Case: Boisselle v. County of Mercer

Boisselle v. The County of Mercer, et al.

Boisselle v. The County of Mercer, et al.

COMPLAINT against JOHN A. KEMLER, JOHN J. MCEWAN, MERCER COUNTY DEPARTMENT OF CORRECTIONS, SHIRLEY TYLER, ROY HENDRICK, THE COUNTY OF MERCER, MERCER COUNTY DEPARTMENT OF SHERIFF, KEVIN C. LARKIN, MICHAEL D. GERASIMOWICZ, DENNIS J. TOBOLSKI &MICHAEL B. GERALD ( Filing fee $ 350 receipt number 951223.) Jury Demand, filed by TRAFFORD BOISSELLE.(ck ) (Entered: 05/05/2006)

CASE REFERRED to Arbitration. (jjq, ) (Entered: 11/13/2008)

NOTICE of Appearance by SETH R. LESSER on behalf of TRAFFORD BOISSELLE (LESSER, SETH) (Entered: 05/08/2006)

Letter from william riback. (Attachments: # 1 Summons)(RIBACK, WILLIAM) (Entered: 06/02/2006)

Summons Issued as to MERCER COUNTY DEPARTMENT OF CORRECTIONS, THE COUNTY OF MERCER, &MERCER COUNTY DEPARTMENT OF SHERIFF.Days Due − 20. (mailed to counsel) (ck) (Entered: 06/05/2006)

SUMMONS Returned Executed by TRAFFORD BOISSELLE. MERCER COUNTY DEPARTMENT OF CORRECTIONS served on 6/7/2006, answer due 6/27/2006; THE COUNTY OF MERCER served on 6/8/2006, answer due 6/28/2006; MERCER COUNTY DEPARTMENT OF SHERIFF served on 6/8/2006, answer due 6/28/2006. (RIBACK, WILLIAM) (Entered: 06/20/2006)

ANSWER to Complaint with Jury Demand by JOHN A. KEMLER, JOHN J. MCEWAN, MERCER COUNTY DEPARTMENT OF CORRECTIONS, SHIRLEY TYLER, ROY HENDRICK, THE COUNTY OF MERCER, MERCER COUNTY DEPARTMENT OF SHERIFF, KEVIN C. LARKIN, MICHAEL D. GERASIMOWICZ, DENNIS J. TOBOLSKI, MICHAEL B. GERALD.(CROWLEY, SARAH) (Entered: 06/28/2006)

ORDER Scheduling a rule 16 Conference set for 9/6/2006 2:30 PM in Trenton − Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni.Signed by Judge Tonianne J. Bongiovanni on 6/30/06. (Attachments: # 1 ADR MEMO)(mm) (Entered: 06/30/2006)

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Initial Pretrial Conference held on 9/6/2006. (mm) (Entered: 09/08/2006)

PRETRIAL SCHEDULING ORDER: Telephone Conference set for 12/13/2006 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni. Motions to Amended Pleading &for Joinder of Parties due by 1/12/2007; Ret'ble 2/5/07. Motions for class certificaiton due by 3/9/07; Ret'ble 4/2/07. Signed by Judge Tonianne J. Bongiovanni on 9/7/06. (ck ) (Entered: 09/08/2006)

MOTION for Leave to Appear Pro Hac Vice Fran Rudich by TRAFFORD BOISSELLE. (Attachments: # 1 Cover Letter# 2 Declaration Fran Rudich# 3 Text of Proposed Order # 4 Certificate of Service Mailing)(RIBACK, WILLIAM) (Entered: 10/19/2006)

MOTION for Leave to Appear Pro Hac Vice Alexandra Coler by TRAFFORD BOISSELLE. (Attachments: # 1 Cover Letter# 2 Declaration Alexandra Coler# 3 Text of Proposed Order # 4 Certificate of Service Mailing)(RIBACK, WILLIAM) (Entered: 10/19/2006)

MOTION for Leave to Appear Pro Hac Vice Charles LaDuca by TRAFFORD BOISSELLE. (Attachments: # 1 Cover Letter# 2 Declaration Charles LaDuca# 3 Text of Proposed Order # 4 Certificate of Service Mailing)(RIBACK, WILLIAM) (Entered: 10/19/2006)

