LASSITER-COVINGTON et al v. TOWNSHIP OF HILLSIDE et al
| NYISHA LASSITER-COVINGTON, AS ADMINISTRATRIX OF THE ESTATE OF JERMAINE COVINGTON, NIJEE COVINGTON, A MINOR BY HIS GUARDIAN NYISHA LASSITER COVINGTON, NYISHA LASSITER-COVINGTON, INDIVIDUALLY, N.C and NYISHA LASSITER COVINGTON |
| UNDERSHERIFF DENNIS BURKE, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, JOHN DOES #11-12 (AS YET UNIDENTIFIED UNION TOWNSHIP OFFICIALS OR OFFICERS), SHERIFF OFFICER OGRADY, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, DETECTIVE YOUNG, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, LIEUTENANT QIANA BROWN, IN HER OFFICIAL AND INDIVIDUAL CAPACITIES, OFFICER KRYSTI JANUSZ, IN HER OFFICIAL AND INDIVIDUAL CAPACITIES, OFFICER ANTOINE BROWN, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, SHERIFF PETER CORVELLI, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, CAPTAIN NICOLA LOMONTE, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, SHERIFF OFFICER YASINSKI, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, JOHN U. DOE #7-10 (AS YET UNIDENTIFIED UNION COUNTY OR UNION COUNTY SHERIFFS OFFICE SHERIFF OFFICERS), JOHN H. DOES #1-6 (AS YET UNIDENTIFIED HILLSIDE OFFICERS), POLICE CHIEF VINCENT RICCIARDI, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, SERGEANT DANIEL WANAT, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, OFFICER NATALIE OGONOWSKI, IN HER OFFICIAL AND INDIVIDUAL CAPACITIES, DETECTIVE WILSON, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, OFFICER JOSEPH VETTER, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, UNDERSHERIFF AMILAR COLON, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, OFFICER CARLOS GRASSA, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, UNION COUNTY, THE UNION COUNTY SHERIFFS DEPARTMENT, OFFICER ANA ISCOA-PALACIOS, IN HER OFFICIAL AND INDIVIDUAL CAPACITIES, SGT. DANIEL WANAT, JOHN H. DOES #1-6, DETECTIVE WILSON, THE UNION COUNTY SHERIFF'S DEPARTMENT, DETECTIVE YOUNG, UNION COUNTY, OFFICER ANTOINE BROWN, JOHN U. DOE #7-10, SHERIFF OFFICER O'GRADY, OFFICER CARLOS GRASSA, UNDERSHERIFF AMILAR COLON, SHERIFF PETER CORVELLI, OFFICER NATALIE OGONOWSKI, UNDERSHERIFF DENNIS BURKE, OFFICER KRYSTI JANUSZ, VINCENT RICCIARDI, LT. QIANA BROWN, SHERIFF OFFICER YASINSKI, OFFICER JOSEPH VETTER, CPT. NICOLA LOMONTE, JOHN DOES #11-12 and OFFICER ANA ISCOA-PALACIOS |
| TOWNSHIP OF HILLSIDE |
| 2:2020cv07461 |
| June 18, 2020 |
| US District Court for the District of New Jersey |
| Michael E Farbiarz |
| Edward S Kiel |
| Brian R Martinotti |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on July 6, 2023. A more recent docket listing may be available from PACER.
