VITALE v. NEW JERSEY STATE POLICE et al
| DAVID VITALE |
| NEW JERSEY STATE POLICE, DAVID JENKINS, JOHN HALPIN, T. WALLS, WILLIAM DUBY, E. CLOWES and JOHN DOES (1-10) |
| 2:2022cv02619 |
| May 4, 2022 |
| US District Court for the District of New Jersey |
| Jose R Almonte |
| Evelyn Padin |
| Civil Rights: Other |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on February 8, 2023. A more recent docket listing may be available from PACER.
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Filing 39
TEXT ORDER: The parties are ordered to meet and confer, as required by Local Civil Rule 37.1, to discuss the discovery related disputes raised in Plaintiff's letter dated February 1, 2023. ECF No. 37. Any unresolved disputes that the parties could not resolve after meeting and conferring shall be brought to the Court's attention in a manner consistent with the Court's #Case Management Order. The deadline to respond to interrogatories and requests for production of documents is extended through April 10, 2023. A status conference is scheduled for May 9, 2023, at 3:00 p.m. Prior to the conference, but no later than May 2, 2023, the parties shall file a joint letter not to exceed five (5) pages summarizing the status of the case and any other issue that the Court needs to consider during the telephonic status conference. The dial-in information for the conference is (888) 684-8852, access code 1364268. So Ordered by Magistrate Judge Jose R. Almonte on 2/8/2023. (smf)
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| Minute Entry for proceedings held before Magistrate Judge Jose R. Almonte: Status Conference held on 2/8/2023. The parties were ordered to meet and confer to discuss the disputes raised by Plaintiff on February 1, 2023. Further, in order to give Defendants additional time to respond to interrogatories, the deadline to respond to written discovery was extended by 60 days. A status conference was scheduled for May 9, 2023. (smf) |
| Filing 38 Letter from DAG Traub and DAG Shehata re Status Update. (TRAUB, LEAH) |
| Filing 37 Letter from Robert B. Woodruff, Esq. re #30 Scheduling Order. (WOODRUFF, ROBERT) |
| Filing 36 Substitution of Attorney - Attorney PETER M. DRAPER terminated.. (Attachments: #1 Certificate of Service)(TRAUB, LEAH) |
| Filing 35 NOTICE of Appearance by LEAH TRAUB on behalf of All Defendants (TRAUB, LEAH) |
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Filing 34
DISCOVERY CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge Jose R. Almonte on 11/30/2022. (wh)
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| Filing 33 Proposed Order (Discovery Consent Protective Order) by E. CLOWES, WILLIAM DUBY, JOHN HALPIN, DAVID JENKINS, T. WALLS. (Attachments: #1 Text of Proposed Order Discovery Consent Protective Order)(SHEHATA, DANIEL) |
| Filing 32 Letter from Defendants re 31 Order,,,. (SHEHATA, DANIEL) |
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Filing 30
PRETRIAL SCHEDULING ORDER. Signed by Magistrate Judge Jose R. Almonte on 11/3/2022. (wh)
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Filing 31
TEXT ORDER: No later than November 16, 2022, counsel for Defendants shall file a letter updating the Court as to the status of production for all dash camera videos and body worn camera videos from the State Police Officers who responded to the scene of Plaintiff's May 31, 2020 traffic stop. A status conference is scheduled for February 8, 2023, at 2:00 p.m. No later than February 2, 2023, the parties shall file a joint letter not to exceed five (5) pages summarizing the status of the case and, if there are discovery disputes that the parties could not resolve after meeting and conferring pursuant to Local Civil Rule 37.1, the parties shall explain in the letter (1) the specific issue(s) in dispute, (2) their legal and factual positions, and (3) the efforts made to resolve the issue(s). The dial-in information for the conference is (888) 684-8852, access code 1364268. So Ordered by Magistrate Judge Jose R. Almonte on 11/2/2022. (smf)
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| Minute Entry for proceedings held before Magistrate Judge Jose R. Almonte: Initial Pretrial Conference held on 11/2/2022. The Court has set deadlines for discovery in this matter and has entered a corresponding Pretrial Scheduling Order. A status conference is scheduled for February 8, 2023, at 2:00 p.m. (smf) |
