GARCIA et al v. OCEAN COUNTY et al
Plaintiff: JOSE GARCIA, RICHARD WRIGHT, EDWARD BIZZARRO, APRIL WEDDING and WESLEY K. BELL
Defendant: THEODORE J. HUTLER, JR., SANDRA MUELLER and OCEAN COUNTY
Case Number: 3:2007cv05665
Filed: November 28, 2007
Court: US District Court for the District of New Jersey
Office: Trenton Office
County: Ocean
Presiding Judge: Tonianne J Bongiovanni
Referring Judge: Freda L Wolfson
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 16, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 16, 2017 Opinion or Order Filing 118 ORDER that Defendants' motion for summary judgment is GRANTED, and the claim against Defendants for violation of the Fourth Amendment to the United States Constitution (Count One), under 42 U.S.C. 1983, is dismissed; that the remaining state law claims against Defendants for violation of Article I, Paragraph 7 of the New Jersey Constitution (Count One) and the New Jersey Strip Search Statute (Count Two), under the New Jersey Civil Rights Act, N.J.S.A. 10:6-1, et seq., are dismissed without prejudice; that the applicable statutes of limitations are tolled, pursuant to 28 U.S.C. 1367(c)-(d), and Plaintiffs may refile their state law claims in State court within thirty (30) days from the date of this Order; that Plaintiffs' cross-motion to appoint co-class counsel is GRANTED, and Carl D. Poplar, Esq. is approved as co-class counsel nunc pro tunc to November 6, 2013; that this case be marked CLOSED. Signed by Judge Freda L. Wolfson on 5/16/2017. (mmh)
May 16, 2017 Filing 117 OPINION filed. Signed by Judge Freda L. Wolfson on 5/16/2017. (mmh)
September 29, 2015 Filing 116 Certification on behalf of JOSE GARCIA. (POPLAR, CARL)
September 22, 2015 Opinion or Order Filing 115 TEXT ORDER temporarily terminating #95 Motion to Substitute Attorney; temporarily terminating #95 Motion to Appoint Counsel. Motions administratively terminated awaiting counsel's supplemental certification. Ordered by Judge Freda L. Wolfson on 9/22/2015. (Fang, W)
September 11, 2015 Filing 114 Mail Returned as Undeliverable. Mail sent to LAUREN PLEVINSKY (km)
August 31, 2015 Filing 113 Letter from Plaintiffs. (Attachments: #1 Certification, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(RIBACK, WILLIAM)
August 31, 2015 Opinion or Order Filing 112 ORDER that Plaintiffs' request to file a three page reply is GRANTED and shall be filed by 9/2/2015. Signed by Judge Freda L. Wolfson on 8/31/2015. (mmh)
August 28, 2015 Filing 111 Letter from Carl D. Poplar. (POPLAR, CARL)
August 24, 2015 Filing 110 RESPONSE re #106 Order on Motion for Leave to File. (Attachments: #1 Supplement)(LIDAKA, MARY)
August 10, 2015 Opinion or Order Filing 109 LETTER ORDER granting an extension of the supplemental briefing schedule until 8/12/2015. Signed by Judge Freda L. Wolfson on 8/10/2015. (eaj)
August 10, 2015 Filing 108 Letter from Plaintiffs. (Attachments: #1 Declaration Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Certificate of Service Mailing)(RIBACK, WILLIAM)
August 7, 2015 Filing 107 Letter from William Riback. (RIBACK, WILLIAM)
August 3, 2015 Opinion or Order Filing 106 ORDER granting #103 Plaintiff's Motion for Leave to File a letter brief; administratively terminating #92 Defendant's motion for summary judgment. Signed by Judge Freda L. Wolfson on 8/3/2015. (mmh)
July 22, 2015 Filing 105 REPLY BRIEF to Opposition to Motion filed by RICHARD WRIGHT re #103 First MOTION for Leave to File Letter Brief (Attachments: #1 Exhibit A)(RIBACK, WILLIAM)
July 20, 2015 Filing 104 BRIEF in Opposition filed by THEODORE J. HUTLER, JR, SANDRA MUELLER(both individually and in her official capacity as Chief of Corrections of the Ocean County Correctional Facility), OCEAN COUNTY re #103 First MOTION for Leave to File Letter Brief (LIDAKA, MARY)
July 2, 2015 Set Deadlines as to #103 First MOTION for Leave to File Letter Brief. Motion set for 8/3/2015 before Magistrate Judge Tonianne J. Bongiovanni. The motion will be decided on the papers. No appearances required unless notified by the court. (kas, )
July 1, 2015 Filing 103 First MOTION for Leave to File Letter Brief by RICHARD WRIGHT. (Attachments: #1 Declaration Exhibits, #2 Exhibit A, #3 Exhibit A to Letter Brief, #4 Exhibit B to Letter Brief, #5 Exhibit C to Letter Brief, #6 Exhibit D to Letter Brief, #7 Exhibit E to Letter Brief, #8 Exhibit F to Letter Brief, #9 Text of Proposed Order, #10 Certificate of Service)(RIBACK, WILLIAM)