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Filing 82
TEXT ORDER: A telephone status conference is scheduled for August 10, 2023 at 10:00 a.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. The parties shall file a joint letter, at least three days before the conference, advising of the status of discovery and any other issues to be addressed. So Ordered by Magistrate Judge Edward S. Kiel on 7/6/2023. (sms)
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Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 7/6/2023. (sms)
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Filing 81
Letter from Shelley L. Stangler, Esq. re Status re 72 Order,. (STANGLER, SHELLEY)
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Filing 79
LETTER ORDER that Mediation to proceed June 22, 2023; fact discovery to be completed by June 30, 2023; Plaintiff affirmative reports by August 15, 2023; Defense rebuttal reports by September 30, 2023; expert depositions by October 25, 2023. Signed by Magistrate Judge Edward S. Kiel on 5/26/2023. (sm)
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Filing 78
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Michael E. Farbiarz for all further proceedings. Judge Brian R. Martinotti no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 5/26/2023. (ps)
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Filing 80
TEXT ORDER: As plaintiffs have advised that "[t]he deposition of the funeral director Mr. Curry was taken May 15, 2023 pursuant to [the Court's] Order and certain issues resolved" (ECF No. #77 ), the motion to hold fact witness in contempt (ECF No. #74 ) is administratively terminated without prejudice. Signed by Magistrate Judge Edward S. Kiel on 5/24/2023. (sms)
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Filing 77
Letter from Shelley L. Stangler, Esq. re Status. (STANGLER, SHELLEY)
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Filing 76
Certification on behalf of All Plaintiffs Re #74 Motion to hold in Contempt, #75 Order,,. (Attachments: #1 Certificate of Service, #2 Letter to Judge Kiel)(STANGLER, SHELLEY)
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Filing 75
ORDER that Curry shall file a reply to the Motion by May 1, 2023; if Curry does not timely file a reply to the Motion, Curry is ordered to appear for his deposition on May 23, 2023 at 10:00 a.m. at the offices of Shelley L. Stangler, Esq. (see ECF No. 74-2 p. 6) for his deposition; Plaintiffs counsel shall serve this order on Curry by regular mail, certified mail (return receipt requested), and overnight mail delivery by April 28, 2023; Plaintiffs counsel is directed to refile the papers in support of the Motion with correct jurats pursuant to 29 U.S.C. 1746 by April 28, 2023. Signed by Magistrate Judge Edward S. Kiel on 4/24/2023. (sm)
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Set Deadlines as to #74 MOTION to hold FACT WITNESS JAMES RONALD CURRY, CEO OF PLINTON CURRY FUNERAL HOMES WESTFIELD IN CONTEMPT . Motion set for 5/15/2023 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. (sm)
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Filing 74
MOTION to hold FACT WITNESS JAMES RONALD CURRY, CEO OF PLINTON CURRY FUNERAL HOMES WESTFIELD IN CONTEMPT by All Plaintiffs. (Attachments: #1 Certificate of Service, #2 Certification, #3 Text of Proposed Order)(STANGLER, SHELLEY)
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Filing 73
LETTER ORDER granting the #71 Parties' request to complete fact discovery by April 30, 2023. Signed by Magistrate Judge Edward S. Kiel on 3/14/2023. (qa, )
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Filing 72
TEXT ORDER: A telephone status conference is scheduled for July 6, 2023 at 11:30 a.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. The parties shall file a joint letter, at least three days before the conference, advising of the status of discovery and any other issues to be addressed. So Ordered by Magistrate Judge Edward S. Kiel on 3/14/2023. (sms)
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Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 3/14/2023. (sms)
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Filing 71
Letter from Shelley L. Stangler, Esq. re parties submit a joint status letter re 67 Order,,. (STANGLER, SHELLEY)
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Filing 70
Letter from Shelley L. Stangler, Esq. re Mediator re #69 Order. (STANGLER, SHELLEY)
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Filing 69
LETTER ORDER granting the parties' request for an additional week through 12/12/2022 to choose a mediator. Signed by Magistrate Judge Edward S. Kiel on 12/2/2022. (sm)
