JECROIS v. SOJAK et al
| New Jersey District Court | |
| Judge: | John Michael Vazquez |
| Referred: | James B Clark |
| Case #: | 2:16-cv-01477 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Mar 16, 2016 |
| Terminated: | Jun 28, 2018 |
| Last checked: Monday Sep 12, 2016 5:26 AM EDT |
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Defendant
HUDSON COUNTY
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Defendant
JOHN/JANE DOE(S) I-IV
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Defendant
KENNETH KOLICH
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Represented By
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Defendant
CHONDA ROSARIO
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Represented By
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Defendant
MARK SOJAK
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Represented By
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Defendant
HONEY SPIRITO
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Represented By
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Plaintiff
SAMY JECROIS
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Represented By
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GPO
Jun 01 2017
OPINION. Signed by Judge John Michael Vazquez on 06/01/2017. (ek) |
| 1. | Judge dismisses several counts in lawsuit filed by former St. Peter's University student accused of rape (nj.com) |
| Submitted Thu 06/29/2017 | |
| Docket last updated: 6 hours ago |
| Friday, June 29, 2018 | ||
| 44 | 44
2
pgs
order
Order
Fri 06/29 3:24 PM
ORDER that the motion to dismiss all federal and state law claims against the Defendants, Detectives Sojak, Kolich, Spirito and Rosario is GRANTED; that all federal and state law claims against Defendants, Detectives Sojak, Kolich, Spirito and Rosario, in Plaintiffs Complaint are hereby DISMISSED WITH PREJUDICE; it is further ordered that the Clerk's Office shall close this matter. Signed by Judge John Michael Vazquez on 6/29/2018. (ld, ) |
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| Thursday, June 28, 2018 | ||
| 43 | 43
2
pgs
order
Order of Dismissal
Thu 06/28 12:23 PM
ORDER, that Court's 6/1/201832 Order on Motion to Dismiss, is hereby VACATED and it is further Ordered that the motion of the remaining Defendants (Mark Sojak, Kenneth Kolich, and Honey Spirito) to dismiss the Complaint (D.E. 1) for failure to state a claim upon which relief can be granted (D.E. 9) is GRANTED on the basis of qualified immunity as to all federal and state law claims. It is further Ordered that this matter is DISMISSED WITH PREJUDICE, and the Clerk's office shall close this matter.. Signed by Judge John Michael Vazquez on 6/28/2018. (JB, ) |
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misc
Letter
Thu 06/28 12:22 PM
Letter from Louis Charles Shapiro, Esq. re41 Letter. (SHAPIRO, LOUIS) |
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| 41 | 41
misc
Letter
Thu 06/28 11:58 AM
Letter from Defendants submitting Order pursuant to Local Rule 79.4. (RIGGS, CHRISTOPHER) |
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| 40 | 40
appeal
USCA Mandate (Terminates Appeal)
Thu 06/28 8:24 AM
MANDATE of USCA issued. |
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Att: 1
mandate letter,
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Att: 2
opinion
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appeal
Mandate Notice
Thu 06/28 8:29 AM
Pursuant to Local Rule 79.4, notice is hereby given of the Appellate ruling filed on 06/06/2018. In the event that the mandate or judgment provides for costs or directs a disposition other than an affirmance, the prevailing party shall prepare and submit an order implementing the mandate or judgment. (dam, ) |
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| Wednesday, June 06, 2018 | ||
| 39 | 39
appeal
USCA Judgment (Use if Mandate will follow)
Wed 06/06 8:39 AM
USCA JUDGMENT as to34 Notice of Appeal (USCA) filed by KENNETH KOLICH, HONEY SPIRITO, CHONDA ROSARIO, MARK SOJAK. Vacated and Remanded judgment/order of the District Court. (ca3kr) |
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| Friday, August 25, 2017 | ||
| 38 | 38
misc
Transcript
