Case: Assembly of God Church Riverside v. Township of Riverside, New Jersey

1:06-cv-03842 | U.S. District Court for the District of New Jersey

Filed Date: Aug. 15, 2006

Closed Date: Nov. 30, 2007

Clearinghouse coding complete

Case Summary

Plaintiffs filed this class-action lawsuit in the U.S. District Court for New Jersey to challenge the constitutionality of the Town of Riverside Ordinance 2006-16 ("Illegal Immigration Relief Act"), which forbid housing and employment of undocumented immigrants. Plaintiffs alleged that the Ordinance was an improper attempt by local government to enforce federal immigration laws in violation of the Supremacy Clause of the U.S. Constitution and that it caused national origin discrimination in vio…

Plaintiffs filed this class-action lawsuit in the U.S. District Court for New Jersey to challenge the constitutionality of the Town of Riverside Ordinance 2006-16 ("Illegal Immigration Relief Act"), which forbid housing and employment of undocumented immigrants. Plaintiffs alleged that the Ordinance was an improper attempt by local government to enforce federal immigration laws in violation of the Supremacy Clause of the U.S. Constitution and that it caused national origin discrimination in violation of Title VII of the Civil Rights Act of 1964, the Fair Housing Act and 42 U.S.C. § 1981. Plaintiffs sought injunctive and declaratory relief, as well as class certification.

This case was one of two lawsuits challenging the Ordinance. The other case, Riverside Coalition of Business Persons and Landlords v. Township of Riverside, cause # L-2965-06. [IM-NJ-1], was filed in New Jersey state court and challenged the Ordinance as violating the New Jersey Constitution.

Riverside initially agreed to suspend enforcement of the Ordinance or any amendments while the legality of the Ordinance was litigated. Riverside's agreement resulted in a Consent Order being entered in the state court case on October 25, 2006. Despite that agreement, the Riverside Township Council introduced a revised version of the Ordinance at its council meeting on the evening of October 25, 2006. On November 22, 2006, the Township approved and enacted Revised Ordinance 2006-26 which was patterned on a similar ordinance enacted in Hazleton, Pennsylvania. (The Hazleton Ordinance was the subject of federal court litigation - see Lozano v. City of Hazleton, IM-PA-1).

On January 5, 2007, Plaintiffs filed an amended complaint to reflect that the Ordinance had been amended by Revised Ordinance 2006-26. Plaintiffs also voluntarily dismissed the Riverside mayor as a party defendant. The District Court entered a scheduling order which set deadlines for discovery and dispositive motions.

Citing escalating legal costs and an adverse ruling in the Lozano v. City of Hazleton case, the Township introduced a measure in August 2007 to repeal the Revised Ordinance 2006-26. On September 17, 2007, the Township Council repealed Revised Ordinance 2006-26 by a 3 to 1 vote.

On September 21, 2007, plaintiffs filed a motion for summary judgment and motion for attorneys' fees. Defendants opposed plaintiffs' request for attorneys' fees, citing the fact that the Township voluntarily repealed the Revised Ordinance.

The court dismissed the pending motions and closed the case on November 30, 2007.

Summary Authors

Elizabeth Daligga (7/16/2012)

Related Cases

Riverside Coalition of Business Persons and Landlords v. Township of Riverside, New Jersey, New Jersey state trial court (2006)

People

Judge(s)

Bumb, Renee Marie (New Jersey)

Donio, Ann Marie (New Jersey)

Attorney for Plaintiff

Sanchez Calderon, William J. (Florida)

Attorney for Defendant

Heinhold, Douglas L. (New Jersey)

Expert/Monitor/Master/Other

Pena, Jesus J. (New Jersey)

Documents in the Clearinghouse

1:06-cv-03842

Docket (PACER)

