Thompson et al v. Albany Port District Commission et al
| New York Northern District Court | |
| Judge: | David N Hurd |
| Referred: | Daniel J Stewart |
| Case #: | 1:23-cv-01569 |
| Nature of Suit | 893 Other Statutes - Environmental Matters |
| Cause | 28:1442 Notice of Removal |
| Case Filed: | Dec 13, 2023 |
| Terminated: | Mar 14, 2024 |
| Last checked: Tuesday Jun 11, 2024 4:29 AM EDT |
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Defendant
Victoria Storrs
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Defendant
PSE&G
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National Grid
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Defendant
Jeanette M. Moy
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Defendant
Jody Monroe
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Defendant
James V. McDonald
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Defendant
Erik Kulleseid
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Defendant
River Road Holding Co. II, LLC
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Defendant
Robert J. Rodriguez
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Defendant
George Kansas
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Doreen Harris
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Defendant
Basil Seggos
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Defendant
Selkirk Fire District Board of Fire Commissioners
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Defendant
Marie T. Dominguez
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Town of Bethlehem
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Albany Port District Commission
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Town of Bethlehem Planning Board
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Delmar-Bethlehem EMS
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Defendant
Corning Hill Properties, LLC
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City of Rensselaer
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City of Albany
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Defendant
Rory M. Christian
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Defendant
CSX Transportation, Inc.
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Defendant
Town of Bethlehem Stormwater Manager
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Defendant
Town of East Greenbush
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Defendant
Bethlehem Energy Center
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Defendant
Town of Bethlehem Zoning Board of Appeals
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Defendant
Bethlehem Police Department
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Plaintiff
Kirk Rhatigan
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Plaintiff
Barbara Riscavage
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Plaintiff
Angela Vanfonda
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Plaintiff
Gertrude Prater
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Plaintiff
Lorraine Thompson
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Plaintiff
Dennis O'Leary
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Plaintiff
Amy Musiker
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Plaintiff
Kerry McCarey
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Plaintiff
Valerian Masao
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Plaintiff
Susan Konas
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Plaintiff
Steven Konas
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Plaintiff
Timothy Gross
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Plaintiff
Susan Gross
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Plaintiff
Nathaniel Gray
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Plaintiff
Nick Esposito
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Plaintiff
Lori Dempf
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Plaintiff
Christine Delsignore
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Plaintiff
Kathleen Bohl
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Plaintiff
John Bohl
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Plaintiff
Rachel Apunte
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| TERMINATED PARTIES | |
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Defendant
Michael S. Regan
Terminated: 03/14/2024
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Defendant
Colonel Matthew W. Luzzatto
Terminated: 03/14/2024
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| Docket last updated: 2 hours ago |
| Friday, March 15, 2024 | ||
| 51 | 51
notice
Notice - Other
Fri 03/15 9:10 AM
COURT NOTICE to Albany County Supreme Court advising that the case has been remanded per this Court's Dkt. No. 50 Text Order Remanding Action to State Court. [Copy of Notice, along with certified copies of the Dkt. No. 50 Text Order Remanding Action to State Court and the Docket Sheet were mailed via regular mail to the Clerk of the Court, Albany County Supreme Court on 3/15/2024.](hmr) |
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| Thursday, March 14, 2024 | ||
| 50 | 50
order
Order on Motion to Dismiss Order on Letter Request
Thu 03/14 4:26 PM
TEXT ORDER REMANDING ACTION TO STATE COURT: This state-court Article 78 petition was initially filed in Supreme Court, Albany County. As relevant here, the petition named as defendants Colonel Matthew W. Luzzatto, the New York District Commander for the Army Corps of Engineers and Michael S. Regan, the Administrator of the United States Environmental Protection Agency (collectively the "Federal Defendants"). The Federal Defendants removed the case to this forum using the federal officer removal statute. Dkt. No. 1. Thereafter, the Federal Defendants moved to dismiss. Dkt. No. 9. According to them, they were improperly served and are immune from the suit, but even assuming otherwise, the petition fails to state any plausible claims against them. Id. Petitioners' counsel filed several requests to extend the briefing deadlines. The Court granted two of those requests. Dkt. Nos. 24, 33. But petitioners have moved for a third. Dkt. No. 35. The Federal Defendants have opposed. Dkt. No. 36. Upon review, petitioners' third request for an extension of time is DENIED. Upon further review, the Federal Defendants' motion to dismiss is GRANTED. The Clerk of the Court is directed to TERMINATE defendants Luzzatto and Regan from this action and REMAND the rest of this action to the originating jurisdiction. So Ordered by Judge David N. Hurd on 3/14/2024. (ptm) |
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| Wednesday, March 13, 2024 | ||
| 49 | 49
notice
Notice of Appearance
Wed 03/13 12:57 PM
NOTICE OF APPEARANCE by Robert G. Magee on behalf of City of Albany (Magee, Robert) |
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misc
Text Notice of Filing Deficiency
Wed 03/13 9:21 AM
TEXT NOTICE OF FILING DEFICIENCY as to City of Albany regarding the47 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - Dkt. No. 47 Notice of Appearance was dated 1/30/2024 and should have been dated 03/12/2024 the date the document was filed. Please file an Amended Notice of Appearance dated 03/12/2024. The correction(s) should be made within 3 days of this notice. Notice of Filing Deficiency Deadline 3/18/2024 (hmr) |
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| Tuesday, March 12, 2024 | ||
| 47 | 47
notice
Notice of Appearance
Tue 03/12 12:05 PM
NOTICE OF APPEARANCE by Robert G. Magee on behalf of City of Albany (Magee, Robert) |
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misc
Clerk Correction of Docket Entry
Tue 03/12 12:48 PM
CLERK'S CORRECTION OF DOCKET ENTRY re40 Affidavit in Opposition to Motion, Text Notice of Filing Deficiency,41 Affidavit in Opposition to Motion,42 Affidavit in Opposition to Motion,39 Affidavit in Opposition to Motion. Amended Documents have been added to Docket Entries39 ,40 ,41 and42 . (egr) Modified on 3/12/2024 to reflect that an Amended Document, rather than a Redacted Document, was added to Docket Entry42 (egr, ) |
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| Friday, March 08, 2024 | ||
| 46 | 46
respm
Response in Support of Motion
Fri 03/08 4:57 PM
RESPONSE in Support re9 MOTION to Dismiss filed by Matthew W. Luzzatto, Michael S. Regan. Motion returnable before Judge David N. Hurd,37 Letter Motion from Robert C. Dempf for Rachel Apunte, John Bohl, Kathleen Bohl, Christine Delsignore, Lori Dempf, Nick Esposito, Nathaniel Gray, Susan Gross, Timothy Gross, Steven Konas, Susan Konas, Valerian Masao, Kerry McCarey, Amy Musiker,35 Letter Motion from Robert C. Dempf for Rachel Apunte, John Bohl, Kathleen Bohl, Christine Delsignore, Lori Dempf, Nick Esposito, Nathaniel Gray, Susan Gross, Timothy Gross, Steven Konas, Susan Konas, Valerian Masao, Kerry McCarey, Amy Musiker filed by Matthew W. Luzzatto, Michael S. Regan. (Hoggan, John) |
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| 45 | 45
10
pgs
respm
Memorandum of Law
Fri 03/08 3:32 PM
MEMORANDUM OF LAW re34 Letter Request/Motion filed by Albany Port District Commission. (Shepardson, Thomas) |
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