Bizzarro v. Ocean County

Bizzarro v. Ocean County

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) (Entered: 11/29/2007)

Summons Issued as to OCEAN COUNTY. Days Due - 20. (sk) (Entered: 12/05/2007)

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) (Entered: 12/20/2007)

1 Certification William Riback

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2 Certification Alexandra C. Warren

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3 Text of Proposed Order

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4 Certificate of Service

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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) (Entered: 12/20/2007)

1 Certification William Riback

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2 Certification Charles J. LaDuca

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3 Text of Proposed Order

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4 Certificate of Service

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Set/Reset Motion and R&R Deadlines/Hearings

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) (Entered: 01/03/2008)

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) (Entered: 01/11/2008)

1 Certificate of Service

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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) (Entered: 01/16/2008)

1 Civil Cover Sheet Letter to Clerk with answer

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2 Certificate of Service

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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) (Entered: 01/17/2008)

1 ADR MEMO

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Revised ANSWER to Complaint by OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER.(CLAYTON, ROBERT) (Entered: 01/17/2008)

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NOTICE of Appearance by ELMER ROBERT KEACH, III on behalf of all plaintiffs (KEACH, ELMER) (Entered: 01/22/2008)

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, ) (Entered: 01/23/2008)

MOTION for Leave to Appear Pro Hac Vice - Fran Rudich by JOSE GARCIA. (LESSER, SETH) (Entered: 01/31/2008)

Pro Hac Vice Fee Received

Set/Reset Motion and R&R Deadlines/Hearings

Notice of Request by Pro Hac Vice Charles J. LaDuca to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 02/20/2008)

Notice of Request by Pro Hac Vice Alexandra Warren to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 02/20/2008)

Pretrial Conference - Initial

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) (Entered: 03/05/2008)

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) (Entered: 03/05/2008)

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) (Entered: 03/19/2008)

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) (Entered: 04/07/2008)

Telephone Conference

LETTER ORDER setting certain motion deadline. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/1/08. (ij, ) (Entered: 05/02/2008)

STIPULATION of Dismissal Without Prejudice by JOSE GARCIA. (LESSER, SETH) (Entered: 06/04/2008)

Telephone Conference

STIPULATION of Dismissal by JOSE GARCIA, WESLEY K. BELL. (tp ) (Entered: 06/09/2008)

LETTER ORDER setting telephone conference for 7/30/2008 at 3:30pm. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/17/2008. (tp ) (Entered: 07/17/2008)

Telephone Conference

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

ORDER confirming status call for 10/21/2008 at 10:30am. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/31/2008. (tp ) (Entered: 08/04/2008)

NOTICE of Appearance by STEVEN M. HORN on behalf of OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER (HORN, STEVEN) (Entered: 08/26/2008)

STIPULATION of Consent to Second Amended Complaint and Second Amended Complaint by EDWARD BIZZARRO. (Attachments: # 1 Exhibit Second Amended Complaint)(LESSER, SETH) (Entered: 09/12/2008)

1 Exhibit Second Amended Complaint

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Consent ORDER granting application for leave to file Amended Complaint. Signed by Magistrate Judge Tonianne J. Bongiovanni on 9/15/2008. (mmh) (Entered: 09/15/2008)

SECOND AMENDED COMPLAINT against OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER, filed by APRIL WEDDING, EDWARD BIZZARRO, RICHARD WRIGHT.(mmh) (Entered: 10/15/2008)

LETTER ORDER granting request of extension to file motion for class certification. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/10/2008. (mmh) (Entered: 10/14/2008)

ANSWER to Amended Complaint (Second), COUNTERCLAIM against all plaintiffs by OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER.(CLAYTON, ROBERT) (Entered: 10/15/2008)

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) (Entered: 10/18/2008)

1 Affirmation of Elmer Keach

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2 Exhibit A -- Second Amended Class Action Complaint

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3 Exhibit B -- Ocean County Deponent Deposition, pp. 1-100

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4 Exhibit B, continued -- Ocean County Deponent Deposition, pp. 101-200

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5 Exhibit B, continued -- Ocean County Depondent Deposition, pp. 201-end

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6 Exhibit C -- Spina Diagram of Strip Search Room

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7 Exhibit D -- Ocean County Strip Search Policy

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8 Exhibit E -- Wedding Deposition

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9 Exhibit F -- Wright Deposition Transcript

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10 Exhibit G -- Bizaro Deposition Transcript

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11 Exhibit H -- Tyson Decision

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12 Exhibit I -- Williams Decision

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13 Exhibit J -- Delandro Decision

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14 Exhibit K -- Firm Resumes, Proposed Class Counsel

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15 Memorandum of Law

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Set/Reset Motion and R&R Deadlines/Hearings

Telephone Conference

LETTER ORDER re: certain briefing schedule. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/30/2008. (mmh) (Entered: 10/30/2008)

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) (Entered: 11/10/2008)

1 Title Page

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2 Brief

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3 Table of Contents and Authorities

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4 Exhibit A

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5 Exhibit B

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6 Exhibit C

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7 Exhibit D

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8 Exhibit E

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9 Exhibit F

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Letter from William Riback. (RIBACK, WILLIAM) (Entered: 11/18/2008)

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) (Entered: 11/20/2008)

REPLY BRIEF to Opposition to Motion re 31 MOTION to Certify Class filed by EDWARD BIZZARRO. (Attachments: # 1 Certificate of Service)(LESSER, SETH) (Entered: 12/04/2008)

