notice of Filing Proof of Service
Summons
Summons
Proposed Summons of Jennifer Kusznir
Proposed Summons of Joann Cornish
(#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)
Proposed Order/Judgment
Exhibit(s) J
Exhibit(s) H
Exhibit(s) F
Exhibit(s) E
Exhibit(s) B
Declaration of Axel Hellman
Civil Cover Sheet
(#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)
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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket***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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#66) Proposed Findings of Fact and Conclusions of Law by City of Ithaca, New York. (Felter, Karen) (Entered: 05/24/2019)
[-] Read LessDocket(#65) Proposed Findings of Fact and Conclusions of Law by OurBus, Inc.. (Lagios, James) (Entered: 05/24/2019)
[-] Read LessDocket(#10) CERTIFICATE OF SERVICE by OurBus, Inc. re #9 Order Setting Hearing on Motion, Terminate Motions (Lagios, James) (Entered: 03/27/2019)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#7) CERTIFICATE OF SERVICE by OurBus, Inc. re #6 Order Setting Hearing on Motion, (Lagios, James) (Entered: 03/22/2019)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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)
[-] Read LessDocket(#3) Summons Issued as to City of Ithaca, New York. (jdp, ) (Entered: 03/22/2019)
[-] Read LessDocket(#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)
[-] Read LessDocket(#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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