Case: Stern v. The Town of Mount Kisco

7:05-cv-08574 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 6, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On October 6, 2005, Angela Stern, a restaurant owner in the Village of Mount Kisco, filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, challenging conduct of the Mount Kisco police and New York state liquor control officials. This case was one of several lawsuits filed against the Village/Town of Mount Kisco, alleging selective enforcement of local laws in an effort to drive Hispanic immigrants out of town. See IM-NY-38, IM-NY-39. T…

On October 6, 2005, Angela Stern, a restaurant owner in the Village of Mount Kisco, filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, challenging conduct of the Mount Kisco police and New York state liquor control officials. This case was one of several lawsuits filed against the Village/Town of Mount Kisco, alleging selective enforcement of local laws in an effort to drive Hispanic immigrants out of town. See IM-NY-38, IM-NY-39. This was the second case that Stern filed over alleged harassment caused or instigated by Mount Kisco officials. (See IM-NY-40)

Plaintiff Stern owned two restaurants in Mount Kisco, Au Fun Chinese Restaurant and Café La China. Each restaurant served Spanish type dishes as to cater to the largely Hispanic population of Mount Kisco. In 1999, Stern initiated litigation when her landlord refused to renew the lease of the Au Fun Chinese Restaurant and tried to evict her. Stern alleged that the eviction proceedings were pursued at the urging of Mount Kisco officials, as part of their anti-immigrant campaign. [See Stern v. Resnick, IM-NY-40] That case settled and Stern continued to operate Au Fun Chinese Restaurant.

In 2001, Stern opened a second restaurant in Mount Kisco, the Café La China, which had a predominately Hispanic clientele. Stern's second lawsuit alleged that Mount Kisco police engaged in a pattern of selective and discriminatory law enforcement which targeted Café La China. She alleged that police stopped, detained, questioned and harassed her customers, initiated various liquor control complaints and opened unfounded criminal investigations in violation of her constitutional rights.

Our information on case proceedings is limited, but it appears that the case was settled by the parties, as a stipulation for voluntary dismissal was filed on March 29, 2007.

Summary Authors

Dan Dalton (11/8/2007)

Related Cases

The Mount Kisco Worker’s Project v. The Village/Town of Mount Kisco, Southern District of New York (1996)

Melchor v. The Village/Town of Mount Kisco, Southern District of New York (1997)

Stern v. Resnick, Southern District of New York (1999)

People


Judge(s)

Robinson, Stephen C. (New York)

Attorneys(s) for Plaintiff

Svetkey, Jonathon (New York)

Attorneys(s) for Defendant

Ghartey, Mbiabah Lisa (New York)

Spitzer, Eliot (New York)

Judge(s)

Robinson, Stephen C. (New York)

Attorneys(s) for Plaintiff

Svetkey, Jonathon (New York)

Attorneys(s) for Defendant

Ghartey, Mbiabah Lisa (New York)

Spitzer, Eliot (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

Aug. 1, 2007 Docket
7

Amended Complaint

Dec. 14, 2005 Complaint
11

Memorandum of Law in Support of State Defendants’ Motion to Dismiss the Complaint

Feb. 16, 2006 Pleading / Motion / Brief

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against The Town of Mount Kisco, The Mount Kisco Police Department, The State of New York Division of Alcoholic Beverage Control. (Filing Fee $ 250.00, Receipt Number 557333). Document filed by Angela Stern.(dcr, ) (Entered: 10/07/2005)

Oct. 6, 2005

CASE REFERRED TO Judge Judge McMahon as possibly Similar to 7:99cv10053. (dcr, ) (Entered: 10/07/2005)

Oct. 6, 2005

Case Designated ECF. (fk, ) (Entered: 10/19/2005)

Oct. 6, 2005
2

CASE DECLINED AS NOT SIMILAR. Case referred as similar to 7:99cv10053 and declined by Judge Colleen McMahon and returned to wheel for assignment.... This is not a related case under the related case rule. I am not Mrs. Stern's personal judge. (fk, ) (Entered: 10/19/2005)

Oct. 7, 2005
3

NOTICE OF CASE ASSIGNMENT to Judge Stephen C. Robinson. Judge Unassigned no longer assigned to the case. (fk, ) (Entered: 10/19/2005)

Oct. 17, 2005

Magistrate Judge Lisa Margaret Smith is so designated. (fk, ) (Entered: 10/19/2005)

Oct. 17, 2005
4

ENDORSED LETTER addressed to Judge Stephen C. Robinson from John Carmody dated 11/2/05 re: Granting request that the time for the defendants to appear, answer or to make any motion w/ respect to the S&C in this action shall be extended up to and including 11/30/05 to allow us time to investigate the claims and to provide an appropriate response thereto. (Signed by Judge Stephen C. Robinson on 11/3/05) "The Clerk's Office Has Mailed Copies".(ae, ) (Entered: 11/07/2005)

Nov. 4, 2005

Set Answer Due Date purs. to 4 Endorsed Letter, as to The Town of Mount Kisco answer due on 11/30/2005; The Mount Kisco Police Department answer due on 11/30/2005. (ae, ) (Entered: 11/07/2005)

