Case: Holland v. Rosen

1:17-cv-04317 | U.S. District Court for the District of New Jersey

Filed Date: June 14, 2017

Closed Date: Oct. 31, 2018

Clearinghouse coding complete

Case Summary

On June 14, 2017, a man awaiting criminal trial and Lexington National Insurance Corporation, a bail bond company, filed this lawsuit in the U.S. District Court for the District of New Jersey. The case was assigned to Judge Jerome Simandle. The plaintiffs sued the state of New Jersey under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs alleged that a New Jersey state law, the Criminal Justice Reform Act (CJRA), violated the bail provision of the Eighth Amendment, due process u…

On June 14, 2017, a man awaiting criminal trial and Lexington National Insurance Corporation, a bail bond company, filed this lawsuit in the U.S. District Court for the District of New Jersey. The case was assigned to Judge Jerome Simandle. The plaintiffs sued the state of New Jersey under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs alleged that a New Jersey state law, the Criminal Justice Reform Act (CJRA), violated the bail provision of the Eighth Amendment, due process under the Fourteenth Amendment, and freedom from unreasonable search and seizure under the Fourth Amendment. The CJRA required that pretrial release by monetary bail occur only if a criminal court court found that non-monetary conditions were inadequate. The plaintiffs sought damages, declaratory relief, and injunctive relief.

On the same day that the plaintiffs filed their complaint, the plaintiffs also filed a motion for a preliminary injunction that would enjoin the provisions of the CJRA that they deemed unconstitutional.

On July 28, 2017, the state filed a brief in opposition to the motion for a preliminary injunction and moved to dismiss the case for failure to state a claim. The same day, the American Civil Liberties Union, American Civil Liberties Union of New Jersey, Drug Policy Alliance, Latino Action Network, and National Association for the Advancement of Colored People – New Jersey State Conference jointly moved to participate as amici curiae in support of the defendant. All of these civil rights organizations would be represented by one ACLU lawyer. These prospective amici also filed a brief in opposition to the plaintiff’s motion for a preliminary injunction.

On September 21, 2017, the court denied the the plaintiffs’ motion for a preliminary injunction. The court held that the plaintiffs’ case was unlikely to succeed on the merits and that the plaintiffs were unlikely to suffer irreparable harm without an injunction. Judge Simandle also stated that the accused plaintiff was a bad class representative for a potential class action because the crime that he was on pretrial release for was particularly violent. 277 F. Supp. 3d 707. (Though the plaintiffs had not yet moved for class certification, their complaint indicated that they intended to seek it.)

Four days later, on September 25, 2017, the plaintiffs appealed the court’s decision regarding the preliminary injunction to the U.S. Court of Appeals for the Third Circuit. (Docket Number: 17-03104). In the meantime, the plaintiffs sought to pause litigation in the District Court pending a decision in the Appellate Court. The defendant protested; the Appellate Court’s decision would not affect the District Court’s decision on the merits of the case, so the state wanted to move forward. Still, the District Court granted the stay, holding that the litigation would not continue in the District Court until the Third Circuit had decided the appeal. The District Court therefore terminated the defendant’s motion to dismiss, holding it in abeyance until after the Court of Appeals rendered its decision.

The Third Circuit heard oral arguments on this case on February 21, 2018. The panel was made up of Judge Thomas L. Ambro, Judge Luis Felipe Restrepo, and Judge Julio M. Fuentes. In an opinion issued on July 9, 2018, they affirmed the district court's denial of preliminary injunction. The opinion held that there is no "federal constitutional right to deposit money or obtain a corporate surety bond to ensure a criminal defendant's future appearance in court as an equal alternative to non-monetary conditions of pretrial release." 895 F.3d 272.

The plaintiff petitioned for certiorari in the United States Supreme Court on October 1, 2018. His petition was denied on October 29. 139 S.Ct. 440. The plaintiff subsequently dismissed the suit voluntarily, and the case was terminated on October 31, 2018.

