SABATINO v. UNION TOWNSHIP et al
Filing
30
AMENDED OPINION. Signed by Judge Jose L. Linares on 1/31/12. (DD, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ARTHUR SABATINO,
Civil Action No.: I 1-1656 (JLL)
Plaintiff,
AMENDED OPINION
V.
UNION TOWNSHIP et al.,
Defendants.
LINARES, District Judge.
This Opinion is amended to correct an inadvertent administrative error. The prior
Opinion, issued on January 17, 2012 (CM/ECF No. 29), contained two consecutive pages
with the same numbering and substantially the same content. Thus, the intended Opinion
follows.
This matter comes before the Court by way of a motion for judgment on the
pleadings pursuant to Federal Rule of Civil Procedure 12(c) by Defendant Union County
Prosecutor’s Office (“Defendant”).’ As the motion is unopposed, the Court has
considered the submissions made by Defendant Union County Prosecutor’s Office and
decides the matter without oral argument. Fed. R. Civ. P. 78. For the reasons
set forth
below, Defendant’s motion is GRANTED.
1 The Court
notes that Defendant submitted a letter brief in support of the motion for judgm
ent on the
pleadings which violates Local Rule 7.1. However, there being no objection
by Plaintiff, the Court will
nonetheless consider Defendant’s submission in this instance but directs that
all future submissions comply
with the local rules or risk denial of the relief sought. See
Holster v. McMaster-Carr Supply Co., Civ
No, 04-1791, 2006 WL 2864643, at *12 n.9 (D.N.J. Oct. 4,2006) (“Plaintiff’s counse
l is forewarned that
future submissions must comply with both the Federal and Local Rules of Civil Proced
ure, or said
submissions will be precluded from consideration.”)
1
I.
BACKGROUND
As the Court writes oniy for the parties, a familiarity with the underlying factual
and procedural background of this case will be assumed and will not be repeated here
except where necessary to provide proper context for the discussion below. This action
arises out of an alleged violation of Plaintiff Arthur Sabatino’s (“Plaintiff”) civil rights on
April 26, 2009, when Plaintiff was arrested in response to a 91 1 call made by his
daughter. Allegedly, Plaintiff Sabatino’s daughter, Jennifer, placed the call to 911 and
told the operator that her father was “mentally and physically ill” and “also dangerous.”
(Compi.
¶ 8).
During the call Jennifer also stated that Plaintiff probably had a loaded gun
but also emphasized that he was very sick and that he was “in and out of consciousness.”
(Id.) Members of the Union Township Police Department responded to the 911 call and
directed Plaintiff to come outside over loud speaker, but Plaintiff was allegedly too ill to
hear or respond to their commands. (Compl.
¶ 9).
Officers then entered Plaintiffs
residence and used a series of “flash-bang” grenades, which resulted in the death of
Plaintiffs pet, and forcibly detained Plaintiff. (Id.) Plaintiff alleges that the officers
failed to take into account his shoulder disability, despite the fact that he informed the
officers thereof. (Id.)
Plaintiff alleges that he was discriminated against on the basis of a disability and
deprived of his right of due process by members of the Union Township Police
Department and the Union County Sheriffs Office. Notably, Plaintiff does not allege
any specific facts regarding the Union County Prosecutors Office, and Plaintiff
affirmatively states that he has not been charged with a crime in connection with his
arrest. (Cornpl.
¶
14).
2
II.
LEGAL STANDARD
Rule 12(c) provides that “[a]fter the pleadings are closed-but early enough not to
delay trial
—
a party may move for judgment on the pleadings.” Where, as here, the
movant alleges that the complaint fails to state a claim upon which relief can be granted,
the court applies the same standards as under Rule 1 2(b)(6).
Turbe v. Government of
Virgin Islands, 938 F.2d 427, 428 (3d Cir. 1991).
In order to survive a motion to dismiss under Federal Rule of Civil Procedure
1 2(b)(6). a complaint “must contain sufficient factual matter, accepted as true, to state a
claim to relief that is plausible on its face.” Ashcroft v. Igbal, 556 U.S. 662, 129 S.Ct.
