GAIA GARDENS, LLC et al v. TOWNSHIP OF MONTCLAIR
| GAIA GARDENS, LLC, PETER PAUL LANDSCAPERS, LLC, CARUSO PROPERTY SERVICES, LLC, ECM LANDSCAPING, INC, HOLMES LANDSCAPE, INC., JAMES DYER LANDSCAPING, LLC, MCMILLAN LANDSCAPING CONTRACTORS, LLC, O. MIRA LANDSCAPING & DESIGN, LLC, PILGRIM PRUNING, LLC, R & J LAND CARE, LLC, SIMON J. HAMILL, LLC, JOSEPH BOCCHIARO D/B/A BOCCHIARO LANDSCAPING, BOB FREDETTE D/B/A FREDETTE LANDSCAPING, PASQUALE GANGALA D/B/A GANGALA LANDSCAPING, JOHN MICHURA D/B/A JD LAWNCARE, LOU STANCATO D/B/A STANCATO LANDSCAPING, ROBERT GOLDEN, RICCARDO MANCUSO, JOSEPH BOCCHIARO doing business as BOCCHIARO LANDSCAPING, BOB FREDETTE doing business as FREDETTE LANDSCAPING, PASQUALE GANGALA doing business as GANGALA LANDSCAPING, JOHN MICHURA doing business as JD LAWNCARE and LOU STANCATO doing business as STANCATO LANDSCAPING |
| TOWNSHIP OF MONTCLAIR |
| 2:2023cv20733 |
| September 28, 2023 |
| US District Court for the District of New Jersey |
| Michael A Hammer |
| Julien Xavier Neals |
| Cathy L Waldor |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question-Injunctive & Declaratory Relief |
| None |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 USCA Case Number 23-3026 for #27 Notice of Appeal (USCA), filed by JOSEPH BOCCHIARO, HOLMES LANDSCAPE, INC., BOB FREDETTE, R & J LAND CARE, LLC, O. MIRA LANDSCAPING & DESIGN, LLC, SIMON J. HAMILL, LLC, JAMES DYER LANDSCAPING, LLC, PILGRIM PRUNING, LLC, JOHN MICHURA, CARUSO PROPERTY SERVICES, LLC, PASQUALE GANGALA, LOU STANCATO, RICCARDO MANCUSO, ECM LANDSCAPING, INC, MCMILLAN LANDSCAPING CONTRACTORS, LLC, ROBERT GOLDEN, PETER PAUL LANDSCAPERS, LLC, GAIA GARDENS, LLC. USCA Case Manager Alicia (Document Restricted - Court Only) (ca3amr) |
Filing 28
LETTER ORDER granting pre-motion request; Advising Defendants if proposed motion to dismiss is filed it shall be administratively terminated pending resolution of Plaintiffs' appeal to the Third Circuit. Signed by Judge Julien Xavier Neals on 11/17/2023. (jd, )
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| Filing 27 NOTICE OF APPEAL as to #22 Order on Motion for Preliminary Injunction by JOSEPH BOCCHIARO, CARUSO PROPERTY SERVICES, LLC, ECM LANDSCAPING, INC, BOB FREDETTE, GAIA GARDENS, LLC, PASQUALE GANGALA, ROBERT GOLDEN, HOLMES LANDSCAPE, INC., JAMES DYER LANDSCAPING, LLC, RICCARDO MANCUSO, MCMILLAN LANDSCAPING CONTRACTORS, LLC, JOHN MICHURA, O. MIRA LANDSCAPING & DESIGN, LLC, PETER PAUL LANDSCAPERS, LLC, PILGRIM PRUNING, LLC, R & J LAND CARE, LLC, SIMON J. HAMILL, LLC, LOU STANCATO. Filing fee $ 505, receipt number ANJDC-14866432. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. Appeal Record due by 11/27/2023. (Attachments: #1 Certificate of Service)(NESMITH, ROOSEVELT) |
| Filing 26 Letter from Township of Montclair re #24 Letter. (FREIJOMIL, DERRICK) |
| Filing 25 Letter from Plaintiffs' Counsel re Defendant's Request for Pre-Motion Conference re #24 Letter. (NESMITH, ROOSEVELT) |
| Clerk's Text Order - The document #23 Application for an Extension of Time to Answer filed by TOWNSHIP OF MONTCLAIR submitted by TOWNSHIP OF MONTCLAIR has been GRANTED. The answer due date has been set for 11/3/2023. Please be advised that while this Application has been granted, it misidentifies the current Clerk of Court for the District of New Jersey. The current Clerk of Court is Melissa E. Rhoads, Esq. Please amend future filings to reflect this information where applicable. (dam) |