Summary Authors

Rebecca Strauss (5/31/2018)

Alex Moody (4/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6075963/parties/holland-v-rosen/


Judge(s)

Ambro, Thomas L. (Delaware)

Attorney for Plaintiff

Clement, Paul D. (District of Columbia)

Attorney for Defendant

Feinblatt, Stuart Mark (New Jersey)

Expert/Monitor/Master/Other

Barocas, Edward (New Jersey)

Buskey, Brandon (New York)

Documents in the Clearinghouse

Documents in this case

1:17-cv-04317

Docket [PACER]

Oct. 31, 2018

Oct. 31, 2018

Docket
1

1:17-cv-04317

Class Action Complaint

June 14, 2017

June 14, 2017

Complaint
18-2

1:17-cv-04317

Brief of Proposed Amici Curiae

July 28, 2017

July 28, 2017

Pleading / Motion / Brief
24

1:17-cv-04317

Notice of Motion to Dismiss on Behalf of State Defendants

July 28, 2017

July 28, 2017

Correspondence
59

1:17-cv-04317

Opinion

Sept. 21, 2017

Sept. 21, 2017

Order/Opinion

277 F.Supp.3d 707

BL-72

17-03104

Opinion of the Court

U.S. Court of Appeals for the Third Circuit

July 9, 2018

July 9, 2018

Order/Opinion

895 F.3d 272

18-00396

Appendix

Supreme Court of the United States

Sept. 21, 2018

Sept. 21, 2018

Supreme Court: Lower Court Record

18-00396

Petition for Writ of Certiorari

Supreme Court of the United States

Sept. 21, 2018

Sept. 21, 2018

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6075963/holland-v-rosen/

Last updated Oct. 27, 2026, 10:49 p.m.

Docket for: HOLLAND v. ROSEN
ECF Number Date Description Link
1 June 14, 2017

COMPLAINT against MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN ( Filing and Admin fee $ 400 receipt number 0312-7902618), filed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. (Attachments: # 1 Civil Cover Sheet, # 2 Certification Rule 11.2)(WILLIAMS, MICHAEL) (Entered: 06/14/2017)

1 Civil Cover Sheet

View on PACER

2 Certification Rule 11.2

View on PACER

RECAP
2 June 14, 2017

Corporate Disclosure Statement by LEXINGTON NATIONAL INSURANCE CORPORATION. (WILLIAMS, MICHAEL) (Entered: 06/14/2017)

RECAP
3 June 14, 2017

MOTION for Preliminary Injunction by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. (Attachments: # 1 Brief in Support of Motion for Preliminary Injunction, # 2 Declaration of Holland, # 3 Declaration of Wachinski, # 4 Text of Proposed Order)(WILLIAMS, MICHAEL) (Entered: 06/14/2017)

1 Brief in Support of Motion for Preliminary Injunction

View on PACER

2 Declaration of Holland

View on PACER

3 Declaration of Wachinski

View on PACER

4 Text of Proposed Order

View on PACER

RECAP
4 June 14, 2017

NOTICE of Appearance by JUSTIN TAYLOR QUINN on behalf of BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION (QUINN, JUSTIN) (Entered: 06/14/2017)

RECAP
June 14, 2017

Notice of Judicial Preferences

June 14, 2017

QC - Attorney Case Opening

June 14, 2017

Add and Terminate Judges

5 June 15, 2017

SUMMONS ISSUED as to MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *JAIME KASSELMAN* (jbk, ) (Entered: 06/15/2017)

RECAP
6 June 21, 2017

SUMMONS Returned Executed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. KELLY ROSEN served on 6/19/2017, answer due 7/10/2017. (QUINN, JUSTIN) (Entered: 06/21/2017)

RECAP
7 June 21, 2017

SUMMONS Returned Executed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. CHRISTOPHER PORRINO served on 6/16/2017, answer due 7/7/2017. (QUINN, JUSTIN) (Entered: 06/21/2017)

RECAP
8 June 21, 2017

SUMMONS Returned Executed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. MARY E COLALILLO served on 6/16/2017, answer due 7/7/2017. (QUINN, JUSTIN) (Entered: 06/21/2017)

RECAP
9 June 27, 2017

TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Jerome B. Simandle for all further proceedings. Judge Renee Marie Bumb no longer assigned to case. So Ordered by Chief Judge Jose L. Linares on 6/27/2017. (mmb, ) (Entered: 06/27/2017)

RECAP
10 June 27, 2017

NOTICE of Appearance by CHRISTOPHER JOSEPH RIGGS on behalf of MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN (RIGGS, CHRISTOPHER) (Entered: 06/27/2017)

