Case: Lovaglio v. Baston

COMPLAINT against HANNAH LOVAGLIO, JEREMIAH LOVAGLIO, ERICA JEDYNAK ( Filing and Admin fee $ 402 receipt number ANJDC-14840673), filed by HANNAH LOVAGLIO, JEREMIAH LOVAGLIO, ERICA JEDYNAK.(GRIFFIN, CJ) (Entered: 11/02/2023)

Exhibit to 1 Complaint by ERICA JEDYNAK, HANNAH LOVAGLIO, JEREMIAH LOVAGLIO. (GRIFFIN, CJ) (Entered: 11/02/2023)

Request for Summons to be Issued by HANNAH LOVAGLIO, JEREMIAH JEDYNAK, ERICA JEDYNAK as to KAITLAN BASTON. (GRIFFIN, CJ) (Entered: 11/02/2023)

Request for Summons to be Issued by HANNAH LOVAGLIO, JEREMIAH JEDYNAK, ERICA JEDYNAK as to NANCY SCOTTO-ROSATO. (GRIFFIN, CJ) (Entered: 11/02/2023)

SUMMONS ISSUED as to KAITLAN BASTON, NANCY SCOTTO-ROSATO. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jal, ) (Entered: 11/02/2023)

Add and Terminate Judges

Notice of Judicial Preferences

Judge Georgette Castner and Magistrate Judge Rukhsanah L. Singh added. (jal, )

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jal, )

SUMMONS Returned Executed by HANNAH LOVAGLIO, JEREMIAH JEDYNAK, ERICA JEDYNAK. KAITLAN BASTON served on 11/3/2023, answer due 11/27/2023. (GRIFFIN, CJ) (Entered: 11/16/2023)

SUMMONS Returned Executed by HANNAH LOVAGLIO, JEREMIAH JEDYNAK, ERICA JEDYNAK. NANCY SCOTTO-ROSATO served on 11/3/2023, answer due 11/27/2023. (GRIFFIN, CJ) (Entered: 11/16/2023)

Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants. Attorney MICHAEL RALPH SARNO,JEAN PATRICE REILLY for KAITLAN BASTON,MICHAEL RALPH SARNO,JEAN PATRICE REILLY for NANCY SCOTTO-ROSATO added. (SARNO, MICHAEL) (Entered: 11/20/2023)

Update Answer Due Deadline

Clerk`s Text Order - The document 8 Application for Clerk's Order to Ext Answer/Proposed Order submitted by KAITLAN BASTON and NANCY SCOTTO-ROSATO has been GRANTED. The answer due date has been set for 12/8/2023. (mlh)

Proposed Order of Consent between the parties for a 60-day extension of the time for Defendants to answer, move or otherwise respond to the complaint by KAITLAN BASTON, NANCY SCOTTO-ROSATO. (SARNO, MICHAEL) (Entered: 12/01/2023)

Third Party Litigation Funding disclosure statement pursuant to L.Civ.R 7.1.1(a)(1-3) filed by All Plaintiffs. (GRIFFIN, CJ) (Entered: 12/01/2023)

CONSENT ORDER granting Defendant's request for an extension of time until 2/6/2024 to answer, move, or otherwise respond to Complaint. Signed by Magistrate Judge Rukhsanah L. Singh on 12/4/2023. (mlh) (Entered: 12/04/2023)

STIPULATION Extending the Time for Defendants to Respond to the Complaint by KAITLAN BASTON, NANCY SCOTTO-ROSATO. (SARNO, MICHAEL) (Entered: 02/01/2024)

STIPULATION AND ORDER that the time for Defendants to file a responsive pleading is extended for fourteen (14) days until on or before 2/20/2024. Signed by Magistrate Judge Rukhsanah L. Singh on 2/2/2024. (kht) (Entered: 02/02/2024)

Letter from CJ Griffin to the Hon. Rukhsanah L. Singh Regarding Application On Consent for Pro Hac Vice of Brian Morris, Esq., Christie Hebert, Esq., and Robert Frommer, Esq.. (Attachments: # 1 Declaration of CJ Griffin In Support of Admission Pro Hac Vice, # 2 Declaration of Brian Morris, # 3 Declaration of Christie Hebert, # 4 Declaration of Robert Frommer, # 5 Text of Proposed Order Granting Pro Hac Vice)(GRIFFIN, CJ) (Entered: 02/02/2024)

