SABATINO v. UNION TOWNSHIP et al, No. 2:2011cv01656 - Document 30 (D.N.J. 2012)

Court Description: AMENDED OPINION. Signed by Judge Jose L. Linares on 1/31/12. (DD, )

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ARTHUR SABATINO, Civil Action No.: I 1-1656 (JLL) Plaintiff, AMENDED OPINION V. UNION TOWNSHIP et al., Defendants. LINARES, District Judge. This Opinion is amended to correct an inadvertent administrative error. The prior Opinion, issued on January 17, 2012 (CM/ECF No. 29), contained two consecutive pages with the same numbering and substantially the same content. Thus, the intended Opinion follows. This matter comes before the Court by way of a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) by Defendant Union County Prosecutor s Office ( Defendant ). As the motion is unopposed, the Court has considered the submissions made by Defendant Union County Prosecutor s Office and decides the matter without oral argument. Fed. R. Civ. P. 78. For the reasons set forth below, Defendant s motion is GRANTED. 1 The Court notes that Defendant submitted a letter brief in support of the motion for judgm ent on the pleadings which violates Local Rule 7.1. However, there being no objection by Plaintiff, the Court will nonetheless consider Defendant s submission in this instance but directs that all future submissions comply with the local rules or risk denial of the relief sought. See Holster v. McMaster-Carr Supply Co., Civ No, 04-1791, 2006 WL 2864643, at *12 n.9 (D.N.J. Oct. 4,2006) ( Plaintiff s counse l is forewarned that future submissions must comply with both the Federal and Local Rules of Civil Proced ure, or said submissions will be precluded from consideration. ) 1 I. BACKGROUND As the Court writes oniy for the parties, a familiarity with the underlying factual and procedural background of this case will be assumed and will not be repeated here except where necessary to provide proper context for the discussion below. This action arises out of an alleged violation of Plaintiff Arthur Sabatino s ( Plaintiff ) civil rights on April 26, 2009, when Plaintiff was arrested in response to a 91 1 call made by his daughter. Allegedly, Plaintiff Sabatino s daughter, Jennifer, placed the call to 911 and told the operator that her father was mentally and physically ill and also dangerous. (Compi. ¶ 8). During the call Jennifer also stated that Plaintiff probably had a loaded gun but also emphasized that he was very sick and that he was in and out of consciousness. (Id.) Members of the Union Township Police Department responded to the 911 call and directed Plaintiff to come outside over loud speaker, but Plaintiff was allegedly too ill to hear or respond to their commands. (Compl. ¶ 9). Officers then entered Plaintiffs residence and used a series of flash-bang grenades, which resulted in the death of Plaintiffs pet, and forcibly detained Plaintiff. (Id.) Plaintiff alleges that the officers failed to take into account his shoulder disability, despite the fact that he informed the officers thereof. (Id.) Plaintiff alleges that he was discriminated against on the basis of a disability and deprived of his right of due process by members of the Union Township Police Department and the Union County Sheriffs Office. Notably, Plaintiff does not allege any specific facts regarding the Union County Prosecutors Office, and Plaintiff affirmatively states that he has not been charged with a crime in connection with his arrest. (Cornpl. ¶ 14). 