In October 2020, the Al Ummah Community Center (also known as AUCC) commenced a lawsuit against the Township, the Zoning Board of Adjustment, Building Department officials, and others.
This week, Judge Kevin McNulty dismissed the amended complaint (without prejudice) largely for the reasons I outlined back in October 2020.
Teaneck was represented by Thomas B. Hanrahan of Hanrahan Pack, LLC.
| 11/15/2022 | 127 | OPINION. Signed by Judge Kevin McNulty on 11/15/2022. (sm) (Entered: 11/15/2022) |
| 11/15/2022 | 128 | ORDER that the motions to dismiss 94 , 95 , 96 and 97 are granted. ***CIVIL CASE TERMINATED. Signed by Judge Kevin McNulty on 11/15/2022. (sm) (Entered: 11/15/2022) |
What was the suit about?
UPDATE (11/20/22): Plaintiffs filed another amended complaint on Friday, 11/18. It will take a little while to evaluate the new / changing claims)
As per Plaintiffs:
“This case is about religious liberties and the discriminatory and unequal practices of the Teaneck, its employees, and its Zoning Board of Adjustments… Despite years and thousands of dollars spent to appease the Defendants’ unlawful and discriminatory requirements, Defendants continue to act in violation of the Constitutions of the United States and New Jersey, as well as the Federal law explicitly prohibiting religious discrimination by discriminating against the Plaintiffs and imposing an unlawful burden on the practice of their faith.”
– Page 2 of amended complaint (Introduction)
Did the town discriminate against AUCC? Or was something else going on?
As it turned out, Judge McNulty said the case was more about the difficulties of land use and getting projects through boards.
“AUCC’s frustration is palpable. It emphasizes in the amended complaint that it has been “going through this process for years with no end in sight.” (Compl. ¶213.) Adding insult to injury, the ZBA has demanded that AUCC put up more money to fund its continued application process. (Id. ¶162.) The delay and AUCC’s frustration, however, are hardly unique in the annals of local land use regulation, and the process does seem to be at least potentially moving ahead, on a revised legal basis.”
– Opinion at page 14
Let’s run through the opinion:
In the complaint, Plaintiffs state:
On October 1, 2020, Defendants denied Plaintiffs’ BOA application.
– Amended complaint at 225
Judge McNulty:
“At the motion to dismiss stage, a court must accept all factual allegations in the complaint as true and construe the complaint in the light most favorable to the plaintiff. The court is not required, however, “to credit factual allegations contradicted by indisputably authentic documents on which the complaint relies.”” (cleaned up).
“In this instance, the complaint is grounded in part on the ZBA’s alleged denial of AUCC’s application on October 1, 2020; hence, the court may consider the undisputedly authentic decision of the ZBA, which the defendants attached to their briefs.3 Because the ZBA’s decision makes it clear that AUCC’s application was dismissed without prejudice, I will not credit the allegation in the complaint that the application was ever formally and finally denied.”
Plain English: AUCC said that they were denied before the zoning board, but the zoning board didn’t deny them (no formal or final decision was ever reached) and the Judge wasn’t buying it.
Plaintiffs also alleged in the complaint:
“No variance or appeal to the BOA is required and the permit should have been granted outright.”
Amended Complaint at 49
Again, Judge McNulty was not so sure this was true:
“I also will not credit the allegation that, under the then-prevailing zoning classification, no use variance from the ZBA was required for AUCC’s proposed community center. The Teaneck development regulations, of which I take judicial notice, do not list community centers under the permitted uses in the Public Lands zone. Although recreational facilities are allowed in the Public Lands zone, AUCC emphasizes throughout its complaint that it sought to create a religious community center with a range of amenities, including recreational facilities. (See, e.g., Compl. ¶6.) Indeed, AUCC itself, in another connection, accuses the defendants of “purposefully misconstru[ing] the Site as a recreational and community facility, rather than the Religious Community Center that it is.” (Id. ¶126.) It may be apparent, as AUCC says, that a variance should have been granted, but it is not at all apparent that one was not required.” (emphasis added)
Opinion at page 11
Ripeness, Mootness, and Exhaustion
There were three main issues in the opinion:
Ripeness: Were the issues “ripe” for the Court to hear or did they have to be explored further before the land use board?
You can find the Ripeness discussion on page 7 of the opinion.