April 28, 2015 Filing 102 Letter from Plaintiffs. (RIBACK, WILLIAM)
April 16, 2015 CLERK'S QUALITY CONTROL MESSAGE - The Statements in Response #100 AND #101 submitted by William Riback on 4/15/2015 appear to be duplicates. These submissions will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (kas, )
April 15, 2015 Filing 101 STATEMENT in response to defendants statement of material facts by RICHARD WRIGHT. (Attachments: #1 Statement cover letter to court, #2 Certificate of Service)(RIBACK, WILLIAM)
April 15, 2015 Filing 100 STATEMENT in response to Defendants Statement of Material Facts by RICHARD WRIGHT(Individually and on behalf of a Class of others similarly situated). (Attachments: #1 Statement cover letter to court, #2 Certificate of Service)(RIBACK, WILLIAM)
March 31, 2015 Filing 99 RESPONSE in Opposition filed by THEODORE J. HUTLER, JR, SANDRA MUELLER(both individually and in her official capacity as Chief of Corrections of the Ocean County Correctional Facility), OCEAN COUNTY re #92 MOTION for Summary Judgment (Attachments: #1 Statement)(LIDAKA, MARY)
March 10, 2015 Opinion or Order Filing 98 LETTER ORDER granting request that the due date for Defendant's reply to Plaintiff's brief re: Motion for Summary Judgment, be extended to 3/31/2015; that Plaintiff's response to Defendant's Statement of Material Facts is due 4/15/2015. Signed by Judge Freda L. Wolfson on 3/10/2015. (mmh)
March 9, 2015 Filing 97 Letter re #92 MOTION for Summary Judgment . (LIDAKA, MARY)
March 3, 2015 Filing 96 Letter re #92 MOTION for Summary Judgment . (Attachments: #1 Supplement Statement of Facts)(LIDAKA, MARY)
February 26, 2015 Set Deadlines as to #95 First MOTION to Substitute Attorney MOTION to Appoint Counsel Carl D. Poplar Co-Lead Attorney: Carl D. Poplar.. Motion set for 3/16/2015 before Magistrate Judge Tonianne J. Bongiovanni. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)
February 25, 2015 Filing 95 First MOTION to Substitute Attorney , MOTION to Appoint Counsel Carl D. Poplar Co-Lead Attorney: Carl D. Poplar. by APRIL WEDDING. (Attachments: #1 Brief, #2 Statement Counter Statement of Material Facts, #3 Declaration Declaration of Exhibits, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Text of Proposed Order, #28 Certificate of Service, #29 Statement cover letter)(RIBACK, WILLIAM)
February 17, 2015 Opinion or Order Filing 94 LETTER ORDER granting Plaintiff's request for an extension of time, until 2/25/2015, to submit opposition to summary judgment. Signed by Judge Freda L. Wolfson on 2/17/2015. (mmh)
February 11, 2015 Filing 93 Letter. (RIBACK, WILLIAM)
January 16, 2015 Set Deadlines as to #92 MOTION for Summary Judgment. Motion set for 2/17/2015 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)
January 15, 2015 Filing 92 MOTION for Summary Judgment by THEODORE J. HUTLER, JR, SANDRA MUELLER(both individually and in her official capacity as Chief of Corrections of the Ocean County Correctional Facility), OCEAN COUNTY. Responses due by 2/17/2015 (Attachments: #1 Certification, #2 Text of Proposed Order, #3 Certificate of Service, #4 Brief, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H)(LIDAKA, MARY)
September 24, 2014 Opinion or Order Filing 91 ORDER: Extending Discovery deadline until 11/15/2014; Dispositive Motions due by 1/15/2015. Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/23/2014. (eaj)
September 22, 2014 Filing 90 Letter from William Riback. (RIBACK, WILLIAM)
September 18, 2014 Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 9/18/2014. (mm)
May 27, 2014 Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 5/27/2014. Fact discovery resumed; Status Telephone Conference set for 9/18/2014 11:00 AM before Magistrate Judge Tonianne J. Bongiovanni. (mm)
April 11, 2014 Opinion or Order Filing 89 ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 5/27/2014 at 02:00 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/11/2014. (jjc)
April 11, 2014 Filing 88 ANSWER to Amended Complaint by THEODORE J. HUTLER, JR, SANDRA MUELLER(both individually and in her official capacity as Chief of Corrections of the Ocean County Correctional Facility), OCEAN COUNTY. (Attachments: #1 Certificate of Service, #2 Civil Cover Sheet)(LIDAKA, MARY)
March 27, 2014 Filing 87 AMENDED COMPLAINT Fourth Amended Complaint against All Defendants All Defendants., filed by APRIL WEDDING, JOSE GARCIA, EDWARD BIZZARRO, RICHARD WRIGHT, WESLEY K. BELL. (Attachments: #1 Certificate of Service)(RIBACK, WILLIAM)
