CITY OF NEWARK v. CITY OF NEW YORK et al
| CITY OF NEWARK, NEW JERSEY, a Municipal Corporation and CITY OF NEWARK |
| Steven Banks, CITY OF NEW YORK, NEW YORK, Bill De Blasio, COMMISSIONER STEVEN BANKS, CITY OF NEW YORK and MAYOR BILL DE BLASIO |
| CITY OF JERSEY CITY |
| 2:2019cv20931 |
| December 2, 2019 |
| US District Court for the District of New Jersey |
| Madeline Cox Arleo |
| Leda D Wettre |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 30, 2020. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 1/30/2020. (kd) |
Filing 45
ORDER; granting #44 the City of Jersey City, letter request for an adjournment of the motion cycle one cycle, to February 18, 2020; etc. Signed by Magistrate Judge Leda D. Wettre on 1/28/2020. (sms)
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| Reset Deadlines as to #28 MOTION to Intervene as Plaintiff. Motion reset for 2/18/2020 before Judge Madeline Cox Arleo. 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. (sms) |
| Filing 44 Letter from Jersey City requesting adjournment re #28 MOTION to Intervene as Plaintiff. (MURRAY, BRITTANY) |
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Filing 43
TEXT ORDER - A Telephone Conference is set for 1/30/2020 at 4:00 pm before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645-3574.So Ordered by Magistrate Judge Leda D. Wettre on 1/21/2020. (kd)
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| Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Settlement Conference held on 1/21/2020. (kd) |
| Filing 42 Certification on behalf of All Defendants Re #41 Brief in Opposition to Motion. (HORAN, BRIAN) |
| Filing 41 BRIEF in Opposition filed by STEVEN BANKS, CITY OF NEW YORK, BILL DE BLASIO re #28 MOTION to Intervene as Plaintiff (HORAN, BRIAN) |
| Pro Hac Vice fee: as to Doris F. Bernhardt, Esq. $ 150, receipt number NEW041661. (sms) |
| Filing 40 REPLY BRIEF to Opposition to Motion filed by CITY OF NEWARK re #22 MOTION to Dismiss Counterclaim (LIPSHUTZ, GARY) |
| Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 1/9/2020. (kd) |
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Filing 39
TEXT ORDER - A settlement conference with counsel for the Cities of Newark and New York only is set for 1/21/2020 at 9:30 a.m. before Magistrate Judge Leda D. Wettre in Newark-Courtroom 3C. So Ordered by Magistrate Judge Leda D. Wettre on 1/9/2020. (rn)
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Filing 38
ORDER; granting #21 Motion for Leave to Appear Pro Hac Vice as to Doris F. Bernhardt, Esq.; counsel shall make payment of $150.00 to the Clerk of the Court, pursuant to Local Civil Rule 101.1(c)(3) of this Court (if not already paid), upon the entry of this Order; etc. Signed by Magistrate Judge Leda D. Wettre on 1/8/2020. (sms)
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| Filing 37 BRIEF in Opposition filed by CITY OF NEW YORK re #22 MOTION to Dismiss Counterclaim (Attachments: #1 Certification of Service)(HORAN, BRIAN) |
| Filing 36 Letter from City of Jersey City re #28 MOTION to Intervene as Plaintiff. (Attachments: #1 Supplement Proposed pleading, Verified Complaint, #2 Certificate of Service)(MURRAY, BRITTANY) |
| Filing 35 Letter re #15 MOTION for Preliminary Injunction , #1 Complaint,. (Attachments: #1 Declaration Supplementing 2019-12-13 Corbin Declaration)(HORAN, BRIAN) |
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Filing 34