RECAP
11 June 27, 2017

NOTICE of Appearance by STUART MARK FEINBLATT on behalf of MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN (FEINBLATT, STUART) (Entered: 06/27/2017)

RECAP
12 June 27, 2017

TEXT ORDER : All counsel are requested to participate in a telephone conference with the undersigned regarding Plaintiffs' Motion for Preliminary Injunction [Docket Item 3] for the purposes of setting the briefing schedule and hearing date and addressing any logistical concerns. Plaintiffs' counsel, Justin Quinn, Esq., is requested to arrange the conference call on Friday, June 30, 2017 at 11:00 A.M. So Ordered by Judge Jerome B. Simandle on 6/27/17. (mb, ) (Entered: 06/27/2017)

RECAP
June 27, 2017

Order Reassigning Case

June 27, 2017

Order

13 June 29, 2017

Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J. re 12 Order,. (QUINN, JUSTIN) (Entered: 06/29/2017)

RECAP
14 June 30, 2017

SCHEDULING ORDER: Telephone Conference set for 8/14/2017 at 1:00 PM before Judge Jerome B. Simandle. Deadlines as to 3 MOTION for Preliminary Injunction . Responses due by 7/28/2017, Replies due by 8/7/2017., Motion hearing set for 8/17/2017 at 10:00 AM in Camden - Courtroom 4A before Judge Jerome B. Simandle. Signed by Judge Jerome B. Simandle on 6/30/2017. (dmr, ) (Entered: 06/30/2017)

RECAP
15 July 21, 2017

MOTION for Leave to Appear Pro Hac Vice by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. (Attachments: # 1 Statement of Justin T. Quinn, Esq. Pursuant to L. Civ. R. 7.1(d)(4), # 2 Declaration of Justin T. Quinn, Esq., # 3 Declaration of Paul D. Clement, Esq., # 4 Declaration of Christopher G. Michel, Esq., # 5 Declaration of Andrew C. Lawrence, Esq., # 6 Text of Proposed Order, # 7 Certificate of Service)(QUINN, JUSTIN) (Entered: 07/21/2017)

1 Statement of Justin T. Quinn, Esq. Pursuant to L. Civ. R. 7.1(d)(4)

View on PACER

2 Declaration of Justin T. Quinn, Esq.

View on PACER

3 Declaration of Paul D. Clement, Esq.

View on PACER

4 Declaration of Christopher G. Michel, Esq.

View on PACER

5 Declaration of Andrew C. Lawrence, Esq.

View on PACER

6 Text of Proposed Order

View on PACER

7 Certificate of Service

View on PACER

RECAP
July 21, 2017

Set/Reset Motion and R&R Deadlines/Hearings

16 July 25, 2017

Letter from Defendants requesting permission to file an overlength brief. (FEINBLATT, STUART) (Entered: 07/25/2017)

RECAP
17 July 27, 2017

TEXT ORDER : The Court is in receipt of Defendants' July 25, 2017 letter [Docket Item 16] requesting permission to file a brief of 50 pages, rather than the 40 pages allowed under L. Civ. R. 7.2(b). The Court grants the request, for good cause shown. So Ordered by Judge Jerome B. Simandle on 7/27/17. (mb, ) (Entered: 07/27/2017)

RECAP
July 27, 2017

Order

18 July 28, 2017

First MOTION for Leave to Appear Amicus Curiae by AMERICAN CIVIL LIBERTIES UNION, ET AL.. (Attachments: # 1 Certification Certification of Alexander Shalom, # 2 Brief, # 3 Text of Proposed Order, # 4 Certificate of Service)(SHALOM, ALEXANDER) (Entered: 07/28/2017)

1 Certification Certification of Alexander Shalom

View on PACER

2 Brief

View on PACER

3 Text of Proposed Order

View on PACER

4 Certificate of Service

View on PACER

RECAP
19 July 28, 2017

First MOTION for Leave to Appear Pro Hac Vice by AMERICAN CIVIL LIBERTIES UNION, ET AL.. (Attachments: # 1 Certification Certification of Brandon J. Buskey, # 2 Certification Certification of Alexander Shalom, # 3 Text of Proposed Order)(SHALOM, ALEXANDER) (Entered: 07/28/2017)