March 27, 2014 CLERK'S QUALITY CONTROL MESSAGE - The Amended Complaint #86 submitted by William Riback on 3/25/2014 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorney's Name.) This submission will remain on the docket unless otherwise ordered by the court. (jjc)
March 25, 2014 Filing 86 AMENDED COMPLAINT Fourth Amended Complaint against All Defendants All Defendants., filed by APRIL WEDDING, JOSE GARCIA, EDWARD BIZZARRO, RICHARD WRIGHT, WESLEY K. BELL. (Attachments: #1 Certificate of Service)(RIBACK, WILLIAM)
March 13, 2014 Opinion or Order Filing 85 ORDER that Plaintiffs' motion to lift the stay and amend the Complaint is GRANTED; that Plaintiffs file their Fourth Amend Complaint (as corrected in Pl.'s Reply; Br. in Further Supp. of Mot., Exhibit G) no later than March 27, 2014. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/13/2014. (mmh)
March 13, 2014 Filing 84 MEMORANDUM OPINION filed. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/13/2014. (mmh)
January 24, 2014 Filing 83 REPLY to Response to Motion filed by WESLEY K. BELL, EDWARD BIZZARRO, JOSE GARCIA, APRIL WEDDING, RICHARD WRIGHT re #74 MOTION to Amend/Correct the Complaint Reply Brief in Further Support (Attachments: #1 Certification Certfication, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Certificate of Service Certificate of Service, #14 Brief Brief)(RIBACK, WILLIAM)
December 30, 2013 Opinion or Order Filing 82 LETTER ORDER grating Plaintiffs' request that their reply brief be filed on or before 1/24/2014. Signed by Magistrate Judge Tonianne J. Bongiovanni on 12/30/2013. (mmh)
December 26, 2013 Filing 81 Letter from William Riback, Esquire. (RIBACK, WILLIAM)
December 20, 2013 Filing 80 BRIEF in Opposition filed by THEODORE J. HUTLER, JR, SANDRA MUELLER(both individually and in her official capacity as Chief of Corrections of the Ocean County Correctional Facility), OCEAN COUNTY re #74 MOTION to Amend/Correct the Complaint (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service, #5 Civil Cover Sheet)(LIDAKA, MARY)
November 26, 2013 Opinion or Order Filing 79 LETTER ORDER adjourning the pending Motion to Lift the Stay and Amend the Complaint to 1/6/2014. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/25/2013. (mmh)
November 26, 2013 Reset Deadlines as to #74 MOTION to Amend/Correct the Complaint. Motion reset for 1/6/2014 before Magistrate Judge Tonianne J. Bongiovanni. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)
November 21, 2013 Filing 78 Letter from Mary Jane Lidaka re #74 MOTION to Amend/Correct the Complaint. (LIDAKA, MARY)
November 15, 2013 Opinion or Order Filing 77 LETTER ORDER granting request to reset the pending Motion to Amend the Complaint to 12/16/2013. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/15/2013. (mmh)
November 15, 2013 Reset Deadlines as to #74 MOTION to Amend/Correct the Complaint. Motion reset for 12/16/2013 before Magistrate Judge Tonianne J. Bongiovanni. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)
November 14, 2013 CLERK'S QUALITY CONTROL MESSAGE - This message is in reference to the #76 Rule 7.1 Letter filed by Mary Lidaka on 11/13/2013. Please be advised that this request has been forwarded to Chambers as the Motion is not a dispositive motion and the Clerk cannot grant an automatic extension. (mmh)
November 13, 2013 Filing 76 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by THEODORE J. HUTLER, JR, SANDRA MUELLER(both individually and in her official capacity as Chief of Corrections of the Ocean County Correctional Facility), OCEAN COUNTY re #74 MOTION to Amend/Correct the Complaint (LIDAKA, MARY)
November 13, 2013 Filing 75 NOTICE of Appearance by MARY JANE LIDAKA on behalf of THEODORE J. HUTLER, JR, SANDRA MUELLER(both individually and in her official capacity as Chief of Corrections of the Ocean County Correctional Facility), OCEAN COUNTY (LIDAKA, MARY)
November 8, 2013 Set Deadlines as to #74 MOTION to Amend/Correct the Complaint. Motion set for 12/2/2013 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (jjc)
November 7, 2013 Filing 74 MOTION to Amend/Correct the Complaint by EDWARD BIZZARRO, APRIL WEDDING, RICHARD WRIGHT. (Attachments: #1 Brief, #2 Certification, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 Exhibit Exhibit L, #15 Exhibit Exhibit M, #16 Exhibit Exhibit N, #17 Exhibit Exhibit O, #18 Exhibit Exhibit P, #19 Text of Proposed Order, #20 Certificate of Service)(RIBACK, WILLIAM)
