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)

Simandle, Jerome B. (New Jersey)

Williams, Karen McGlashan (New Jersey)

Attorneys(s) for Plaintiff

Clement, Paul D. (District of Columbia)

Lawrence, Andrew C. (District of Columbia)

Michel, Christopher G. (District of Columbia)

Quinn, Justin Taylor (New Jersey)

Attorneys(s) for Defendant

Feinblatt, Stuart Mark (New Jersey)

Riggs, Christopher Joseph (New Jersey)

Other Attorney(s)

Active

Judge(s)

Ambro, Thomas L. (Delaware)

Simandle, Jerome B. (New Jersey)

Williams, Karen McGlashan (New Jersey)

Attorneys(s) for Plaintiff

Clement, Paul D. (District of Columbia)

Lawrence, Andrew C. (District of Columbia)

Michel, Christopher G. (District of Columbia)

Quinn, Justin Taylor (New Jersey)

Attorneys(s) for Defendant

Feinblatt, Stuart Mark (New Jersey)

Riggs, Christopher Joseph (New Jersey)

Other Attorney(s)

Barocas, Edward (New Jersey)

Buskey, Brandon (New York)

Livengood, Rebecca (New Jersey)

LoCicero, Jeanne (New Jersey)

Shalom, Alexander (New Jersey)

Woods, Andrea (New York)

Documents in the Clearinghouse

Document

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

277 F.Supp.3d 707

Sept. 21, 2017

Sept. 21, 2017

Order/Opinion
BL-72

17-03104

Opinion of the Court

U. S. Court of Appeals for the Third Circuit

895 F.3d 272

July 9, 2018

July 9, 2018

Order/Opinion

Resources

Docket

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

Last updated May 20, 2022, 4:38 a.m.

ECF Number Description Date Link Date / Link
1

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

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2 Certification Rule 11.2

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June 14, 2017

June 14, 2017

PACER
2

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

June 14, 2017

June 14, 2017

PACER
3

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

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2 Declaration of Holland

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3 Declaration of Wachinski

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4 Text of Proposed Order

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June 14, 2017

June 14, 2017

PACER
4

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

June 14, 2017

June 14, 2017

PACER
5

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)

June 15, 2017

June 15, 2017

PACER
6

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)

June 21, 2017

June 21, 2017

PACER
7

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)

June 21, 2017

June 21, 2017

PACER
8

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)

June 21, 2017

June 21, 2017

PACER
9

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)

June 27, 2017

June 27, 2017

PACER
10

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

June 27, 2017

June 27, 2017

PACER
11

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

June 27, 2017

June 27, 2017

PACER
12

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)

June 27, 2017

June 27, 2017

PACER
13

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)

June 29, 2017

June 29, 2017

PACER
14

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)

June 30, 2017

June 30, 2017

PACER
15

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)

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2 Declaration of Justin T. Quinn, Esq.

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3 Declaration of Paul D. Clement, Esq.

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4 Declaration of Christopher G. Michel, Esq.

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5 Declaration of Andrew C. Lawrence, Esq.

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6 Text of Proposed Order

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7 Certificate of Service

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July 21, 2017

July 21, 2017

PACER
16

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

July 25, 2017

July 25, 2017

PACER
17

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)

July 27, 2017

July 27, 2017

PACER
18

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

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2 Brief

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3 Text of Proposed Order

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4 Certificate of Service

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July 28, 2017

July 28, 2017

PACER
19

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

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2 Certification Certification of Alexander Shalom

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3 Text of Proposed Order

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July 28, 2017

July 28, 2017

PACER
20

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

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2 Certification Certification of Alexander Shalom

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3 Text of Proposed Order

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July 28, 2017

July 28, 2017

PACER
21

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)

July 28, 2017

July 28, 2017

PACER
22

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)

July 28, 2017

July 28, 2017

PACER
23

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

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2 Declaration Michelle Smith

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3 Certificate of Service

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July 28, 2017

July 28, 2017

PACER
24

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

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2 Text of Proposed Order

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3 Certificate of Service

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July 28, 2017

July 28, 2017

PACER
25

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

Aug. 2, 2017

Aug. 2, 2017

PACER
26

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

Aug. 2, 2017

Aug. 2, 2017

PACER
27

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)

Aug. 3, 2017

Aug. 3, 2017

PACER
28

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

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Aug. 7, 2017

Aug. 7, 2017

PACER
29

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)