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Filing 68
Letter from Shelley L. Stangler, Esq. re Mediator re 67 Order,,. (STANGLER, SHELLEY)
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Filing 66
ORDER granting #63 Motion for Reconsideration of 10/28/2022 Order. Signed by Magistrate Judge Edward S. Kiel on 11/22/2022. (lag, )
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Filing 67
TEXT ORDER: A telephone status conference is scheduled for March 14, 2023 at 11:30 a.m. The dial in number is 1-888-684-8852 and the access code is 310-0383#. The parties are directed to file a joint letter, at least three business days before the telephone status conference, advising of the status of discovery, any pending motions, and any other issues to be addressed. Additionally, the parties are directed to confer on the appointment of a mediator and shall file a letter by December 2, 2022 advising the Court of whether the parties have agreed to a mediator. If the parties cannot agree, the Court will appoint a mediator pursuant to Local Rule 301.1. So Ordered by Magistrate Judge Edward S. Kiel on 11/22/2022. (sms)
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Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Settlement Conference held on 11/22/2022. (sms)
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Filing 65
Letter from WILLIAM T. DONEGAN, ESQ.. (DONEGAN, WILLIAM)
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Filing 64
Certification of Defendants on behalf of All Defendants. (LESICA, NOEL)
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Filing 63
MOTION for Reconsideration re #62 Order, by All Plaintiffs. (Attachments: #1 Certification, #2 Certificate of Service, #3 Brief, #4 Text of Proposed Order)(STANGLER, SHELLEY)
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Set Deadlines as to #63 MOTION for Reconsideration re #62 Order, . Motion set for 12/5/2022 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. (sm)
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Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Settlement Conference held on 10/28/2022. (sms)
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Filing 62
ORDER that an in-person settlement conference is scheduled for 11/22/2022 at 1:30 p.m. before Magistrate Judge Edward S. Kiel in Courtroom 8, United States Post Office and Courthouse; the parties request for an extension of the period for discovery #60 is DENIED. Signed by Magistrate Judge Edward S. Kiel on 10/28/2022. (sm)
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Filing 61
Letter from Matthew P. Lyons, Esq.. (LYONS, MATTHEW)
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Filing 60
Letter from Shelley L. Stangler, Esq. re Status re 59 Order,. (STANGLER, SHELLEY)
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Filing 59
TEXT ORDER: The settlement conference previously scheduled for October 5, 2022 is adjourned to October 28, 2022 at 10:00 a.m. The settlement conference will be conducted by Zoom and the login credentials will be provided. So Ordered by Magistrate Judge Edward S. Kiel on 9/6/2022. (sms)
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Filing 58
Letter from Shelley L. Stangler, Esq. re Adjournment Request re #57 Scheduling Order,. (STANGLER, SHELLEY)
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Filing 57
ORDER that a Settlement Conference is scheduled for 10/5/2022 at 1:30 PM before Magistrate Judge Edward S. Kiel; fact discovery is extended for a final time through 11/15/2022; all affirmative expert reports shall be served by 12/15/2022; responsive expert reports by 1/15/2023; depositions of all experts shall be completed by 2/15/2023. Signed by Magistrate Judge Edward S. Kiel on 8/29/2022. (sm)
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Filing 56
Letter from Matthew P. Lyons, Esq.. (LYONS, MATTHEW)
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Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 8/29/2022. (sms)
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Filing 55
NOTICE of Appearance by NOEL A. LESICA on behalf of TOWNSHIP OF HILLSIDE, QIANA BROWN, ANTOINE BROWN, DETECTIVE WILSON, DETECTIVE YOUNG, CARLOS GRASSA, ANA ISCOA-PALACIOS, KRYSTI JANUSZ, NICOLA LOMONTE, NATALIE OGONOWSKI, VINCENT RICCIARDI, JOSEPH VETTER, DANIEL WANAT (LESICA, NOEL)
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Filing 54
Letter from Shelley L. Stangler, Esq. re Status re #52 Scheduling Order. (STANGLER, SHELLEY)
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Filing 53
Substitution of Attorney - Attorney SHELLEY LYNN STANGLER terminated. Attorney SHELLEY LYNN STANGLER for NYISHA LASSITER COVINGTON,SHELLEY LYNN STANGLER for N.C added.. (STANGLER, SHELLEY)
