YU v. GILMORE et al
Plaintiff: YUE YU
Defendant: ANITA GILMORE, TOWN OF KEARNY, JOHN PENEDA, ANTHONY CHISARI, STATE OF NEW JERSEY LEGISLATURE and DIRECTOR
Case Number: 2:2023cv02003
Filed: April 5, 2023
Court: US District Court for the District of New Jersey
Presiding Judge: Michael A Hammer
Referring Judge: Evelyn Padin
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2023 Opinion or Order Filing 22 REPLY BRIEF to Opposition to Motion filed by DIRECTOR, STATE OF NEW JERSEY LEGISLATURE re #11 MOTION to Dismiss Complaint as to State Defendants Pursuant to F.R.C.P 12(b)(1) and 12(b)(6) (ROBINSON, JAMES)
August 8, 2023 Opinion or Order Filing 21 TEXT ORDER: The Court has reviewed the State Defendants and Plaintiffs letters (D.E.s 17, 18). It is ORDERED that the Court will accept and consider Plaintiffs untimely opposition (D.E.s 19, 20), and the Clerk of Court shall ADJOURN the State Defendants motion (D.E. 11) to September 5, 2023, and the State Defendants reply shall be due by August 22, 2023. It is further ORDERED that oral argument will not be held unless otherwise indicated. So Ordered by Judge Evelyn Padin on 8/8/2023. (akw)
August 8, 2023 Opinion or Order Reset Deadlines as to #11 MOTION to Dismiss Complaint as to State Defendants Pursuant to F.R.C.P 12(b)(1) and 12(b)(6). Replies due by 8/22/2023. Motion set for 9/5/2023 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. (akw)
August 2, 2023 Opinion or Order Filing 20 PLAINTIFF'S OBJECTION TO STATE DEFENDANTS' MOTION TO DISMISS #11 filed by YUE YU. (sm) Received via help desk. Modified on 8/2/2023 (sm).
August 1, 2023 Opinion or Order Filing 18 Letter from Plaintiff YUE YU requesting Oral Argument for Kearny Defendants' Motion to Dismiss. (Corrected, Signed) (ECF Help Desk) (dam)
August 1, 2023 Opinion or Order Filing 17 Letter from Counsel for State Defendants. (ROBINSON, JAMES)
August 1, 2023 Opinion or Order CLERK'S QUALITY CONTROL MESSAGE - The #19 Objection re State Defendants' MOTION to Dismiss submitted by YUE YU on 7/31/2023 contains an improper electronic signature. Only Registered Users and Attorneys are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER WET OR SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (dam)
July 31, 2023 Opinion or Order Filing 19 OBJECTION filed by Plaintiff YUE YU re #11 State Defendants' MOTION to Dismiss. (ECF Help Desk) (dam) Modified on 8/1/2023 (dam).
July 31, 2023 Opinion or Order Filing 15 REPLY BRIEF to Opposition to Motion filed by ANTHONY CHISARI, JOHN PENEDA, TOWN OF KEARNY re #9 MOTION to Dismiss (CASTANO, GREGORY)
July 31, 2023 Opinion or Order CLERK'S QUALITY CONTROL MESSAGE - The #16 Letter submitted by Plaintiff YUE YU on 7/28/2023 contains an improper signature. Only Registered Users and Attorneys are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER WET OR SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (dam)
July 28, 2023 Opinion or Order Filing 16 Letter from Plaintiff YUE YU requesting Oral Argument for Kearny Defendants' Motion to Dismiss. (ECF Help Desk) (dam)
July 7, 2023 Opinion or Order Filing 14 LETTER ORDER granting #13 Kearny Defendants' Request to adjourn the #9 Motion to Dismiss from 7/17/2023 to 8/7/2023. Their Reply shall be due 7/31/2023. Signed by Judge Evelyn Padin on 7/7/2023. (dam)
July 7, 2023 Opinion or Order Reset Deadlines as to #9 MOTION to Dismiss. Motion reset for 8/7/2023 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. (dam)
July 6, 2023 Opinion or Order Filing 13 Letter from R. Martinez request additional time to reply. (CASTANO, GREGORY)
July 3, 2023 Opinion or Order Filing 12 OBJECTION filed by Plaintiff YUE YU re #9 MOTION to Dismiss. (Attachments: #1 Exhibit 1 - Property Tax Appeal, #2 Exhibit 2 - Property Tax Appeal Settlement, #3 Exhibit 3 - Claim for Property Tax Exemption, #4 Exhibit 4 - Email Letter to Kearny, #5 Exhibit 5 - Notice of Claim, #6 Exhibit 6 - Response from Kearny)(Filing Received via the ECF Help Desk E-mail) (dam)
June 27, 2023 Opinion or Order Set Deadlines as to #11 MOTION to Dismiss Complaint as to State Defendants Pursuant to F.R.C.P 12(b)(1) and 12(b)(6). Motion set for 8/7/2023 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. (dam)