Mootness: Did a change of ordinance by the Township “moot” various issues raised in the complaint, and foreclose adjudication by the court because there was no longer a case and controversy?
You can find the Mootness discussion on page 9 of the opinion.
Exhaustion: Did the plaintiff go through all procedural steps in the process (to “exhaust” the available remedies) before going to court?
You can find the Exhaustion discussion in footnote 2 on page 8 of the opinion.
Council action changed the calculus
When AUCC’s zoning issues first came before the Town Council, I advocated for changing the zoning ordinance. The reason for a zoning change was simple: one variance was required based on the zoning that did not apply.
Here, a “P” (Public) zone was in place because the lot used to be a public school. Now, the private entity which bought the building sought to create a community center. It was appropriate to update the zoning to reflect the change in use from a public school..
Judge McNulty:
“Were it not for the passage of the Ordinance, I might be inclined to agree with AUCC on the ripeness issue. That Ordinance, however, presents an additional wrinkle not present in the cited case law. This is not merely a case of waiting in vain for the ZBA to change its mind. Rather, the Township seems to have stepped in and taken back responsibility from the ZBA; it passed the Ordinance, which changed the regulatory environment in a manner facially favorable to AUCC’s application. Pursuant to the Ordinance, the property is now located in the Community Center Overlay district, where community center use is explicitly allowed. (DE 94, Ex. A.) It is thus more than possible that a renewed application to the Township could result in the issuance of a permit without any need to seek a use variance from the ZBA. AUCC has not alleged facts sufficient to demonstrate that it would be futile to pursue this path, which could circumvent the ZBA entirely.”
Opinion at page 14“When it comes to ripeness, the critical question is “whether there might be a better time to hear the case down the road.” See Israelite Church of God in Jesus Christ, Inc. v. City of Hackensack (cleaned up). Through passage of the Ordinance, the Township has in effect reasserted its primacy and relegated the ZBA to the back seat. To go forward on that basis, rather than attempting to dissect and correct the prior ZBA proceedings, seems by far the better course. AUCC’s sweeping claims for injunctive relief, as presented, would require the Court to step into the shoes of the ZBA and grant all permits and approvals sought. A far superior time to hear such a case would be after the AUCC has applied anew to the Township under the Ordinance. Of course, it is still possible that the Township could deny certain parts of the application, requiring AUCC to involve the ZBA, but that possibility is precisely the point: AUCC’s claims for injunctive relief rest upon the contingent future event of how the Township would respond to its renewed application.5 It is at least plausible that the Township enacted the Ordinance, not to stymie AUCC’s application, but to relieve the impasse before the ZBA. Until AUCC applies, we will not know how the new Ordinance affects its proposal. And it would make little sense for this Court to preemptively state that such an application must be granted irrespective of its content or its relation to these newly enacted standards. (emphasis added)
Opinion at page 15.
What happens next?
While it’s impossible to know for certain, since the zoning was updated to allow the community center as a permitted use, I would assume that the AUCC applicants would be able to have a site plan review before the Planning Board, at which time, we will get a better idea as to whether or not approval (or denial) of the application will happen.
