SEVERINO v. MIDDLESEX COUNTY PROSECUTOR'S OFFICE et al
| ANDREW CAREY, WILLIAM F. SEVERINO, III, DETECTIVE BECKER, BOROUGH OF SAYREVILLE, OSCAR A. AYALA, MIDDLESEX COUNTY PROSECUTOR'S OFFICE, GEORGE STILWELL, JEFFREY MAROCCIA, ALLYSA GAMBARELLA, CHIEF ZEBROWSKI, DETECTIVE GEORGE STILWELL, OFFICER ANDREW CAREY, DETECTIVE OSCAR A. AYALA, CHIEF ALLYSA GAMBARELLA, SGT. MAROGGIA and CHIEF SEBROWSKI |
| 3:2019cv19164 |
| October 21, 2019 |
| US District Court for the District of New Jersey |
| Tonianne J Bongiovanni |
| Michael A Shipp |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on April 28, 2022. A more recent docket listing may be available from PACER.
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Filing 36
Substitution of Attorney - Attorney MARC D. MORY terminated. Attorney CHRISTINE KLIMCZUK for DETECTIVE BECKER,CHRISTINE KLIMCZUK for BOROUGH OF SAYREVILLE,CHRISTINE KLIMCZUK for ZEBROWSKI added.. (KLIMCZUK, CHRISTINE)
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Filing 35
REPLY BRIEF to Opposition to Motion filed by DETECTIVE BECKER, BOROUGH OF SAYREVILLE, ZEBROWSKI re #28 MOTION to Dismiss First Amended Complaint (MORY, MARC)
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Filing 34
REPLY BRIEF to Opposition to Motion filed by OSCAR A. AYALA, ANDREW CAREY, ALLYSA GAMBARELLA, MAROGGIA, MIDDLESEX COUNTY PROSECUTOR'S OFFICE, GEORGE STILWELL re #27 MOTION to Dismiss the First Amended Complaint (Attachments: #1 Certificate of Service)(BARRIS, CHRISTINE)
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Filing 33
TEXT ORDER: In light of the recent correspondence (ECF Nos. #30 , #32 ), the Court resets the return dates of Defendants' Motions to Dismiss (ECF Nos. #27 , #28 ) to November 15, 2021. So Ordered by Judge Michael A. Shipp on 10/26/2021. (gxh)
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Filing 32
Letter re #28 MOTION to Dismiss First Amended Complaint, #27 MOTION to Dismiss the First Amended Complaint. (MORY, MARC)
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Filing 31
LETTER ORDER granting request that the #28 MOTION to Dismiss First Amended Complaint be adjourned to 11/15/2021. Signed by Judge Michael A. Shipp on 10/26/2021. (jdb)
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Reset Deadlines as to #28 MOTION to Dismiss First Amended Complaint. Motion reset for 11/15/2021 before Judge Michael A. Shipp. 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. (jdb)
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Reset Deadlines as to #27 MOTION to Dismiss the First Amended Complaint. Motion reset for 11/15/2021 before Judge Michael A. Shipp. 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. (jdb)
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Reset Deadlines as to #27 MOTION to Dismiss the First Amended Complaint, #28 MOTION to Dismiss First Amended Complaint. Motion reset for 11/15/2021 before Judge Michael A. Shipp. 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. (gxh)
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Reset Deadlines as to #28 MOTION to Dismiss First Amended Complaint. Motion reset for 10/18/2021 before Judge Michael A. Shipp. 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. *Motion was inadvertently set for 11/18/2021.* (jdb)
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Filing 30
Letter from MCPO Defendants re #28 MOTION to Dismiss First Amended Complaint. (BARRIS, CHRISTINE)
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Filing 29
RESPONSE in Opposition filed by WILLIAM F. SEVERINO, III re #28 MOTION to Dismiss First Amended Complaint, #27 MOTION to Dismiss the First Amended Complaint (jdb)
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Filing 28
MOTION to Dismiss First Amended Complaint by DETECTIVE BECKER, BOROUGH OF SAYREVILLE, ZEBROWSKI. Responses due by 10/18/2021 (Attachments: #1 Brief Brief in support of motion, #2 Certificate of Service Certification of Mailing, #3 Text of Proposed Order Proposed Order)(MORY, MARC)
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Filing 27
MOTION to Dismiss the First Amended Complaint by OSCAR A. AYALA, ANDREW CAREY, ALLYSA GAMBARELLA, MAROGGIA, MIDDLESEX COUNTY PROSECUTOR'S OFFICE, GEORGE STILWELL. Responses due by 10/4/2021 (Attachments: #1 Brief MTD brief, #2 Certificate of Service Certificate of Service, #3 Text of Proposed Order Proposed Order, #4 Exhibit Exhibits)(BARRIS, CHRISTINE)