Fri 08/25 4:29 PM
Transcript of Proceedings of a Motion Hearing held on 5/9/2017, before Judge John Michael Vazquez. Court Reporter/Transcriber John Stone (201-341-6742). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 9/15/2017. Redacted Transcript Deadline set for 9/25/2017. Release of Transcript Restriction set for 11/27/2017. (sm, ) |
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| Monday, July 24, 2017 | ||
| 37 | 37
misc
Transcript Request
Mon 07/24 10:55 AM
TRANSCRIPT REQUEST by KENNETH KOLICH, MARK SOJAK, HONEY SPIRITO for proceedings held on May 9, 2017 before Judge Hon. John Michael Vazquez, U.S.D.J... (FERLICCHI, BETH) |
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| Friday, July 21, 2017 | ||
| 36 | 36
misc
Letter
Fri 07/21 12:11 PM
Letter from MICHAEL L. DERMODY, ESQ. (DERMODY, MICHAEL) |
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| Wednesday, July 05, 2017 | ||
| 35 | 35
appeal
USCA Notice of Docketing (Case No & Mgr Assigned)
Wed 07/05 10:26 AM
USCA Case Number 17-2426 for34 Notice of Appeal (USCA), filed by KENNETH KOLICH, HONEY SPIRITO, CHONDA ROSARIO, MARK SOJAK. USCA Case Manager Kirsi (Document Restricted - Court Only) (ca3kr) |
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| Friday, June 30, 2017 | ||
| 34 | 34
appeal
Notice of Appeal (USCA Philadelphia)
Fri 06/30 2:19 PM
NOTICE OF APPEAL as to31 Opinion,32 Order on Motion to Dismiss,,,,, by KENNETH KOLICH, CHONDA ROSARIO, MARK SOJAK, HONEY SPIRITO. Filing fee $ 505, receipt number 0312-7939627. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries.(FERLICCHI, BETH) |
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Att: 1
Certificate of Service
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| Thursday, June 29, 2017 | ||
| 33 | 33
cmp
Amended Complaint
Thu 06/29 1:13 PM
AMENDED COMPLAINT against All Defendants All Defendants., filed by SAMY JECROIS.(SHAPIRO, LOUIS) |
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Att: 1
Certificate of Service
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| Thursday, June 01, 2017 | ||
| 32 | 32
order
Order on Motion to Dismiss
Thu 06/01 4:29 PM
ORDER granting in part and denying in part Defendants'9 Motion to Dismiss: The Defendants' motion is GRANTED as to Plaintiff's claim based on the Due Process Clause of the Fourteenth Amendment, and Count III is dismissed without prejudice, etc.; DENIED as to Detectives Sojak, Kolich, and Spirito, and Counts I, II, VI, VII, VIII, IX, and X remain as to the three detectives; ORDER granting Hudson County's14 Motion to Dismiss and Count V is dismissed without prejudice; Plaintiff has thirty (30) days to file an amended complaint, etc. Signed by Judge John Michael Vazquez on 06/01/2017. (ek) |
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| 31 | 31
25
pgs
order
Opinion
Thu 06/01 4:22 PM
OPINION. Signed by Judge John Michael Vazquez on 06/01/2017. (ek) |
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| Friday, May 19, 2017 | ||
| 30 | 30
respm
Reply Brief to Opposition to Motion
Fri 05/19 9:48 AM
REPLY BRIEF to Opposition to Motion filed by SAMY JECROIS re14 Cross MOTION to Dismiss Pursuant to Rule 12(b)(6) ,9 MOTION to Dismiss (SHAPIRO, LOUIS) |
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Att: 1
Certificate of Service
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| Friday, May 12, 2017 | ||
| 29 | 29
respoth
Brief
Fri 05/12 11:52 PM
BRIEF Officer Defendants' Supplemental Brief on Motion to Dismiss(FERLICCHI, BETH) |
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Att: 1
Certificate of Service
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| Tuesday, May 09, 2017 | ||
| 28 | 28
minutes
Motion Hearing
Tue 05/09 11:36 AM
Minute Entry for proceedings held before Judge John Michael Vazquez: Motion Hearing held on 5/9/2017 re14 Cross MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by HUDSON COUNTY,9 MOTION to Dismiss filed by KENNETH KOLICH, HONEY SPIRITO, CHONDA ROSARIO, MARK SOJAK. Court reserved on motions (Court Reporter/Recorder John stone.) (rg, ) |
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| Wednesday, May 03, 2017 | ||
| 27 | 27
misc
Letter
Wed 05/03 4:42 PM