ORDER: The motions to seal are hereby TERMINATED WITHOUT PREJUDICE to refiling as an omnibus motion to seal at the appropriate time, in accordance with Local Civil Rule 5.3(c)(1); Documents containing personal identifying information (ECF Nos.4,19,30) shall remain under temporary seal until an omnibus motion to seal is filed and adjudicated; The Clerk of Court is directed to terminate the motions at ECF Nos. 2, 20, and 31; etc. Signed by Magistrate Judge Leda D. Wettre on 1/6/2020. (sms)
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Filing 33
ORDER; re D.E. #28 the City of Jersey City's motion to intervene as a plaintiff in this action; 1.) The City of Jersey City shall supplement its motion to intervene with a proposed pleading in accordance with Rule 24(c) of the Federal Rules of Civil Procedure on or before January 7, 2020; 2.) Defendants shall file their response to the supplemental motion on or before January 21, 2020; and 3.) The City of Jersey City shall file its reply, if any, on or before January 27, 2020. Signed by Magistrate Judge Leda D. Wettre on 1/3/2020. (sms)
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Filing 32
TEXT ORDER There shall be a status telephone conference with counsel for the Cities of Newark and New York only on January 9, 2020, at 9:45 a.m. So Ordered by Magistrate Judge Leda D. Wettre on 1/3/20. (Wettre, Leda)
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| Set/Reset Deadlines as to #31 MOTION to Seal Document #30 Exhibit (to Document),, . Motion set for 2/3/2020 before Judge Madeline Cox Arleo. 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. (ld, ) |
| Filing 31 MOTION to Seal Document #30 Exhibit (to Document),, by STEVEN BANKS, CITY OF NEW YORK, BILL DE BLASIO. (Attachments: #1 Declaration, #2 Index, #3 Text of Proposed Order)(HORAN, BRIAN) |
| Filing 30 Exhibit to #15 Motion for Preliminary Injunction,, #23 Declaration,, Sample Residency Letter by STEVEN BANKS, CITY OF NEW YORK, BILL DE BLASIO. (HORAN, BRIAN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 29 RESPONSE to Motion filed by All Defendants re #2 MOTION to Seal Document (Identification of SOTA Recipient 1) (Attachments: #1 Text of Proposed Order)(HORAN, BRIAN) |
| Filing 28 MOTION to Intervene as Plaintiff by CITY OF JERSEY CITY. (Attachments: #1 Brief in Support, #2 Certification of Counsel, #3 Exhibit A to Cert of Counsel, #4 Exhibit B to Cert of Counsel, #5 Exhibit C to Cert of Counsel, #6 Declaration of Carmen Gandulla, #7 Certificate of Service, #8 Text of Proposed Order)(MURRAY, BRITTANY) |
| Set/Reset Deadlines as to #28 MOTION to Intervene as Plaintiff. Motion set for 1/21/2020 before Judge Madeline Cox Arleo. 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. (ld, ) |
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Filing 27
TEXT ORDER The request for an extension of time at ECF 25 is hereby GRANTED. So Ordered by Magistrate Judge Leda D. Wettre on 12/24/19. (Wettre, Leda)
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| Filing 26 Letter from NYC Regarding Docket Entries 15 and 23 re #15 MOTION for Preliminary Injunction . (KITZINGER, STEPHEN) |
| Filing 25 Letter from The City of New York re #2 MOTION to Seal Document (Identification of SOTA Recipient 1). (KITZINGER, STEPHEN) |
| Set Deadlines as to #21 MOTION for Leave to Appear Pro Hac Vice - Doris F. Bernhardt, #20 MOTION to Seal Document #19 Declaration,, filed in connection with NYC's Motion for Preliminary Injunction, #22 MOTION to Dismiss Counterclaim. Motion set for 1/21/2020 before Judge Madeline Cox Arleo. 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. (sms) |