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Set Deadlines as to #27 MOTION to Dismiss the First Amended Complaint. Motion set for 10/18/2021 before Judge Michael A. Shipp. 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. (jdb, )
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Set Deadlines as to #28 MOTION to Dismiss First Amended Complaint. Motion set for 10/18/2021 before Judge Michael A. Shipp. 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. (jdb)
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Filing 26
TEXT ORDER: In light of the Memorandum Order (ECF No. #25 ), the Clerk is hereby directed to reopen the case. So Ordered by Judge Michael A. Shipp on 8/26/2021. (gxh)
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Filing 25
MEMORANDUM ORDER granting #23 Motion for Reconsideration. Plaintiff's #24 Amended Complaint shall serve as the operative pleading in this matter. Defendants shall answer or otherwise respond by 09/24/2021. Signed by Judge Michael A. Shipp on 08/25/2021. (jdb)
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CLERK'S QUALITY CONTROL MESSAGE - The #23 Motion and #24 Amended Complaint submitted by William Severino III on 1/14/2021 did not contain a proper signature. Pro Se parties are not permitted to sign documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER HAND SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (jmh)
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Set Deadlines as to #23 MOTION for Reconsideration. Motion set for 2/16/2021 before Judge Michael A. Shipp. 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. (jmh)
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Filing 24
AMENDED COMPLAINT against OSCAR A. AYALA, DETECTIVE BECKER, BOROUGH OF SAYREVILLE, ANDREW CAREY, ALLYSA GAMBARELLA, SGT. MAROGGIA, MIDDLESEX COUNTY PROSECUTOR'S OFFICE, GEORGE STILWELL, AND CHIEF ZEBROWSKI, filed by WILLIAM F. SEVERINO, III.(jmh)
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Filing 23
MOTION for Reconsideration filed by WILLIAM F. SEVERINO, III. (Attachments: #1 Certified Mail Receipt, #2 UPS Receipt, #3 Email Receipt)(jmh)
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Filing 22
TEXT ORDER: This matter comes before the Court upon review of its Docket. On December 10, 2020, the Court entered an order (ECF No. 21) providing that Plaintiff's Complaint (ECF No. #1 ) would be dismissed with prejudice unless Plaintiff filed an amended complaint by December 28, 2020. Plaintiff failed to file an amended complaint within the time prescribed. The Court, therefore, dismisses Plaintiff's Complaint (ECF No. #1 ) with prejudice. So Ordered by Judge Michael A. Shipp on 1/7/2021. *Sent to Plaintiff via regular mail.(gxh)
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Filing 21
TEXT ORDER: This matter comes before the Court upon review of its docket. On September 14, 2020, the Court entered an Order granting Defendants' Motions to Dismiss and granted Plaintiff an opportunity to amend the Complaint by October 14, 2020. (ECF No. #20 .) Plaintiff did not file an amended complaint within the time prescribed. In light of Plaintiff's pro se status, the Court finds good cause to allow Plaintiff to file an amended complaint by December 28, 2020. If Plaintiff fails to file an amended complaint by December 28, 2020, Plaintiff's Complaint will be dismissed with prejudice. So Ordered by Judge Michael A. Shipp on 12/10/2020. *Mailed to Plaintiff. (gxh)
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Filing 20
ORDER granting County Defendants' #10 Motion to Dismiss and Sayreville Defendants' #15 Motion to Dismiss. Plaintiff's Complaint is Dismissed without Prejudice and by 10/14/2020 Plaintiff may file an amended complaint. Signed by Judge Michael A. Shipp on 9/14/2020. (jmh)
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Filing 19
MEMORANDUM OPINION filed. Signed by Judge Michael A. Shipp on 9/14/2020. (jmh) (Main Document 19 replaced on 9/14/2020) (jmh). MEMORANDUM OPINION filed. Signed by Judge Michael A. Shipp on 9/14/2020. (jmh) (Main Document 19 replaced on 9/14/2020) (jmh).