Aug. 7, 2017

Aug. 7, 2017

PACER
30

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

Aug. 7, 2017

Aug. 7, 2017

PACER
31

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

Aug. 8, 2017

Aug. 8, 2017

PACER
32

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)

Aug. 8, 2017

Aug. 8, 2017

PACER
33

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)

Aug. 9, 2017

Aug. 9, 2017

PACER
34

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)

Aug. 9, 2017

Aug. 9, 2017

PACER
35

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)

Aug. 10, 2017

Aug. 10, 2017

PACER
36

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)

Aug. 10, 2017

Aug. 10, 2017

PACER
37

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)

Aug. 14, 2017

Aug. 14, 2017

PACER
38

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)

Aug. 14, 2017

Aug. 14, 2017

PACER
39

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)

Aug. 18, 2017

Aug. 18, 2017

PACER
40

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)

Aug. 18, 2017

Aug. 18, 2017

PACER
41

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)

Aug. 18, 2017

Aug. 18, 2017

PACER
59

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

Sept. 21, 2017

Sept. 21, 2017

RECAP
69

USCA Judgment (Use if Mandate will follow)

July 9, 2018

July 9, 2018

PACER
70

Letter

1 Exhibit

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2 Exhibit

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July 24, 2018

July 24, 2018

PACER
71

Letter

July 25, 2018

July 25, 2018

PACER
72

USCA Mandate (Terminates Appeal)

1 Clerk's Letter to District Court

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2 Opinion

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July 31, 2018

July 31, 2018

PACER
73

Order

Aug. 7, 2018

Aug. 7, 2018

PACER
42

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)

Aug. 22, 2017

Aug. 22, 2017

43

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)

Aug. 23, 2017

Aug. 23, 2017

44

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

Aug. 31, 2017

Aug. 31, 2017

45

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

Aug. 31, 2017

Aug. 31, 2017

Pro Hac Vice counsel, ANDREA WOODS and BRANDON BUSKEY, have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (dmr) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

CLERK'S QUALITY CONTROL MESSAGE - The Notices of Request for Pro Hac Vice Counsel to Receive Electronic Notifications filed by Alexander Shalom on 8/31/2017 were submitted incorrectly using the wrong Notice event. For future reference, the correct event to use is "Notice of Pro Hac Vice to Receive NEF" found under Notice. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (dmr) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

46

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)

Sept. 5, 2017

Sept. 5, 2017

47

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

Sept. 8, 2017

Sept. 8, 2017

48

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

Sept. 11, 2017

Sept. 11, 2017

49

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)

Sept. 11, 2017

Sept. 11, 2017

50

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)

Sept. 11, 2017

Sept. 11, 2017

Set/Reset Deadlines as to 49 Consent MOTION for Leave to Appear Pro Hac Vice . Motion set for 10/16/2017 before Magistrate Judge Karen M. Williams. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

51

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)

Sept. 12, 2017

Sept. 12, 2017

52

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

Sept. 13, 2017

Sept. 13, 2017

53

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)

Sept. 13, 2017

Sept. 13, 2017

54

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)

Sept. 13, 2017

Sept. 13, 2017

55

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)

Sept. 13, 2017

Sept. 13, 2017

Pro Hac Vice counsel, EDMUND G. LACOUR, JR, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (dmr) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

56

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)

Sept. 14, 2017

Sept. 14, 2017

58

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

Sept. 18, 2017

Sept. 18, 2017

60

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

Sept. 21, 2017

Sept. 21, 2017

61

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)

Sept. 25, 2017

Sept. 25, 2017

63

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)

Sept. 25, 2017

Sept. 25, 2017

62

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)

Sept. 26, 2017

Sept. 26, 2017

64

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)

Sept. 26, 2017

Sept. 26, 2017

65

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)

Sept. 27, 2017

Sept. 27, 2017

66

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)

Sept. 28, 2017

Sept. 28, 2017

67

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

Sept. 28, 2017

Sept. 28, 2017

68

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)

Sept. 29, 2017

Sept. 29, 2017

Pursuant to Local Rule 79.4, notice is hereby given of the Appellate ruling filed on 7/9/2018. In the event that the mandate or judgment provides for costs or directs a disposition other than an affirmance, the prevailing party shall prepare and submit an order implementing the mandate or judgment. (js) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

74

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

Oct. 31, 2018

Oct. 31, 2018

***Civil Case Terminated. (rss, ) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

Case Details

State / Territory: New Jersey

Case Type(s):

Criminal Justice (Other)

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

New Jersey, State

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Conditions of confinement

Fines/Fees/Bail/Bond

Restraints : physical

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