1 Certification Certification of Brandon J. Buskey

View on PACER

2 Certification Certification of Alexander Shalom

View on PACER

3 Text of Proposed Order

View on PACER

RECAP
20 July 28, 2017

Second MOTION for Leave to Appear Pro Hac Vice by AMERICAN CIVIL LIBERTIES UNION, ET AL.. (Attachments: # 1 Certification Certification of Andrea Woods, # 2 Certification Certification of Alexander Shalom, # 3 Text of Proposed Order)(SHALOM, ALEXANDER) (Entered: 07/28/2017)

1 Certification Certification of Andrea Woods

View on PACER

2 Certification Certification of Alexander Shalom

View on PACER

3 Text of Proposed Order

View on PACER

RECAP
21 July 28, 2017

CERTIFICATION in Support filed by AMERICAN CIVIL LIBERTIES UNION, ET AL. re 19 First MOTION for Leave to Appear Pro Hac Vice (SHALOM, ALEXANDER) (Entered: 07/28/2017)

RECAP
22 July 28, 2017

CERTIFICATION in Support filed by AMERICAN CIVIL LIBERTIES UNION, ET AL. re 20 Second MOTION for Leave to Appear Pro Hac Vice (SHALOM, ALEXANDER) (Entered: 07/28/2017)

RECAP
23 July 28, 2017

BRIEF in Opposition filed by MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN re 3 MOTION for Preliminary Injunction (Attachments: # 1 Declaration Leo Feldman, # 2 Declaration Michelle Smith, # 3 Certificate of Service)(FEINBLATT, STUART) (Entered: 07/28/2017)

1 Declaration Leo Feldman

View on PACER

2 Declaration Michelle Smith

View on PACER

3 Certificate of Service

View on PACER

RECAP
24 July 28, 2017

MOTION to Dismiss in lieu of Answer by MARY E COLALILLO, CHRISTOPHER PORRINO, KELLY ROSEN. Responses due by 8/7/2017 (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Certificate of Service)(FEINBLATT, STUART) (Entered: 07/28/2017)

1 Brief

View on PACER

2 Text of Proposed Order

View on PACER

3 Certificate of Service

View on PACER

RECAP
July 28, 2017

Set/Reset Motion and R&R Deadlines/Hearings

July 28, 2017

QC - Document contains an Electronic Signature of a Non-Attorney

July 31, 2017

Set/Reset Motion and R&R Deadlines/Hearings

25 Aug. 2, 2017

Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J. (QUINN, JUSTIN) (Entered: 08/02/2017)

RECAP
26 Aug. 2, 2017

Letter from Defendants re 18 First MOTION for Leave to Appear Amicus Curiae . (FEINBLATT, STUART) (Entered: 08/02/2017)

RECAP
27 Aug. 3, 2017

ORDER granting letter request for permission to file a 20 page reply brief in support of Plaintiff's motion for preliminary injunction. Signed by Judge Jerome B. Simandle on 8/2/2017. (dmr) (Entered: 08/03/2017)

RECAP
28 Aug. 7, 2017

Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J.. (Attachments: # 1 Stipulation & Consent Order)(QUINN, JUSTIN) (Entered: 08/07/2017)

1 Stipulation & Consent Order

View on PACER

RECAP
29 Aug. 7, 2017

REPLY BRIEF to Opposition to Motion filed by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION re 3 MOTION for Preliminary Injunction (WILLIAMS, MICHAEL) (Entered: 08/07/2017)

RECAP
30 Aug. 7, 2017

Letter from Counsel for Amici Curiae. (SHALOM, ALEXANDER) (Entered: 08/07/2017)

RECAP
31 Aug. 8, 2017

ORDER granting 18 Motion to Appear Amicus Curiae. Signed by Judge Jerome B. Simandle on 8/8/2017. (dmr) (Entered: 08/08/2017)

RECAP
32 Aug. 8, 2017

STIPULATION AND CONSENT ORDER re briefing schedule as to 24 MOTION to Dismiss. Responses due by 9/15/2017, Replies due by 10/4/2017. Signed by Judge Jerome B. Simandle on 8/8/2017. (dmr) (Entered: 08/09/2017)

RECAP
33 Aug. 9, 2017

ORDER granting 19 Motion for Leave to Appear Pro Hac Vice as to Brandon J. Buskey,. Signed by Judge Jerome B. Simandle on 8/9/2017. (dmr) (Entered: 08/09/2017)