Nov. 4, 2005
5

ENDORSED LETTER addressed to Judge Stephen C. Robinson from Lisa Ghartey dated 11/9/05 re: State Defendant, the New York State Liquor Authority, requests a three week extension to and including 11/30/05, in which to respond to the Complaint., The State of New York Division of Alcoholic Beverage Control answer due 11/30/2005. (Signed by Judge Stephen C. Robinson on 11/10/05) "The Clerk's Office Has Mailed Copies".(ae, ) (Entered: 11/15/2005)

Nov. 10, 2005
6

ENDORSED LETTER addressed to Judge Stephen C. Robinson from John Carmody dated November 17, 2005 re: request that time to respond to the amended complaint be extended until December 31, 2005... Endorsement: The scheduling order is due January 16, 2006. The 12/30 conference is adjourned. So Ordered. (Signed by Judge Stephen C. Robinson on 11/21/2005) (tb, ) (Entered: 11/28/2005)

Nov. 23, 2005
7

AMENDED COMPLAINT amending 1 Complaint against The Town of Mount Kisco, The Mount Kisco Police Department, The State of New York Division of Alcoholic Beverage Control.Document filed by Angela Stern. Related document: 1 Complaint filed by Angela Stern,.(ae, ) (Entered: 12/21/2005)

Dec. 14, 2005

AMENDED SUMMONS ISSUED as to The Town of Mount Kisco, The Mount Kisco Police Department, The State of New York Division of Alcoholic Beverage Control. (ae, ) (Entered: 12/21/2005)

Dec. 14, 2005
8

ENDORSED LETTER addressed to Judge Stephen C. Robinson from Jonathan Svetkey dated 1/4/06 re: Request for an extension of time to file scheduling order to 2/24/06. Endorsement: So Ordered. (Signed by Judge Stephen C. Robinson on 1/4/06) (fk, ) (Entered: 01/06/2006)

Jan. 6, 2006
9

ANSWER to Complaint. Document filed by The Mount Kisco Police Department.(Santangelo, Michael) (Entered: 01/31/2006)

Jan. 31, 2006
10

MOTION to Dismiss Plaintiff's Complaint . Document filed by The State of New York Division of Alcoholic Beverage Control. Responses due by 3/9/2006 (Attachments: # 1 Affidavit Notice of Motion to Dismiss# 2 Affidavit Declaration of Lisa Ghartey# 3 Exhibit Ghartey Dec ExA# 4 Exhibit Ghartey Dec ExB)(Ghartey, Mbiabah) (Entered: 02/16/2006)

Feb. 16, 2006
11

MEMORANDUM OF LAW in Support re: 10 MOTION to Dismiss Plaintiff's Complaint .. Document filed by The State of New York Division of Alcoholic Beverage Control. (Ghartey, Mbiabah) (Entered: 02/16/2006)

Feb. 16, 2006
12

MOTION to Withdraw against State Defendants New York Division of Alcoholic Beverage Control, Investigator Frank Englander and "other individual employees of the State of New York Division of Alcoholic Beverage Control . Document filed by The State of New York Division of Alcoholic Beverage Control. (Ghartey, Mbiabah) (Entered: 03/08/2006)

March 8, 2006

Minute Entry for proceedings held before Judge Stephen C. Robinson : Initial Pretrial Conference held on 6/9/2006. Judge's Decision: Next PTC set for Sine Die. No Court Reporter. Submitted By: Brandon Skolnik, Courtroom Deputy. (dcr, ) (Entered: 06/15/2006)

June 9, 2006
13

SCHEDULING ORDER: Amended Pleadings due by 10/6/2006. Joinder of Parties due by 10/6/2006. Deposition due by 1/5/2007. Discovery due by 3/3/2007. Interrogatories are to be served by all counsel no later than 10/6/06 and responses to such interrogatories shall be served within thirty days thereafater. Any further interrogatories, including expert interrogatories to be served no later than 2/5/2007, Request to admit, if any to be served no later than 2/5/2007. So Ordered. (Signed by Judge Stephen C. Robinson on 9/22/2006) The Clerk's Office Has Mailed Copies.(cg, ) (Entered: 09/25/2006)

Sept. 22, 2006
14

ENDORSED LETTER addressed to Judge Stephen C. Robinson from James Randazzo dated 9/28/06 re: Request for an adjournment of conference date to 1/12/07 at 10:00 am. Endorsement: Application Granted. (Signed by Judge Stephen C. Robinson on 9/29/06) (fk, ) (Entered: 10/03/2006)

Oct. 2, 2006
15

NOTICE of Voluntary Dismissal pursuant to Rule 41(a)(1) of the F.R.C.P....So Ordered. (Signed by Judge Stephen C. Robinson on 3/28/07) (fk) (Entered: 04/02/2007)

March 29, 2007
16

STIPULATION OF DISCONTINUANCE with prejudice... without costs. (Signed by Judge Stephen C. Robinson on 08/01/2007) (jma) (Entered: 08/03/2007)

Aug. 1, 2007

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 6, 2005

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Owner of restaurant that catered to predominately Latino clientele.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Town of Mount Kisco (Mount Kisco), City

The Mount Kisco Police Department, City

State of New York Division of Alcoholic Beverage Control, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Discrimination-basis:

National origin discrimination

Race discrimination

Immigration/Border:

Constitutional rights

Undocumented immigrants - rights and duties