Case: Lima v. Newark Police Department

2:08-cv-00426 | U.S. District Court for the District of New Jersey

Filed Date: Jan. 23, 2008

Closed Date: 2012

Clearinghouse coding complete

Case Summary

Plaintiff, the editor of a local newspaper, filed a lawsuit in the U.S. District Court of Massachusetts against the Newark Police Department on January 23, 2008 under 42 U.S.C. § 1983 and N.J.S.A. 10:6-1. Plaintiff, represented by attorneys from Seton Hall University School of Law and the ACLU of New Jersey, sought damages, alleging that police officers violated his First Amendment right to receive and record information for later dissemination, Fourth Amendment right to be free from unlawful s…

Plaintiff, the editor of a local newspaper, filed a lawsuit in the U.S. District Court of Massachusetts against the Newark Police Department on January 23, 2008 under 42 U.S.C. § 1983 and N.J.S.A. 10:6-1. Plaintiff, represented by attorneys from Seton Hall University School of Law and the ACLU of New Jersey, sought damages, alleging that police officers violated his First Amendment right to receive and record information for later dissemination, Fourth Amendment right to be free from unlawful searches and seizures, corresponding provisions in the New Jersey State Constitution, and the New Jersey Reporter Shield Law. Specifically, plaintiff's allegations revolved around an August 4, 2007 incident in which Newark Police Department officers confiscated a photographer's camera and detained plaintiff under threat of arrest until he agreed to turn over all copies of photographs related to a murder in a rash of violence in the city described as an embarrassment to local law enforcement.

On December 23, 2009, plaintiff petitioned for judgment after agreeing with the Newark Police Department to settle the case in the amount of $55,000. On the same day, plaintiff also filed a Request to File an Application for Attorneys' Fees. In entering judgment on February 22, 2010, the District Court (Judge Faith S. Hochberg) granted the judgment in the amount of $55,000 and denied plaintiff's request for attorneys' fees on the grounds that the settlement agreement included all attorneys' fees.

Plaintiff appealed that decision to the Third Circuit Court of Appeals on March 9, 2010. On July 19, 2011, the Court of Appeals (Judge Thomas M. Hardiman) reversed the District Court and held that, since the offer of settlement did not explicitly reference the inclusion of fees, attorneys' fees were not included in the settlement. The case was remanded to the District Court to determine reasonable attorneys' fees pursuant to 42 U.S.C. § 1988.

On October 13, 2011, the parties settled the remaining attorneys' fees claim. On October 24, 2011, the District Court (Judge Faith S. Hochberg) ordered the case closed. Plaintiff entered a notice that the judgment of $55,000, and additional attorneys' fees, had been paid in full on October 23, 2012.

Summary Authors

Brendan Brown (9/21/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4309345/parties/lima-v-newark-police-department/


Judge(s)

Aldisert, Ruggero John (California)

Hardiman, Thomas Michael (Pennsylvania)

Hochberg, Faith S. (New Jersey)

Shwartz, Patty (New Jersey)

Sloviter, Dolores Korman (Pennsylvania)

Attorneys(s) for Plaintiff

Azmy, Baher (New York)

Barocas, Edward (New Jersey)

Gabor, Steven M. (New Jersey)

Goldberg, Emily B. (New Jersey)

Moses, Barbara (New Jersey)

Judge(s)

Aldisert, Ruggero John (California)

Hardiman, Thomas Michael (Pennsylvania)

Hochberg, Faith S. (New Jersey)

Shwartz, Patty (New Jersey)

Sloviter, Dolores Korman (Pennsylvania)

Attorneys(s) for Plaintiff

Azmy, Baher (New York)

Barocas, Edward (New Jersey)

Gabor, Steven M. (New Jersey)

Goldberg, Emily B. (New Jersey)

Moses, Barbara (New Jersey)

Norwick, Michael A. (New Jersey)

Attorneys(s) for Defendant

Bhalla, Ravinder S. (New Jersey)

Cho, Monica Y. (New Jersey)

Lipshutz, Gary S. (New Jersey)

Navas, Diego F. (New Jersey)

Polak, Frederick Benno (New Jersey)

Ricci, Ronald J. (New Jersey)

Expert/Monitor/Master

Bissell, John Winslow (New Jersey)