2 II. LEGAL STANDARD Rule 12(c) provides that [a]fter the pleadings are closed-but early enough not to delay trial a party may move for judgment on the pleadings. Where, as here, the movant alleges that the complaint fails to state a claim upon which relief can be granted, the court applies the same standards as under Rule 1 2(b)(6). Turbe v. Government of Virgin Islands, 938 F.2d 427, 428 (3d Cir. 1991). In order to survive a motion to dismiss under Federal Rule of Civil Procedure 1 2(b)(6). a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. Ashcroft v. Igbal, 556 U.S. 662, 129 S.Ct. 1937, 1949 (2009) (citing Bell Ati. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955 (2007)). In determining whether a complaint is sufficient, a court must accept all wellpleaded factual allegations as true and draw all reasonable inferences in favor of the non- moving party. Phillips v. County of Allegheny, 515 F.3d 224, 234 (3d Cir. 2008). However, a court need not credit [t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, Igbal, 129 S.Ct. at 1949. Iii. DISCUSSION First, an analysis of the facts set forth in Plaintiff Complaint clearly indicates that Plaintiffs claim is devoid of any factual assertions regarding the Union County Prosecutor s Office or any individual Union County Prosecutor. Thus, Plaintiff fails to state a claim upon which there is a plausible right to relief. 3 Further, Plaintiff brings his claims under Section 1983 of Title 42 of the United States Code, which authorizes plaintiffs to seek redress for the violation of rights granted 2 by the Constitution or laws of the United States committed or caused by a person acting under color of state law. However, the Union County Prosecutor s Office is not a 3 person within the meaning of Section 1983. Palmerini v. Burgos, Civ No. 10-210, 2011 WL 3625104 at * 8 (D.N.J. August 15, 2011) ( [C]ourts within the Third Circuit have consistently and uniformly held that the Eleventh Amendment precludes federal suits against New Jersey county prosecutors, as well as their offices and staff, arising out of their law enforcement functions on the basis that the real party in interest in these suits is the State of new Jersey ); Nugent v. County of Hunterdon, No. 09-2710, 2010 WL 1949359 (D.N.J. May 14, 2010); Watkins v. Attorney General of New Jersey, Civ No. 06-1391, 2006 WL 2864631 at * 3 (D.N.J. October 4, 2006) ( [A county prosecutor s office] is not subject to suit under § 1983 because the Prosecutor s Office is not a government entity which can be sued under § 1983 separate from the individual who is the county prosecutor or the governmental entity that the county prosecutor serves ). In addition, Eleventh Amendment immunity applies to state entities and officials where the state is the real, substantial party in interest. Regents of the Univ. of Cal. v. Doe, 519 U.S. 425, 429, 117 S.Ct.900 (1997) (internal quotations omitted). County 2 Plaintiff additionally brings suit pursuant to the following: 42 U.S.C. 1985, which pertains to § conspiracies to interfere with civil rights; the New Jersey Constitutioi and/or the New Jersey civil Rights Act, N.J.S.A. Section 10:6-1 etçq ; the Americans with Disabilities Act, 42 U.S.C. §l2131-165 and Section 504 of the Rehabilitation Act of 1973. (Compl., I). Although Plaintiff does not specify to which defendants he is referring, as discussed above, Plaintiff does not allege any facts sufficient to state a plausible right to relief against the Union county Prosecutor s Office on any of the above grounds. Section 1983 provides in relevant part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory. subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. 42 U.S.C. 1983. § . 