1937, 1949 (2009) (citing Bell Ati. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955
(2007)). In determining whether a complaint is sufficient, a court must accept all wellpleaded factual allegations as true and draw all reasonable inferences in favor of the
non-
moving party. Phillips v. County of Allegheny, 515 F.3d 224, 234 (3d Cir. 2008).
However, a court need not credit “[t]hreadbare recitals of the elements of a cause of
action, supported by mere conclusory statements,” Igbal, 129 S.Ct. at 1949.
Iii.
DISCUSSION
First, an analysis of the facts set forth in Plaintiff Complaint clearly indicates that
Plaintiffs claim is devoid of any factual assertions regarding the Union County
Prosecutor’s Office or any individual Union County Prosecutor. Thus, Plaintiff fails to
state a claim upon which there is a plausible right to relief.
3
Further, Plaintiff brings his claims under Section 1983 of Title 42 of the United
States Code, which authorizes plaintiffs to seek redress for the violation of rights granted
2
by the Constitution or laws of the United States committed or caused by a person acting
under color of state law. However, the Union County Prosecutor’s Office is not a
3
“person” within the meaning of Section 1983. Palmerini v. Burgos, Civ No. 10-210,
2011 WL 3625104 at
*
8 (D.N.J. August 15, 2011) (“[C]ourts within the Third Circuit
have consistently and uniformly held that the Eleventh Amendment precludes federal
suits against New Jersey county prosecutors, as well as their offices and staff, arising out
of their law enforcement functions on the basis that the real party in interest in these suits
is the State of new Jersey”); Nugent v. County of Hunterdon, No. 09-2710, 2010 WL
1949359 (D.N.J. May 14, 2010); Watkins v. Attorney General of New Jersey, Civ No.
06-1391, 2006 WL 2864631 at
*
3 (D.N.J. October 4, 2006) (“[A county prosecutor’s
office] is not subject to suit under
§
1983 because the Prosecutor’s Office is not a
government entity which can be sued under
§
1983 separate from the individual who is
the county prosecutor or the governmental entity that the county prosecutor serves”
).
In addition, Eleventh Amendment immunity applies to state entities and officials
where “the state is the real, substantial party in interest.” Regents of the Univ. of
Cal. v.
Doe, 519 U.S. 425, 429, 117 S.Ct.900 (1997) (internal quotations omitted). County
2
Plaintiff additionally brings suit pursuant to the following: 42 U.S.C. 1985, which
pertains to
§
conspiracies to interfere with civil rights; “the New Jersey Constitutioi and/or the
New Jersey civil Rights
Act, N.J.S.A. Section 10:6-1 etçq”; the Americans with Disabilities Act, 42 U.S.C.
§l2131-165 and
Section 504 of the Rehabilitation Act of 1973. (Compl., I). Although Plaintiff
does not specify to which
defendants he is referring, as discussed above, Plaintiff does not allege any facts sufficient
to state a
plausible right to relief against the Union county Prosecutor’s Office on any of the
above grounds.
Section 1983 provides in relevant part: “Every person who, under color of any statute,
ordinance,
regulation, custom, or usage, of any State or Territory. subjects, or causes to be
subjected, any citizen of
the United States or other person within the jurisdiction thereof to the deprivation
of any rights, privileges,
or immunities secured by the Constitution and laws, shall be liable to the party injured
in an action at law,
suit in equity, or other proper proceeding for redress.” 42 U.S.C. 1983.
§
.
4
.
prosecutorial offices conduct two different sets of functions: “(1) the administrativ
e
functions of operating their offices, and (2) the classic law enforcement and investigative
functions for which they are chiefly responsible.” Beightler v. Office of Essex County
Prosecutor, 342 Fed.App’x. 829, 832 (3d. Cir. 2009) (quoting Coleman v. Kaye,
87 F.3d
1491 (3d Cir. 1996)). A county prosecutor “in effect acts on behalf of the county that is
the situs of his or her office” in connection with administrative tasks unrelated to
prosecutorial functions. Coleman, 87 F.3d at 1499. However, “[w]hen New Jersey
county prosecutors engage in classic law enforcement and investigative functions, they
act as ofticers of the state.” Beightier, 342 Fed.App’x at 832. Thus, Eleventh
Amendment immunity applies and bars a damage action under section 1983. Will v.