Documents in the Clearinghouse

Document

2:08-cv-00426

Docket

Oct. 23, 2012

Oct. 23, 2012

Docket
1

2:08-cv-00426

Complaint

Jan. 23, 2008

Jan. 23, 2008

Complaint
55

2:08-cv-00426

Amended Complaint

Jan. 5, 2009

Jan. 5, 2009

Complaint
157

2:08-cv-00426

Notice of Settlement

Feb. 22, 2010

Feb. 22, 2010

Order/Opinion
003110621383

2:08-cv-00426

0:10-01743

Opinion of the Court

U. S. Court of Appeals for the Third Circuit

658 F.3d 324

July 19, 2011

July 19, 2011

Order/Opinion
184

2:08-cv-00426

Satisfaction of Judgment

Oct. 23, 2012

Oct. 23, 2012

Notice Letter

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4309345/lima-v-newark-police-department/

Last updated Aug. 5, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against NEWARK POLICE DEPARTMENT, GARRY MCCARTHY, SAMUEL DEMAIO, LYDELL JAMES, JOHN DOE ( Filing fee $ 350 receipt number 1828192.), filed by ROBERTO LIMA. (Attachments: # 1 CIV COV SHT)(dr, ) (Entered: 01/25/2008)

Jan. 23, 2008

Jan. 23, 2008

PACER
2

Summons Issued as to NEWARK POLICE DEPARTMENT, GARRY MCCARTHY, SAMUEL DEMAIO, LYDELL JAMES. Days Due - 20. (dr, ) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

PACER
3

ANSWER to Complaint by NEWARK POLICE DEPARTMENT. (Attachments: # 1 cover letter)(NAVAS, DIEGO) (Entered: 02/29/2008)

Feb. 29, 2008

Feb. 29, 2008

PACER
4

SCHEDULING ORDER, ( Scheduling Conference set for 5/16/2008 12:00 PM in Newark - Courtroom 10 before Magistrate Judge Patty Shwartz.) Signed by Magistrate Judge Patty Shwartz on 3/13/08. (aa, ) (Entered: 03/14/2008)

March 13, 2008

March 13, 2008

PACER
5

ANSWER to Complaint by GARRY MCCARTHY. (Attachments: # 1 Cover letter)(NAVAS, DIEGO) (Entered: 03/31/2008)

March 31, 2008

March 31, 2008

PACER
6

ANSWER to Complaint by SAMUEL DEMAIO. (Attachments: # 1 cover letter)(NAVAS, DIEGO) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

PACER
7

ANSWER to Complaint by LYDELL JAMES. (Attachments: # 1 cover letter)(NAVAS, DIEGO) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

PACER
8

STATUS REPORT Joint Discovery Plan by ROBERTO LIMA, NEWARK POLICE DEPARTMENT, GARRY MCCARTHY, SAMUEL DEMAIO, LYDELL JAMES, JOHN DOE. (AZMY, BAHER) (Entered: 05/12/2008)

May 12, 2008

May 12, 2008

PACER
9

PRETRIAL SCHEDULING ORDER: Settlement Conference set for 6/25/2008 11:00 AM before Magistrate Judge Patty Shwartz. Final Pretrial Conference set for 2/3/2009 01:00 PM before Magistrate Judge Patty Shwartz. Fact Discovery due by 11/11/2008; etc.. Signed by Magistrate Judge Patty Shwartz on 5/16/08. (sr, ) (Entered: 05/19/2008)

May 16, 2008

May 16, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Scheduling Conference held on 5/16/2008. (aa, )

May 16, 2008

May 16, 2008

PACER

TEXTORDER, (The settlement conference scheduled for June 25, 2008 has been rescheduled for 8/11/2008 01:00 PM before Magistrate Judge Patty Shwartz. Trial counsel and clients with full settlement authority are required to attend.)ORDERED by Magistrate Judge Patty Shwartz on 6/16/08. (Liriano, I)

June 16, 2008

June 16, 2008

PACER
10

NOTICE of Appearance by EMILY B. GOLDBERG on behalf of ROBERTO LIMA (GOLDBERG, EMILY) (Entered: 08/11/2008)

Aug. 11, 2008

Aug. 11, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Settlement Conference held on 8/11/2008. (aa, )

