BAKER v. CITY OF ELIZABETH et al

Filing 52

ORDER denying 38 Motion for Default Judgment. The pleading served by plaintiff was previously stricken by the Court. The court will hold a telephone conference on 7/17/2015 at 9:30 a.m. Counsel for defendants shall appear in the Clerks Office v ideo conference center for the conference. South Woods State Prison shall produce plaintiff Baker (SBI 322457B) for the tele conference on the date and time set forth herein. Robert Varady, Esq., counsel for the Elizabeth defendants, shall serve a copy of this order upon South Woods State Prison and plaintiff Baker within the next seven days and follow up with the Prison seven days prior to the scheduled conference to confirm same. Signed by Magistrate Judge Steven C. Mannion on 1/8/15. (sr, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
BAKER,
Plaintiff,

Civil Action No.
2:11-CV-360 SDW-SCM

v.
CITY OF ELIZABETH, et al,
Defendants.

ORDER TERMINATING MOTION D.E. 38
TO ENTER DEFAUTL AND SETTING A
BRIEFING SCHEDULE

THIS MATTER having come before the Court on Thursday January 8, 2015 by way of telephone
conference on the record,
IT IS on this 8th Day of January, 2015 Ordered as follows:

1. Motion for Default: Plaintiff’s motion for default D.E. 38 is DENIED. The pleading served
by plaintiff was previously stricken by the Court.

2. Motion Practice: No motions are to be filed without leave from this Court. All dispositive
motions must first be the subject of a dispositive motion pre-hearing. These pre-requisites
must be met before any motions are filed and the motions will be returned if not met. All
calendar or dispositive motions, if permitted, shall comply with L. Civ. R. 7.1(b), and L. Civ.
R. 78.1. If a party fails to file a timely opposition, the court will consider and decide the
motion as uncontested, and ordinarily will grant the motion without further notice.
Plaintiff Baker abjured any and all claims set forth in the pleading filed at D.E. 39 against
defendant Lawrence Smith and Athanasio Mikros on the record. The City of Elizabeth
defendants shall move to dismiss in lieu of Answer under Rule 12 motion filed by 2/6/2015
Opposition is to be filed by 3/6/2015. Replies are to be filed by 3/16/2015. The motion will
returnable before the Hon. Susan D. Wigenton, U.S.D.J., and the Judge’s chambers will
advise whether oral argument will be requested.

3. Telephone Conference: The court will hold a telephone conference on 7/17/2015 at 9:30
a.m. Counsel for defendants shall appear in the Clerk’s Office video conference center for
the conference. South Woods State Prison shall produce plaintiff Baker (SBI 322457B) for
the tele conference on the date and time set forth herein. Robert Varady, Esq., counsel for
the Elizabeth defendants, shall serve a copy of this order upon South Woods State Prison
and plaintiff Baker within the next seven days and follow up with the Prison seven days prior
to the scheduled conference to confirm same.

FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER OR ANY
SUBSEQUENT SCHEDULING ORDERS ENTERED BY THIS COURT MAY
RESULT IN SANCTIONS. See Fed.R.Civ.P. 16(f) and 37.