| 08/23/2001 |
CIVIL CASE DOCKETED. Notice filed by Tenafly Eruv Association, Inc., Chaim Book, Yosifa Book, Stephanie Dardick Gottlieb and Stephen Brenner. (CMH) |
| 08/24/2001 |
MOTION by Appellants, Chaim Book, Yosifa Book, and Stephen Brenner for injunction pending appeal, filed. Answer due 09/05/01. Certificate of Service dated 8/23/01. (CMH) |
| 08/24/2001 |
MOTION by Appellants, Tenafly Eruv Assn, Stephanie Dardick Gottlieb, and Stephen Brenner for a stay or injunction pending appeal, filed. Answer due 09/05/01. Certificate of Service dated 8/23/01. (CMH) |
| 08/27/2001 |
LETTER MOTION by Appellants Tenafly Eruv Assn, Stephanie Dardick Gottlieb and Stephen Brenner for leave to file an amended motion, filed. Answer due 09/06/01. Certificate of Service dated 8/24/01. (CMH) |
| 08/27/2001 |
ORDER (Clerk) granting motion to file a corrected motion for stay by Appellants. The corrected motion shall be forwarded to a panel of this court. Counsel for appellants Tenafly, et al. shall make arrangements to retrieve the copies of the motion submitted on August 24,2001 within 10 days from the date of this order or such shall be destroyed, filed. (CMH) |
| 08/28/2001 |
Notice received from district court that the docketing and filing fees have been paid by the appellant on 08/24/01. (CMH) |
| 08/28/2001 |
MOTION by The Becket Fund For Religious Liberty for leave to proceed as amicus curiae in support of Appellants’ motion for Injunction Pending Appeal, filed. Answer due 09/10/01. Certificate of Service dated 8/27/01. (CMH) |
| 09/05/2001 |
APPEARANCE from Attorney Richard D. Shapiro on behalf of Appellants Tenafly Eruv Association, Inc and Stephanie Dardick Gottlieb, filed. (CMH) |
| 09/06/2001 |
APPEARANCE from Attorney Walter A. Lesnevich on behalf of Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz and John T. Sullivan, filed. (CMH) |
| 09/06/2001 |
RESPONSE by Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz and John T. Sullivan, in opposition to motions for injunction pending appeal, received. Certificate of service dated 9/5/01. (CMH) |
| 09/06/2001 |
DISCLOSURE STATEMENT on behalf of Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz, and John T. Sullivan, filed. (CMH) |
| 09/07/2001 |
APPEARANCE from Attorney Robert G. Sugarman on behalf of Appellants Tenafly Eruv Assn, and Stephanie Dardick Gottlieb, filed. (CMH) |
| 09/07/2001 |
APPEARANCE from Attorney Craig L. Lowenthal on behalf of Appellants Tenafly Eruv Assn, and Stephanie Dardick Gottlieb, filed. (CMH) |
| 09/07/2001 |
DISCLOSURE STATEMENT on behalf of Appellant Tenafly Eruv Assn, filed. (CMH) |
| 09/07/2001 |
INFORMATION STATEMENT on behalf of Appellants Tenafly Eruv Assn, and Stephanie Dardick Gottlieb, received. (CMH) |
| 09/07/2001 |
CONCISE SUMMARY OF CASE on behalf of Appellants Tenafly Eruv Assn, and Stephanie Dardick Gottlieb, received. (CMH) |
| 09/07/2001 |
TRANSCRIPT PURCHASE ORDER (Part I), already on file in the District Court Clerk’s Office, filed. (CMH) |
| 09/10/2001 |
Reply by appellants Chaim Book, Yosifa Book and Stephen Brenner to appellees’ response to appellants’ motion for injunction pending apeal, filed. Certificate of service dated 8/23/01. (CMH) |
| 09/12/2001 |
REPLY TO RESPONSE, by Appellants Tenafly Eruv Association, Inc, and Stephanie Dardick Gottlieb, filed. Certificate of service dated 9/7/01 (CMH) |
| 09/14/2001 |
APPEARANCE from Attorney Nathan Lewin on behalf of Appellants Chaim Book, Yosifa Book, and Stephen Brenner, filed. (CMH) |
| 09/17/2001 |
Notice of telephone request to Edward Barocas, counsel for Amicus Curaie Amer Civil Liberties Union of NJ, requesting corrected certificate of service. Response due in 3 days. (GPK) |
| 09/19/2001 |