| Filing 24 Letter from Twp. of Montclair Seeking Pre-Motion Conference. (FREIJOMIL, DERRICK) |
| Filing 23 Proposed Order by Clerk (L. Civ. R. 6.1) Extending Time to Respond to Complaint by TOWNSHIP OF MONTCLAIR. (FREIJOMIL, DERRICK) |
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Filing 22
ORDER denying #2 Motion for Preliminary Injunction. Signed by Judge Julien Xavier Neals on 10/14/2023. (kd, )
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| Filing 21 OPINION on a Motion for Preliminary Injunction.Signed by Judge Julien Xavier Neals on 10/14/2023. (kd) |
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Filing 20
TEXT ORDER - On or before October 14, 2023, the Court will either issue a written opinion on the pending motions via CM/ECF or provide the parties with an update. So Ordered by Judge Julien Xavier Neals on 10/13/2023. (kd)
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| Filing 19 Minute Entry for proceedings held before Judge Julien Xavier Neals: Motion Hearing held on 10/12/2023 re #2 MOTION for Preliminary Injunction by Order to Show Cause filed by JOSEPH BOCCHIARO, HOLMES LANDSCAPE, INC., BOB FREDETTE, R & J LAND CARE, LLC, O. MIRA LANDSCAPING & DESIGN, LLC, SIMON J. HAMILL, LLC, JAMES DYER LANDSCAPING, LLC, PILGRIM PRUNING, LLC, JOHN MICHURA, CARUSO PROPERTY SERVICES, LLC, PASQUALE GANGALA, LOU STANCATO, RICCARDO MANCUSO, ECM LANDSCAPING, INC, MCMILLAN LANDSCAPING CONTRACTORS, LLC, ROBERT GOLDEN, PETER PAUL LANDSCAPERS, LLC, GAIA GARDENS, LLC. (Court Reporter, Melissa Mormile (973-776-7710)) (kd) |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (kd) |
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Filing 18
RECUSAL LETTER ORDER. Magistrate Judge Michael A. Hammer recused. Case reassigned to Magistrate Judge Cathy L. Waldor for all further proceedings. Signed by Magistrate Judge Michael A. Hammer on 10/11/2023. (dam)
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| Filing 17 REPLY BRIEF to Opposition to Motion filed by All Plaintiffs re #2 MOTION for Preliminary Injunction by Order to Show Cause (Attachments: #1 Certificate of Service)(NESMITH, ROOSEVELT) |
| Filing 16 BRIEF in Opposition filed by TOWNSHIP OF MONTCLAIR re #2 MOTION for Preliminary Injunction by Order to Show Cause (Attachments: #1 Declaration of Counsel, #2 Exhibit A, #3 Exhibit B) (FREIJOMIL, DERRICK) Modified on 10/10/2023 (dam). |
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Filing 15
STIPULATION AND ORDER: Order to Show Cause entered by the Court on September 28, 2023, as ECF No. 3, BE AND IS HEREBY MODIFIED AS FOLLOWS: Montclair's responsive papers to the Order to Show Cause and Application for a Preliminary Injunction by Plaintiffs shall be filed and served on or before Saturday, October 7, 2023 by 4:00 p.m. provisions of the Order to Show Cause entered by the Court on September 28, 2023, as ECF No. 3, not modified above BE AND HEREBY SHALL REMAIN IN FULL FORCE AND EFFECT. Signed by Judge Julien Xavier Neals on 10/5/2023. (ld, )
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| Filing 14 Letter re #13 Letter. (FREIJOMIL, DERRICK) |