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#19 MEMORANDUM OPINION correct document has been attached. (jmh)
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Filing 18
TEXT ORDER: This matter comes before the Court upon review of its docket. On November 8, 2019, Defendants Middlesex County Prosecutor's Office, Andrew Caray, Allysa Gambarella, Jeffrey Maroccia, Oscar Ayala, and George Stilwell (collectively, "Middlesex Defendants") filed a Motion to Dismiss and an Amended Motion to Dismiss. (ECF Nos. #9 , #10 .) The Court permitted an untimely opposition brief from pro se Plaintiff (ECF No. #11 ) and extended the reply deadline for Middlesex Defendants (ECF No. #13 ). On February 3, 2020 Defendants Borough of Sayreville, Chief Zebrowski, and Detective Becker (collectively, "Sayreville Defendants") filed a Motion to Dismiss. (ECF No. #15 .) Based on the Court's inherent authority to control its docket and in the interest of judicial economy, the Court finds good cause to consider Middlesex Defendants' Amended Motion to Dismiss (ECF No. #10 ) and Sayreville Defendants' Motion to Dismiss (ECF No. #15 ) on the same schedule because considerable issues of law and fact are common to the Motions. The Court, accordingly, deems both Motions (ECF Nos. #10 , #15 ) filed on February 3, 2020. The Court also administratively terminates Middlesex Defendants' first Motion to Dismiss (ECF No. #9 ) as it is superseded by the Amended Motion to Dismiss. So Ordered by Judge Michael A. Shipp on 5/5/2020. *A copy of this Text Order has been mailed to pro se Plaintiff. (gxh)
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Filing 17
REPLY to Response to Motion filed by DETECTIVE BECKER, BOROUGH OF SAYREVILLE, SEBROWSKI re #15 MOTION to Dismiss Plaintiff's Complaint (Attachments: #1 Certificate of Service of Reply to Plaintiff's Opposition)(MORY, MARC)
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Filing 16
Plaintiff's Response in Opposition filed by WILLIAM F. SEVERINO, III re #15 MOTION to Dismiss Plaintiff's Complaint (jmh)
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Filing 15
MOTION to Dismiss Plaintiff's Complaint by DETECTIVE BECKER, BOROUGH OF SAYREVILLE, SEBROWSKI. (Attachments: #1 Brief in support of Motion to Dismiss, #2 Certificate of Service of mailing, #3 Text of Proposed Order)(MORY, MARC)
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Set Deadlines as to #15 MOTION to Dismiss Plaintiff's Complaint. Motion set for 3/2/2020 before Judge Michael A. Shipp. 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. (jmh)
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Filing 14
RESPONSE in Opposition filed by OSCAR A. AYALA, ANDREW CAREY, ALLYSA GAMBARELLA, MAROGGIA, MIDDLESEX COUNTY PROSECUTOR'S OFFICE, GEORGE STILWELL re #10 Amended MOTION to Dismiss Complaint (Attachments: #1 Certificate of Service)(BARRIS, CHRISTINE)
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Filing 13
LETTER ORDER granting request that the #9 Motion to Dismiss be adjourned to 12/16/2019. Signed by Judge Michael A. Shipp on 12/05/2019. (jmh)
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Reset Deadlines as to #9 First MOTION to Dismiss Complaint, #10 Amended MOTION to Dismiss Complaint. Motion set for 12/16/2019 before Judge Michael A. Shipp. 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. (jmh)
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Filing 12
Letter from Christine Barris re #10 Amended MOTION to Dismiss Complaint. (BARRIS, CHRISTINE)
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Filing 11
PLAINTIFF'S RESPONSE in Opposition To Defendant's Motion to Dismiss, filed by WILLIAM F. SEVERINO, III re #10 Amended MOTION to Dismiss Complaint (jmh)
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Set Deadlines as to #9 First MOTION to Dismiss Complaint, #10 Amended MOTION to Dismiss Complaint. Motion set for 12/2/2019 before Judge Michael A. Shipp. 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. (jmh)