November 6, 2013 Filing 73 NOTICE of Appearance by CARL D. POPLAR on behalf of All Plaintiffs (POPLAR, CARL)
August 16, 2012 Filing 72 NOTICE by ALEXANDRA COLER WARREN of Withdrawal of Appearance as Counsel (LESSER, SETH)
August 15, 2012 Filing 71 NOTICE by CHARLES J. LADUCA of Withdrawal of Appearance as Counsel (LESSER, SETH)
August 15, 2012 Filing 70 NOTICE by FRAN L. RUDICH of Withdrawal of Appearance as Counsel (LESSER, SETH)
August 13, 2012 Filing 69 Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney SETH R. LESSER terminated. (LESSER, SETH)
April 12, 2011 Opinion or Order Filing 68 ORDER denying #62 Motion to Vacate; that this matter shall remain ADMINISTRATIVELY TERMINATED pending the Supreme Courts decision in Florence v. Board of Chosen Freeholders of the County of Burlington, et al., 2011 WL 202772. Signed by Judge Freda L. Wolfson on 4/12/2011. (mmh)
April 12, 2011 Filing 67 OPINION filed. Signed by Judge Freda L. Wolfson on 4/12/2011. (mmh)
April 4, 2011 Filing 66 Letter from William Riback, Esquire. (RIBACK, WILLIAM)
March 28, 2011 CLERK'S QUALITY CONTROL MESSAGE - This message is in reference to #65 Notice of Appearance filed on behalf of all Plaintiffs by William Riback. Please be advised that this Notice of Appearance is for Lauren Plivasky, Esq. and not William Riback as the docket text indicates. For future reference, Counsel is advised that when filing an initial document in a case, Counsel should add their name to the docket when prompted to do so. The Clerk's office has added attorney LAUREN PLEVINSKY for all Plaintiffs. (mmh)
March 25, 2011 Filing 65 NOTICE of Appearance by WILLIAM A. RIBACK on behalf of All Plaintiffs (RIBACK, WILLIAM)
March 25, 2011 Filing 64 RESPONSE in Support re #62 MOTION to Vacate /Lift the Stay filed by WESLEY K. BELL, EDWARD BIZZARRO, JOSE GARCIA, APRIL WEDDING, RICHARD WRIGHT. (RIBACK, WILLIAM)
March 21, 2011 Filing 63 BRIEF in Opposition re #62 MOTION to Vacate /Lift the Stay filed by THEODORE J. HUTLER, JR, SANDRA MUELLER(both individually and in her official capacity as Chief of Corrections of the Ocean County Correctional Facility), OCEAN COUNTY. (Attachments: #1 Exhibit 1 - Florence Petition for a Writ of Certiorari)(SLAVICK, GARRICK)
March 4, 2011 Set Deadlines as to #62 MOTION to Vacate /Lift the Stay. Motion set for 4/4/2011 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)
March 3, 2011 Filing 62 MOTION to Vacate /Lift the Stay by EDWARD BIZZARRO, APRIL WEDDING, RICHARD WRIGHT. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certification, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Certificate of Service)(RIBACK, WILLIAM)
February 23, 2011 Text Minute Entry for proceedings held before Judge Freda L. Wolfson: Telephone Conference held on 2/23/2011. (jg, )
February 18, 2011 Filing 61 Letter from William Riback, Esquire. (RIBACK, WILLIAM)
January 3, 2011 Opinion or Order Filing 60 LETTER ORDER granting request that the matter remain administratively stayed until at least 1/19/2011. Signed by Magistrate Judge Tonianne J. Bongiovanni on 1/3/2011. (mmh)
December 10, 2010 Text Minute Entry for proceedings held before Judge Freda L. Wolfson: Telephone Conference held on 12/10/2010. (jg, )
December 2, 2010 Filing 59 Letter from Garrick R. Slavick, Esq.. (SLAVICK, GARRICK)
December 2, 2010 Filing 58 Letter from Garrick R. Slavick, Esq.. (SLAVICK, GARRICK)
November 10, 2010 Text Minute Entry for proceedings held before Judge Freda L. Wolfson: Telephone Conference held on 11/10/2010. (jg, )
November 8, 2010 Opinion or Order Filing 57 LETTER ORDER that any objection to the application to withdraw as Counsel must be filed by 11/30/2010 otherwise Mr. Keach may file his withdrawal; he is instructed to provide this Order to class representatives within 7 days. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/8/2010. (mmh)
October 4, 2010 Text Minute Entry for proceedings held before Judge Freda L. Wolfson: Telephone Conference held on 10/4/2010. (jg, )
March 17, 2010 CLERK'S QUALITY CONTROL MESSAGE - The #56 NOTICE of Change of Address submitted by Seth Lesser on 3/16/2010 contains an improper signature. Only the filing user is permitted to sign electronically filed documents with an s/. IN THE FUTURE, PLEASE SUBMIT ALL DOCUMENTS WITH A PROPER SCANNED OR ELECTRONIC SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (mmh) (mmh)
