AIELLOS et al v. ZISA et al

Filing 217

ORDER granting the Bergen County Prosecutor's motion to quash and/or for a protective order. Signed by Magistrate Judge Mark Falk on 1/18/2012. (nr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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Plaintiffs,
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-vs:
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CHIEF C. KENNETH ZISA, et al.,
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Defendants.
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____________________________________:
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ALLEN BORNTRAGER, et al.,
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Plaintiffs,
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-vs:
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CHIEF C. KENNETH ZISA, et al.,
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Defendants.
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____________________________________:
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JENNIFER FINLEY, et al.,
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Plaintiffs,
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-vs:
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CHIEF C. KENNETH ZISA, et al.,
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Defendants.
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____________________________________:
THOMAS AIELLOS, et al.,

Hon. William J. Martini
Civil Action No. 09-3076 (WJM)
(Lead Docket)

Hon. William J. Martini
Civil Action No. 09-6495 (WJM)
(Consolidated for Pretrial Purposes)

Hon. William J. Martini
Civil Action No. 10-512 (WJM)
(Consolidated for Pretrial Purposes)

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JOHN HERRMANN, et al.,
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Plaintiffs,
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-vs:
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CHIEF C. KENNETH ZISA, et al.,
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Defendants.
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LAURA CAMPOS, et al.,
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Plaintiffs,
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-vs:
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CHIEF C. KENNETH ZISA, et al.,
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Defendants.
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____________________________________:
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ANTHONY FERRAIOLI, et al.,
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Plaintiffs,
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-vs:
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CHIEF C. KENNETH ZISA, et al.,
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Defendants.
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____________________________________:

Hon. William J. Martini
Civil Action No. 10-2349 (WJM)
(Consolidated for Pretrial Purposes)

Hon. William J. Martini
Civil Action No. 10-2568 (WJM)
(Consolidated for Pretrial Purposes)

Hon. William J. Martini
Civil Action No. 09-2663 (WJM)
(Consolidated for Pretrial Purposes)

THESE MATTERS having come before the Court for a case management
conference on January 12, 2012; and the Court having heard the arguments of counsel
with respect to Defendant Bergen County Prosecutor’s Office’s motion to quash and/or
for protective order [Docket 10-2349; CM/ECF No. 57]; and the Court having carefully

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considered the papers submitted in support of and in opposition to the motion; and for the
reasons set forth on the record, which are incorporated herein at length; and for good
cause shown;
IT IS on this 18 th day of January 2012,
ORDERED that:
1.

The Bergen County Prosecutor’s motion to quash and/or for a protective
order [Docket 10-2349; CM/ECF No. 57] is GRANTED in the following
way. The December 10, 2010 Consent Order entered by the Undersigned
in all of these consolidated actions [e.g., Docket 10-2349; CM/ECF No. 81]
is amended so that Paragraphs 1-5 now state the following:
Paragraph 1.

In the matters of Aiellos, et al. v. Chief C. Kenneth
Zisa, et al., Borntrager, et al v. Chief C. Kenneth Zisa,
et al., Finley, et al. v. Chief C. Kenneth Zisa, et al.,
Campos, et al. v. Chief C. Kenneth Zisa, et al., and
Herrmann, et al. v. Chief C. Kenneth Zisa, et al., no
party will seek discovery, including third-party
discovery and/or asking questions at depositions,
related to any specific criminal charges pending against
any Defendants, including, but not limited to, C.
Kenneth Zisa (“Zisa”) and Danilo Garcia (“Garcia”);
and it is further

Paragraph 2.

ORDERED that in the above matters, no party will
seek discovery, including third-party discovery and/or
asking questions at depositions, related to the 2008
insurance fraud and 2004 theft incidents referred to in
the Campos and Herrmann Complaints; and it is
further

Paragraph 3.

ORDERED that the above limitations do not bar any
party from seeking discovery regarding these matters
after the above-referenced criminal proceedings have
been disposed of at the trial level; however,
Defendants retain and reserve all rights to object to the
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disclosure of any discovery; and it is further

Paragraph 4.

Paragraph 5.

2.

ORDERED that in the matter of Ferraioli, et al v. City
of Hackensack Police Department, et al., no party will
seek discovery, including third-party discovery and/or
asking questions at depositions, related to any criminal
charges pending against any Defendants, including, but
not limited to, C. Kenneth Zisa (“Zisa”) and Danilo
Garcia (“Garcia”) or the 2008 insurance fraud and
2004 theft incidents referred to in the Campos and
Herrmann Complaints; and it is further
ORDERED that the above limitations do not bar any
party in the Ferraioli matter from seeking discovery
regarding these matters after the above-referenced
criminal proceedings have been disposed of at the trial
level; however, Defendants retain and reserve all rights
to object to the disclosure of any discovery;

The remainder of the December 10, 2010 Consent Order shall remain in
full force and effect.

SO ORDERED.
s/Mark Falk
MARK FALK
United States Magistrate Judge

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