Cecilia Luna-Diaz, et al v. Hackensack Police Department, et al
Defendant: JAMES LUTHER
Plaintiff / Appellee: CECILIA LUNA-DIAZ, Administratrix Ad Prosequendum of the Estate Elvin Diaz, KELVI DIAZ and JULIAN DIAZ
Defendant / Appellee: HACKENSACK POLICE DEPARTMENT, CITY OF HACKENSACK, OFFICER ERVIN HERNANDEZ and POLICE OFFICER JAMES LUTHER
Defendant / Appellant: POLICE SERGEANT MIGUEL MOLINA
Case Number: 23-1177
Filed: January 30, 2023
Court: U.S. Court of Appeals, Third Circuit
Nature of Suit: Other Civil Rights
Docket Report

This docket was last retrieved on February 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 23, 2023 Filing 18 FOLLOW UP LETTER to David T. Pfund, Esq. for Ervin Hernandez requesting the following document(s): Appearance Form within 14 days. (TMM) [Entered: 02/23/2023 10:21 AM]
February 13, 2023 Filing 17 ECF FILER: Response filed by Appellees Julian Diaz, Kelvi Diaz and Cecilia Luna-Diaz in 23-1177, 23-1178 to Clerk's Order entered January 30, 2023 advising of possible dismissal. Certificate of Service dated 02/13/2023. [23-1177, 23-1178]--[Edited 02/13/2023 by CJG] (FEG) [Entered: 02/13/2023 04:13 PM]
February 13, 2023 Filing 16 ECF FILER: Response filed by Miguel Molina Appellant in 23-1177, Appellee in 23-1178 to Clerk's January 30, 2023 Order. Certificate of Service dated 02/13/2023. [23-1177, 23-1178]--[Edited 02/13/2023 by CJG] (ICD) [Entered: 02/13/2023 04:10 PM]
February 13, 2023 Filing 15 ECF FILER: Response filed by Ervin Hernandez Appellee in 23-1177, Appellant in 23-1178 to Clerk's Order entered January 30, 2023. Certificate of Service dated 02/13/2023. Service made by ECF. [23-1177, 23-1178]--[Edited 02/13/2023 by CJG] (MCM) [Entered: 02/13/2023 04:00 PM]
February 13, 2023 Filing 14 ECF FILER: ENTRY OF APPEARANCE from Frederick E. Gerson, Esq. on behalf of Appellee(s) Cecilia Luna-Diaz, Administratrix of the Estate of Elvin Diaz; Kelvi Diaz and Julian Diaz. [23-1177, 23-1178] (FEG) [Entered: 02/13/2023 12:29 PM]
February 13, 2023 Filing 13 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Miguel Molina in 23-1177. [23-1177] --[Edited 02/13/2023 by CJG to remove from the appeal at No. 23-1178, as it does not apply.] (ICD) [Entered: 02/13/2023 10:53 AM]
February 13, 2023 Filing 12 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Miguel Molina in 23-1177 advising this court that no transcripts are available. [23-1177] --[Edited 02/13/2023 by CJG to remove from the appeal at No. 23-1178, as it does not apply.] (ICD) [Entered: 02/13/2023 10:48 AM]
February 13, 2023 Filing 11 ECF FILER: Concise Summary of the Case filed by Appellant Miguel Molina in 23-1177. [23-1177] --[Edited 02/13/2023 by CJG to remove from the Appeal at No. 23-1178 as it does not apply.] (ICD) [Entered: 02/13/2023 10:45 AM]
February 13, 2023 Filing 10 ECF FILER: ENTRY OF APPEARANCE from Ian C. Doris, Esq. on behalf of Appellant(s) Miguel Molina. [23-1177, 23-1178] (ICD) [Entered: 02/13/2023 10:30 AM]
February 10, 2023 Filing 19 ECF FILER: ENTRY OF APPEARANCE from Mary C. McDonnell on behalf of Appellant(s) Elvin Hernandez (improperly pled as Ervin Hernandez.--[Edited 02/10/2023 by TMM] (MCM) [Entered: 02/10/2023 03:29 PM]
February 10, 2023 Filing 6 ECF FILER: Concise Summary of the Case filed by Appellant Ervin Hernandez.--[Edited 02/10/2023 by TMM] (MCM) [Entered: 02/10/2023 03:26 PM]
February 3, 2023 Filing 5 ECF FILER: LETTER from Attorney Thomas B. Hanrahan, Esq. for Appellees City of Hackensack, Hackensack Police Department and James Luther in 23-1177 Letter advising that the City of Hackensack, the City of Hackensack Police Department and James Luther are not participating in the Appeal.. Certificate of Service dated 02/03/2023. Service made by ECF. [23-1177, 23-1178] (TBH) [Entered: 02/03/2023 10:20 AM]