ORDER granting PRO HAC VICE admission of BRIAN A. MORRIS, CHRISTEN M. HEBERT, and ROBERT FROMMER. Signed by Magistrate Judge Rukhsanah L. Singh on 2/5/2024. (mlh) (Entered: 02/05/2024)

Pro Hac Vice Fee Received

Pro Hac Vice fee received for Brian A. Morris, Christen M. Hebert and Robert Frommer: $ 450, receipt number 136923 (jjc, )

Notice of Request by Pro Hac Vice Robert Frommer, Esq. to receive Notices of Electronic Filings. (GRIFFIN, CJ) (Main Document 16 replaced on 2/13/2024) (amv). (Entered: 02/09/2024)

Notice of Request by Pro Hac Vice Brian Morris, Esq. to receive Notices of Electronic Filings. (GRIFFIN, CJ) (Main Document 17 replaced on 2/13/2024) (amv). (Entered: 02/09/2024)

Notice of Request by Pro Hac Vice Christen Mason Hebert, Esq. to receive Notices of Electronic Filings. (GRIFFIN, CJ) (Main Document 18 replaced on 2/13/2024) (amv). (Entered: 02/09/2024)

STIPULATION to extend the time for Defendants to respond to the Complaint by KAITLAN BASTON, NANCY SCOTTO-ROSATO. (SARNO, MICHAEL) (Entered: 02/12/2024)

Notice of Pro Hac Vice counsel added

Pro Hac Vice counsel, ROBERT FROMMER, BRIAN MORRIS and CHRISTEN MASON HEBERT, 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. (amv)

QC - Fillable PDF

CLERK'S QUALITY CONTROL MESSAGE - The Notices to Receive NEF 16, 17, 18 filed by CJ GRIFFIN on 2/9/24 were uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our website under Flattening PDF Forms for guidance. Your documents have been corrected. This message is for informational purposes only. (amv)

STIPULATION AND ORDER granting extension of time until 3/5/2024 for Defendants to respond to Plaintiffs' Complaint. Signed by Magistrate Judge Rukhsanah L. Singh on 2/14/2024. (mlh) (Entered: 02/14/2024)

Letter from parties jointly regarding holding Defendants' deadline to file a responsive pleading in abeyance and attached proposed consent order. (SARNO, MICHAEL) (Entered: 03/04/2024)

CONSENT ORDER Staying Defendants' time to answer, move, or otherwise respond to the complaint; Directing parties to file a joint status letter by June 4, 2024. Signed by Magistrate Judge Rukhsanah L. Singh on 3/5/2024. (amv) (Entered: 03/06/2024)

Letter from CJ Griffin to the Hon. Rukhsanah L. Singh with status of case re 22 Order. (GRIFFIN, CJ) (Entered: 06/04/2024)

LETTER ORDER extending Defendants' time to answer, move or otherwise respond to the Complaint until 6/25/2024. Signed by Magistrate Judge Rukhsanah L. Singh on 6/6/2024. (jdg) (Entered: 06/06/2024)

Letter from Defendants requesting a pre-motion conference. (SARNO, MICHAEL) (Entered: 06/20/2024)

Letter from Plaintiffs re 25 Letter. (GRIFFIN, CJ) (Entered: 06/27/2024)

TEXT ORDER scheduling an in-person Pre-Motion Conference for July 18, 2024, at 10:00 a.m. in Trenton - Courtroom 5E before Judge Georgette Castner. So Ordered by Judge Georgette Castner on 7/2/2024. (jmh) (Entered: 07/02/2024)

Text Order AND ~Util - Set Hearings

NOTICE of Appearance by MICHAEL LOUIS ZUCKERMAN on behalf of All Defendants (ZUCKERMAN, MICHAEL) (Entered: 07/16/2024)

Minute Entry for proceeding held before Judge Georgette Castner: In-Person Pre-Motion Conference held on 7/18/2024. Order to issue. (jmh) (Entered: 07/18/2024)