Assembly of God Church Riverside (NJ) v. Township of Riverside

Nov. 2, 2007

Nov. 2, 2007

Docket
1

1:06-cv-03842

Complaint for Declaratory, Injunctive and Further Relief

Assembly of God Church Riverside (NJ) v. Township of Riverside

Aug. 15, 2006

Aug. 15, 2006

Complaint
6

1:06-cv-03842

Answer and Affirmative Defenses

Assembly of God Church Riverside (NJ) v. Township of Riverside

Oct. 3, 2006

Oct. 3, 2006

Pleading / Motion / Brief
16

1:06-cv-03842

Amended Complaint for Declaratory, Injunctive and Further Relief

Assembly of God Church Riverside (NJ) v. Township of Riverside

Jan. 5, 2007

Jan. 5, 2007

Complaint
27

1:06-cv-03842

Motion for Summary Judgment and Memorandum of Law

Assembly of God Church Riverside (NJ) v. Township of Riverside

Sept. 25, 2007

Sept. 25, 2007

Pleading / Motion / Brief
34

1:06-cv-03842

Defendant's Brief in Response to Motion for Fees - Statement of Facts

Assembly of God Church Riverside (NJ) v. Township of Riverside

Nov. 2, 2007

Nov. 2, 2007

Pleading / Motion / Brief

Docket

Last updated March 26, 2025, 8:03 a.m.

ECF Number Date Description Link
1 Aug. 15, 2006

COMPLAINT against TOWNSHIP OF RIVERSIDE, CHARLES F. HILTON, JR ( Filing fee $ 350 receipt number 2-340481.) , filed by ASSEMBLY OF GOD CHURCH RIVERSIDE, NEW JERSEY, NATIONAL COALITION OF LATINO CLERGY AND CHRISTIAN LEADERS, FRANCO ORDONEZ. (Attachments: # 1 Civil Cover Sheet)(gn ) (Entered: 08/22/2006)

PACER
2 Aug. 22, 2006

Summons Issued as to TOWNSHIP OF RIVERSIDE, CHARLES F. HILTON, JR.Days Due - 20. (gn, )(MAILED) (Entered: 08/22/2006)

PACER
3 Aug. 31, 2006

First MOTION to Dismiss Complaint by TOWNSHIP OF RIVERSIDE, CHARLES F. HILTON, JR. (Attachments: # 1 Order to Dismiss# 2 Brief in Support of Motion to Dismiss)(HEINOLD, DOUGLAS) (Entered: 08/31/2006)

PACER
Aug. 31, 2006

Setting Deadlines as to 3 First MOTION to Dismiss Complaint . Motion Hearing set for 10/6/2006 before Judge Renee Marie Bumb. PLEASE BE ADVISED THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (js) (Entered: 09/01/2006)

PACER
4 Sept. 26, 2006

NOTICE of Appearance by JESUS J. PENA on behalf of ASSEMBLY OF GOD CHURCH RIVERSIDE, NEW JERSEY, NATIONAL COALITION OF LATINO CLERGY AND CHRISTIAN LEADERS, FRANCO ORDONEZ (sb) (Entered: 09/26/2006)

PACER
5 Sept. 28, 2006

MOTION for Extension of Time to File Response to Defendant's Motion to Dismiss by ASSEMBLY OF GOD CHURCH RIVERSIDE, NEW JERSEY, NATIONAL COALITION OF LATINO CLERGY AND CHRISTIAN LEADERS, FRANCO ORDONEZ. (Attachments: # 1 Brief)(sb) (Entered: 09/28/2006)

PACER
6 Oct. 3, 2006

Defendants ANSWER to Complaint and Affirmative Defenses by TOWNSHIP OF RIVERSIDE, CHARLES F. HILTON, JR.(HEINOLD, DOUGLAS) (Entered: 10/03/2006)

PACER
7 Oct. 3, 2006

CERTIFICATE OF SERVICE by TOWNSHIP OF RIVERSIDE, CHARLES F. HILTON, JR re 6 Answer to Complaint and Affirmative Defenses (HEINOLD, DOUGLAS) (Entered: 10/03/2006)

PACER
8 Oct. 3, 2006

ORDERED that plaintiffs shall file and serve an amended complaint within 20 days and denying without prejudice 3 Motion to Dismiss. Signed by Judge Renee Marie Bumb on 10/3/06. (sb) (Entered: 10/04/2006)

PACER
9 Oct. 5, 2006

ORDER setting Initial Scheduling Conference for 11/14/2006 02:30 PM before Magistrate Judge Ann Marie Donio. Signed by Judge Ann Marie Donio on 10/5/06. (sb) (Entered: 10/05/2006)