Michigan Dept. of State Police, 491 U.S. 58, 71(1989); Coleman, 87 F.3d at 1499, 1505.
Finally, while the Third Circuit has adopted a liberal approach to the amendment
of pleadings, leave to amend a complaint should not be permitted where it would be
futile.
Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002). “Futility
means that the complaint, as amended, would fail to state a claim upon which relief could
be granted.” Shane v. Fauver, 213 F.3d 113, 115 (3d Cir. 2000) (citing In re Burlington
Coat Factory Sec. Litig., 114 F.3d 1410, 1434 (3d Cir. 1997)) (internal quotations
omitted). Here, as discussed above, Plaintiffs claims do not relate to any administrative
tasks unrelated to prosecutorial functions. In fact, the only action or inaction that relates
to the Union County Prosecutor’s Office is that Plaintiff has not been charged in
connection with his arrest on April 26, 2009. Thus, amendment would be futile and
Plaintiffs claims as to Defendant Union County Prosecutor’s Office will be dismissed
with prejudice.
5
IV.
CONCLUSION
For the reasons stated above, the Court GRANTS Defendant’s motion for
judgment on the pleadings and dismisses claims against Defendant Union County
Prosecutor’s Office with prejudice.
An appropriate Order accompanies this Opinion.
DATED:
L.
States District Judge
6
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2:99-cr-00072-JLL USA v. DAYS
Petition and Order for Warrant VOSR 39
Docket Text:
PETITION AND ORDER FOR ISSUANCE OF ARREST WARRANT for VIOLATION OF
SUPERVISED RELEASE as to JOSEPH DAYS. Warrant issued, (jn).. Signed by Judge Jose
L. Linares
on 1/30/12. (jn,)
2:99-cr-00072-JLL USA v. DAYS
Warrant Issued 40
Docket Text: *Sealed Entry*
ARREST Warrant Issued in case as to JOSEPH DAYS. (jn,)
2:07-cv-02074-JLL -MAH STEBCO iNC. v. ADVANCED ENGINEERiNG CO.
et al
Set/Reset Hearings
Docket Text:
Reset Hearing: The Telephone Status Conference set for 2/10/2012 has been adjourned
to 2/21/2012 at
2:30 p.m. with Magistrate Judge Michael A. Hammer. Please mark your calendars accordingly.
(jqb)
file://C:\Documents and Settings\lrodriguez\Local Settings\Temp\notes9954CD\web2070....
2/1/2012
Page2oflo
2:07-cv-05325-JLL-ES SAMPANG et at v. AT&T MOBILITY LLC et al
Show Cause Hearing 4
Docket Text:
Minute Entry for proceedings held before Judge Jose L. Linares: Show Cause Hearing held on
1/30/20 12. (Court Reporter/Recorder PHYLLIS T. LEWIS.) (ir,)
2:08-cv-01798-JLL -MAH BRUMLEY v. CAMIN CARGO CONTROL, INC.
Opinion
Docket Text:
OPINION. Signed by Judge Jose L. Linares on 1/30/20 12. (nr,)
2:08-cv-01798-JLL -MAll BRUMLEY v. CAMIN CARGO CONTROL, INC.
Order on Motion to Seal Document 226
Docket Text:
ORDER denying [223] Motion to Seal Document settlement agreement. Signed by Judge Jose L.
Linares on 1/30/2012. (nr,)
2:08-cv-01946-JLL -MAll LAVERDE et at v. SIRUS AMERICAN INSURANCE COMPANY et
al
Bench Trial Completed
-
Docket Text:
Minute Entry for proceedings held before Judge Jose L. Linares: Bench Trial completed on 1/31/2012.