1 Certificate of Service

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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) (Entered: 02/26/2009)

1 Exhibit 1 - Copy of decision in Florence v Burlington County

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2 Exhibit 2 Copy of decision in Young v Cook County

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3 Certificate of Service

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Letter from R. Scott Clayton, Esq. in response to plaintiffs' notice of supplemental authority re 37 Notice (Other), Notice (Other). (CLAYTON, ROBERT) (Entered: 03/03/2009)

Letter from Plaintiffs Counsel re Letter from Defendants Counsel to Judges Wolfson and Bongiovanni. (LESSER, SETH) (Entered: 03/03/2009)

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) (Entered: 03/31/2009)

1 Exhibit A - Class certification decision and order in Wilson v Gloucester County

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2 Exhibit B - Class certification decision in Jones v Murphy

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3 Certificate of Service

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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) (Entered: 06/09/2009)

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) (Entered: 06/09/2009)

Notice of Request by Pro Hac Vice Fran L. Rudich to receive Notices of Electronic Filings. (LESSER, SETH) (Entered: 06/12/2009)

Order on Oral Motion

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) (Entered: 06/29/2009)

1 Certificate of Service

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ANSWER to Amended Complaint THIRD, COUNTERCLAIM against all plaintiffs by OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER.(CLAYTON, ROBERT) (Entered: 06/30/2009)

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) (Entered: 07/01/2009)

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) (Entered: 07/02/2009)

Telephone Conference

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) (Entered: 08/18/2009)

1 Civil Cover Sheet

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2 Index Table of Contents and Authorities

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3 Brief

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Set/Reset Motion and R&R Deadlines/Hearings

MEMORANDUM in Opposition re 48 MOTION to Stay Proceedings, Attorney Certification and Order filed by EDWARD BIZZARRO. (Attachments: # 1 Certificate of Service)(LESSER, SETH) (Entered: 09/01/2009)

1 Certificate of Service

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Order on Oral Motion

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) (Entered: 09/16/2009)

1 Exhibit A

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2 Exhibit B

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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) (Entered: 09/17/2009)

1 Certificate of Service

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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) (Entered: 11/16/2009)

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) (Entered: 11/16/2009)

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) (Entered: 11/16/2009)

Terminated Case

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) (Entered: 12/29/2009)

NOTICE of Change of Address by SETH R. LESSER (LESSER, SETH) (Entered: 03/16/2010)

QC - Electronic signature does not match e-filer

Telephone Conference

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) (Entered: 11/08/2010)

Telephone Conference

Letter from Garrick R. Slavick, Esq.. (SLAVICK, GARRICK) (Entered: 12/02/2010)

Letter from Garrick R. Slavick, Esq.. (SLAVICK, GARRICK) (Entered: 12/02/2010)

Telephone Conference

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) (Entered: 01/03/2011)

Letter from William Riback, Esquire. (RIBACK, WILLIAM) (Entered: 02/18/2011)

Telephone Conference

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) (Entered: 03/03/2011)

1 Text of Proposed Order

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2 Brief

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3 Certification

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4 Exhibit A

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5 Exhibit B

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6 Exhibit C

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7 Exhibit D

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8 Certificate of Service

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Set/Reset Motion and R&R Deadlines/Hearings

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) (Entered: 03/21/2011)

1 Exhibit 1 - Florence Petition for a Writ of Certiorari

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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) (Entered: 03/25/2011)

NOTICE of Appearance by WILLIAM A. RIBACK on behalf of All Plaintiffs (RIBACK, WILLIAM) (Entered: 03/25/2011)

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Letter from William Riback, Esquire. (RIBACK, WILLIAM) (Entered: 04/04/2011)

OPINION filed. Signed by Judge Freda L. Wolfson on 4/12/2011. (mmh) (Entered: 04/12/2011)

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) (Entered: 04/12/2011)

Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney SETH R. LESSER terminated. (LESSER, SETH) (Entered: 08/13/2012)

NOTICE by FRAN L. RUDICH of Withdrawal of Appearance as Counsel (LESSER, SETH) (Entered: 08/15/2012)

NOTICE by CHARLES J. LADUCA of Withdrawal of Appearance as Counsel (LESSER, SETH) (Entered: 08/15/2012)

NOTICE by ALEXANDRA COLER WARREN of Withdrawal of Appearance as Counsel (LESSER, SETH) (Entered: 08/16/2012)

NOTICE of Appearance by CARL D. POPLAR on behalf of All Plaintiffs (POPLAR, CARL) (Entered: 11/06/2013)

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) (Entered: 11/07/2013)

1 Brief

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2 Certification

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3 Exhibit Exhibit A

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4 Exhibit Exhibit B

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5 Exhibit Exhibit C

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6 Exhibit Exhibit D

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7 Exhibit Exhibit E

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8 Exhibit Exhibit F

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9 Exhibit Exhibit G

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10 Exhibit Exhibit H

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11 Exhibit Exhibit I

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12 Exhibit Exhibit J

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13 Exhibit Exhibit K

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14 Exhibit Exhibit L

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15 Exhibit Exhibit M

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16 Exhibit Exhibit N

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17 Exhibit Exhibit O

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18 Exhibit Exhibit P

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19 Text of Proposed Order

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20 Certificate of Service

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Set/Reset Motion and R&R Deadlines/Hearings

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) (Entered: 11/13/2013)

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) (Entered: 11/13/2013)

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