Court Adjourns Crown Castle v. Oyster Bay Pretrial Conference

U.S. Magistrate Judge James Wicks for Eastern New York in Central Islip entered an electronic order Sunday (docket 2:21-cv-06305) granting Crown Castle’s Friday joint motion with the town of Oyster Bay, New York, to adjourn sine die their Nov. 22 final pretrial conference amid Crown Castle’s announced plans to seek summary judgment in the nearly year-old wireless infrastructure case (see Ref:2211010002]). Also adjourned indefinitely is the parties’ Nov. 15 deadline to file their joint proposed pretrial order, said Wicks. If Crown Castle’s motion for summary judgment is denied, the joint proposed pretrial order will be due within 21 days of the denial order, he said. Crown Castle alleges that for more than six years, it has sought approvals from Oyster Bay to install 23 small wireless facilities to remedy significant gaps in reliable wireless services or to add capacity in high-demand areas. The company alleges the town’s zoning board has denied its request to install the facilities “without substantial evidence contained in a written record,” as Section 332 of the Telecommunications Act requires, it said.