Decision (02/11/15): JEWISH PEOPLE OF WESTHAMPTON BEACH v. Village, 778 F. 3d 390 – Court of Appeals, 2nd Circuit 2015
| CLOSED |
U.S. District Court
Eastern District of New York (Central Islip)
CIVIL DOCKET FOR CASE #: 2:12-cv-03760-ARL
| Jewish People for the Betterment of Westhampton Beach et al v. The Village of Westhampton Beach et al Assigned to: Magistrate Judge Arlene R. Lindsay Cause: 28:2201 Declaratory Judgement |
Date Filed: 07/30/2012 Date Terminated: 08/15/2014 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| Jewish People for the Betterment of Westhampton Beach | represented by | Jonathan Halsby Sinnreich Sinnreich Kosakoff & Messina LLP 267 Carleton Avenue Suite 301 Central Islip, NY 11722 631-650-1200 Fax: 631-650-1207 Email: jsinnreich@skmlaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICEDTimothy F. Hill Sinnreich & Kosakoff LLP 267 Carleton Avenue Central Islip, NY 11722 631-650-1200 Fax: 631-650-1207 Email: thill@skmlaw.net ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Arnold Sheiffer | represented by | Jonathan Halsby Sinnreich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDTimothy F. Hill (See above for address) ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Estelle Lubliner | represented by | Jonathan Halsby Sinnreich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDTimothy F. Hill (See above for address) ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| The Village of Westhampton Beach | represented by | Brian S. Sokoloff Sokoloff Stern LLP 179 Westbury Avenue Carle Place, NY 11514 516-334-4500 Fax: 516-334-4501 Email: bsokoloff@sokoloffstern.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| East End Eruv Association TERMINATED: 02/04/2013 |
represented by | Robert G. Sugarman Weil, Gotshal & Manges, LLP 767 Fifth Avenue New York, NY 10153 212-310-8184 Fax: 212-310-8007 Email: robert.sugarman@weil.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDYehudah L. Buchweitz Weil, Gotshal & Manges, LLP 767 Fifth Avenue New York, NY 10153 212-310-8256 Fax: 212-310-8007 Email: yehudah.buchweitz@weil.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Verizon New York Inc. TERMINATED: 02/04/2013 |
represented by | Erica Weisgerber Debevoise & Plimpton LLP 919 Third Avenue New York, NY 10022 212-909-6998 Fax: 212-521-7490 Email: eweisgerber@debevoise.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Long Island Lighting Company TERMINATED: 05/21/2013 doing business as LIPA TERMINATED: 05/21/2013 |
represented by | Jessica M. Zetwick Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue Nw Washington, DC 20004 202-739-5928 Fax: 202-739-3001 Email: jzetwick@morganlewis.com TERMINATED: 07/19/2013 PRO HAC VICE ATTORNEY TO BE NOTICEDMichele A. Pincus LIPA 333 Earle Ovington Blvd Uniondale, NY 11553 516-719-9884 Fax: 516-719-9812 ATTORNEY TO BE NOTICEDRonald J. Tenpas Morgan, Lewis & Bockius, LLP 1111 Pennsylvania Ave, Nw Washington, DC 20004 (202)739-5435 Fax: (202)739-3001 Email: rtenpas@morganlewis.com TERMINATED: 07/19/2013 ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/30/2012 | 1 | COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -No,, filed by Jewish People for the Betterment of Westhampton Beach, Arnold Sheiffer, Estelle Lubliner. (Attachments: # 1 Civil Cover Sheet) (McMahon, Carol) (Entered: 07/31/2012) |
| 07/30/2012 | Summons Issued as to All Defendants. (McMahon, Carol) (Entered: 07/31/2012) | |
| 07/30/2012 | FILING FEE: $ 350.00, receipt number 10245 (McMahon, Carol) (Entered: 07/31/2012) | |
| 07/31/2012 | 2 | 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. (McMahon, Carol) (Entered: 07/31/2012) |
| 07/31/2012 | Case Ineligible for Arbitration (Bollbach, Jean) (Entered: 07/31/2012) | |
