B.L. et al v. FETHERMAN et al
| B. L. and J. L. |
| MICHAEL J. FETHERMAN, BETH AZAR, DR. SUMIT BANGIA, FRANK SANCHEZ, ANGELA TSAI, ALEX FERREIRA, JOANNA CALABRIA BARKAUSKAS, JENNIFER PARKER, DR. ARUNI DON, DR. KEVIN ERNEST DRISCOLL, DR. JAMES HIRSCHFELD, MEGHAN LEININGER, TRICIA LEWIS, DR. LAUREN SILVA MCINTYRE, ERINN TUCKER, JONATHAN LEVAR, MOUNTAIN LAKES BOARD OF EDUCATION, JOHN DOES 1-25 and ABC DEFENDANTS 1-25 |
| 2:2022cv03471 |
| June 6, 2022 |
| US District Court for the District of New Jersey |
| Jessica S Allen |
| John Michael Vazquez |
| Civil Rights: Education |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 20, 2023. A more recent docket listing may be available from PACER.
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Filing 37
TEXT ORDER: Plaintiff's Motion for a Stay, or in the alternative, to grant leave to file a second Amended complaint, (ECF No. 28), is DISMISSED AS MOOT in light of the Opinion & Order issued by the Honorable John M. Vazquez, U.S.D.J., issued on April 18, 2023. (ECF No. 36). The Clerk of the Court is directed to terminate the Motion appearing at ECF No. 28. So Ordered by Magistrate Judge Jessica S. Allen on 4/20/23. (jbb)
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Filing 36
OPINION & ORDER that Plaintiffs appeal #24 is DENIED; the Court AFFIRMS Judge Allens 2/8/2023 Opinion and Order; that Plaintiffs motion to stay is DENIED; that Defendants motion to dismiss pursuant to Rule 12(b) is GRANTED; that the First through Sixth and Eighth Counts of the Amended Complaint are DISMISSED without prejudice pursuant to Rule 12(b)(6); that Plaintiff is granted leave to file an amended complaint that cures the identified deficiencies within thirty (30) days; that any amended pleading must disclose B.L. and/or J.L.s identity; that Defendants cross-motion to dismiss is DENIED without prejudice. Signed by Judge John Michael Vazquez on 4/18/2023. (sm)
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Filing 35
RESPONSE in Opposition filed by B. L. re #25 MOTION, #28 First MOTION to Stay (Attachments: #1 Declaration)(BERUTTI, RONALD)
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Filing 34
Letter from Ronald A. Berutti regarding first reply brief filed in error. (BERUTTI, RONALD)
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Filing 33
TEXT ORDER: Plaintiffs request for an extension of time to reply to the motion to stay (D.E. 24) and cross motion to dismiss (D.E. 25) is granted. Any reply must be filed by April 3, 2023. So Ordered by Judge John Michael Vazquez on 3/28/2023. (ro, )
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Filing 32
Letter from Ronald A. Berutti requesting adjournment of due date of reply papers. (BERUTTI, RONALD)
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Filing 31
REPLY BRIEF to Opposition to Motion filed by B. L. re #28 First MOTION to Stay (BERUTTI, RONALD)
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Filing 30
REPLY BRIEF to Opposition to Motion filed by B. L. re #28 First MOTION to Stay (BERUTTI, RONALD)
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Filing 29
BRIEF in Opposition filed by All Defendants re #28 First MOTION to Stay (Attachments: #1 Certificate of Service)(FOGARTY, STEPHEN)
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Set Deadlines as to #28 First MOTION to Stay . Motion set for 4/3/2023 before Judge John Michael Vazquez. 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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Set Deadlines as to #25 MOTION. Motion set for 3/20/2023 before Judge John Michael Vazquez. 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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Filing 28
First MOTION to Stay by B. L.. (Attachments: #1 Brief, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Text of Proposed Order)(BERUTTI, RONALD)
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Filing 27
LETTER ORDER administratively terminating #6 Motion to Dismiss. Signed by Judge John Michael Vazquez on 3/10/2023. (sm)
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Filing 26
Letter from Ronald A. Berutti requesting adjournment of motions. (BERUTTI, RONALD)
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Filing 25