Aug. 11, 2008

Aug. 11, 2008

PACER
11

ORDER ON INFORMAL APPL. & AMENDED PRETRIAL SCHEDULING ORDER, ( Amended Pleadings due by 9/26/2008., Discovery due by 11/11/2008., Pretrial Order due by 1/27/2009., Final Pretrial Conference set for 2/3/2009 01:00 PM before Magistrate Judge Patty Shwartz., Status Conference set for 10/21/2008 01:00 PM before Magistrate Judge Patty Shwartz.); etc.. Signed by Magistrate Judge Patty Shwartz on 8/11/08. (DD, ) (Entered: 08/12/2008)

Aug. 12, 2008

Aug. 12, 2008

PACER
12

Letter from Emily B. Goldberg re: Unresolved Discovery Disputes. (Attachments: # 1 Affidavit of Emily B. Goldberg)(GOLDBERG, EMILY) (Entered: 09/04/2008)

Sept. 4, 2008

Sept. 4, 2008

PACER
13

Exhibit to 12 Letter by ROBERTO LIMA. (GOLDBERG, EMILY) (Entered: 09/05/2008)

Sept. 5, 2008

Sept. 5, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Telephone Conference held on 9/8/2008. (aa, )

Sept. 8, 2008

Sept. 8, 2008

PACER
14

ORDER ON INFORMAL APPL. that, no later than 9/15/08, the defts. shall produce the statistics subm. to the Atty. Gen. that reflect cmps. that members of the Police Dept. arrested a person w/out probable cause; that, no later than 9/10/08, the pltf. file his Amended Cmp. that substitutes the "John Doe" for the individual he believes participated in his arrest; that any consent order or motion for leave to file a Second Amended Cmp. shall be fld. no later than 10/13/08; that all other deadlines remain unchanged.. Signed by Magistrate Judge Patty Shwartz on 9/8/08. (DD, ) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
15

AMENDED COMPLAINT against all defendants all defendants., filed by ROBERTO LIMA.(GOLDBERG, EMILY) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
16

Request for Summons to be Issued by ROBERTO LIMA as to JOSE ALICEA. (GOLDBERG, EMILY) (Entered: 09/11/2008)

Sept. 11, 2008

Sept. 11, 2008

PACER
17

SUMMONS ON AMENDED CMP. Issued as to JOSE ALICEA. Days Due - 20. [mailed to counsel] (DD, ) (Entered: 09/12/2008)

Sept. 12, 2008

Sept. 12, 2008

PACER
18

Letter from Plaintiff requesting enlargement of discovery deadlines. (GOLDBERG, EMILY) (Entered: 10/08/2008)

Oct. 8, 2008

Oct. 8, 2008

PACER
19

Letter request from plaintiff extending time to amend complt. and complete discovery. (mn, ) (Entered: 10/09/2008)

Oct. 9, 2008

Oct. 9, 2008

PACER
20

ORDER ON INFORMAL APPL. & SECOND AMENDED PRETRIAL SCHEDULING ORDER, ( Amended Pleadings due by 11/13/2008., Discovery due by 12/15/2009., Joinder of Parties due by 11/13/2008., Pretrial Order due by 1/27/2009., Final Pretrial Conference set for 2/3/2009 01:00 PM before Magistrate Judge Patty Shwartz., Telephone/Status Conference set for 10/21/2008 01:00 PM before Magistrate Judge Patty Shwartz.); etc.. Signed by Magistrate Judge Patty Shwartz on 10/10/08. (DD, ) (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

PACER

TEXT ORDER, (The telephone conference scheduled for 10/21/08 has been rescheduled for 11/7/2008 at 09:30 AM before Magistrate Judge Patty Shwartz. Plaintiff shall initiate the telephone call.)ORDERED by Magistrate Judge Patty Shwartz on 10/15/08. (Liriano, I)

Oct. 15, 2008

Oct. 15, 2008

PACER
21

TRANSCRIPT of Proceedings held on September 8, 2008 before Judge Shwartz. Court Reporter/Recorder: King Transcription Services. PLEASE NOTE: The complete transcript of these proceedings is maintained in paper format on file in the Clerks Office. To request copies of this transcript, contact the Official Court Reporter or Transcription Service who prepared the transcript. (ji, ) (Entered: 10/16/2008)

