Case: Lima v. Newark Police Department

U.S. Court of Appeals for the Third Circuit

COMPLAINT against NEWARK POLICE DEPARTMENT, GARRY MCCARTHY, SAMUEL DEMAIO, LYDELL JAMES, JOHN DOE ( Filing fee $ 350 receipt number 1828192.), filed by ROBERTO LIMA. (Attachments: # 1 CIV COV SHT)(dr, ) (Entered: 01/25/2008)

Summons Issued as to NEWARK POLICE DEPARTMENT, GARRY MCCARTHY, SAMUEL DEMAIO, LYDELL JAMES. Days Due - 20. (dr, ) (Entered: 01/25/2008)

ANSWER to Complaint by NEWARK POLICE DEPARTMENT. (Attachments: # 1 cover letter)(NAVAS, DIEGO) (Entered: 02/29/2008)

SCHEDULING ORDER, ( Scheduling Conference set for 5/16/2008 12:00 PM in Newark - Courtroom 10 before Magistrate Judge Patty Shwartz.) Signed by Magistrate Judge Patty Shwartz on 3/13/08. (aa, ) (Entered: 03/14/2008)

ANSWER to Complaint by GARRY MCCARTHY. (Attachments: # 1 Cover letter)(NAVAS, DIEGO) (Entered: 03/31/2008)

ANSWER to Complaint by SAMUEL DEMAIO. (Attachments: # 1 cover letter)(NAVAS, DIEGO) (Entered: 04/02/2008)

ANSWER to Complaint by LYDELL JAMES. (Attachments: # 1 cover letter)(NAVAS, DIEGO) (Entered: 04/02/2008)

STATUS REPORT Joint Discovery Plan by ROBERTO LIMA, NEWARK POLICE DEPARTMENT, GARRY MCCARTHY, SAMUEL DEMAIO, LYDELL JAMES, JOHN DOE. (AZMY, BAHER) (Entered: 05/12/2008)

PRETRIAL SCHEDULING ORDER: Settlement Conference set for 6/25/2008 11:00 AM before Magistrate Judge Patty Shwartz. Final Pretrial Conference set for 2/3/2009 01:00 PM before Magistrate Judge Patty Shwartz. Fact Discovery due by 11/11/2008; etc.. Signed by Magistrate Judge Patty Shwartz on 5/16/08. (sr, ) (Entered: 05/19/2008)

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Scheduling Conference held on 5/16/2008. (aa, )

TEXTORDER, (The settlement conference scheduled for June 25, 2008 has been rescheduled for 8/11/2008 01:00 PM before Magistrate Judge Patty Shwartz. Trial counsel and clients with full settlement authority are required to attend.)ORDERED by Magistrate Judge Patty Shwartz on 6/16/08. (Liriano, I)

NOTICE of Appearance by EMILY B. GOLDBERG on behalf of ROBERTO LIMA (GOLDBERG, EMILY) (Entered: 08/11/2008)

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Settlement Conference held on 8/11/2008. (aa, )

ORDER ON INFORMAL APPL. & AMENDED PRETRIAL SCHEDULING ORDER, ( Amended Pleadings due by 9/26/2008., Discovery due by 11/11/2008., Pretrial Order due by 1/27/2009., Final Pretrial Conference set for 2/3/2009 01:00 PM before Magistrate Judge Patty Shwartz., Status Conference set for 10/21/2008 01:00 PM before Magistrate Judge Patty Shwartz.); etc.. Signed by Magistrate Judge Patty Shwartz on 8/11/08. (DD, ) (Entered: 08/12/2008)

Letter from Emily B. Goldberg re: Unresolved Discovery Disputes. (Attachments: # 1 Affidavit of Emily B. Goldberg)(GOLDBERG, EMILY) (Entered: 09/04/2008)

Exhibit to 12 Letter by ROBERTO LIMA. (GOLDBERG, EMILY) (Entered: 09/05/2008)

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Telephone Conference held on 9/8/2008. (aa, )

ORDER ON INFORMAL APPL. that, no later than 9/15/08, the defts. shall produce the statistics subm. to the Atty. Gen. that reflect cmps. that members of the Police Dept. arrested a person w/out probable cause; that, no later than 9/10/08, the pltf. file his Amended Cmp. that substitutes the "John Doe" for the individual he believes participated in his arrest; that any consent order or motion for leave to file a Second Amended Cmp. shall be fld. no later than 10/13/08; that all other deadlines remain unchanged.. Signed by Magistrate Judge Patty Shwartz on 9/8/08. (DD, ) (Entered: 09/10/2008)

