Yoder, et al v. Town of Morristown, et al

Filing 105

MOTION to Amend/Correct 13 Answer to Complaint to clarify and supplement an affirmative defense Motion Hearing set for 4/3/2012 11:00 AM in Albany before Senior Judge Neal P. McCurn Response to Motion due by 3/19/2012 filed by Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren. (Attachments: # 1 Declaration Laws Declaration, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Memorandum of Law, # 7 Appendix unreported case, # 8 Appendix unreported case, # 9 Appendix unreported case, # 10 Appendix unreported case, # 11 Appendix unreported case, # 12 Appendix unreported case, # 13 Appendix unreported case, # 14 Appendix unreported case, # 15 Affidavit certificate of service) Motions referred to Therese Wiley Dancks. (Laws, April)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
________________________________________________________
LEVI YODER, JONAS ZOOK, SAM ZOOK, JOHN L.
HERSHBERGER, MENNO S. HERSHBERGER, URIE
HERSHBERGER, MENNO L. GLICK, ANDY A. MILLER,
DANNIE L. SCHWARTZENTRUBER, MOSIE
SCHWARTZENTRUBER, PETER D. SCHWARTZENTRUBER,
BISHOP HARVEY MILLER, and BISHOP MOSE MILLER,
Plaintiffs,

Civil Case No.: 09-cv-0007
(TJM/GHL)

- against TOWN OF MORRISTOWN, LANETTA KAY DAVIS, in her
official capacity; FRANK L. PUTMAN, in his official capacity;
HOWARD WARREN, in his official capacity; DAVID STOUT, III,
in his official capacity; MARK BLANCHARD, in his official
capacity; CHRISTOPHER COFFIN, in his official capacity; and
GARY TURNER, in his official capacity,
Defendants.
__________________________________________________________

NOTICE OF MOTION
PLEASE TAKE NOTICE that upon the enclosed Declaration of April J. Laws, Esq., with
exhibits “A” through “D” attached thereto, Defendants’ Memorandum of Law, and upon all prior
pleadings and proceedings heretofore filed herein, the undersigned, on behalf of the Defendants,
shall move this court before the Neal P. McCurn, Senior USDJ at 11:00 a.m. on April 3, 2012, or as
soon thereafter as counsel may be heard, at t at the U.S. Courthouse and Federal Building, 445
Broadway, Albany, New York, for (a) an Order granting leave to amend their Answer pursuant to
FRCP 15(a) to clarify and supplement an Affirmative Defense; and (b) for such other and further
relief in favor of Defendants as the Court deems appropriate.
PLEASE TAKE FURTHER NOTICE that pursuant to Local Rule 7.1(b)(1) opposition

papers, if any, must be served upon the undersigned at least seventeen (17) days prior to the return
date.
Dated: February 17, 2012
LEMIRE JOHNSON, LLC

By:

TO:

Michael Mervis, Esq.
Jason Gerstein, Esq.
Daniel Goldberger, Esq.
Russell L. Hirschhorn, Esq.
Attorneys for Plaintiffs
Proskauer Rose, LLP
11 Times Square
New York, New York 10036
Tel: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
Eric C. Rassbach, Esq.
Eric N. Kniffin, Esq.
Lori H. Windham, Esq.
Attorney for Plaintiffs
The Becket Fund for Religious Liberty
3000 K St N.W. – Suite 200
Washington, D.C. 20007
Tel: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

2

s/April J. Laws
___________________________
Gregg T. Johnson (506443)
April J. Laws (517148)
Attorneys for Defendants
2534 Route 9 - P.O. Box 2485
Malta, New York 12020
[phone]