DOE et al v. ZYGMUNT et al
| JOHN DOE and JOAN DOE |
| ADAM ZYGMUNT, LEE NITTEL, MINE HILL TOWNSHIP SCHOOL DISTRICT BOARD OF EDUCATION, MINE HILL TOWNSHIP SCHOOL DISTRICT, DIEGO MARQUEZ, DENISE CASOLA-MARQUEZ, JACK DOES 1-10 and ABC ENTITIES 1-10, JACK DOES 1-10 and ABC ENTITIES 1-10 |
| 2:2023cv01593 |
| March 21, 2023 |
| US District Court for the District of New Jersey |
| Michael A Hammer |
| Brian R Martinotti |
| 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 May 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 19 BRIEF in Support filed by DENISE CASOLA-MARQUEZ, DIEGO MARQUEZ re #18 MOTION to Seal (Defendants' Motion to Dismiss the Complaint in Lieu of Answer) (Attachments: #1 Supplement Motion to Dismiss, #2 Certification of Counsel to Motion to Dismiss, #3 Exhibit A - Belfort v. Morgan Props. LLC, #4 Exhibit B - Gaines v. UPS, Inc., #5 Exhibit C - Greene v. Lance, #6 Exhibit D - Jones v. Ewing Twp. Bd. of Educ., #7 Exhibit E - Sabree v. Williams, #8 Exhibit F - Vergara v. Keyes, #9 Certification of Service, #10 Text of Proposed Order)(DORFMAN, JULIE)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 18 MOTION to Seal (Defendants' Motion to Dismiss the Complaint in Lieu of Answer) by DENISE CASOLA-MARQUEZ, DIEGO MARQUEZ. (DORFMAN, JULIE) |
| Set Deadlines as to #16 MOTION to Seal. Motion set for 6/20/2023 before Magistrate Judge Michael A. Hammer. 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) |
| Filing 17 BRIEF (Proposed Findings of Fact and Conclusions of Law for Request to Seal Docket) (Attachments: #1 Certification, #2 Text of Proposed Order)(DORFMAN, JULIE)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 16 MOTION to Seal by DENISE CASOLA-MARQUEZ, DIEGO MARQUEZ. (DORFMAN, JULIE) |
Filing 15
TEXT ORDER: The Court has received the parties' proposed Consent Order to seal the docket of these proceedings, based on the sensitive nature of the claims asserted herein [D.E. 14]. The request to seal is denied without prejudice, as the parties have not filed proposed findings of fact and conclusions of law as required by Local Civil Rule 5.3(c)(2). Further, the parties have not shown that sealing the entire docket, presumably including all filings by the parties and Opinions/Orders of the Court, is the least restrictive means to avoid the "clearly defined and serious injury" that would otherwise result, and that less restrictive means, such as continuing to allow Plaintiff to proceed anonymously, and sealing filings on a narrower, case-by-case basis, would not adequately protect Plaintiff while still complying with the presumptive right of public access to matters before the Court. See L. Civ. R. 5.3(c)(2); Leucadia v. Applied Extrusion Techs., Inc., 998 F.2d 157, 167 (3d Cir. 1993). Any renewed application to seal shall address the foregoing issues, and include proposed findings of fact and conclusions of law.. So Ordered by Magistrate Judge Michael A. Hammer on 5/11/2023. (Hammer, Michael)
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| Filing 14 Proposed Order (Consent Order to Seal Docket) by DENISE CASOLA-MARQUEZ, DIEGO MARQUEZ. (DORFMAN, JULIE) |
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Filing 13
TEXT ORDER: Defendants' request for additional time to answer, move, or otherwise respond to the Complaint, D.E. 9, is granted.Defendants shall file their answer or responsive pleading by or before May 19, 2023.So Ordered by Magistrate Judge Michael A. Hammer on 5/5/23. (tad)
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| Filing 12 AFFIDAVIT of Service for Summons & Complaint served on School Defendants on 04/11/2023, filed by JOAN DOE, JOHN DOE. (JACKSON, SAMUEL) |
| Filing 11 AFFIDAVIT of Service for Summons & Complaint served on Denise Casola-Marquez on 04/11/2023, filed by JOAN DOE, JOHN DOE. (JACKSON, SAMUEL) |