ORDER (Sloviter, and Barry, Authoring Judge, Circuit Judges) granting motion of The Beckett Fund for Religious Liberty for leave to file Amicus Curiae Brief in support of Appellants’ Motion for Injunction Pending Appeal, filed. A-146 (CMH) |
| 09/19/2001 |
Certified copy of order to Lower Court. (CMH) |
| 09/19/2001 |
ORDER (Sloviter, and Barry, Authoring Judge, Circuit Judges) granting motion by Appellants for a stay or injunction pending appeal, filed. A-145 (CMH) |
| 09/19/2001 |
Certified copy of order to Lower Court. (CMH) |
| 09/19/2001 |
AMICUS BRIEF on behalf of Becket Fund. Pages: 7, Word Count: Under 7,000, Delivered by mail, filed. Certificate of service date 8/27/01. (MCW) |
| 09/20/2001 |
Notice of telephone request to Kevin J. Hasson, counsel for Amicus Curiae Beckett Fund, requesting motion for leave to file amicus brief in non-compliant font size. Response due in 3 days. (MCW) |
| 09/20/2001 |
COMPLIANCE RECEIVED. Amicus Curaie Amer Civil Liberties Union of NJ’s corrected certificate of service, received. (GPK) |
| 09/20/2001 |
AMICUS BRIEF on behalf of ACLU NJ. Pages: 12, Delivered by mail, filed. Certificate of service date 9/18/01. (GPK) |
| 09/21/2001 |
CERTIFIED LIST filed. (CMH) |
| 09/21/2001 |
BRIEFING NOTICE ISSUED. Appellant brief and appendix due 10/31/01. (CMH) |
| 09/21/2001 |
COMPLIANCE RECEIVED. Amicus Curiae Becket Fund motion for leave to file brief in non-forming font size, received. (MCW) |
| 09/21/2001 |
MOTION by Amicus-appellant Becket Fund for leave to file brief in non-compliant font size, filed. Answer due 10/3/01. Certificate of Service date 9/20/01. (MCW) |
| 09/27/2001 |
APPEARANCE from Attorney Kevin J. Hasson on behalf of Amicus-appellant Becket Fund, filed. (CMH) |
| 09/28/2001 |
ORDER (Clerk) granting motion by Amicus-appellant Becket Fund for leave to file brief in non-compliant font size with filing as of September 19, 2001, filed. (MCW) |
| 10/09/2001 |
APPEARANCE from Attorney Ronald K. Chen on behalf of Amicus-appellee ACLU NJ, filed. (CMH) |
| 10/09/2001 |
DISCLOSURE STATEMENT on behalf of Amicus-appellee ACLU NJ, filed. (CMH) |
| 10/31/2001 |
BRIEF/APPENDIX (volume 1 attached) on behalf of Appellants Tenafly Eruv Assn and Stephanie Dardick Gottlieb, Pages: 57, Copies: 10, Word Count: 13,913, Delivered by mail, filed. Certificate of service date 10/31/01. (GPK) |
| 10/31/2001 |
APPENDIX on behalf of Appellants Tenafly Eruv Assn and Stephanie Dardick Gottlieb. Copies: 4, Volumes: 3 (volume 1 attached to brief), Delivered by mail, filed. Certificate of service date 10/31/01. (GPK) |
| 10/31/2001 |
MOTION by Appellants Tenafly Eruv Assn and Stephanie Dardick Gottlieb to lodge exhibits, filed. Answer due 11/13/01. Certificate of Service date 10/31/01. (MCW) |
| 10/31/2001 |
BRIEF/APPENDIX on behalf of Appellants Chaim Book, Yosifa Book and Stephen Brenner. Pages: 39, Copies: 10, Word Count: 7,893, Delivered by mail, filed. Certificate of service dated 10/31/01. (TE) |
| 11/05/2001 |
AMICUS BRIEF on behalf of Amicus-Curiae Union Orthodox, Amer Jewish Comm, Hadassah, Rabbinical Cncl Amer, Anti Defamation and Comm Action in support of Appellant, filed. Pages: 15. Delivered by mail, filed. Certificate of service date 11/5/01. (LAL) |
| 11/08/2001 |
MOTION by Amicus-appellant Becket Fund for leave to proceed as amicus curiae in support of Appellant’s Brief on the Merits, filed. Answer due 11/19/01. Certificate of Service dated 11/7/01. (LAL) |
| 11/14/2001 |
APPEARANCE from Attorney Bruce S. Rosen on behalf of Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz, and John T. Sullivan, filed. (CMH) |
| 11/14/2001 |
MOTION by Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz, John T. Sullivan to strike the briefs of appellants, to hold briefing in abeyance., for extension of time to file brief and granting appellees leave to file an over-length brief, filed. Answer due 11/21/01. Certificate of Service dated 11/8/01. (CMH) |