Oct. 16, 2008

Oct. 16, 2008

PACER
22

Letter from Emily B. Goldberg re: deposition dispute. (Attachments: # 1 Exhibit A)(GOLDBERG, EMILY) (Entered: 10/31/2008)

Oct. 31, 2008

Oct. 31, 2008

PACER
23

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Telephone Conference held on the record on 11/5/2008. (CD #S08-22.) (aa, )

Nov. 5, 2008

Nov. 5, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Telephone Conference held on 11/7/2008. (aa, )

Nov. 7, 2008

Nov. 7, 2008

PACER
24

Letter from Emily B. Goldberg (defendants' positions by Diego Navas) re: disputes. (Attachments: # 1 Exhibit)(GOLDBERG, EMILY) (Entered: 11/10/2008)

Nov. 10, 2008

Nov. 10, 2008

PACER
25

ORDER ON INFORMAL APPL. that the parties shall present the joint letter setting for disc. disputes for which court-intervention is needed no later than 11/10/08 @ 4:00 p.m.; that no later than 11/10/08, the parties shall provide the Court w/the dates on which the remaining deposition shall be taken; etc.. Signed by Magistrate Judge Patty Shwartz on 11/7/08. (DD, ) (Entered: 11/12/2008)

Nov. 12, 2008

Nov. 12, 2008

PACER
26

ORDER ON INFORMAL APPL. that the deposition of Detective James shall take place on 11/19/08; that no later than 11/17/08, defts. shall provide a date for the deposition of Officer Alicea; granting request to reopen the deposition of Officer Silva; granting request to extend the deadline to join parties; etc.. Signed by Magistrate Judge Patty Shwartz on 11/11/08. (DD, ) (Entered: 11/13/2008)

Nov. 13, 2008

Nov. 13, 2008

PACER
27

Letter from Emily B. Goldberg, Esq.. (GOLDBERG, EMILY) (Entered: 11/17/2008)

Nov. 17, 2008

Nov. 17, 2008

PACER
28

Letter from Diego Navas. (Attachments: # 1 Exhibit)(NAVAS, DIEGO) (Entered: 12/02/2008)

Dec. 2, 2008

Dec. 2, 2008

PACER
29

Letter from Emily B. Goldberg providing plaintiff's response to defendants' unilateral letter re 28 Letter. (GOLDBERG, EMILY) (Entered: 12/02/2008)

Dec. 2, 2008

Dec. 2, 2008

PACER
30

MOTION to Amend/Correct 15 Amended Complaint by ROBERTO LIMA. (Attachments: # 1 Brief in support of motion to amend complaint, # 2 Certification of Emily B. Goldberg, with exhibits attached, # 3 Proposed Second Amended Complaint, # 4 Text of Proposed Order, # 5 Certificate of Service)(GOLDBERG, EMILY) (Entered: 12/02/2008)

Dec. 2, 2008

Dec. 2, 2008

PACER
31

Letter from Emily B. Goldberg requesting Protective Order re: Immigration Status inquiries. (GOLDBERG, EMILY) (Entered: 12/02/2008)

Dec. 2, 2008

Dec. 2, 2008

PACER
32

ORDER ON INFORMAL APPL. that the request for court-intervention concerning the disputes set forth in the letter dated 12/2/08 is denied w/out prejudice; that if defts. intend to ask a deponent about his or her immigration status, then the parties shall contact Chmbrs. from the deposition for a ruling before the question is asked; etc.. Signed by Magistrate Judge Patty Shwartz on 12/2/08. (DD, ) (Entered: 12/03/2008)

Dec. 3, 2008

Dec. 3, 2008

PACER
33

ORDER ON INFORMAL APPL. that the request for a protective order is denied at this time & the dispute shall be raised as set forth in the Order dated 12/2/08.. Signed by Magistrate Judge Patty Shwartz on 12/3/08. (DD, ) (Entered: 12/04/2008)

Dec. 4, 2008

Dec. 4, 2008

PACER
34

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 12/04/2008)

