Alintoff et al v. State Of New Jersey et al
| RACHEL ALINTOFF |
| STATE OF NEW JERSEY, ADMINISTRATIVE OFFICE OF THE COURTS, CARMEN DIAZ-PETTI, CHRISTINE NORBUT BEYER, DEPARTMENT OF CHILDREN AND FAMILIES, Division of Child Protection and Permanency(DCPP), MONMOUTH COUNTY PROSECUTOR'S OFFICE, Tara McClelland, GLENN GRANT, David Tang, Angela White Dalton, LISA P. THORTON, JUDGE KATHLEEN SHEEDY, MADELINE F. EINBINDER, Lori Linskey, Thomas Ficher, ERIC SINGER, WILLIAM C. MILLER, Bryan Steven Alintoff and J.A.D. |
| 3:2023cv02671 |
| May 17, 2023 |
| US District Court for the District of New Jersey |
| Tonianne J Bongiovanni |
| Robert Kirsch |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 24 NOTICE of Pro se Consent & Registration to Receive Documents Electronically by Bryan Steven Alintoff. (Filed via ECF HelpDesk) (mg) |
Filing 23
ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 7/25/2023 at 2:00 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 6/02/2023. (jem)
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| Filing 22 Substitution of Attorney - Attorney PETER A. GAUDIOSO terminated. Attorney PHOENIX NICOLE MEYERS for ADMINISTRATIVE OFFICE OF THE COURTS,PHOENIX NICOLE MEYERS for Bryan Steven Alintoff,PHOENIX NICOLE MEYERS for CHRISTINE NORBUT BEYER,PHOENIX NICOLE MEYERS for DEPARTMENT OF CHILDREN AND FAMILIES,PHOENIX NICOLE MEYERS for CARMEN DIAZ-PETTI,PHOENIX NICOLE MEYERS for Angela White Dalton,PHOENIX NICOLE MEYERS for Division of Child Protection and Permanency(DCPP),PHOENIX NICOLE MEYERS for MADELINE F. EINBINDER,PHOENIX NICOLE MEYERS for Thomas Ficher,PHOENIX NICOLE MEYERS for GLENN GRANT,PHOENIX NICOLE MEYERS for J.A.D.,PHOENIX NICOLE MEYERS for Lori Linskey,PHOENIX NICOLE MEYERS for WILLIAM C. MILLER,PHOENIX NICOLE MEYERS for MONMOUTH COUNTY PROSECUTOR'S OFFICE,PHOENIX NICOLE MEYERS for Tara McClelland,PHOENIX NICOLE MEYERS for KATHLEEN SHEEDY,PHOENIX NICOLE MEYERS for ERIC SINGER,PHOENIX NICOLE MEYERS for STATE OF NEW JERSEY,PHOENIX NICOLE MEYERS for LISA P. THORTON,PHOENIX NICOLE MEYERS for David Tang added.. (GAUDIOSO, PETER) |
| Filing 21 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:22-cv-04498. Original file certified copy of transfer order and docket sheet received. |
| Judge Robert Kirsch and Magistrate Judge Tonianne J. Bongiovanni added. (mlh) |
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ORDER TRANSFERRING CASE: Defendants move to dismiss for improper venue or, alternately, to transfer this action to the District of New Jersey. See 12/21/2022 Letter 2 (Dkt. #16); Mot. to Dismiss 16 (Dkt. #19). I agree that venue is improper in the Eastern District of New York and, in the interest of justice, transfer this action to the District of New Jersey. See 28 U.S.C. 1406(a).The general venue statute provides, as relevant here, that venue is proper in a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred. 28 U.S.C. 1391(b)(2). Assessing venue under Section 1391(b)(2) entails a two-part inquiry: First, a court should identify the nature of the claims and the acts or omissions that the plaintiff alleges give rise to those claims. Second, the court should determine whether a substantial part of those acts or omissions occurred in the district where the suit was filed. Daniel v. Am. Bd. of Emergency Med., 428 F.3d 408, 432 (2d Cir. 2005) (internal citation omitted). The Second Circuit has caution[ed] district courts to take seriously the adjective substantial. Gulf Ins. Co. v. Glasbrenner, 417 F.3d 353, 357 (2d Cir. 2005). That means for venue to be proper, significant events or omissions material to the plaintiffs claim must have occurred in the district in question. Ibid. (emphasis in original).This action relates to various family-court proceedings in New Jersey, and virtually all of the events and omissions giving rise to plaintiffs claims occurred in New Jersey. For example, plaintiffs allege: The Defendants by way of the Family Court in the State of New Jersey have retaliated against Plaintiff for her exercise of rights of free speech and advocacy, Compl. 52 (Dkt. #1); The Defendants by way of the Family Court in the State of New Jersey have denied Plaintiff her rights of custody and parenting, id. at 57; The Monmouth County Prosecutors Office. . . failed or refused to properly investigate and prosecute this unlawful interference with custody, id. at 63; the Family Courts in the State of New Jersey have failed or refused to enforce orders, id. at 83; various New Jersey judges have made comments in court. . . demonstrating. . . their retaliatory conduct towards Plaintiff, id. at 108; and defendants have entered into an express or implied agreement to use improper and unlawful means to abuse process of law and deny litigants their fundamental rights. . . to injure persons appearing before the courts of the State of New Jersey, id. at 197. Because the complaint includes no corresponding allegations as to New York, plaintiffs have not shown that a substantial part of the events or omissions giving rise to the claim occurred in the Eastern District of New York. 28 U.S.C. 1391(b)(2).Plaintiffs counterargument is not persuasive. Plaintiffs contend that venue is proper in the Eastern District of New York because the Plaintiff resides in this District, and the majority of the events giving rise to this claim occurred while Plaintiff resides in the District. Compl. 