The docket appears below
| CLOSED,SCHEDO |
U.S. District Court
District of New Jersey [LIVE] (Newark)
CIVIL DOCKET FOR CASE #: 2:20-cv-14181-KM-ESK
| AL UMMAH COMMUNITY CENTER et al v. TEANECK et al Assigned to: Judge Kevin McNulty Referred to: Magistrate Judge Edward S. Kiel Cause: 42:1983 Civil Rights Act |
Date Filed: 10/09/2020 Date Terminated: 11/15/2022 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| AL UMMAH COMMUNITY CENTER a New Jersey Non-Profit Corporation also known as AUCC FAMILY, EDUCATION AND FAITH CENTER |
represented by | JOEL SIDNEY SILBERMAN 26 JOURNAL SQUARE, SUITE 300 JERSEY CITY, NJ 07306 201-420-1913 Email: joel@joelsilbermanlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDAYMEN A. ABOUSHI 1441 Broadway, 5th Floor New York, NY 10018 212.391.8500 Fax: 212.391.8508 Email: aymen@aboushi.com ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| RAY OF SUNSHINE FOUNDATION INC. a New Jersey Non-Profit Corporation |
represented by | JOEL SIDNEY SILBERMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDAYMEN A. ABOUSHI (See above for address) ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| TEANECK ZONING BOARD OF ADJUSTMENT And its members |
represented by | ARTHUR MARK NEISS BEATTIE PADOVANO, LLC 50 CHESTNUT RIDGE ROAD SUITE 208 P.O. BOX 244 MONTVALE, NJ 07645-0244 201-573-1810 Fax: 201-573-9736 Email: aneiss@beattielaw.com TERMINATED: 09/20/2022 LEAD ATTORNEY ATTORNEY TO BE NOTICEDDENIS FRANCIS DRISCOLL INGLESINO PEARLMAN WYCISKALA & TAYLOR LLC 600 PARSIPPANY ROAD SUITE 204 PARSIPPANY, NJ 07054 973-947-7111 Fax: 973-887-2700 Email: ddriscoll@iwwt.law LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARTIN RICHARD KAFAFIAN BEATTIE PADOVANO, LLC 200 MARKET STREET SUITE 401 MONTVALE, NJ 07645 201-799-2102 Fax: 201-799-2102 Email: mrk@beattielaw.com TERMINATED: 09/20/2022 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| HARVEY ROSEN | represented by | ERIC DESMOND LEE FLORIO PERRUCCI STEINHARDT CAPPELLI TIPTON & TAYLOR 91 LARRY HOLMES DRIVE EASTON, PA 18042 610-691-7900 Email: elee@floriolaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARK RENART PECK Florio Perrucci Steinhardt & Fader 235 Broubalow Way Phillipsurg, NJ 08865 (908) 454-8300 Fax: 908-454-5827 Email: mpeck@fpsflawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARTIN RICHARD KAFAFIAN (See above for address) TERMINATED: 12/21/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| DANIEL WETRIN | represented by | ERIC DESMOND LEE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARK RENART PECK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARTIN RICHARD KAFAFIAN (See above for address) TERMINATED: 12/21/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| MONICA HONIS | represented by | ERIC DESMOND LEE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARK RENART PECK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARTIN RICHARD KAFAFIAN (See above for address) TERMINATED: 12/21/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| JENNIFER PRINCE | represented by | ERIC DESMOND LEE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARK RENART PECK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARTIN RICHARD KAFAFIAN (See above for address) TERMINATED: 12/21/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| JERRY L BARTA | represented by | ERIC DESMOND LEE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARK RENART PECK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARTIN RICHARD KAFAFIAN (See above for address) TERMINATED: 12/21/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| EDWARD MULLIGAN | represented by | ERIC DESMOND LEE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARK RENART PECK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARTIN RICHARD KAFAFIAN (See above for address) TERMINATED: 12/21/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| ATIF REHMAN | represented by | AJOE ABRAHAM Scarinci Hollenbeck 589 8th Avenue 16th Floor New York, NY 10018 516-459-5146 