PACER
10 Nov. 13, 2006

SCHEDULING ORDER:The Initial Scheduling Conference is rescheduled for 12/20/2006 10:30 AM before Magistrate Judge Ann Marie Donio.Signed by Judge Ann Marie Donio on 11/13/06. (sb) (Entered: 11/14/2006)

PACER
Dec. 20, 2006

Minute Entry for proceedings held before Judge Ann Marie Donio : Initial Pretrial Conference held on 12/20/2006. (jm1, ) (Entered: 12/21/2006)

PACER
11 Dec. 21, 2006

SCHEDULING ORDER:Telephone Status Conference set for 1/22/2007 12:00 PM before Magistrate Judge Ann Marie Donio. Discovery due by 3/30/2007. Motions due by 4/30/2007. Signed by Judge Ann Marie Donio on 12/21/06. (sb) (Entered: 12/21/2006)

PACER
12 Dec. 22, 2006

STIPULATION of Dismissal by TOWNSHIP OF RIVERSIDE, CHARLES F. HILTON, JR. (HEINOLD, DOUGLAS) (Entered: 12/22/2006)

PACER
13 Dec. 27, 2006

MOTION for Leave to Appear Pro Hac Vice (to admit Michael M. Hethmon, Esq. to appear) by TOWNSHIP OF RIVERSIDE. (Attachments: # 1 Affidavit of Michael Hethmon, Esquire# 2 Certification of Douglas L. Heinold, Esquire# 3 Text of Proposed Order granting Michael M. Hethmon, Esq. be admitted to practice pro hac vice)(HEINOLD, DOUGLAS) (Entered: 12/27/2006)

PACER
Dec. 27, 2006

Setting Deadlines as to 13 MOTION for Leave to Appear Pro Hac Vice (to admit Michael M. Hethmon, Esq. to appear) . Motion Hearing set for 2/2/2007 before Magistrate Judge Ann Marie Donio. PLEASE BE ADVISED THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (js) (Entered: 12/29/2006)

PACER
14 Jan. 4, 2007

STIPULATION AND ORDER of Dismissal of Mayor Charles F. Hilton, Jr. as defendant with prejudice. Signed by Judge Renee Marie Bumb on 1/7/07. (sb) (Entered: 01/04/2007)

PACER
15 Jan. 4, 2007

MOTION for William J. Sanchez, Esq. Leave to Appear Pro Hac Vice by ASSEMBLY OF GOD CHURCH RIVERSIDE, NEW JERSEY, NATIONAL COALITION OF LATINO CLERGY AND CHRISTIAN LEADERS, FRANCO ORDONEZ. (sb) (Entered: 01/04/2007)

PACER
Jan. 4, 2007

Setting return date as to 15 MOTION for Leave to Appear Pro Hac Vice for 2/2/2007 before Magistrate Judge Ann Marie Donio. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (sb) (Entered: 01/04/2007)

PACER
16 Jan. 5, 2007

AMENDED COMPLAINT against TOWNSHIP OF RIVERSIDE , filed by ASSEMBLY OF GOD CHURCH RIVERSIDE, NEW JERSEY, NATIONAL COALITION OF LATINO CLERGY AND CHRISTIAN LEADERS, FRANCO ORDONEZ.(sb) (Entered: 01/08/2007)

PACER
17 Jan. 8, 2007

SCHEDULING ORDER: Telephone Status Conference set for 1/22/2007 12:00 PM before Magistrate Judge Ann Marie Donio. Signed by Judge Ann Marie Donio on 1/8/07. (sb) (Entered: 01/09/2007)

PACER
18 Jan. 9, 2007

Substitution of Attorney - Attorney DOUGLAS L. HEINOLD and DOUGLAS L. HEINOLD for TOWNSHIP OF RIVERSIDE added. Attorney DOUGLAS L. HEINOLD terminated.. (HEINOLD, DOUGLAS) (Entered: 01/09/2007)

PACER
19 Jan. 23, 2007

SCHEDULING ORDER: Telephone Status Conference set for 2/1/2007 09:30 AM before Magistrate Judge Ann Marie Donio. Signed by Judge Ann Marie Donio on 1/23/07. (sb) (Entered: 01/23/2007)

