DARBY et al v. UNITED STATES POSTAL SERVICEet al
| Allen Darby and Shirley Darby |
| John/Jane Does, Nos. 1-5, ABC CORPORATIONS NOS. 1-5, ABC CORPORATIONS #1-5, JOHN DOES #1-5 and JANE DOES #1-5 |
| United States Postal Service, United States of America, State of New Jersey, New Jersey Department of Transportation, United States Postal Service National Tort Center and Kevin Kelly |
| Janet Kohr-Nigro |
| 1:2024cv00539 |
| January 30, 2024 |
| US District Court for the District of New Jersey |
| Renee Marie Bumb |
| Ann Marie Donio |
| Motor Vehicle |
| 39 U.S.C. § 409 Postal Service |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
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Filing 18
TEXT ORDER This matter comes before the Court upon the pre-motion letters filed by Defendant Kevin Kelly, [Docket No. 14] and Defendants State of New Jersey and New Jersey Department of Transportation, [Docket No. 15] (collectively, "Defendants"). Plaintiffs Allen and Shirley Darby ("Plaintiffs") have failed to address either pre-motion letter with seven (7) days as required by Rule I.A of this Courts Individual Rules and Procedures, available at https://www.njd.uscourts.gov/sites/njd/files/ProceduresJudgeReneeMarieBumb.pdf. It is hereby ORDERED that Plaintiffs shall show cause by no later than April 1, 2024, why they have failed to timely respond AND why the relief Defendants' seek in their pre-motion letters should not be granted. If no response is filed, the Court will likely grant Defendants' the relief their motions seek. Plaintiffs shall address both pending pre-motion letters in a single submission not to exceed six pages. So Ordered by Chief Judge Renee Marie Bumb on 03/27/2024. (Costigan, Roberta)
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Filing 17
TEXT ORDER: The in-person initial scheduling conference on 4/9/2024 at 11:30 A.M. shall be, and is hereby, CONVERTED to a TELEPHONIC initial scheduling conference. Counsel shall utilize the following dial-in instructions for the conference call: 1-856-210-8988 / 692 700 482#. Additionally, the joint discovery plan shall either be filed on the docket, or alternatively, emailed to njdnef_donio@njd.uscourts.gov. SO ORDERED by Magistrate Judge Ann Marie Donio on 3/21/2024. (slc)
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| Filing 16 NOTICE of Appearance by KEVIN JAMES MAGGIO on behalf of JANET KOHR-NIGRO, UNITED STATES OF AMERICA, UNITED STATES POSTAL SERVICE, UNITED STATES POSTAL SERVICE NATIONAL TORT CENTER (MAGGIO, KEVIN) |
| Filing 15 Letter from Elizabeth A. Hyland. (HYLAND, ELIZABETH) |
| Filing 14 Letter from Christopher J. Marcucci, Esq.. (MARCUCCI, CHRISTOPHER) |
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Filing 13
TEXT ORDER terminating #12 Motion to Dismiss This matter comes before the Court upon a Motion to Dismiss filed by Defendant Kevin Kelly. [Docket No. 12.] The motion is ADMINISTRATIVELY TERMINATED. Pursuant to the Court's Individual Rules and Procedures I.A., "[i]n an effort to resolve cases expeditiously, before bringing amotion to dismiss... a party must submit a letter requesting a pre-motion conference. The letter must set forth the basis for the anticipated motion." If Defendant seeks to bring a motion to dismiss, he should first comply with this Court's Individual Rules. Signed by Chief Judge Renee Marie Bumb on 03/05/2024. (Costigan, Roberta)
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| Set Deadlines as to #12 MOTION to Dismiss . Motion set for 4/1/2024 before Chief Judge Renee Marie Bumb. 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. (ssp, ) |