| 08/01/2012 | 3 | NOTICE of Appearance by Brian S. Sokoloff on behalf of The Village of Westhampton Beach (aty to be noticed) (Sokoloff, Brian) (Entered: 08/01/2012) |
| 08/27/2012 | 4 | NOTICE of Appearance by Yehudah L. Buchweitz on behalf of East End Eruv Association (aty to be noticed) (Buchweitz, Yehudah) (Entered: 08/27/2012) |
| 08/28/2012 | 5 | NOTICE of Appearance by Robert G. Sugarman on behalf of East End Eruv Association (aty to be noticed) (Sugarman, Robert) (Entered: 08/28/2012) |
| 08/28/2012 | 6 | Letter by East End Eruv Association (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Sugarman, Robert) (Entered: 08/28/2012) |
| 08/28/2012 | 7 | NOTICE of Appearance by Erica Weisgerber on behalf of Verizon New York Inc. (aty to be noticed) (Weisgerber, Erica) (Entered: 08/28/2012) |
| 08/28/2012 | 8 | Letter to Judge Wexler requesting a pre-motion conference by Verizon New York Inc. (Weisgerber, Erica) (Entered: 08/28/2012) |
| 09/04/2012 | 9 | STIPULATION and Proposed Order by Long Island Lighting Company (Tenpas, Ronald) (Entered: 09/04/2012) |
| 09/04/2012 | 10 | Letter by Jewish People for the Betterment of Westhampton Beach, Estelle Lubliner, Arnold Sheiffer (Sinnreich, Jonathan) (Entered: 09/04/2012) |
| 09/05/2012 | ORDER TO ANSWER re 9 : the time for the Long Island Lighting Company to answer, mover or otherwise respond to the complaint is extended to October 3, 2012. Ordered by Magistrate Judge Arlene R. Lindsay on 9/5/2012. c/ecf (Imrie, Robert) (Entered: 09/05/2012) | |
| 09/05/2012 | 11 | NOTICE of Appearance by Timothy F. Hill on behalf of All Plaintiffs (aty to be noticed) (Hill, Timothy) (Entered: 09/05/2012) |
| 09/20/2012 | 12 | NOTICE of Appearance by Michele A. Pincus on behalf of Long Island Lighting Company (aty to be noticed) (Pincus, Michele) (Entered: 09/20/2012) |
| 10/03/2012 | 13 | ANSWER to 1 Complaint, by Long Island Lighting Company. (Pincus, Michele) (Entered: 10/03/2012) |
| 10/12/2012 | 14 | Letter Regarding Briefing Schedule by East End Eruv Association (Sugarman, Robert) (Entered: 10/12/2012) |
| 10/12/2012 | 15 | MOTION for Leave to Appear Pro Hac Vice of Jessica M. Zetwick Filing fee $ 25, receipt number 0207-5786301. by Long Island Lighting Company. (Attachments: # 1 Affidavit, # 2 Proposed Order, # 3 Certificate of Good Standing, # 4 Certificate of Good Standing) (Zetwick, Jessica) (Entered: 10/12/2012) |
| 10/12/2012 | 16 | MOTION for Leave to Appear Pro Hac Vice of Ronald J. Tenpas Filing fee $ 25, receipt number 0207-5786344. by Long Island Lighting Company. (Attachments: # 1 Affidavit, # 2 Proposed Order, # 3 Certificate of Good Standing, # 4 Certificate of Good Standing, # 5 Certificate of Good Standing) (Tenpas, Ronald) (Entered: 10/12/2012) |
| 10/15/2012 | ORDER granting 15 and 16 : The motions of Jessica M. Zetwick and Ronald J. Teppas for leave to appear pro hac vice are granted. Ordered by Magistrate Judge Arlene R. Lindsay on 10/15/2012. c/ecf (Miller, Dina) (Entered: 10/15/2012) | |
| 10/16/2012 | ORDER re 14 Letter filed by East End Eruv Association. The proposed briefing schedule is approved. Ordered by Judge Leonard D. Wexler on 10/16/2012. (Ausili, Peter) (Entered: 10/16/2012) | |
| 10/16/2012 | 17 | NOTICE of Appearance by Ronald J. Tenpas on behalf of Long Island Lighting Company (notification declined or already on case) (Tenpas, Ronald) (Entered: 10/16/2012) |
| 10/16/2012 | 18 | NOTICE of Appearance by Jessica M. Zetwick on behalf of Long Island Lighting Company (notification declined or already on case) (Zetwick, Jessica) (Entered: 10/16/2012) |
| 10/29/2012 | 19 | MOTION for Extension of Time to File Motion to Dismiss by East End Eruv Association. (Sugarman, Robert) (Entered: 10/29/2012) |