RECAP
34 Aug. 9, 2017

ORDER granting 20 Motion for Leave to Appear Pro Hac Vice as to Andrea Woods. Signed by Judge Jerome B. Simandle on 8/9/2017. (dmr) (Entered: 08/09/2017)

RECAP
35 Aug. 10, 2017

TEXT ORDER : The Court adjourns the Thursday, August 17, 2017 preliminary injunction hearing until Tuesday, August 22, 2017 at 3:00 PM or Wednesday, August 23, 2017 at 2:00 PM. The Court will still hold the telephone conference scheduled for Monday, August 14, 2017 at 2:00 PM, and the parties should be prepared to discuss the new hearing date at that time. So Ordered by Judge Jerome B. Simandle on 8/10/17. (mb, ) (Entered: 08/10/2017)

RECAP
36 Aug. 10, 2017

ORDER granting 15 Motion for Leave to Appear Pro Hac Vice as to Paul D. Clement, Christopher G. Michel, and Andrew C. Lawrence. Signed by Magistrate Judge Karen M. Williams on 8/10/2017. (dmr) (Entered: 08/10/2017)

RECAP
Aug. 10, 2017

Order

37 Aug. 14, 2017

TEXT ORDER : The Court will now hold the preliminary injunction hearing on Tuesday, August 22, 2017 at 3:00 PM in Courtroom 4A. So Ordered by Judge Jerome B. Simandle on 8.14.17. (mb, ) (Entered: 08/14/2017)

RECAP
38 Aug. 14, 2017

Minute Entry for proceedings held before Judge Jerome B. Simandle: Telephone Conference held on 8/14/2017. Preliminary Injunction hearing set for August 22, 2017 at 3:00 pm. (tf, ) (Entered: 08/15/2017)

RECAP
Aug. 14, 2017

Order

Aug. 15, 2017

Pro Hac Vice Fee Received

Aug. 17, 2017

Pro Hac Vice Fee Received

39 Aug. 18, 2017

Notice of Request by Pro Hac Vice Paul D. Clement, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8035318.) (QUINN, JUSTIN) (Entered: 08/18/2017)

RECAP
40 Aug. 18, 2017

Notice of Request by Pro Hac Vice Christopher G. Michel, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8035342.) (QUINN, JUSTIN) (Entered: 08/18/2017)

RECAP
41 Aug. 18, 2017

Notice of Request by Pro Hac Vice Andrew C. Lawrence, Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8035366.) (QUINN, JUSTIN) (Entered: 08/18/2017)

RECAP
Aug. 18, 2017

Notice of Pro Hac Vice counsel added

42 Aug. 22, 2017

Minute Entry for proceedings held before Judge Jerome B. Simandle: Preliminary Injunction Hearing held on 8/22/2017 re 3 MOTION for Preliminary Injunction filed by Brittan Holland and Lexington National Insurance. Ordered Decision Reserved. (Court Reporter/Recorder Lisa Marcus.) (dmr) (Entered: 08/23/2017)

RECAP
43 Aug. 23, 2017

LETTER addressed to Counsel re; PSA score and NCVA flag. Signed by Judge Jerome B. Simandle on 8/23/2017. (dmr) (Entered: 08/24/2017)

RECAP
44 Aug. 31, 2017

NOTICE by AMERICAN CIVIL LIBERTIES UNION, ET AL. Request to Receive Electronic Notification (SHALOM, ALEXANDER) (Entered: 08/31/2017)

RECAP
45 Aug. 31, 2017

NOTICE by AMERICAN CIVIL LIBERTIES UNION, ET AL. Request to Receive Electronic Notification (SHALOM, ALEXANDER) (Entered: 08/31/2017)

RECAP
Aug. 31, 2017

QC - Incorrect Event Selected

Aug. 31, 2017

Notice of Pro Hac Vice counsel added

46 Sept. 5, 2017

TEXT ORDER : The Court previously set a briefing schedule [Docket Item 32] pertaining to Defendants' Motion to Dismiss [Docket Item 24]. The Court hereby modifies the briefing schedule as follows: Plaintiffs shall file their opposition to Defendants' motion to dismiss on or before the date seven (7) days after the filing date of the Court's forthcoming Opinion and Order regarding Plaintiffs' Motion for Preliminary Injunction [Docket Item 3]. Defendants shall file their respective reply within twenty (20) days of the filing of Plaintiffs' Opposition.. So Ordered by Judge Jerome B. Simandle on 9/5/17. (mb, ) (Entered: 09/05/2017)

