Judge Orders Verizon to File Amended Complaint vs. N.Y. Town by Jan. 31

U.S. Magistrate Judge Daniel Stewart for Northern New York in Albany signed an order Wednesday (docket 1:22-cv-00107) granting the Aug. 8 unopposed motion of plaintiffs Verizon and Tarpon Towers II for leave to file their amended wireless infrastructure complaint against the town of Saugerties, New York (see 2301100029). The amended complaint is due Jan. 18, said the order. Verizon and Tarpon sued Saugerties in early February, alleging the town dragged its feet or unlawfully denied their two applications to build and install wireless facilities in the municipality, in violation of the Telecommunications Act. The court delayed acting on the motion to amend as it awaited the results of settlement talks, but those discussions haven't yielded a resolution. Verizon and Tarpon had asked the court to establish a “date certain” for the town to file its record of proceedings, suggesting Jan. 31 as that deadline. Saugerties doesn't oppose the date certain, but thinks the Jan. 31 deadline “is overly optimistic given the volume of the records,” the town’s outside counsel wrote U.S. District Judge Mae D'Agostino in a letter Wednesday, asking for 60 days instead. Stewart's order didn't impose a deadline on the town.