March 16, 2010 Filing 56 NOTICE of Change of Address by SETH R. LESSER (LESSER, SETH)
December 29, 2009 Filing 55 Substitution of Attorney - Attorney GARRICK RONALD SLAVICK for THEODORE J. HUTLER, JR,GARRICK RONALD SLAVICK for THEODORE J. HUTLER, JR,GARRICK RONALD SLAVICK for THEODORE J. HUTLER, JR,GARRICK RONALD SLAVICK for SANDRA MUELLER,GARRICK RONALD SLAVICK for SANDRA MUELLER,GARRICK RONALD SLAVICK for SANDRA MUELLER,GARRICK RONALD SLAVICK for OCEAN COUNTY,GARRICK RONALD SLAVICK for OCEAN COUNTY,GARRICK RONALD SLAVICK for OCEAN COUNTY added. Attorney ROBERT SCOTT CLAYTON and STEVEN M. HORN terminated.. (SLAVICK, GARRICK)
November 16, 2009 Opinion or Order Filing 54 LETTER ORDER that the telephone conference scheduled for 11/17/2009 is cancelled pending a decision by the third circuit. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/16/2009. (mmh)
November 16, 2009 Opinion or Order Filing 53 ORDER that #48 Defendants Motion to Stay Proceedings pending a decision from the Third Circuit Court of Appeals in the Florence case is GRANTED; that in the interests of judicial economy and conservation of the parties resources, the above-captioned case shall be immediately ADMINISTRATIVELY TERMINATED pending a decision from the Third Circuit Court of Appeals in the Florencecase, after which time this Court shall reinstate the matters referenced herein; that during the pendency of the Florence case, either party may make anapplication to this Court to reinstate the matter upon good cause shown. Signed by Judge Freda L. Wolfson on 11/16/2009. (mmh)
November 16, 2009 Opinion or Order Filing 52 OPINION filed re #48 MOTION to Stay Proceedings, Attorney Certification and Order filed by SANDRA MUELLER, THEODORE J. HUTLER, JR., OCEAN COUNTY. Signed by Judge Freda L. Wolfson on 11/16/2009. (mmh)
November 16, 2009 ***Civil Case Terminated. (mmh)
September 17, 2009 Filing 51 Letter from Seth R. Lesser to the Hon. Freda L. Wolfson in response to Defendants' reply in support of motion for a stay. (Attachments: #1 Certificate of Service)(LESSER, SETH)
September 16, 2009 Filing 50 RESPONSE in Opposition re #48 MOTION to Stay Proceedings, Attorney Certification and Order filed by OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER. (Attachments: #1 Exhibit A, #2 Exhibit B)(CLAYTON, ROBERT)
September 10, 2009 Opinion or Order TEXT ORDER - Telephone Conference set for November 6, 2009, is hereby RESCHEDULED to November 17, 2009 at 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni. It shall be plaintiffs counsels responsibility to contact all counsel to set up the conference as well as to initiate the call. Kindly mark your calendar accordingly. Ordered by Magistrate Judge Tonianne J. Bongiovanni. (mm)
September 1, 2009 Filing 49 MEMORANDUM in Opposition re #48 MOTION to Stay Proceedings, Attorney Certification and Order filed by EDWARD BIZZARRO. (Attachments: #1 Certificate of Service)(LESSER, SETH)
August 19, 2009 Set Deadlines as to #48 MOTION to Stay Proceedings, Attorney Certification and Order. Motion set for 9/21/2009 before Judge Bongiovanni will be decided on the papers. No appearance required unless notified by the Court. (mmh)
August 18, 2009 Filing 48 MOTION to Stay Proceedings, Attorney Certification and Order by OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER. (Attachments: #1 Civil Cover Sheet, #2 Index Table of Contents and Authorities, #3 Brief)(CLAYTON, ROBERT)
July 2, 2009 Opinion or Order Filing 47 LETTER ORDER that the telephone conference previously scheduled to occur on 7/9/2009 is cancelled and a Status Telephone Conference shall be held on 11/6/2009 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni; Pltf shall initiate the call. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/2/2009. (mmh)
July 2, 2009 Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 7/2/2009. (mm)
July 1, 2009 Opinion or Order Filing 46 LETTER ORDER confirming the 7/2/2009 11:00 am telephone pretrial status conference. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/1/2009. (mmh)
June 30, 2009 Filing 45 ANSWER to Amended Complaint THIRD, COUNTERCLAIM against all plaintiffs by OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER.(CLAYTON, ROBERT)