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Filing 52
ORDER that a telephone status conference is scheduled for 8/29/2022 at 10:00 a.m. etc. Signed by Magistrate Judge Edward S. Kiel on 4/27/2022. (qa, )
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Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 4/27/2022. (sms)
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Filing 51
Letter from Shelley L. Stangler, Esq. re Status re 47 Order,. (STANGLER, SHELLEY)
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Filing 50
Substitution of Attorney - Attorney TRACY BROOKE BUSSEL terminated. Attorney MATTHEW P. LYONS for TOWNSHIP OF HILLSIDE,MATTHEW P. LYONS for TOWNSHIP OF HILLSIDE,MATTHEW P. LYONS for QIANA BROWN,MATTHEW P. LYONS for QIANA BROWN,MATTHEW P. LYONS for ANTOINE BROWN,MATTHEW P. LYONS for ANTOINE BROWN,MATTHEW P. LYONS for DETECTIVE WILSON,MATTHEW P. LYONS for DETECTIVE WILSON,MATTHEW P. LYONS for DETECTIVE YOUNG,MATTHEW P. LYONS for DETECTIVE YOUNG,MATTHEW P. LYONS for CARLOS GRASSA,MATTHEW P. LYONS for CARLOS GRASSA,MATTHEW P. LYONS for ANA ISCOA-PALACIOS,MATTHEW P. LYONS for ANA ISCOA-PALACIOS,MATTHEW P. LYONS for KRYSTI JANUSZ,MATTHEW P. LYONS for KRYSTI JANUSZ,MATTHEW P. LYONS for NICOLA LOMONTE,MATTHEW P. LYONS for NICOLA LOMONTE,MATTHEW P. LYONS for NATALIE OGONOWSKI,MATTHEW P. LYONS for NATALIE OGONOWSKI,MATTHEW P. LYONS for VINCENT RICCIARDI,MATTHEW P. LYONS for VINCENT RICCIARDI,MATTHEW P. LYONS for JOSEPH VETTER,MATTHEW P. LYONS for JOSEPH VETTER,MATTHEW P. LYONS for DANIEL WANAT,MATTHEW P. LYONS for DANIEL WANAT added.. (LYONS, MATTHEW)
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Filing 49
TEXT ORDER: Defendants' motion for issuance of a commission to serve out-of-state-subpoena (Motion) (ECF No. 46) is DENIED. Defendants are directed to review Federal Rule of Civil Procedure 45 for the proper procedure to issue a subpoena on a non-resident third-party. The Clerk of the Court is directed to terminate the Motion at ECF No. 46. So Ordered by Magistrate Judge Edward S. Kiel on 1/10/2022. (sms)
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Set Deadlines as to #46 MOTION Order granting issuance of a commission to serve out-of-state Subpoena . Motion set for 1/18/2022 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. (bt, )
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Filing 48
ORDER that Plaintiff's answers to interrogatories to Hillside are to be served by 12/31/2021; Plaintiff's answers to interrogatories to Union County to be served by 1/14/2022; Union County answers to interrogatories to be served by 12/31/2021; discovery disputes on paper discovery to be provided in a joint letter to the Court by 2/28/2022; depositions to be completed by 5/30/2022. Signed by Magistrate Judge Edward S. Kiel on 12/20/2021. (sm)
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Filing 47
TEXT ORDER: A telephone status conference is scheduled for April 27, 2022 at 10:00 a.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. Please mark your calendars accordingly. The parties shall file a joint letter, at least three days before the conference, advising of the status of discovery and any other issues to be addressed. So Ordered by Magistrate Judge Edward S. Kiel on 12/20/2021. (sms)
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Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 12/20/2021. (sms)
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Filing 46
MOTION Order granting issuance of a commission to serve out-of-state Subpoena by TOWNSHIP OF HILLSIDE, QIANA BROWN, ANTOINE BROWN, DETECTIVE WILSON, DETECTIVE YOUNG, CARLOS GRASSA, ANA ISCOA-PALACIOS, KRYSTI JANUSZ, NICOLA LOMONTE, NATALIE OGONOWSKI, VINCENT RICCIARDI, JOSEPH VETTER, DANIEL WANAT. (Attachments: #1 Exhibit Commission for Out of State Subpoena, #2 Certification Certification of Counsel, #3 Exhibit A, #4 Text of Proposed Order Proposed Order)(BUSSEL, TRACY)
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Filing 45
STATUS REPORT Joint Submission by TOWNSHIP OF HILLSIDE, QIANA BROWN, ANTOINE BROWN, DETECTIVE WILSON, DETECTIVE YOUNG, CARLOS GRASSA, ANA ISCOA-PALACIOS, KRYSTI JANUSZ, NICOLA LOMONTE, NATALIE OGONOWSKI, VINCENT RICCIARDI, JOSEPH VETTER, DANIEL WANAT. (BUSSEL, TRACY)
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Filing 44
NOTICE of Appearance by TRACY BROOKE BUSSEL on behalf of TOWNSHIP OF HILLSIDE, QIANA BROWN, ANTOINE BROWN, DETECTIVE WILSON, DETECTIVE YOUNG, CARLOS GRASSA, ANA ISCOA-PALACIOS, KRYSTI JANUSZ, NICOLA LOMONTE, NATALIE OGONOWSKI, VINCENT RICCIARDI, JOSEPH VETTER, DANIEL WANAT (BUSSEL, TRACY)