| Filing 24 RESPONSE re #1 Complaint,. (HORAN, BRIAN) |
| Filing 23 DECLARATION re #1 Complaint, in Opposition to Newark's Motion for Preliminary Injunction by All Defendants. (Attachments: #1 Exhibit 1 - Corbin Decl, #2 Exhibit 2 - Corbin Ex 1, #3 Exhibit 3 - Corbin Ex 2, #4 Exhibit 4 - Corbin Ex 3, #5 Exhibit 5 - Corbin Ex 4, #6 Exhibit 6 - Corbin Ex 5, #7 Exhibit 7 - Corbin Ex 6, #8 Exhibit 8 - Corbin Ex 7, #9 Exhibit 9 - Corbin Ex 8, #10 Exhibit 10 - Corbin Ex 9, #11 Exhibit 11 - Sweet Decl, #12 Exhibit 12 - Goldfein Decl, #13 Exhibit 13 - Redacted Decl, #14 Exhibit 14 - Newark Ordinance, #15 Exhibit 15 - Newark v Apex Stratford, #16 Exhibit 16 - Newark v Garden Spires)(HORAN, BRIAN) |
| Filing 22 MOTION to Dismiss Counterclaim by CITY OF NEWARK. Responses due by 1/7/2020 (Attachments: #1 Brief Brief in Support of Motion to Dismiss and in Opposition to New York's Application for Preliminary Injunction, #2 Text of Proposed Order, #3 Certification, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C)(LIPSHUTZ, GARY) |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice - Doris F. Bernhardt by STEVEN BANKS, CITY OF NEW YORK, BILL DE BLASIO. (Attachments: #1 Declaration of Brian T. Horan, #2 Declaration of Doris F. Bernhardt, #3 Text of Proposed Order)(HORAN, BRIAN) |
| Filing 20 MOTION to Seal Document #19 Declaration,, filed in connection with NYC's Motion for Preliminary Injunction by CITY OF NEW YORK. (Attachments: #1 Declaration of Brian T. Horan, #2 Index of Document to be Sealed, #3 Text of Proposed Order)(HORAN, BRIAN) |
| Filing 19 DECLARATION re #15 MOTION for Preliminary Injunction filed Under Seal by CITY OF NEW YORK. (HORAN, BRIAN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
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Filing 18
ORDER GOVERNING PROTECTION OF CERTAIN CONFIDENTIAL INFORMATION AND OTHER MATTERS; etc. Signed by Magistrate Judge Leda D. Wettre on 12/16/2019. (sms)
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| Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: In Person Conference held on 12/16/2019. (kd) |
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Filing 17
TEXT ORDER There shall be an in-person settlement conference before the undersigned on January 3, 2020, at 10:30 a.m. So Ordered by Magistrate Judge Leda D. Wettre on 12/16/19. (Wettre, Leda)
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| Set/Reset Deadlines as to #15 MOTION for Preliminary Injunction . Motion set for 1/6/2020 before Judge Madeline Cox Arleo. 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. (ld, ) |
| Filing 16 MEMORANDUM in Support filed by CITY OF NEW YORK re #15 MOTION for Preliminary Injunction (KITZINGER, STEPHEN) |
| Filing 15 MOTION for Preliminary Injunction by CITY OF NEW YORK. (Attachments: #1 Declaration of Brian T. Horan, #2 Exhibit 1 to Horan Decl, #3 Exhibit 2 to Horan Decl, #4 Declaration of Sheila Corbin, #5 Exhibit 1 to Corbin Decl, #6 Exhibit 2 to Corbin Decl, #7 Exhibit 3 to Corbin Decl, #8 Exhibit 4 to Corbin Decl, #9 Exhibit 5 to Corbin Decl, #10 Exhibit 6 to Corbin Decl, #11 Exhibit 7 to Corbin Decl, #12 Exhibit 8 to Corbin Decl, #13 Exhibit 9 to Corbin Decl, #14 Declaration of Emily Sweet, #15 Declaration of Joshua Goldfein, #16 Exhibit 1 to Goldfein Decl, #17 Text of Proposed Order)(KITZINGER, STEPHEN) |
| Filing 14 ANSWER to Complaint , COUNTERCLAIM of City of New York against CITY OF NEWARK by All Defendants.(KITZINGER, STEPHEN) |
| Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 12/12/2019. (kd) |