4 . prosecutorial offices conduct two different sets of functions: (1) the administrativ e functions of operating their offices, and (2) the classic law enforcement and investigative functions for which they are chiefly responsible. Beightler v. Office of Essex County Prosecutor, 342 Fed.App x. 829, 832 (3d. Cir. 2009) (quoting Coleman v. Kaye, 87 F.3d 1491 (3d Cir. 1996)). A county prosecutor in effect acts on behalf of the county that is the situs of his or her office in connection with administrative tasks unrelated to prosecutorial functions. Coleman, 87 F.3d at 1499. However, [w]hen New Jersey county prosecutors engage in classic law enforcement and investigative functions, they act as ofticers of the state. Beightier, 342 Fed.App x at 832. Thus, Eleventh Amendment immunity applies and bars a damage action under section 1983. Will v. Michigan Dept. of State Police, 491 U.S. 58, 71(1989); Coleman, 87 F.3d at 1499, 1505. Finally, while the Third Circuit has adopted a liberal approach to the amendment of pleadings, leave to amend a complaint should not be permitted where it would be futile. Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002). Futility means that the complaint, as amended, would fail to state a claim upon which relief could be granted. Shane v. Fauver, 213 F.3d 113, 115 (3d Cir. 2000) (citing In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1434 (3d Cir. 1997)) (internal quotations omitted). Here, as discussed above, Plaintiffs claims do not relate to any administrative tasks unrelated to prosecutorial functions. In fact, the only action or inaction that relates to the Union County Prosecutor s Office is that Plaintiff has not been charged in connection with his arrest on April 26, 2009. Thus, amendment would be futile and Plaintiffs claims as to Defendant Union County Prosecutor s Office will be dismissed with prejudice. 5 IV. CONCLUSION For the reasons stated above, the Court GRANTS Defendant s motion for judgment on the pleadings and dismisses claims against Defendant Union County Prosecutor s Office with prejudice. An appropriate Order accompanies this Opinion. DATED: L. 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Do not allow this to be seen by unauthorized persons. Activity has occurred in the following cases: 2:99-cr-00072-JLL USA v. DAYS Petition and Order for Warrant VOSR 39 Docket Text: PETITION AND ORDER FOR ISSUANCE OF ARREST WARRANT for VIOLATION OF SUPERVISED RELEASE as to JOSEPH DAYS. Warrant issued, (jn).. Signed by Judge Jose L. Linares on 1/30/12. (jn,) 2:99-cr-00072-JLL USA v. DAYS Warrant Issued 40 Docket Text: *Sealed Entry* ARREST Warrant Issued in case as to JOSEPH DAYS. (jn,) 2:07-cv-02074-JLL -MAH STEBCO iNC. v. ADVANCED ENGINEERiNG CO. et al Set/Reset Hearings Docket Text: Reset Hearing: The Telephone Status Conference set for 2/10/2012 has been adjourned to 2/21/2012 at 2:30 p.m. with Magistrate Judge Michael A. Hammer. Please mark your calendars accordingly. (jqb) file://C:\Documents and Settings\lrodriguez\Local Settings\Temp\notes9954CD\web2070.... 2/1/2012 Page2oflo 2:07-cv-05325-JLL-ES SAMPANG et at v. AT&T MOBILITY LLC et al Show Cause Hearing 4 Docket Text: Minute Entry for proceedings held before Judge Jose L. Linares: Show Cause Hearing held on 1/30/20 12. (Court Reporter/Recorder PHYLLIS T. LEWIS.) (ir,) 2:08-cv-01798-JLL -MAH BRUMLEY v. CAMIN CARGO CONTROL, INC. Opinion Docket Text: OPINION. Signed by Judge Jose L. Linares on 1/30/20 12. (nr,) 2:08-cv-01798-JLL -MAll BRUMLEY v. CAMIN CARGO CONTROL, INC. Order on Motion to Seal Document 226 Docket Text: ORDER denying [223] Motion to Seal Document settlement agreement. Signed by Judge Jose L. Linares on 1/30/2012. (nr,) 2:08-cv-01946-JLL -MAll LAVERDE et at v. SIRUS AMERICAN INSURANCE COMPANY et