June 26, 2023 Opinion or Order Filing 11 MOTION to Dismiss Complaint as to State Defendants Pursuant to F.R.C.P 12(b)(1) and 12(b)(6) by DIRECTOR, STATE OF NEW JERSEY LEGISLATURE. (Attachments: #1 Certificate of Service, #2 Brief, #3 Civil Cover Sheet, #4 Text of Proposed Order)(CAPISTRANO FOSTER, MICHELLINE)
June 13, 2023 Opinion or Order Filing 10 AFFIDAVIT of Service for Summons and Complaint served on ANITA GILMORE on 5/30/2023, filed by YUE YU. (Filing Received via the ECF Help Desk E-mail) (dam)
June 13, 2023 Opinion or Order Set Deadlines as to #9 MOTION to Dismiss. Motion set for 7/17/2023 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. (dam)
June 13, 2023 Opinion or Order Clerk's Text Order - The document #8 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by STATE OF NEW JERSEY LEGISLATURE, DIRECTOR has been GRANTED. The answer due date has been set for 6/26/2023. (dam)
June 12, 2023 Opinion or Order Filing 9 MOTION to Dismiss by ANTHONY CHISARI, JOHN PENEDA, TOWN OF KEARNY. (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Certification in Support, #3 Text of Proposed Order, #4 Certificate of Service) (CASTANO, GREGORY) Modified on 6/13/2023 (dam).
June 9, 2023 Opinion or Order Filing 8 Application and Proposed Order for Clerk's Order to extend time to answer as to the Complaint filed by Plaintiff. Attorney JAMES JOSEPH ROBINSON, JR for DIRECTOR,JAMES JOSEPH ROBINSON, JR for STATE OF NEW JERSEY LEGISLATURE added. (ROBINSON, JAMES)
May 10, 2023 Opinion or Order Filing 7 WAIVER OF SERVICE Returned Executed by YUE YU. STATE OF NEW JERSEY waiver sent on 4/11/2023, answer due 6/12/2023. (Filing Received via the ECF Help Desk E-mail) (dam)
May 10, 2023 Opinion or Order Filing 6 WAIVER OF SERVICE Returned Executed by YUE YU. STATE OF NEW JERSEY LEGISLATURE waiver sent on 4/11/2023, answer due 6/12/2023. (Filing Received via the ECF Help Desk E-mail) (dam)
May 10, 2023 Opinion or Order Filing 5 WAIVER OF SERVICE Returned Executed by YUE YU. DIRECTOR, Division of Taxation waiver sent on 4/11/2023, answer due 6/12/2023. (Filing Received via the ECF Help Desk E-mail) (dam)
April 14, 2023 Opinion or Order Filing 4 WAIVER OF SERVICE Returned Executed by YUE YU. ANTHONY CHISARI waiver sent on 4/11/2023, answer due 6/12/2023; JOHN PENEDA waiver sent on 4/11/2023, answer due 6/12/2023; TOWN OF KEARNY waiver sent on 4/11/2023, answer due 6/12/2023. (Filing Received via the ECF Help Desk E-mail) (dam)
April 10, 2023 Opinion or Order Filing 3 SUMMONS ISSUED as to ANTHONY CHISARI, DIRECTOR, ANITA GILMORE, JOHN PENEDA, STATE OF NEW JERSEY LEGISLATURE, TOWN OF KEARNY. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (krg, )
April 10, 2023 Opinion or Order Filing 2 Notice of Guidelines for Appearing Pro Se (krg, )
April 5, 2023 Opinion or Order Filing 1 COMPLAINT against ANTHONY CHISARI, DIRECTOR, ANITA GILMORE, JOHN PENEDA, STATE OF NEW JERSEY LEGISLATURE, TOWN OF KEARNY ( Filing and Admin fee $402, receipt number 48081) with JURY DEMAND, filed by YUE YU. (Attachments: #1 Civil Cover Sheet, #2 Consent to Receive Electronic NEFs)(krg, )

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Plaintiff: YUE YU
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Defendant: ANITA GILMORE
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Defendant: TOWN OF KEARNY
Represented By: GREGORY J. CASTANO, JR.
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Defendant: JOHN PENEDA
Represented By: GREGORY J. CASTANO, JR.
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Defendant: ANTHONY CHISARI
Represented By: GREGORY J. CASTANO, JR.
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Defendant: STATE OF NEW JERSEY LEGISLATURE
Represented By: MICHELLINE RUTH CAPISTRANO FOSTER
Represented By: JAMES JOSEPH ROBINSON, JR
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Defendant: DIRECTOR
Represented By: MICHELLINE RUTH CAPISTRANO FOSTER
Represented By: JAMES JOSEPH ROBINSON, JR
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