| 11/15/2001 |
ORDER(Clerk) The foregoing motion by Appellants Tenafly Eruv Assn and Stephanie Dardick Gottlieb to lodge exhibits is granted. Appellants must retrieve the exhibits within 60 days of the conclusion of this appeal or the exhibits will be destroyed, filed. (MCW) |
| 11/15/2001 |
RESPONSE filed by Appellants Chaim Book, Yosifa Book and Stephen Brenner to motion to strike, motion to hold briefing in abeyance, motion for extension of time to file brief, and motion for relief under Rule 32 requirements. Certificate of service dated 11/14/01. (CMH) |
| 11/19/2001 |
RESPONSE filed by Appellants Tenafly Eruv Assn, Stephanie Dardick Gottlieb to motion to strike, motion to hold briefing in abeyance, motion for extension of time to file brief, motion relief Rule 32 requirements. Certificate of service dated 11/16/01. (CMH) |
| 11/21/2001 |
ORDER (Clerk) granting, in the alternative, motion by appellees’ to strike the briefs of appellants, etc. The appellants have disregarded Rule 3.2, Third Circuit Local Appellate Rules. At the least, they should have filed a timely motion for leave to file separate briefs. However, given that the briefs have been submitted, and in light of counsels’ representation that the combined briefs do not exceed 21,806 words, and the length and complexity of the District Court opinion in the case, it would be unduly harsh to strike the briefs for this procedural dereliction. The appellants’ briefs will be filed. This is without prejudice to the submission by the appellees of a motion to strike any specific portion of the briefs raising arguments which are not properly before the court, should they determine that such a motion is appropriate. Appellees are granted leave to file a brief not exceeding 22,000 words. That brief is to be filed and served no later than 30 days from the dte of this order. (CMH) |
| 11/23/2001 |
ORDER(Scirica, Authoring Judge) The foregoing motion by Becket Fund for leave to proceed as amicus curiae in support of Appellants’ brief is granted, filed. (MCW) |
| 11/23/2001 |
AMICUS BRIEF on behalf of Becket Fund. Pages: 12, Word Count: Under 7,000, Delivered by mail, filed. Certificate of service date 11/7/01. (MCW) |
| 11/23/2001 |
APPEARANCE from Attorney Nathan J. Diament on behalf of Amicus-appellants Union Orthodox, Amer Jewish Comm, Hadassah, Rabbinical Cncl Amer, Anti Defamation, Comm Social Action, filed. (CMH) |
| 11/29/2001 |
DISCLOSURE STATEMENT on behalf of Amicus-appellant Becket Fund, filed. (CMH) |
| 12/13/2001 |
APPEARANCE from Attorney Noah R. Feldman on behalf of Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz, and John T. Sullivan, filed. (CMH) |
| 12/14/2001 |
DISCLOSURE STATEMENT on behalf of Amicus-appellant Agudath Israel Amer, filed. (WAB) |
| 12/17/2001 |
JOINT MOTION by Appellees for extension of time to file brief until 12/28/01 and by Appellants to extend time to file reply brief until 1/25/02, filed. Answer due 12/27/01. Certificate of Service date 12/14`/01. (MCW) |
| 12/19/2001 |
ORDER(Clerk) granting joint motion for extension of time to file brief by Appellees and by Appellants extension of time to file reply briefs, filed. Appellees’ brief shall be filed and served on or before December 28, 2001. Appellants’ reply briefs shall be filed and served on or before January 25, 2002. (MCW) |
| 12/28/2001 |
BRIEF on behalf of Appellees. Pages: 102, Copies: 10, Word Count: 20,406, Delivered by mail, filed. Certificate of service dated 12/27/01. (TE) |
| 12/28/2001 |
MOTION by Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz and John T. Sullivan to file supplemental appendix, filed. Answer due 1/10/02. Certificate of Service dated 12/27/01. (TE) |