TEXT ORDER: As discussed during the Court's pre-motion conference on July 18, 2024, the Court orders as follows. Within 14 days after this Text Order, Plaintiffs shall file an amended complaint or a letter advising that they intend to stand on their current complaint. Defendants then shall have seven days to file a letter advising whether they intend to answer or move to dismiss. After Defendants so advise, the Court will set a schedule for Defendants' responsive pleading. In the meantime, Defendants' time to respond to the complaint will remain tolled. So Ordered by Judge Georgette Castner on 7/19/2024. (jmh) (Entered: 07/19/2024)

Text Order

AMENDED COMPLAINT against KAITLAN BASTON, NANCY SCOTTO-ROSATO, filed by JEREMIAH JEDYNAK, ERICA JEDYNAK, HANNAH LOVAGLIO. (Attachments: # 1 Exhibit Redline Complaint)(GRIFFIN, CJ) (Entered: 08/02/2024)

1 Exhibit Redline Complaint

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Letter from the parties regarding a joint proposed briefing schedule re 30 Text Order,,. (SARNO, MICHAEL) (Entered: 08/09/2024)

TEXT ORDER: The Court is in receipt of the parties' proposed briefing schedule for the State's motion to dismiss (ECF No. 32 ). The Court so orders the proposed schedule, but orders the parties to file their motion papers in "bundled" fashion: (i) the State shall serve Plaintiffs with its motion papers by September 9, 2024; (ii) Plaintiffs shall serve the State with their opposition papers by October 9, 2024; and (iii) the State shall serve Plaintiffs with its reply papers by October 24, 2024. Once all motion papers are exchanged, the parties shall file their motion papers via CM/ECF, in the sequence the papers were served, no later than October 25, 2024. So Ordered by Judge Georgette Castner on 8/15/2024. (jmh) (Entered: 08/15/2024)

Text Order

Amicus Curiae APPEARANCE entered by REGINA MCKENNA PHILIPPS on behalf of Newborn Screening Alliance. (PHILIPPS, REGINA) (Entered: 09/10/2024)

TEXT ORDER: This matter comes before the Court on Newborn Screening Alliance's request to appear as amicus curiae in connection with Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint. (ECF No. 34 .) Newborn Screening Alliance is directed to submit a letter, filed on or before September 18, 2024 and not to exceed three single-spaced pages, setting forth its interest in appearing as amicus curiae. Should any party object to the amicus curiae motion, the basis for the objection shall be set out in a letter, not to exceed three single-spaced pages, to be filed no later than September 25, 2024. So Ordered by Judge Georgette Castner on 9/11/2024. (jmh) (Entered: 09/11/2024)

Text Order

Amicus Curiae APPEARANCE entered by ERIN BURKE CIRELLI on behalf of Association for Creatine Deficiencies. (CIRELLI, ERIN) (Entered: 09/16/2024)

TEXT ORDER: This matter comes before the Court on the Association for Creatine Deficiencies' request to appear as amicus curiae in connection with Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint. (ECF No. 36 .) The Association for Creatine Deficiencies is directed to submit a letter, filed on or before September 24, 2024 and not to exceed three single-spaced pages, setting forth its interest in appearing as amicus curiae. Should any party object to the amicus curiae motion, the basis for the objection shall be set out in a letter, not to exceed three single-spaced pages, to be filed no later than October 1, 2024. So Ordered by Judge Georgette Castner on 9/17/2024(ijf) (Entered: 09/17/2024)

Text Order

Letter. (PHILIPPS, REGINA) (Entered: 09/18/2024)

Letter from Association for Creatine Deficiencies. (BURKE CIRELLI, ERIN) (Entered: 09/25/2024)

Letter from Plaintiffs in response to the appearance of Newborn Screening Alliance ("NSA") and Association for Creatine Deficiencies ("ACD") as amicus curiae re 36 Amicus Curiae Appearance, 34 Amicus Curiae Appearance. (GRIFFIN, CJ) (Entered: 09/25/2024)

Letter from Plaintiffs regarding a proposed modification to the briefing schedule re 33 Text Order,,,. (GRIFFIN, CJ) (Entered: 09/27/2024)