| 10/29/2012 | 20 | Letter MOTION for Extension of Time to File defendant’s motion to dismiss (submitted with plaintiff’s consent) by Verizon New York Inc.. (Weisgerber, Erica) (Entered: 10/29/2012) |
| 11/07/2012 | ORDER granting 19 Motion for Extension of Time to File. Ordered by Judge Leonard D. Wexler on 11/7/2012. (Ausili, Peter) (Entered: 11/07/2012) | |
| 11/07/2012 | ORDER granting 20 Motion for Extension of Time to File. Ordered by Judge Leonard D. Wexler on 11/7/2012. (Ausili, Peter) (Entered: 11/07/2012) | |
| 11/19/2012 | 21 | Letter MOTION for Extension of Time to File Response/Reply to motions to dismiss, on consent, by Jewish People for the Betterment of Westhampton Beach, Estelle Lubliner, Arnold Sheiffer. (Hill, Timothy) (Entered: 11/19/2012) |
| 11/28/2012 | ORDER granting 21 Motion for Extension of Time to File Response/Reply re 21 Letter MOTION for Extension of Time to File Response/Reply to motions to dismiss, on consent,. Response due by 12/7/2012; replies due by 12/21/2012. Ordered by Judge Leonard D. Wexler on 11/28/2012. (Ausili, Peter) (Entered: 11/28/2012) | |
| 12/05/2012 | 22 | Letter MOTION for Leave to File Excess Pages re: memorandum of law in opposition to two defendants’ (EEEA and Verizon) motions to dismiss by Jewish People for the Betterment of Westhampton Beach, Estelle Lubliner, Arnold Sheiffer. (Hill, Timothy) (Entered: 12/05/2012) |
| 12/21/2012 | 23 | MOTION to Dismiss the Complaint by East End Eruv Association. (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service, # 3 Memorandum in Opposition, # 4 Declaration in Opposition, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Reply Memorandum of Law, # 12 Certificate of Service) (Sugarman, Robert) (Entered: 12/21/2012) |
| 12/21/2012 | 24 | MOTION to Dismiss / Notice of Motion to Dismiss by Verizon New York Inc.. (Attachments: # 1 Memorandum of Law in Support of Verizon New York Inc.’s Motion to Dismiss, # 2 Declaration of Erica S. Weisgerber, # 3 Exhibit 1 to Weisgerber Declaration, # 4Exhibit 2 to Weisgerber Declaration, # 5 Exhibit 3 to Weisgerber Declaration, # 6 Exhibit 4 to Weisgerber Declaration, # 7 Certificate of Service, # 8 Memorandum of Law in Opposition to Motions to Dismiss, # 9 Declaration of Jonathan Sinnreich, # 10 Exhibit A to Sinnreich Declaration, # 11 Exhibit B to Sinnreich Declaration, # 12 Exhibit C to Sinnreich Declaration, # 13 Exhibit D to Sinnreich Declaration, # 14 Exhibit E to Sinnreich Declaration, # 15 Exhibit F to Sinnreich Declaration, # 16 Reply Memorandum of Law in Support of Verizon New York Inc.’s Motion to Dismiss, # 17 Certificate of Service) (Weisgerber, Erica) (Entered: 12/21/2012) |
| 02/01/2013 | ORDER granting 22 Motion for Leave to File Excess Pages. Ordered by Judge Leonard D. Wexler on 2/1/2013. (Ausili, Peter) (Entered: 02/01/2013) | |
| 02/04/2013 | ORDER granting 23 Motion to Dismiss; granting 24 Motion to Dismiss, as stated at oral argument today. Accordingly, this action is dismissed as against defendants Verizon and EEEA. Ordered by Judge Leonard D. Wexler on 2/4/2013. (Ausili, Peter) (Entered: 02/04/2013) | |
| 02/04/2013 | 25 | Minute Entry; For proceedings held on February 4, 2013 at 11:00 a.m. before Judge Leonard D. Wexler; For Civil Cause for Motion/Argument; re: CV-11-0213 – EEEA v. The Village of Westhampton Beach, et al; CV-11-0252 – Verizon v. Westhampton, et al.; CV 12-3760 – Jewish People v. Westhampton, et al.; Appearances: For Pltff.: Robert G. Sugarman, Esq., Yehudah Buchweitz, Esq.; For Verizon: Erica Weisgerber, Esq.; For LILCO: Ronald J. Tenpas, esq., Michele A Pincus, Esq.; For Deft.: Jeltje DeJone, Esq., March Hamilton, Esq., Brian S. Sokoloff, Esq., Leo Dorefman, Esq., Maureen T. Liccione, Esq.; Court Reporter: Owen Wicker. Case called. Counsel present. Conference held. Dispositive motions and motion for preliminary injunction. Argument heard. See Order, dated 2/4/2013 for details. Non-jury trial on April 15, 2013 @ 9:30 a.m. Proceeding concluded. (Fagan, Linda) (Fagan, Linda) (Entered: 02/05/2013) |