Letter re 24 Order,,, Set/Reset Motion and R&R Deadlines/Hearings,,. (FERLICCHI, BETH) |
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| Tuesday, May 02, 2017 | ||
| 26 | 26
misc
Letter
Tue 05/02 10:59 AM
Letter from MICHAEL L. DERMODY, ESQ. (DERMODY, MICHAEL) |
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| Monday, May 01, 2017 | ||
| 25 | 25
misc
Letter
Mon 05/01 1:04 PM
Letter from Louis Charles Shapiro, Esq.. (SHAPIRO, LOUIS) |
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| Monday, April 24, 2017 | ||
| 24 | 24
order
Order ~Util - Set/Reset Motion and R&R Deadlines/Hearings
Mon 04/24 12:44 PM
TEXT ORDER: DIRECTING Plaintiff to provide the Court with additional documentation. Paragraph 73 of the Complaint refers to the supporting probable cause statement affirmatively presented to a Superior Court Judge. D.E. 1. Plaintiff must submit the probable cause statement submitted to the Superior Court Judge, along with the arrest warrant on or before May 1, 2017. Oral argument on the pending9 MOTION to Dismiss and14 Cross MOTION to Dismiss Pursuant to Rule 12(b)(6) is set for 5/9/2017 at 10:00 AM. Counsel are required to confirm attendance via letter filed on CM/ECF no later than 5/3/17. So Ordered by Judge John Michael Vazquez on 4/24/17. (rg, ) |
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| Wednesday, January 11, 2017 | ||
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misc
Substitution of Attorney
Wed 01/11 10:54 AM
Substitution of Attorney - Attorney STEPHEN RALPH TUCKER and BENJAMIN HENRY ZIEMAN terminated. Attorney BETH ANNE FERLICCHI for KENNETH KOLICH,BETH ANNE FERLICCHI for CHONDA ROSARIO,BETH ANNE FERLICCHI for MARK SOJAK,BETH ANNE FERLICCHI for HONEY SPIRITO added..(FERLICCHI, BETH) |
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Att: 1
Certificate of Service
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| Tuesday, November 08, 2016 | ||
| 22 | 22
misc
Letter
Tue 11/08 11:13 AM
Letter re20 Brief in Opposition to Motion,14 Cross MOTION to Dismiss Pursuant to Rule 12(b)(6) ,9 MOTION to Dismiss ,21 Reply Brief to Opposition to Motion,. (SHAPIRO, LOUIS) |
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| Monday, October 31, 2016 | ||
| 21 | 21
respm
Reply Brief to Opposition to Motion
Mon 10/31 9:01 AM
REPLY BRIEF to Opposition to Motion filed by KENNETH KOLICH, CHONDA ROSARIO, MARK SOJAK, HONEY SPIRITO re9 MOTION to Dismiss (ZIEMAN, BENJAMIN) |
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Att: 1
Exhibit A (part 1),
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Att: 2
Exhibit A (part 2),
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Att: 3
Certificate of Service
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| Monday, October 24, 2016 | ||
| 20 | 20
respm
Brief in Opposition to Motion
Mon 10/24 12:43 PM
BRIEF in Opposition filed by SAMY JECROIS re14 Cross MOTION to Dismiss Pursuant to Rule 12(b)(6) ,9 MOTION to Dismiss and Motion to Dismiss of Defendants Sojak, Kolich, Spirito and Rosario(SHAPIRO, LOUIS) |
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Att: 1
Certificate of Service,
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Att: 2
Text of Proposed Order
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| Wednesday, October 12, 2016 | ||
| 19 | 19
answer
Answer to Complaint Crossclaim
Wed 10/12 10:28 AM
ANSWER to Complaint with JURY DEMAND , CROSSCLAIM against HUDSON COUNTY by HUDSON COUNTY.(DERMODY, MICHAEL) |
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| Wednesday, September 28, 2016 | ||
| 18 | 18
order
Order
Wed 09/28 12:23 PM
TEXT ORDER: Plaintiff's request for an extension of time to file an opposition to D.E. 9 is granted. The new return date is November 7, 2016 and the opposition papers shall be filed no later than October 24, 2016. No further extensions shall be granted. So Ordered by Judge John Michael Vazquez on 9/28/16. (rg, ) |
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motion
Extension of Time to File Response/Reply
Wed 09/28 10:24 AM
Second MOTION for Extension of Time to File Response/Reply as to9 MOTION to Dismiss by SAMY JECROIS.(SHAPIRO, LOUIS) |
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Att: 1
Certification of Louis Charles Shapiro, Esquire,