TEXT ORDER: This matter comes before the Court upon the requests by the Newborn Screening Alliance and the Association for Creatine Deficiencies to appear as amici curiae in connection with Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint. (ECF Nos. 38 & 39 .) The Court is also in receipt of Plaintiffs' response to the letters submitted by the proposed amici curiae. (ECF No. 40 .) Having considered the arguments set forth, Newborn Screening Alliance's and the Association for Creatine Deficiencies' requests to appear as amici curiae in this action are GRANTED. Each amicus curiae shall file their brief no later than October 14, 2024. So Ordered by Judge Georgette Castner on 9/30/2024. (jmh) (Entered: 09/30/2024)

LETTER ORDER granting request for a 2 week extension of time for Plaintiff's to serve their opposition on Defendant's motion until 10/23/2024. Signed by Judge Georgette Castner on 9/30/2024. (jal, ) (Entered: 09/30/2024)

Text Order

Amicus Curiae APPEARANCE entered by REGINA MCKENNA PHILIPPS on behalf of Newborn Screening Alliance. (Attachments: # 1 Exhibit Exhibit A - Clinicians and Groups In Support, # 2 Exhibit Exhibit B - Comments from Clinicians, Families, Researchers)(PHILIPPS, REGINA) (Entered: 10/14/2024)

MOTION to Dismiss Plaintiffs' First Amended Complaint by KAITLAN BASTON, NANCY SCOTTO-ROSATO. Responses due by 12/2/2024. (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Certificate of Service)(SARNO, MICHAEL) (Entered: 11/15/2024)

1 Brief

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2 Text of Proposed Order

View on RECAP

3 Certificate of Service

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REPLY BRIEF to Opposition to Motion filed by KAITLAN BASTON, NANCY SCOTTO-ROSATO re 45 MOTION to Dismiss Plaintiffs' First Amended Complaint (Attachments: # 1 Certificate of Service)(SARNO, MICHAEL) (Entered: 11/15/2024)

1 Certificate of Service

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BRIEF in Opposition filed by HANNAH LOVAGLIO, ERICA JEDYNAK, JEREMIAH JEDYNAK re 45 MOTION to Dismiss Plaintiffs' First Amended Complaint (GRIFFIN, CJ) (Entered: 11/15/2024)

Set/Reset Motion and R&R Deadlines/Hearings

Set Deadlines as to 45 MOTION to Dismiss Plaintiffs' First Amended Complaint. Motion set for 12/16/2024 before Judge Georgette Castner. 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. (amv)

ORDER that within 14 days of the date of this Order Defendant's shall file a status report; Within 21 days of this Order Plaintiffs shall file a response to Defendant's supplemental briefing. Signed by Judge Georgette Castner on 4/17/2025. (jal, ) (Entered: 04/17/2025)

TEXT ORDER: For docket management purposes only, the Clerk is directed to administratively terminate the Motion to Dismiss pending at ECF No. 45 and to reopen and reset it for May 1, 2025. So Ordered by Judge Georgette Castner on 4/17/2025.25. (jmh) (Entered: 04/17/2025)

Set/Reset Motion and R&R Deadlines/Hearings

Text Order AND ~Util - Terminate Motions

Reset Deadlines as to 45 MOTION to Dismiss Plaintiffs' First Amended Complaint. Motion reset for 5/1/2025 before Judge Georgette Castner. 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. (jmh)

Letter from Jean P. Reilly re 48 Order,. (CHUNG, AMY) (Entered: 05/01/2025)

NOTICE of Appearance by AMY CHUNG on behalf of All Defendants (CHUNG, AMY) (Entered: 05/02/2025)

Letter from Amy Chung re 50 Letter. (CHUNG, AMY) (Entered: 05/02/2025)

QC - Electronic Signature Does Not Match E-filer

CLERK'S QUALITY CONTROL MESSAGE - The 50 LETTER submitted by AMY CHUNG on 5/1/2025 contains an improper signature. Only the filing user is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (dmr3, )

QC - Electronic signature does not match e-filer

Letter from Plaintiffs in response to Defendants' supplemental briefing re 52 Letter. (GRIFFIN, CJ) (Entered: 05/08/2025)

