Magistrate Judge Denies N.Y. Village’s Request to Cancel ‘Pointless’ Settlement Conference
U.S. Magistrate Judge Steven Tiscione for Eastern New York in Central Islip denied Thursday’s letter motion (docket 2:22-cv-07807) from the village of Oyster Bay Cove, New York, to cancel a July 19 settlement conference with plaintiff AT&T on grounds that…
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it would be futile for resolving the case. Tiscione’s text-only order gave no reasons for his denial, but said the in-person conference will now be held virtually. AT&T’s Dec. 22 complaint alleges the village’s denial of its cell tower application violated the Telecommunications Act by prohibiting the carrier from providing wireless telecommunications services (see 2212230054). AT&T further contends the village failed to act on its application before the statute's shot clock expired, and that the denial wasn’t based on substantial evidence in a written record, as the TCA requires. Oyster Bay Cove thinks settlement of the dispute “is not possible at this time,” and that the village will require a determination by the court of the “substantive merits” of AT&T’s claims, counsel for the village told the judge. Rather than waste the court's “valuable time,” the village thinks it would be “pointless to proceed with the scheduled conference," and asks that it be cancelled, and the parties directed to complete discovery,” said counsel. The court disagreed.