al Bench Trial Completed - Docket Text: Minute Entry for proceedings held before Judge Jose L. Linares: Bench Trial completed on 1/31/2012. (Court Reporter/Recorder PHYLLIS T. LEWIS.) (ir,) 2:08-cv-03220-JLL -MAll LATEEF v. VISION et at Letter 123 Docket Text: Letter from Adam M. Slater regarding trial date. (SLATER, ADAM) 2:08-cv-06285-JLL-MAH GOOW v. TORRES et at Set/Reset Motion and R&R Deadlines/Hearings Docket Text: Set Deadlines as to [88] MOTION to Vacate [50] Order and to Enter New Protective Order, [90] MOTION to Seal Materials Filed In Docket Number 88 Under Seal Pursuant to Local Rule 5.3. Motion set for 3/5/2012 before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. (jd,) 2 08-cv-06285-JLL-MAH GOOW v TORRES et at Motions Referred file://C:\Documents and Settings\lrodriguez\Local Settings\Temp\notes9954CD\web2070.... 2/1/2012 Page 3 oflO Docket Text: MOTIONS [90] MOTION to Seal Materials Filed In Docket Number 88 Under Seal Pursua nt to Local Rule 5.3 REFERRED to Michael A. Hammer. (Ir,) 2:09-cv-01068-JLL-MAH CARTWRIGHT v. NEW JERSEY TRANSIT RAIL OPER ATIONS, INC. Status Conference Docket Text: Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Teleph one Status Conference held on 1/31/2012. (Placed on the record/ECR) (jqb) 2:09-cv-04751-JLL-MAH TOYS R US, INC. LLC Letter 103 V. SCHIMENTI CONSTRUCTION COMPANY, Docket Text: Letter from Peter Strniste on behalf of Defendant, Schimenti Construction Compa ny, LLC. (LEONG, ELIZABETH) 2:09-cv-04751-JLL-MAH TOYS R US, INC. v. SCHIMENTI CONSTRUC TION COMPANY, LLC Answer to Third Party Complaint 4 Docket Text: ANSWER to Third Party Complaint Second Amended, CROSSCLAIM against All Defendants by HACKENSACK STEEL CORP.. (Attachments: # (1) Certificate of Service)(SM ITH, WENDY) 2:09-cv-04751-JLL-MAH TOYS R US, INC. v. SCHIMENTI CONSTRUC TION COMPANY, LLC Letter 105 Docket Text: Letter from Thomas M. Madden, Esq., (MADDEN, THOMAS) 2:09-cv-06355-JLL -MAH WILLIAMS v. DZOBA et al Motions Referred Docket Text: MOTIONS [54] MOTION to Amend/Correct REFERRED to Michael A. Hamm er. (ir,) 2:09-cv-06500-JLL -MAll SALAZAR v. GUSTAVON et al Order Dismissing Case 44 Docket Text: ORDER DISMISSING CASE as settled w/out costs & w/out prejudice. Signed by Judge Jose L. Linares file://C:\Documents and Settings\lrodriguez\Local Settings\Temp\notes9 954CD\-web2070.... 2/1/2012 Page4oflo on 1/30/12. (sr,) 2:iO-cv-03100-JLL-MAH WYNDHAM HOTELS AND RESORTS, LLC ESTATE DEVELOPMENT CORPORATION et al Add and Terminate Attorneys Docket Text: Attorney MICHAEL S. MEISEL terminated., V. INTERSITE REAL Party MICHAEL S. MEISEL terminated. (jjq,) 2:iO-cv-03100-JLL-MAH WYNDHAM HOTELS AND RESORTS. LLC ESTATE DEVELOPMENT CORPORATION et al Mediation Successful V. INTERSITE REAL V. INTERSITE REAL Docket Text: Mediation Successful (jjq,) 2:1O-cV-03100-JLL-MAH WYNDHAM HOTELS AND RESORTS, LLC ESTATE DEVELOPMENT CORPORATION et al Staff Notes (court-only) Docket Text: ***per fax, Mediation was successful.*** (jjq,) 2:lO-cv-03254-JLL -MAll KNEIPP et al v. CITY OF NEWARK, NEW JERSE Y Settlement Conference Docket Text: Minute Entry for proceedings held before Magistrate Judge Michael A. Hamm er: Settlement Conference held on 1/31/2012. (jqb) 2 1O-cv-03395-JLL -MAll DE BlASE Letter 34 V MELKER et al Docket Text: Letter from Nicholas R. De Biase to Judge Hammer requesting a copy of the transcript of 12/30/il, etc. (jd,) 2:1O-cv-06060-JLL -MAll WORTENDYKE v. THE PRUDENTIAL INSUR ANCE COMPANY OF AMERICA Letter Rule 7.1 33 Docket Text: Rule 7.l(d)(5) Letter for an automatic extension of the return date of a dispositive motion re [32] MOTION for Summary Judgment. (WETTZ, SARIT) 2:IO-cv-06060-JLL -MAll WORTENDYKE v. THE PRUDENTIAL INSURANCE COMPANY file://C :\Documents and Settings\lrodriguez\Local Settings\Temp\notes9 954CD\web2070.... 