Case: Muhammad v. Terhune

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Third Circuit

No Court

ACLU New Jersey

COMPLAINT filed FILING FEE $ 150.00 RECEIPT # 272493 (femp) (Entered: 06/24/1999)

NOTICE of Allocation and Assignment filed. Magistrate Judge STANLEY R. CHESLER (femp) (Entered: 06/24/1999)

Complaint Received. (femp)

ORDER directing Clerk to issue summons and USM to serve summons and complaint w/all costs of srvc advanced by United States ( signed by Judge Maryanne T. Barry ) (femp) (Entered: 07/15/1999)

LETTER By DAWUD MUHAMMAD Re: Exhibit A and Exhibit B which were inadvertently omitted from complaint (copy to MTB) (femp) (Entered: 07/27/1999)

SUMMONS(ES) issued for JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT ( 20 Days) (USM) (femp)

Notice of MOTION for injunctive relief by DAWUD MUHAMMAD, Motion set for 9/13/99 on [5-1] motion proof of srvc. (Brief/PO Subm) (femp) (Entered: 08/16/1999)

Plaintiff's BRIEF filed Re: motion for injunctive relief (femp) (Entered: 08/16/1999)

RETURN OF SERVICE executed as to JACK TERHUNE, HOWARD L. BEYER 8/23/99 Answer due on 9/12/99 for HOWARD L. BEYER, for JACK TERHUNE (femp) (Entered: 09/02/1999)

RETURN OF SERVICE executed as to STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT 8/17/99 Answer due on 9/6/99 for IRENE LIPPERT, for TERRY MOORE, for STEVEN PINCHAK (femp) (Entered: 09/08/1999)

APPLICATION by JACK TERHUNE, HOWARD L. BEYER and Clerk's Order extending time to answer. Answer due 9/28/99 for HOWARD L. BEYER, for JACK TERHUNE (femp) (Entered: 09/14/1999)

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 09/13/99; The following actions were taken, [5-1] motion for injunctive relief taken under advisement; rule 78 By Judge Maryanne T. Barry (femp) (Entered: 09/20/1999)

ORDER, setting scheduling conference for 10/28/99 ( signed by Mag. Judge Stanley R. Chesler ) (mn) (Entered: 09/29/1999)

ORDER granting [5-1] motion for injunctive relief ordering deft. Jack Terhune to provide pltfs. with halaal foods ( signed by Judge Maryanne T. Barry ) (nr) (Entered: 10/14/1999)

Notice of MOTION to extend time to answer complaint by JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT, Motion set for 11/22/99 on [13-1] motion w/supporting affidavit, cert of service (SILB/PO Subm) (jd) (Entered: 10/20/1999)

Notice of MOTION for reconsideration of [12-1] order by STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT, Motion set for 11/22/99 on [14-1] motion cert of service, affidavit attacged (Brief/PO Subm) (jd) Modified on 10/26/1999 (Entered: 10/26/1999)

SCHEDULING ORDER setting Discovery cutoff 2/28/00 ; Pretrial conference 4/28/00 ; ( signed by Mag. Judge Stanley R. Chesler )n/m (aa) (Entered: 10/28/1999)

Notice of MOTION to maintain class action by DAWUD MUHAMMAD, BRUCE STUBBS, WILLIAM MORRISON, MUJAHID SHARIF, HALIM SHAHID, HAKIM M. ABDULLAH, TERRENCE COBBS, WILLIAM LACUE, N. ISMAIL, RODNEY SEASE, Motion set for 12/13/99 on [16-1] motion letter brief and cert. of service . (PO Subm) (bl) (Entered: 11/01/1999)

CERTIFICATE OF SERVICE of opposition brief re: pltfs. motion to certify class by JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT (aa) (Entered: 11/29/1999)

Notice of MOTION to enforce injunction order by DAWUD MUHAMMAD, & cert.of service. Motion set for 1/10/00 on [18-1] motion . (PO Subm) (mn) (Entered: 12/03/1999)