Dec. 4, 2008

Dec. 4, 2008

PACER

Set Deadlines as to 30 MOTION to Amend/Correct 15 Amended Complaint MOTION to Amend/Correct 15 Amended Complaint. Motion set for 1/5/2009 before Judge Faith S. Hochberg. The motion will be decided on the papers. No appearances required unless notified by the court. (DD, )

Dec. 4, 2008

Dec. 4, 2008

PACER
35

ORDER ON INFORMAL APPL. that the defts' opposition to motion for leave to file an Amended Cmp. shall be subm. no later than 12/17/08 & the reply shall be subm. no later than 12/23/08. The motion will be deemed fully subm. on 12/23/08.. Signed by Magistrate Judge Patty Shwartz on 12/4/08. (DD, ) (Entered: 12/05/2008)

Dec. 5, 2008

Dec. 5, 2008

PACER
36

Letter from Emily B. Goldberg re 32 Order on Oral Motion,. (GOLDBERG, EMILY) (Entered: 12/05/2008)

Dec. 5, 2008

Dec. 5, 2008

PACER
37

ORDER granting pltf's request that the defts notify pltf's counsel of the specific caselaw upon which they will rely, no later than 10:00 a.m. on 12/9/08, etc. Signed by Magistrate Judge Patty Shwartz on 12/5/08. (jd, ) (Entered: 12/08/2008)

Dec. 8, 2008

Dec. 8, 2008

PACER
38

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 12/08/2008)

Dec. 8, 2008

Dec. 8, 2008

PACER
39

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 12/09/2008)

Dec. 9, 2008

Dec. 9, 2008

PACER
40

Letter from Emily B. Goldberg re: Depositions to be held on 12/10/08 re 39 Letter. (GOLDBERG, EMILY) (Entered: 12/09/2008)

Dec. 9, 2008

Dec. 9, 2008

PACER
41

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 12/09/2008)

Dec. 9, 2008

Dec. 9, 2008

PACER
42

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 12/11/2008)

Dec. 11, 2008

Dec. 11, 2008

PACER
43

Letter from Emily B. Goldberg re: urgent need to remove defendants' 12/9/08 letter from ECF re 40 Letter, 39 Letter. (GOLDBERG, EMILY) (Entered: 12/11/2008)

Dec. 11, 2008

Dec. 11, 2008

PACER
44

ORDER ON INFORMAL APPL. that no later than 12/16/08, the pltf. shall provide the defts. w/addresses & telephone #'s for Messr. Blanco & Quodomine & the names of their counsel or certify that he does not have an address or telephone # for them other than their work addresses; that the request to seal Docket #39 is denied; etc.. Signed by Magistrate Judge Patty Shwartz on 12/10/08. (DD, ) (Entered: 12/11/2008)

Dec. 11, 2008

Dec. 11, 2008

PACER
45

ORDER ON INFORMAL APPL. that the request to seal the defts' 12/9/08 letter is DENIED.. Signed by Magistrate Judge Patty Shwartz on 12/11/08. (DD, ) (Entered: 12/15/2008)

Dec. 15, 2008

Dec. 15, 2008

PACER
46

ORDER ON INFORMAL APPL. that the request to adjourning depositions pending resolution of the motion for leave to file an Amended Cmp. is DENIED; that all depositions shall be completed no later than 1/15/09; that all deadlines shall remain unchanged, except that the deadlines assoc. w/motion for summary judgment are vacated & will be set at the Final Pretrial Cnf.. Signed by Magistrate Judge Patty Shwartz on 12/11/08. (DD, ) (Entered: 12/15/2008)

Dec. 15, 2008

Dec. 15, 2008

PACER
47

RESPONSE to Motion re 30 MOTION to Amend/Correct 15 Amended Complaint MOTION to Amend/Correct 15 Amended Complaint filed by NEWARK POLICE DEPARTMENT, GARRY MCCARTHY, JOSE ALICEA, SAMUEL DEMAIO, LYDELL JAMES. (Attachments: # 1 Certification, # 2 Exhibit, # 3 Certificate of Service, # 4 filing cover letter)(NAVAS, DIEGO) (Entered: 12/17/2008)

Dec. 17, 2008

Dec. 17, 2008

PACER
48

Letter from Emily B. Goldberg re: failure to produce defendant Demaio for deposition. (Attachments: # 1 Exhibit December 10, 2008 Order by Judge Shwartz)(GOLDBERG, EMILY) (Entered: 12/19/2008)