AMENDED COMPLAINT against all defendants all defendants., filed by ROBERTO LIMA.(GOLDBERG, EMILY) (Entered: 09/10/2008)

Request for Summons to be Issued by ROBERTO LIMA as to JOSE ALICEA. (GOLDBERG, EMILY) (Entered: 09/11/2008)

SUMMONS ON AMENDED CMP. Issued as to JOSE ALICEA. Days Due - 20. [mailed to counsel] (DD, ) (Entered: 09/12/2008)

Letter from Plaintiff requesting enlargement of discovery deadlines. (GOLDBERG, EMILY) (Entered: 10/08/2008)

Letter request from plaintiff extending time to amend complt. and complete discovery. (mn, ) (Entered: 10/09/2008)

ORDER ON INFORMAL APPL. & SECOND AMENDED PRETRIAL SCHEDULING ORDER, ( Amended Pleadings due by 11/13/2008., Discovery due by 12/15/2009., Joinder of Parties due by 11/13/2008., Pretrial Order due by 1/27/2009., Final Pretrial Conference set for 2/3/2009 01:00 PM before Magistrate Judge Patty Shwartz., Telephone/Status Conference set for 10/21/2008 01:00 PM before Magistrate Judge Patty Shwartz.); etc.. Signed by Magistrate Judge Patty Shwartz on 10/10/08. (DD, ) (Entered: 10/14/2008)

TEXT ORDER, (The telephone conference scheduled for 10/21/08 has been rescheduled for 11/7/2008 at 09:30 AM before Magistrate Judge Patty Shwartz. Plaintiff shall initiate the telephone call.)ORDERED by Magistrate Judge Patty Shwartz on 10/15/08. (Liriano, I)

TRANSCRIPT of Proceedings held on September 8, 2008 before Judge Shwartz. Court Reporter/Recorder: King Transcription Services. PLEASE NOTE: The complete transcript of these proceedings is maintained in paper format on file in the Clerks Office. To request copies of this transcript, contact the Official Court Reporter or Transcription Service who prepared the transcript. (ji, ) (Entered: 10/16/2008)

Letter from Emily B. Goldberg re: deposition dispute. (Attachments: # 1 Exhibit A)(GOLDBERG, EMILY) (Entered: 10/31/2008)

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 11/03/2008)

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Telephone Conference held on the record on 11/5/2008. (CD #S08-22.) (aa, )

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Telephone Conference held on 11/7/2008. (aa, )

Letter from Emily B. Goldberg (defendants' positions by Diego Navas) re: disputes. (Attachments: # 1 Exhibit)(GOLDBERG, EMILY) (Entered: 11/10/2008)

ORDER ON INFORMAL APPL. that the parties shall present the joint letter setting for disc. disputes for which court-intervention is needed no later than 11/10/08 @ 4:00 p.m.; that no later than 11/10/08, the parties shall provide the Court w/the dates on which the remaining deposition shall be taken; etc.. Signed by Magistrate Judge Patty Shwartz on 11/7/08. (DD, ) (Entered: 11/12/2008)

ORDER ON INFORMAL APPL. that the deposition of Detective James shall take place on 11/19/08; that no later than 11/17/08, defts. shall provide a date for the deposition of Officer Alicea; granting request to reopen the deposition of Officer Silva; granting request to extend the deadline to join parties; etc.. Signed by Magistrate Judge Patty Shwartz on 11/11/08. (DD, ) (Entered: 11/13/2008)

Letter from Emily B. Goldberg, Esq.. (GOLDBERG, EMILY) (Entered: 11/17/2008)

Letter from Diego Navas. (Attachments: # 1 Exhibit)(NAVAS, DIEGO) (Entered: 12/02/2008)

Letter from Emily B. Goldberg providing plaintiff's response to defendants' unilateral letter re 28 Letter. (GOLDBERG, EMILY) (Entered: 12/02/2008)

MOTION to Amend/Correct 15 Amended Complaint by ROBERTO LIMA. (Attachments: # 1 Brief in support of motion to amend complaint, # 2 Certification of Emily B. Goldberg, with exhibits attached, # 3 Proposed Second Amended Complaint, # 4 Text of Proposed Order, # 5 Certificate of Service)(GOLDBERG, EMILY) (Entered: 12/02/2008)

Letter from Emily B. Goldberg requesting Protective Order re: Immigration Status inquiries. (GOLDBERG, EMILY) (Entered: 12/02/2008)

ORDER ON INFORMAL APPL. that the request for court-intervention concerning the disputes set forth in the letter dated 12/2/08 is denied w/out prejudice; that if defts. intend to ask a deponent about his or her immigration status, then the parties shall contact Chmbrs. from the deposition for a ruling before the question is asked; etc.. Signed by Magistrate Judge Patty Shwartz on 12/2/08. (DD, ) (Entered: 12/03/2008)