2/1/2012 Page 5 of 10 OF AMERICA Lefter Rule 7.1 34 Docket Text: Rule 7. 1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re [26] MOTION for Summary Judgment Notice ofMotion. (PETERS, NADA) 2:10-cv-06262-JLL-MAH RAIMEY v. WERNER ENTERPRISESg INC. et at Order 20 Docket Text: TEXT ORDER: The Telephone Status Conference set for 2/1/20 12 with Magistrate Judge Micha el A. Hammer has been adjourned without a new date. So Ordered by Magistrate Judge Michael A. Hamm er on 1/31/2012. (jqb) 2:10-cv-06394-JLL -CCC NEW JERSEY REGIONAL COUNCIL OF CARPENTERS et al v. HAUTZ CONSTRUCTION Application/Petition fl Docket Text: APPLICATION and Order for special appointment to serve process for writ of execution by NEW JERSEY CARPENTERS FUNDS AND THE TRUSTEES THEREOF, NEW JERSEY REGIO NAL COUNCIL OF CARPENTERS. (ma) 2:i0-cv-06394-JLL -CCC NEW JERSEY REGIONAL COUNCIL OF CARPENTERS et al v. HAUTZ CONSTRUCTION Writ of Execution Issued Docket Text: Writ of Execution Issued recorded in Book N 12 Page 17 of Executions (Mailed to Couns el). (ma) 2:11-cv-00062-JLL -MAH GURDAK v. UNITED STATES OF AMERICA Letter 21 Docket Text: Letter from Defendant United States of America re Plaintiffs Motion for Substitution. (URGENT, ALLAN) 2:Il-cv-00856-JLL -MAH RAMADA WORLDWIDE INC. v. GOOD IMAGE HOSP ITALITY INC. et al Status Conference Docket Text: Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Teleph one Status Conference held on 1/31/2012. (jqb) file://C:\Documents and Settings\lrodriguez\Local Settings\Temp\notes9954CD \-web2070. ... 2/1/20 12 Page6oflo 2:1i-cv-01972-JLL -MAll PLUMBERS LOCAL NO.24 PENSION FUND et at v. R.D. MECHANICAL CORP. Set/Reset Hearings Docket Text: Reset Hearing: The Initial Scheduling Conference set for 2/23/20 12 has been changed to 1:00 p.m. in Newark Courtroom 3C before Magistrate Judge Michael A. Hammer. Please mark your calend ars accordingly. (jqb) - 2:i1-cv-03439-JLL -MAll SALANDSTACY CORP. et at v. FREENEY et a! Stipulation and Order Docket Text: STIPULATION AND ORDER extending deft s time to file a reply to pltfs. opposition 2/13/2 to 012; adjourning motion to dismiss to 2/21/2012. Signed by Judge Jose L. Linares on 1/30/2012. (nr,) 2:11-cv-03513-JLL STRACHN v. OFFICE DIRECTOR, HUDSON COUNTY JAIL et at Order Dismissing Case jQ Docket Text: ORDER dismissing the petition for habeas corpus as moot. Signed by Judge Jose L. Linare s on 1/30/1 2. (dc,) 2:11-cv-03683-JLL -MAH SAEED et at v. LORD & TAYLOR et at Letter 8 Docket Text: Letter from Richard J. Sexton. (SEXTON, RICHARD) 2:11-cv-03800-JLL -MAll TRICOCI et at v. FASHION LOGISTICS, INC. Status Conference Docket Text: Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Telephone Status Conference held on 1/30/2012. (jqb) 2:11-cv-04377-JLL-MAH DEMETRO et at v. POLICE DEPARTMENT, CITY OF CHERRY HILL et at Letter 19 Docket Text: Letter from Michael A. D Anton. (D ANTON, MICHAEL) file://C:\Documents and Settings\lrodriguez\Local Settings\Temp\notes9954CD \web2070.... 2/1/2012 Page7oflo 2:1l-cv-04636-JLL-MAH SLEP-TONE ENTERTAINMENT CORPORATION v. BUCKMUELLER et al Answer to Complaint 5 Docket Text: ANSWER to Complaint, CROSSCLAIM against All Defendants by BUTCH WATT.