June 29, 2009 Filing 44 AMENDED COMPLAINT (Third) against all defendants all defendants., filed by JOSE GARCIA, APRIL WEDDING, WESLEY K. BELL, EDWARD BIZZARRO, RICHARD WRIGHT. (Attachments: #1 Certificate of Service)(LESSER, SETH)
June 12, 2009 Filing 43 Notice of Request by Pro Hac Vice Fran L. Rudich to receive Notices of Electronic Filings. (LESSER, SETH)
June 12, 2009 Opinion or Order TEXT ORDER - Status Conference via telephone set for July 9, 2009 at 12:30 PM before Magistrate Judge Tonianne J. Bongiovanni. It shall be plaintiffs counsels responsibility to contact all counsel to set up the conference as well as to initiate the call. Kindly mark your calendar accordingly. Ordered by Magistrate Judge Tonianne J. Bongiovanni.(mm)
June 9, 2009 Opinion or Order Filing 42 ORDER granting #31 Motion to Certify Class; directing that Pltf's have 20 days to submit their Third Amended Complaint; appointing class counsel. Signed by Judge Freda L. Wolfson on 6/9/2009. (mmh)
June 9, 2009 Filing 41 OPINION FILED re #31 MOTION to Certify Class filed by APRIL WEDDING, RICHARD WRIGHT, EDWARD BIZZARRO. Signed by Judge Freda L. Wolfson on 6/9/2009. (mmh)
March 31, 2009 Filing 40 NOTICE by APRIL WEDDING, EDWARD BIZZARRO, RICHARD WRIGHT of Second Notice of Supplemental Authority in Support of Plaintiffs' Motion for Class Certification (Attachments: #1 Exhibit A - Class certification decision and order in Wilson v Gloucester County, #2 Exhibit B - Class certification decision in Jones v Murphy, #3 Certificate of Service)(LESSER, SETH)
March 3, 2009 Filing 39 Letter from Plaintiffs Counsel re Letter from Defendants Counsel to Judges Wolfson and Bongiovanni. (LESSER, SETH)
March 3, 2009 Filing 38 Letter from R. Scott Clayton, Esq. in response to plaintiffs' notice of supplemental authority re #37 Notice (Other), Notice (Other). (CLAYTON, ROBERT)
February 26, 2009 Filing 37 NOTICE by APRIL WEDDING, EDWARD BIZZARRO, RICHARD WRIGHT of Supplemental Authority (Attachments: #1 Exhibit 1 - Copy of decision in Florence v Burlington County, #2 Exhibit 2 Copy of decision in Young v Cook County, #3 Certificate of Service)(LESSER, SETH)
December 4, 2008 Filing 36 REPLY BRIEF to Opposition to Motion re #31 MOTION to Certify Class filed by EDWARD BIZZARRO. (Attachments: #1 Certificate of Service)(LESSER, SETH)
November 20, 2008 Opinion or Order Filing 35 LETTER ORDER setting deadline of 12/4/2008 for Pltfs to file papers in further support of Class Certification. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/19/2008. (mmh)
November 18, 2008 Filing 34 Letter from William Riback. (RIBACK, WILLIAM)
November 10, 2008 Filing 33 BRIEF in Opposition re #31 MOTION to Certify Class Certification of Counsel filed by OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER. (Attachments: #1 Title Page, #2 Brief, #3 Table of Contents and Authorities, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F)(CLAYTON, ROBERT)
October 30, 2008 Opinion or Order Filing 32 LETTER ORDER re: certain briefing schedule. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/30/2008. (mmh)
October 21, 2008 Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 10/21/2008. (mm)
October 20, 2008 Setting Deadlines as to #31 MOTION to Certify Class. Motion set for 11/17/2008 in Trenton - Courtroom 5E before Judge Freda L. Wolfson. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (mmh)
October 18, 2008 Filing 31 MOTION to Certify Class by APRIL WEDDING, EDWARD BIZZARRO, RICHARD WRIGHT. Responses due by 11/3/2008 (Attachments: #1 Affirmation of Elmer Keach, #2 Exhibit A -- Second Amended Class Action Complaint, #3 Exhibit B -- Ocean County Deponent Deposition, pp. 1-100, #4 Exhibit B, continued -- Ocean County Deponent Deposition, pp. 101-200, #5 Exhibit B, continued -- Ocean County Depondent Deposition, pp. 201-end, #6 Exhibit C -- Spina Diagram of Strip Search Room, #7 Exhibit D -- Ocean County Strip Search Policy, #8 Exhibit E -- Wedding Deposition, #9 Exhibit F -- Wright Deposition Transcript, #10 Exhibit G -- Bizaro Deposition Transcript, #11 Exhibit H -- Tyson Decision, #12 Exhibit I -- Williams Decision, #13 Exhibit J -- Delandro Decision, #14 Exhibit K -- Firm Resumes, Proposed Class Counsel, #15 Memorandum of Law)(KEACH, ELMER)
October 15, 2008 Filing 30 ANSWER to Amended Complaint (Second), COUNTERCLAIM against all plaintiffs by OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER.(CLAYTON, ROBERT)
