SOUTHEY v. TOWNSHIP OF VERNON et al
| New Jersey District Court | |
| Judge: | Julien Xavier Neals |
| Referred: | James B Clark |
| Case #: | 2:21-cv-11844 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Federal Question: Other Civil Rights |
| Case Filed: | May 27, 2021 |
| Re-opened: | Aug 14, 2024 |
| Terminated: | Aug 02, 2021 |
| Case in other court: | Sussex County Superior Court, SSX-L-184-21 |
| Last checked: Tuesday Nov 23, 2021 3:47 AM EST |
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Defendant
COUNTY OF SUSSEX
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Represented By
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Defendant
EMMANUEL RIVERA
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Represented By
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Defendant
TOWNSHIP OF VERNON
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Represented By
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Defendant
VERNON POLICE DEPARTMENT
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Represented By
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Defendant
DANIEL B YOUNG
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Represented By
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Defendant
ABC ENTITIES/CORPORATIONS 1-10
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Defendant
JOHN AND JANE DOES 1-100
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Defendant
MAYOR HARRY SHORTWAY
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Represented By
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Plaintiff
RACHEL SOUTHEY
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Represented By
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| Docket last updated: 1 hours ago |
| Wednesday, May 07, 2025 | ||
| 48 | 48
order
Order on Motion to Dismiss
Wed 05/07 1:57 PM
ORDER granting in part25 Motion to Dismiss; Dismissing without prejudice Counts One, Two, Four, and Five of Plaintiff's Complaint except as to Officer Rivera; dismissing Count Three without prejudice; Dismissing Counts One through Five with prejudice to the extent that they assert claims against MAYOR SHORTWAY and CHIEF YOUNG in their official capacities. Signed by Judge Julien Xavier Neals on 5/7/2025. (adc, ) |
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| 47 | 47
order
Opinion
Wed 05/07 1:09 PM
OPINION. Signed by Judge Julien Xavier Neals on 5/7/2025. (adc, ) |
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| Tuesday, April 29, 2025 | ||
| 46 | 46
2
pgs
order
Order to Show Cause
Tue 04/29 11:01 AM
ORDER TO SHOW CAUSE. Show Cause Hearing set for 6/16/2025 at 11:30 AM in Newark - Courtroom 2A before Magistrate Judge James B. Clark. MR. RIVERA'S Response due by 6/9/2025. Signed by Magistrate Judge James B. Clark on 4/28/2025. (adc) Modified on 4/29/2025 (adc) |
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| Monday, April 28, 2025 | ||
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minutes
Telephone Conference
Tue 04/29 8:25 AM
Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 4/28/2025. (seb) |
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| Tuesday, April 22, 2025 | ||
| 45 | 45
misc
Letter
Tue 04/22 2:15 PM
Letter from Richard Panitch, Esq.. (PANITCH, RICHARD) |
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| Monday, April 21, 2025 | ||
| 44 | 44
1
pgs
order
Order
Mon 04/21 2:43 PM
LETTER ORDER that the telephone status conference scheduled with the parties in this matter on April 29, 2025 at 10:30 AM [see Dkt. No. 37 paragraph 10] is canceled; instead, the telephone conference on April 28, 2025 at 11:30 AM [see Dkt. No. 40 paragraph 2] will proceed as scheduled. Counsel for Plaintiff shall initiate the call. Signed by Magistrate Judge James B. Clark on 4/21/2025. (sm) |
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| Tuesday, March 18, 2025 | ||
| 43 | 43
order
Discovery Confidentiality Order
Tue 03/18 10:01 AM