RESPONSE/CROSS Motion filed by All Defendants re #24 MOTION to Stay and Cross Motion to Dismiss (Attachments: #1 Brief Brief in Support of Cross Motion and In Opposition to Appeal, #2 Text of Proposed Order Proposed Order, #3 Certificate of Service Proof of Service)(FOGARTY, STEPHEN)
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Set Deadlines as to #24 MOTION to Stay . Motion set for 3/20/2023 before Judge John Michael Vazquez. 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 24
MOTION to Stay by B. L.. (Attachments: #1 Brief, #2 Declaration, #3 Exhibit, #4 Text of Proposed Order)(BERUTTI, RONALD)
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Filing 23
ORDER denying #10 Plaintiffs' Motion to Proceed by Pseudonyms; directing Plaintiffs to file an Amended Complaint no later than 2/24/2023, disclosing their identities. Signed by Magistrate Judge Jessica S. Allen on 2/8/2023. (dam)
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Filing 22
OPINION. Signed by Magistrate Judge Jessica S. Allen on 2/8/2023. (dam)
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Filing 21
REPLY BRIEF to Opposition to Motion filed by All Defendants re #6 MOTION to Dismiss the Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) (Attachments: #1 Certificate of Service)(FOGARTY, STEPHEN)
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Filing 20
BRIEF in Opposition filed by B. L., J. L. re #6 MOTION to Dismiss the Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) (BERUTTI, RONALD)
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Filing 19
REPLY BRIEF to Opposition to Motion filed by B. L., J. L. re #10 First MOTION for Highly Sensitive Document (Attachments: #1 Declaration)(BERUTTI, RONALD)
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Filing 18
LETTER ORDER that plaintiffs' Motion Seeking Leave to Proceed Under Pseudonym and defendant's Motion to Dismiss are returnable 10/24/2022. Signed by Judge John Michael Vazquez on 9/30/2022. (sm)
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Reset Deadlines as to #6 MOTION to Dismiss the Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), #10 First MOTION for Highly Sensitive Document . Motion set for 10/24/2022 before Judge John Michael Vazquez. 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 17
Letter from Ronald A. Berutti seeking adjournment of Motion Seeking Leave to Proceed Under Pseudonym and Motion to Dismiss. (BERUTTI, RONALD)
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Filing 16
LETTER ORDER administratively terminating the pending motion and reinstating as of 9/30/2022. Signed by Judge John Michael Vazquez on 9/12/2022. (lag, )
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Filing 15
Letter from Ronald A. Berutti requesting plaintiffs' Motion Seeking Leave to File Under Pseudonym be carried to October 17, 2022 with plaintiffs' reply due October 3, 2022. (BERUTTI, RONALD)
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Filing 14
LETTER ORDER granting plaintiffs' request for a two week adjournment of defendants' Motion to Dismiss the Amended Complaint. Signed by Judge John Michael Vazquez on 9/9/2022. (sm)
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Filing 13
Letter from Ronald A. Berutti requesting two week adjournment of defendants' Motion to Dismiss the Amended Complaint and papers to be submitted. (BERUTTI, RONALD)
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Reset Deadlines as to #6 MOTION to Dismiss the Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Motion set for 10/17/2022 before Judge John Michael Vazquez. 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 12
BRIEF in Opposition filed by All Defendants re #10 First MOTION for Highly Sensitive Document (Attachments: #1 Certificate of Service Proof of Service and Filing)(FOGARTY, STEPHEN)
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Filing 11
LETTER ORDER granting plaintiffs' request for a two-week adjournment of the Motion to Dismiss. Signed by Judge John Michael Vazquez on 8/25/2022. (sm)
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Set Deadlines as to #10 First MOTION for Highly Sensitive Document . Motion set for 9/19/2022 before Judge John Michael Vazquez. 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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Reset Deadlines as to #6 MOTION to Dismiss the Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Motion set for 10/3/2022 before Judge John Michael Vazquez. 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 10