ORDER ON INFORMAL APPL. that the request for a protective order is denied at this time & the dispute shall be raised as set forth in the Order dated 12/2/08.. Signed by Magistrate Judge Patty Shwartz on 12/3/08. (DD, ) (Entered: 12/04/2008)

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 12/04/2008)

Set Deadlines as to 30 MOTION to Amend/Correct 15 Amended Complaint MOTION to Amend/Correct 15 Amended Complaint. Motion set for 1/5/2009 before Judge Faith S. Hochberg. The motion will be decided on the papers. No appearances required unless notified by the court. (DD, )

ORDER ON INFORMAL APPL. that the defts' opposition to motion for leave to file an Amended Cmp. shall be subm. no later than 12/17/08 & the reply shall be subm. no later than 12/23/08. The motion will be deemed fully subm. on 12/23/08.. Signed by Magistrate Judge Patty Shwartz on 12/4/08. (DD, ) (Entered: 12/05/2008)

Letter from Emily B. Goldberg re 32 Order on Oral Motion,. (GOLDBERG, EMILY) (Entered: 12/05/2008)

ORDER granting pltf's request that the defts notify pltf's counsel of the specific caselaw upon which they will rely, no later than 10:00 a.m. on 12/9/08, etc. Signed by Magistrate Judge Patty Shwartz on 12/5/08. (jd, ) (Entered: 12/08/2008)

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 12/08/2008)

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 12/09/2008)

Letter from Emily B. Goldberg re: Depositions to be held on 12/10/08 re 39 Letter. (GOLDBERG, EMILY) (Entered: 12/09/2008)

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 12/09/2008)

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 12/11/2008)

Letter from Emily B. Goldberg re: urgent need to remove defendants' 12/9/08 letter from ECF re 40 Letter, 39 Letter. (GOLDBERG, EMILY) (Entered: 12/11/2008)

ORDER ON INFORMAL APPL. that no later than 12/16/08, the pltf. shall provide the defts. w/addresses & telephone #'s for Messr. Blanco & Quodomine & the names of their counsel or certify that he does not have an address or telephone # for them other than their work addresses; that the request to seal Docket #39 is denied; etc.. Signed by Magistrate Judge Patty Shwartz on 12/10/08. (DD, ) (Entered: 12/11/2008)

ORDER ON INFORMAL APPL. that the request to seal the defts' 12/9/08 letter is DENIED.. Signed by Magistrate Judge Patty Shwartz on 12/11/08. (DD, ) (Entered: 12/15/2008)

ORDER ON INFORMAL APPL. that the request to adjourning depositions pending resolution of the motion for leave to file an Amended Cmp. is DENIED; that all depositions shall be completed no later than 1/15/09; that all deadlines shall remain unchanged, except that the deadlines assoc. w/motion for summary judgment are vacated & will be set at the Final Pretrial Cnf.. Signed by Magistrate Judge Patty Shwartz on 12/11/08. (DD, ) (Entered: 12/15/2008)

RESPONSE to Motion re 30 MOTION to Amend/Correct 15 Amended Complaint MOTION to Amend/Correct 15 Amended Complaint filed by NEWARK POLICE DEPARTMENT, GARRY MCCARTHY, JOSE ALICEA, SAMUEL DEMAIO, LYDELL JAMES. (Attachments: # 1 Certification, # 2 Exhibit, # 3 Certificate of Service, # 4 filing cover letter)(NAVAS, DIEGO) (Entered: 12/17/2008)

Letter from Emily B. Goldberg re: failure to produce defendant Demaio for deposition. (Attachments: # 1 Exhibit December 10, 2008 Order by Judge Shwartz)(GOLDBERG, EMILY) (Entered: 12/19/2008)

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Telephone Conference held on the record on 12/22/2008. (CD #S08-28.) (aa, )

RESPONSE in Support re 30 MOTION to Amend/Correct 15 Amended Complaint MOTION to Amend/Correct 15 Amended Complaint filed by ROBERTO LIMA. (Attachments: # 1 Affidavit of Emily B. Goldberg, # 2 Certificate of Service)(GOLDBERG, EMILY) (Entered: 12/23/2008)

Letter re 49 Response in Support of Motion. (GOLDBERG, EMILY) (Entered: 12/23/2008)