Minute entry: Proceedings recorded by ; Minutes of: 12/13/99; The following actions were taken, granting [13-1] motion to extend time to answer complaint; order signed and filed on 12/20/00 By Mag. Judge Stanley R. Chesler (aa) (Entered: 01/07/2000)

ORDER reassigning action from Judge Barry to Judge Hochberg ( signed by Chief Judge Anne E. Thompson )n/m (aa) (Entered: 12/17/1999)

CASE reassigned to Judge Faith S. Hochberg (aa)

ORDER, extending time to answer, move or otherwise reply nunc pro tunc, within 10 days from the date of this order ( signed by Mag. Judge Stanley R. Chesler ) n/m (aa) (Entered: 12/27/1999)

Notice of MOTION for summary judgment and dismissal of plaintiff's complaint with prejudice by JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, IRENE LIPPERT, Motion set for 2/14/00 on [21-1] motion . (Brief/PO Subm)w/certificate of service. (aa) (Entered: 01/05/2000)

Minute entry: Proceedings recorded by ; Minutes of: 1/18/00; The following actions were taken, granting [13-1] motion to extend time to answer complaint By Judge Faith S. Hochberg (aa) (Entered: 01/19/2000)

JOINT STATUS REPORT by Dawud Muhammad [COPY TO fsh] (ar) (Entered: 01/27/2000)

CERTIFICATE OF SERVICE of Brief re: in opposition to dfts' motion for summary judgement (brief sub.) by DAWUD MUHAMMAD (aa) (Entered: 01/28/2000)

AFFIDAVIT of James Daniel Benedetti on behalf of JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT Re: [21-1] motion for summary judgment and dismissal of plaintiff's complaint with prejudice (aa) (Entered: 02/08/2000)

AFFIDAVIT of Abdul Muhammad on behalf of JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT Re: [21-1] motion for summary judgment and dismissal of plaintiff's complaint with prejudice (aa) (Entered: 02/08/2000)

CERTIFICATION of Sharif Abdur-Raqeeb, Dawud Muhammad and Khalil Ramson on behalf of DAWUD MUHAMMAD Re: in opposition to dfts' motion for summary judgement. w/certificate of service. (aa) (Entered: 02/18/2000)

Minute entry: Proceedings recorded by ; Minutes of: 3/13/00; The following actions were taken, [16-1] motion to maintain class action taken under advisement pursuant to R78 By Judge Faith S. Hochberg (aa) (Entered: 03/15/2000)

Minute entry: Proceedings recorded by ; Minutes of: 3/13/00; The following actions were taken, [14-1] motion for reconsideration of [12-1] order taken under advisement pursuant to R78 By Judge Faith S. Hochberg (aa) (Entered: 03/15/2000)

Minute entry: Proceedings recorded by ; Minutes of: 3/13/00; The following actions were taken, [18-1] motion to enforce injunction order taken under advisement pursuant to R78 By Judge Faith S. Hochberg (aa) (Entered: 03/15/2000)

CERTIFICATE OF SERVICE of pltfs' pretrial information by DAWUD MUHAMMAD, BRUCE STUBBS, WILLIAM MORRISON etal. (aa) (Entered: 04/03/2000)

FINAL PRETRIAL ORDER filed ( signed by Mag. Judge Stanley R. Chesler ) n/m (aa) (Entered: 05/10/2000)

OPINION ( signed by Judge Faith S. Hochberg ) cc: NJLJ (aa) (Entered: 06/21/2000)

ORDER granting [21-1] motion for summary judgment and dismissal of plaintiff's complaint with prejudice denying [18-1] motion to enforce injunction order; dfts' motion for a rehearing on the preliminary injunction is denied as moot; the preliminary injunction currently in place is hereby dissolved; Ordered case closed ( signed by Judge Faith S. Hochberg ) n/m (aa) (Entered: 06/21/2000)