| 12/28/2001 |
MOTION by Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz and John T. Sullivan to strike arguments raised in the brief of Appellants, filed. Answer due 1/10/02. Certificate of Service dated 12/27/01. (TE) |
| 01/02/2002 |
APPEARANCE from Attorney Mordechai Biser on behalf of Amicus-appellant Agudath Israel Amer, filed. (CMH) |
| 01/02/2002 |
DISCLOSURE STATEMENT on behalf of Amicus-appellant Agudath Israel Amer, filed. (CMH) |
| 01/02/2002 |
AMICUS BRIEF on behalf of Agudath Israel Amer. Pages: 18, Word Count: 3,806, Delivered by mail, filed. Certificate of service date 11/7/01. (MCW) |
| 01/15/2002 |
ORDER (Clerk) granting motions to file supplemental appendix by Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz and John T. Sullivan with filing as of the date of this order. Also referring to the merits panel the motion to strike arguments raised in Appellant’s Brief, filed. SEND TO MERITS PANEL. (TE) |
| 01/15/2002 |
SUPPLEMENTAL APPENDIX on behalf of Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz, and John T. Sullivan. Copies: 4, Volumes: 1, Delivered by mail, filed. Certificate of service dated 12/27/01. (TE) |
| 01/22/2002 |
APPEARANCE from Attorney John C. Salyer on behalf of Amicus-appellee ACLU NJ, filed. (CMH) |
| 01/22/2002 |
AMICUS BRIEF (with parties’ consent) on behalf of ACLU NJ. Pages: 32, Word Count: under 7,000, Delivered by mail, filed. Certificate of service date 1/17/02. (GPK) |
| 01/24/2002 |
REPLY BRIEF on behalf of Appellants Tenafly Eruv Assn and Stephanie Dardick Gottlieb, Copies: 10, Delivered by mail, filed. Certificate of service date 1/24/02. (MCW) |
| 01/25/2002 |
CALENDARED for Thursday, March 21, 2002. (MAC) |
| 01/25/2002 |
REPLY BRIEF on behalf of Appellant Chaim Book, Yosifa Book and Stephen Brenner, Copies: 10, Delivered by mail, filed. Certificate of service date 1/25/02. (GPK) |
| 03/08/2002 |
CLERK’S LETTER to counsel written at the direction of the Court, counsel is hereby advised to comment on whether the District Court properly classified the lechis as symbolic speech under the First Amendment. See, e.g., Spence v. Washington, 418 U.S. 405, 410-411 (1974) (actor’s intent, likelihood of audience understanding of the message, and context may establish symbolic speech); Tenafly, 155 F.Supp.2d at 173. Counsel’s response should address, among other things, the likelihood of audience understanding prong. Parties are to submit their responses via letter brief on or before 5:00 P.M., Friday, March 15, 2002. Response due by 3/15/02. (MAC) |
| 03/15/2002 |
ANSWER dated March 14, 2002 received from Robert G. Sugarman Esq., counsel for Appellants (Tenafly Eruv Assn., et al.) in direct response to the Court’s request of March 8, 2002 requesting comments as to whether the lechis were properly designated symbolic speech by the District Court. , filed. (MAC) |
| 03/15/2002 |
ANSWER dated March 15, 2002 received via facsimile from Nathan J. Diament, counsel for Amicus-appellant (Union of Orthodox Jewish Congregations of America, et al.) in direct response to the Court’s request of March 8, 2002 requesting comments as to whether the lechis were properly designated symbolic speech by the District Court, filed. (MAC) |
| 03/15/2002 |
ANSWER dated March 14, 2002 received from Kevin J. Hasson, Esq., counsel for Amicus-appellant (The Becket Fund for Religious Liberty) in direct response to the Court’s request of March 8, 2002 requesting comments as to whether the lechis were properly designated symbolic speech by the District Court, filed. (MAC) |
| 03/15/2002 |