ORDER ON INFORMAL APPL. & THIRD AMENDED PRETRIAL SCHEDULING ORDER, ( Fact Discovery due by 1/29/2009., Proposed Pretrial Order due by 3/24/2009., Final Pretrial Conference set for 4/2/2009 01:00 PM before Magistrate Judge Patty Shwartz.); etc.. Signed by Magistrate Judge Patty Shwartz on 12/22/08. (DD, ) (Entered: 12/24/2008)

RESPONSE in Support re 30 MOTION to Amend/Correct 15 Amended Complaint MOTION to Amend/Correct 15 Amended Complaint Correction Version with Exhibits filed by ROBERTO LIMA. (Attachments: # 1 Affidavit (Corrected, filed with exhibits), # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I, # 6 Exhibit J, # 7 Exhibit K, # 8 Index L, # 9 Exhibit Exhibit M, # 10 Exhibit N, # 11 Exhibit O, # 12 Exhibit P, # 13 Exhibit Q, # 14 Exhibit R)(GOLDBERG, EMILY) (Entered: 12/24/2008)

Certification of Certification of Service for Corrected Reply brief on behalf of ROBERTO LIMA Re 52 Response in Support of Motion,. (GOLDBERG, EMILY) (Entered: 12/24/2008)

ORDER granting 30 Motion to Amend/Correct Cmp., no later than 1/6/09; that Rule 26 disclosures & doc. demands shall be served upon deft., Latorre by 1/15/09 & deft., Monell no later than 1/9/09; etc.. Signed by Magistrate Judge Patty Shwartz on 12/24/08. (DD, ) (Entered: 12/30/2008)

AMENDED COMPLAINT (Second) against all defendants all defendants., filed by ROBERTO LIMA.(GOLDBERG, EMILY) (Entered: 01/05/2009)

Request for Summons to be Issued by ROBERTO LIMA as to MICHAEL LATORRE. (GOLDBERG, EMILY) (Entered: 01/06/2009)

Request for Summons to be Issued by ROBERTO LIMA as to Marquis Carter. (GOLDBERG, EMILY) (Entered: 01/06/2009)

Request for Summons to be Issued by ROBERTO LIMA as to JOHN BREWINGTON. (GOLDBERG, EMILY) (Entered: 01/06/2009)

Request for Summons to be Issued by ROBERTO LIMA as to ROMESH SUKHDEO. (GOLDBERG, EMILY) (Entered: 01/06/2009)

Request for Summons to be Issued by ROBERTO LIMA as to ROGER J. IMHOF. (GOLDBERG, EMILY) (Entered: 01/06/2009)

SUMMONS ON AMENDED CMP. [SECOND]Issued as to MICHAEL LATORRE, Marquis Carter, JOHN BREWINGTON, ROMESH SUKHDEO, ROGER J. IMHOF. Days Due - 20 [mailed to counsel] (DD, ) (Entered: 01/08/2009)

Notice of Pro Bono Appearance by STEVEN M. GABOR on behalf of ROBERTO LIMA (GABOR, STEVEN) (Entered: 01/15/2009)

Letter from Emily B. Goldberg. (GOLDBERG, EMILY) (Entered: 01/15/2009)

NOTICE of Appearance by MONICA Y. CHO on behalf of SAMUEL DEMAIO, LYDELL JAMES (CHO, MONICA) (Entered: 01/19/2009)

ORDER ON INFORMAL APPL. & FOURTH AMENDED PRETRIAL SCHEDULING ORDER, ( Fact Discovery due by 2/10/2009., Dispositive Motions due by 2/20/2009., Pretrial Order due by 3/24/2009., Final Pretrial Conference set for 4/2/2009 10:00 AM before Magistrate Judge Patty Shwartz.); etc.. Signed by Magistrate Judge Patty Shwartz on 1/16/09. (DD, ) (Entered: 01/20/2009)

Letter from Emily B. Goldberg requesting clarification of 12/24/08 Order. (GOLDBERG, EMILY) (Entered: 01/21/2009)

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 01/21/2009)

ORDER ON INFORMAL APPL. that the request for "clarification" of the 12/24/08 Order is DENIED.. Signed by Magistrate Judge Patty Shwartz on 1/22/09. (DD, ) (Entered: 01/23/2009)

Substitution of Attorney - Attorney RAVINDER S. BHALLA and MONICA Y. CHO for SAMUEL DEMAIO and LYDELL JAMES added. Attorney DIEGO F. NAVAS terminated.. (CHO, MONICA) (Entered: 01/26/2009)

Letter from Monica Y. Cho, Esq. Counsel for Samuel DeMaio and Lydell James. (CHO, MONICA) (Entered: 01/29/2009)

Letter from Diego Navas. (NAVAS, DIEGO) (Entered: 01/30/2009)

