MITCHELL v. TOWNSHIP OF WILLINGBORO MUNICIPALITY GOVERNMENT et al

Filing 55

ORDERED that Deft Jeffrey Perez's 34 Motion to Dismiss is DENIED. Pltf Robert Mitchell's 37 Motion for Summary Judgment is DENIED. Deft Jeffrey Perez's 40 Motion for Summary Judgment is DENIED. ORDERED that Pltf is entitled to the appointment of Pro Bono Counsel and the Clerk is directed to select an attorney for appointment, etc. ORDERED that the case is TEMPORARILY STAYED pending the entry of Pro Bono Counsel, etc. (Copy of Order sent to CRD). Signed by Chief Judge Jerome B. Simandle on 11/28/2012. (drw)n.m.

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ROBERT MITCHELL, HON. JEROME B. SIMANDLE Plaintiff, Civil No. 11-1664 (JBS/JS) v. ORDER TOWNSHIP OF WILLINGBORO MUNICIPALITY GOVERNMENT, et al., Defendants. This matter having come before the Court upon Defendant Jeffrey Perez's motion to dismiss [Docket Item 34], Plaintiff Robert Mitchell's motion for summary judgment [Docket Item 37] and Defendant Jeffrey Perez's cross motion for summary judgment [Docket Item 40]; the Court having considered the submissions of the parties; for the reasons explained in the Opinion of today’s date; and for good cause shown; IT IS this 28th day of November, 2012 hereby ORDERED that Defendant Jeffrey Perez's motion to dismiss [Docket Item 34] is DENIED; and it is ORDERED that Plaintiff Robert Mitchell's motion for summary judgment [Docket Item 37] is DENIED; and it is ORDERED that Defendant Jeffrey Perez's cross motion for summary judgment [Docket Item 40] is DENIED; and it is ORDERED that the Plaintiff is entitled to the appointment of pro bono counsel and the Clerk of Court is hereby directed to select an attorney for appointment from the Civil Pro Bono Panel, in accordance with the procedures set forth in Appendix H, Local Civil Rules for the United States District Court for the District of New Jersey; and it is further ORDERED that the case is temporarily stayed pending the entry of new pro bono counsel, at which time a status conference will be convened before Judge Schneider on a date to be set by Judge Schneider. s/ Jerome B. Simandle JEROME B. SIMANDLE Chief U.S. District Judge 2

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