Bellanca v. Town of Amherst et al
| New York Western District Court | |
| Judge: | Lawrence J Vilardo |
| Case #: | 1:23-cv-00226 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Federal Question: Other Civil Rights |
| Case Filed: | Mar 15, 2023 |
| Last checked: Saturday Sep 16, 2023 8:21 AM EDT |
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Defendant
Conrad Nagel
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Represented By
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Defendant
Town of Amherst
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Represented By
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Defendant
William L. Prenevau
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Represented By
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Plaintiff
Jeffrey Bellanca
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Represented By
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| 1. | Gay business owner files federal harassment lawsuit against Town of Amherst (wkbw.com) |
| Submitted Tue 03/21/2023 | |
| Docket last updated: 5 hours ago |
| Tuesday, July 23, 2024 | ||
| 17 | 17
14
pgs
respm
Memorandum in Support of Motion
Tue 07/23 3:14 PM
MEMORANDUM in Support re6 MOTION to Dismiss Plaintiff's Amended Complaint filed by Conrad Nagel, William L. Prenevau, Town of Amherst. (McCarthy, Anastasia) |
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| Tuesday, July 16, 2024 | ||
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order
Text Order
Tue 07/16 9:28 AM
TEXT ORDER granting the defendants' motion, Docket Item15 , for an extension of time. Reply due by 7/23/2024. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/16/2024. (DJ) |
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| Monday, July 15, 2024 | ||
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notice
Notice (Other)
Mon 07/15 2:56 PM
NOTICE by Conrad Nagel, William L. Prenevau, Town of Amherst Notice of Motion to Extend (McCarthy, Anastasia) |
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| Tuesday, July 09, 2024 | ||
| 14 | 14
respm
Response in Opposition to Motion
Tue 07/09 10:59 PM
RESPONSE in Opposition re6 MOTION to Dismiss Plaintiff's Amended Complaint filed by Jeffrey Bellanca.(Korn, Lindy) |
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Att: 1
Statement of Undisputed Facts,
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Att: 2
Declaration
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| Wednesday, June 26, 2024 | ||
| 13 | 13
order
Text Order ~Util - Terminate Motions
Wed 06/26 9:20 AM
TEXT ORDER granting the plaintiff's motion, Docket Item12 , for an extension of time to respond to the defendant's statement of material facts. Response due by 7/9/2024. Reply due by 7/16/2024. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/26/2024. (DJ) |
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| Tuesday, June 25, 2024 | ||
| 12 | 12
motion
Extension of Time to File Response/Reply
Tue 06/25 1:12 PM
First MOTION for Extension of Time to File Response/Reply as to11 Statement of Facts by Jeffrey Bellanca.(Korn, Lindy) |
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| Tuesday, May 28, 2024 | ||
| 11 | 11
misc
Statement of Facts
Tue 05/28 4:02 PM
STATEMENT OF FACTS Undisputed Statement of Material Facts by Conrad Nagel, William L. Prenevau, Town of Amherst. (McCarthy, Anastasia) |
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| Tuesday, May 14, 2024 | ||
| 10 | 10
2
pgs
order
Order
Tue 05/14 9:19 AM
ORDER re6 MOTION to Dismiss Plaintiff's Amended Complaint filed by William L. Prenevau, Town of Amherst, Conrad Nagel. The defendants have submitted documents outside the pleadings, which the Court intends to consider in deciding the defendants' motion to dismiss. The parties therefore are hereby given notice that the Court plans to convert the defendants' motion to dismiss, Docket Item 6, into a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. If the defendants have any additional materials that they would like the Court to consider in connection with their motion, they must file any such materials no later than May 28, 2024 . Bellanca may respond no later than June 25, 2024 , and the defendants may reply no later than July 2, 2024 . SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 5/14/2024. (RFI) |
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| Tuesday, November 07, 2023 | ||
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6
pgs
respm
Memorandum in Support of Motion
Tue 11/07 2:20 PM
MEMORANDUM in Support re6 MOTION to Dismiss Plaintiff's Amended Complaint filed by Conrad Nagel, William L. Prenevau, Town of Amherst. (McCarthy, Anastasia) |
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| Tuesday, October 31, 2023 | ||
| 8 | 8
respm
Response in Opposition to Motion
Tue 10/31 10:17 AM
RESPONSE in Opposition re6 MOTION to Dismiss Plaintiff's Amended Complaint filed by Jeffrey Bellanca. (Korn, Lindy) |
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| Tuesday, October 17, 2023 | ||
| 7 | 7
order
Text Order ~Util - Terminate Motions
Tue 10/17 9:41 AM
TEXT ORDER: In light of the amended complaint, Docket Item5 , and the second motion to dismiss, Docket Item6 , the first motion to dismiss, Docket Item3 , is DENIED as moot. The Court will consider the arguments raised in the first motion to dismiss to the extent they are incorporated by the second motion to dismiss. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/17/2023. (DJ) |