| 03/22/2013 | 26 | MOTION for Judgment on the Pleadings by Long Island Lighting Company. (Attachments: # 1 Memorandum in Opposition) (Zetwick, Jessica) (Entered: 03/22/2013) |
| 05/17/2013 | 27 | Letter Regarding LIPA’s Motion for Judgment on the Pleadings by Long Island Lighting Company (Attachments: # 1 Proposed Order) (Zetwick, Jessica) (Entered: 05/17/2013) |
| 05/21/2013 | 28 | ORDER: Granting LIPA’s 26 Motion for Judgment on the Pleadings. Plaintiffs’ claims against LIPA are dismissed in their entirety. Long Island Lighting Company terminated. Ordered by Judge Leonard D. Wexler on 5/21/2013. c/m by ecf. (Mahon, Cinthia) (Entered: 05/23/2013) |
| 07/18/2013 | 29 | Letter MOTION to Withdraw as Attorney by Long Island Lighting Company. (Zetwick, Jessica) (Entered: 07/18/2013) |
| 07/19/2013 | ORDER granting 29 Motion to Withdraw as Attorney. Attorney Ronald J. Tenpas and Jessica M. Zetwick terminated. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/19/2013. (Buckel, Katherine) (Entered: 07/19/2013) | |
| 01/28/2014 | SCHEDULING ORDER: A status conference will be held on February 5, 2014 at 11:00 a.m. in Courtroom 940, Alfonse M. D’Amato U.S. Courthouse, Central Islip, New York. All counsel are directed to appear. So Ordered by Judge Leonard D. Wexler on 1/28/2014. (Minerva, Deanna) (Entered: 01/28/2014) | |
| 02/03/2014 | 30 | CONSENT to Jurisdiction by US Magistrate Judge by The Village of Westhampton Beach. (Attachments: # 1 Cover letter with Notice, Consent, and Reference of a Civil Action to a Magistrate Judge) (Sokoloff, Brian) (Entered: 02/03/2014) |
| 02/04/2014 | 31 | CONSENT to Jurisdiction by US Magistrate Judge by Jewish People for the Betterment of Westhampton Beach, The Village of Westhampton Beach. Case reassigned to Magistrate Judge Arlene R. Lindsay. Ordered by Judge Leonard D. Wexler on 2/4/14. c/m by ecf. (Mahon, Cinthia) (Entered: 02/04/2014) |
| 02/07/2014 | 32 | Letter MOTION to Reassign Case on consent to Mag. J. Tomlinson by The Village of Westhampton Beach. (Sokoloff, Brian) (Entered: 02/07/2014) |
| 04/02/2014 | 33 | STIPULATION of Dismissal without prejudice by Jewish People for the Betterment of Westhampton Beach, Estelle Lubliner, Arnold Sheiffer (Hill, Timothy) (Entered: 04/02/2014) |
| 04/25/2014 | 34 | NOTICE OF APPEAL as to Order on Motion to Dismiss,,, 28 Order on Motion for Judgment on the Pleadings, Add and Terminate Parties,, by Jewish People for the Betterment of Westhampton Beach, Estelle Lubliner, Arnold Sheiffer. Filing fee $ 505, receipt number 0207-6884548. Appeal Record due by 8/11/2014. (Hill, Timothy) (Entered: 04/25/2014) |
| 04/25/2014 | Electronic Index to Record on Appeal sent to US Court of Appeals. 34 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we’ll arrange for the document(s) to be made available to you. (Russo, Eric) (Entered: 04/25/2014) | |
| 08/15/2014 | 35 | STIPULATION of Dismissal with prejudice by Jewish People for the Betterment of Westhampton Beach, Estelle Lubliner, Arnold Sheiffer (Hill, Timothy) (Entered: 08/15/2014) |
| 08/15/2014 | ORDER Re 35 : DISMISSING CASE. Ordered by Magistrate Judge Arlene R. Lindsay on 8/15/2014. c/ecf (Imrie, Robert) (Entered: 01/06/2015) | |
| 03/10/2015 | 36 | MANDATE of USCA as to 34 Notice of Appeal, filed by Arnold Sheiffer, Jewish People for the Betterment of Westhampton Beach, Estelle Lubliner. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgments of the district court are AFFIRMED. USCA #14-1441. (Corsini, Alexander) (Entered: 03/11/2015) |
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