Thomas Gage v. Borough of Hopatcong, et al
| THOMAS I. GAGE |
| BOROUGH OF HOPATCONG, JOHN K. RUSCHKE, PE, WILLIAM T. DONEGAN, SR., PETER A. FICO, Municipal Judge, MORRIS COUNTY MUNICIPAL JIF, Insurer and MUNICIPAL EXCESS LIABILITY JIF |
| 26-1099 |
| January 20, 2026 |
| U.S. Court of Appeals, Third Circuit |
| Other Civil Rights |
Docket Report
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| Filing 53 COMPLIANCE RECEIVED. Motion to file supplemental appendix received from Appellant Mr. Thomas I. Gage. (MS) [Entered: 07/02/2026 11:48 AM] |
| Filing 52 MOTION filed by Appellant Mr. Thomas I. Gage for Leave to File Supplemental Appendix. Response due on 07/13/2026. Certificate of Service dated 07/02/2026. Service made by ECF via Clerk's Office. (MS) [Entered: 07/02/2026 11:47 AM] |
| Filing 51 NON COMPLIANCE Order issued to Appellant Mr. Thomas I. Gage regarding the supplemental appendix attached to reply brief, filed on 06/30/26. Please open the attachment for the full text of the Order. Compliance due by 07/07/2026. (MS) [Entered: 06/30/2026 12:21 PM] |
| Filing 50 PRO SE REPLY BRIEF with Attachments on behalf of Appellant Mr. Thomas I. Gage. Pages: 15. Certificate of Service dated 06/30/2026 by ECF.--[Edited 06/30/2026 by GPK to upload attachments and edit docket text.] (JD) [Entered: 06/30/2026 10:53 AM] |
| Filing 49 HARD COPY RECEIVED from Appellee John K. Ruschke - Supplemental Appendix. Copies: 4. Volumes: 1 (MS) [Entered: 06/15/2026 02:41 PM] |
| Filing 48 HARD COPY RECEIVED from Appellees Borough of Hopatcong, William T. Donegan, Sr., Peter A. Fico, Morris County Municipal JIF and Municipal Excess Liability JIF - Supplemental Appendix. Copies: 4. Volumes: 1 (MS) [Entered: 06/15/2026 02:40 PM] |
| Filing 47 HARD COPY RECEIVED from Appellee John K. Ruschke - Brief. Copies: 7. (KEL) [Entered: 06/15/2026 01:07 PM] |
| Filing 46 HARD COPY RECEIVED from Appellees Borough of Hopatcong, William T. Donegan, Sr., Peter A. Fico, Morris County Municipal JIF and Municipal Excess Liability JIF - Brief. Copies: 7. (KEL) [Entered: 06/15/2026 01:06 PM] |
| Filing 45 TEXT ORDER (Clerk) The foregoing motion filed by Appellees Borough of Hopatcong, William T. Donegan, Sr., Peter A. Fico, Morris County Municipal JIF and Municipal Excess Liability JIF for extension of time to file brief is construed as a motion for leave to file brief out of time. So construed, the motion is granted with filing as of June 1, 2026. The motion filed by Appellees Borough of Hopatcong, William T. Donegan, Sr., Peter A. Fico, Morris County Municipal JIF and Municipal Excess Liability JIF for leave to file supplemental appendix is granted with filing as of June 12, 2026. Appellant's reply brief, if any, must be filed and served within twenty-one (21) days of the date of this Order. (ARR) [Entered: 06/12/2026 05:43 PM] |
| Filing 44 TEXT ORDER (Clerk) directing Attorney Eric L. Harrison, Esq. for Appellees Borough of Hopatcong, John K. Ruschke, William T. Donegan, Sr., Peter A. Fico, Morris County Municipal JIF and Municipal Excess Liability JIF to submit 7 hard copies in red covers for the Appellee's Brief filed on 6/1/26 and 4 hard copies in white covers for the Corrected Supplemental Appendix filed 6/12/26. Due on or before 06/15/2026.This Order does not change the deadline for filing the next brief. (EAF) [Entered: 06/12/2026 01:04 PM] |
| Filing 43 TEXT ORDER (Clerk) directing Attorney Brett M. Lederer, Esq. for Appellee John K. Ruschke to submit 7 hard copies in red covers for the Appellee's Brief filed on 5/27/26 and 4 hard copies in white covers for the Supplemental Appendix filed 6/1/26. Due on or before 06/15/2026.This Order does not change the deadline for filing the next brief. --[Edited 06/12/2026 by EAF - Text edited regarding Supplemental Appendix] (EAF) [Entered: 06/12/2026 01:00 PM] |