Letter from CJ Griffin, Esq. requesting withdrawal of Pro Hac Vice Counsel. (GRIFFIN, CJ) (Entered: 05/14/2025)

LETTER ORDER granting withdraw of pro hac vice attorney BRIAN A. MORRIS. Signed by Magistrate Judge Rukhsanah L. Singh on 5/14/2025. (kht) (Entered: 05/14/2025)

NOTICE of Appearance by MARVIN L. FREEMAN on behalf of KAITLAN BASTON, NANCY SCOTTO-ROSATO (Attachments: # 1 Certificate of Service)(FREEMAN, MARVIN) (Entered: 06/30/2025)

Letter from Defendants. (FREEMAN, MARVIN) (Entered: 07/07/2025)

TEXT ORDER: The Court is in receipt of Defendants' Notice of New Authority (ECF No. 57 ) filed on July 7, 2025. To the extent that Plaintiffs intend to respond to Defendants' Notice (ECF No. 57 ), they must do so in no more than three (3) single-spaced pages by July 15, 2025. So Ordered by Judge Georgette Castner on 07/08/2025. (jmh) (Entered: 07/08/2025)

Text Order

Letter from Plaintiffs responding to Defendants' Notice of New Authority re 58 Text Order,. (GRIFFIN, CJ) (Entered: 07/15/2025)

OPINION. Signed by Judge Georgette Castner on 8/8/2025. (sms2) (Entered: 08/08/2025)

ORDER Granting in part and Denying in part Defendants' 45 Motion to Dismiss; Plaintiffs' request for an order regarding the New Jersey Department of Health is DISMISSED without prejudice for lack of standing; DISMISSING Counts I and II of the FAC without prejudice; Defendants' Motion is DENIED in all other respects; Plaintiffs shall have thirty (30) days to file a Second Amended Complaint in accordance with Local Rule 15.1(b); directing the Clerk's Office to TERMINATE Defendants' 45 Motions to Dismiss, and to ADMINISTRATIVELY TERMINATE this case subject to reopening and relisting to the Court's active docket upon the filing of the Second Amended Complaint. Signed by Judge Georgette Castner on 8/8/2025. (sms2) (Entered: 08/08/2025)

Terminate Civil Case

Terminated Case

***Civil Case Terminated. (sms2)

Letter from CJ Griffin to Hon. Castner requesting a 2 week extension. (GRIFFIN, CJ) (Entered: 08/28/2025)

LETTER ORDER granting Plaintiffs a two-week extension to file and serve their Second Amended Complaint to 9/22/2025. Signed by Judge Georgette Castner on 8/29/2025. (arm) (Entered: 08/29/2025)

Letter from CJ Griffin, Esq to Hon. Castner requesting 2 week extension to file and serve Plaintiffs second amended complaint re 61 Order on Motion to Dismiss,,,. (GRIFFIN, CJ) (Entered: 09/18/2025)

LETTER ORDER granting two-week extension of time to file and serve second amended complaint through 10/6/2025. Signed by Judge Georgette Castner on 9/19/2025. (lag, ) (Entered: 09/19/2025)

AMENDED COMPLAINT against KAITLAN BASTON, NANCY SCOTTO-ROSATO, filed by JEREMIAH JEDYNAK, ERICA JEDYNAK, HANNAH LOVAGLIO. (Attachments: # 1 Exhibit Exhibit 1)(GRIFFIN, CJ) (Entered: 10/06/2025)

1 Exhibit Exhibit 1

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MOTION for Leave to Appear Pro Hac Vice for Daniel Woislaw, Esq. by ERICA JEDYNAK, JEREMIAH JEDYNAK, HANNAH LOVAGLIO. (Attachments: # 1 Application and Declaration of CJ Griffin, # 2 Declaration of Daniel Woislaw, Esq., # 3 Proposed Order)(GRIFFIN, CJ) (Entered: 10/08/2025)

Set/Reset Motion and R&R Deadlines/Hearings

Set Deadlines as to 67 MOTION for Leave to Appear Pro Hac Vice for Daniel Woislaw, Esq.. Motion set for 11/3/2025 before Magistrate Judge Rukhsanah L. Singh. 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. (mlh)

Letter