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Filing 13
TEXT ORDER - An in-person conference is set for 12/16/2019 at 11:30 a.m. before Magistrate Judge Leda D. Wettre in Newark-Courtroom 3C. So Ordered by Magistrate Judge Leda D. Wettre on 12/12/2019. (rn)
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Filing 12
ORDER - By 12/13/2019 the City of New York shall file its answer and counterclaim, together with a motion for a preliminary injunction. Opposition to the motion for preliminary injunction by 12/20/2019,et al. A Telephone Conference is set for 12/12/2019 at 10:00 am before Magistrate Judge Leda D. Wettre.Signed by Magistrate Judge Leda D. Wettre on 12/9/2019. (kd)
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| Filing 11 Minute Entry for proceedings held before Judge Madeline Cox Arleo: Status Conference held on 12/9/2019. (aa, ) |
| Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: In Person Conference held on 12/9/2019. (kd) |
| Filing 9 NOTICE of Appearance by BRIAN THOMAS HORAN on behalf of All Defendants (HORAN, BRIAN) |
| Filing 10 Minute Entry for proceedings held before Judge Madeline Cox Arleo: Status Conference held on 12/6/2019. Status Conference set for 12/9/2019 at 11:00 AM in Newark - Courtroom 4A before Judge Madeline Cox Arleo. (Court Reporter/Recorder ECR.) (aa, ) |
| Filing 8 Letter from Gary Lipshutz with a status update in anticipation of conference for 12/6/19. (Attachments: #1 Exhibit New York City Department of Investigation Report, December 5, 2019)(LIPSHUTZ, GARY) |
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Filing 7
TEXT ORDER, scheduling a telephone status conference for 12/6/2019 at 11:00 AM before Judge Madeline Cox Arleo. Plaintiff's counsel shall initiate the call. So Ordered by Judge Madeline Cox Arleo on 12/5/19. (aa, )
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| Filing 6 Letter from Gary Lipshutz requesting a telephone conference today (12/5/19) at 2:30 p.m.. (LIPSHUTZ, GARY) |
| Filing 5 AFFIDAVIT of Service for Order to Show Cause, Brief, Certifications served on Office of Corporation Counsel, Georgia Pestana, Esq. and Thomas Crane, Esq. on 12/4/19, filed by CITY OF NEWARK. (Attachments: #1 Exhibit, #2 Certificate of Service, #3 Certificate of Service)(LIPSHUTZ, GARY) |
| Filing 4 Exhibit to #2 Motion to Seal Document by CITY OF NEWARK. (LIPSHUTZ, GARY)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 3 SUMMONS ISSUED as to STEVEN BANKS, CITY OF NEW YORK, BILL DE BLASIO. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (sms ) |
| Judge Madeline Cox Arleo and Magistrate Judge Leda D. Wettre added. (ps, ) |
| Set Deadlines as to #2 MOTION to Seal Document (Identification of SOTA Recipient 1). Motion set for 1/6/2020 before Judge Madeline Cox Arleo. 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. (sms) |
| Filing 2 MOTION to Seal Document (Identification of SOTA Recipient 1) by CITY OF NEWARK, NEW JERSEY, a Municipal Corporation. (Attachments: #1 Index, #2 Certification, #3 Text of Proposed Order)(LIPSHUTZ, GARY) |
| Filing 1 COMPLAINT against All Defendants ( Filing and Admin fee $ 400 receipt number 0312-10148705) with JURY DEMAND, filed by CITY OF NEWARK, NEW JERSEY, a Municipal Corporation. (Attachments: #1 Text of Proposed Order Order to Show Cause, #2 Brief, #3 Certification Sha-Kira Jones, #4 Exhibit, #5 Exhibit, #6 Certification Natasha Allen, #7 Certification SOTA Recipient)(LIPSHUTZ, GARY) |
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