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Att: 2
Statement That No Brief is Necessary,
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Att: 3
Text of Proposed Order,
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Att: 4
Certificate of Service
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 09/28 9:59 AM
TEXT ORDER: Defendant's motion for an extension of time to file an opposition to D.E. 9 is denied as moot. The relief sought has already been granted in D.E. 13. Signed by Judge John Michael Vazquez on 09/28/16. (rg, ) |
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| Tuesday, September 27, 2016 | ||
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motion
Extension of Time to File Response/Reply
Tue 09/27 5:34 PM
MOTION for Extension of Time to File Response/Reply as to9 MOTION to Dismiss by SAMY JECROIS.(SHAPIRO, LOUIS) |
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Att: 1
Certification of Louis Charles Shapiro, Esquire,
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Att: 2
Statement That No Brief is Necessary,
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Att: 3
Text of Proposed Order,
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Att: 4
Certificate of Service
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Tue 09/27 9:19 AM
Set Deadlines as to14 Cross MOTION to Dismiss Pursuant to Rule 12(b)(6). Motion set for 11/7/2016 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (seb) |
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| Monday, September 26, 2016 | ||
| 14 | 14
motion
Dismiss
Mon 09/26 3:27 PM
Cross MOTION to Dismiss Pursuant to Rule 12(b)(6) by HUDSON COUNTY.(DERMODY, MICHAEL) |
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Att: 1
Brief Supporting Brief
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| Tuesday, September 13, 2016 | ||
| 13 | 13
order
Order ~Util - Terminate Motions ~Util - Set/Reset Motion and R&R Deadlines/Hearings
Tue 09/13 2:47 PM
TEXT ORDER: Granting relief for extension of time filed by SAMY JECROIS(D.E.12). Resetting returnable date as to9 MOTION to Dismiss for 10/17/2016. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court.). So Ordered by Judge John Michael Vazquez on 9/13/14. (rg, ) |
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| 12 | 12
motion
Extension of Time to File Response/Reply
Tue 09/13 1:05 PM
MOTION for Extension of Time to File Response/Reply as to Set/Reset Motion and R&R Deadlines/Hearings, by SAMY JECROIS.(SHAPIRO, LOUIS) |
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Att: 1
Certification Certification of Louis Charles Shapiro, Esquire,
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Att: 2
Statement Statement That No Brief is Necessary,
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Att: 3
Text of Proposed Order Proposed Form of Order,
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Att: 4
Certificate of Service
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| Monday, September 12, 2016 | ||
| 11 | 11
order
Order ~Util - Set/Reset Motion and R&R Deadlines/Hearings
Tue 09/13 9:05 AM
ORDER Resetting Deadlines as to9 MOTION to Dismiss.( Motion set for 10/3/2016 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court.). Signed by Judge John Michael Vazquez on 9/12/2016. (seb) |
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| Tuesday, August 30, 2016 | ||
| 10 | 10
respm
Letter Rule 7.1
Tue 08/30 2:55 PM
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re9 MOTION to Dismiss . (SHAPIRO, LOUIS) |
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| Wednesday, August 17, 2016 | ||
| 9 | 9
motion
Dismiss
Wed 08/17 10:15 AM
MOTION to Dismiss by KENNETH KOLICH, CHONDA ROSARIO, MARK SOJAK, HONEY SPIRITO. Responses due by 9/6/2016(ZIEMAN, BENJAMIN) |
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Att: 1
Brief,
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Att: 2
Text of Proposed Order,
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Att: 3
Certificate of Service
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Wed 08/17 10:28 AM
Set Deadlines as to9 MOTION to Dismiss. Motion set for 9/19/2016 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (seb) |