PACER
20 Jan. 24, 2007

ORDER denying without prejudice 13 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Ann Marie Donio on 1/24/07. (sb) (Entered: 01/24/2007)

PACER
21 Feb. 2, 2007

ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. Ordered that the attorney admitted pro hac vice is directed to make payment of $150 made payable to Clerk, U.S. District Court. Signed by Judge Ann Marie Donio on 2/2/07. (sb) (Entered: 02/02/2007)

PACER
Feb. 5, 2007

Set/Reset Hearings: Telephone/Status Conference reset for 2/6/2007 09:30 AM before Magistrate Judge Ann Marie Donio. Plaintiff's counsel to advise all parties and set up call. (jm1, ) (Entered: 02/05/2007)

PACER
22 Feb. 6, 2007

SCHEDULING ORDER: Telephone Status Conference set for 4/16/2007 03:00 PM before Magistrate Judge Ann Marie Donio. Discovery due by 5/30/2007. Motions due by 6/29/2007.Signed by Judge Ann Marie Donio on 2/6/07. (sb) (Entered: 02/07/2007)

PACER
April 16, 2007

Minute Entry for proceedings held before Judge Ann Marie Donio : Status Conference held on 4/16/2007. (jm1, ) (Entered: 04/16/2007)

PACER
23 April 17, 2007

SCHEDULING ORDER:Telephone Status Conference set for 5/30/2007 10:30 AM before Magistrate Judge Ann Marie Donio.Signed by Judge Ann Marie Donio on 4/17/07. (sb) (Entered: 04/18/2007)

PACER
24 May 30, 2007

AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 12/19/2007 at 11:30 AM before Magistrate Judge Ann Marie Donio,Amended Pleadings due by 6/29/2007,Discovery due by 9/28/2007, Disp. Motions due by 10/30/2007. Signed by Judge Ann Marie Donio on 5/30/07. (js) (Entered: 05/31/2007)

PACER
May 30, 2007

Minute Entry for proceedings held before Judge Ann Marie Donio : Status Conference held on 5/30/2007. (jm1, ) (Entered: 05/30/2007)

PACER
25 Sept. 21, 2007

MOTION for Summary Judgment and memorandum of law by ASSEMBLY OF GOD CHURCH RIVERSIDE, NEW JERSEY, NATIONAL COALITION OF LATINO CLERGY AND CHRISTIAN LEADERS, FRANCO ORDONEZ. (Attachments: # 1 Exhibit Ordinance 16# 2 Exhibit Ordinance 2006-26# 3 Exhibit Newspaper Articles)(PENA, JESUS) (Entered: 09/21/2007)

PACER
26 Sept. 21, 2007

MOTION for Attorney Fees by ASSEMBLY OF GOD CHURCH RIVERSIDE, NEW JERSEY, NATIONAL COALITION OF LATINO CLERGY AND CHRISTIAN LEADERS, FRANCO ORDONEZ. (Attachments: # 1 Exhibit Newspaper Articles# 2 Exhibit Detailed Hourly Report)(PENA, JESUS) (Entered: 09/21/2007)

PACER
Sept. 24, 2007

CLERKS OFFICE QUALITY CONTROL MESSAGE - The MOTION for Summary Judgment, Doc.25 and MOTION Attorney Fees, Doc.26 submitted by J. PENA, ESQ. on 9/21/07 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE BY 9/27/07. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (gn ) (Entered: 09/24/2007)

PACER
27 Sept. 25, 2007

MOTION for Summary Judgment and Memorandum of Law by ASSEMBLY OF GOD CHURCH RIVERSIDE, NEW JERSEY, NATIONAL COALITION OF LATINO CLERGY AND CHRISTIAN LEADERS, FRANCO ORDONEZ. (Attachments: # 1 Exhibit Ordinance 16# 2 Exhibit Ordinance 2006-26# 3 Exhibit Newspaper Articles)(PENA, JESUS) (Entered: 09/25/2007)

PACER
28 Sept. 25, 2007

MOTION for Attorney Fees by ASSEMBLY OF GOD CHURCH RIVERSIDE, NEW JERSEY, NATIONAL COALITION OF LATINO CLERGY AND CHRISTIAN LEADERS, FRANCO ORDONEZ. (Attachments: # 1 Exhibit Newspaper Articles# 2 Exhibit Hourly Fees)(PENA, JESUS) (Entered: 09/25/2007)