| Filing 12 MOTION to Dismiss by KEVIN KELLY. Responses due by 4/1/2024. (Attachments: #1 Text of Proposed Order Order to Dismiss, #2 Certification Certification of Service, #3 Brief Brief in lieu of pleading, #4 Exhibit Exhibit A)(MARCUCCI, CHRISTOPHER) |
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Filing 11
Order Initial Conference set for 4/9/2024 at 11:30 AM in Camden - Courtroom 3B before Magistrate Judge Ann Marie Donio. Signed by Magistrate Judge Ann Marie Donio on 3/1/2024. (ssp, )
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| Filing 10 Defendant Janet Kohr-Nigro's ANSWER to Complaint , First CROSSCLAIM against ABC CORPORATIONS #1-5, JANE DOES #1-5, JOHN DOES #1-5, KEVIN KELLY, NEW JERSEY DEPARTMENT OF TRANSPORTATION, STATE OF NEW JERSEY, UNITED STATES OF AMERICA, UNITED STATES POSTAL SERVICE, UNITED STATES POSTAL SERVICE NATIONAL TORT CENTER by JANET KOHR-NIGRO.(LAMONT, PETER) |
| Filing 9 Application and Proposed Order for Clerk's Order to extend time to answer as to STATE OF NEW JERSEY and NEW JERSEY DEPARTMENT OF TRANSPORTATION. Attorney ELIZABETH A HYLAND (do not use) for NEW JERSEY DEPARTMENT OF TRANSPORTATION,ELIZABETH A HYLAND (do not use) for STATE OF NEW JERSEY added. (HYLAND, ELIZABETH) |
| Clerk`s Text Order - The document #9 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by STATE OF NEW JERSEY, NEW JERSEY DEPARTMENT OF TRANSPORTATION has been GRANTED. The answer due date has been set for 3/15/2024. (ssp, ) |
| Filing 8 AFFIDAVIT of Service for Summons and Complaint served on United State of America, c/o U.S. Attorney's Office on 02/09/2024, filed by ALLEN DARBY, SHIRLEY DARBY. (GREGORIO, ALAINA) |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint served on Kevin Kelly on 02/11/2024, filed by ALLEN DARBY, SHIRLEY DARBY. (GREGORIO, ALAINA) |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Janet Kohr-Nigro on 02/07/2024, filed by ALLEN DARBY, SHIRLEY DARBY. (GREGORIO, ALAINA) |
| Filing 5 AFFIDAVIT of Service for Summons and Complaint served on United States Postal Service on 02/07/2024, filed by ALLEN DARBY, SHIRLEY DARBY. (GREGORIO, ALAINA) |
| Filing 4 AFFIDAVIT of Service for Summons and Complaint served on New Jersey Department of Transportation on 02/07/2024, filed by ALLEN DARBY, SHIRLEY DARBY. (GREGORIO, ALAINA) |
| Filing 3 AFFIDAVIT of Service for Summons and Complaint served on State of New Jersey, Office of the Attorney General on 02/07/2024, filed by ALLEN DARBY, SHIRLEY DARBY. (GREGORIO, ALAINA) |
| Filing 2 SUMMONS ISSUED as to KEVIN KELLY, JANET KOHR-NIGRO, NEW JERSEY DEPARTMENT OF TRANSPORTATION, STATE OF NEW JERSEY, UNITED STATES OF AMERICA, UNITED STATES POSTAL SERVICE, UNITED STATES POSTAL SERVICE NATIONAL TORT CENTER. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ssp, ) |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ssp, ) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party information must be added in CAPITAL LETTERS and addresses should not be added for non-pro se parties; failure to correctly enter party names results in the case caption generating incorrectly, the Cause of Action and Nature of Suit should indicate that this a postal service motor vehicle case . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ssp, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing and Admin fee $ 405 receipt number ANJDC-15049035) with JURY DEMAND, filed by Shirley Darby, Allen Darby. (Attachments: #1 Civil Cover Sheet)(GREGORIO, ALAINA) (Attachment 1 replaced on 2/6/2024) (ssp, ). |
| Chief Judge Renee Marie Bumb and Magistrate Judge Ann Marie Donio added. (dmw) |
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