Email: aabraham@sh-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARTIN RICHARD KAFAFIAN (See above for address) TERMINATED: 12/21/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICEDROBERT E. LEVY SCARINCI & HOLLENBECK, LLC 150 CLOVE ROAD 9TH FLOOR LITTLE FALLS, NJ 07424 201-896-4100 Email: rlevy@sh-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDTHOMAS HUNTER HERNDON SCARINCI HOLLENBECK LLC 589 8TH AVENUE, 18TH FLOOR NEW YORK, NY 10018 212-286-0747 Fax: 212-808-4155 Email: therndon@sh-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARYAM M. MESEHA FISHERBROYLES, LLP 11010 LAKE GROVE BLVD SUITE 100-167 MORRISVILLE, NC 27560 609-250-2405 Email: maryam.meseha@fisherbroyles.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| MARK MERMELSTEIN | represented by | ERIC DESMOND LEE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARK RENART PECK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARTIN RICHARD KAFAFIAN (See above for address) TERMINATED: 12/21/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| ZEV GREEN | represented by | ERIC DESMOND LEE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARK RENART PECK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARTIN RICHARD KAFAFIAN (See above for address) TERMINATED: 12/21/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| JAMES BROWN In their individual and official capacities |
represented by | ERIC DESMOND LEE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARK RENART PECK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDMARTIN RICHARD KAFAFIAN (See above for address) TERMINATED: 12/21/2021 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| DAN MELFI Individually and in his official capacity |
represented by | THOMAS B. HANRAHAN HANRAHAN PACK, LLC 80 GRAND AVENUE, SUITE #2 RIVER EDGE, NJ 07661 (201) 525-1011 Email: thanrahan@hanrahanpacklaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDBRUCE S. ROSEN PASHMAN STEIN WALDER HAYDEN, PC BELL WORKS 101 CRAWFORDS CORNER ROAD STE 4202 HOLMDEL, NJ 07733 201-488-4878 Email: brosen@pashmanstein.com TERMINATED: 04/26/2021 |
| Defendant | ||
| JOHN AND JANE DOES 1-20 In their individual and official capacities |
||
| Defendant | ||
| TEANECK | represented by | THOMAS B. HANRAHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDBRUCE S. ROSEN (See above for address) TERMINATED: 04/26/2021 |
| Defendant | ||
| Adam Myszka | ||
| Defendant | ||
| Adam Myszka | represented by | THOMAS B. HANRAHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text | |||
|---|---|---|---|---|---|
| 10/09/2020 | 1 | COMPLAINT against All Defendants ( Filing and Admin fee $ 400 receipt number ANJDC-11481579) with JURY DEMAND, filed by RAY OF SUNSHINE FOUNDATION INC., a New Jersey Non-Profit Entity, Al Ummah Community Center, AKA AUCC Family, Education and Faith Center, A New Jersey Non Profit Entity. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(ABOUSHI, AYMEN) (Entered: 10/09/2020) | |||
| 10/09/2020 | CLERK’S QUALITY CONTROL MESSAGE – The case you electronically filed has been processed, however, the following deficiencies were found: Party Names . The Clerk’s Office will make the appropriate changes. Please refer to the Guide to Searching and Entering Parties at https://www.njd.uscourts.gov/sites/njd/files/PartyNameGuideforAttorneys.pdf. (jr) (Entered: 10/09/2020) | ||||
| 10/09/2020 | Case assigned to Judge Kevin McNulty and Magistrate Judge Edward S. Kiel. (jr) (Entered: 10/09/2020) | ||||
| 10/13/2020 | 2 | SUMMONS ISSUED as to JERRY L BARTA, JAMES BROWN, ZEV GREEN, MONICA HONIS, DAN MELFI, MARK MERMELSTEIN, EDWARD MULLIGAN, JENNIFER PRINCE, ATIF REHMAN, HARVEY ROSEN, TEANECK, TEANECK ZONING BOARD OF ADJUSTMENT, DANIEL WETRIN. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (qa, ) (Entered: 10/13/2020) | |||
| 10/21/2020 | 3 | SUMMONS Returned Executed by RAY OF SUNSHINE FOUNDATION INC., AL UMMAH COMMUNITY CENTER. All Defendants. (ABOUSHI, AYMEN) Answer due 11/11/2020. Modified on 1/14/2021 (nic). (Entered: 10/21/2020) | |||