PACER
Sept. 25, 2007

Setting Deadlines as to 28 MOTION for Attorney Fees, 27 MOTION for Summary Judgment and Memorandum of Law . Motion returnable for 10/19/2007 before Judge Renee Marie Bumb. (Please be advised the motion will be decided on the papers unless otherwise notified by the court) (gn ) (Entered: 09/26/2007)

PACER
29 Oct. 15, 2007

MOTION Waive appearance of Local Counsel for Oral Arguments by ASSEMBLY OF GOD CHURCH RIVERSIDE, NEW JERSEY, NATIONAL COALITION OF LATINO CLERGY AND CHRISTIAN LEADERS, FRANCO ORDONEZ. (PENA, JESUS) (Entered: 10/15/2007)

PACER
Oct. 15, 2007

Setting Deadlines as to 29 MOTION Waive appearance of Local Counsel for Oral Arguments . Motion returnable for 11/16/2007 before Judge Renee Marie Bumb. (gn, ) (Entered: 10/16/2007)

PACER
30 Oct. 16, 2007

Amended MOTION for Attorney Fees by ASSEMBLY OF GOD CHURCH RIVERSIDE, NEW JERSEY, NATIONAL COALITION OF LATINO CLERGY AND CHRISTIAN LEADERS, FRANCO ORDONEZ. (Attachments: # 1 Exhibit Exhibit "A"# 2 Exhibit Exhibit "B"# 3 Exhibit Exhibit "C")(PENA, JESUS) (Entered: 10/16/2007)

PACER
Oct. 16, 2007

Setting Deadlines as to 30 Amended MOTION for Attorney Fees. Motion returnable for 11/16/2007 before Judge Renee Marie Bumb. (gn) (Entered: 10/17/2007)

PACER
31 Oct. 17, 2007

AFFIDAVIT in Support re 30 Amended MOTION for Attorney Fees filed by ASSEMBLY OF GOD CHURCH RIVERSIDE, NEW JERSEY, NATIONAL COALITION OF LATINO CLERGY AND CHRISTIAN LEADERS, FRANCO ORDONEZ. (PENA, JESUS) (Entered: 10/17/2007)

PACER
Oct. 17, 2007

CLERK'S QUALITY CONTROL MESSAGE: Only the attorney electronically submitting a document is permitted to s/ their signature all other signatures must be scanned. Please resubmit the Affidavit with a signature of local counsel by 10/22/07 (gn) (Entered: 10/18/2007)

PACER
32 Oct. 18, 2007

Minute Entry for proceedings held before Judge Renee Marie Bumb : Telephone Conference held on 10/18/2007. Ordered defendant to reply to plaintiffs' motions for summary judgment and for attorney fees by 11/2/07. Ordered plaintiffs' response due by 11/9/07. Ordered oral argument set for 11/30/07 at 2:00p.m. (Court Reporter Ted Formaroli.) (ar1, ) (Entered: 10/18/2007)

PACER
33 Oct. 22, 2007

ORDER DENIED 29 Motion waive appearance at oral argument on October 19, 2007. Signed by Judge Renee Marie Bumb on 10/22/07. (gn) (Entered: 10/22/2007)

PACER
34 Nov. 2, 2007

RESPONSE to Motion re 28 MOTION for Attorney Fees filed by TOWNSHIP OF RIVERSIDE. (gn ) (Entered: 11/05/2007)

PACER

Case Details

State / Territory:

New Jersey

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 15, 2006

Closing Date: Nov. 30, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The class consists of the following ascertainable members: all persons who currently reside in Riverside and find themselves to be negatively affected by the proposed unconstitutional ordinance.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

Township of Riverside

Case Details

Causes of Action:

42 U.S.C. § 1981

42 U.S.C. § 1983

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Federalism (including 10th Amendment)

Other Dockets:

District of New Jersey 1:06-cv-03842

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Source of Relief:

Unknown

Issues

Immigration/Border:

Constitutional rights

Undocumented immigrants - state and local regulation

Recommended Citation