ANSWER to Complaint with Jury Demand Separate Defenses, CROSSCLAIM against NEWARK POLICE DEPARTMENT by MICHAEL LATORRE.(RICCI, RONALD) (Entered: 02/02/2009)

ORDER granting defts., CITY OF NEWARK & GARRY MCCARTHY's request for a 5 day extension of the date to respond to pltf's doc. demands until 2/5/09; all other deadlines remain unchanged.. Signed by Magistrate Judge Patty Shwartz on 1/30/09. (DD, ) (Entered: 02/03/2009)

TEXT ORDER, (There shall be a telephone conference set for 2/6/2009 at 01:15 PM before Magistrate Judge Patty Shwartz. Mr. Navas shall initiate the call.)ORDERED by Magistrate Judge Patty Shwartz on 2/3/09. (drc, )

Letter from Ronald J. Ricci. (RICCI, RONALD) (Entered: 02/04/2009)

Substitution of Attorney - Attorney RONALD J. RICCI and RONALD J. RICCI for MICHAEL LATORRE and JOSE ALICEA added.. (RICCI, RONALD) (Entered: 02/04/2009)

ANSWER to Amended Complaint, CROSSCLAIM against NEWARK POLICE DEPARTMENT by SAMUEL DEMAIO, LYDELL JAMES.(CHO, MONICA) (Entered: 02/13/2009)

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Telephone Conference held on the record on 2/13/2009. (CD #S09-4.) (aa, )

Letter from Steven M. Gabor. (GABOR, STEVEN) (Entered: 02/17/2009)

ORDER ON INFORMAL APPL. & FIFTH AMENDED PRETRIAL SCHEDULING ORDER, ( Fact Discovery due by 4/10/2009., Dispositive Motions due by 4/24/2009., Pretrial Order due by 5/19/2009., Final Pretrial Conference set for 5/28/2009 10:00 AM before Magistrate Judge Patty Shwartz.); etc.. Signed by Magistrate Judge Patty Shwartz on 2/13/09. (DD, ) (Entered: 02/17/2009)

First MOTION for Default Judgment as to Roger Imhof, Romesh Sukhdeo, John Brewington and Marquis Carter by ROBERTO LIMA. (GABOR, STEVEN) (Entered: 02/27/2009)

Set Deadlines as to 79 First MOTION for Default Judgment as to Roger Imhof, Romesh Sukhdeo, John Brewington and Marquis Carter. Motion set for 4/6/2009 before Judge Faith S. Hochberg. The motion will be decided on the papers. No appearances required unless notified by the court. (DD, )

ORDER terminating 79 Motion for Default Judgment; Pltf. subm. a proper request for the entry of Default by 3/13/09 then Pltf. may resubm. its Motion for Default Judgment.. Signed by Judge Faith S. Hochberg on 3/3/09. (DD, ) (Entered: 03/03/2009)

NOTICE of Appearance by FREDERICK BENNO POLAK on behalf of Marquis Carter, JOHN BREWINGTON, ROMESH SUKHDEO, ROGER J. IMHOF (POLAK, FREDERICK) (Entered: 03/06/2009)

Letter from Frederick B. Polak, Esq.. (POLAK, FREDERICK) (Entered: 03/06/2009)

Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Telephone Conference held on 3/12/2009. (aa, )

ORDER ON INFORMAL APPLICATION & SIXTH AMENDED PRETRIAL SCHEDULING ORDER: Final Pretrial Conference set for 9/14/2009 01:00 PM before Magistrate Judge Patty Shwartz., Discovery due by 6/19/2009; etc. Signed by Magistrate Judge Patty Shwartz on 3/12/09. (sr, ) (Entered: 03/13/2009)

Letter from Emily B. Goldberg. (GOLDBERG, EMILY) (Entered: 03/13/2009)

Letter from Frederick B. Polak, Esq. re 84 Letter. (POLAK, FREDERICK) (Entered: 03/13/2009)

ORDER ON INFORMAL APPL. that the pltf. shall make available his entire file of disc., pleadings & correspondence, regardless of the source, & a copy machine for use by the Essex County defts. on 3/18/09 so they may obtain copies of the materials exchanged in this case; that all other terms of the order dated 3/12/09 shall remain in full force & effect.. Signed by Magistrate Judge Patty Shwartz on 3/13/09. (DD, ) (Entered: 03/17/2009)

Letter from Emily B. Goldberg, Esq.. (Attachments: # 1 Certification of Emily B. Goldberg, Esq., # 2 Exhibit A-D, # 3 Certificate of Service)(GOLDBERG, EMILY) (Entered: 03/23/2009)