(WID TH, BLAKE) 2:i1-cv-04763-JLL -MAll KVK-TECH INC. v. SUNRISE PHARMACEUTICA L INC. Set/Reset Hearings Docket Text: Reset Hearing: The Initial Scheduling Conference set for 2/10/2012 has been adjourned to 2/23/2012 at 2:00 p.m. in Newark Courtroom 3C before Magistrate Judge Michael A. Hammer. Please mark your calendars accordingly. (jqb) - 2:11-cr-00621-JLL USA v. WEBB WASHINGTON Order to Continue Ends of Justice 6 - Docket Text: ORDER TO CONTINUE Ends of Justice as to LAVERN WEBB WASHINGTO N Time excluded from 2/23/12 until 4/23/12., (Defense Pre-Trial motions due by 3/19/2012, Replie s due by 4/10/2012., Motion set for 4/16/20 12 02:00 PM before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. Trial 4/23/12.). Signed by Judge Jose L. Linares on 1/31/12. (jn,) - 2:11-cv-06100-JLL -MAll VENEZIA v. ALPHA PLASTICS INC. et al Transcript 4 Docket Text: Transcript of Proceedings held on 12/28/11, before Judge Hammer. Court Report er/Transcriber Sara L. Kern/King Transcripts, Telephone number 973 237 6080. Tape Number: Teleconferen ce. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redact ion Request due 2/21/2012. Redacted Transcript Deadline set for 3/1/2012. Release of Transcript Restric tion set for 4/30/20 12. (tjg,) 2:ii-cv-06097-JLL-MAH YU et al v. LEXUS OF ENGLEWOOD et al Corporate Disclosure Statement j Docket Text: Corporate Disclosure Statement by LEXUS U.S.A., TOYOTA MOTOR SALES U.S.A., INC. identifying Toyota Motor North America, Inc. as Corporate Parent.. (WHIT E, ROBERT) 2:1l-cv-06097-JLL-MAH YU et al v. LEXUS OF ENGLEWOOD et al Corporate Disclosure Statement 12 file://C:\Documents and Settings\lrodriguez\Local Settings\Temp\notes9 954CD\web2070.... 2/1/2012 Page 8 of 10 Docket Text: Corporate Disclosure Statement by LEXUS OF ENGLEWOOD. (WHITE, ROBERT) 2:ll-cv-06515-JLL-MAH SHERILU MANAGEMENT CORPORATION v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Set/Reset Hearings Docket Text: Reset Hearing: The Initial Scheduling Conference set for 2/10/20 12 has been adjourned to 3/6/20 12 at 2:00 p.m. in Newark Courtroom 3C before Magistrate Judge Michael A. Hammer. Parties shall electronically file a joint discovery plan by 3:00 p.m. on 2/29/2012. Please mark your calendars accordingly. (jqb) - 2 1 1-c-O6572-JLL-MAH CHARLTON et al v WELLS FARGO BANK, N A et al Answer to Complaint Docket Text: Defendants ANSWER to Complaint, Affirmative Defenses, CROSSCLAIM against ANNA CHARLTON, GARY FRANCIONE by AMERICAN HOME MORTGAGE SERVICING, INC.. (Attachments: # (1) Certificate of Service)(RAKOWSKI, KEVIN) 2:11-cv-06574-JLL-MAH SPANN v. NEW JERSEY TRANSIT Motion for Extension of Time to File Answer 5 Docket Text: MOTION for Extension of Time to File Answer re [1] Complaint, [4] Summons Returned Executed by NEW JERSEY TRANSIT. (Attachments: # (I) Certification Service, # (2) Certification No Brief, # (3) Affidavit, # (4) Text of Proposed Order)(YI, DAVID) 2:1 1-cv-06574-JLL-MAH SPANN v. NEW JERSEY TRANSIT Notice (Other) 6 Docket Text: NOTICE by JOSEPH SPAN re [5] MOTION for Extension of Time to File Answer re [1] Complaint, [4] Summons Returned Executed Consent to Extension and Requestfor Date Certain for Extension (DION, SAMUEL) 2:1l-cr-00799-JLL USA v. MCOUEEN Order to Continue Ends of Justice 9 - Docket Text: ORDER TO CONTINUE Ends of Justice as to QUAWEE MCQUEEN Time excluded from 2/27/12 until 4/16/12., ( Defense Pre-Trial motions due by 3/12/2012, Replies due by 3/23/20 12., Motion set for 4/6/2012 09:00 AM before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. Trial 4/16/12 @ 10:00 a.m.). Signed by Judge Jose L. Linares on 1/30/12. (jn,) - file://C :\Documents and Settings\lrodriguez\Local Settings\Temp\notes9954CD\web2070.... 