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| Friday, July 29, 2016 | ||
| 8 | 8
order
Order on Motion for Extension of Time to Answer
Fri 07/29 4:24 PM
ORDER granting7 Motion for Extension of Time to Answer. It is ORDERED that defendants, Mark Sojak, Kenneth Kolich, Honey Spirito, and Chonda Rosatio, are hereby granted leave to answer, move or otherwise reply to Plaintiff's complaint within twenty days from the date of this order. Signed by Magistrate Judge James B. Clark on 7/29/2016. (seb) |
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| Wednesday, July 27, 2016 | ||
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Wed 07/27 8:24 AM
Set Deadlines as to7 MOTION for Extension of Time to File Answer re1 Complaint. Motion set for 9/6/2016 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (seb) |
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| Tuesday, July 26, 2016 | ||
| 7 | 7
motion
Extension of Time to File Answer
Tue 07/26 4:41 PM
MOTION for Extension of Time to File Answer re1 Complaint, by KENNETH KOLICH, CHONDA ROSARIO, MARK SOJAK, HONEY SPIRITO.(ZIEMAN, BENJAMIN) |
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Att: 1
Declaration,
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Att: 2
Text of Proposed Order,
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Att: 3
Statement that No Brief is Necessary,
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Att: 4
Certificate of Service
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| Tuesday, June 28, 2016 | ||
| 6 | 6
order
Order
Tue 06/28 2:41 PM
ORDER re4 Letter extending Defendants' time to answer or move to dismiss Plaintiff's Complaint for a period of 30 days. Signed by Magistrate Judge James B. Clark on 6/28/2016. (seb) |
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| Monday, June 27, 2016 | ||
| 5 | 5
notice
Notice of Appearance
Mon 06/27 1:58 PM
NOTICE of Appearance by BENJAMIN HENRY ZIEMAN on behalf of KENNETH KOLICH, CHONDA ROSARIO, MARK SOJAK, HONEY SPIRITO(ZIEMAN, BENJAMIN) |
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Att: 1
Certificate of Service
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| 4 | 4
misc
Letter
Mon 06/27 1:50 PM
Letter from DAG Benjamin H. Zieman seeking a 30-day extension to answer or move to dismiss Plaintiff''s Complaint re1 Complaint,. (ZIEMAN, BENJAMIN) |
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| Tuesday, June 14, 2016 | ||
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utility
Update Answer Due Deadline
Tue 06/14 11:57 AM
Clerk`s Text Order - The document3 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by CHONDA ROSARIO, KENNETH KOLICH, MARK SOJAK, HONEY SPIRITO has been GRANTED. The answer due date has been set for 6/27/2016. (seb) |
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| Monday, June 13, 2016 | ||
| 3 | 3
misc
Application for Clerk Order to Ext Answer/Proposed Order
Mon 06/13 9:14 PM
Application and Proposed Order for Clerk's Order to extend time to answer as to Mark Sojak, Kenneth Kolich, Honey Spirito and Chonda Rosario. Attorney STEPHEN RALPH TUCKER for KENNETH KOLICH,STEPHEN RALPH TUCKER for CHONDA ROSARIO,STEPHEN RALPH TUCKER for MARK SOJAK,STEPHEN RALPH TUCKER for HONEY SPIRITO added.(TUCKER, STEPHEN) |
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Att: 1
Certificate of Service
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| Friday, March 18, 2016 | ||
| 2 | 2
service
Summons Issued
Fri 03/18 12:41 PM
SUMMONS ISSUED as to HUDSON COUNTY, KENNETH KOLICH, CHONDA ROSARIO, MARK SOJAK, HONEY SPIRITO Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *STEPHEN BOND* (seb) |
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| Wednesday, March 16, 2016 | ||
| 1 | 1
15
pgs
cmp
Complaint
Fri 03/18 12:39 PM
COMPLAINT against HUDSON COUNTY, JOHN/JANE DOE(S) I-IV, KENNETH KOLICH, CHONDA ROSARIO, MARK SOJAK, HONEY SPIRITO ( Filing and Admin fee $ 400 receipt number 0312-6982674) with JURY DEMAND, filed by SAMY JECROIS.(seb) |
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Att: 1
15 pgs
Complaint Part 2,
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Att: 2
Civil Cover Sheet
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