October 14, 2008 Opinion or Order Filing 28 LETTER ORDER granting request of extension to file motion for class certification. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/10/2008. (mmh)
September 15, 2008 Filing 29 SECOND AMENDED COMPLAINT against OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER, filed by APRIL WEDDING, EDWARD BIZZARRO, RICHARD WRIGHT.(mmh)
September 15, 2008 Opinion or Order Filing 27 Consent ORDER granting application for leave to file Amended Complaint. Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/15/2008. (mmh)
September 12, 2008 Filing 26 STIPULATION of Consent to Second Amended Complaint and Second Amended Complaint by EDWARD BIZZARRO. (Attachments: #1 Exhibit Second Amended Complaint)(LESSER, SETH)
August 26, 2008 Filing 25 NOTICE of Appearance by STEVEN M. HORN on behalf of OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER (HORN, STEVEN)
August 1, 2008 Opinion or Order Filing 24 ORDER confirming status call for 10/21/2008 at 10:30am. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/31/2008. (tp )
July 31, 2008 Filing 23 Notice of Request by Pro Hac Vice Fran L. Rudich to receive Notices of Electronic Filings. (LESSER, SETH)
July 30, 2008 Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 7/30/2008. Status Telephone Conference set for 10/21/2008 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni. (mm)
July 17, 2008 Opinion or Order Filing 22 LETTER ORDER setting telephone conference for 7/30/2008 at 3:30pm. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/17/2008. (tp )
June 5, 2008 Filing 21 STIPULATION of Dismissal by JOSE GARCIA, WESLEY K. BELL. (tp )
June 4, 2008 Filing 20 STIPULATION of Dismissal Without Prejudice by JOSE GARCIA. (LESSER, SETH)
June 4, 2008 Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 6/4/2008. Status Telephone Conference set for 9/12/2008 3:30 PM before Magistrate Judge Tonianne J. Bongiovanni. (mm)
May 2, 2008 Opinion or Order Filing 19 LETTER ORDER setting certain motion deadline. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/1/08. (ij, )
April 8, 2008 Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 4/8/2008. (mm)
April 7, 2008 Opinion or Order Filing 18 LETTER ORDER: Telephone Conference set for 4/8/2008 11:00 AM before Magistrate Judge Tonianne J. Bongiovanni.. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/4/08. (lk)
March 19, 2008 Opinion or Order Filing 17 ORDER re-setting Telephone Conference for 6/4/2008 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni.(Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/19/08.)(ms)
March 4, 2008 Opinion or Order Filing 16 SCHEDULING ORDER: Telephone Conference set for 6/9/2008 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni. Amended Pleadings due by 9/12/2008. Joinder of Parties due by 9/12/2008.. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/4/08. (lk)
March 4, 2008 Opinion or Order Filing 15 ORDER granting #12 Motion for Fran L. Rudich, Esq. Leave to Appear Pro Hac Vice. Signed by Magistrate Judge Tonianne J. Bongiovanni on 3/4/08. (lk)
March 3, 2008 Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Initial Pretrial Conference held via conference call on 3/3/2008. (mm)
February 20, 2008 Filing 14 Notice of Request by Pro Hac Vice Alexandra Warren to receive Notices of Electronic Filings. (RIBACK, WILLIAM)
February 20, 2008 Filing 13 Notice of Request by Pro Hac Vice Charles J. LaDuca to receive Notices of Electronic Filings. (RIBACK, WILLIAM)
February 1, 2008 Set Deadlines as to #12 MOTION for Leave to Appear Pro Hac Vice - Fran Rudich. Motion Hearing set for 3/3/2008 before Magistrate Judge Tonianne J. Bongiovanni. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (lt)
January 31, 2008 Filing 12 MOTION for Leave to Appear Pro Hac Vice - Fran Rudich by JOSE GARCIA. (LESSER, SETH)
January 31, 2008 Pro Hac Vice fee: for attorneys Alexandra C. Warren and Charles J. LaDuca $300, receipt number 200-350285. (lt)
January 23, 2008 Opinion or Order Filing 11 ORDER granting #3 Motion for Leave to Appear Pro Hac Vice; granting #4 Motion for Leave to Appear Pro Hac Vice Signed by Judge Tonianne J. Bongiovanni on 1/22/2008. (ss, )
January 22, 2008 Filing 10 NOTICE of Appearance by ELMER ROBERT KEACH, III on behalf of all plaintiffs (KEACH, ELMER)
January 17, 2008 Filing 9 Revised ANSWER to Complaint by OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER.(CLAYTON, ROBERT)