| Filing 13 Letter from Plaintiffs' Counsel re OSC Stipulation and Consent Order re #11 Proposed Pretrial Order. (NESMITH, ROOSEVELT) |
| Filing 12 NOTICE of Appearance by TYLER JOHN WICKS on behalf of TOWNSHIP OF MONTCLAIR (WICKS, TYLER) |
| Filing 11 Proposed Order and Stipulation by TOWNSHIP OF MONTCLAIR re #3 Order to Show Cause. (Attachments: #1 Cover Letter to Court)(FREIJOMIL, DERRICK) Modified on 10/6/2023 (dam). |
| Filing 10 NOTICE of Appearance by DERRICK R. FREIJOMIL on behalf of TOWNSHIP OF MONTCLAIR (FREIJOMIL, DERRICK) |
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Filing 9
TEXT ORDER - A telephone conference is scheduled for October 4, 2023 at 2:00 pm. Defense's counsel shall initiate the call to (973) 645-6042 once counsel for all parties are on the line. So Ordered by Judge Julien Xavier Neals on 10/4/2023. (kd)
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| Filing 8 Letter addressed to Judge Julien Xavier Neals from Paul J. Burr, Interim Counsel for TOWNSHIP OF MONTCLAIR. (ECF Help Desk) (dam) |
| Filing 7 Corporate Disclosure Statement by HOLMES LANDSCAPE, INC.. (NESMITH, ROOSEVELT) |
| Filing 6 Corporate Disclosure Statement by ECM LANDSCAPING, INC. (NESMITH, ROOSEVELT) |
| Filing 5 Certification of Roosevelt Nesmith, Esq. re Service per OSC [ECF 3] on behalf of All Plaintiffs Re #3 Order to Show Cause, Set Hearings. (NESMITH, ROOSEVELT) |
| Filing 4 SUMMONS ISSUED as to TOWNSHIP OF MONTCLAIR. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (dam) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by a nongovernmental corporate party or intervenor. Please refer to the Court's website at #www.njd.uscourts.gov for a form and filing instructions. (dam) |
| Set Deadlines as to #2 MOTION for Preliminary Injunction by Order to Show Cause. Motion set for 11/6/2023 before Judge Julien Xavier Neals. 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) |
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Filing 3
ORDER - Order to Show Cause Hearing set for 10/12/2023 at 10:30 AM in Newark - Courtroom 5D before Judge Julien Xavier Neals. Signed by Judge Julien Xavier Neals on 9/28/2023. (kd)
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| Filing 2 MOTION for Preliminary Injunction by Order to Show Cause by All Plaintiffs. (Attachments: #1 Brief iso Preliminary Injunction, #2 Declaration R. Leonardis iso PI, #3 Declaration D. Paxton iso PI, #4 Declaration L. Stancato iso PI, #5 Declaration B. Holmes Yuhas iso PI, #6 Declaration D. Caruso iso PI, #7 Declaration R. Mancuso iso PI, #8 Declaration R. Nesmith iso PI, #9 Text of Proposed Order)(NESMITH, ROOSEVELT) |
| Filing 1 COMPLAINT against TOWNSHIP OF MONTCLAIR (Filing and Admin fee $ 402 receipt number ANJDC-14741857), filed by SIMON J. HAMILL, LLC, MCMILLAN LANDSCAPING CONTRACTORS, LLC, PETER PAUL LANDSCAPERS, LLC, ROBERT GOLDEN, GAIA GARDENS, LLC, RICCARDO MANCUSO, LOU STANCATO, BOB FREDETTE, JAMES DYER LANDSCAPING, LLC, CARUSO PROPERTY SERVICES, LLC, PILGRIM PRUNING, LLC, JOSEPH BOCCHIARO, JOHN MICHURA, PASQUALE GANGALA, O. MIRA LANDSCAPING & DESIGN, LLC, ECM LANDSCAPING, INC, R & J LAND CARE, LLC, HOLMES LANDSCAPE, INC. (Attachments: #1 Civil Cover Sheet) (NESMITH, ROOSEVELT) Modified on 9/29/2023 (dam). |
| Judge Julien Xavier Neals and Magistrate Judge Michael A. Hammer added. (ps) |
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