Set Deadlines as to 9 MOTION for Leave to Appear Pro Hac Vice Alexandra Coler , 8 MOTION for Leave to Appear Pro Hac Vice Fran Rudich , 10 MOTION for Leave to Appear Pro Hac Vice Charles LaDuca . Motion Hearing set for 11/20/2006 10:00 AM in Trenton − Courtroom 4E before Chief Judge Garrett E. Brown, Jr.. (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, ) (Entered: 10/20/2006)

ORDER granting 8 ; 9 ; &10 Motions for Leave to Appear FRAN RUDICH, ESQ., ALEXANDRA WARREN, ESQ., AND CHARLES LADUCA, ESQ. Pro Hac Vice on behalf of the plaintiffs. Signed by Judge Tonianne J. Bongiovanni on 12/26/06. (ck, ) (Entered: 10/26/2006)

Pro Hac Vice fee: $ 300, receipt number 305485 received for Alexandra C. Warren, Esq. and Charles LaDuca, Esq. (lk) (Entered: 11/01/2006)

Substitution of Attorney − Attorney GREGORY J. GIORDANO and GREGORY J. GIORDANO for JOHN A. KEMLER and JOHN J. MCEWAN added. Attorney SARAH G. CROWLEY terminated.. (GIORDANO, GREGORY) (Entered: 12/13/2006)

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 12/13/2006. Status Telephone Conference set for 3/1/2007 11:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff is to initiate the call. (mm) (Entered: 12/18/2006)

CLERKS OFFICE QUALITY CONTROL MESSAGE − Document 13 SUBSTITUTION OF ATTORNEY submitted by GREGORY GIORDANO, ESQ. on 12/13/06. The DOCKET NUMBER 06−1368 does not match the DOCKET NUMBER 05CV2065 of this case. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only.. (ck, ) (Entered: 12/14/2006)

LETTER ORDER confirming certain deadlines: Telephone Conference set for 3/1/2007 11:00 AM. Motions due by 2/23/2007; Ret'ble 3/5/07. Signed by Judge Tonianne J. Bongiovanni on 12/13/06. (ck, ) (Entered: 12/19/2006)

Notice of Request by Pro Hac Vice Alexandra Warren to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 12/28/2006)

Notice of Request by Pro Hac Vice charles laduca to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 12/28/2006)

LETTER ORDER adjourning the Telephone Conference to 3/22/2007 at 03:30 PM. Signed by Judge Tonianne J. Bongiovanni on 2/1/07. (ck, ) (Entered: 02/01/2007)

LETTER ORDER adjourning the telephone Conference to 3/9/2007 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni.. Signed by Judge Tonianne J. Bongiovanni on 3/2/07. (ck, ) (Entered: 03/02/2007)

SCHEDULING ORDER: Telephone Conference set for 7/31/2007 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Amended Pleadings due by 5/25/2007. Motions due by 8/24/2007.. Signed by Judge Tonianne J. Bongiovanni on 3/9/07. (ck, ) (Entered: 03/09/2007)

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 3/9/2007. Status Telephone Conference set for 7/31/2007 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni. Plaintiff is to initiate the call. (mm) (Entered: 03/09/2007)

Minute Entry for proceedings held before Judge Tonianne J. Bongiovanni: Telephone Conference held on 7/31/2007. (mm) (Entered: 08/01/2007)

ORDER REFERRING CASE to Mediation &STAYING CASE for a period of 60 days.. Signed by Judge Tonianne J. Bongiovanni on 8/1/07. (ck, ) (Entered: 08/02/2007)

MOTION for Leave to Appear Pro Hac Vice − Alexander E. Barnett by TRAFFORD BOISSELLE. (LESSER, SETH) (Entered: 08/07/2007)

MOTION for Leave to Appear Pro Hac Vice − Nicholas A. Migliaccio by TRAFFORD BOISSELLE. (LESSER, SETH) (Entered: 08/07/2007)

BRIEF in Opposition re 21 MOTION for Leave to Appear Pro Hac Vice − Alexander E. Barnett , 22 MOTION for Leave to Appear Pro Hac Vice − Nicholas A. Migliaccio filed by JOHN A. KEMLER, JOHN J. MCEWAN, MERCER COUNTY DEPARTMENT OF CORRECTIONS, SHIRLEY TYLER, ROY HENDRICK, THE COUNTY OF MERCER, MERCER COUNTY DEPARTMENT OF SHERIFF, KEVIN C. LARKIN, MICHAEL D. GERASIMOWICZ, DENNIS J. TOBOLSKI, MICHAEL B. GERALD. (GIORDANO, GREGORY) (Entered: 08/14/2007)

