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Eminent Domain federal lawsuit.
Complaint filed October 26, 2006 in the Eastern District.
The Case Files (PDFs) Complaint Motion to Dismiss Magistrate's Report
PLAINTIFFS

DANIEL GOLDSTEIN, JERRY CAMPBELL, as the putative administrator of the estate of OLIVER ST. CLAIR STEWART and in his individual capacity, THE GELIN GROUP, LLC, CHADDERTON’S BAR AND GRILL INC., d/b/a FREDDY’S BAR AND BACKROOM, MARIA GONZALEZ, JACKIE GONZALEZ, YESENIA GONZALEZ, HUDA MUFLEH-ODEH, JAN AKHTAR, DAVID SHEETS, JOSEPH PASTORE, PETER WILLIAMS, PETER WILLIAMS ENTERPRISES, INC., HENRY WEINSTEIN, 535 CARLETON AVE. REALTY CORP., 535 CARLTON AVE. REALTY CORP., and PACIFIC CARLTON DEVELOPMENT CORP.

DEFENDANTS

GEORGE E. PATAKI, CHARLES A. GARGANO, NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT CORPORATION, BRUCE C. RATNER, JAMES P. STUCKEY, FOREST CITY ENTERPRISES, INC., FOREST CITY RATNER COMPANY, RATNER GROUP, INC., BR FCRC, LLC, BR LAND, LLC FCR LAND, LLC, BROOKLYN ARENA, LLC, ATLANTIC YARDS DEVELOPMENT COMPANY, LLC, MICHAEL BLOOMBERG, DANIEL DOCTOROFF, ANDREW M. ALPER, JOSHUA SIREFMAN, CITY OF NEW YORK and NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION

Complaint - filed October 26, 2006

Magistrate Judge Robert M. Levy's Report &
Recommendation to presiding Judge Nicholas Garaufis (Feb. 23, 2007)


Presiding Judge Nicholas Garaufis' Memorandum and Order (June 6, 2006)

On June 6th Eastern District Justice Nicholas Garaufis issued a decision on the defendants' motion to dismiss the federal eminent domain lawsuit Goldstein v. Pataki. While Judge Garaufis rejected the defendants' three motions attempting to push the case out of federal court and into state court, he decided to dimiss the case for plaintiffs' failure to state a claim. We stronlgy believe that the Court erred in its decision and there will be an appeal on the decision brought to the 2nd Circutin Court. We are cautiously optimistic that the plaintiffs can win their appeal and move on to a trial to show how the use of eminent domain for Altnatic Yards violates the US Constituion. Our view on the decision and the appeal can be found in our e-newsletter from June 7th, 2007.

Atlantic Yards Report covered the decision, Judge dismisses federal eminent domain lawsuit; appeal planned, as did the NY Times and the New York Law Journal
Motion to Dismiss (Filed December 15, 2006)
PLAINTIFFS
Memorandum of Law in Opposition to Defendants' Motion to Dismiss
(Filed January 5, 2007)

Amended Complaint
(Filed January 5, 2007)

Memorandum of Law in Opposition to Defendants' Motion to Dismiss Plaintiffs' Supplemental EDPL Claims
(Filed January 26, 2007)

Oral arguments are scheduled for Wednesday, February 7, 2007 at 2:00 p.m. in United States District Court:
Eastern District of New York
225 Cadman Plaza East
Courtroom 4D



ESDC
Dismissal Memorandum of Law
Notice of Motion
Affidavit on Motion

Reply in Support of Motion to Dismiss
(Filed January 19, 2007)

Reply in Support of Motion to Dismiss Fourth Cause of Action in Amended Complaint
(Filed February 1, 2007)

State of NY
Dismissal Memorandum of Law
Notice of Motion

Reply in Support of Motion to Dismiss
(Filed January 19, 2007)

City of NY
Dismissal Memorandum of Law
Notice of Motion

Reply in Support of Motion to Dismiss
(Filed January 19, 2007)

Forest City Ratner
Dismissal Memorandum of Law
Notice of Motion
Declaration of Motion

Reply in Support of Motion to Dismiss
(Filed January 19, 2007)
Report & Recommendation Re: Motion to Dismiss (Issued February 23, 2007)

Magistrate Judge Robert M. Levy's Report & Recommendation to presiding Judge Nicholas Garaufis

Friday, March 30, 2007. 11 AM
Hearing on Magistrate Levy's Report & Recommendation
United States District Court, Eastern District of New York
225 Cadman Plaza East.
Room 4D

PLAINTIFFS
Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 9, 2007)

Memorandum of Law in Response to Defendants' Objections to Magistrate Judge Levy's Report & Recommendation (on ripeness and Younger abstention)
(Filed March 23, 2007)

Plaintiffs' Reply in Further Support of their Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 28, 2007)
ESDC
Objections to Magistrate Judge Levy's Report & Recommendations (on ripeness and Younger abstention) (Filed March 9, 2007)

Memorandum of Law in Response to Plaintiffs' Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 23, 2007)

Defendants' Reply in Further Support of their Objections to Magistrate Judge Levy's Report & Recommendation (on ripeness and Younger abstention)
(Filed March 28, 2007)

City of NY
MOL in Response to Plaintiffs' Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 23, 2007)

Forest City Ratner
MOL in Response to Plaintiffs' Objections to Magistrate Judge Levy's Report & Recommendation (on Burford abstention)
(Filed March 23, 2007)
Press coverage of the arguments:

Eminent domain case gets serious consideration in court (but the press mostly passes)
Norman Oder. Atlantic Yards Report. March 31.

Procedural arguments return as eminent domain case hearing approaches
Norman Oder. Atlantic Yards Report. March 29.

Judge Poses Tough Questions to Atlantic Yards Backers
Joseph Goldstein. NY Sun. February 8.

“Public purpose” enters uncharted territory in marathon eminent domain “seminar”
Norman Oder. Atlantic Yards Report. February 8.

Opening salvos fired in Atlantic Yards case
Patrick Arden. Metro NY. February 8.

Atlantic Yards fight in court as mayor weighs in
Michael Clancy. amNewYork. February 8.

Yards Ball Now In Judge's Court
Nik Kovac. Brooklyn Downtown Star. February 15.