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)

Attorneys(s) for Plaintiff

Sanchez Calderon, William J. (Florida)

Attorneys(s) for Defendant

Heinhold, Douglas L. (New Jersey)

Saponaro, George R. (New Jersey)

Other Attorney(s)

Active

Judge(s)

Bumb, Renee Marie (New Jersey)

Donio, Ann Marie (New Jersey)

Attorneys(s) for Plaintiff

Sanchez Calderon, William J. (Florida)

Attorneys(s) for Defendant

Heinhold, Douglas L. (New Jersey)

Saponaro, George R. (New Jersey)

Other Attorney(s)

Pena, Jesus J. (New Jersey)

Documents in the Clearinghouse

Document

Docket (PACER)

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

Nov. 2, 2007 Docket
1

Complaint for Declaratory, Injunctive and Further Relief

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

Aug. 15, 2006 Complaint
6

Answer and Affirmative Defenses

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

Oct. 3, 2006 Pleading / Motion / Brief
16

Amended Complaint for Declaratory, Injunctive and Further Relief

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

Jan. 5, 2007 Complaint
27

Motion for Summary Judgment and Memorandum of Law

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

Sept. 25, 2007 Pleading / Motion / Brief
34

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 Pleading / Motion / Brief

Resources

Title Description External URL

The Local Dilemma: Preemption and the Role of Federal Standards in State and Local Immigration Laws

Nathan G. Cortez

Dec. 1, 2008

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

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)

Aug. 15, 2006
2

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

Aug. 22, 2006
3

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)

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)

Aug. 31, 2006
4

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)

Sept. 26, 2006
5

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)

Sept. 28, 2006
6

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

Oct. 3, 2006
7

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)

Oct. 3, 2006
8

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)

Oct. 3, 2006
9

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)

Oct. 5, 2006
10

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)

Nov. 13, 2006

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

Dec. 20, 2006
11

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)

Dec. 21, 2006
12

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

Dec. 22, 2006
13

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)

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)

Dec. 27, 2006
14

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)

Jan. 4, 2007
15

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)

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)

Jan. 4, 2007
16

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)

Jan. 5, 2007
17

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)

Jan. 8, 2007
18

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)

Jan. 9, 2007
19

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)

Jan. 23, 2007
20

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)

Jan. 24, 2007
21

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)

Feb. 2, 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)

Feb. 5, 2007
22

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)

Feb. 6, 2007

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

April 16, 2007
23

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)

April 17, 2007

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

May 30, 2007
24

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)

May 30, 2007
25

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)

Sept. 21, 2007
26

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)

Sept. 21, 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)

Sept. 24, 2007
27

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)

Sept. 25, 2007
28

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)

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)

Sept. 25, 2007
29

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)

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)

Oct. 15, 2007
30

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)

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)

Oct. 16, 2007
31

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)

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)

Oct. 17, 2007
32

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)

Oct. 18, 2007
33

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)

Oct. 22, 2007
34

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

Nov. 2, 2007

State / Territory: New Jersey

Case Type(s):

Immigration and/or the Border

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

Township of Riverside (Riverside), City

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

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

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Unknown

Issues

Immigration/Border:

Constitutional rights

Undocumented immigrants - state and local regulation