PORRINO, et al. vs. TOWNSHIP OF MAHWAH, et al. (District of New Jersey)

State to Mahwah, NJ: Fear and bigotry will not be tolerated

The Attorney General said in a statement:

“This is an extensive complaint … but the bottom line is very simple — the township council in Mahwah heard the angry, fear-driven voices of bigotry and acted to appease those voices”.

The lawsuit focuses on two ordinances the Mahwah Council passed in their retaliatory attempts to keep out Orthodox Jews from Rockland County.

Settlement (09/17/18): Settlement Agreement


U.S. District Court
District of New Jersey [LIVE] (Newark)
CIVIL DOCKET FOR CASE #: 2:17-cv-11988-JMV-JBC

PORRINO v. TOWNSHIP OF MAHWAH et al
Assigned to: Judge John Michael Vazquez
Referred to: Magistrate Judge James B. Clark

Case in other court:  SUPERIOR COURT OF BERGEN COUNTY, L-000282-17

Cause: 28:1441 Notice of Removal- Civil Rights Act

Date Filed: 11/22/2017
Jury Demand: None
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Movant
ROBERT MOSS represented by ROBERT MOSS
17 NEW STREET
BLOOMFIELD, NJ 07003-3603
973-743-5203
PRO SE
Plaintiff
CHRISTOPHER PORRINO
Attorney General of New Jersey
represented by MEGAN J. HARRIS 
NJ DEPARTMENT OF LAW & PUBLIC SAFETY
124 HALSEY STREET
PO BOX 45029
NEWARK, NJ 07101
973-648-7723
Email: megan.harris@law.njoag.gov
ATTORNEY TO BE NOTICED
Plaintiff
CRAIG SASHIHARA
Director of the New Jersey Division on Civil Rights
represented by MEGAN J. HARRIS 
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
BOB MARTIN
Commissioner of the Department of Environmental Protection
represented by MEGAN J. HARRIS 
(See above for address)
ATTORNEY TO BE NOTICED
V.
Defendant
TOWNSHIP OF MAHWAH represented by MATTHEW J. GIACOBBE 
CLEARY GIACOBBE ALFIERI JACOBS, LLC
169 Ramapo Valley Road
UL-105
Oakland, NJ 07436
973-845-6700
Fax: 201-644-7601
Email: mgiacobbe@cgajlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICEDRUBY KUMAR-THOMPSON 
Cleary, Giocobbe, Alfieri, & Jacobs, LLC
169 Ramapo Valley Road
Upper Level 105
Oakland, NJ 07436
973-845-6700
Fax: 201-644-7601
Email: rkumarthompson@cgajlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
MAHWAH TOWNSHIP COUNCIL represented by ERIC L. HARRISON 
METHFESSEL & WERBEL, ESQS.
2025 LINCOLN HIGHWAY
PO BOX 3012
SUITE 200
EDISON, NJ 08818-3012
(732) 248-4200
Email: harrison@methwerb.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
11/22/2017 1 NOTICE OF REMOVAL by MAHWAH TOWNSHIP COUNCIL from Superior Court of Bergen County, case number BER L 282 17. ( Filing and Admin fee $ 400 receipt number 0312-8277385), filed by MAHWAH TOWNSHIP COUNCIL. (Attachments: # 1 Supplement STATE COURT COMPLAINT)(HARRISON, ERIC) (Entered: 11/22/2017)
11/27/2017 Judge John Michael Vazquez and Magistrate Judge James B. Clark added. (eu, ) (Entered: 11/27/2017)
11/27/2017 CLERK’S QUALITY CONTROL MESSAGE – The case you electronically filed has been processed, however, the following deficiencies were found: Attorney Information: Please be advised, when entering a first appearance in a case, counsel should add their name when prompted. The Clerks office has added RUBY KUMAR-THOMPSON, ESQ. as representing TOWNSHIP OF MAHWAH in this case. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. Cause of Action changed to 28:1441cv Notice of Removal – Civil Rights Act. Party Information modified to reflect information in caption of State Court Complaint . The Clerk’s Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (dam) (Entered: 11/27/2017)