| Filing 29 NOTICE of Appearance by DANIEL S. SHEHATA on behalf of E. CLOWES, WILLIAM DUBY, JOHN HALPIN, DAVID JENKINS, T. WALLS (SHEHATA, DANIEL) |
| Filing 28 Joint Discovery Plan by E. CLOWES, WILLIAM DUBY, JOHN HALPIN, DAVID JENKINS, T. WALLS.(DRAPER, PETER) |
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Filing 27
LETTER ORDER Pursuant to Local Civil Rule 16.1. On 11/2/2022 at 3:30 PM there shall be an Initial Scheduling Conference before Magistrate Judge Jose R. Almonte, etc. Signed by Magistrate Judge Jose R. Almonte on 8/1/2022. (smf)
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| Filing 26 Individual Defendants' ANSWER to Complaint with JURY DEMAND by E. CLOWES, WILLIAM DUBY, JOHN HALPIN, DAVID JENKINS, T. WALLS.(DRAPER, PETER) |
| Filing 25 Letter from Defendants (David Jenkins, William Duby, John Haplin, E. Clowes, and T. Walls) re 20 Order,. (SHEHATA, DANIEL) |
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Filing 24
STIPULATION and ORDER dismissing count III of the Complaint with prejudice against Individual Defendants re #23 Stipulation. Signed by Judge Evelyn Padin on 7/18/2022. (bt)
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| Filing 23 STIPULATION of Dismissal and Extension of Time to File Answer by E. CLOWES, WILLIAM DUBY, JOHN HALPIN, DAVID JENKINS, T. WALLS. (DRAPER, PETER) |
| Set Deadlines as to #22 First MOTION for Partial Summary Judgment. Motion set for 8/15/2022 before Judge Evelyn Padin. 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. (wh) |
| Filing 22 First MOTION for Partial Summary Judgment by E. CLOWES, WILLIAM DUBY, JOHN HALPIN, DAVID JENKINS, T. WALLS. Responses due by 8/2/2022 (Attachments: #1 Statement of Undisputed Material Facts, #2 Legal Brief in Support of Motion for Partial Summary Judgment, #3 Certification of Peter Ramos, #4 Certification of Mark Brown, #5 Proposed Form of Order, #6 Certification of Service)(DRAPER, PETER) Modified on 7/14/2022 (wh). |
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Filing 21
ORDER DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT NEW JERSEY STATE POLICE ONLY re #19 Stipulation of Dismissal. Signed by Judge Evelyn Padin on 7/13/2022. (bt)
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Filing 20
TEXT ORDER: This matter was recently reassigned to Judge Padin. Within 14 days, the parties shall confer and file a concise joint letter: (1) providing a brief summary of the claims and defenses; and (2) advising the Court of the status of discovery, any pending motions, settlement discussions (including whether the parties are interested in a settlement conference), and any other issues to be addressed. So Ordered by Judge Evelyn Padin on 7/11/2022. (adc)
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| Filing 19 STIPULATION of Dismissal without prejudice as to Defendant New Jersey State Police ONLY by NEW JERSEY STATE POLICE. (MORAN, MICHAEL) |
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Filing 18
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Evelyn Padin for all further proceedings.. So Ordered by Chief Judge Freda L. Wolfson on 6/27/2022. (akw, )
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| Case Reassigned to Judge Evelyn Padin. Judge Susan D. Wigenton no longer assigned to the case. (mxw, ) |
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Filing 17
LETTER ORDER granting #16 Plaintiff's Letter requesting a 30-day extension, to 7/30/2022, to respond to #11 Defendant's Motion to Dismiss. Signed by Judge Susan D. Wigenton on 6/23/2022. (wh)
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| Filing 16 Letter re #11 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (WOODRUFF, ROBERT) |
| CLERK'S QUALITY CONTROL MESSAGE - The #15 Substitution of Attorney filed by P. DRAPER on 6/14/2022 was submitted incorrectly as a Notice of Appearance. For future reference if filing a Substitution of Counsel, please refer to the event "Substitution of Attorney". This is for information purposes only and the appropriate changes have been made by the Clerk's Office.(wh) |
| Filing 15 NOTICE of Appearance by PETER M. DRAPER on behalf of E. CLOWES, WILLIAM DUBY, JOHN HALPIN, DAVID JENKINS, T. WALLS (DRAPER, PETER) |
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Filing 14
ORDER granting #13 Motion for Extension of Time File Answer by E. CLOWES, WILLIAM DUBY, JOHN HALPIN, DAVID JENKINS, and T. WALLS. Defendants are hereby granted leave to answer, move or otherwise reply to Plaintiff's Complaint within thirty (30) days from the date of this order. Signed by Magistrate Judge Jose R. Almonte on 6/14/2022. (wh)