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Filing 43
ORDER that the punitive damages claims as to the Township of Hillside and all individual Hillside Defendants in their official capacities only are DISMISSED with PREJUDICE; the negligent infliction of emotional dismissal claims as to Hillside Defendants are DISMISSED with PREJUDICE; that Hillside Defendants Motion for Judgment on the Pleadings (ECF No. 36) as to the 1983 claim against Chief Ricciardi in his individual capacity is GRANTED without PREJUDICE; that Hillside Defendants Motion for Judgment on the Pleadings (ECF No. 36) as to the NJCRA claim against Chief Ricciardi in his individual capacity is GRANTED without PREJUDICE; that Hillside Defendants Motion for Judgment on the Pleadings (ECF No. 36) as to the intentional infliction of emotional distress claim is DENIED without PREJUDICE as to Officer Vetter and GRANTED without PREJUDICE as to all other Hillside Defendants. Signed by Judge Brian R. Martinotti on 9/20/2021. (sm)
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Filing 42
OPINION. Signed by Judge Brian R. Martinotti on 9/20/2021. (sm)
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Filing 41
TEXT ORDER: A telephone status conference is set for December 20, 2021 at 10:00 a.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. Please mark your calendars accordingly. The parties shall file a joint letter, at least three days before the conference, advising of the status of discovery and any other issues to be addressed. So Ordered by Magistrate Judge Edward S. Kiel on 9/14/2021. (sms)
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Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 9/14/2021. (sms)
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Filing 40
Letter from Shelley L. Stangler, Esq. re Status re #39 Scheduling Order. (STANGLER, SHELLEY)
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Set Deadlines as to #36 MOTION to Dismiss . Motion set for 6/21/2021 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. (bt, )
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Filing 39
ORDER: A telephone status conference is scheduled for 9/14/2021 at 10:00 a.m. before Magistrate Judge Edward S. Kiel, The period for fact discovery is extended through 11/30/2021 etc. Signed by Magistrate Judge Edward S. Kiel on 5/26/2021. (bt, )
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Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 5/26/2021. (Court Reporter/Recorder None.) (as, )
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Filing 38
REPLY BRIEF to Opposition to Motion filed by TOWNSHIP OF HILLSIDE, QIANA BROWN, ANTOINE BROWN, DETECTIVE WILSON, DETECTIVE YOUNG, CARLOS GRASSA, ANA ISCOA-PALACIOS, KRYSTI JANUSZ, NICOLA LOMONTE, NATALIE OGONOWSKI, VINCENT RICCIARDI, JOSEPH VETTER, DANIEL WANAT re #36 MOTION to Dismiss (Attachments: #1 Certification of Exhibits, #2 Exhibit E)(LYONS, MATTHEW)
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Filing 37
BRIEF in Opposition filed by TOWNSHIP OF HILLSIDE, QIANA BROWN, ANTOINE BROWN, DETECTIVE WILSON, DETECTIVE YOUNG, CARLOS GRASSA, ANA ISCOA-PALACIOS, KRYSTI JANUSZ, NICOLA LOMONTE, NATALIE OGONOWSKI, VINCENT RICCIARDI, JOSEPH VETTER, DANIEL WANAT re #36 MOTION to Dismiss (Attachments: #1 Exhibit Cover Letter)(LYONS, MATTHEW)
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Filing 36
MOTION to Dismiss by TOWNSHIP OF HILLSIDE, QIANA BROWN, ANTOINE BROWN, DETECTIVE WILSON, DETECTIVE YOUNG, CARLOS GRASSA, ANA ISCOA-PALACIOS, KRYSTI JANUSZ, NICOLA LOMONTE, NATALIE OGONOWSKI, VINCENT RICCIARDI, JOSEPH VETTER, DANIEL WANAT. Responses due by 6/7/2021 (Attachments: #1 Brief in support of motion, #2 Certification of Exhibits, #3 Exhibit A-D, #4 Text of Proposed Order Proposed Order)(LYONS, MATTHEW)
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Filing 35
Letter from Shelley L. Stangler, Esq. re Status re #22 Scheduling Order, 31 Order,,,,,. (STANGLER, SHELLEY)
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Filing 34
TEXT ORDER: The Court is in receipt of plaintiff's counsel's letter filed on April 22, 2021 (ECF No. #33 ) seeking clarification of the briefing schedule with respect to the pending motion to dismiss at ECF No. #27 . The parties are directed to abide by the text order entered on April 19, 2021 at ECF No. 31 . So Ordered by Magistrate Judge Edward S. Kiel on 4/26/2021. (as, )
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Filing 33
Letter from Shelley L. Stangler, Esq. re #32 Order, 31 Order,,,,,. (STANGLER, SHELLEY)
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Filing 32
ORDER granting #30 Letter Rule 7.1 request for a one-cycle adjournment to May 17, 2021. Signed by Judge Brian R. Martinotti on 4/19/2021. (qa, )