CONFIDENTIALITY DISCOVERY ORDER. Signed by Magistrate Judge James B. Clark on 3/18/2025. (adc, ) |
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| Monday, March 17, 2025 | ||
| 42 | 42
misc
Proposed Order
Mon 03/17 2:36 PM
Proposed Order Confidentiality Order by HARRY SHORTWAY, TOWNSHIP OF VERNON, VERNON POLICE DEPARTMENT, DANIEL B YOUNG re37 Scheduling Order.(PARIKH, LESLIE) |
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Att: 1
Confidentiality Order
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| Tuesday, March 04, 2025 | ||
| 41 | 41
misc
Letter
Tue 03/04 4:23 PM
Letter from Michael DiFazio, II re40 Order on Motion to Withdraw as Attorney,. (DIFAZIO, MICHAEL) |
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| Monday, February 24, 2025 | ||
| 40 | 40
1
pgs
order
Order on Motion to Withdraw as Attorney
Mon 02/24 2:49 PM
ORDER granting35 Motion to Withdraw as Attorney. Attorney MICHAEL DANIEL DIFAZIO, II terminated. EMMANUEL RIVERA shall have thirty (30) days from the date of this Order to retain new counsel. The court will conduct a telephone status conference on 4/28/2025 at 11:30 AM. Signed by Magistrate Judge James B. Clark on 2/24/2025. (adc, ) |
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minutes
Motion Hearing
Tue 02/25 7:33 AM
Minute Entry for proceedings held before Magistrate Judge James B. Clark: Motion Hearing held on 2/24/2025 re35 MOTION to Withdraw as Attorney filed by EMMANUEL RIVERA. (seb) |
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| Wednesday, February 19, 2025 | ||
| 39 | 39
misc
Letter
Wed 02/19 1:23 PM
Letter from Michael DiFazio, II re35 MOTION to Withdraw as Attorney ,38 Order, Set Hearings. (DIFAZIO, MICHAEL) |
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| Tuesday, January 14, 2025 | ||
| 38 | 38
1
pgs
order
Order ~Util - Set Hearings
Tue 01/14 3:36 PM
LETTER ORDER setting Telephone Conference for 2/24/2025 at 11:00 AM before Magistrate Judge James B. Clark. Signed by Magistrate Judge James B. Clark on 1/14/2025. (adc) |
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| 37 | 37
order
Scheduling Order
Tue 01/14 12:47 PM
PRETRIAL SCHEDULING ORDER. Signed by Magistrate Judge James B. Clark on 1/14/2025. (dam) |
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minutes
Scheduling Conference
Wed 01/15 8:42 AM
Minute Entry for proceedings held before Magistrate Judge James B. Clark: Scheduling Conference held on 1/14/2025. (seb) |
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| Monday, January 13, 2025 | ||
| 36 | 36
misc
Letter
Mon 01/13 2:02 PM
Letter from Richard S. Panitch, Esq.. (PANITCH, RICHARD) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Mon 01/13 11:47 AM
Set Deadlines as to35 MOTION to Withdraw as Attorney . Motion set for 2/3/2025 before Magistrate Judge James B. Clark. 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. (mxw, ) |
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| Thursday, January 09, 2025 | ||
| 35 | 35
motion
Withdraw as Attorney
Thu 01/09 2:34 PM
MOTION to Withdraw as Attorney by EMMANUEL RIVERA.(DIFAZIO, MICHAEL) |
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Att: 1
Certification,
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Att: 2
Text of Proposed Order,
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Att: 3
Certificate of Service
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| Monday, December 30, 2024 | ||
| 34 | 34
respm
Reply Brief to Opposition to Motion
Mon 12/30 3:12 PM
REPLY BRIEF to Opposition to Motion filed by TOWNSHIP OF VERNON, COUNTY OF SUSSEX, HARRY SHORTWAY, DANIEL B YOUNG, EMMANUEL RIVERA, VERNON POLICE DEPARTMENT re25 MOTION to Dismiss (PARIKH, LESLIE) |
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Att: 1
Exhibit A thru D
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| Monday, December 16, 2024 | ||
| 33 | 33
30+
pgs
respm
Memorandum in Opposition of Motion
Mon 12/16 3:21 PM
MEMORANDUM in Opposition filed by RACHEL SOUTHEY re25 MOTION to Dismiss (PANITCH, RICHARD) |