| Filing 42 COMPLIANCE RECEIVED. Corrected Supplemental Appendix received from Appellees Borough of Hopatcong, William T. Donegan, Sr., Peter A. Fico, Morris County Municipal JIF and Municipal Excess Liability JIF. (EAF) [Entered: 06/12/2026 12:34 PM] |
| Filing 41 ECF FILER: CORRECTED ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Appellees Borough of Hopatcong, William T. Donegan, Sr., Peter A. Fico, Morris County Municipal JIF and Municipal Excess Liability JIF. Certificate of service dated 06/12/2026 by ECF. [26-1099] (ELH) [Entered: 06/12/2026 10:01 AM] |
| Filing 40 TEXT ORDER (Clerk) directing Attorney Brett M. Lederer, Esq. for Appellee John K. Ruschke to submit 7 hard copies in red covers for the brief e-filed on 05/27/26, and 4 copies in white covers for the supplemental appendix e-filed on 06/01/26. Due on or before 06/15/2026. (MS) [Entered: 06/10/2026 09:39 AM] |
| Filing 39 TEXT ORDER (Clerk) directing Attorney Eric L. Harrison, Esq. for Appellees Borough of Hopatcong, William T. Donegan, Sr., Peter A. Fico, Morris County Municipal JIF and Municipal Excess Liability JIF to re-file the Supplemental Appendix including a cover page and Table of Contents for the Supplemental Appendix filed on 6/8/26. NOTE: Hard copies must be identical to electronic version (4 white paper copies). Due on or before 06/12/2026.This Order does not change the deadline for filing the next brief. (EAF) [Entered: 06/09/2026 11:48 AM] |
| Filing 38 ECF FILER: ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Appellees Borough of Hopatcong, William T. Donegan, Sr., Peter A. Fico, Morris County Municipal JIF and Municipal Excess Liability JIF. Certificate of service dated 06/08/2026 by ECF. --[Edited 06/09/2026 by EAF - NONCOMPLIANT; will be removed once re-filed] --[Edited 06/12/2026 by EAF - Attachment removed; re-filed as of 6/12/26] [26-1099] (ELH) [Entered: 06/08/2026 04:38 PM] |
| Filing 37 ECF FILER: Motion filed by Appellees Borough of Hopatcong, William T. Donegan, Sr., Peter A. Fico, Morris County Municipal JIF and Municipal Excess Liability JIF for Leave to File Supplemental Appendix. Certificate of Service dated 06/08/2026. Service made by ECF. --[Edited 06/09/2026 by EAF - Text edited] [26-1099] (ELH) [Entered: 06/08/2026 04:37 PM] |
| Filing 36 ECF FILER: CERTIFICATE OF SERVICE for Appellee's Brief (Doc #32). Service made on 06/08/2026 by ECF. --[Edited 06/09/2026 by EAF - Text edited] [26-1099] (ELH) [Entered: 06/08/2026 04:32 PM] |
| Filing 35 TEXT ORDER (Clerk) granting motion filed by Appellee John K. Ruschke for leave to file supplemental appendix, with filing as of June 1, 2026. (ARR) [Entered: 06/04/2026 12:39 PM] |
| Filing 34 TEXT ORDER (Clerk) directing Attorney Eric L. Harrison, Esq. for Appellees Borough of Hopatcong, John K. Ruschke, William T. Donegan, Sr., Peter A. Fico, Morris County Municipal JIF and Municipal Excess Liability JIF to 1) file an amended certificate of service showing the correct address for Appellant (P.O. Box 4210) for the Appellee's Brief AND 2) file a motion for Leave to File Supplemental Appendix 3) re-file Supplemental Appendix including a cover page and Table of Contents in electronic and hard copy format (4 white paper copies) for the Supplemental Appendix filed on 6/2/26. Due on or before 06/08/2026.This Order does not change the deadline for filing the next brief. --[Edited 06/09/2026 by EAF - Text edited] (EAF) [Entered: 06/03/2026 10:17 AM] |
