LITTLE v. TOWNSHIP OF IRVINGTON et al
| TANISHA H. LITTLE and TANISHA LITTLE |
| Gerald Malek, TOWNSHIP OF IRVINGTON, TRACY BOWERS, Deputy Chief HAROLD WALLACE, Deputy Chief KENNETH PRICE, SGT JERRY RAMOS, MAURICE GATTISON, Musa Maliek, Claude Maxwell, JOSEPH SANTIAGO, UNION PBA LOCAL 29, JERRY RAMOS, MEMBER ERIC SIMMONS, MEMBER RUI GRANJA, JOHN DOE(S), HEAD DOE(S), SGT. CLAUDE MAXWELL and MEMBER JEANETTE MOLINA |
| 2:2020cv14766 |
| October 21, 2020 |
| US District Court for the District of New Jersey |
| Claire C Cecchi |
| Edward S Kiel |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 13 ANSWER to Amended Complaint by TRACY BOWERS, MAURICE GATTISON, GERALD MALEK, MUSA MALIEK, CLAUDE MAXWELL, KENNETH PRICE, JERRY RAMOS, JOSEPH SANTIAGO, TOWNSHIP OF IRVINGTON, HAROLD WALLACE.(BARBETTA, TIMOTHY) |
| Filing 12 NOTICE of Appearance by TIMOTHY M. BARBETTA on behalf of TRACY BOWERS, MAURICE GATTISON, GERALD MALEK, MUSA MALIEK, CLAUDE MAXWELL, KENNETH PRICE, JERRY RAMOS, JOSEPH SANTIAGO, TOWNSHIP OF IRVINGTON, HAROLD WALLACE (BARBETTA, TIMOTHY) |
| Request for Clerk's ENTRY OF DEFAULT for failure to plead or otherwise defend is Denied. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the Clerk must enter the party's default. Please submit any affidavit of service or proof of service regarding this request. (dam) |
| Filing 11 MOTION for Default Judgment by All Plaintiffs. (HAWKINS, ELDRIDGE) Modified on 11/29/2020 (dam). |
Filing 10
TEXT ORDER: The Motion to Amend Complaint by plaintiff Tanisha Little filed on November 20, 2020 (ECF No. #6 ) is administratively terminated without prejudice for non-compliance with Federal Rule of Civil Procedure 15(a) and Local Rule 15.1(a). Pursuant to Rule 15(a)(1), a party may amend its pleading once as a matter of course within 21 days of serving it or 21 days after service of a responsive pleading or motion under Rule 12(b), (e), or (f), whichever is earlier. First, plaintiff already amended her complaint as a matter of course in New Jersey Superior Court before this matter was removed to this Court. Second, the Motion to Amend does not identify when the prior pleading was served, and no responsive pleading or motion under Rule 12 has been filed. As such, plaintiff may not avail herself of Rule 15(a)(1) and, accordingly, must seek to amend the First Amended Complaint by consent, or, with the Court's leave. The Motion to Amend Complaint (ECF No. #6 ) does not comply with Local Rule 15.1(a), which provides that "a party who seeks leave to amend a pleading shall do so by motion, which shall state whether such motion is opposed, and shall attach to the motion: (1) a copy of the proposed amended pleading; and (2) a form of the amended pleading that shall indicate in what respect(s) it differs from the pleading which it proposes to amend, by bracketing or striking through materials to be deleted and underlining materials to be added." Furthermore, Local Rule 15.1(a) adds that "[i]f the motion to amend is granted, the moving party shall file the original forthwith as the amended pleading." As such, the pleadings filed by plaintiff at ECF Nos. 5 and 7 were never authorized and shall be stricken from the docket, since plaintiff neither obtained consent nor leave of Court to file the Second Amended Complaint. Until plaintiff strictly complies with the Federal Rules and Local Rules, no application to amend will be entertained, and no amended pleading will be deemed filed.". So Ordered by Magistrate Judge Edward S. Kiel on 11/23/2020. (as, )
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Filing 9