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| Tuesday, December 03, 2024 | ||
| 32 | 32
notice
Notice of Appearance
Tue 12/03 3:55 PM
NOTICE of Appearance by SHARON MARIE FLYNN on behalf of TOWNSHIP OF VERNON, COUNTY OF SUSSEX, HARRY SHORTWAY, DANIEL B YOUNG, VERNON POLICE DEPARTMENT (FLYNN, SHARON) |
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| Monday, December 02, 2024 | ||
| 31 | 31
order
Order
Mon 12/02 10:34 AM
TEXT ORDER - The Court is in receipt of Plaintiff's letter dated November 27, 2024 (ECF No.28 ) requesting, with the consent of Defendants, an adjournment of Defendants' motion to dismiss (ECF No.25 ). The request is GRANTED. Plaintiff's opposition shall be due on or by December 16, 2024, and Defendants' reply shall be filed by December 30, 2024. So Ordered by Judge Julien Xavier Neals on 12/2/2024. (kd) |
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| 30 | 30
2
pgs
order
Order
Mon 12/02 10:24 AM
LETTER ORDER that the initial conference scheduled for 12/4/2024 is adjourned to 1/14/2025 a t 11:30 a.m. Signed by Magistrate Judge James B. Clark on 12/2/2024. (sm) |
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utility
Set/Reset Hearings
Mon 12/02 10:29 AM
Reset Hearings: Initial Conference set for 1/14/2025 at 11:30 AM in Newark - Courtroom 2A before Magistrate Judge James B. Clark. (sm) |
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| Wednesday, November 27, 2024 | ||
| 29 | 29
misc
Letter
Wed 11/27 2:14 PM
Letter from Ryan A. Notarangelo, Esq. (Adjournment Request). (NOTARANGELO, RYAN) |
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| 28 | 28
misc
Letter
Wed 11/27 1:58 PM
Letter from Ryan A. Notarangelo, Esq. (Adjournment Request). (NOTARANGELO, RYAN) |
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| Tuesday, November 19, 2024 | ||
| 27 | 27
2
pgs
order
Order
Tue 11/19 4:29 PM
LETTER ORDER granting Plaintiff's26 Letter request to adjourn the motion date for Defendant's Motion to Dismiss by one cycle to 12/16/2024. Signed by Magistrate Judge James B. Clark on 11/19/2024. (mxw, ) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Tue 11/19 4:29 PM
Set Deadlines as to25 MOTION to Dismiss . Motion set for 12/16/2024 before Judge Julien Xavier Neals. 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. (mxw, ) |
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| Monday, November 18, 2024 | ||
| 26 | 26
misc
Letter
Mon 11/18 9:52 AM
Letter from Ryan A. Notarangelo, Esq.. (NOTARANGELO, RYAN) |
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| Wednesday, October 16, 2024 | ||
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Wed 10/16 12:02 PM
Set Deadlines as to25 MOTION to Dismiss. Motion set for 11/4/2024 before Judge Julien Xavier Neals. 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. (jd, ) |
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| Friday, October 11, 2024 | ||
| 25 | 25
motion
Dismiss
Fri 10/11 3:36 PM
MOTION to Dismiss by COUNTY OF SUSSEX, HARRY SHORTWAY, TOWNSHIP OF VERNON, VERNON POLICE DEPARTMENT, DANIEL B YOUNG. Responses due by 12/2/2024.(PARIKH, LESLIE) |
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Att: 1
Certification,
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Att: 2
Exhibit Exbs A thru G,
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Att: 3
Brief,
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Att: 4
Text of Proposed Order,
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Att: 5
Certificate of Service
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| Thursday, September 26, 2024 | ||
| 24 | 24
notice
Notice of Appearance
Thu 09/26 2:59 PM
NOTICE of Appearance by RYAN NOTARANGELO on behalf of RACHEL SOUTHEY (NOTARANGELO, RYAN) |
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| Wednesday, September 25, 2024 | ||
| 23 | 23
1
pgs
order
Order
Wed 09/25 5:10 PM
LETTER ORDER reinstating this matter; Granting Defendants leave to file an Amended Motion to Dismiss. Defendants motion shall be filed by 10/11/2024 and the motion shall be returnable on 12/2/2024. Signed by Magistrate Judge James B. Clark on 9/24/2024. (jd, ) |