27. But the focus under Section 1391(a)(2) is on the activities of the defendant, not the plaintiff. I.M.D. USA, Inc. v. Shalit, 92 F. Supp. 2d 315, 318 (S.D.N.Y. 2000); see Daniel, 428 F.3d at 432. Accordingly, venue in a given district is not necessarily proper simply because the defendants acts had some effects there. Fox v. Paterson, No. 10-CV-6240, 2010 WL 11545717, at *4 (W.D.N.Y. May 13, 2010); Simplex-Turmar, Inc. v. Roland Marine, Inc., No. 96-CV-0723E, 1997 WL 736541, at *3 (W.D.N.Y. Nov. 14, 1997) ([T]he assertion that the effects of the defendants alleged trademark infringement and unfair practices were felt in this district is conclusory and provides little, if any, support for the argument that venue in this district is proper.).In lieu of dismissal, this action is transferred to the District of New Jersey. See 28 U.S.C. 1406(a) (The district court of a district in which is filed a case laying venue in the wrong. . . district shall dismiss, or if it be in the interest of justice, transfer such case to any district. . . in which it could have been brought.). Transfer serves the interests of justice because the record contains no indication whatsoever that [plaintiffs] acted in bad faith by asserting their claims in this Court, a transfer would expedite their review, thereby furthering the interest of justice, and it is unclear whether dismissal would result in any of plaintiffs claims being time-barred. Ruiz v. Mukasey, 552 F.3d 269, 276 (2d Cir. 2009). The Clerk of Court is respectfully directed to electronically transfer this action to the District of New Jersey. Ordered by Judge Rachel P. Kovner on 2/23/2023. (Miyamoto, Matthew)
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| Filing 20 MEMORANDUM in Opposition re #19 MOTION to Dismiss Plaintiff's Complaint because venue in the EDNY is improper, Pre Motion Conference,,,,, filed by All Plaintiffs. (Rosellini, Kenneth) |
| Filing 19 MOTION to Dismiss Plaintiff's Complaint because venue in the EDNY is improper by Administrative Office of the Courts, State Of New Jersey. (Gaudioso, Peter) |
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MINUTE ENTRY AND ORDER: A telephonic pre-motion conference was held before Judge Rachel P. Kovner on 2/8/2023. Kenneth Rosellini appeared on behalf of plaintiffs. Peter A. Gaudioso appeared on behalf of the moving defendants. Bryan Alintoff and William Miller appeared on behalf of themselves. The Court and the parties discussed the proposed motion to dismiss. The Court notified the parties that it will construe the moving defendants' pre-motion letter as constituting those defendants' motion to either dismiss based on improper venue or to transfer the case to the District of New Jersey, and that it will construe plaintiffs' response letter as their opposition to that motion. See Judge Kovner Individual Rule IV.A.5. By 2/22/2023, any party may file a supplemental letter supporting or opposing the motion. The parties may wish to address 28 U.S.C. 1404(a) and the factors set out in D.H. Blair & Co., Inc. v. Gottdiener, 462 F.3d 95, 106-07 (2d Cir. 2006), in any supplemental letter. If this case is not transferred to the District of New Jersey, the Court will hold a further pre-motion conference to address the moving defendants' motion to dismiss on other grounds, or will set a briefing schedule on that motion. Ordered by Judge Rachel P. Kovner on 2/8/2023. (Court Reporter: Audio Recording) (Miyamoto, Matthew)
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| Filing 18 ANSWER to Complaint by Administrative Office of the Courts, Christine Norbut Beyer, Angela White Dalton, Department of Children and Families, Carmen Diaz-Petti, Division of Child Protection and Permanency(DCPP), Madeline F. Einbinder, Glenn Grant, Tara McClelland, Kathleen Sheedy, State Of New Jersey, David Tang, Lisa P. Thorton. (Gaudioso, Peter) |
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ORDER: A pre-motion conference is scheduled for 2/8/2023 at 10:00 AM. The parties are directed to call (888) 278-0296 and type in the access code 2012636 to join the conference. Ordered by Judge Rachel P. Kovner on 1/4/2023. (TC)
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| Filing 17 Letter re a Pre-motion Conference in accordance with Individual Rule IV.A. by H. A., Rachel Alintoff (Rosellini, Kenneth) |
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ORDER: Per Individual Rule IV.A, plaintiff is directed to file a response to defendants' request for a pre-motion conference #16 by 1/3/2023. Ordered by Judge Rachel P. Kovner on 12/22/2022. (Miyamoto, Matthew)