(Court Reporter/Recorder PHYLLIS T. LEWIS.) (ir,)
2:08-cv-03220-JLL -MAll LATEEF v. VISION et at
Letter 123
Docket Text:
Letter from Adam M. Slater regarding trial date. (SLATER, ADAM)
2:08-cv-06285-JLL-MAH GOOW v. TORRES et at
Set/Reset Motion and R&R Deadlines/Hearings
Docket Text:
Set Deadlines as to [88] MOTION to Vacate [50] Order and to Enter New Protective Order, [90]
MOTION to Seal Materials Filed In Docket Number 88 Under Seal Pursuant to Local Rule 5.3. Motion
set for 3/5/2012 before Judge Jose L. Linares. The motion will be decided on the papers. No appearances
required unless notified by the court. (jd,)
2 08-cv-06285-JLL-MAH GOOW v TORRES et at
Motions Referred
file://C:\Documents and Settings\lrodriguez\Local Settings\Temp\notes9954CD\web2070....
2/1/2012
Page 3 oflO
Docket Text:
MOTIONS [90] MOTION to Seal Materials Filed In Docket Number 88 Under Seal Pursua
nt to Local
Rule 5.3 REFERRED to Michael A. Hammer. (Ir,)
2:09-cv-01068-JLL-MAH CARTWRIGHT v. NEW JERSEY TRANSIT RAIL OPER
ATIONS,
INC.
Status Conference
Docket Text:
Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Teleph
one Status
Conference held on 1/31/2012. (Placed on the record/ECR) (jqb)
2:09-cv-04751-JLL-MAH TOYS “R” US, INC.
LLC
Letter 103
V.
SCHIMENTI CONSTRUCTION COMPANY,
Docket Text:
Letter from Peter Strniste on behalf of Defendant, Schimenti Construction Compa
ny, LLC. (LEONG,
ELIZABETH)
2:09-cv-04751-JLL-MAH TOYS “R” US, INC. v. SCHIMENTI CONSTRUC
TION COMPANY,
LLC
Answer to Third Party Complaint 4
Docket Text:
ANSWER to Third Party Complaint Second Amended, CROSSCLAIM against All
Defendants by
HACKENSACK STEEL CORP.. (Attachments: # (1) Certificate of Service)(SM
ITH, WENDY)
2:09-cv-04751-JLL-MAH TOYS “R” US, INC. v. SCHIMENTI CONSTRUC
TION COMPANY,
LLC
Letter 105
Docket Text:
Letter from Thomas M. Madden, Esq., (MADDEN, THOMAS)
2:09-cv-06355-JLL -MAH WILLIAMS v. DZOBA et al
Motions Referred
Docket Text:
MOTIONS [54] MOTION to Amend/Correct REFERRED to Michael A. Hamm
er. (ir,)
2:09-cv-06500-JLL -MAll SALAZAR v. GUSTAVON et al
Order Dismissing Case 44
Docket Text:
ORDER DISMISSING CASE as settled w/out costs & w/out prejudice. Signed
by Judge Jose L. Linares
file://C:\Documents and Settings\lrodriguez\Local Settings\Temp\notes9
954CD\-web2070....
2/1/2012
Page4oflo
on 1/30/12. (sr,)
2:iO-cv-03100-JLL-MAH WYNDHAM HOTELS AND RESORTS, LLC
ESTATE DEVELOPMENT CORPORATION et al
Add and Terminate Attorneys
Docket Text:
Attorney MICHAEL S. MEISEL terminated.,
V.
INTERSITE REAL
Party MICHAEL S. MEISEL terminated. (jjq,)
2:iO-cv-03100-JLL-MAH WYNDHAM HOTELS AND RESORTS. LLC
ESTATE DEVELOPMENT CORPORATION et al
Mediation Successful
V.
INTERSITE REAL
V.