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| 22 | 22
5
pgs
order
Order ~Util - Set Hearings
Wed 09/25 10:49 AM
LETTER ORDER: Initial Conference set for 12/4/2024 at 11:30 AM before Magistrate Judge James B. Clark. Signed by Magistrate Judge James B. Clark on 9/25/2024. (seb) |
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| Tuesday, September 24, 2024 | ||
| 21 | 21
misc
Substitution of Attorney
Tue 09/24 2:15 PM
Substitution of Attorney - Attorney JOHN JOSEPH ZUNIN terminated. Attorney MICHAEL DANIEL DIFAZIO, II for EMMANUEL RIVERA added.. (DIFAZIO, MICHAEL) |
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minutes
Telephone Conference
Wed 09/25 9:53 AM
Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 9/24/2024. (seb) |
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| Tuesday, September 17, 2024 | ||
| 20 | 20
misc
Status Report
Tue 09/17 2:19 PM
STATUS REPORT Richard S. Panitch, Esq. by RACHEL SOUTHEY. (PANITCH, RICHARD) |
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| Wednesday, August 14, 2024 | ||
| 19 | 19
1
pgs
order
Order Reopening Case ~Util - Set Hearings
Wed 08/14 4:18 PM
LETTER ORDER: This matter shall be REOPENED. The Court will conduct a telephonic case management conference with the parties on September 24, 2024 at 3:00 PM. Signed by Magistrate Judge James B. Clark on 8/14/2024. (qa, ) |
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| Tuesday, August 13, 2024 | ||
| 18 | 18
misc
Letter
Tue 08/13 11:43 AM
Letter from Attorney Richard S. Panitch. (PANITCH, RICHARD) |
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| Friday, December 09, 2022 | ||
| 17 | 17
misc
Substitution of Attorney
Fri 12/09 10:10 AM
Substitution of Attorney - Attorney JONATHAN ANDREW ELLIS terminated. Attorney RICHARD S. PANITCH for RACHEL SOUTHEY added.. (PANITCH, RICHARD) |
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| Tuesday, February 22, 2022 | ||
| 16 | 16
misc
Substitution of Attorney
Tue 02/22 11:45 AM
Substitution of Attorney - Attorney TRACY BROOKE BUSSEL terminated. Attorney LESLIE ANN PARIKH for COUNTY OF SUSSEX,LESLIE ANN PARIKH for HARRY SHORTWAY,LESLIE ANN PARIKH for TOWNSHIP OF VERNON,LESLIE ANN PARIKH for VERNON POLICE DEPARTMENT,LESLIE ANN PARIKH for DANIEL B YOUNG added.. (PARIKH, LESLIE) |
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| Monday, August 02, 2021 | ||
| 15 | 15
1
pgs
order
Order of Dismissal
Mon 08/02 11:54 AM
LETTER ORDER: This action and any pending motions are ADMINISTRATIVELY TERMINATED. etc. Signed by Magistrate Judge James B. Clark on 8/2/2021. (ams, ) |
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minutes
Telephone Conference
Wed 08/04 12:29 PM
Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 8/2/2021. (seb) |
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| Wednesday, July 28, 2021 | ||
| 14 | 14
3
pgs
order
Order Scheduling Order
Wed 07/28 10:46 AM
ORDER re11 Letter; The Court will conduct a Telephone Conference with the parties on 8/2/2021 at 10:00 AM, etc. Signed by Magistrate Judge James B. Clark on 7/28/2021. (ams, ) |
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| 13 | 13
misc
Letter
Wed 07/28 10:37 AM
Letter. (BUSSEL, TRACY) |
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| 12 | 12
order
Order
Wed 07/28 10:16 AM
TEXT ORDER - Per counsel's letter dated 7/14/202110 , the request to adjourn the return date, in regards to the Motion to Dismiss3 , to 8/16/2021 is Granted.So Ordered by Judge Julien Xavier Neals on 7/28/2021. (kd) |
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| Tuesday, July 27, 2021 | ||
| 11 | 11
misc
Letter
Tue 07/27 4:10 PM
Letter from Richard Panitch. (PANITCH, RICHARD) |
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| Wednesday, July 14, 2021 | ||
| 10 | 10
motion
Extension of Time to File Response/Reply
Wed 07/14 3:11 PM