| 01/15/2021 | 4 | LETTER ORDER that counsel is directed to request entry of default and move this civil action by filing a motion for default judgment within 30 days from the date here; etc. Signed by Judge Kevin McNulty on 1/15/2021. (sm) (Entered: 01/15/2021) | |||
| 01/25/2021 | 5 | NOTICE of Appearance by MARTIN RICHARD KAFAFIAN on behalf of JERRY L BARTA, JAMES BROWN, ZEV GREEN, MONICA HONIS, MARK MERMELSTEIN, EDWARD MULLIGAN, JENNIFER PRINCE, HARVEY ROSEN, TEANECK ZONING BOARD OF ADJUSTMENT, DANIEL WETRIN (KAFAFIAN, MARTIN) (Entered: 01/25/2021) | |||
| 01/25/2021 | 6 | NOTICE of Appearance by MARTIN RICHARD KAFAFIAN on behalf of JERRY L BARTA, JAMES BROWN, ZEV GREEN, MONICA HONIS, MARK MERMELSTEIN, EDWARD MULLIGAN, JENNIFER PRINCE, ATIF REHMAN, HARVEY ROSEN, TEANECK ZONING BOARD OF ADJUSTMENT, DANIEL WETRIN (KAFAFIAN, MARTIN) (Entered: 01/25/2021) | |||
| 01/25/2021 | 7 | LETTER ORDER: A telephonic initial scheduling conference shall be held on March 17, 2021 at 2:00 p.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. The parties shall file a proposed Joint Discovery Plan no later than three business days before the scheduled initial conference. The Court’s form Joint Discovery Plan can be found at www.njd.uscourts.gov/content/edward-s-kiel. Signed by Magistrate Judge Edward S. Kiel on 1/25/2021. (as, ) (Entered: 01/25/2021) | |||
| 01/25/2021 | 8 | NOTICE of Appearance by BRUCE S. ROSEN on behalf of DAN MELFI, TEANECK (ROSEN, BRUCE) (Entered: 01/25/2021) | |||
| 01/25/2021 | 9 | Letter from Plaintiffs on behalf of all parties requesting that the Court So Order their stipulation re service and extending time to file Answer. (Attachments: # 1 Exhibit Stipulation, # 2 Exhibit Stipulation)(ABOUSHI, AYMEN) (Entered: 01/25/2021) | |||
| 01/25/2021 | 10 | NOTICE of Appearance by JOEL SIDNEY SILBERMAN on behalf of All Plaintiffs (SILBERMAN, JOEL) (Entered: 01/25/2021) | |||
| 01/25/2021 | 11 | STIPULATION AND ORDER ACKNOWLEDGING SERVICE AND EXTENDING DEFENDANTS’ TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFF’S COMPLAINT that Defendants Teaneck and Dan Melfi time to answer is extended up to and including 3/1/2021. Signed by Magistrate Judge Edward S. Kiel on 1/25/2021. (sm) (Entered: 01/26/2021) | |||
| 01/25/2021 | 12 | STIPULATION AND ORDER ACKNOWLEDGING SERVICE AND EXTENDING DEFENDANTS’ TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFF’S COMPLAINT that Defendants Teaneck Zoning Board of Adjustments, Harvey Rosen, Daniel Wetrin, Monica Honis, Jennifer Prince, Jerry L. Barta, Edward Muligan, Atif Rehman, Mark Mermelstein, Zev Green and James Brown that the time for Defendants to answer is extended up to and including 3/1/2021. Signed by Magistrate Judge Edward S. Kiel on 1/25/2021. (sm) (Entered: 01/26/2021) | |||
| 01/26/2021 | Answer Due Deadline Update – The document 9 submitted by TEANECK, DAN MELFI has been GRANTED. The answer due date has been set for 3/1/2021. (sm) (Entered: 01/26/2021) | ||||
| 01/26/2021 | Answer Due Deadline Update – The document 9 submitted by MONICA HONIS, MARK MERMELSTEIN, TEANECK ZONING BOARD OF ADJUSTMENT, JENNIFER PRINCE, EDWARD MULLIGAN, ZEV GREEN, JERRY L BARTA, HARVEY ROSEN, JAMES BROWN, ATIF REHMAN, DANIEL WETRIN has been GRANTED. The answer due date has been set for 3/1/2021. (sm) (Entered: 01/26/2021) | ||||
| 02/25/2021 | 13 | Letter from Plaintiffs on behalf of all parties requesting that the Court extend the time to file an Answer to March 31, 2021. (ABOUSHI, AYMEN) (Entered: 02/25/2021) | |||
| 02/25/2021 | 14 | ORDER granting 13 Letter; The answers are now due on 3/31/2021. Signed by Magistrate Judge Edward S. Kiel on 2/25/2021. (ams, ) (Entered: 02/26/2021) | |||
| 02/26/2021 | 15 | Letter from Martin R. Kafafian re 7 Order,,, Set Hearings,,, Set/Clear Flags,,. (KAFAFIAN, MARTIN) (Entered: 02/26/2021) | |||