First MOTION for Highly Sensitive Document by B. L., J. L.. (Attachments: #1 Brief, #2 Declaration, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Text of Proposed Order)(BERUTTI, RONALD)
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Filing 9
Letter from Ronald A. Berutti requesting a two week adjournment of the Motion to Dismiss the Amended Complaint and Opposition papers. (BERUTTI, RONALD)
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Filing 8
LETTER ORDER granting a two-week adjournment of defendants' Motion to Dismiss the Amended Complaint until 9/19/2022. Signed by Judge John Michael Vazquez on 7/28/2022. (sm)
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Reset Deadlines as to #6 MOTION to Dismiss the Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Motion set for 9/19/2022 before Judge John Michael Vazquez. 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 7
Letter from Ronald A. Berutti requesting adjournment of motion/reply papers. (BERUTTI, RONALD)
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Set Deadlines as to #6 MOTION to Dismiss the Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Motion set for 8/15/2022 before Judge John Michael Vazquez. 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 6
MOTION to Dismiss the Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by BETH AZAR, SUMIT BANGIA, JOANNA CALABRIA BARKAUSKAS, ARUNI DON, KEVIN ERNEST DRISCOLL, ALEX FERREIRA, MICHAEL J. FETHERMAN, JAMES HIRSCHFELD, JOHN DOES 1-25, MEGHAN LEININGER, JONATHAN LEVAR, TRICIA LEWIS, MOUNTAIN LAKES BOARD OF EDUCATION, JENNIFER PARKER, FRANK SANCHEZ, LAUREN SILVA MCINTYRE, ANGELA TSAI, ERINN TUCKER. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(FOGARTY, STEPHEN)
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Clerk`s Text Order - The document #4 submitted by MOUNTAIN LAKES BOARD OF EDUCATION has been GRANTED. The answer due date has been set for 7/20/2022. (sm)
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Filing 5
AMENDED COMPLAINT and Jury Demand against BETH AZAR, SUMIT BANGIA, JOANNA CALABRIA BARKAUSKAS, ARUNI DON, KEVIN ERNEST DRISCOLL, ALEX FERREIRA, MICHAEL J. FETHERMAN, JAMES HIRSCHFELD, MEGHAN LEININGER, JONATHAN LEVAR, TRICIA LEWIS, MOUNTAIN LAKES BOARD OF EDUCATION, JENNIFER PARKER, FRANK SANCHEZ, LAUREN SILVA MCINTYRE, ANGELA TSAI, ERINN TUCKER, filed by B. L..(BERUTTI, RONALD)
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Filing 4
First MOTION for Extension of Time to File Answer by All Defendants. (FOGARTY, STEPHEN)
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Filing 3
SUMMONS ISSUED as to BETH AZAR, SUMIT BANGIA, JOANNA CALABRIA BARKAUSKAS, ARUNI DON, KEVIN ERNEST DRISCOLL, ALEX FERREIRA, MICHAEL J. FETHERMAN, JAMES HIRSCHFELD, MEGHAN LEININGER, JONATHAN LEVAR, TRICIA LEWIS, MOUNTAIN LAKES BOARD OF EDUCATION, JENNIFER PARKER, FRANK SANCHEZ, LAUREN SILVA MCINTYRE, ANGELA TSAI, ERINN TUCKER. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (sm)
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Filing 2
Request for Summons to be Issued by B. L. as to BETH AZAR, SUMIT BANGIA, JOANNA CALABRIA BARKAUSKAS, ARUNI DON, KEVIN ERNEST DRISCOLL, ALEX FERREIRA, MICHAEL J. FETHERMAN, JAMES HIRSCHFELD, MEGHAN LEININGER, JONATHAN LEVAR, TRICIA LEWIS, MOUNTAIN LAKES BOARD OF EDUCATION, JENNIFER PARKER, FRANK SANCHEZ, LAUREN SILVA MCINTYRE, ANGELA TSAI, ERINN TUCKER. (BERUTTI, RONALD)
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Filing 1
COMPLAINT against BETH AZAR, DR. SUMIT BANGIA, JOANNA CALABRIA BARKAUSKAS, DR. ARUNI DON, DR. KEVIN ERNEST DRISCOLL, ALEX FERREIRA, MICHAEL J. FETHERMAN, DR. JAMES HIRSCHFELD, MEGHAN LEININGER, JONATHAN LEVAR, TRICIA LEWIS, MOUNTAIN LAKES BOARD OF EDUCATION, JENNIFER PARKER, FRANK SANCHEZ, DR. LAUREN SILVA MCINTYRE, ANGELA TSAI, ERINN TUCKER ( Filing and Admin fee $ 402 receipt number ANJDC-13462347) with JURY DEMAND, filed by J. L., B. L.. (Attachments: #1 Civil Cover Sheet)(BERUTTI, RONALD)
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Case assigned to Judge John Michael Vazquez and Magistrate Judge Jessica S. Allen. (jr)
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