MOTION for Extension of Time to File Response/Reply as to3 MOTION to Dismiss In lieu of Answer R 12(b)(6) by RACHEL SOUTHEY. (PANITCH, RICHARD) |
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| Wednesday, June 30, 2021 | ||
| 9 | 9
5
pgs
order
Order ~Util - Set Hearings ~Util - Set/Clear Flags
Wed 06/30 12:12 PM
LETTER ORDER: Initial Conference set for 8/23/2021 at 11:30 AM before Magistrate Judge James B. Clark. Signed by Magistrate Judge James B. Clark on 6/30/2021. (seb) |
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| Monday, June 28, 2021 | ||
| 8 | 8
order
Order Reassigning Case
Tue 06/29 12:59 PM
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Julien Xavier Neals for all further proceedings. Judge Susan D. Wigenton no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 6/28/21. (ak, ) |
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| Wednesday, June 23, 2021 | ||
| 7 | 7
answer
Answer to Complaint
Wed 06/23 2:28 PM
ANSWER to Complaint with JURY DEMAND by EMMANUEL RIVERA.(ZUNIN, JOHN) |
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| 6 | 6
notice
Notice of Appearance
Wed 06/23 2:24 PM
NOTICE of Appearance by JOHN JOSEPH ZUNIN on behalf of EMMANUEL RIVERA (ZUNIN, JOHN) |
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| Monday, June 14, 2021 | ||
| 5 | 5
1
pgs
order
Order
Mon 06/14 11:34 AM
ORDER granting4 Letter re Adjournment of3 Motion to Dismiss. Signed by Judge Susan D. Wigenton on 6/14/2021. (ams, ) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Mon 06/14 11:35 AM
Reset Deadlines as to3 MOTION to Dismiss In lieu of Answer R 12(b)(6) . Motion set for 8/2/2021 before Judge Susan D. Wigenton. 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. (ams, ) |
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| Thursday, June 10, 2021 | ||
| 4 | 4
misc
Letter
Thu 06/10 3:09 PM
Letter from Jonathan A. Ellis, Esq.. (ELLIS, JONATHAN) |
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| Monday, June 07, 2021 | ||
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Mon 06/07 2:16 PM
Set Deadlines as to3 MOTION to Dismiss In lieu of Answer R 12(b)(6) . Motion set for 7/6/2021 before Judge Susan D. Wigenton. 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. (JB, ) |
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| Thursday, June 03, 2021 | ||
| 3 | 3
motion
Dismiss
Thu 06/03 2:39 PM
MOTION to Dismiss In lieu of Answer R 12(b)(6) by COUNTY OF SUSSEX, HARRY SHORTWAY, TOWNSHIP OF VERNON, VERNON POLICE DEPARTMENT, DANIEL B YOUNG. Responses due by 6/22/2021(BUSSEL, TRACY) |
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Att: 1
Brief in support of motion,
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Att: 2
Certification of Exhibits,
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Att: 3
Exhibit A-G,
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Att: 4
Text of Proposed Order Proposed Order
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| 2 | 2
notice
Notice of Appearance
Thu 06/03 2:25 PM
NOTICE of Appearance by TRACY BROOKE BUSSEL on behalf of COUNTY OF SUSSEX, HARRY SHORTWAY, TOWNSHIP OF VERNON, VERNON POLICE DEPARTMENT, DANIEL B YOUNG (BUSSEL, TRACY) |
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| Thursday, May 27, 2021 | ||
| 1 | 1
notice
Notice of Removal
Thu 05/27 12:54 PM
NOTICE OF REMOVAL by COUNTY OF SUSSEX, VERNON POLICE DEPARTMENT, TOWNSHIP OF VERNON from Sussex County Superior Court, case number SSX-L-184-21. ( Filing and Admin fee $ 402 receipt number ANJDC-12500691), filed by COUNTY OF SUSSEX, VERNON POLICE DEPARTMENT, TOWNSHIP OF VERNON.(BUSSEL, TRACY) |
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Att: 1
Exhibit A-B,
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Att: 2
Certificate of Service,
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Att: 3
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Thu 05/27 1:03 PM
Case assigned to Judge Susan D. Wigenton and Magistrate Judge James B. Clark. (jr) |
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