LETTER ORDER: A telephonic initial scheduling conference shall be held on January 14, 2021 at 10:00 a.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 11/23/2020. (as, )
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| Filing 8 Letter from Eldridge Hawkins, Esq. re #7 Amended Complaint,. (HAWKINS, ELDRIDGE) |
| Filing 7 SECOND AMENDED COMPLAINT against All Defendants filed by TANISHA LITTLE. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Exhibit, #4 Exhibit, #5 Certificate of Service, #6 Text of Proposed Order)(HAWKINS, ELDRIDGE) Modified on 11/23/2020 (dam). |
| Set Deadlines as to #6 Plaintiff's MOTION to Amend Complaint. Motion set for 12/21/2020 before Judge Claire C. Cecchi. 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. (dam) |
| CLERK'S QUALITY CONTROL MESSAGE - The #5 Attachment # 1 "Notice of Motion to Amend Complaint" filed by E. HAWKINS on 11/20/2020 was submitted incorrectly. For future reference, please refer to the event "Amend/Correct," which can be found under the "Motions" category. This submission will remain on the docket unless otherwise ordered by the court. (dam) |
| Filing 6 MOTION to Amend Complaint by Plaintiff TANISHA LITTLE. (Attachments: #1 Exhibit A-C, #2 Exhibit D-F, #3 Text of Proposed Order, #4 Proof of Service, #5 Certification)(dam) |
| Filing 5 SECOND AMENDED COMPLAINT against UNION PBA LOCAL 29, JEANETTE MOLINA, ERIC SIMMONS, RUI GRANJA, filed by TANISHA LITTLE. (Attachments: #1 NOTICE OF MOTION, #2 ORDER, #3 PROOF OF SERVICE, #4 ATTACHMENTS, #5 ATTACHMENTS, #6 CERTIFICATION)(HAWKINS, ELDRIDGE) Modified on 11/21/2020 (dam). |
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Filing 4
TEXT ORDER: The removal of this case from state court on October 21, 2020, based on the claims asserted under 42 U.S.C. 1983 and the Health Insurance Portability and Accountability Act (ECF No. 1), may have occurred more than 30 days after service of process upon defendants in violation of 28 U.S.C. 1446(b). However, an objection to untimely removal is waivable because it is a mere procedural defect. If removal of this case was untimely and plaintiff intends to object based on untimeliness, then plaintiff must file a formal motion to remand to state court by November 20, 2020 in accordance with 28 U.S.C. 1447(c). Otherwise, that objection will be deemed waived and this litigation will proceed in federal court. So Ordered by Magistrate Judge Edward S. Kiel on 11/16/2020. (as, )
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| Filing 3 NOTICE of Compliance by All Defendants (BARBETTA, TIMOTHY) Modified on 10/25/2020 (dam). |
| Filing 2 Exhibit to #1 Notice of Removal by TRACY BOWERS, MAURICE GATTISON, Gerald Malek, Musa Maliek, Claude Maxwell, KENNETH PRICE, JERRY RAMOS, JOSEPH SANTIAGO, TOWNSHIP OF IRVINGTON, HAROLD WALLACE. (BARBETTA, TIMOTHY) Modified on 10/25/2020 (dam). |
| Case Assigned to Judge Claire C. Cecchi and Magistrate Judge Edward S. Kiel. (ak, ) |
| Filing 1 NOTICE OF REMOVAL by JERRY RAMOS, HAROLD WALLACE, TRACY BOWERS, Claude Maxwell, Gerald Malek, TOWNSHIP OF IRVINGTON, Musa Maliek, MAURICE GATTISON, KENNETH PRICE, JOSEPH SANTIAGO from Superior Court of Essex, case number ESX-L-5013-20. ( Filing and Admin fee $ 400 receipt number ANJDC-11538023), filed by JERRY RAMOS, HAROLD WALLACE, TRACY BOWERS, Claude Maxwell, Gerald Malek, TOWNSHIP OF IRVINGTON, Musa Maliek, MAURICE GATTISON, KENNETH PRICE, JOSEPH SANTIAGO.(BUTLER, ELIZABETH) (Additional attachment(s) added on 10/22/2020: #1 Exhibit Notice of fiing of notice and petition for removal of case from superior court New Jersey, Essex County) (lag, ). |
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