Dec. 19, 2008

Dec. 19, 2008

PACER

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Telephone Conference held on the record on 12/22/2008. (CD #S08-28.) (aa, )

Dec. 22, 2008

Dec. 22, 2008

PACER
49

RESPONSE in Support re 30 MOTION to Amend/Correct 15 Amended Complaint MOTION to Amend/Correct 15 Amended Complaint filed by ROBERTO LIMA. (Attachments: # 1 Affidavit of Emily B. Goldberg, # 2 Certificate of Service)(GOLDBERG, EMILY) (Entered: 12/23/2008)

Dec. 23, 2008

Dec. 23, 2008

PACER
50

Letter re 49 Response in Support of Motion. (GOLDBERG, EMILY) (Entered: 12/23/2008)

Dec. 23, 2008

Dec. 23, 2008

PACER
51

ORDER ON INFORMAL APPL. & THIRD AMENDED PRETRIAL SCHEDULING ORDER, ( Fact Discovery due by 1/29/2009., Proposed Pretrial Order due by 3/24/2009., Final Pretrial Conference set for 4/2/2009 01:00 PM before Magistrate Judge Patty Shwartz.); etc.. Signed by Magistrate Judge Patty Shwartz on 12/22/08. (DD, ) (Entered: 12/24/2008)

Dec. 24, 2008

Dec. 24, 2008

PACER
52

RESPONSE in Support re 30 MOTION to Amend/Correct 15 Amended Complaint MOTION to Amend/Correct 15 Amended Complaint Correction Version with Exhibits filed by ROBERTO LIMA. (Attachments: # 1 Affidavit (Corrected, filed with exhibits), # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I, # 6 Exhibit J, # 7 Exhibit K, # 8 Index L, # 9 Exhibit Exhibit M, # 10 Exhibit N, # 11 Exhibit O, # 12 Exhibit P, # 13 Exhibit Q, # 14 Exhibit R)(GOLDBERG, EMILY) (Entered: 12/24/2008)

Dec. 24, 2008

Dec. 24, 2008

PACER
53

Certification of Certification of Service for Corrected Reply brief on behalf of ROBERTO LIMA Re 52 Response in Support of Motion,. (GOLDBERG, EMILY) (Entered: 12/24/2008)

Dec. 24, 2008

Dec. 24, 2008

PACER
54

ORDER granting 30 Motion to Amend/Correct Cmp., no later than 1/6/09; that Rule 26 disclosures & doc. demands shall be served upon deft., Latorre by 1/15/09 & deft., Monell no later than 1/9/09; etc.. Signed by Magistrate Judge Patty Shwartz on 12/24/08. (DD, ) (Entered: 12/30/2008)

Dec. 30, 2008

Dec. 30, 2008

PACER
55

AMENDED COMPLAINT (Second) against all defendants all defendants., filed by ROBERTO LIMA.(GOLDBERG, EMILY) (Entered: 01/05/2009)

Jan. 5, 2009

Jan. 5, 2009

RECAP
56

Request for Summons to be Issued by ROBERTO LIMA as to MICHAEL LATORRE. (GOLDBERG, EMILY) (Entered: 01/06/2009)

Jan. 6, 2009

Jan. 6, 2009

PACER
57

Request for Summons to be Issued by ROBERTO LIMA as to Marquis Carter. (GOLDBERG, EMILY) (Entered: 01/06/2009)

Jan. 6, 2009

Jan. 6, 2009

PACER
58

Request for Summons to be Issued by ROBERTO LIMA as to JOHN BREWINGTON. (GOLDBERG, EMILY) (Entered: 01/06/2009)

Jan. 6, 2009

Jan. 6, 2009

PACER
59

Request for Summons to be Issued by ROBERTO LIMA as to ROMESH SUKHDEO. (GOLDBERG, EMILY) (Entered: 01/06/2009)

Jan. 6, 2009

Jan. 6, 2009

PACER
60

Request for Summons to be Issued by ROBERTO LIMA as to ROGER J. IMHOF. (GOLDBERG, EMILY) (Entered: 01/06/2009)