INTERSITE REAL
Docket Text:
Mediation Successful (jjq,)
2:1O-cV-03100-JLL-MAH WYNDHAM HOTELS AND RESORTS, LLC
ESTATE DEVELOPMENT CORPORATION et al
Staff Notes (court-only)
Docket Text:
***per fax, Mediation was successful.*** (jjq,)
2:lO-cv-03254-JLL -MAll KNEIPP et al v. CITY OF NEWARK, NEW JERSE
Y
Settlement Conference
Docket Text:
Minute Entry for proceedings held before Magistrate Judge Michael A. Hamm
er: Settlement Conference
held on 1/31/2012. (jqb)
2 1O-cv-03395-JLL -MAll DE BlASE
Letter 34
V
MELKER et al
Docket Text:
Letter from Nicholas R. De Biase to Judge Hammer requesting a copy of the
transcript of 12/30/il, etc.
(jd,)
2:1O-cv-06060-JLL -MAll WORTENDYKE v. THE PRUDENTIAL INSUR
ANCE COMPANY
OF AMERICA
Letter Rule 7.1 33
Docket Text:
Rule 7.l(d)(5) Letter for an automatic extension of the return date of a
dispositive motion re [32]
MOTION for Summary Judgment. (WETTZ, SARIT)
2:IO-cv-06060-JLL -MAll WORTENDYKE v. THE PRUDENTIAL
INSURANCE COMPANY
file://C :\Documents and Settings\lrodriguez\Local Settings\Temp\notes9
954CD\web2070....
2/1/2012
Page 5 of 10
OF AMERICA
Lefter Rule 7.1 34
Docket Text:
Rule 7. 1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re [26]
MOTION for Summary Judgment Notice ofMotion. (PETERS, NADA)
2:10-cv-06262-JLL-MAH RAIMEY v. WERNER ENTERPRISESg INC. et at
Order 20
Docket Text:
TEXT ORDER: The Telephone Status Conference set for 2/1/20 12 with Magistrate Judge Micha
el A.
Hammer has been adjourned without a new date. So Ordered by Magistrate Judge Michael A. Hamm
er
on 1/31/2012. (jqb)
2:10-cv-06394-JLL -CCC NEW JERSEY REGIONAL COUNCIL OF CARPENTERS et al v.
HAUTZ CONSTRUCTION
Application/Petition fl
Docket Text:
APPLICATION and Order for special appointment to serve process for writ of execution by NEW
JERSEY CARPENTERS FUNDS AND THE TRUSTEES THEREOF, NEW JERSEY REGIO
NAL
COUNCIL OF CARPENTERS. (ma)
2:i0-cv-06394-JLL -CCC NEW JERSEY REGIONAL COUNCIL OF CARPENTERS
et al v.
HAUTZ CONSTRUCTION
Writ of Execution Issued
Docket Text:
Writ of Execution Issued recorded in Book N 12 Page 17 of Executions (Mailed to Couns
el). (ma)
2:11-cv-00062-JLL -MAH GURDAK v. UNITED STATES OF AMERICA
Letter 21
Docket Text:
Letter from Defendant United States of America re Plaintiffs Motion for Substitution.
(URGENT,
ALLAN)
2:Il-cv-00856-JLL -MAH RAMADA WORLDWIDE INC. v. GOOD IMAGE HOSP
ITALITY
INC. et al
Status Conference
Docket Text:
Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Teleph
one Status
Conference held on 1/31/2012. (jqb)
file://C:\Documents and Settings\lrodriguez\Local Settings\Temp\notes9954CD
\-web2070.
...
2/1/20 12
Page6oflo
2:1i-cv-01972-JLL -MAll PLUMBERS LOCAL NO.24 PENSION FUND et at v. R.D.
MECHANICAL CORP.
Set/Reset Hearings
Docket Text:
Reset Hearing: The Initial Scheduling Conference set for 2/23/20 12 has been changed to 1:00 p.m.
in
Newark Courtroom 3C before Magistrate Judge Michael A. Hammer. Please mark your calend
ars
accordingly. (jqb)
-
2:i1-cv-03439-JLL -MAll SALANDSTACY CORP. et at v. FREENEY et a!
Stipulation and Order
Docket Text:
STIPULATION AND ORDER extending deft’s time to file a reply to pltfs. opposition 2/13/2
to
012;
adjourning motion to dismiss to 2/21/2012. Signed by Judge Jose L. Linares on 1/30/2012. (nr,)
2:11-cv-03513-JLL STRACHN v. OFFICE DIRECTOR, HUDSON COUNTY JAIL
et at
Order Dismissing Case jQ
Docket Text:
ORDER dismissing the petition for habeas corpus as moot. Signed by Judge Jose L. Linare
s on 1/30/1 2.