| Filing 33 COMPLIANCE RECEIVED. Separately filed supplemental appendix and motion to supplement the appendix received from Appellee John K. Ruschke. (MS) [Entered: 06/02/2026 09:42 AM] |
| Filing 32 ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Borough of Hopatcong, William T. Donegan, Sr., Peter A. Fico, Morris County Municipal JIF and Municipal Excess Liability JIF. Certificate of Service dated 06/01/2026 by ECF. --[Edited 06/03/2026 by EAF - Event and text edited; Appendix requested to re-file] [26-1099] (ELH) [Entered: 06/01/2026 05:04 PM] |
| Filing 31 ECF FILER: Motion filed by Appellees Borough of Hopatcong, Morris County Municipal JIF, Municipal Excess Liability JIF, William T. Donegan, Sr. and Peter A. Fico for Extension of Time to file Appellant Brief and Appendiz until/for 19 days. Certificate of Service dated 06/01/2026. Service made by ECF. [26-1099]--[Edited 06/02/2026 by SB] (ELH) [Entered: 06/01/2026 04:58 PM] |
| Filing 30 ECF FILER: ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Appellee John K. Ruschke. Certificate of service dated 06/01/2026 by ECF, Email. [26-1099] (BML) [Entered: 06/01/2026 01:50 PM] |
| Filing 29 ECF FILER: Motion filed by Appellee John K. Ruschke to supplement the appendix. Certificate of Service dated 06/01/2026. Service made by US mail, ECF, Email. [26-1099] (BML) [Entered: 06/01/2026 01:48 PM] |
| Filing 28 Clerk's letter to counsel for appellee requesting response within 10 days on the intention of participation in this appeal. (SB) [Entered: 06/01/2026 08:26 AM] |
| Filing 27 TEXT ORDER (Clerk) directing Attorney Brett M. Lederer, Esq. for Appellee John K. Ruschke to file Supplemental Appendix as a separate electronic transaction, and to file a motion for leave to file supplemental appendix. Due on or before 06/01/2026.This Order does not change the deadline for filing the next brief. (MS) [Entered: 05/28/2026 10:26 AM] |
| Filing 26 ECF FILER: ELECTRONIC BRIEF on behalf of Appellee John K. Ruschke. Certificate of Service dated 05/27/2026 by ECF, Email. [26-1099] - [Supplemental appendix has been deleted from this entry by the Clerk as it was filed separately]--[Edited 06/02/2026 by MS] (BML) [Entered: 05/27/2026 03:02 PM] |
| Filing 25 Appellant's Notice to Clerk Regarding Briefing Schedule.. Certificate of Service dated 05/21/2026. Service made by Email. (SB) [Entered: 05/21/2026 03:43 PM] |
| Filing 24 Appellant's Response to Appellee Ruscke's Letter of Opposition to Motion for Mediation. Certificate of service dated 05/15/2026. Service made by Email. [SEND TO MERITS]--[Edited 05/19/2026 by SB] (SB) [Entered: 05/18/2026 03:45 PM] |
| Filing 23 ECF FILER: Letter to the Merits Panel in response to Appellant Thomas Gage's Motion to Refer to Mediation. filed by Appellee John K. Ruschke. Certificate of Service dated 05/12/2026. Service made by ECF, Email. [26-1099] [SEND TO MERITS]--[Edited 05/19/2026 by SB] (BML) [Entered: 05/12/2026 12:43 PM] |
Filing 22
ORDER (Clerk) referring Motion by Appellant for Mediation Before Honorable Michael A. Chagares Chief Judge to the merits panel. The merits panel will be constituted upon completion of briefing. At that time, any referred motions, along with the parties submitted briefs, will be reviewed. (SB) [Entered: 05/07/2026 12:39 PM]
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| Filing 21 Motion by Appellant for Mediation Before Honorable Michael A. Chagares Chief Judge. Response due on 05/14/2026. Certificate of Service dated 04/29/2026. Service made by Email.[SEND TO MERITS]--[Edited 05/07/2026 by SB] (SB) [Entered: 05/05/2026 12:13 PM] |
| Filing 20 CLERK'S OFFICE QUALITY CONTROL MESSAGE: Judgment and Commitment Order ERROR: Docketed in wrong case. CORRECTION: The docket entry #19 will be deleted. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (KR) [Entered: 04/30/2026 09:17 AM] |