Jan. 6, 2009

Jan. 6, 2009

PACER
61

SUMMONS ON AMENDED CMP. [SECOND]Issued as to MICHAEL LATORRE, Marquis Carter, JOHN BREWINGTON, ROMESH SUKHDEO, ROGER J. IMHOF. Days Due - 20 [mailed to counsel] (DD, ) (Entered: 01/08/2009)

Jan. 8, 2009

Jan. 8, 2009

PACER
62

Notice of Pro Bono Appearance by STEVEN M. GABOR on behalf of ROBERTO LIMA (GABOR, STEVEN) (Entered: 01/15/2009)

Jan. 15, 2009

Jan. 15, 2009

PACER
63

Letter from Emily B. Goldberg. (GOLDBERG, EMILY) (Entered: 01/15/2009)

Jan. 15, 2009

Jan. 15, 2009

PACER
64

NOTICE of Appearance by MONICA Y. CHO on behalf of SAMUEL DEMAIO, LYDELL JAMES (CHO, MONICA) (Entered: 01/19/2009)

Jan. 19, 2009

Jan. 19, 2009

PACER
65

ORDER ON INFORMAL APPL. & FOURTH AMENDED PRETRIAL SCHEDULING ORDER, ( Fact Discovery due by 2/10/2009., Dispositive Motions due by 2/20/2009., Pretrial Order due by 3/24/2009., Final Pretrial Conference set for 4/2/2009 10:00 AM before Magistrate Judge Patty Shwartz.); etc.. Signed by Magistrate Judge Patty Shwartz on 1/16/09. (DD, ) (Entered: 01/20/2009)

Jan. 20, 2009

Jan. 20, 2009

PACER
66

Letter from Emily B. Goldberg requesting clarification of 12/24/08 Order. (GOLDBERG, EMILY) (Entered: 01/21/2009)

Jan. 21, 2009

Jan. 21, 2009

PACER
67

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 01/21/2009)

Jan. 21, 2009

Jan. 21, 2009

PACER
68

ORDER ON INFORMAL APPL. that the request for "clarification" of the 12/24/08 Order is DENIED.. Signed by Magistrate Judge Patty Shwartz on 1/22/09. (DD, ) (Entered: 01/23/2009)

Jan. 23, 2009

Jan. 23, 2009

PACER
69

Substitution of Attorney - Attorney RAVINDER S. BHALLA and MONICA Y. CHO for SAMUEL DEMAIO and LYDELL JAMES added. Attorney DIEGO F. NAVAS terminated.. (CHO, MONICA) (Entered: 01/26/2009)

Jan. 26, 2009

Jan. 26, 2009

PACER
70

Letter from Monica Y. Cho, Esq. Counsel for Samuel DeMaio and Lydell James. (CHO, MONICA) (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
71

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 01/30/2009)

Jan. 30, 2009

Jan. 30, 2009

PACER
72

ANSWER to Complaint with Jury Demand Separate Defenses, CROSSCLAIM against NEWARK POLICE DEPARTMENT by MICHAEL LATORRE.(RICCI, RONALD) (Entered: 02/02/2009)

Feb. 2, 2009

Feb. 2, 2009

PACER

TEXT ORDER, (There shall be a telephone conference set for 2/6/2009 at 01:15 PM before Magistrate Judge Patty Shwartz. Mr. Navas shall initiate the call.)ORDERED by Magistrate Judge Patty Shwartz on 2/3/09. (drc, )

Feb. 3, 2009

Feb. 3, 2009

PACER
73

ORDER granting defts., CITY OF NEWARK & GARRY MCCARTHY's request for a 5 day extension of the date to respond to pltf's doc. demands until 2/5/09; all other deadlines remain unchanged.. Signed by Magistrate Judge Patty Shwartz on 1/30/09. (DD, ) (Entered: 02/03/2009)

Feb. 3, 2009

Feb. 3, 2009

PACER
74

Letter from Ronald J. Ricci. (RICCI, RONALD) (Entered: 02/04/2009)

Feb. 4, 2009

Feb. 4, 2009

PACER
75

Substitution of Attorney - Attorney RONALD J. RICCI and RONALD J. RICCI for MICHAEL LATORRE and JOSE ALICEA added.. (RICCI, RONALD) (Entered: 02/04/2009)