(dc,)
2:11-cv-03683-JLL -MAH SAEED et at v. LORD & TAYLOR et at
Letter 8
Docket Text:
Letter from Richard J. Sexton. (SEXTON, RICHARD)
2:11-cv-03800-JLL -MAll TRICOCI et at v. FASHION LOGISTICS, INC.
Status Conference
Docket Text:
Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer:
Telephone Status
Conference held on 1/30/2012. (jqb)
2:11-cv-04377-JLL-MAH DEMETRO et at v. POLICE DEPARTMENT, CITY
OF CHERRY
HILL et at
Letter 19
Docket Text:
Letter from Michael A. D’Anton. (D’ANTON, MICHAEL)
file://C:\Documents and Settings\lrodriguez\Local Settings\Temp\notes9954CD
\web2070....
2/1/2012
Page7oflo
2:1l-cv-04636-JLL-MAH SLEP-TONE ENTERTAINMENT CORPORATION v.
BUCKMUELLER et al
Answer to Complaint 5
Docket Text:
ANSWER to Complaint, CROSSCLAIM against All Defendants by BUTCH WATT.(WID
TH,
BLAKE)
2:i1-cv-04763-JLL -MAll KVK-TECH INC. v. SUNRISE PHARMACEUTICA
L INC.
Set/Reset Hearings
Docket Text:
Reset Hearing: The Initial Scheduling Conference set for 2/10/2012 has been adjourned
to 2/23/2012 at
2:00 p.m. in Newark Courtroom 3C before Magistrate Judge Michael A. Hammer. Please
mark your
calendars accordingly. (jqb)
-
2:11-cr-00621-JLL USA v. WEBB WASHINGTON
Order to Continue Ends of Justice 6
-
Docket Text:
ORDER TO CONTINUE Ends of Justice as to LAVERN WEBB WASHINGTO
N Time excluded
from 2/23/12 until 4/23/12., (Defense Pre-Trial motions due by 3/19/2012, Replie
s due by 4/10/2012.,
Motion set for 4/16/20 12 02:00 PM before Judge Jose L. Linares. The motion will be
decided on the
papers. No appearances required unless notified by the court. Trial 4/23/12.). Signed
by Judge Jose L.
Linares on 1/31/12. (jn,)
-
2:11-cv-06100-JLL -MAll VENEZIA v. ALPHA PLASTICS INC. et al
Transcript 4
Docket Text:
Transcript of Proceedings held on 12/28/11, before Judge Hammer. Court Report
er/Transcriber Sara L.
Kern/King Transcripts, Telephone number 973 237 6080. Tape Number: Teleconferen
ce. NOTICE
REGARDING REDACTION OF TRANSCRIPTS: The parties have seven
(7) calendar days to file
with the Court a Notice of Intent to Request Redaction of this Transcript. Redact
ion Request due
2/21/2012. Redacted Transcript Deadline set for 3/1/2012. Release of Transcript Restric
tion set for
4/30/20 12. (tjg,)
2:ii-cv-06097-JLL-MAH YU et al v. LEXUS OF ENGLEWOOD et al
Corporate Disclosure Statement j
Docket Text:
Corporate Disclosure Statement by LEXUS U.S.A., TOYOTA MOTOR SALES
U.S.A., INC.
identifying Toyota Motor North America, Inc. as Corporate Parent.. (WHIT
E, ROBERT)
2:1l-cv-06097-JLL-MAH YU et al v. LEXUS OF ENGLEWOOD et al
Corporate Disclosure Statement 12
file://C:\Documents and Settings\lrodriguez\Local Settings\Temp\notes9
954CD\web2070....