ANSWER dated March 14, 2002 received from Nathan Lewin, Esq., counsel for Appellant (Chaim Book, et al.) in direct response to the Court’s request of March 8, 2002 requesting comments as to whether the lechis were properly designated symbolic speech by the District Court, filed. (MAC) |
| 03/15/2002 |
ANSWER dated March 14, 2002 received from Ronald K. Chen, Esq., counsel for Amicus-appellee (ACLU NJ) in direct response to the Court’s request of March 8, 2002 requesting comments as to whether the lechis were properly designated symbolic speech by the District Court, filed. (MAC) |
| 03/15/2002 |
ANSWER dated March 14, 2002 received from Bruce S. Rosen, Esq., counsel for Appellees (Borough of Tenafly, et al.) in direct response to the Court’s request of March 8, 2002 requesting comments as to whether the lechis were properly designated symbolic speech by the District Court., filed. (MAC) |
| 03/18/2002 |
Letter dated March 15, 2002, received from Robert G. Sugarman, Esq., counsel for Appellants (Tenafly Eruv Assn., et al.), Mr. Sugarman’s letter reads: “I am writing in response to the Letter Brief of March 14, 2002 filed by the Appellees in response to the Court’s request for “comment on whether the District Court properly classified the lechis as symbolic speech under the First Amendment, ” as set forth in your letter of March 8, 2002.” (Please see letter for more information.) (MAC) |
| 03/21/2002 |
ARGUED Thursday, March 21, 2002 Panel: Nygaard, Roth and Ambro, Circuit Judges. (MAC) |
| 03/21/2002 |
COURT RESPONSE REQUEST AT ORAL ARGUMENT. The Court directed counsel to file a transcript of oral argument within 14 days of oral argument. Response due by 4/4/02. (MAC) |
| 03/28/2002 |
Letter dated 3/28/02 from Bruce Rosen, Esq., construed as a Motion to Allow Filing of Post Argument Letter-Brief, filed. filed. Answer due 04/10/02. Certificate of Service dated 3/28/02. (CMH) |
| 04/01/2002 |
Letter dated 4/01/02 from Robert G. Sugarman, Esq., in Response to the Letter-Brief, filed. Certificate of service dated 4/1/02. (CMH) |
| 04/02/2002 |
Letter dated 04/02/02 from Nathan Lewis, Esq., in Response to the Letter Brief, filed. Certificate of service dated 4/1/02. (CMH) |
| 04/08/2002 |
Copy of transcript of tape of oral argument on Thursday, March 21, 2002, submitted by Craig Lowenthal, Esq., of Weil Gotshal, counsel fro Appellants in the above-referenced matter prepared at the direction of the Court. (EH) |
| 04/12/2002 |
ORDER (Nygaard, Authoring Judge, Roth and Ambro, Circuit Judges) denying Appellee’s motion to allow filing of post-argument letter brief, filed. (CMH) |
| 04/24/2002 |
LETTER dated 4/23/02 received pursuant to Rule 28(j) from counsel for appellant, Nathan Lewin, Esquire. (SMA) |
| 05/08/2002 |
Letter dated 5/7/02 from Bruce S. Rosen, Esq., counsel for Appellees Borough of Tenafly, et al., in response to the 28(j) letter dated 4/23/03, received. (CMH) |
| 10/24/2002 |
PUBLISHED PRECEDENTIAL REPORTED OPINION (Nygaard, Roth and Ambro, Authoring Judge, Circuit Judges), filed. (CMH) |
| 10/24/2002 |
JUDGMENT, Reversed and District Court is directed to issue the preliminary injunction requested by Appellants, filed. Cost taxed Against Appellees. (CMH) |
| 11/07/2002 |
PETITION by Appellee’s for rehearing en banc, filed. Certificate of service dated 11/6/02. (CMH) |
| 11/07/2002 |
BILL OF COSTS filed by Appellants Tenafly Eruv Assn and Stephanie Dardick Gottlieb. Certificate of service dated 11/6/02 (CMH) |
| 11/07/2002 |
BILL OF COSTS filed by Appellants Chaim Book, Yosifa Book, and Stephen Brenner. Certificate of service dated 11/6/02 (CMH) |
| 11/15/2002 |
MOTION by Proposed Amicus-Appellee Amer United for leave to proceed as amicus curiae and to file brief in support of panel or banc rehearing, filed. Answer due 11/26/02. Certificate of Service dated 11/13/02. (CMH) |
| 11/20/2002 |