January 30, 2023 Filing 4 CLERK ORDER The appeals are consolidated for purposes of scheduling, joint appendix, the plaintiffs'/appellees' brief, and disposition. Appellants are encouraged to consult with one another regarding the contents of their briefs as the Court disfavors repetitive briefs. Appellants may file a consolidated brief or join in or adopt portions by reference. See Fed. R. App. P. 28(i). The parties are hereby directed to electronically file documents on the Court's docket as follows: Appellants: All case-opening forms, motions, and briefs must be filed only in the appeal number assigned to the filer's notice of appeal. If a document is being filed jointly by multiple appellants, the document must be filed only in the appeal numbers assigned to the filing appellants. Appellees: All case-opening forms must be filed in all appeals in which the appellees intend to participate. All motions should be filed only in those cases for which the relief is being requested. The plaintiffs' consolidated brief must be filed in all appeals to which they are responding. The consolidated joint appendix must be filed in all appeal numbers. The parties are advised that failure to file documents in the appropriate case may result in the issuance of noncompliance order. If any party is unsure how to file a particular document, he or she should call the case manager prior to filing the document. [23-1177, 23-1178] (TMM) [Entered: 01/30/2023 12:18 PM]
January 30, 2023 Opinion or Order Filing 3 ORDER (Clerk) Appellants seek review of the District Court order entered December 30, 2022. The order on appeal may not be final within the meaning of 28 U.S..C. Section 1291 or otherwise appealable at this time. Compare Mitchell v. Forsyth, 472 U.S. 511, 530 (1985), with Johnson v. Jones, 515 U.S. 304, 319-20 (1995). All parties must file written responses addressing this this issue within fourteen (14) days from the date of this order. [23-1177, 23-1178] (TMM) [Entered: 01/30/2023 12:04 PM]
January 30, 2023 Filing 2 RECORD available on District Court CM/ECF. (TMM) [Entered: 01/30/2023 11:12 AM]
January 30, 2023 Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Miguel Molina in District Court No. 2-16-cv-03270. (TMM) [Entered: 01/30/2023 11:04 AM]

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Plaintiff / appellee: CECILIA LUNA-DIAZ, Administratrix Ad Prosequendum of the Estate Elvin Diaz
Represented By: Frederick E. Gerson Esq.
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Plaintiff / appellee: KELVI DIAZ
Represented By: Frederick E. Gerson Esq.
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Plaintiff / appellee: JULIAN DIAZ
Represented By: Frederick E. Gerson Esq.
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Defendant / appellee: HACKENSACK POLICE DEPARTMENT
Represented By: Thomas B. Hanrahan Esq.
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Defendant / appellee: CITY OF HACKENSACK
Represented By: Thomas B. Hanrahan Esq.
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Defendant / appellee: OFFICER ERVIN HERNANDEZ
Represented By: David T. Pfund Esq.
Represented By: Mary C. McDonnell Esq.
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Defendant / appellee: POLICE OFFICER JAMES LUTHER
Represented By: Thomas B. Hanrahan Esq.
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Defendant / appellant: POLICE SERGEANT MIGUEL MOLINA
Represented By: Ian C. Doris Esq.
Represented By: Thomas A. Keenan Esq.
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Defendant: JAMES LUTHER
Represented By: Thomas B. Hanrahan Esq.
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