2/1/2012
Page 8 of 10
Docket Text:
Corporate Disclosure Statement by LEXUS OF ENGLEWOOD. (WHITE, ROBERT)
2:ll-cv-06515-JLL-MAH SHERILU MANAGEMENT CORPORATION v. TRAVELERS
PROPERTY CASUALTY COMPANY OF AMERICA
Set/Reset Hearings
Docket Text:
Reset Hearing: The Initial Scheduling Conference set for 2/10/20 12 has been adjourned to 3/6/20 12 at
2:00 p.m. in Newark Courtroom 3C before Magistrate Judge Michael A. Hammer. Parties shall
electronically file a joint discovery plan by 3:00 p.m. on 2/29/2012. Please mark your calendars
accordingly. (jqb)
-
2 1 1-c-O6572-JLL-MAH CHARLTON et al v WELLS FARGO BANK, N A et al
Answer to Complaint
Docket Text:
Defendants’ ANSWER to Complaint, Affirmative Defenses, CROSSCLAIM against ANNA
CHARLTON, GARY FRANCIONE by AMERICAN HOME MORTGAGE SERVICING, INC..
(Attachments: # (1) Certificate of Service)(RAKOWSKI, KEVIN)
2:11-cv-06574-JLL-MAH SPANN v. NEW JERSEY TRANSIT
Motion for Extension of Time to File Answer 5
Docket Text:
MOTION for Extension of Time to File Answer re [1] Complaint, [4] Summons Returned Executed by
NEW JERSEY TRANSIT. (Attachments: # (I) Certification Service, # (2) Certification No Brief, # (3)
Affidavit, # (4) Text of Proposed Order)(YI, DAVID)
2:1 1-cv-06574-JLL-MAH SPANN v. NEW JERSEY TRANSIT
Notice (Other) 6
Docket Text:
NOTICE by JOSEPH SPAN re [5] MOTION for Extension of Time to File Answer re [1] Complaint,
[4] Summons Returned Executed Consent to Extension and Requestfor Date Certain for Extension
(DION, SAMUEL)
2:1l-cr-00799-JLL USA v. MCOUEEN
Order to Continue Ends of Justice 9
-
Docket Text:
ORDER TO CONTINUE Ends of Justice as to QUAWEE MCQUEEN Time excluded from 2/27/12
until 4/16/12., ( Defense Pre-Trial motions due by 3/12/2012, Replies due by 3/23/20 12., Motion set for
4/6/2012 09:00 AM before Judge Jose L. Linares. The motion will be decided on the papers. No
appearances required unless notified by the court. Trial 4/16/12
@ 10:00 a.m.). Signed by Judge Jose L.
Linares on 1/30/12. (jn,)
-
file://C :\Documents and Settings\lrodriguez\Local Settings\Temp\notes9954CD\web2070....
2/1/2012
Page9oflo
2:11-cv-06887-JLL-MAH JONES et al v. SPRINT COMMUNICATIONS COMPANY, L.P.,
et al
Notice of Pro Hac Vice to Receive NEF 17
Docket Text:
Notice of Request by Pro Hac Vice Dan Millea to receive Notices of Electronic Filings. (CHESTER,
JOHN)
2:11-cv-06902-JLL-MAH TRUSTEES OF THE B.A.C. LOCAL 4 PENSION AND ANNU
ITY
FUNDS et at v. MASON TECH LLC.
Request for Default
Docket Text:
Request fbr Default by RICHARD TOLSON, TRUSTEES OF THE B.A.C. LOCAL 4 PENSION
AND
ANNUITY FUNDS, TRUSTEES OF THE BRICKLAYERS & TROWEL TRADES
INTERNATIONAL PENSION FUND, TRUSTEES OF THE INTERNATIONAL MASONRY
INSTITUTE, TRUSTEES OF THE NEW JERSEY B A C HEALTH FUND, TRUSTEES
OF THE
NEW JERSEY BM&P APPRENTICE AND EDUCATION FUND against MASON TECH
LLC.
