Case: Garcia v. Ocean County

3:07-cv-05665 | U.S. District Court for the District of New Jersey

Filed Date: Nov. 28, 2007

Closed Date: May 16, 2017

Clearinghouse coding complete

Case Summary

On November 28, 2007, five arrestees, proceeding through private counsel, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of New Jersey in order to challenge the blanket strip search policy of the Ocean County Correctional Facility. The named plaintiffs alleged that they were all arrested for misdemeanor or petty crimes and, upon their admission to the jail, were strip searched pursuant to the unconstitutional blanket policy of strip searching every pre-trial detainee that entered the Jail, regardless of the crime charged and without making a determination whether there was a reasonable suspicion that the detainee possessed weapons or contraband. Plaintiffs alleged that the policy violated the Fourth and Fourteenth Amendments to the U.S. Constitution and sought monetary and injunctive relief, as well as class certification. Defendants answered Plaintiffs' complaint by generally denying the charges.

The case was assigned to District Court Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni.

On October 18, 2008, Plaintiffs filed a motion to certify class, and the court certified the class on June 9, 2009. In the order certifying the class, the court narrowed the class period to November 28, 2005 through December 28, 2007 because Defendants have adopted a new policy requiring the Ocean County Jail to install the curtain in the clothing exchange room in November 2007. For the same reason, Plaintiff had agreed before this order that they no longer seek injunctive relief and filed the third amended complaint reflecting it on June 29, 2009.

On August 18, 2009, Defendants filed a motion to stay pending a decision from the Third Circuit in the unrelated matter of Florence v. Board of Chosen Freeholders of the County of Burlington, et al., Civ. Action No. 05-3619 (“Florence case”), another case regarding strip searches in New Jersey. This motion was granted on November 16, 2009.

On November 7, 2013, Plaintiffs filed a motion to lift the stay and amend the complaint, which was granted on March 13, 2014. Plaintiffs then filed the fourth amended complaint on March 25, 2014. In the fourth amended complaint, Plaintiffs pointed out that despite the Florence case, which allowed correctional officials to conduct strip searches, it remains unconstitutional to strip search minor offenders yet to be seen by a judge to determine their continuing detention.

On January 15, 2015, Defendants filed a motion for summary judgment. On May 16, 2017, the court granted the Defendants’ motion for summary judgment. The court dismissed the Plaintiffs’ Fourth Amendment claim, stating that the facts here are “strikingly similar to the facts” in the Florence case, which upheld the constitutionality of strip searches for individuals entering a jail's general population, regardless of the reason of detention or the existence of reasonable suspicion. The court also declined to exercise supplemental jurisdiction over Plaintiffs’ state law claims and dismissed them without prejudice.

The case was closed.

Summary Authors

Dan Dalton (2/11/2008)

Haruno Fukatsu (3/13/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5759871/parties/garcia-v-ocean-county/

Judge(s)

Bongiovanni, Tonianne J. (New Jersey)

Attorney for Plaintiff

Cuneo, Jonathan W. (District of Columbia)

Keach, Elmer Robert III (New York)

Attorney for Defendant

Clayton, Robert Scott (New Jersey)

Horn, Steven M. (New Jersey)

Judge(s)

Bongiovanni, Tonianne J. (New Jersey)

Wolfson, Freda L. (New Jersey)

Attorney for Plaintiff

Cuneo, Jonathan W. (District of Columbia)

Keach, Elmer Robert III (New York)

LaDuca, Charles Joseph (District of Columbia)

Lesser, Seth R. (New York)

PLEVINSKY, LAUREN (New Jersey)

POPLAR, CARL D. (New Jersey)

Riback, William A. (New Jersey)

Rudich, Fran L. (New York)

Warren, Alexandra C. (District of Columbia)

Attorney for Defendant

Clayton, Robert Scott (New Jersey)

Horn, Steven M. (New Jersey)

LIDAKA, MARY JANE (New Jersey)

Slavick, Garrick Ronald (New Jersey)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:07-cv-05665	Docket (PACER)	Aug. 16, 2012	Aug. 16, 2012 Docket
1 3:07-cv-05665	Class Action Complaint; Jury Trial Demanded	Nov. 28, 2007	Nov. 28, 2007 Complaint
41 3:07-cv-05665	Opinion Bizzarro v. Ocean County	June 9, 2009	June 9, 2009 Order/Opinion 2009 WL 1617887
44 3:07-cv-05665	Third Amended Class Action Complaint Bizzarro v. Ocean County	June 29, 2009	June 29, 2009 Complaint
67 3:07-cv-05665	Opinion	April 12, 2011	April 12, 2011 Order/Opinion 2011 WL 1375683
87 3:07-cv-05665	Fourth Amended Class Action Complaint	March 27, 2014	March 27, 2014 Complaint
117 3:07-cv-05665	Opinion Bizzarro v. Ocean County	May 16, 2017	May 16, 2017 Order/Opinion 2017 WL 2119450

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5759871/garcia-v-ocean-county/

Last updated April 6, 2025, 1:13 p.m.

