431 E PALISADE AVENUE REAL ESTATE, LLC et al v. CITY OF ENGLEWOOD et al
Plaintiff: JOHN AND JANE DOES 1 - 10, 7 NORTH WOODLAND STREET, LLC and 431 E PALISADE AVENUE REAL ESTATE, LLC
Defendant: CITY OF ENGLEWOOD and CITY COUNCIL OF ENGLEWOOD
Amicus Curiae: CONCERNED CITIZENS OF ENGLEWOOD, INC.
Case Number: 2:2019cv14515
Filed: June 28, 2019
Court: US District Court for the District of New Jersey
Presiding Judge: Joseph A Dickson
Referring Judge: Brian R Martinotti
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2019 Opinion or Order Filing 21 STIPULATION AND ORDER GRANTING THE CONCERNED CITIZENS OF ENGLEWOOD, INC. LEAVE TO APPEAR AS AMICUS CURIAE; It is stipulated and agreed between the undersigned attorneys for Plaintiffs, Defendants, and the Concerned Citizens that the Concerned Citizens may appear and participate in this action as amicus curiae to the full extent permitted under law. It is stipulated and agreed between the undersigned attorneys for Plaintiffs, Defendants, and the Concerned Citizens that the Concerned Citizens may (but has no obligation to) file a brief with respect to Plaintiffs' Order to Show Cause no later than August 28, 2019 ( or within seven (7) days of the filing by Defendants of their Opposition Brief, which is due on August 21, 2019); etc. Signed by Judge Brian R. Martinotti on 8/22/2019. (sms)
August 22, 2019 Opinion or Order Set Deadlines as to #20 Cross MOTION for Judgment on the Pleadings and Opposition to Plaintiffs' Order to Show Cause. Motion set for 9/16/2019 before Judge Brian R. Martinotti. 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. (th, )
August 21, 2019 Opinion or Order Filing 20 Cross MOTION for Judgment on the Pleadings and Opposition to Plaintiffs' Order to Show Cause by All Defendants. Responses due by 9/6/2019 (Attachments: #1 Filing Letter, #2 Brief Opposition to OTSC and in support of Cross Motion, #3 Certification Antonelli with Exhibits A-C, #4 Declaration Former Mayors with Exhibit A, #5 Declaration Wayne Scott, #6 Exhibit Wayne Scott Exhibits A-F, #7 Text of Proposed Order, #8 Certificate of Service)(ANTONELLI, DANIEL)
August 21, 2019 Opinion or Order Filing 19 Defendants' ANSWER to Complaint with JURY DEMAND by All Defendants. (Attachments: #1 Filing Letter, #2 Certificate of Service for Answer)(ANTONELLI, DANIEL)
August 20, 2019 Opinion or Order Filing 18 STIPULATION and Proposed Consent Order granting Concerned Citizens of Englewood, Inc., leave to appear as Amicus Curiae by CONCERNED CITIZENS OF ENGLEWOOD, INC.. (KAFAFIAN, MARTIN)
August 20, 2019 Opinion or Order Filing 17 NOTICE of Appearance by MARTIN RICHARD KAFAFIAN on behalf of CONCERNED CITIZENS OF ENGLEWOOD, INC. (KAFAFIAN, MARTIN)
August 20, 2019 Opinion or Order Filing 16 NOTICE of Appearance by MARTIN RICHARD KAFAFIAN on behalf of CONCERNED CITIZENS OF ENGLEWOOD, INC. (KAFAFIAN, MARTIN)
July 25, 2019 Opinion or Order Filing 15 TEXT ORDER: Defendants hereby agree to answer and oppose plaintiffs application for injunctive relief by August 21, 2019; and Plaintiffs will file their reply by September 6, 2019. It is further ordered that oral argument on the motion for preliminary injunction will be heard on September 13, 2019 at 10:00 am in Courtroom 1. SO ORDERED by Judge Brian R. Martinotti on 07/25/2019. (lr, )
July 23, 2019 Opinion or Order Filing 14 ORDER that the meeting of the City Council of Englewood, without waiving any of its rights or potential defenses, shall issue a decision: (1) either approving; or (2) denying; or (3) declining to take any action on the Plaintiff's 1/14/2019 written request seeking an amendment in the City's zoning code. etc. Signed by Judge Brian R. Martinotti on 7/23/2019. (dam, )
July 23, 2019 Opinion or Order Filing 13 Letter from Daniel Antonelli, Esq.. (ANTONELLI, DANIEL)
July 23, 2019 Opinion or Order Filing 12 NOTICE of Appearance by VIVIAN LEKKAS on behalf of CITY COUNCIL OF ENGLEWOOD, CITY OF ENGLEWOOD (Attachments: #1 Certificate of Service Certification of Service, #2 Civil Cover Sheet Filing Letter)(LEKKAS, VIVIAN)
July 23, 2019 Opinion or Order Filing 11 NOTICE of Appearance by DANIEL ANTONELLI on behalf of CITY COUNCIL OF ENGLEWOOD, CITY OF ENGLEWOOD (Attachments: #1 Certificate of Service Certification of Service, #2 Civil Cover Sheet Filing Letter)(ANTONELLI, DANIEL)
