SMITH v. CITY OF ATLANTIC CITY et al
Plaintiff: Alexander Smith
Defendant: Thomas J. Culleny Jr., SCOTT EVANS, CITY OF ATLANTIC CITY and THOMAS J. CULLENY, JR.
Case Number: 1:2019cv06865
Filed: February 25, 2019
Court: US District Court for the District of New Jersey
Presiding Judge: Robert B Kugler
Referring Judge: Joel Schneider
Nature of Suit: Civil Rights: Accommodations
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 17, 2019 Opinion or Order Filing 23 Transcript of Proceedings held on 3/18/19, before Judge Kugler. Court Reporter/Transcriber Carl Nami (856-757-5019). 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 5/8/2019. Redacted Transcript Deadline set for 5/20/2019. Release of Transcript Restriction set for 7/16/2019. (dd, )
April 17, 2019 Opinion or Order Filing 22 Transcript of Proceedings held on 3/1/19, before Judge Kugler. Court Reporter/Transcriber Carl Nami (856-757-5019). 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 5/8/2019. Redacted Transcript Deadline set for 5/20/2019. Release of Transcript Restriction set for 7/16/2019. (dd, )
March 27, 2019 Opinion or Order Filing 21 TEXT ORDER -- Due to the appeal recently filed by plaintiff, it is hereby ORDERED the scheduled April 24, 2019 initial conference is POSTPONED. So Ordered by Magistrate Judge Joel Schneider on 3/27/19. (Schneider, Joel)
March 26, 2019 Opinion or Order Filing 20 Letter from Defendants re #18 Order Initial Scheduling Conference (Camden). (DELGAUDIO, NICHOLAS)
March 26, 2019 Opinion or Order Filing 19 USCA Case Number 19-1665 for #16 Notice of Interlocutory Appeal, filed by ALEXANDER SMITH. USCA Case Manager Stephanie (Document Restricted - Court Only) (ca3sb, )
March 26, 2019 Opinion or Order Filing 18 Order Initial Conference set for 4/24/2019 at 11:30 AM in Room 2060 before Magistrate Judge Joel Schneider. Signed by Magistrate Judge Joel Schneider on 3/26/2019. (dmr)
March 25, 2019 Opinion or Order Filing 17 NOTICE of Appearance by NICHOLAS DELGAUDIO on behalf of All Defendants (DELGAUDIO, NICHOLAS)
March 25, 2019 Opinion or Order Filing 16 NOTICE OF INTERLOCUTORY APPEAL as to #14 Opinion, #15 Order by ALEXANDER SMITH. Filing fee $ 505, receipt number 0312-9526763. 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. (DROUBI, LUNA)
March 22, 2019 Opinion or Order Filing 15 ORDER Denying Plaintiffs #2 Motion for a Temporary Restraining Order (TRO). Signed by Judge Robert B. Kugler on 3/22/2019. (rss, )
March 22, 2019 Opinion or Order Filing 14 OPINION. Signed by Judge Robert B. Kugler on 3/22/2019. (rss, )
March 18, 2019 Opinion or Order Filing 13 Minute Entry for proceedings held before Judge Robert B. Kugler: Continuation of Evidentiary Hearing #2 Application for Temporary Restraining Order and Preliminary Injunction. Evidentiary Hearing held on 3/18/2019. Ordered #2 application for temporary restraining order and preliminary injunction denied. Opinion and Order to issue. (Court Reporter/Recorder Carl Nami.) (dmr)
March 18, 2019 Opinion or Order Filing 12 TEXT ORDER: Continuation of evidentiary hearing on #2 Application for Temporary Restraining Order and Preliminary Injunction filed by ALEXANDER SMITH is hereby reset for 3/18/2019 at 1:30 PM in Camden - Courtroom 4D before Judge Robert B. Kugler. COUNSEL PLEASE NOTE THE CHANGE IN TIME ONLY. So Ordered by Judge Robert B. Kugler on 3/18/2019. (lm)
March 15, 2019 Opinion or Order Filing 11 DECLARATION by All Defendants. (Attachments: #1 Certification Certification of Chief Scott Evans, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(DELGAUDIO, NICHOLAS)
March 12, 2019 Opinion or Order Filing 10 DECLARATION of Luna Droubi re #2 Brief,, Supplemental Declaration in Further Support of Application for a TRO/PI by ALEXANDER SMITH. (Attachments: #1 Exhibit C - ACFD Employee Witness Affidavit, #2 Exhibit D - Excerpts from the NJ Model Fire Department Respiratory Protection Program, #3 Exhibit E - OSHA Opinion re Alternative Respirators)(DROUBI, LUNA)