Docket for: GARCIA v. OCEAN COUNTY

ECF Number	Date	Description	Link
1	Nov. 28, 2007	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)	Clearinghouse
2	Dec. 5, 2007	Summons Issued as to OCEAN COUNTY. Days Due - 20. (sk) (Entered: 12/05/2007)	RECAP
3	Dec. 20, 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 View on PACER 2 Certification Alexandra C. Warren View on PACER 3 Text of Proposed Order View on PACER 4 Certificate of Service View on PACER	RECAP
4	Dec. 20, 2007	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 View on PACER 2 Certification Charles J. LaDuca View on PACER 3 Text of Proposed Order View on PACER 4 Certificate of Service View on PACER	RECAP
	Dec. 21, 2007	Set Deadlines as to 4 MOTION for Leave to Appear Pro Hac Vice Charles J. LaDuca , 3 MOTION for Leave to Appear Pro Hac Vice Alexandra C. Warren . Motion Hearing set for 1/22/2008 10:00 AM in Trenton − Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni. (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: 12/21/2007)	PACER
	Dec. 21, 2007	Set/Reset Motion and R&R Deadlines/Hearings
5	Jan. 3, 2008	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)	RECAP
6	Jan. 11, 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 View on PACER	RECAP
7	Jan. 16, 2008	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 View on PACER 2 Certificate of Service View on PACER	RECAP
	Jan. 17, 2008	CLERK'S QUALITY CONTROL MESSAGE: The Answer 7 submitted by Robert Scott Clayton on 1/16/08 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorneys Name.) This submission will remain on the docket unless otherwise ordered by the court. (lt) (Entered: 01/17/2008)	PACER
8	Jan. 17, 2008	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 View on PACER	RECAP
9	Jan. 17, 2008	Revised ANSWER to Complaint by OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER.(CLAYTON, ROBERT) (Entered: 01/17/2008)	RECAP
	Jan. 17, 2008	QC - Generic Message
10	Jan. 22, 2008	NOTICE of Appearance by ELMER ROBERT KEACH, III on behalf of all plaintiffs (KEACH, ELMER) (Entered: 01/22/2008)	RECAP
11	Jan. 23, 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)	RECAP
	Jan. 31, 2008	Pro Hac Vice fee: for attorneys Alexandra C. Warren and Charles J. LaDuca $300, receipt number 200−350285. (lt) (Entered: 01/31/2008)	PACER
12	Jan. 31, 2008	MOTION for Leave to Appear Pro Hac Vice - Fran Rudich by JOSE GARCIA. (LESSER, SETH) (Entered: 01/31/2008)	RECAP
	Jan. 31, 2008	Pro Hac Vice Fee Received
	Feb. 1, 2008	Set Deadlines as to 12 MOTION for Leave to Appear Pro Hac Vice − Fran Rudich . Motion Hearing set for 3/3/2008 before Magistrate Judge Tonianne J. Bongiovanni. (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.) (lt) (Entered: 02/01/2008)	PACER
	Feb. 1, 2008	Set/Reset Motion and R&R Deadlines/Hearings
13	Feb. 20, 2008	Notice of Request by Pro Hac Vice Charles J. LaDuca to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 02/20/2008)	RECAP
14	Feb. 20, 2008	Notice of Request by Pro Hac Vice Alexandra Warren to receive Notices of Electronic Filings. (RIBACK, WILLIAM) (Entered: 02/20/2008)	RECAP
	March 3, 2008	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Initial Pretrial Conference held via conference call on 3/3/2008. (mm) (Entered: 03/04/2008)	PACER
	March 3, 2008	Pretrial Conference - Initial
15	March 4, 2008	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)	RECAP
16	March 4, 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)	RECAP
17	March 19, 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)	RECAP
18	April 7, 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)	RECAP
	April 8, 2008	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 4/8/2008. (mm) (Entered: 04/08/2008)	PACER
	April 8, 2008	Telephone Conference
19	May 2, 2008	LETTER ORDER setting certain motion deadline. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/1/08. (ij, ) (Entered: 05/02/2008)	RECAP
	June 4, 2008	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 6/4/2008. Status Telephone Conference set for 9/12/2008 3:30 PM before Magistrate Judge Tonianne J. Bongiovanni. (mm) (Entered: 06/04/2008)	PACER