January 17, 2008 Opinion or Order Filing 8 ORDER Scheduling a rule 16 Conference set for 3/3/2008 2:30 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni.Signed by Judge Tonianne J. Bongiovanni on 1/17/08. (Attachments: #1 ADR MEMO)(mm)
January 17, 2008 CLERK'S QUALITY CONTROL MESSAGE: The Answer #7 submitted by Robert Scott Clayton on 1/16/08 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorneys Name.) This submission will remain on the docket unless otherwise ordered by the court. (lt)
January 16, 2008 Filing 7 ANSWER to Amended Complaint by OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER. (Attachments: #1 Civil Cover Sheet Letter to Clerk with answer#2 Certificate of Service)(CLAYTON, ROBERT)
January 11, 2008 Filing 6 AMENDED COMPLAINT against OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER, filed by JOSE GARCIA, WESLEY K. BELL, EDWARD BIZZARRO, RICHARD WRIGHT. (Attachments: #1 Certificate of Service)(RIBACK, WILLIAM)
January 3, 2008 Filing 5 SUMMONS Returned Executed by JOSE GARCIA, WESLEY K. BELL, EDWARD BIZZARRO, RICHARD WRIGHT. OCEAN COUNTY served on 12/10/2007, answer due 12/30/2007. (RIBACK, WILLIAM)
December 21, 2007 Set Deadlines as to #4 MOTION for Leave to Appear Pro Hac Vice Charles J. LaDuca, #3 MOTION for Leave to Appear Pro Hac Vice Alexandra C. Warren. Motion Hearing set for 1/22/2008 10:00 AM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. (PLEASE NOTE THAT PURSUANT TO FED. R. CIV. P. 78 AND LOCAL RULE 7.1(B)(4), NO ORAL ARGUMENT WILL BE HELD IN THIS MATTER AND PARTIES SHOULD NOT APPEAR UNLESS SPECIFICALLY DIRECTED TO DO SO BY THE COURT.) (ck, )
December 20, 2007 Filing 4 MOTION for Leave to Appear Pro Hac Vice Charles J. LaDuca by JOSE GARCIA, WESLEY K. BELL, EDWARD BIZZARRO, RICHARD WRIGHT. (Attachments: #1 Certification William Riback#2 Certification Charles J. LaDuca#3 Text of Proposed Order #4 Certificate of Service)(RIBACK, WILLIAM)
December 20, 2007 Filing 3 MOTION for Leave to Appear Pro Hac Vice Alexandra C. Warren by JOSE GARCIA, WESLEY K. BELL, EDWARD BIZZARRO, RICHARD WRIGHT. (Attachments: #1 Certification William Riback#2 Certification Alexandra C. Warren#3 Text of Proposed Order #4 Certificate of Service)(RIBACK, WILLIAM)
December 5, 2007 Filing 2 Summons Issued as to OCEAN COUNTY. Days Due - 20. (sk)
November 28, 2007 Filing 1 COMPLAINT against OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER ( Filing fee $ 350 receipt number 1756423.) JURY DEMAND, filed by JOSE GARCIA, WESLEY K. BELL, EDWARD BIZZARRO, RICHARD WRIGHT.(jh)

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Search for this case: GARCIA et al v. OCEAN COUNTY et al
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Defendant: THEODORE J. HUTLER, JR.
Represented By: STEVEN M. HORN
Represented By: ROBERT SCOTT CLAYTON
Represented By: GARRICK RONALD SLAVICK
Represented By: MARY JANE LIDAKA
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Defendant: SANDRA MUELLER
Represented By: STEVEN M. HORN
Represented By: ROBERT SCOTT CLAYTON
Represented By: GARRICK RONALD SLAVICK
Represented By: MARY JANE LIDAKA
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Defendant: OCEAN COUNTY
Represented By: STEVEN M. HORN
Represented By: ROBERT SCOTT CLAYTON
Represented By: GARRICK RONALD SLAVICK
Represented By: MARY JANE LIDAKA
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Plaintiff: JOSE GARCIA
Represented By: WILLIAM A. RIBACK
Represented By: ELMER ROBERT KEACH, III
Represented By: SETH RICHARD LESSER
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Plaintiff: RICHARD WRIGHT
Represented By: WILLIAM A. RIBACK
Represented By: CARL D. POPLAR
Represented By: LAUREN PLEVINSKY
Represented By: ELMER ROBERT KEACH, III
Represented By: SETH RICHARD LESSER
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Plaintiff: EDWARD BIZZARRO
Represented By: WILLIAM A. RIBACK
Represented By: CARL D. POPLAR
Represented By: LAUREN PLEVINSKY
Represented By: ELMER ROBERT KEACH, III
Represented By: SETH RICHARD LESSER
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Plaintiff: APRIL WEDDING
Represented By: WILLIAM A. RIBACK
Represented By: CARL D. POPLAR
Represented By: LAUREN PLEVINSKY
Represented By: ELMER ROBERT KEACH, III
Represented By: SETH RICHARD LESSER
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Plaintiff: WESLEY K. BELL
Represented By: WILLIAM A. RIBACK
Represented By: ELMER ROBERT KEACH, III
Represented By: SETH RICHARD LESSER
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