Mark Newton, et al v. WalMart Inc, et al
| MARK NEWTON and ANDREA NEWTON |
| WALMART INC, BERNADETTE FIORE, individually and in her official capacity as Union County Criminal Division Manager, TOWNSHIP OF UNION, New Jersey, DANIEL ZIESER, individually and in his official capacity as Director of Policeindividually and in his official capacity as Director of Police, POLICE OFFICER DOROTHY MASCILDO, individually and in her official capacity, POLICE OFFICER GAETANO D'ALESSANDRO, individually and in his official capacity, LIEUTENANT PIETRO DIGENA, individually and in his official capacity, DWAYNE MAYS, SERGEANT MICHAEL WITTERONGLE, individually and in his official capacity, POLICE OFFICER RICARDO SANTOS, individually and in his official capacity, POLICE OFFICER JOSEPH DEVLIN, individually and in his official capacity, COUNTY OF UNION, New Jersey and BRIAN RIORDON, individually and in his official capacity as Union County Director of the Department of Corrections |
| 25-2314 |
| July 14, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Other Civil Rights |
Docket Report
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This docket was last retrieved on September 30, 2025. A more recent docket listing may be available from PACER.
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Filing 16
ORDER (Clerk) directing status report to be filed on or before 10/30/2025. (SB) [Entered: 09/30/2025 08:51 AM]
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Filing 15
ORDER (BIBAS, PORTER and MONTGOMERY-REEVES, Circuit Judges) In order to be timely, Appellant needed to file his notice of appeal within 30 days of when the District Court entered its order on May 22, 2025. See Fed. R. App. P. 4(a)(1)(A). Appellant filed his original notice of appeal on July 9, 2025, or more than 30 days after the District Court entered its order. However, Appellants letter to the District Court filed on June 30, 2025, as well as his notice of appeal filed on July 9, 2025, may be construed as requests for relief under Federal Rules of Appellate Procedure 4(a)(5) and/or Rule 4(a)(6). Accordingly, we hereby remand this matter to the District Court for the limited purpose so that Court can consider in the first instance whether Appellant is entitled to relief under those Rules. We express no opinion as to whether Appellant has met the Rule 4(a)(5) or Rule 4(a)(6) criteria. Pending resolution of this matter in the District Court, we will hold in abeyance all other matters before this Court. Either party may timely appeal the District Courts disposition if it disagrees with the outcome. See Amatangelo v. Borough of Donora, 212 F.3d 776, 780 (3d Cir. 2000). If the District Court grants relief under Rule 4(a)(5) or Rule 4(a)(6), Appellant does not need to file another notice of appeal, the relief will apply to the notice of appeal that he has already filed. Our Clerk shall send Appellants response to the notice of possible dismissal of his appeal due to a jurisdictional defect to the District Court.. Panel No.: ALD-222. Montomery-Reeves, Authoring Judge. (SB) [Entered: 09/30/2025 08:49 AM]
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| Filing 14 RESPONSE on behalf of Appellant Mr. Mark Newton to Legal Division letter advising of possible dismissal [ # 3 ]. Certificate of Service dated 08/09/2025. Service made by US mail. (SB) [Entered: 09/02/2025 10:42 AM] |
| Filing 13 ECF FILER: ENTRY OF APPEARANCE from Joseph D. Sams on behalf of Appellee(s) Bernadette Fiore. [25-2314] (JDS) [Entered: 08/19/2025 09:08 AM] |
| Filing 12 ECF FILER: ENTRY OF APPEARANCE from Patrick J. McDonnell, Esquire on behalf of Appellee(s) Walmart, Inc.. [25-2314] (PJM) [Entered: 08/11/2025 01:18 PM] |
| Filing 11 FOLLOW UP LETTER to Attorney Brett J. Haroldson, Esq. for Appellee Bernadette Fiore requesting the following document(s): Appearance Form on or before 08/12/2025. (SB) [Entered: 07/29/2025 03:45 PM] |
| Filing 10 FOLLOW UP LETTER to Attorney Moshood Muftau, Esq. for Appellee County of Union requesting the following document(s): Appearance Form on or before 08/12/2025. (SB) [Entered: 07/29/2025 03:41 PM] |
| Filing 9 FOLLOW UP LETTER to Attorney Allan C. Roth, Esq. for Appellee Joseph Devlin requesting the following document(s): Appearance Form on or before 08/12/2025. (SB) [Entered: 07/29/2025 03:34 PM] |
| Filing 8 FOLLOW UP LETTER to Attorney Nicholas A. Grieco, Esq. for Appellee Ricardo Santos requesting the following document(s): Appearance Form on or before 08/12/2025. (SB) [Entered: 07/29/2025 03:31 PM] |
| Filing 7 FOLLOW UP LETTER to Attorney Robert F. Varady, Esq. for Appellant Michael Witterongle requesting the following document(s): Appearance Form on or before 08/12/2025. (SB) [Entered: 07/29/2025 03:29 PM] |
| Filing 6 FOLLOW UP LETTER to Daniel Antonelli, Esq. for Appellees Township of Union, Daniel Zieser, Dorothy Mascildo, Gaetano D'Alessandro and Pietro Digena and Jarrid H. Kantor, Esq. for Appellees Township of Union, Daniel Zieser, Dorothy Mascildo, Gaetano D'Alessandro and Pietro Digena requesting the following document(s): Appearance Form on or before 08/12/2025. (SB) [Entered: 07/29/2025 03:26 PM] |
| Filing 5 FOLLOW UP LETTER to Attorney Patrick J. McDonnell, Esq. for Appellees WalMart Inc and Dwayne Mays requesting the following document(s): Appearance Form on or before 08/12/2025. (SB) [Entered: 07/29/2025 03:23 PM] |
| Filing 4 Certified copy of Amended notice of appeal filed in the district court on 07/22/2025 received from Clerk of District Court. (SB) [Entered: 07/23/2025 12:03 PM] |
| Filing 3 LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to jurisdictional defect. (MW) [Entered: 07/16/2025 11:26 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (SB) [Entered: 07/14/2025 11:03 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Mr. Mark Newton in District Court No. 2:15-cv-06228. (SB) [Entered: 07/14/2025 10:56 AM] |
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