Case closed (aa)

NOTICE OF APPEAL filed at 11:30 a.m. by (pro se) DAWUD MUHAMMAD, Bruce Stubbs, William Morrison, Mujahid Sharif, William Lacue, Halim Shahib, Hakim M. Abdullah, Terrance Cobb, Nurideen Ismail and Rodney Sease Re: [35-1] order and [34-1] opinion. Fee Status: not paid. Copies of notice of appeal sent to Clerk, USCA Attorney(s): ROBERT P. SHANE, DANIEL F. DRYZGA JR., DAWUD MUHAMMAD (DS) Modified on 08/25/2000 (Entered: 07/17/2000)

NOTICE of Docketing ROA from USCA Re: [36-1] appeal USCA NUMBER: 00-2110 (DS) (Entered: 07/24/2000)

NOTICE of Docketing ROA from USCA Re: [36-1] appeal USCA NUMBER: 00-2110 (DS) (Entered: 07/26/2000)

Certified Copy Of Order from the USCA granting ifp motion. Appellant is required to pay the full $105.00 fee in installments regardless of the outcome of the appeal. (DS) (Entered: 08/28/2000)

Record on appeal sent to U.S. Court of Appeals: [36-1] appeal (DS)

USCA recvd record on appeal 6/19/01 (DS)

USCA appeal fees received $ 105.00; Receipt No. 302497 (DS)

USCA recvd cert list in lieu of record 7/25/01 (DS)

Certified Copy Of Order from the USCA denied motions as unnecessary except insofar as the appellants are granted leave to file a typewritten brief in accordance w/Rule 31, FRAP; the filing and docketing fees for this joint appeal have been paid. The assessment made against the appellant, Dawud Muhammad, at the time he was granted leave to proceed ifp is vacated since the fees have been paid and is, accordingly, no longer proceeding ifp except insofar as leave to file a typewritten brief have been granted in this order; appeal no. 00-2110 (DS) (Entered: 08/20/2001)

LETTER by Judge Hochberg to parties and counsel re briefing schedule directing defts. to file brief in support of summary judgment papers by 11/1/02; opposition by 11/29/02; DEFTS TO SERVE REPLY BRIEF by 12/6/02, and motion will be deemed returnable 12/9/02. (bl) (Entered: 10/21/2002)

Copy of OPINION from USCA (ce) (Entered: 11/01/2002)

JUDGMENT OF USCA (certified copy) vacating USDC judgment of June 21, 2000 and remanding matter back to the USDC for further proceedings. (cc:Chambers) (ce) Modified on 11/06/2002 (Entered: 11/01/2002)

Record on appeal returned from U.S. Court of Appeals: [36-1] appeal. USCA# 00-2110 (ce) Modified on 11/01/2002

Letter Order setting briefing schedule for dfts' motion for summary judgment; motion shall be deemed returnable on 12/9/02, etc. ( signed by Judge Faith S. Hochberg ) (aa) (Entered: 11/12/2002)

Letter Order granting extension for 14 days in which dfts. may submit their brief re: motion for summary judgment ( signed by Judge Faith S. Hochberg )n/m (aa) (Entered: 11/13/2002)

Notice of MOTION for summary judgment by JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT, Motion set for 1/13/03 on [46-1] motion w/certsvc. (Brief/PO Subm) (aa) (Entered: 11/20/2002)

CERTIFICATION of David Ragonese on behalf of JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT Re: [46-1] motion for summary judgment (aa) (Entered: 11/20/2002)

AFFIDAVIT of Imam Abdul Muhammad on behalf of JACK TERHUNE, HOWARD L. BEYER, STEVEN PINCHAK, TERRY MOORE, IRENE LIPPERT Re: [46-1] motion for summary judgment (aa) (Entered: 11/20/2002)