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| Answer Due Deadline Update - The document #13 MOTION for Extension of Time to File Answer, submitted by WILLIAM DUBY, JOHN HALPIN, DAVID JENKINS, E. CLOWES, T. WALLS has been GRANTED per #14 ORDER. The answer due date has been reset for 7/14/2022. (wh) |
| Set Deadlines as to #13 MOTION for Extension of Time to File Answer. Motion set for 7/5/2022 before Magistrate Judge Jose R. Almonte. 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. (wh) |
| Set Deadlines as to #11 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Motion set for 7/5/2022 before Judge Susan D. Wigenton. 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. (wh) |
| Filing 13 MOTION for Extension of Time to File Answer by E. CLOWES, WILLIAM DUBY, JOHN HALPIN, DAVID JENKINS, T. WALLS. (Attachments: #1 Declaration in Support of Motion, #2 Text of Proposed Order, #3 Statement That No Brief is Necessary, #4 Certificate of Service)(JOSEPHSON, CHRISTOPHER) |
| Filing 12 NOTICE of Appearance by CHRISTOPHER C. JOSEPHSON on behalf of E. CLOWES, WILLIAM DUBY, JOHN HALPIN, DAVID JENKINS, T. WALLS (Attachments: #1 Certificate of Service)(JOSEPHSON, CHRISTOPHER) |
| Filing 11 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) by NEW JERSEY STATE POLICE. Responses due by 6/21/2022 (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(MORAN, MICHAEL) |
| CLERK'S QUALITY CONTROL MESSAGE - The #4 , #5 , #6 , #7 , #8 , and #9 Summonses Returned Executed filed by R. WOODRUFF on 5/24/2022 were submitted incorrectly as Certificates of Service. For future reference, if filing a Return of Service indicating the date of service of the Summons and the Complaint, please refer to the event "Summons Returned Executed" (or "Summons Returned Executed as to USA", when applicable). This is for informational purposes only and the appropriate changes have been made by the Clerk's Office. (wh) |
| Clerk`s Text Order - The document #10 Application for Clerk's Order to Ext Answer/Proposed Order submitted by NEW JERSEY STATE POLICE has been GRANTED. The answer due date has been set for 6/14/2022. (wh) |
| Filing 10 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant New Jersey State Police. Attorney MICHAEL T. MORAN for NEW JERSEY STATE POLICE added. (MORAN, MICHAEL) |
| Filing 9 CERTIFICATE OF SERVICE of the Summons and Complaint by All Plaintiffs for Defendant T. Walls. T. WALLS served on 5/11/2022, answer due 6/1/2022. (WOODRUFF, ROBERT) Modified on 5/25/2022 (wh). |
| Filing 8 CERTIFICATE OF SERVICE of the Summons and Complaint by All Plaintiffs for Defendant E. Clowes. E. CLOWES served on 5/12/2022, answer due 6/2/2022. (WOODRUFF, ROBERT) Modified on 5/25/2022 (wh). |
| Filing 7 CERTIFICATE OF SERVICE of the Summons and Complaint by All Plaintiffs for Defendant John Halpin. JOHN HALPIN served on 5/17/2022, answer due 6/7/2022. (WOODRUFF, ROBERT) Modified on 5/25/2022 (wh). |
| Filing 6 CERTIFICATE OF SERVICE of the Summons and Complaint by All Plaintiffs for Defendant William Duby. WILLIAM DUBY served on 5/11/2022, answer due 6/1/2022. (WOODRUFF, ROBERT) Modified on 5/25/2022 (wh). |
| Filing 5 CERTIFICATE OF SERVICE of the Summons and Complaint by All Plaintiffs for Defendant David Jenkins. DAVID JENKINS served on 5/11/2022, answer due 6/1/2022. (WOODRUFF, ROBERT) Modified on 5/25/2022 (wh). |
| Filing 4 CERTIFICATE OF SERVICE of the Summons and Complaint by All Plaintiffs for Defendant NJ State Police. NEW JERSEY STATE POLICE served on 5/10/2022, answer due 5/31/2022. (WOODRUFF, ROBERT) Modified on 5/25/2022 (wh). |
| Filing 3 SUMMONS ISSUED as to E. CLOWES, WILLIAM DUBY, JOHN HALPIN, DAVID JENKINS, NEW JERSEY STATE POLICE, T. WALLS. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (wh) |
| Judge Susan D. Wigenton and Magistrate Judge Jose R. Almonte added. (ps) |
| Filing 2 Exhibit to QC - Civil Cover Sheet JS44,, Complaint by All Plaintiffs. (WOODRUFF, ROBERT) |
| Filing 1 COMPLAINT against NEW JERSEY STATE POLICE, DAVID JENKINS, JOHN HALPIN, T. WALLS, WILLIAM DUBY, E. CLOWES, JOHN DOES (1-10) ( Filing and Admin fee $ 402 receipt number ANJDC-13386470) with JURY DEMAND, filed by DAVID VITALE.(WOODRUFF, ROBERT) Modified on 5/5/2022 (wh). |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a #Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ps) |
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