2/1/2012 Page9oflo 2:11-cv-06887-JLL-MAH JONES et al v. SPRINT COMMUNICATIONS COMPANY, L.P., et al Notice of Pro Hac Vice to Receive NEF 17 Docket Text: Notice of Request by Pro Hac Vice Dan Millea to receive Notices of Electronic Filings. (CHESTER, JOHN) 2:11-cv-06902-JLL-MAH TRUSTEES OF THE B.A.C. LOCAL 4 PENSION AND ANNU ITY FUNDS et at v. MASON TECH LLC. Request for Default Docket Text: Request fbr Default by RICHARD TOLSON, TRUSTEES OF THE B.A.C. LOCAL 4 PENSION AND ANNUITY FUNDS, TRUSTEES OF THE BRICKLAYERS & TROWEL TRADES INTERNATIONAL PENSION FUND, TRUSTEES OF THE INTERNATIONAL MASONRY INSTITUTE, TRUSTEES OF THE NEW JERSEY B A C HEALTH FUND, TRUSTEES OF THE NEW JERSEY BM&P APPRENTICE AND EDUCATION FUND against MASON TECH LLC. (Attachments: # (1) Declaration, # (2) Default Certificate)( VIRGINIA, CHARLES) 2:l1-cv-07067-JLL-MAH FINN et a! v. NATIONAL FOOTBALL LEAGUE Notice of Appearance Docket Text: NOTICE of Appearance by FRED S. LONGER on behalf of All Plaintiffs (LONGER, FRED) 2:11-cv-07238-JLL-MAH ROSS! v. THE PROCTER & GAMBLE COMPANY Order 17 Docket Text: ORDER granting application appointing the law firms of Carella Byrne, Bursor & Fisher, and Faruqi & Faruqi interim lead class counsel; etc.. Signed by Judge Jose L. Linares on 1/31/2012. (nr,) 2:12-cv-00090-JLL-MAH IN-N-OUT BURGERS v. IN & OUT BAGEL & DELI, INC. et al Notice of Appearance 2 Docket Text: NOTICE of Appearance by MICHAEL TERENCE PIDGEON on behalf of IN-N-OUT BURGERS (PIDGEON, MICHAEL) 2:12-cr-00061-JLL USA v. GUZMAN-LEBRON Terminate Criminal Case Docket Text: ***Case Terminated as to DAVID GUZMAN-LEBRON ***Terminated , defendant DAVID file://C :\Documents and Settings\lrodriguez\Local Settings\Temp\notes9954CD \-web2070.... 2/1/2012 Page 10 of 10 GUZMAN-LEBRON, pending deadlines, and motions. (mrd,) 2:12-cv-00575-JLL-MAH BREYER v. PARSONS INSPECTION AND MAINTENANCE CORPORATION et al Complaint 1. Docket Text: COMPLAINT against JOHN AND JANE DOE NOS. 1 THROUGH 10, PARSONS INSPECTION AND MAINTENANCE CORPORATION, JAMES POWERS, III, SONY AE A TURNER ( Filing fee $ 350 receipt number 4159188.) JURY DEMAND., filed by RICHARD R. BREY ER. (Attachments: # (1) Civil Cover Sheet)(ma) 2:12-cv-00560-JLL-MAH INTERNATIONAL UNION OF OPER ATING ENGINEERS LOCAL 825 EMPLOYEE BENEFIT FUNDS AND THE TRUSTEES THER EOF v UNION CRANE RENTALS INC. Petition to Confirm Arbitration Award 1 Docket Text: PETITION to Confirm Arbitration Award (Filing fee S 350 receipt number 4158277.), filed by INTERNATIONAL UNION OF OPERATING ENGINEERS LOCA L 825 EMPLOYEE BENEFIT FUNDS AND THE TRUSTEES THEREOF. (Attachments: # (1) Coy Letter, # (2) Civ Cov)(dr,) (Attachment 1 replaced on 1/31/2012) (dr). (Additional attachment(s) added on 1/31/2012: # (3) EXH A, # (4) EXH B, # (5) EXH C, # (6) EXH D, # (7) EXH E, # (8) EXH F) (dr). 2:12-cv-00560-JLL-MAH INTERNATIONAL UNION OF OPER ATING ENGINEERS LOCAL 825 EMPLOYEE BENEFIT FUNDS AND THE TRUSTEES THEREOF v UNION CRANE RENTALS INC. Motion to confirm Arbitration award 2 Docket Text: MOTION to Confirm Arbitration award and entering Judgments subject to audits, inclusive of attorneys and arbitration fees by INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 825 EMPLOYEE BENEFIT FUNDS AND THE TRUSTEES THER EOF. (Attachments: # (1) sub, # (2) cert. of service, # (3) p/o &jgm.)(sr,) 2:12-cv-00560-JLL-MAH INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 825 EMPLOYEE BENEFIT FUNDS AND THE TRUSTEES THEREOF v UNION CRANE RENTALS INC. Set/Reset Motion and R&R Deadlines/Hearings Docket Text: Set Deadline as to [2] MOTION to Confirm Arbitration award and entering Judgments subject to audits, inclusive of attorneys and arbitration fees. Motion set for 3/5/20 12 before Judge Jose L. Linares. The motion will be decided on the papers. No appearances require d unless notified by the court. (sr,) file://C:\Documents and Settings\lrodriguez\Local Settings\Temp \notes9954CD\ web2070.... 2/1/2012

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