FITZPATRICK v. COUNTY OF CAPE MAY et al

Filing 13

MEMORANDUM AND ORDER reopening and unconsolidating cases. Signed by Judge Renee Marie Bumb on 11/16/2020. (dmr)

Case 1:16-cv-01769-RMB-JS Document 13 Filed 11/17/20 Page 1 of 6 PageID: 100

NOT FOR PUBLICATION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)

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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

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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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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)

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Eric Konczyk v. County of Cape May, Civil
No. 16-1526 (RMB/JS)

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Thomas McNamar v. County of Cape May, Civil
No. 16-1974 (RMB/JS)

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Christopher Weldon v. County of Cape May,
Civil No. 16-2164 (RMB/JS)

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Adrian Mowery v. County of Cape May, Civil
No. 16-3016 (RMB/JS)

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Jason Madkiff v. County of Cape May, Civil
No. 16-3488 (RMB/JS)

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Harry Angstadt v. County of Cape May, Civil
No. 16-5607 (RMB/JS)

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Ronald Rivers v. County of Cape May, Civil
No. 16-6615 (RMB/JS)

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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)

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Sean Hillegass v. County of Cape May, Civil
No. 16-1687 (RMB/JS)

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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)

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Kenneth Richardson v. County of Cape May,
Civil No. 16-1939 (RMB/JS)

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Charles R. Harris, III v. County of Cape
May, Civil No. 16-1976 (RMB/JS)

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Zachary English v. County of Cape May, Civil
No. 16-2100 (RMB/JS)

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Dana M. Buddenhagen v. County of Cape May,
Civil No. 16-2237 (RMB/JS)

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Jimmy Testa v. County of Cape May, Civil
No. 16-2299 (RMB/JS)

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Richard Parker v. County of Cape May, Civil
No. 16-3393 (RMB/JS)

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Bobby Love v. County of Cape May, Civil No.
16-3461 (RMB/JS)

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Jonathan Bateman v. County of Cape May,
Civil No. 16-3432 (RMB/JS)

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Eric Chester v. County of Cape May, Civil
No. 16-3563 (RMB/JS)

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Serafin Garcia-Morales v. County of Cape
May, Civil No. 16-3564 (RMB/JS)

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Harry Wolf v. County of Cape May, Civil No.
16-3565 (RMB/JS)

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John Lloyd v. County of Cape May, Civil No.
16-3717 (RMB/JS)

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Michael Conklin v. County of Cape May, Civil
No. 16-4954 (RMB/JS)

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Frank Pattitucci v. County of Cape May,
Civil No. 16-5661 (RMB/JS)

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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)

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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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