(Attachments: # (1) Declaration, # (2) Default Certificate)( VIRGINIA, CHARLES)
2:l1-cv-07067-JLL-MAH FINN et a! v. NATIONAL FOOTBALL LEAGUE
Notice of Appearance
Docket Text:
NOTICE of Appearance by FRED S. LONGER on behalf of All Plaintiffs (LONGER,
FRED)
2:11-cv-07238-JLL-MAH ROSS! v. THE PROCTER & GAMBLE COMPANY
Order 17
Docket Text:
ORDER granting application appointing the law firms of Carella Byrne, Bursor &
Fisher, and Faruqi &
Faruqi interim lead class counsel; etc.. Signed by Judge Jose L. Linares on 1/31/2012.
(nr,)
2:12-cv-00090-JLL-MAH IN-N-OUT BURGERS v. IN & OUT BAGEL & DELI,
INC. et al
Notice of Appearance 2
Docket Text:
NOTICE of Appearance by MICHAEL TERENCE PIDGEON on behalf of IN-N-OUT
BURGERS
(PIDGEON, MICHAEL)
2:12-cr-00061-JLL USA v. GUZMAN-LEBRON
Terminate Criminal Case
Docket Text:
***Case Terminated as to DAVID GUZMAN-LEBRON ***Terminated
,
defendant DAVID
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Page 10 of 10
GUZMAN-LEBRON, pending deadlines, and motions. (mrd,)
2:12-cv-00575-JLL-MAH BREYER v. PARSONS INSPECTION
AND MAINTENANCE
CORPORATION et al
Complaint 1.
Docket Text:
COMPLAINT against JOHN AND JANE DOE NOS. 1 THROUGH
10, PARSONS INSPECTION
AND MAINTENANCE CORPORATION, JAMES POWERS, III, SONY
AE A TURNER ( Filing fee
$ 350 receipt number 4159188.) JURY DEMAND., filed by RICHARD R. BREY
ER. (Attachments: #
(1) Civil Cover Sheet)(ma)
2:12-cv-00560-JLL-MAH INTERNATIONAL UNION OF OPER
ATING ENGINEERS LOCAL
825 EMPLOYEE BENEFIT FUNDS AND THE TRUSTEES THER
EOF v UNION CRANE
RENTALS INC.
Petition to Confirm Arbitration Award 1
Docket Text:
PETITION to Confirm Arbitration Award (Filing fee S 350 receipt
number 4158277.), filed by
INTERNATIONAL UNION OF OPERATING ENGINEERS LOCA
L 825 EMPLOYEE BENEFIT
FUNDS AND THE TRUSTEES THEREOF. (Attachments: # (1)
Coy Letter, # (2) Civ Cov)(dr,)
(Attachment 1 replaced on 1/31/2012) (dr). (Additional attachment(s)
added on 1/31/2012: # (3) EXH A,
# (4) EXH B, # (5) EXH C, # (6) EXH D, # (7) EXH E, # (8) EXH
F) (dr).
2:12-cv-00560-JLL-MAH INTERNATIONAL UNION OF OPER
ATING ENGINEERS LOCAL
825 EMPLOYEE BENEFIT FUNDS AND THE TRUSTEES
THEREOF v UNION CRANE
RENTALS INC.
Motion to confirm Arbitration award 2
Docket Text:
MOTION to Confirm Arbitration award and entering Judgments
subject to audits, inclusive of attorneys
and arbitration fees by INTERNATIONAL UNION OF OPERATING
ENGINEERS LOCAL 825
EMPLOYEE BENEFIT FUNDS AND THE TRUSTEES THER
EOF. (Attachments: # (1) sub, # (2)
cert. of service, # (3) p/o &jgm.)(sr,)
2:12-cv-00560-JLL-MAH INTERNATIONAL UNION OF
OPERATING ENGINEERS LOCAL
825 EMPLOYEE BENEFIT FUNDS AND THE TRUSTEES
THEREOF v UNION CRANE
RENTALS INC.
Set/Reset Motion and R&R Deadlines/Hearings
Docket Text:
Set Deadline as to [2] MOTION to Confirm Arbitration award
and entering Judgments subject to audits,
inclusive of attorneys and arbitration fees. Motion set for 3/5/20
12 before Judge Jose L. Linares. The
motion will be decided on the papers. No appearances require
d unless notified by the court. (sr,)
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