WELCH v. CAPE MAY COUNTY CORRECTIONAL CENTER et al
Filing
116
MEMORANDUM AND ORDER reopening and unconsolidating cases. Signed by Judge Renee Marie Bumb on 11/16/2020. (dmr)
Case 1:15-cv-08745-RMB-JS Document 116 Filed 11/17/20 Page 1 of 6 PageID: 406
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
_____________________________
GERALD DEARIE and
JERMAINE MILLS, on behalf of
themselves and all other
similarly situated persons,
and FREDERICK SCHARTNER,
individually,
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Plaintiffs
v.
CAPE MAY COUNTY;
CAPE MAY COUNTY SHERIFF’S
DEPARTMENT; and UNKNOWN
CORRECTIONS OFFICERS, in
their individual capacities,
Civ. No. 15-8785(RMB/JS)
MEMORANDUM AND ORDER
APPLIES TO ALL ACTIONS
Defendants
______________________________
In re Cape May County
Correctional Center
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Civ. No. 15-8745(RMB/JS)
______________________________
This matter comes before the Court upon the letter request of
class counsel for Plaintiffs in Dearie v. Cape May County, Civil
Action
No.
15-8785(RMB/JS),
to
reopen
the
related
individual
lawsuits that were consolidated and stayed in Welch v. Cape May
Case 1:15-cv-08745-RMB-JS Document 116 Filed 11/17/20 Page 2 of 6 PageID: 407
County Correctional Center, Civil No. 15-8745 (RMB/JS) (Letter,
Dkt. No. 115.)
WHEREAS Dearie 15cv8785(RMB-JS) was certified as a class
action and Magistrate Judge Joel Schneider granted final approval
to the class action settlement on September 28, 2020 (Dkt. No.
247), the time for appeal has expired, and settlement has been
consummated;
WHEREAS,
individual
twenty
of
with
respect
lawsuits,
those
Attorney
plaintiffs
to
the
Surinder
and
the
forty-four
K.
consolidated
Aggarwal
remaining
represents
twenty-four
plaintiffs are pro se;
WHEREAS Cape May County is defended in all matters by Richard
L. Goldstein, Esquire;
WHEREAS eleven of the individual plaintiffs represented by
Attorney Aggarwal have agreed to dismiss their individual lawsuits
based on the class action settlement reached in Dearie;
WHEREAS Attorney Aggarwal’s attempts to contact the remaining
nine of his clients have been unsuccessful because his phone calls
and his letters remain unanswered;
IT IS therefore on this 16th day of November 2020,
ORDERED that the stay of the consolidated action in Welch,
15cv8745(RMB/JS), is lifted; and it is further
ORDERED that the Clerk of the Court shall reopen the following
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Case 1:15-cv-08745-RMB-JS Document 116 Filed 11/17/20 Page 3 of 6 PageID: 408
actions so that Stipulations of Dismissal with prejudice may be
filed based on the class action settlement:
•
Jose Saez v. County of Cape May, Civil No. 161351 (RMB/JS)
•
John Hewett v. County of Cape May, Civil No.
16-1352 (RMB/JS)
•
Lawrence V. Sheeron v. County of Cape May,
Civil No. 16-1478 (RMB/JS)
•
David Fessler v. County of Cape May, Civil No.
16-1865 (RMB/JS)
•
Brett Delaney v. County of Cape May, Civil No.
16-2380 (RMB/JS)
•
Michael Kelly v. County of Cape May, Civil No.
16-2447 (RMB/JS)
•
Arthur Schellinger v. County
Civil No. 16-2584 (RMB/JS)
•
Paul Alexander v. County of Cape May, Civil
No. 16-4253 (RMB/JS)
•
Thomas Chanoux v. County of Cape May, Civil
No. 16-5606 (RMB/JS)
•
Miguel Redway v. County of Cape May, Civil No.
16-5898 (RMB/JS)
•
Erik Meyer v. County of Cape May, Civil No.