ORDER (Nygaard, Roth and Ambro, Authoring Judge, Circuit Judges) denying as moot motion by Proposed Amicus-Amer United for leave to proceed as amicus curiae, filed. (CMH) |
| 11/20/2002 |
ORDER (Becker, Chief Judge, Sloviter, Scirica, Nygaard, Alito, Roth, McKee, Rendell, Barry, Ambro, Authoring Judge, Fuentes and Smith, Circuit Judges) denying petition for en banc rehearing by Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz and John T. Sullivan, filed. (CMH) |
| 11/29/2002 |
MANDATE ISSUED, filed. (RLS) |
| 11/29/2002 |
RECORD released. (RLS) |
| 12/04/2002 |
Uncontested MOTION by Appellants Tenafly Eruv Assn and Stephanie Dardick Gottlieb for 30 days extension of time to file application for attorney’s fees and expenses, filed. Answer due 12/16/02. Certificate of Service dated 12/3/02. (CMH) |
| 12/04/2002 |
MOTION by Appellants Chaim Book, Yosifa Book and Stephen Brenner for Attorney’s fees in the amount of $74,924.50, filed. Answer due 12/16/02. Certificate of Service dated 12/3/02. (CMH) |
| 12/12/2002 |
ORDER (Ambro, Circuit Judge) granting motion to extend time to file attorney’s fees by Appellants Tenafly Eruv and Stephanie Dardick Gottlieb. Defendants-Appellees have until Friday, January 3, 2003 to make an application for attorneys’ fees and expenses pursuant to LAR Misc 108.1, filed. (CMH) |
| 12/16/2002 |
UNCONTESTED MOTION by Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck and Ann Moscovitz for an extension of time to file opposition to appellants’ application for an award of attorney’s fees and expenses, filed. Answer due 12/26/02. Certificate of Service dated 12/13/02. (CMH) |
| 12/19/2002 |
ORDER (Ambro, Authoring Circuit Judge) granting Appellees’ motion to extend time to file opposition to appellants’ application for an award of attorney’s fees and expenses, filed. (CMH) |
| 12/27/2002 |
Uncontested MOTION by Appellants Tenafly Eruv Assn and Stephanie Dardick Gottlieb for an additional 30 day extension of time to file application for attorney’s fees with declaration of Richard D. Shapiro in support attached, filed. Certificate of Service dated 12/26/02. (DMM) |
| 01/03/2003 |
ORDER (Nygaard, Roth, Ambro, Authoring Judge, Circuit Judges) granting Appellants Tenafly Eruv Assn and Stephanie Dardick Gottlieb motion for additional time to file application for attorneys fees, filed. (CMH) |
| 01/03/2003 |
MOTION by Appellants Tenafly Eruv Assn and Stephanie Dardick Gottlieb Memorandum of Law in support of Motion for attorney’s fees and costs treated as a motion for attorney’s fees together with affirmations of Richard D. Shapiro and Robert G. Sugarman, filed. Answer due 01/16/03. Certificate of Service dated 1/2/03. (CMH) |
| 01/13/2003 |
MOTION by Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz and John T. Sullivan for extension of time to file a consolidated response to Appellants’ Applications for an award of attorneys’ fees until 2/20/03, with declaration of Bruce S. Rosen in support of motion for extension of time, filed. Answer 1/27/03. Certificate of Service dated 1/10/03. (LML) |
| 01/22/2003 |
ORDER (Ambro, Authoring Circuit Judge) granting Appellees’ Tenafly, et al., motion to extend time to file response to Appellant’s Application for attorneys fees until February 20, 2003, filed. (CMH) |
| 02/10/2003 |
U.S. Supreme Court order dated 02/05/03 for an extension to file a petition for writ of certiorari to include April 19, 2003, at S.C. number: 02A640, filed. (CMH) |
| 02/11/2003 |
MOTION by Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson and John T. Sullivan to stay consideration of appellants’ application for attorney’s fees, filed. Answer due 02/24/03. Certificate of Service dated 2/10/03. (CMH) |
| 02/12/2003 |
ORDER AMENDING PUBLISHED OPINION ( Nygaard, Roth and Ambro, Authoring Judge, Circuit Judges), filed. (CMH) |