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| Filing 16 Letter by State Of New Jersey (Gaudioso, Peter) |
| Filing 15 MOTION to Appear by Telephone/Video by Bryan Steven Alintoff, William C. Miller. (IH) |
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ORDER finding as moot #15 Motion to Appear by Telephone/Video. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/20/2022. (MV)
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AMENDED ORDER SCHEDULING ORDER: The 1/24/2023 Initial Conference and 1/20/2023 deadline to file a Case Management Statement are adjourned sine die. This conference will be rescheduled after the answer is filed. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/20/2022. (MV)
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AMENDED SCHEDULING ORDER: The 12/22/2022 Initial Conference is rescheduled for 1/24/2023 at 11:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr. The parties' deadline to submit a Case Management Statement is extended to 1/20/2023. (See DKT. No. #10 template). Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/20/2022. (MV)
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ELECTRONIC ORDER granting #13 MOTION for Defendants Extension of Time to File Answer or otherwise plead to January 20, 2023. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/20/2022. (MV)
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| Filing 14 NOTICE of Appearance by Alexander Augustus LaSala on behalf of Administrative Office of the Courts, Christine Norbut Beyer, Angela White Dalton, Department of Children and Families, Carmen Diaz-Petti, Division of Child Protection and Permanency(DCPP), Madeline F. Einbinder, Glenn Grant, Tara McClelland, Kathleen Sheedy, State Of New Jersey, David Tang, Lisa P. Thorton (aty to be noticed) (LaSala, Alexander) |
| Filing 13 MOTION for Extension of Time to File Answer by Administrative Office of the Courts, Christine Norbut Beyer, Angela White Dalton, Department of Children and Families, Carmen Diaz-Petti, Division of Child Protection and Permanency(DCPP), Madeline F. Einbinder, Glenn Grant, Tara McClelland, Kathleen Sheedy, State Of New Jersey, David Tang, Lisa P. Thorton. (Gaudioso, Peter) |
| Filing 12 STIPULATION Extending Time to Answer by Administrative Office of the Courts, Christine Norbut Beyer, Angela White Dalton, Department of Children and Families, Carmen Diaz-Petti, Division of Child Protection and Permanency(DCPP), Madeline F. Einbinder, Glenn Grant, Tara McClelland, Kathleen Sheedy, State Of New Jersey, David Tang, Lisa P. Thorton (Gaudioso, Peter) |
| Filing 11 NOTICE of Appearance by Peter A. Gaudioso on behalf of Administrative Office of the Courts, Christine Norbut Beyer, Angela White Dalton, Department of Children and Families, Carmen Diaz-Petti, Division of Child Protection and Permanency(DCPP), Madeline F. Einbinder, Glenn Grant, Tara McClelland, Kathleen Sheedy, State Of New Jersey, David Tang, Lisa P. Thorton (aty to be noticed) (Gaudioso, Peter) |
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Filing 10
SCHEDULING ORDER: Initial Conference set for 12/22/2022 at 11:30 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 12/19/2022. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/22/2022. (MV)
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| Filing 9 ANSWER to #1 Complaint, by William A. Miller. (IH) |
| Filing 8 ANSWER to #1 Complaint, by Bryan Steven Alintoff. (IH) |
| Filing 7 Pro Se Consent to Electronic Notification by Bryan Steven Alintoff (Herrera, Isaiah) |
| Filing 6 Summons Issued as to Administrative Office of the Courts, Bryan Steven Alintoff, Christine Norbut Beyer, Angela White Dalton, Department of Children and Families, Carmen Diaz-Petti, Division of Child Protection and Permanency(DCPP), Madeline F. Einbinder, Thomas Ficher, Glenn Grant, Lori Linskey, Tara McClelland, William C. Miller, Monmouth County Prosecutor's Office, Kathleen Sheedy, Eric Singer, State Of New Jersey, David Tang, Lisa P. Thorton. (Herrera, Isaiah) |
| Filing 5 Proposed Summons. by H. A., Rachel Alintoff (Rosellini, Kenneth) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Your proposed summons was not issued for one of the following reasons:1) No name and address on the To Section. 2) If multiple defendants, there must me a rider attached to the One (1) Proposed summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Filing 2 Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet, by H. A., Rachel Alintoff (Rosellini, Kenneth) |
| Filing 1 COMPLAINT against All Plaintiffs filing fee $ 402, receipt number ANYEDC-15799240 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by H. A., RACHEL ALINTOFF. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Rosellini, Kenneth) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Civil Cover Sheet. Please resubmit A COMPLETED SECOND PAGEOf The Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
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