*NOT FOR PUBLICATION* OPINION FREDA L. WOLFSON , Chief District Judge . Before the Court is an appeal brought by appellants Edward J. Kloss ("Kloss") and Kloss Company, LLC d/b/a Crib & Teen City ("Crib & Teen") (collectively, "the Kloss Parties") from two separate orders ("Orders") entered by the United States Bankruptcy Court for the District of New Jersey ("Bankruptcy Court"). The Orders disposed of an adversary proceeding commenced in the Bankruptcy Court by appellee Munir Hussain ("...
ORDER DENYING MOTION FOR PROTECTIVE ORDER LOIS H. GOODMAN , Magistrate Judge . THIS MATTER comes before the Court by Motion (the "Motion") brought by the Township of Bernards, Township of Bernards Township Committee, and Township of Bernards Planning Board (collectively, "Movants" or "Township Defendants") for a protective order to limit the scope of certain depositions. Movants filed a brief ("Moving Brief") in support of their motion. [Docket Entry No. 52]. Christopher Quick and...
NOT FOR PUBLICATION OPINION CLAIRE C. CECCHI , District Judge . This matter comes before the Court on the motion of Defendant the United States of America ("Defendant") (ECF No. 7), to dismiss Plaintiff Adams, Nash & Haskell, Inc.'s ("Plaintiff" or "ANH") Amended Complaint (ECF No. 5, "Am. Compl."). Defendant moves to dismiss this action for improper venue under Federal Rule of Civil Procedure 12(b)(3), or alternatively, to transfer venue to the District of Columbia under 28 U.S.C. 1404(...
OPINION and ORDER KEVIN McNULTY , District Judge . Defendant Northland Group, Inc., by this motion (DE 62), seeks reconsideration of this Court's opinion (DE 60) and order (DE 61) denying its motion to compel arbitration (DE 44) of the claims brought against it by plaintiff Jennifer Maher. 1 For the following reasons, the motion is DENIED. I write for the parties and do not repeat my prior analysis; familiarity with the matter is assumed. The standards governing a motion for...
MEMORANDUM OPINION & ORDER [Docket #81] REN E MARIE BUMB , District Judge . This matter comes before the Court upon the Motion to Compel filed by Defendant/Counterclaimant Maxis Health System. The Court has reviewed the parties' briefs [Docket #s 81, 87, 91] and held oral argument on the motion on May 30, 2019. After the parties were unable to resolve among themselves the remaining disputes concerning the scope of Plaintiff Cooper Health System's attorney-client privilege waiver as it...
MEMORANDUM AND ORDER PETER G. SHERIDAN , District Judge . This matter comes before the Court on motions to dismiss filed by Defendant Asbury Park Board of Education (the "School District") and Barry Ellenwood ("Ellenwood") (and together, "Defendants"). (ECF Nos. 27, 31). At the outset, Plaintiff conceded at oral argument that Barry Gramenty was improperly pled in the Amended Complaint as a defendant; and acknowledged that the correct defendant should have been Barry Ellenwood. As such, the...
OPINION KEVIN McNULTY , District Judge . Plaintiff Myrna Williams is an employee of Defendant Verizon New Jersey ("Verizon"). (1AC 4 (DE 1)). 1 She has raised a variety of statutory and common law claims against her employer relating to alleged discrimination on the basis of her race, which is African-American. Currently before the Court is the motion of Defendant Verizon to dismiss Plaintiff's first amended complaint in its entirety. (DE 17). I make a few observations at the outset....
Not for Publication OPINION JOHN MICHAEL VAZQUEZ , District Judge . This matter comes before the Court on an unopposed motion to dismiss for failure to prosecute by Defendant Rentokil North America, Inc. ("Rentokil"). Def. Br. 23. 1 The Court reviewed all submissions made in support and considered the motion without oral argument pursuant to Fed. R. Civ. P. 78(b) and L. Civ. R. 78.1(b). For the following reasons, Defendant's motion is GRANTED I. FACTS AND PROCEDURAL HISTORY The...
OPINION MADELINE COX ARLEO , District Judge . I. INTRODUCTION This matter having come before the Court on Petitioner's submission of a Petition for a writ of habeas corpus. For the reasons explained in this Opinion, the Court will grant the writ of habeas corpus and direct the government to provide Petitioner with an individualized bond hearing before an immigration judge within 7 days, pursuant to the standards set forth in Diop v. ICE/Homeland Sec., 656 F.3d 221 , 231-35 (3d Cir....
NOT FOR PUBLICATION OPINION CLAIRE C. CECCHI , District Judge . Currently before this Court is Sergeant B. Williams's ("Defendant") motion to dismiss Plaintiff's complaint (the "Motion"). ECF No. 33 Plaintiff opposed the Motion (ECF No. 36), to which Defendant replied (ECF No. 37). For the following reasons, this Court will grant the Motion and will dismiss Plaintiff's complaint (the "Complaint") without prejudice for failure to comply with the service requirements of Rule 4(m) of the...