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| Monday, October 16, 2023 | ||
| 6 | 6
motion
Dismiss
Mon 10/16 5:06 PM
MOTION to Dismiss Plaintiff's Amended Complaint by Conrad Nagel, William L. Prenevau, Town of Amherst.(McCarthy, Anastasia) |
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Att: 1
Declaration Declaration in Support of Motion to Dismiss,
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Att: 2
Exhibit A: Complaint,
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Att: 3
Exhibit B: First Motion to Dismiss,
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Att: 4
Exhibit C: Amended Complaint,
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Att: 5
Exhibit D: Town of Amherst Code Provisions,
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Att: 6
Exhibit E: Court Appearance Tickets,
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Att: 7
Exhibit F: Temporary Use PErmit Issued 4/20/2021,
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Att: 8
Exhibit G: Town Meeting Minutes from 4/20/2021,
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Att: 9
Exhibit H: Transcript from 4/20/2021 Hearing,
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Att: 10
Exhibit I: Transcript of Plaintiff from 7/14/2021 Town Court,
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Att: 11
Exhibit J: Correspondence re Violation of ACD,
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Att: 12
Exhibit K: Complaints received by Town of Amherst,
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Att: 13
Exhibit L: Building Dep't Organizational Chart,
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Att: 14
Memorandum in Support
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| Friday, September 01, 2023 | ||
| 5 | 5
cmp
Amended Complaint
Fri 09/01 4:25 PM
AMENDED COMPLAINT against Conrad Nagel, William L. Prenevau, Town of Amherst, filed by Jeffrey Bellanca.(Korn, Lindy) |
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| 4 | 4
respm
Response in Opposition to Motion
Fri 09/01 4:24 PM
RESPONSE in Opposition re3 First MOTION to Dismiss Plaintiff's Complaint filed by Jeffrey Bellanca. (Korn, Lindy) |
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| Friday, August 18, 2023 | ||
| 3 | 3
motion
Dismiss
Fri 08/18 4:25 PM
First MOTION to Dismiss Plaintiff's Complaint by Conrad Nagel, William L. Prenevau, Town of Amherst.(McCarthy, Anastasia) |
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Att: 1
Declaration Declaration in Support of Motion to Dismiss,
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Att: 2
Exhibit A: Plaintiff's Complaint dated March 15, 2023,
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Att: 3
Exhibit B: Court Appearance Tickets issued to Plainitff,
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Att: 4
Exhibit C: Temporary Use Permit issued April 20, 2021,
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Att: 5
Exhibit D: Town of Amherst Zoning Board Minutes from April 20, 2021,
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Att: 6
Exhibit E: Transcript from April 20, 2021 Public Hearing,
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Att: 7
Exhibit F: Transcript of Plaintiff's Appearance on July 14, 2021,
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Att: 8
Exhibit G: Correspondence between Town of Amherst Attorney and Plaintiff,
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Att: 9
Exhibit H: Complaints Received by Town of Amherst re Plaintiff's Property,
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Att: 10
Exhibit I: Building Department Organization Chart,
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Att: 11
Exhibit J: Selected Provisions of te Town of Amherst Code,
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Att: 12
Memorandum in Support Memorandum in Support of Motion to Dismiss
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| Wednesday, March 15, 2023 | ||
| 2 | 2
service
Summons Issued
Wed 03/15 4:04 PM
Summons Issued as to Conrad Nagel, William L. Prenevau, Town of Amherst. (TMK) |
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| 1 | 1
cmp
Complaint
Wed 03/15 12:37 PM
COMPLAINT against All Defendants $ 402 receipt number ANYWDC-4822227, filed by Jeffrey Bellanca.(Korn, Lindy) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Def Summons - Amherst,
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Att: 3
Def Summons - Prenevau,
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Att: 4
Def Summons - Nagel
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utility
Case Assigned/Reassigned
Wed 03/15 3:53 PM
Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK) |
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adr
Automatic Referral to Mediation
Wed 03/15 4:00 PM
AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at[LINK:http://www.nywd.uscourts.gov/alternative-dispute-resolution] .(TMK) |
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notice
Notice of Availability of Magistrate Judge
Wed 03/15 4:01 PM
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (TMK) |
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