11/29/2017 2 Clerk’s Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney’s address. (dam) (Entered: 11/29/2017)
12/04/2017 3 APPLICATION/MOTION to Intervene by Robert Moss. (cm, ) (Entered: 12/06/2017)
12/18/2017 4 Letter from Plaintiffs (Rule 7.1). (FOO, FARNG-YI) (Entered: 12/18/2017)
12/18/2017 5 ORDER adjourning the pending Motion to Intervene currently returnable 1/2/18 to the next motion date of 1/16/18, etc. Signed by Judge John Michael Vazquez on 12/18/17. (cm, ) (Entered: 12/20/2017)
12/20/2017 Reset Deadlines as to 3 MOTION to Intervene. Motion set for 1/16/2018 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (cm, ) (Entered: 12/20/2017)
12/21/2017 6 Letter from Eric L. Harrison, Esq.. (HARRISON, ERIC) (Entered: 12/21/2017)
12/27/2017 7 CONSENT ORDER extending time for defendants TOWNSHIP OF MAHWAH and MAHWAH TOWNSHIP COUNCIL to file an Answer. Answer due January 30, 2018. Signed by Magistrate Judge James B. Clark on 2/27/2017. (mfr) (Entered: 12/28/2017)
12/27/2017 Answer Due Deadline Update – The document 7 Order has been GRANTED. The answer due date has been set for 1/30/2018. (mfr) (Entered: 12/28/2017)
01/11/2018 8 Letter from Plaintiffs re 4 Letter, 3 MOTION to Intervene, 5 Order, Set/Reset Motion and R&R Deadlines/Hearings,. (FOO, FARNG-YI) (Entered: 01/11/2018)
01/29/2018 9 Letter from Eric L. Harrison, Esq.. (HARRISON, ERIC) (Entered: 01/29/2018)
01/30/2018 10 ORDER granting Defendant’s Township Council of Mahwah, and Township of Mahwah an extension of time to file a response to the complaint until 2/13/18, etc. Signed by Magistrate Judge James B. Clark on 1/30/18. (cm, ) (Entered: 01/30/2018)
01/30/2018 Answer Due Deadline Update – The document 10 Order submitted by MAHWAH TOWNSHIP COUNCIL, TOWNSHIP OF MAHWAH has been GRANTED. The answer due date has been set for 2/13/18. (cm, ) (Entered: 01/30/2018)
01/30/2018 11 ORDER adjourning re 3 MOTION to Intervene to the returnable date of 3/19/18, etc. Signed by Magistrate Judge James B. Clark on 1/30/18. (cm, ) (Entered: 01/30/2018)
01/30/2018 Reset Deadlines as to 3 MOTION to Intervene. Motion set for 3/19/2018 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (cm, ) (Entered: 01/30/2018)
02/12/2018 12 STIPULATION Extending Time to File an Answer, Move or Otherwise Reply to the Complaint by TOWNSHIP OF MAHWAH. (KUMAR-THOMPSON, RUBY) (Entered: 02/12/2018)
02/13/2018 13 STIPULATION AND ORDER granting Defendant a (21) day extension of time to file a response to the complaint until 3/6/18. Signed by Magistrate Judge James B. Clark on 2/13/18. (cm, ) (Entered: 02/13/2018)
02/13/2018 Clerk`s Text Order – The document 13 Stipulation and Order submitted by MAHWAH TOWNSHIP COUNCIL, TOWNSHIP OF MAHWAH has been GRANTED. The answer due date has been set for 3/6/18. (cm, ) (Entered: 02/13/2018)
03/02/2018 14 Letter from Defendant Township of Mahwah requesting additional extension of time to respond to the Complaint. (KUMAR-THOMPSON, RUBY) (Entered: 03/02/2018)
03/05/2018 15 BRIEF in Opposition filed by All Plaintiffs re 3 MOTION to Intervene (HARRIS, MEGAN) (Entered: 03/05/2018)
03/05/2018 16 NOTICE of Appearance by MEGAN J. HARRIS on behalf of All Plaintiffs (HARRIS, MEGAN) (Entered: 03/05/2018)
03/05/2018 17 ORDER granting Defendant’s Township of Mahwah and the Mahwah Township Council an extension of time to file an answer to Plaintiff’s complaint by 3/27/18, etc. Signed by Magistrate Judge James B. Clark on 3/5/18. (cm, ) (Entered: 03/06/2018)