RECAP
Sept. 5, 2017

Order

47 Sept. 8, 2017

Letter from State Defendants advising of District of New Mexico opinion. (Attachments: # 1 Exhibit)(FEINBLATT, STUART) (Entered: 09/08/2017)

RECAP
48 Sept. 11, 2017

NOTICE by All Plaintiffs OF WITHDRAWAL OF PRO HAC VICE COUNSEL (CHRISTOPHER G. MICHEL, ESQ.) (QUINN, JUSTIN) (Entered: 09/11/2017)

RECAP
49 Sept. 11, 2017

Consent MOTION for Leave to Appear Pro Hac Vice by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. (Attachments: # 1 Statement of Justin T. Quinn, # 2 Declaration of Justin T. Quinn, # 3 Declaration of Edmund G. LaCour Jr., # 4 Text of Proposed Order)(QUINN, JUSTIN) (Entered: 09/11/2017)

RECAP
50 Sept. 11, 2017

Transcript of Proceedings held on 8/22/17, before Judge Simandle. Court Reporter/Transcriber Lisa Marcus (856-968-4986). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 10/2/2017. Redacted Transcript Deadline set for 10/12/2017. Release of Transcript Restriction set for 12/11/2017. (dd, ) (Entered: 09/12/2017)

RECAP
51 Sept. 12, 2017

Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J. requesting leave to file sur-reply. re 47 Letter. (QUINN, JUSTIN) (Entered: 09/12/2017)

RECAP
Sept. 12, 2017

Set/Reset Motion and R&R Deadlines/Hearings

52 Sept. 13, 2017

Letter from Defendants in response to Plaintiffs' September 12, 2017 letter re 51 Letter. (FEINBLATT, STUART) (Entered: 09/13/2017)

RECAP
53 Sept. 13, 2017

ORDER granting 49 Motion for Leave to Appear Pro Hac Vice as to Edmund G. LaCour, Jr. Signed by Magistrate Judge Karen M. Williams on 9/13/2017. (dmr) (Entered: 09/13/2017)

RECAP
54 Sept. 13, 2017

ORDER granting Plaintiff's letter request for leave to submit a sur-reply of no more than 2 pages regarding each holding of Colins, etc. Signed by Judge Jerome B. Simandle on 9/13/2017. (dmr) (Entered: 09/13/2017)

RECAP
55 Sept. 13, 2017

Notice of Request by Pro Hac Vice Edmund G. LaCour Jr., Esq. to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-8087392.) (QUINN, JUSTIN) (Entered: 09/13/2017)

RECAP
56 Sept. 14, 2017

ORDER granting letter request to file a bruef in response to Plaintiff's sur reply. Signed by Judge Jerome B. Simandle on 9/13/2017. (dmr) (Entered: 09/14/2017)

RECAP
57 Sept. 14, 2017

Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J. re 54 Order, 51 Letter. (Attachments: # 1 Collins v. Daniel, No. 1:17-cv-0076-RJ-KK (D.N.M. Sept. 7, 2017))(QUINN, JUSTIN) (Entered: 09/14/2017)

RECAP
Sept. 14, 2017

Notice of Pro Hac Vice counsel added

58 Sept. 18, 2017

Letter from Defendants in response to Plaintiffs' sur-reply dated September 14, 2017 re 57 Letter. (FEINBLATT, STUART) (Entered: 09/18/2017)

RECAP
59 Sept. 21, 2017

OPINION. Signed by Judge Jerome B. Simandle on 9/21/2017. (dmr) (Entered: 09/21/2017)

RECAP
60 Sept. 21, 2017

ORDER denying Plaintiffs' 3 Motion for Preliminary Injunction. Signed by Judge Jerome B. Simandle on 9/21/2017. (dmr) (Entered: 09/21/2017)

RECAP
61 Sept. 25, 2017

NOTICE OF APPEAL as to 59 Opinion, 60 Order on Motion for Preliminary Injunction by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION. Filing fee $ 505, receipt number 0312-8112551. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (QUINN, JUSTIN) (Entered: 09/25/2017)