16-5899 (RMB/JS)
of
Cape
May,
ORDERED that the Clerk of Court shall reopen the individual
lawsuits in the following actions, for possible dismissal under
Local Civil Rule 10.1(a):
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•
Edward Reichle v. County of Cape May, Civil
No. 16-1465 (RMB/JS)
•
Eric Konczyk v. County of Cape May, Civil
No. 16-1526 (RMB/JS)
•
Thomas McNamar v. County of Cape May, Civil
No. 16-1974 (RMB/JS)
•
Christopher Weldon v. County of Cape May,
Civil No. 16-2164 (RMB/JS)
•
Adrian Mowery v. County of Cape May, Civil
No. 16-3016 (RMB/JS)
•
Jason Madkiff v. County of Cape May, Civil
No. 16-3488 (RMB/JS)
•
Harry Angstadt v. County of Cape May, Civil
No. 16-5607 (RMB/JS)
•
Ronald Rivers v. County of Cape May, Civil
No. 16-6615 (RMB/JS)
•
Alfred Nelson v. County of Cape May, Civil
No. 16-7361 (RMB/JS);
ORDERED that the Clerk shall reopen the individual lawsuits
filed by the following pro se plaintiffs:
•
Thomas M. Rodier v. County of Cape May,
Civil No. 16-1464 (RMB/JS)
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Jermaine Mills v. County
Civil No. 16-1466 (RMB/JS)
•
Sean Hillegass v. County of Cape May, Civil
No. 16-1687 (RMB/JS)
•
Alex Vasquez Gonzalez v. County of Cape May,
Civil No. 16-1768 (RMB/JS)
4
of
Cape
May,
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•
Derick L. Fitzpatrick v. County of Cape May,
Civil No. 16-1769 (RMB/JS)
•
Khamal Smith v. County of Cape May, Civil
No. 16-1866 (RMB/JS)
•
Sean Tomes v. County of Cape May, Civil No.
16-1912 (RMB/JS)
•
Kenneth Richardson v. County of Cape May,
Civil No. 16-1939 (RMB/JS)
•
Charles R. Harris, III v. County of Cape
May, Civil No. 16-1976 (RMB/JS)
•
Zachary English v. County of Cape May, Civil
No. 16-2100 (RMB/JS)
•
Dana M. Buddenhagen v. County of Cape May,
Civil No. 16-2237 (RMB/JS)
•
Jimmy Testa v. County of Cape May, Civil
No. 16-2299 (RMB/JS)
•
Richard Parker v. County of Cape May, Civil
No. 16-3393 (RMB/JS)
•
Bobby Love v. County of Cape May, Civil No.
16-3461 (RMB/JS)
•
Jonathan Bateman v. County of Cape May,
Civil No. 16-3432 (RMB/JS)
•
Eric Chester v. County of Cape May, Civil
No. 16-3563 (RMB/JS)
•
Serafin Garcia-Morales v. County of Cape
May, Civil No. 16-3564 (RMB/JS)
•
Harry Wolf v. County of Cape May, Civil No.
16-3565 (RMB/JS)
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Case 1:15-cv-08745-RMB-JS Document 116 Filed 11/17/20 Page 6 of 6 PageID: 411
•
John Lloyd v. County of Cape May, Civil No.
16-3717 (RMB/JS)
•
Michael Conklin v. County of Cape May, Civil
No. 16-4954 (RMB/JS)
•
Frank Pattitucci v. County of Cape May,
Civil No. 16-5661 (RMB/JS)
•
Jason Popplewell v. County of Cape May,
Civil No. 16-5662 (RMB/JS)
•
Barry Bump v. County of Cape May, Civil No.
16-5758 (RMB/JS)
•
Brian Duley v. County of Cape May, Civil
No. 16-6287 (RMB/JS);
ORDERED that the Clerk shall reopen the individual lawsuit
filed by Christopher Welch, Civ. No. 15-8745 (RMB/JS), Attorney
Agarwal is permitted to withdraw as counsel for Mr. Welch; and it
is further
ORDERED that these actions are no longer consolidated and
shall proceed individually.
s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE
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