Update on Bayside Cemetery Litigation - January 13, 2009
You may recall that on December 11, 2008 Chief Judge Dearie postponed the December 12, 2008 motion to dismiss hearing because he wanted to hear oral arguments about whether or not his federal court had jurisdiction to handle this case. He rescheduled the hearing for January 7, 2009 at 11AM to hear the motion to dismiss and the jurisdictional issues arguments. On January 6, 2009, Chief Judge Dearie then rescheduled the hearing again to January 12, 2009 at Noon.
Chief Judge Dearie also wanted to receive written arguments about the jurisdictional matter by December 24, 2008.
A variety of letters were sent to the court by us (plaintiffs) and the defendants. All of these documents are available at
http://site.baysidecemeterylitigation.com/About_the_Litigation.html with dates from December 11, 2008 to December 31, 2008At 10:47 AM on January 12, 2009 (1 hour and 13 minutes before the scheduled hearing), Chief Judge Dearie notified the parties that he was dismissing the hearing and ordering a meeting with Magistrate Judge Azrak to discuss having discovery for the jurisdictional issues
http://site.baysidecemeterylitigation.com/uploads/AR-M620N_20090112_231226-WEB.pdfWe had the meeting with Judge Azrak as ordered and Judge Azrak granted us (plaintiffs) access to all documents that the defendants had previously provided to the NY Attorney General's office for their investigation on the Bayside Cemetery and Congregation Shaare Zedek matter (about 10 boxes of documents). Plaintiff's attorney Michael Buchman was to receive these documents(approximately 1100 documents) from the defendant's attorney within 1-2 days.
That same day (January 12, 2009), the defendants sent this letter to Judge Azrak
http://site.baysidecemeterylitigation.com/uploads/SCAN2972_000.pdfOn January 13, 2009, we (plaintiffs) sent this letter to Judge Azrak
http://site.baysidecemeterylitigation.com/uploads/AR-M620N_20090114_013554-WEB.pdfI will keep you posted on what happens next or check the website for updates.
More News:
Checkout the following press story about this case:
http://blogs.courant.com/itowns_fv/2009/01/a-simsbury-man-is-the.htmlAlso, checkout the following blog for more on the Bayside Cemetery matter:
http://citynoise.org/article/8696
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