ORDER granting 21 Motion for Alexander E. Barnett, Esq. Leave to Appear Pro Hac Vice; and granting 22 Motion for Nicholas A. Migliaccio, Esq. Leave to Appear Pro Hac Vice for pltf.. Signed by Judge Tonianne J. Bongiovanni on 8/14/07. (lk) (Entered: 08/14/2007)

NOTICE of Appearance by ELMER ROBERT KEACH, III on behalf of all plaintiffs (KEACH, ELMER) (Entered: 08/14/2007)

CLERK'S QUALITY CONTROL MESSAGE: Document 23 Brief in Opposition submitted by Gregory Giordano, Esq. on 8/14/07 did not contain a proper signature. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC OR SCANNED SIGNATURE BY 8/17/07. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (ck, ) (Entered: 08/15/2007)

Pro Hac Vice fee received by Alexander E. Barnett, Esq. &Nicholas A> Migliaccio, Esq.: $ 300, receipt number 359402 (ck, ) (Entered: 08/16/2007)

Letter ORDER directing that the next mediation scheduled with former Judge Rosen is on 11/7/07. Signed by Judge Tonianne J. Bongiovanni on 10/19/07. (ck, ) (Entered: 10/22/2007)

ORDER continuing stay. Signed by Judge Tonianne J. Bongiovanni on 11/20/07. (ms) (Entered: 11/21/2007)

LETTER ORDER regarding mediation status. Signed by Judge Tonianne J. Bongiovanni on 1/18/08. (lk) (Entered: 01/22/2008)

AFFIDAVIT in Opposition, WITHDRAWAL of Claim, AMENDED ANSWER to, COUNTERCLAIM against TRAFFORD BOISSELLE by JOHN A. KEMLER, JOHN J. MCEWAN, MERCER COUNTY DEPARTMENT OF CORRECTIONS, SHIRLEY TYLER, ROY HENDRICK, THE COUNTY OF MERCER, MERCER COUNTY DEPARTMENT OF SHERIFF, KEVIN C. LARKIN, MICHAEL D. GERASIMOWICZ, DENNIS J. TOBOLSKI, MICHAEL B. GERALD. (GIORDANO, GREGORY) (Entered: 02/26/2008)

Notice of Request by Pro Hac Vice Fran Rudich to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 02/28/2008)

CLERK'S QUALITY CONTROL MESSAGE: This pertains to document 29 AFFIDAVIT in Opposition, WITHDRAWAL of Claim, AMENDED ANSWER to, COUNTERCLAIM filed on 2/26/08 by GREGORY J. GIORDANO, ESQ. for Defendants. The body of this document appears to only be Answer to the Counterclaim. However, there has never been a Counterclaim filed by any party in this matter. Counsel needs to review this document, determine what it is really supposed to be,, and if necessary resubmit it properly. This message is for informational purposes and will remain on the docket until otherwise directed by the court. (ms) (Entered: 02/28/2008)

Pro Hac Vice fee: for Fran L. Rudich, Esq. $ 150, receipt number 363560 (lk) (Entered: 02/29/2008)

SCHEDULING ORDER: Amended Pleadings due by 6/2/2008. Joinder of Parties due by 6/2/2008. Telephone Conference set for 6/9/2008 10:00 AM before Magistrate Judge Tonianne J. Bongiovanni.. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/28/09. (lk) (Entered: 03/03/2008)

Notice of Request by Pro Hac Vice Fran Rudich to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 03/05/2008)

LETTER ORDER resetting telephone conference for June 10, 2008 at 10:30 a.m. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/15/08. (ij, ) (Entered: 04/16/2008)

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 5/7/2008. (mm) (Entered: 05/07/2008)

ORDER extending stay for 45 days and resetting the 6/10/08 conference to 7/25/08 at 3:00pm. Signed by Magistrate Judge Tonianne J. Bongiovanni on 6/2/2008. (tp ) (Entered: 06/04/2008)

Reset Hearings: Status Telephone Conference set for 8/7/2008 4:00 PM before Magistrate Judge Tonianne J. Bongiovanni. (mm) (Entered: 07/25/2008)

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 7/25/2008. Status Telephone Conference set for 8/8/2008 4:00 PM before Magistrate Judge Tonianne J. Bongiovanni. (mm) (Entered: 07/25/2008)