July 19, 2019 Opinion or Order Filing 10 Minute Entry for proceedings held before Judge Brian R. Martinotti: Miscellaneous Hearing (Inpsection) held on 7/19/2019. (lr, )
July 18, 2019 Opinion or Order Filing 9 Minute Entry for proceedings held before Judge Brian R. Martinotti: Status Conference held on 7/18/2019. (lr, )
July 9, 2019 Opinion or Order Filing 8 SUMMONS Returned Executed by 431 E PALISADE AVENUE REAL ESTATE, LLC, JOHN AND JANE DOES 1 - 10, 7 NORTH WOODLAND STREET, LLC. CITY COUNCIL OF ENGLEWOOD served on 7/3/2019, answer due 7/24/2019. (YELLIN, MICHAEL)
July 9, 2019 Opinion or Order Filing 7 SUMMONS Returned Executed by 431 E PALISADE AVENUE REAL ESTATE, LLC, JOHN AND JANE DOES 1 - 10, 7 NORTH WOODLAND STREET, LLC. CITY OF ENGLEWOOD served on 7/3/2019, answer due 7/24/2019. (YELLIN, MICHAEL)
July 2, 2019 Opinion or Order Filing 6 NOTICE of Appearance by MICHAEL REDMOND YELLIN on behalf of 431 E PALISADE AVENUE REAL ESTATE, LLC, 7 NORTH WOODLAND STREET, LLC, JOHN AND JANE DOES 1 - 10 (YELLIN, MICHAEL)
June 28, 2019 Opinion or Order Filing 5 SUMMONS ISSUED as to CITY COUNCIL OF ENGLEWOOD, CITY OF ENGLEWOOD. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jr)
June 28, 2019 Opinion or Order Filing 4 Exhibit to #1 Complaint, (Civil Cover Sheet - JS-44)) by 431 E PALISADE AVENUE REAL ESTATE, LLC, 7 NORTH WOODLAND STREET, LLC, JOHN AND JANE DOES 1 - 10. (USATINE, WARREN)
June 28, 2019 Opinion or Order Filing 3 Corporate Disclosure Statement by 431 E PALISADE AVENUE REAL ESTATE, LLC, 7 NORTH WOODLAND STREET, LLC, JOHN AND JANE DOES 1 - 10. (USATINE, WARREN)
June 28, 2019 Opinion or Order Filing 2 APPLICATION/PETITION for Order to Show Cause Why a Preliminary Injunction Should Not Issue Against Defendants for by 431 E PALISADE AVENUE REAL ESTATE, LLC, 7 NORTH WOODLAND STREET, LLC, JOHN AND JANE DOES 1 - 10. (Attachments: #1 Certification of Thomas Herten, Esq., #2 Exhibit A to Herten Certification, #3 Exhibit B (Part 1) to Herten Certification, #4 Exhibit B (Part 2) to Herten Certification, #5 Exhibit C to Herten Certification, #6 Exhibit D to Herten Certification, #7 Exhibit E to Herten Certification, #8 Exhibit F to Herten Certification, #9 Exhibit G to Herten Certification, #10 Exhibit H to Herten Certification, #11 Exhibit I to Herten Certification, #12 Exhibit J to Herten Certification, #13 Exhibit K to Herten Certification, #14 Exhibit L to Herten Certification, #15 Exhibit M to Herten Certification, #16 Brief in Support of Plaintiffs' Application to Preliminarily Enjoin the Defendants from Enforcing the Discriminatory Zoning Code, #17 Text of Proposed Order)(USATINE, WARREN)
June 28, 2019 Opinion or Order Filing 1 COMPLAINT against CITY COUNCIL OF ENGLEWOOD, CITY OF ENGLEWOOD ( Filing and Admin fee $ 400 receipt number 0312-9781061) with JURY DEMAND, filed by 431 E PALISADE AVENUE REAL ESTATE, LLC, JOHN AND JANE DOES 1 - 10, 7 NORTH WOODLAND STREET, LLC.(USATINE, WARREN)
June 28, 2019 Opinion or Order Case assigned to Judge Brian R. Martinotti and Magistrate Judge Joseph A. Dickson. (jr)

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Plaintiff: JOHN AND JANE DOES 1 - 10
Represented By: WARREN A. USATINE
Represented By: MICHAEL REDMOND YELLIN
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Plaintiff: 7 NORTH WOODLAND STREET, LLC
Represented By: WARREN A. USATINE
Represented By: MICHAEL REDMOND YELLIN
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Plaintiff: 431 E PALISADE AVENUE REAL ESTATE, LLC
Represented By: WARREN A. USATINE
Represented By: MICHAEL REDMOND YELLIN
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Defendant: CITY OF ENGLEWOOD
Represented By: VIVIAN LEKKAS
Represented By: DANIEL ANTONELLI
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Defendant: CITY COUNCIL OF ENGLEWOOD
Represented By: VIVIAN LEKKAS
Represented By: DANIEL ANTONELLI
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Amicus curiae: CONCERNED CITIZENS OF ENGLEWOOD, INC.
Represented By: MARTIN RICHARD KAFAFIAN
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