March 11, 2019 Opinion or Order Filing 9 TEXT ORDER re: #2 Application for Temporary Restraining Order and Preliminary Injunction filed by ALEXANDER SMITH: Continuation of Evidentiary Hearing set for 3/18/2019 at 10:00 AM in Camden - Courtroom 4D before Judge Robert B. Kugler. So Ordered by Judge Robert B. Kugler on 3/11/2019. (lm)
March 11, 2019 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed by ALEXANDER SMITH. CITY OF ATLANTIC CITY waiver sent on 3/11/2019, answer due 5/10/2019; THOMAS J. CULLENY, JR waiver sent on 3/11/2019, answer due 5/10/2019; SCOTT EVANS waiver sent on 3/11/2019, answer due 5/10/2019. (DROUBI, LUNA)
March 7, 2019 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Settlement Conference held on 3/7/2019. (se, )
March 1, 2019 Opinion or Order Filing 7 Minute Entry for proceedings held before Judge Robert B. Kugler: Evidentiary Hearing held on 3/1/2019. Evidentiary Hearing on #2 Application for Temporary Restraining Order and Preliminary Injunction. Ordered hearing continued without date. (Court Reporter/Recorder Carl Nami, Jr..) (dmr)
March 1, 2019 Opinion or Order Filing 6 TEXT ORDER -- It is hereby ORDERED an in-person settlement conference will be held on March 7, 2019 at 10:00 a.m. Plaintiff and the City of Atlantic City's representative(s) with final authority to settle the case shall appear in person. So Ordered by Magistrate Judge Joel Schneider on 3/1/19. (Schneider, Joel)
February 28, 2019 Opinion or Order Filing 5 NOTICE by ALEXANDER SMITH re #2 Brief,, Proposed Order to Show Cause (DROUBI, LUNA)
February 27, 2019 Opinion or Order Filing 4 SUMMONS ISSUED as to CITY OF ATLANTIC CITY, THOMAS J. CULLENY, JR, SCOTT EVANS. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ssp, )
February 27, 2019 Opinion or Order CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption,Party Information, . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ssp,).
February 26, 2019 Opinion or Order Filing 3 TEXT ORDER re: #2 Application for Temporary Restraining Order and Preliminary Injunction filed by Alexander Smith: Show Cause Hearing set for 3/1/2019 at 09:30 AM in Camden - Courtroom 4D before Judge Robert B. Kugler. Counsel for Plaintiff shall notify Defendants of this proceeding and serve Defendants with copies of the complaint and the motion papers in advance of the hearing. So Ordered by Judge Robert B. Kugler on 2/26/2019. (lm)
February 26, 2019 Opinion or Order Filing 2 MEMORANDUM OF LAW in Support of Application for Temporary Restraining Order and Preliminary Injunction filed by Alexander Smith (Attachments: #1 Proposed Order to Show Cause, #2 Exhibit A, #3 Exhibit B, #4 Declaration of Luna Droubi, #5 Affidavit of Alexander Smith, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6 Part 1, #12 Exhibit 6 Part 2, #13 Exhibit 7, #14 Exhibit 8, #15 Exhibit 9, #16 Exhibit 10, #17 Exhibit 11, #18 Exhibit 12)(dmr)
February 25, 2019 Opinion or Order Judge Robert B. Kugler and Magistrate Judge Joel Schneider added. (dd, )
February 25, 2019 Opinion or Order Filing 1 COMPLAINT against CITY OF ATLANTIC CITY, Thomas J. Culleny Jr., SCOTT EVANS ( Filing and Admin fee $ 400 receipt number 0312-9447683) with JURY DEMAND, filed by Alexander Smith. (Attachments: #1 Exhibit 1 - Fraternal Order of Police Newark Lodge No. 12, #2 Exhibit 2 - Army Directive 2017-03, #3 Civil Cover Sheet)(DROUBI, LUNA)

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Defendant: Thomas J. Culleny Jr.
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Defendant: SCOTT EVANS
Represented By: NICHOLAS DELGAUDIO
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Defendant: CITY OF ATLANTIC CITY
Represented By: NICHOLAS DELGAUDIO
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Defendant: THOMAS J. CULLENY, JR.
Represented By: NICHOLAS DELGAUDIO
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Plaintiff: Alexander Smith
Represented By: LUNA DROUBI
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