| Filing 18 EXHIBIT(S) [2 video files] on behalf of Appellant Mr. Thomas I. Gage submitted via email to Clerk's Office on 4/13/2026. (GPK) [Entered: 04/15/2026 12:07 PM] |
| Filing 17 Appellee John K. Ruschke verbally granted an extension of time to file brief until 05/27/2026 pursuant to 3d Cir. L.A.R. 31.4. (SB) [Entered: 04/14/2026 11:57 AM] |
| Filing 16 APPENDIX on behalf of Appellant Mr. Thomas I. Gage. Volumes: 1. Certificate of Service dated 04/13/2026. Service to counsel parties of record via CM/ECF.--[Edited 04/17/2026 by GPK to correct service text.] (JD) [Entered: 04/13/2026 04:24 PM] |
| Filing 15 PRO SE BRIEF on behalf of Appellant Mr. Thomas I. Gage. Pages: 29, Certificate of Service dated 04/13/2026. Service to counsel/parties of record via CM/ECF.--[Edited 04/17/2026 by GPK to correct service text.] (JD) [Entered: 04/13/2026 04:23 PM] |
| Filing 14 Appellant's Amendment of Pending Judicial Notice referred to the Mertits Panel on 3/11/26. Certificate of Service dated 03/30/2026. Service made by Email. [SEND TO MERITS]--[Edited 04/03/2026 by SB] (SB) [Entered: 03/31/2026 10:55 AM] |
| Filing 13 TEXT ORDER (Clerk) granting motion filed by Appellant Mr. Thomas I. Gage for extension of time to file brief and appendix until April 15, 2026. Appellant is advised that the motion for judicial notice was previously referred to the merits panel. The merits panel will be constituted upon completion of briefing. At that time, any referred motions, along with the parties' submitted briefs, will be reviewed. (ARR) [Entered: 03/11/2026 01:17 PM] |
| Filing 12 MOTION filed by Appellant Mr. Thomas I. Gage to Stay or Extend Time to File the Brief. Response due on 03/16/2026. Certificate of Service dated 03/05/2026. Service made by Email. (SB) [Entered: 03/09/2026 12:08 PM] |
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Filing 11
ORDER (Clerk) Motion by Appellant for Judicial Notice is referred to the merits panel. (SB) [Entered: 02/23/2026 12:27 PM]
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| Filing 10 Judicial Notice filed by Appellant. Certificate of Service dated 02/17/2026. Service made by Email. (SEND TO MERITS)--[Edited 02/23/2026 by SB] (SB) [Entered: 02/18/2026 04:16 PM] |
| Filing 9 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (SB) [Entered: 02/02/2026 02:15 PM] |
| Filing 8 BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Thomas I. Gage due on or before 03/16/2026. Appendix due on or before 03/16/2026. (SB) [Entered: 02/02/2026 02:13 PM] |
| Filing 7 ECF FILER: ENTRY OF APPEARANCE from Eric L. Harrison on behalf of Appellee(s) Morris County Municipal JIF and Municipal Excess Liability JIF. [26-1099] (ELH) [Entered: 02/02/2026 10:46 AM] |
| Filing 6 Notice received from the district court that the docketing and filing fees were paid by the appellant on 01/28/2026. (SB) [Entered: 02/02/2026 09:46 AM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Eric L. Harrison on behalf of Appellee(s) Borough of Hopatcong, Peter A. Fico, and William Donegan. [26-1099] (ELH) [Entered: 01/30/2026 12:25 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Brett Lederer on behalf of Appellee(s) John K. Ruschke, P.E.. [26-1099] (BML) [Entered: 01/29/2026 12:28 PM] |
| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (SB) [Entered: 01/20/2026 02:10 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (SB) [Entered: 01/20/2026 02:08 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Mr. Thomas I. Gage in District Court No. 2:25-cv-03696. (SB) [Entered: 01/20/2026 02:04 PM] |
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