| Filing 10 AFFIDAVIT of Service for Summons & Complaint served on Diego Marquez on 04/11/2023, filed by JOAN DOE, JOHN DOE. (JACKSON, SAMUEL) |
| Clerk's Text Order - The document #9 Application for Clerk's Order to Ext Answer/Proposed Order submitted by DIEGO MARQUEZ, DENISE CASOLA-MARQUEZ has been DENIED. The Clerk's Office notes that the Defendants believe that service of process was effectuated on 4/18/2023. The Defendants reference Plaintiff's Affidavits of Service that indicate that Defendants were served on 4/11/2023. No such affidavit has been filed in this matter as of today's date. Therefore, the Clerk's Office shall promptly forward this Application to Chambers for consideration. (dam) |
| Filing 9 Application and Proposed Order for Clerk's Order to extend time to answer as to Defts. Diego Marquez and Denise Casola-Marquez.. (Attachments: #1 Request for Extension of Time to Answer)(DORFMAN, JULIE) |
| Filing 8 NOTICE of Appearance by JULIE BROOKE DORFMAN on behalf of DENISE CASOLA-MARQUEZ, DIEGO MARQUEZ (Attachments: #1 Notice of Appearance)(DORFMAN, JULIE) |
| Set Deadlines as to #7 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6). Motion set for 6/5/2023 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. (dam) |
| Filing 7 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) by MINE HILL TOWNSHIP SCHOOL DISTRICT, MINE HILL TOWNSHIP SCHOOL DISTRICT BOARD OF EDUCATION, ADAM ZYGMUNT, and LEE NITTEL. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service) (SHANABERGER, JEFFREY) Modified on 5/4/2023 (dam). |
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Filing 6
STIPULATION and ORDER OF DISMISSAL of Counts I and II, as to individuals ADAM ZYGMUNT and LEE NITTEL only; Counts I and II brought by the parents under Title IX; Counts III, IV and V as to the individuals ZYGMUNT and NITTEL in their official capacities; Count VII in its entirety; and the prayer for relief for punitive damages against the institutional school defendants only. Signed by Judge Brian R. Martinotti on 5/3/2023. (dam)
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| Filing 5 STIPULATION of Dismissal (Partial) by MINE HILL TOWNSHIP SCHOOL DISTRICT, MINE HILL TOWNSHIP SCHOOL DISTRICT BOARD OF EDUCATION, LEE NITTEL, ADAM ZYGMUNT. (SHANABERGER, JEFFREY) |
| Clerk's Text Order - The document #4 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by Defendants ADAM ZYGMUNT, LEE NITTEL, MINE HILL TOWNSHIP SCHOOL DISTRICT BOARD OF EDUCATION has been GRANTED. The answer due date has been set for 5/3/2023. (dam) |
| Filing 4 Application and Proposed Order for Clerk's Order to extend time to answer as to Mine Hill Township School District Board of Education, Adam Zygmunt and Lee Nittel. Attorney JEFFREY L. SHANABERGER for MINE HILL TOWNSHIP SCHOOL DISTRICT,JEFFREY L. SHANABERGER for MINE HILL TOWNSHIP SCHOOL DISTRICT BOARD OF EDUCATION,JEFFREY L. SHANABERGER for LEE NITTEL,JEFFREY L. SHANABERGER for ADAM ZYGMUNT added. (SHANABERGER, JEFFREY) |
| Filing 3 SUMMONS ISSUED as to DENISE CASOLA-MARQUEZ, DIEGO MARQUEZ, MINE HILL TOWNSHIP SCHOOL DISTRICT, MINE HILL TOWNSHIP SCHOOL DISTRICT BOARD OF EDUCATION, LEE NITTEL, ADAM ZYGMUNT. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (dam) |
| Filing 2 Exhibit to #1 Complaint (Civil Cover Sheet) by All Plaintiffs. (JACKSON, SAMUEL) |
| Filing 1 COMPLAINT against ADAM ZYGMUNT, LEE NITTEL, MINE HILL TOWNSHIP SCHOOL DISTRICT BOARD OF EDUCATION, MINE HILL TOWNSHIP SCHOOL DISTRICT, DIEGO MARQUEZ, DENISE CASOLA-MARQUEZ, and JACK DOES 1-10 and ABC ENTITIES 1-10 (Filing and Admin fee $ 402 receipt number ANJDC-14184164) with JURY DEMAND, filed by JOAN DOE, JOHN DOE. (JACKSON, SAMUEL) Modified on 3/22/2023 (dam). |
| 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) |
| Judge Brian R. Martinotti and Magistrate Judge Michael A. Hammer added. (ps) |
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