LETTER first request for production of documents etc. By DAWUD MUHAMMAD [copy to fsh] (ar) (Entered: 12/10/2002)

Plaintiff's BRIEF & Appendix filed Re: in opposition to Motion for Summary Judgment {copy sent to (FSH)} (DD) (Entered: 01/02/2003)

ORDER appointing Pro Bono Counsel for DAWUD MUHAMMAD, BRUCE STUBBS, WILLIAM MORRISON, MUJAHID SHARIF, HALIM SHAHID, HAKIM M. ABDULLAH, TERRENCE COBBS, WILLIAM LACUE, N. ISMAIL, RODNEY SEASE ; Appointing attorney EDWARD L. BAROCAS. ( signed by Judge Faith S. Hochberg ) (copy to M) (bl) (Entered: 01/10/2003)

LETTER By DAWUD MUHAMMAD of copies of two opinions that are part of appendix to brief (copy to FSH) (jd) Modified on 01/10/2003 (Entered: 01/10/2003)

Letter Order staying briefing and resolution of deft's motion until 2/6/02( signed by Judge Faith S. Hochberg )n/m (aa) (Entered: 01/30/2003)

Notice of MOTION for Edward Barocas to withdraw as attorney by DAWUD MUHAMMAD, BRUCE STUBBS, WILLIAM MORRISON, etal. Motion set for 2/24/03 on [54-1] motion w/attch'd Certification of Edward Barocas & certsvc. (PO Subm) (aa) (Entered: 02/04/2003)

ORDER stating that Mag. Judge Arleo is to hear counsel's unopposed emergent motion to be relieved by counsel & Mag. Judge Arleo shall decide whether counsel shall be permitted to file the Supplemental Certification of Edward Barocas under seal ( signed by Judge Faith S. Hochberg ) (NM) (aa) (Entered: 02/11/2003)

ORDER [54-1] motion for Edward Barocas to withdraw as attorney referred to Magistrate Judge Madeline C. Arleo, etc. ( signed by Judge Faith S. Hochberg ) (NM) (aa) (Entered: 02/18/2003)

ORDER granting [54-1] motion for Edward Barocas to withdraw as attorney (Terminated attorney EDWARD L. BAROCAS for RODNEY SEASE, attorney EDWARD L. BAROCAS for N. ISMAIL, attorney EDWARD L. BAROCAS for WILLIAM LACUE, attorney EDWARD L. BAROCAS for TERRENCE COBBS, attorney EDWARD L. BAROCAS for HAKIM M. ABDULLAH, attorney EDWARD L. BAROCAS for HALIM SHAHID, attorney EDWARD L. BAROCAS for MUJAHID SHARIF, attorney EDWARD L. BAROCAS for WILLIAM MORRISON, attorney EDWARD L. BAROCAS for BRUCE STUBBS, attorney EDWARD L. BAROCAS for DAWUD MUHAMMAD; & indicating pltfs will rely on pro se brief already submitted, defts' reply brief shall be fld. by 3/28/03. ( signed by Magistrate Judge Madeline C. Arleo ) (NM) (sr) (Entered: 03/14/2003)

Notice of MOTION for appointment of counsel by DAWUD MUHAMMAD, Motion set for 4/28/03 on [58-1] motion cert of service (PO Subm) (jd) (Entered: 03/28/2003)

CERTIFICATION of Dawud Muhammad on behalf of DAWUD MUHAMMAD in support of [58-1] motion for appointment of counsel (jd) (Entered: 03/28/2003)

ORDER appointing Pro Bono Counsel for DAWUD MUHAMMAD, BRUCE STUBBS, WILLIAM MORRISON, MUJAHID SHARIF, HALIM SHAHID, HAKIM M. ABDULLAH, TERRENCE COBBS, WILLIAM LACUE, N. ISMAIL, RODNEY SEASE ; granting [58-1] motion for appointment of counsel ( signed by Magistrate Judge Patty Shwartz ) (jd) (Entered: 05/08/2003)