03/27/2018 18 ANSWER to Complaint with JURY DEMAND Separate Defenses and Certifications by TOWNSHIP OF MAHWAH.(KUMAR-THOMPSON, RUBY) (Entered: 03/27/2018)
03/27/2018 19 ANSWER to Complaint with JURY DEMAND by MAHWAH TOWNSHIP COUNCIL.(HARRISON, ERIC) (Entered: 03/27/2018)
04/05/2018 20 LETTER ORDER: Initial Conference set for 5/11/2018 at 11:30 AM in Newark – Courtroom 2A before Magistrate Judge James B. Clark. Signed by Magistrate Judge James B. Clark on 4/5/2018. (seb) (Entered: 04/05/2018)
05/11/2018 Minute Entry for proceedings held before Magistrate Judge James B. Clark: Scheduling Conference held on 5/11/2018. (seb) (Entered: 05/14/2018)
05/11/2018 21 “NOTICE/MOVANT consent & registration form by ROBERT MOSS, to received documents electronically” (JB, ) (Entered: 05/14/2018)
05/18/2018 22 LETTER ORDER: Settlement Conference set for 7/2/2018 at 02:00 PM before Magistrate Judge James B. Clark. Etc. Signed by Magistrate Judge James B. Clark on 5/11/2018. (fp, ) (Entered: 05/18/2018)
07/02/2018 Minute Entry for proceedings held before Magistrate Judge James B. Clark: Settlement Conference held on 7/2/2018. (seb) (Entered: 07/05/2018)
07/05/2018 23 LETTER ORDER: Fact discovery shall be completed by 9/30/2018. Defendants’ request for leave to file a motion to dismiss is DENIED. Signed by Magistrate Judge James B. Clark on 7/5/2018. (jbb) (Entered: 07/05/2018)
08/07/2018 24 LETTER ORDER: A settlement conference is scheduled for 8/27/2018 at 2:00 PM in Newark – Courtroom 2A before Magistrate Judge James B. Clark. All counsel and clients with full settlement authority shall be present, in-person at the conference. By no later than 8/23/2018, the parties are to submit separate confidential ex parte settlement position papers not to exceed five (5) pages. Such letters are not to be filed, but are to be sent directly to Chambers via email(JBC_orders@njd.uscourts.gov). Signed by Magistrate Judge James B. Clark on 8/7/2018. (jbb) (Entered: 08/07/2018)
09/17/2018 25 SETTLEMENT AGREEMENT by CHRISTOPHER PORRINO, CRAIG SASHIHARA. (Attachments: # 1 Text of Proposed Order)(HARRIS, MEGAN) (Entered: 09/17/2018)
09/24/2018 26 CONSENT ORDER AND FINAL JUDGMENT, etc. Signed by Judge John Michael Vazquez on 9/24/2018. (JB, ) (Entered: 09/24/2018)
09/26/2018 ***Civil Case Terminated. (JB, ) (Entered: 09/26/2018)
01/24/2023 27 NOTICE of Appearance by JONATHAN TESTA on behalf of All Defendants (TESTA, JONATHAN) (Entered: 01/24/2023)
01/24/2023 28 First MOTION to Enforce Judgment entered on September 24, 2018 by All Defendants. (Attachments: # 1 Brief on behalf of Mahwah Defendants, # 2 Certification of Defense Counsel, # 3 Certification of Township Business Administrator, # 4 Exhibit “A” Consent Order and Final Judgment, dated 9-24-2018, # 5 Exhibit “B” Correspondence to Plaintiffs’ Counsel dated 10-24-2022, # 6 Exhibit “C” Emails exchanged between counsel for Defendants and Plaintiffs from 10-24-2022 to 1-19-2023, # 7 Certificate of Service, # 8 Text of Proposed Order)(TESTA, JONATHAN) (Entered: 01/24/2023)
01/24/2023 Set Deadlines as to 28 First MOTION to Enforce Judgment entered on September 24, 2018. Motion set for 2/21/2023 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm) (Entered: 01/24/2023)
02/02/2023 29 STIPULATION of Dismissal with Prejudice of Litigation by MAHWAH TOWNSHIP COUNCIL, TOWNSHIP OF MAHWAH. (Attachments: # 1 Correspondence to Court from Defendants’ Counsel)(TESTA, JONATHAN) (Entered: 02/02/2023)

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