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Filing 31
TEXT ORDER: The Court has reviewed plaintiff's letter filed on April 13, 2021 (ECF No. #29 ) requesting, on consent, that the return date of the pending motion to dismiss filed on April 6, 2021 (ECF No. #27 ) be adjourned from May 3, 2021 to June 7, 2021, with opposition to be filed by May 24, 2021. The request is DENIED. In the interest of efficient case management and to avoid piecemeal extensions of briefing, the parties are directed to: (1) meet and confer, and agree on a briefing schedule for the opposition and reply brief; (2) serve the opposition and reply brief on the opposing party in accordance with the briefing schedule; and (3) refrain from filing any papers on ECF. Once all papers have been exchanged between counsel pursuant to the agreed-upon briefing schedule, defendants shall, within seven days thereafter, simultaneously file all papers-the motion to dismiss under a new notice of motion, the opposition, and the reply brief-under three separate docket entries. Pursuant to District Judge Martinotti's preferences, no courtesy copies should be served on the Court. The Clerk of the Court is directed to administratively terminate the Motion at ECF No. 27. So Ordered by Magistrate Judge Edward S. Kiel on 4/19/2021. (as, )
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Filing 30
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by All Plaintiffs re #27 MOTION to Dismiss (STANGLER, SHELLEY)
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Filing 29
Letter from Shelley L. Stangler, Esq. - adjournment request re Set/Reset Motion and R&R Deadlines/Hearings,. (STANGLER, SHELLEY)
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Filing 28
County defendants' ANSWER to Complaint with JURY DEMAND separate defenses, CROSSCLAIM against TOWNSHIP OF HILLSIDE, QIANA BROWN, ANTOINE BROWN, DETECTIVE WILSON, DETECTIVE YOUNG, CARLOS GRASSA, ANA ISCOA-PALACIOS, KRYSTI JANUSZ, JOHN DOES #11-12, JOHN H. DOES #1-6, JOHN U. DOE #7-10, NICOLA LOMONTE, NATALIE OGONOWSKI, VINCENT RICCIARDI, JOSEPH VETTER, DANIEL WANAT by PETER CORVELLI, AMILAR COLON, DENNIS BURKE, SHERIFF OFFICER O'GRADY, THE UNION COUNTY SHERIFF'S DEPARTMENT, UNION COUNTY, SHERIFF OFFICER YASINSKI.(DONEGAN, WILLIAM)
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Set Deadlines as to #27 MOTION to Dismiss . Motion set for 5/3/2021 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. (bt, )
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Filing 27
MOTION to Dismiss by TOWNSHIP OF HILLSIDE, QIANA BROWN, ANTOINE BROWN, DETECTIVE WILSON, DETECTIVE YOUNG, CARLOS GRASSA, ANA ISCOA-PALACIOS, KRYSTI JANUSZ, NICOLA LOMONTE, NATALIE OGONOWSKI, VINCENT RICCIARDI, JOSEPH VETTER, DANIEL WANAT. Responses due by 4/19/2021 (Attachments: #1 Brief in support of motion to dismiss, #2 Certification of Exhibits, #3 Exhibit Exhibits A-D, #4 Text of Proposed Order Proposed Order)(LYONS, MATTHEW)
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Filing 26
ORDER that Moving Defendants Motion to Dismiss #7 Count II (Monell Liability against Union County and/or UCSD) is DENIED; that Moving Defendants Motion to Dismiss #7 Count III (Supervisory Liability and Individual Liability) is DENIED; that Moving Defendants Motion to Dismiss #7 Count V (NJCRA) is DENIED; that Moving Defendants Motion to Dismiss #7 Count VI (Negligence) is DENIED; that Moving Defendants Motion to Dismiss #7 Count VII (Wrongful Death) is DENIED; that Moving Defendants Motion to Dismiss #7 Count IX (Intentional and Negligent Infliction of Emotional Distress) is GRANTED as to both Intentional Infliction of Emotional Distress and Negligent Infliction of Emotional Distress. Signed by Judge Brian R. Martinotti on 3/29/2021. (sm)
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Filing 25
OPINION. Signed by Judge Brian R. Martinotti on 3/29/2021. (sm)
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Filing 24
TEXT ORDER: A telephone status conference is set for May 26, 2021 at 10:00 a.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. Please mark your calendars accordingly. The parties shall file a joint letter, at least three days before the conference, advising of the status of discovery and any other issues to be addressed. The Court's Case Management Order can be found at https://www.njd.uscourts.gov/sites/njd/files/CaseManagementOrder.pdf. So Ordered by Magistrate Judge Edward S. Kiel on 2/16/2021. (as, )
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Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 2/16/2021. (Court Reporter/Recorder None.) (as, ) Modified on 2/16/2021 (as, ).