Feb. 4, 2009

Feb. 4, 2009

PACER
76

ANSWER to Amended Complaint, CROSSCLAIM against NEWARK POLICE DEPARTMENT by SAMUEL DEMAIO, LYDELL JAMES.(CHO, MONICA) (Entered: 02/13/2009)

Feb. 13, 2009

Feb. 13, 2009

RECAP

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Telephone Conference held on the record on 2/13/2009. (CD #S09-4.) (aa, )

Feb. 13, 2009

Feb. 13, 2009

PACER
77

Letter from Steven M. Gabor. (GABOR, STEVEN) (Entered: 02/17/2009)

Feb. 17, 2009

Feb. 17, 2009

PACER
78

ORDER ON INFORMAL APPL. & FIFTH AMENDED PRETRIAL SCHEDULING ORDER, ( Fact Discovery due by 4/10/2009., Dispositive Motions due by 4/24/2009., Pretrial Order due by 5/19/2009., Final Pretrial Conference set for 5/28/2009 10:00 AM before Magistrate Judge Patty Shwartz.); etc.. Signed by Magistrate Judge Patty Shwartz on 2/13/09. (DD, ) (Entered: 02/17/2009)

Feb. 17, 2009

Feb. 17, 2009

PACER
79

First MOTION for Default Judgment as to Roger Imhof, Romesh Sukhdeo, John Brewington and Marquis Carter by ROBERTO LIMA. (GABOR, STEVEN) (Entered: 02/27/2009)

Feb. 27, 2009

Feb. 27, 2009

PACER

Set Deadlines as to 79 First MOTION for Default Judgment as to Roger Imhof, Romesh Sukhdeo, John Brewington and Marquis Carter. Motion set for 4/6/2009 before Judge Faith S. Hochberg. The motion will be decided on the papers. No appearances required unless notified by the court. (DD, )

March 1, 2009

March 1, 2009

PACER
80

ORDER terminating 79 Motion for Default Judgment; Pltf. subm. a proper request for the entry of Default by 3/13/09 then Pltf. may resubm. its Motion for Default Judgment.. Signed by Judge Faith S. Hochberg on 3/3/09. (DD, ) (Entered: 03/03/2009)

March 3, 2009

March 3, 2009

PACER
81

NOTICE of Appearance by FREDERICK BENNO POLAK on behalf of Marquis Carter, JOHN BREWINGTON, ROMESH SUKHDEO, ROGER J. IMHOF (POLAK, FREDERICK) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
82

Letter from Frederick B. Polak, Esq.. (POLAK, FREDERICK) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Telephone Conference held on 3/12/2009. (aa, )

March 12, 2009

March 12, 2009

PACER
83

ORDER ON INFORMAL APPLICATION & SIXTH AMENDED PRETRIAL SCHEDULING ORDER: Final Pretrial Conference set for 9/14/2009 01:00 PM before Magistrate Judge Patty Shwartz., Discovery due by 6/19/2009; etc. Signed by Magistrate Judge Patty Shwartz on 3/12/09. (sr, ) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

PACER
84

Letter from Emily B. Goldberg. (GOLDBERG, EMILY) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

PACER
85

Letter from Frederick B. Polak, Esq. re 84 Letter. (POLAK, FREDERICK) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

PACER
86

ORDER ON INFORMAL APPL. that the pltf. shall make available his entire file of disc., pleadings & correspondence, regardless of the source, & a copy machine for use by the Essex County defts. on 3/18/09 so they may obtain copies of the materials exchanged in this case; that all other terms of the order dated 3/12/09 shall remain in full force & effect.. Signed by Magistrate Judge Patty Shwartz on 3/13/09. (DD, ) (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

PACER
87

Letter from Emily B. Goldberg, Esq.. (Attachments: # 1 Certification of Emily B. Goldberg, Esq., # 2 Exhibit A-D, # 3 Certificate of Service)(GOLDBERG, EMILY) (Entered: 03/23/2009)

March 23, 2009

March 23, 2009

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Policing

Key Dates

Filing Date: Jan. 23, 2008

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

the editor of a local newspaper

Plaintiff Type(s):

City/County Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Newark Police Department (Newark, Essex), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $55,000.00

Issues

General:

Aggressive behavior

Discrimination-basis:

Immigration status

National Origin/Ethnicity:

Other