20	June 4, 2008	STIPULATION of Dismissal Without Prejudice by JOSE GARCIA. (LESSER, SETH) (Entered: 06/04/2008)	RECAP
	June 4, 2008	Telephone Conference
21	June 5, 2008	STIPULATION of Dismissal by JOSE GARCIA, WESLEY K. BELL. (tp ) (Entered: 06/09/2008)	RECAP
22	July 17, 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)	RECAP
	July 30, 2008	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 7/30/2008. Status Telephone Conference set for 10/21/2008 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni. (mm) (Entered: 07/30/2008)	PACER
	July 30, 2008	Telephone Conference
23	July 31, 2008	Notice of Request by Pro Hac Vice Fran L. Rudich to receive Notices of Electronic Filings. (LESSER, SETH) (Entered: 07/31/2008)	RECAP
24	Aug. 1, 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)	RECAP
25	Aug. 26, 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)	RECAP
26	Sept. 12, 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 View on PACER	RECAP
27	Sept. 15, 2008	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)	RECAP
29	Sept. 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)	RECAP
28	Oct. 14, 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)	RECAP
30	Oct. 15, 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)	RECAP
31	Oct. 18, 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 View on PACER 2 Exhibit A -- Second Amended Class Action Complaint View on PACER 3 Exhibit B -- Ocean County Deponent Deposition, pp. 1-100 View on PACER 4 Exhibit B, continued -- Ocean County Deponent Deposition, pp. 101-200 View on PACER 5 Exhibit B, continued -- Ocean County Depondent Deposition, pp. 201-end View on PACER 6 Exhibit C -- Spina Diagram of Strip Search Room View on PACER 7 Exhibit D -- Ocean County Strip Search Policy View on PACER 8 Exhibit E -- Wedding Deposition View on PACER 9 Exhibit F -- Wright Deposition Transcript View on PACER 10 Exhibit G -- Bizaro Deposition Transcript View on PACER 11 Exhibit H -- Tyson Decision View on PACER 12 Exhibit I -- Williams Decision View on PACER 13 Exhibit J -- Delandro Decision View on PACER 14 Exhibit K -- Firm Resumes, Proposed Class Counsel View on PACER 15 Memorandum of Law View on PACER	RECAP
	Oct. 20, 2008	Setting Deadlines as to 31 MOTION to Certify Class. Motion set for 11/17/2008 in Trenton − Courtroom 5E before Judge Freda L. Wolfson. (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.) (mmh) (Entered: 10/20/2008)	PACER
	Oct. 20, 2008	Set/Reset Motion and R&R Deadlines/Hearings
	Oct. 21, 2008	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 10/21/2008. (mm) (Entered: 10/21/2008)	PACER
	Oct. 21, 2008	Telephone Conference
32	Oct. 30, 2008	LETTER ORDER re: certain briefing schedule. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/30/2008. (mmh) (Entered: 10/30/2008)	RECAP
33	Nov. 10, 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 View on PACER 2 Brief View on PACER 3 Table of Contents and Authorities View on PACER 4 Exhibit A View on PACER 5 Exhibit B View on PACER 6 Exhibit C View on PACER 7 Exhibit D View on PACER 8 Exhibit E View on PACER 9 Exhibit F View on PACER	RECAP
34	Nov. 18, 2008	Letter from William Riback. (RIBACK, WILLIAM) (Entered: 11/18/2008)	RECAP
35	Nov. 20, 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)	RECAP
36	Dec. 4, 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 View on PACER	RECAP
37	Feb. 26, 2009	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 View on PACER 2 Exhibit 2 Copy of decision in Young v Cook County View on PACER 3 Certificate of Service View on PACER	RECAP
38	March 3, 2009	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)	RECAP
39	March 3, 2009	Letter from Plaintiffs Counsel re Letter from Defendants Counsel to Judges Wolfson and Bongiovanni. (LESSER, SETH) (Entered: 03/03/2009)	RECAP
40	March 31, 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 View on PACER 2 Exhibit B - Class certification decision in Jones v Murphy View on PACER 3 Certificate of Service View on PACER	RECAP
41	June 9, 2009	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)	Clearinghouse
42	June 9, 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)	RECAP