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Filing 23
Letter from Shelley L. Stangler, Esq. re Status re #22 Scheduling Order. (STANGLER, SHELLEY)
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Filing 22
PRETRIAL SCHEDULING ORDER. Signed by Magistrate Judge Edward S. Kiel on 10/29/2020. (sm)
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Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephonic Scheduling Conference held on 10/29/2020. (Court Reporter/Recorder None.) (as, )
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Filing 21
Joint Discovery Plan by All Plaintiffs.(STANGLER, SHELLEY)
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Filing 20
BRIEF in Opposition filed by All Plaintiffs re #7 First MOTION to Dismiss BY UNION COUNTY AND THE UNION COUNTY SHERIFFS OFFICE (Attachments: #1 Judge Martinottis Opinion re Goodell v. Lanigan, et al., #2 Text of Proposed Order)(STANGLER, SHELLEY)
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Filing 19
ORDER that Plaintiff's opposition to Union County's Motion to Dismiss be submitted in 12 point font; etc. Signed by Judge Brian R. Martinotti on 10/13/2020. (sm)
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Filing 18
Letter from Shelley L. Stangler, Esq. re 12 point font re #11 Order. (STANGLER, SHELLEY)
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Filing 17
ANSWER to Complaint with JURY DEMAND by TOWNSHIP OF HILLSIDE, QIANA BROWN, ANTOINE BROWN, DETECTIVE WILSON, DETECTIVE YOUNG, CARLOS GRASSA, ANA ISCOA-PALACIOS, KRYSTI JANUSZ, NICOLA LOMONTE, NATALIE OGONOWSKI, VINCENT RICCIARDI, JOSEPH VETTER, DANIEL WANAT. (Attachments: #1 Civil Cover Sheet)(LYONS, MATTHEW)
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Filing 16
LETTER ORDER: A telephonic initial scheduling conference shall be held on October 29, 2020 at 2:00 p.m. before Magistrate Judge Edward S. Kiel. The Court will provide counsel with dial-in instructions. The parties shall file a proposed Joint Discovery Plan no later than three business days before the scheduled initial conference. The Court's form Joint Discovery Plan can be found at www.njd.uscourts.gov/content/edward-s-kiel. Signed by Magistrate Judge Edward S. Kiel on 9/15/2020. (as, )
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Filing 15
ORDER that that time Defendant(s) may serve and file a responsive pleading to the Complaint is extended for 30 days from the date hereof. Signed by Magistrate Judge Edward S. Kiel on 9/9/2020. (sm)
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Filing 14
NOTICE of Appearance by MATTHEW P. LYONS on behalf of TOWNSHIP OF HILLSIDE, QIANA BROWN, ANTOINE BROWN, DETECTIVE WILSON, DETECTIVE YOUNG, CARLOS GRASSA, ANA ISCOA-PALACIOS, KRYSTI JANUSZ, NICOLA LOMONTE, NATALIE OGONOWSKI, VINCENT RICCIARDI, JOSEPH VETTER, DANIEL WANAT (LYONS, MATTHEW)
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Filing 13
STIPULATION Extending Time to Answer or Move by TOWNSHIP OF HILLSIDE, QIANA BROWN, ANTOINE BROWN, DETECTIVE WILSON, DETECTIVE YOUNG, CARLOS GRASSA, ANA ISCOA-PALACIOS, KRYSTI JANUSZ, NICOLA LOMONTE, NATALIE OGONOWSKI, VINCENT RICCIARDI, JOSEPH VETTER, DANIEL WANAT. (LYONS, MATTHEW)
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Filing 12
Letter from Shelley L. Stangler, Esq.. (STANGLER, SHELLEY)
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Reset Deadlines as to #7 First MOTION to Dismiss . Motion set for 11/2/2020 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. (sm)
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Filing 11
ORDER adjourning the motion date of defendants' motion to dismiss to 11/2/2020 with opposition due 10/19/2020. Signed by Judge Brian R. Martinotti on 9/2/2020. (sm)
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Filing 10
Letter from Shelley L. Stangler, Esq. - adjournment request re Set/Reset Motion and R&R Deadlines/Hearings,. (STANGLER, SHELLEY)
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Filing 9
CERTIFICATION in Support filed by DENNIS BURKE, AMILAR COLON, PETER CORVELLI, SHERIFF OFFICER O'GRADY, SHERIFF OFFICER YASINSKI, THE UNION COUNTY SHERIFF'S DEPARTMENT, UNION COUNTY re #7 First MOTION to Dismiss (Attachments: #1 Exhibit Plaintiff's complaint)(DONEGAN, WILLIAM)
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Filing 8
BRIEF in Support filed by DENNIS BURKE, AMILAR COLON, PETER CORVELLI, SHERIFF OFFICER O'GRADY, SHERIFF OFFICER YASINSKI, THE UNION COUNTY SHERIFF'S DEPARTMENT, UNION COUNTY re #7 First MOTION to Dismiss (DONEGAN, WILLIAM)