RECAP
63 Sept. 25, 2017

Transcript of Proceedings held on 8/22/2017, before Judge JEROME B. SIMANDLE. Court Reporter/Transcriber Lisa Marcus (856-968-4986). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 10/16/2017. Redacted Transcript Deadline set for 10/26/2017. Release of Transcript Restriction set for 12/26/2017. (tf, ) (Entered: 09/26/2017)

RECAP
62 Sept. 26, 2017

Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J. requesting stay of proceedings re 61 Notice of Appeal (USCA),. (QUINN, JUSTIN) (Entered: 09/26/2017)

RECAP
64 Sept. 26, 2017

ORDER directing Defendants to submit a letter-brief in response to Plaintiffs' application for stay pending appeal before the close of business on 9/28/2017, etc. Signed by Judge Jerome B. Simandle on 9/26/2017. (dmr) (Entered: 09/26/2017)

RECAP
65 Sept. 27, 2017

USCA Case Number 17-3104 for 61 Notice of Appeal (USCA), filed by LEXINGTON NATIONAL INSURANCE CORPORATION, BRITTAN B HOLLAND. USCA Case Manager Carmella (Document Restricted - Court Only)(ca3cw,) (Entered: 09/27/2017)

RECAP
66 Sept. 28, 2017

TRANSCRIPT REQUEST by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION for proceedings held on 08/22/2017 before Judge Jerome B. Simandle.. (WILLIAMS, MICHAEL) (Entered: 09/28/2017)

RECAP
67 Sept. 28, 2017

Letter from Defendants in response to Plaintiffs' application for a stay re 64 Order, 62 Letter. (FEINBLATT, STUART) (Entered: 09/28/2017)

RECAP
68 Sept. 29, 2017

ORDER For Temporary Stay Pending Appeal; ORDERED that Defendants' motion to dismiss 24 is ADMINISTRATIVELY TERMINATED, etc. Signed by Judge Jerome B. Simandle on 9/29/2017. (dmr) (Entered: 09/29/2017)

RECAP
69 July 9, 2018

USCA JUDGMENT as to 61 Notice of Appeal (USCA), filed by LEXINGTON NATIONAL INSURANCE CORPORATION, BRITTAN B HOLLAND (ca3cw) (Entered: 07/09/2018)

RECAP
70 July 24, 2018

Letter from Defendants. (Attachments: # 1 Exhibit, # 2 Exhibit)(FEINBLATT, STUART) (Entered: 07/24/2018)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

RECAP
71 July 25, 2018

Letter from Justin T. Quinn, Esq. to the Honorable Jerome B. Simandle, U.S.D.J. re 70 Letter. (QUINN, JUSTIN) (Entered: 07/25/2018)

RECAP
72 July 31, 2018

MANDATE of USCA as to 61 Notice of Appeal (USCA), filed by LEXINGTON NATIONAL INSURANCE CORPORATION, BRITTAN B HOLLAND (Finance notified) (Attachments: # 1 Clerk's Letter to District Court, # 2 Opinion)(ca3jk, ) (Entered: 07/31/2018)

1 Clerk's Letter to District Court

View on PACER

2 Opinion

View on PACER

RECAP
73 Aug. 7, 2018

ORDER Extending Temporary Stay. Signed by Judge Jerome B. Simandle on 8/7/2018. (dmr) (Entered: 08/07/2018)

RECAP
74 Oct. 31, 2018

NOTICE of Voluntary Dismissal by BRITTAN B HOLLAND, LEXINGTON NATIONAL INSURANCE CORPORATION (QUINN, JUSTIN) (Entered: 10/31/2018)

RECAP

Case Details

State / Territory:

New Jersey

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 14, 2017

Closing Date: Oct. 31, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A man awaiting trial for a criminal charge who in the meantime has to wear a GPS-tracking ankle bracelet, be on home detention, and report to court staff every week until trial; Lexington National - a Florida corporation that issues and posts bail bonds

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

New Jersey

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Excessive Bail/Fines

Unreasonable search and seizure

Other Dockets:

District of New Jersey 1:17-cv-04317

U.S. Court of Appeals for the Third Circuit 17-03104

Supreme Court of the United States 18-396

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General/Misc.:

Conditions of confinement

Fines/Fees/Bail/Bond

Search policies

Policing:

Restraints : physical (policing)

Recommended Citation