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.
- The first ordinance, in which Mahwah tried to shoehorn a sign ordinance to prevent the Eruv from going up, was discussed in detail here: Mahwah is in Search of a Violation.
- The second ordinance, in which Mahwah tried to limit access to parks which accepted public funding from the county, was discussed in detail here: Neutral Laws of General Applicability… we promise!
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
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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