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Filing 7
First MOTION to Dismiss by DENNIS BURKE, AMILAR COLON, PETER CORVELLI, SHERIFF OFFICER O'GRADY, SHERIFF OFFICER YASINSKI, THE UNION COUNTY SHERIFF'S DEPARTMENT, UNION COUNTY. Responses due by 8/25/2020 (Attachments: #1 Text of Proposed Order)(DONEGAN, WILLIAM)
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Set Deadlines as to #7 First MOTION to Dismiss . Motion set for 9/21/2020 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. (qa, )
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Clerk`s Text Order - The document #5 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by PETER CORVELLI, AMILAR COLON, DENNIS BURKE, SHERIFF OFFICER O'GRADY, THE UNION COUNTY SHERIFF'S DEPARTMENT, UNION COUNTY, SHERIFF OFFICER YASINSKI has been GRANTED. The answer due date has been set for 8/25/2020. (qa, )
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Filing 6
NOTICE of Appearance by WILLIAM T. DONEGAN on behalf of SHERIFF OFFICER O'GRADY (DONEGAN, WILLIAM)
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Filing 5
Application and Proposed Order for Clerk's Order to extend time to answer Attorney WILLIAM T. DONEGAN for DENNIS BURKE,WILLIAM T. DONEGAN for AMILAR COLON,WILLIAM T. DONEGAN for PETER CORVELLI,WILLIAM T. DONEGAN for SHERIFF OFFICER O'GRADY,WILLIAM T. DONEGAN for SHERIFF OFFICER YASINSKI,WILLIAM T. DONEGAN for THE UNION COUNTY SHERIFF'S DEPARTMENT,WILLIAM T. DONEGAN for UNION COUNTY added. (DONEGAN, WILLIAM)
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Filing 4
SUMMONS Returned Executed by NYISHA LASSITER COVINGTON. TOWNSHIP OF HILLSIDE served on 7/21/2020, answer due 8/11/2020; QIANA BROWN served on 7/21/2020, answer due 8/11/2020; ANTOINE BROWN served on 7/21/2020, answer due 8/11/2020; DENNIS BURKE served on 7/21/2020, answer due 8/11/2020; AMILAR COLON served on 7/21/2020, answer due 8/11/2020; PETER CORVELLI served on 7/21/2020, answer due 8/11/2020; DETECTIVE WILSON served on 7/21/2020, answer due 8/11/2020; DETECTIVE YOUNG served on 7/21/2020, answer due 8/11/2020; CARLOS GRASSA served on 7/21/2020, answer due 8/11/2020; ANA ISCOA-PALACIOS served on 7/21/2020, answer due 8/11/2020; KRYSTI JANUSZ served on 7/21/2020, answer due 8/11/2020; NICOLA LOMONTE served on 7/21/2020, answer due 8/11/2020; NATALIE OGONOWSKI served on 7/21/2020, answer due 8/11/2020; VINCENT RICCIARDI served on 7/21/2020, answer due 8/11/2020; SHERIFF OFFICER O'GRADY served on 7/21/2020, answer due 8/11/2020; SHERIFF OFFICER YASINSKI served on 7/21/2020, answer due 8/11/2020; THE UNION COUNTY SHERIFF'S DEPARTMENT served on 7/21/2020, answer due 8/11/2020; UNION COUNTY served on 7/21/2020, answer due 8/11/2020; JOSEPH VETTER served on 7/21/2020, answer due 8/11/2020; DANIEL WANAT served on 7/21/2020, answer due 8/11/2020. (STANGLER, SHELLEY)
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Filing 3
SUMMONS ISSUED as to TOWNSHIP OF HILLSIDE, QIANA BROWN, ANTOINE BROWN, DENNIS BURKE, AMILAR COLON, PETER CORVELLI, DETECTIVE WILSON, DETECTIVE YOUNG, CARLOS GRASSA, ANA ISCOA-PALACIOS, KRYSTI JANUSZ, NICOLA LOMONTE, NATALIE OGONOWSKI, VINCENT RICCIARDI, SHERIFF OFFICER O'GRADY, SHERIFF OFFICER YASINSKI, THE UNION COUNTY SHERIFF'S DEPARTMENT, UNION COUNTY, JOSEPH VETTER, DANIEL WANAT. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (qa, )
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CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information: For future filings, please enter any additional Party Information as Party Text . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (qa, )
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Case Assigned to Judge Brian R. Martinotti and Magistrate Judge Edward S. Kiel. (ak, )
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Filing 2
Corporate Disclosure Statement by NIJEE COVINGTON, A MINOR BY HIS GUARDIAN NYISHA LASSITER COVINGTON, NYISHA LASSITER-COVINGTON, AS ADMINISTRATRIX OF THE ESTATE OF JERMAINE COVINGTON, NYISHA LASSITER-COVINGTON, INDIVIDUALLY. (STANGLER, SHELLEY)
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Filing 1
COMPLAINT against All Defendants ( Filing and Admin fee $ 400 receipt number ANJDC-10963940) with JURY DEMAND, filed by NYISHA LASSITER-COVINGTON, AS ADMINISTRATRIX OF THE ESTATE OF JERMAINE COVINGTON, NYISHA LASSITER-COVINGTON, INDIVIDUALLY, NIJEE COVINGTON, A MINOR BY HIS GUARDIAN NYISHA LASSITER COVINGTON. (Attachments: #1 Civil Cover Sheet, #2 Summons)(STANGLER, SHELLEY)
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