NOT FOR PUBLICATION MEMORANDUM OPINION MICHAEL A. SHIPP , District Judge . This matter comes before the Court upon Plaintiff Lydia Cotz's ("Plaintiff") Motion for a Temporary Restraining Order ("TRO") pursuant to Rule 65 of the Federal Rules of Civil Procedure. (ECF No. 2.) Defendant Diane Gutierrez-Scaccetti ("Defendant"), in her official capacity as Commissioner of the New Jersey Department of Transportation ("NJDOT"), opposed (ECF No. 7), and Plaintiff replied (ECF No. 8). The Court...
OPINION NOEL L. HILLMAN , District Judge . Petitioner Ernest Lail seeks to bring a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. See ECF No. 1 (petition). The filing fee for a petition for writ of habeas corpus is $5.00. Pursuant to Local Civil Rule 54.3(a), the filing fee is required to be paid at the time the petition is presented for filing. Pursuant to Local Civil Rule 81.2(b), whenever a prisoner submits a petition for writ of habeas corpus and seeks to proceed...
OPINION REN E MARIE BUMB , District Judge . Pro se plaintiff, Sandra Lopaz, brings this suit asserting various claims against the United States Government and its officers. Lopaz alleges that Defendants, the U.S. Department of Housing and Urban Development, "HUD"; Ben Carson, Secretary of HUD; John Lucey, Director, Federal Housing Administration ("FHA") Office of Asset Sales; and Brian Montgomery, FHA Commissioner, in their official capacities, violated the law when HUD sold Lopaz's FHA-...
OPINION Hon. Joseph H. Rodriguez , UNITED STATES DISTRICT JUDGE . This matter comes before the Court on Motion to Dismiss Plaintiff's Claim for Punitive Damages by Third Party Defendant Ohio Security Insurance Company ("Ohio Security") [Dkt. No. 30], improperly designated as Liberty Mutual Insurance Company, and Third Party Defendant Ohio Security's Motion for Partial Summary Judgment [Dkt. No. 46]. The Court has considered the parties' written submissions pursuant to Fed. R. Civ. P. 78 (...
OPINION ROBERT B. KUGLER , District Judge . This matter comes before the Court upon Defendant's Motion (Doc. 21) to Dismiss Plaintiff's Second Amended Complaint ("SAC") (Doc. 20). For the reasons detailed herein, Defendant's motion is GRANTED. I. BACKGROUND 1 Some time prior to February 26, 2018, Plaintiff Lori Lynn Hague ("Plaintiff") incurred a debt to Capital One Bank (USA), N.A. ("Capital One"). (SAC 14.) This debt arose from a credit card that Plaintiff opened and used for...
NOT FOR PUBLICATION OPINION ROBERT B. KUGLER , District Judge . This matter comes before the Court upon Defendant Detective Andrew DiGiambatista's Motion for Summary Judgment (Doc. No. 24). Defendant investigated Plaintiff Ryan D. Harley for an alleged robbery, leading to his arrest. However, Defendant failed to act when Plaintiff and other individuals presented him with an alibi, needlessly prolonging Plaintiff's detention. Nevertheless, Defendant is entitled to qualified immunity, and...
NOT FOR PUBLICATION OPINION REN E MARIE BUMB , District Judge . This matter comes before the Court upon Petitioner's motion to alter judgment pursuant to Federal Rule of Civil Procedure 59(e) (ECF No. 46) and Respondents' brief in opposition (ECF No. 47.) For the reasons discussed below, the Court denies reconsideration. I. BACKGROUND Following a jury trial in the New Jersey Superior Court, Law Division, Camden County, Petitioner was convicted of robbery, felony murder, and related...
OPINION FREDA L. WOLFSON , Chief District Judge . I. INTRODUCTION Plaintiff, Kenneth Pagliaroli ("Pagliaroli" or "Plaintiff"), is a state prisoner, presently incarcerated at New Jersey State Prison ("NJSP"), in Trenton, New Jersey, who is proceeding pro se with an Amended Complaint asserting civil rights claims under 42 U.S.C. 1983 and state law. Defendant Abu Ahsan, M.D. ("Dr. Ahsan"), Ihuoma Nwachukwu, M.D. ("Dr. Nwachukwu"), and Providers Donique Ivery ("Ivery"), Joy Camarillo ("...
NOT FOR PUBLICATION OPINION BRIAN R. MARTINOTTI , District Judge . Before this Court is Defendants Indu Tolia's ("Tolia") and Care LLC's (individually, "Care"; collectively with Tolia, "Defendants") Motion to Dismiss pro se Plaintiff Lynnann Vorhees's ("Vorhees") Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 43). Vorhees opposes the Motion. (ECF No. 44.) Vorhees also filed an Amended Response. 1 (ECF No. 45.) Defendants did not file a Reply. Having...
NOT FOR PUBLICATION OPINION CLAIRE C. CECCHI , District Judge . This matter comes before the Court on the motion of TEKsystems, Inc. ("TEKsystems") to dismiss J.P. Morgan Chase's ("JPMC") third-party complaint (ECF No. 30). ECF No. 40. No oral argument was heard. Fed. R. Civ. P. 78(b). For the reasons that follow, the motion is granted. I. BACKGROUND In April 2014, JPMC and TEKsystems entered into an agreement (the "Agreement") under which TEKsystems acted as a vendor of software...