| 02/20/2003 |
RESPONSE by Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz, and John T. Sullivan in in opposition to motion for Attorney’s fees, received. Certificate of service dated 2/20/03. (CMH) |
| 02/21/2003 |
ORDER (Nygaard, Roth & Ambro, Authoring Judge, Circuit Judges) granting motion by Appellees, Tenafly, et al., for stay of this Court’s consideration of Appellants’ fees applications until disposition of Defendants-Appellees’ petition for of certiorari to the United States Supreme Court, filed. (CMH) |
| 03/03/2003 |
REPLY by Appellants to Appellees’ response to Appellants’ motion for attorneys’ fees, filed. Certificate of service dated 2/28/03. (CMH) |
| 03/06/2003 |
Letter dated 3/5/03 treated as a MOTION by Appellees Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz and John T. Sullivan to strike the Reply Memorandum and Affirmation submitted by Appellants Tenafly Env and Stefanie Dardik Gotlieb, filed. Answer due 03/19/03. Certificate of Service dated 3/5/03. (CMH) |
| 03/21/2003 |
RESPONSE by Appellants Tenafly Eruv Assn and Stephanie Dardick Gottlieb in opposition to Appellee’s motion to strike reply memorandum and affirmation, received. Certificate of service dated 3/19/03. (CMH) |
| 04/28/2003 |
Supreme Court of U.S. notice filed advising petition for writ of certiorari filed by Appellees. Filed in the Supreme Court on 4/18/03 at Supreme Ct. case number: 02-1536. (MGD) |
| 06/27/2003 |
U.S. Supreme Court order dated 6/23/03, at S.C. number: 02-1536, denying petition for writ of certiorari by Appellees, filed. (MGD) |
| 08/28/2003 |
Letter dated August 28, 2003 by Bruce S. Rosen, Esq. advising the Court that the parties have been engaged in settlement discussions, which would encompass the issues in the fee application, received. (TE) |
| 08/29/2003 |
Letter dated August 28, 2003 form Bruce Rosen, Esq. attorney for Appellee Borough of Tenafly requesting that the Court defer action on the motion for fees pending discussions by the parties. (CMH) |
| 03/11/2004 |
Letter dated 03/05/04 received from Robert G. Sugarman, Esq., counsel for Appellants Tenafly Eruv Assn and Stefanie Dardik Gotlieb, informing the court to proceed with its consdiration and determination of their applications for fees and costs. (CMH) |
| 04/22/2004 |
WITHDRAW OF APPEARANCE: attorney Bruce S. Rosen for John T. Sullivan, Ann Moscovitz, Arthur Peck, Richard Wilson, B. Kerge, Charles Lipson and Tenafly withdrawing appearance. (CMH) |
| 05/17/2004 |
Letter dated 05/14/04 from Nathan Lewin, Esq., counsel for Appellant’s Chaim Book, Yosifa Book and Stephen Brenner requesting that the Court be presented with the pending motion for attorneys’ fees for a decision. (CMH) |
| 08/31/2006 |
ORDER ( Ambro, Authoring Judge, Nygaard and Roth, Circuit Judges) denying Appellee’s e Tenafly, Charles Lipson, Martha B. Kerge, Richard Wilson, Arthur Peck, Ann Moscovitz and John T. Sullivan denying motion to strike the reply memorandum, filed. (CMH) |
| 09/01/2006 |
NOT PRECEDENTIAL OPINION (Ambro, Authoring Judge, Nygaard, Roth, Circuit Judges) Opinion on Motions for Attorneys Fees, filed. Total Pages: 18. (CMH) |
| 09/01/2006 |
ORDER ( Ambro, Authoring Judge, Nygaard, Roth, Circuit Judges) Ordered and Ajdudged by this Court that the pending motions for attorneys’ fees and costs by appellants Tenafly Eruv Association, Inc. and Stefanie Dardik Gotlieb is granted in the amount of $339,189.00. The motion for attorneys’ fees by appellants Chaim Book, Yosifa Book, and Stephen Brenner is granted in the amount of $74,882.00. All of the above in accordance with the opinion of this Court issued this date on the matter of attorneys’ fees, filed. (CMH) |
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