	June 12, 2009	TEXT ORDER − Status Conference via telephone set for July 9, 2009 at 12:30 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: 06/12/2009)	PACER
43	June 12, 2009	Notice of Request by Pro Hac Vice Fran L. Rudich to receive Notices of Electronic Filings. (LESSER, SETH) (Entered: 06/12/2009)	RECAP
	June 12, 2009	Order on Oral Motion
44	June 29, 2009	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 View on PACER	Clearinghouse
45	June 30, 2009	ANSWER to Amended Complaint THIRD, COUNTERCLAIM against all plaintiffs by OCEAN COUNTY, THEODORE J. HUTLER, JR, SANDRA MUELLER.(CLAYTON, ROBERT) (Entered: 06/30/2009)	RECAP
46	July 1, 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)	RECAP
	July 2, 2009	Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Telephone Conference held on 7/2/2009. (mm) (Entered: 07/02/2009)	PACER
47	July 2, 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)	RECAP
	July 2, 2009	Telephone Conference
48	Aug. 18, 2009	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 View on PACER 2 Index Table of Contents and Authorities View on PACER 3 Brief View on PACER	RECAP
	Aug. 19, 2009	Set Deadlines as to 48 MOTION to Stay Proceedings, Attorney Certification and Order . Motion set for 9/21/2009 before Judge Bongiovanni will be decided on the papers. No appearance required unless notified by the Court. (mmh) (Entered: 08/19/2009)	PACER
	Aug. 19, 2009	Set/Reset Motion and R&R Deadlines/Hearings
49	Sept. 1, 2009	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 View on PACER	RECAP
	Sept. 10, 2009	TEXT ORDER − Telephone Conference set for November 6, 2009, is hereby RESCHEDULED to November 17, 2009 at 10:30 AM 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: 09/10/2009)	PACER
	Sept. 10, 2009	Order on Oral Motion
50	Sept. 16, 2009	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 View on PACER 2 Exhibit B View on PACER	RECAP
51	Sept. 17, 2009	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 View on PACER	RECAP
	Nov. 16, 2009	***Civil Case Terminated. (mmh) (Entered: 11/16/2009)	PACER
52	Nov. 16, 2009	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)	RECAP
53	Nov. 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)	RECAP
54	Nov. 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)	RECAP
	Nov. 16, 2009	Terminated Case
55	Dec. 29, 2009	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)	RECAP
56	March 16, 2010	NOTICE of Change of Address by SETH R. LESSER (LESSER, SETH) (Entered: 03/16/2010)	RECAP
	March 17, 2010	CLERK'S QUALITY CONTROL MESSAGE − The 56 NOTICE of Change of Address submitted by Seth Lesser on 3/16/2010 contains an improper signature. Only the filing user is permitted to sign electronically filed documents with an s/. IN THE FUTURE, PLEASE SUBMIT ALL DOCUMENTS WITH A PROPER SCANNED OR ELECTRONIC SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (mmh) (mmh) (Entered: 03/17/2010)	PACER
	March 17, 2010	QC - Electronic signature does not match e-filer
	Oct. 4, 2010	Text Minute Entry for proceedings held before Judge Freda L. Wolfson: Telephone Conference held on 10/4/2010. (jg, ) (Entered: 10/04/2010)	PACER
	Oct. 4, 2010	Telephone Conference
57	Nov. 8, 2010	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)	RECAP
	Nov. 10, 2010	Text Minute Entry for proceedings held before Judge Freda L. Wolfson: Telephone Conference held on 11/10/2010. (jg, ) (Entered: 12/01/2010)	PACER
	Nov. 10, 2010	Telephone Conference
58	Dec. 2, 2010	Letter from Garrick R. Slavick, Esq.. (SLAVICK, GARRICK) (Entered: 12/02/2010)	RECAP
59	Dec. 2, 2010	Letter from Garrick R. Slavick, Esq.. (SLAVICK, GARRICK) (Entered: 12/02/2010)	RECAP
	Dec. 10, 2010	Text Minute Entry for proceedings held before Judge Freda L. Wolfson: Telephone Conference held on 12/10/2010. (jg, ) (Entered: 12/10/2010)	PACER
	Dec. 10, 2010	Telephone Conference
60	Jan. 3, 2011	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)	RECAP
61	Feb. 18, 2011	Letter from William Riback, Esquire. (RIBACK, WILLIAM) (Entered: 02/18/2011)	RECAP
	Feb. 23, 2011	Text Minute Entry for proceedings held before Judge Freda L. Wolfson: Telephone Conference held on 2/23/2011. (jg, ) (Entered: 03/01/2011)	PACER