Notice of MOTION to supplement the record by DAWUD MUHAMMAD, Motion set for 6/23/03 on [61-1] motion CILB, w/cert of service. (PO Subm) (sr) (Entered: 05/15/2003)

Notice of MOTION to enforce preliminary injunction by DAWUD MUHAMMAD, WILLIAM MORRISON, MUJAHID SHARIF, HALIM SHAHID, HAKIM M. ABDULLAH, TERRENCE COBBS, WILLIAM LACUE, N. ISMAIL, Motion set for 7/14/03 on [62-1] motion cilb and cert. of service . (Brief/PO Subm) (bl) (Entered: 06/03/2003)

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 6/9/03; The following actions were taken, [46-1] motion for summary judgment taken under advisement Rule 78 By Judge Faith S. Hochberg (ak) (Entered: 06/11/2003)

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 6/23/03; The following actions were taken, [61-1] motion to supplement the record taken under advisement. Rule 78 By Judge Faith S. Hochberg (cs) (Entered: 06/26/2003)

ORDER appointing Pro Bono Counsel for DAWUD MUHAMMAD ; Appointing attorney J. BARRY COCOZIELLO. ( signed by Judge Faith S. Hochberg ) (ar) (Entered: 07/02/2003)

OPINION AND ORDER administratively terminating defts' motion for summary judgment; pltfs' motion to supplement the record and pltfs' motion to enforce the Preliminary Injunction; the court will notify counsel of a status conference date for the purpose of addressing the issues in this case; court will establish an orderly schedule for re-filing and briefing of the parties respective motions at the status conference. ( signed by Judge Faith S. Hochberg ) (jd) (Entered: 07/14/2003)

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 7/14/03; The following actions were taken, adm terminated on 7/7/03 re: [62-1] motion to enforce preliminary injunction By Judge Faith S. Hochberg (dc) (Entered: 07/23/2003)

ORDER, that the State will make available Aquil Hakim Onque, Inmate No. 120598, for deposition at East Jersey State Prison etc. ( signed by Judge Faith S. Hochberg ) (NM) (dc) (Entered: 11/13/2003)

Deadline updated; terminating [61-1] motion to supplement the record, terminating [58-1] motion for appointment of counsel, terminating [54-1] motion for Edward Barocas to withdraw as attorney, terminating [46-1] motion for summary judgment (RG)

CASE MANAGEMENT ORDER. Signed by Judge Faith S. Hochberg on 7/29/04. (dc, ) (Entered: 07/30/2004)

STIPULATION OF DISMISSAL AND ORDER dismissing the action w/prejudice and w/out costs. Signed by Judge Faith S. Hochberg on 9/9/04. (dc, ) (Entered: 09/15/2004)

ORDER denying w/out prejudice Pltf's application for temporary restraints and preliminary injunctive relief to enforce the Settlement Agreement entered into by the parties on 9/9/04, etc.. Signed by Judge Faith S. Hochberg on 3/30/05. (dc, ) (Entered: 03/30/2005)

NOTICE OF MOTION for Temporary Restraining Order and/or Preliminary Injunction by DAWUD MUHAMMAD. (Attachments: # 1 EMERGENT MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION# 2 MOTION TO DISPENSE WITH THE REQUIREMENT OF SECURITY# 3 Certification # 4 Text of Proposed Order # 5 Certificate of Service # 6 Statement # 7 Disciplinary Report# 8 Settlement Agreement# 9 Letter dated July 7, 2004# 10 Cover Letter# 11 Cover Letter )(dc, ) (Entered: 04/01/2005)

Set hearing as to 72 EMERGENT MOTION for Temporary Restraining Order and/or Preliminary Injunction. Motion Hearing set for 4/25/2005 10:00 AM before Judge Faith S. Hochberg. Please be advised that this motion will be decided on the papers unless otherwise notified by the court. (dc, )