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Filing 10
Amended MOTION to Dismiss Complaint by OSCAR A. AYALA, ANDREW CAREY, ALLYSA GAMBARELLA, MAROGGIA, MIDDLESEX COUNTY PROSECUTOR'S OFFICE, GEORGE STILWELL. Responses due by 11/18/2019 (Attachments: #1 Certificate of Service Certificate of Service, #2 Brief Brief in support of Motion to Dismiss, #3 Text of Proposed Order Proposed Order, #4 Exhibit Exhibits to Motion to Dismiss)(BARRIS, CHRISTINE)
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Filing 9
First MOTION to Dismiss Complaint by OSCAR A. AYALA, ANDREW CAREY, ALLYSA GAMBARELLA, MAROGGIA, MIDDLESEX COUNTY PROSECUTOR'S OFFICE, GEORGE STILWELL. Responses due by 11/18/2019 (Attachments: #1 Brief, #2 Certificate of Service, #3 Text of Proposed Order, #4 Exhibit)(BARRIS, CHRISTINE)
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Filing 8
LETTER ORDER granting request for an additional 15 days to file a response. Response is due 11/11/2019. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/31/2019. (jmh)
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Filing 7
Letter from Christine Barris. (BARRIS, CHRISTINE)
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Filing 6
Letter from Christine A. Barris. (BARRIS, CHRISTINE)
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Filing 5
Substitution of Attorney - Attorney ASHLEY LAURA COSTELLO terminated. Attorney CHRISTINE A. BARRIS for OSCAR A. AYALA,CHRISTINE A. BARRIS for ANDREW CAREY,CHRISTINE A. BARRIS for ALLYSA GAMBARELLA,CHRISTINE A. BARRIS for MAROGGIA,CHRISTINE A. BARRIS for MIDDLESEX COUNTY PROSECUTOR'S OFFICE,CHRISTINE A. BARRIS for GEORGE STILWELL added.. (BARRIS, CHRISTINE)
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CLERK'S QUALITY CONTROL MESSAGE - The #6 Letter submitted by Christine Barris on 10/30/2019 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. (jmh)
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Filing 4
NOTICE of Appearance by LORI A. DVORAK on behalf of DETECTIVE BECKER, BOROUGH OF SAYREVILLE, SEBROWSKI (DVORAK, LORI)
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Filing 3
NOTICE of Appearance by MARC D. MORY on behalf of DETECTIVE BECKER, BOROUGH OF SAYREVILLE, SEBROWSKI (MORY, MARC)
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CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: When entering party information remember to change the party role to the correct designation. Plaintiff, William F. Severino, III was added as a Defendant. . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )
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CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: The address added to the docket for Plaintiff does not reflect the information provided in the original state court complaint, so it has been updated on the docket. Plaintiff will need to file a Notice of Change of Address if this address is not current. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )
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Judge Michael A. Shipp and Magistrate Judge Tonianne J. Bongiovanni added. (abr)
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Filing 2
CERTIFICATE OF SERVICE by OSCAR A. AYALA, ANDREW CAREY, ALLYSA GAMBARELLA, JEFFREY MAROCCIA, MIDDLESEX COUNTY PROSECUTOR'S OFFICE, GEORGE STILWELL (Attachments: #1 Exhibit, #2 Exhibit)(COSTELLO, ASHLEY)
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Filing 1
NOTICE OF REMOVAL by GEORGE STILWELL, ALLYSA GAMBARELLA, ANDREW CAREY, JEFFREY MAROCCIA, MIDDLESEX COUNTY PROSECUTOR'S OFFICE, OSCAR A. AYALA from Middlesex County Superior Court, case number MID-L-5780-19. ( Filing and Admin fee $ 400 receipt number 0312-10048731), filed by GEORGE STILWELL, ALLYSA GAMBARELLA, ANDREW CAREY, JEFFREY MAROCCIA, MIDDLESEX COUNTY PROSECUTOR'S OFFICE, OSCAR A. AYALA. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(COSTELLO, ASHLEY)
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