Notice of Request by Pro Hac Vice Fran L. Rudich to receive Notices of Electronic Filings. (LESSER, SETH) (Entered: 07/31/2008)

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 8/1/2008. (mm) (Entered: 08/01/2008)

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 8/7/2008. It is anticipated that parties will move for preliminary approval settlement by September 15, 2008. (mm) (Entered: 08/07/2008)

CONSENT to Jurisdiction by US Magistrate Judge Tonianne J. Bongiovanni. (mmh) (Entered: 10/02/2008)

LETTER ORDER extending time to file motion for preliminary approval until 10/23/2008. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/20/2008. (mmh) (Entered: 10/22/2008)

LETTER ORDER confirming Settlement Conference set for 11/13/2008 09:30 AM in Trenton − Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/27/2008. (mmh) (Entered: 10/28/2008)

MOTION Preliminary Approval of Class Action Settlement by TRAFFORD BOISSELLE. (Attachments: # 1 Declaration of Seth R Lesser In Support of Motion, # 2 Exhibit Exhibit A to Lesser Declaration − Settlement Agreement, # 3 Exhibit Exhibit A to Settlement Agreement − Proposed Claim Form, # 4 Exhibit Exhibit B to Settlement Agreement − Proposed Long Form Notice, # 5 Exhibit Exhibit C to Settlement Agreement − Proposed Final Approval Order, # 6 Exhibit Exhibit D to Settlement Agreement − Proposed Preliminary Approval Order, # 7 Exhibit Exhibit D to Settlement Agreement − Proposed Summary Notice, # 8 Exhibit Exhibit F to Settlement Agreement − Proposed Plan of Distribution, # 9 Exhibit Exhibit B to Lesser Declaration − Attorney Bios and Resumes, # 10 Brief in Support of Motion for Preliminary Approval)(LESSER, SETH) (Entered: 10/29/2008)

Set Deadlines as to 39 MOTION Preliminary Approval of Class Action Settlement. Motion set for 11/13/2008 09:30 AM before Magistrate Judge Tonianne J. Bongiovanni. (lk) (Entered: 10/30/2008)

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Preliminary approval hearing held on 11/13/2008. (CD B08#11.) (mm) (Entered: 11/13/2008)

ORDER Preliminarily Approving Settlement. Signed by Magistrate Judge Tonianne J. Bongiovanni on 11/19/2008. (mmh) (Entered: 11/20/2008)

MOTION for Settlement Approval and for Awards of Attorneys Fees and Costs and Incentive Award by TRAFFORD BOISSELLE. (Attachments: # 1 Certification of Seth R Lesser in Support of Motion for Final Approval etc, # 2 Exhibit A to Lesser Certification (Fraga Affidavit), # 3 Exhibit B to Lesser Certification (Plan of Distribution), # 4 Exhibit C to Lesser Certification (Byrd claim form), # 5 Brief in Support of Motion for Final Approval etc, # 6 Text of Proposed Order, # 7 Certificate of Service)(LESSER, SETH) (Entered: 04/15/2009)

Set Deadlines as to 42 MOTION for Settlement Approval and for Awards of Attorneys Fees and Costs and Incentive Award . Motion set for 5/18/2009 before Judge Bongiovanni will be decided on the papers. No appearance required unless notified by the Court. (mmh) (Entered: 04/16/2009)

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Final settlement approval hearing held on 4/20/2009. (CD #B09 #4.) (mm) (Entered: 04/20/2009)

ORDER granting final approval of class action settlement and judgment. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/20/2009. (mmh) (Entered: 04/20/2009)

***Civil Case Terminated. (mmh) (Entered: 04/21/2009)

STIPULATION of DISMISSAL WITH PREJUDICE. (dd, ) (Entered: 06/12/2009)

Letter from Errick L. DOwning. (mmh) (Entered: 06/24/2009)

Letter from Gary Rawlings. (mmh) (Entered: 12/10/2009)

Letter from Class Counsel re Letter from Mr Rawlings re 47 Letter. (LESSER, SETH) (Entered: 12/16/2009)

Letter from Gary Rawlings. (mmh) (Entered: 05/11/2010)

LETTER ORDER directing that Counsel wishing to object to the attached Proposed Order must do so by 7/28/2010. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/6/2010. (mmh) (Entered: 07/07/2010)

TEXT ORDER − Status Conference via telephone set for August 9, 2010 at 2:00 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) (Entered: 08/02/2010)

Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 8/9/2010. (mm) (Entered: 08/09/2010)