| 03/01/2021 | 16 | TEXT ORDER: Pursuant to defendants’ request (ECF No. 15 ), the telephonic initial scheduling conference set for March 17, 2021 is adjourned to April 8, 2021 at 1:00 p.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. The parties shall file a proposed Joint Discovery Plan no later than three business days before the scheduled initial conference. The Court’s form Joint Discovery Plan can be found at www.njd.uscourts.gov/content/edward-s-kiel. So Ordered by Magistrate Judge Edward S. Kiel on 3/1/2021. (as, ) (Entered: 03/01/2021) | |||
| 03/31/2021 | 17 | Letter from all parties requesting an extension of time to file and answer and adjourn the initial conference.. (ABOUSHI, AYMEN) (Entered: 03/31/2021) | |||
| 03/31/2021 | 18 | TEXT ORDER: Pursuant to the parties’ request (ECF No. 17 ), the telephonic initial scheduling conference set for April 8, 2021 is adjourned to May 24, 2021 at 2:00 p.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. The parties shall file a proposed Joint Discovery Plan no later than three business days before the scheduled initial conference on the Court’s form Joint Discovery Plan. In addition, the defendants’ time to answer, move, or otherwise reply is extended to April 30, 2021. So Ordered by Magistrate Judge Edward S. Kiel on 3/31/2021. (as, ) (Entered: 03/31/2021) | |||
| 03/31/2021 | Answer Due Deadline Update – The document 17 submitted by all parties has been GRANTED. The answer due date has been set for 4/30/2021. (as, ) (Entered: 03/31/2021) | ||||
| 04/26/2021 | 19 | Substitution of Attorney – Attorney BRUCE S. ROSEN terminated. Attorney THOMAS B. HANRAHAN for DAN MELFI,THOMAS B. HANRAHAN for TEANECK added.. (HANRAHAN, THOMAS) (Entered: 04/26/2021) | |||
| 04/26/2021 | 20 | NOTICE of Appearance by THOMAS B. HANRAHAN on behalf of DAN MELFI, TEANECK (HANRAHAN, THOMAS) (Entered: 04/26/2021) | |||
| 04/26/2021 | 21 | Application and Proposed Order for Clerk’s Order to extend time to answer as to DEFENDANTS TEANECK and MELFI.. (HANRAHAN, THOMAS) (Entered: 04/26/2021) | |||
| 04/29/2021 | Clerk`s Text Order – The document 21 Application for Clerk’s Order to Ext Answer/Proposed Order submitted by TEANECK, DAN MELFI has been GRANTED. The answer due date has been set for 5/14/2021. (bt, ) (Entered: 04/29/2021) | ||||
| 04/30/2021 | 22 | MOTION to Dismiss by JERRY L BARTA, JAMES BROWN, ZEV GREEN, MONICA HONIS, MARK MERMELSTEIN, EDWARD MULLIGAN, JENNIFER PRINCE, ATIF REHMAN, HARVEY ROSEN, TEANECK ZONING BOARD OF ADJUSTMENT, DANIEL WETRIN. Responses due by 5/24/2021 (Attachments: # 1 Brief, # 2 Declaration Declaration of Daniel L. Steinhagen in support of Defendants’ Motion to Dismiss, # 3 Exhibit A – Complaint, # 4 Exhibit B – AUCC Zoning Application, # 5 Exhibit C – August 1, 2019 Hearing Transcript, # 6 Exhibit D – December 5, 2019 Hearing Transcript, # 7 Exhibit E – January 9, 2020 Hearing Transcript, # 8 Exhibit F – February 6, 2020 Hearing Transcript, # 9 Exhibit G – February 20, 2020 Hearing Transcript, # 10 Exhibit H – March 5, 2020 Hearing Transript, # 11 Exhibit I – October 1, 2020 Hearing Transcript, # 12 Exhibit J – AUCC Site Plan, # 13 Exhibit K – AUCC Architectural Plans, # 14 Exhibit L – AUCC Appeal, # 15 Exhibit M – Residents’ Appeal 1, # 16 Exhibit N – Residents’ Appeal 2, # 17 Exhibit O – May 9, 2019 Zoning Permit, # 18 Exhibit P – Temporary Certificate of Occupancy, # 19 Exhibit Q – Teaneck Development Regulations, # 20 Exhibit R – Email Exchange, # 21 Exhibit S – Email Exchange, # 22 Exhibit T – Letter Brief of AUCC)(KAFAFIAN, MARTIN) (Entered: 04/30/2021) | |||
| 05/06/2021 | Set Deadlines as to 22 MOTION to Dismiss . Motion set for 6/7/2021 before Judge Kevin McNulty. 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. (bt, ) (Entered: 05/06/2021) | ||||
| 05/06/2021 | 23 | Letter from Martin R. Kafafian re 18 Terminate Hearings,,, Order,,, Set Hearings,,. (KAFAFIAN, MARTIN) (Entered: 05/06/2021) | |||
| 05/07/2021 | 24 | ORDER that the initial conference is rescheduled to May 27, 2021 at 2:00 p.m. The dial in number is 1-888-684-8852 and the access code is 310-0383#. The parties shall file a proposed Joint Discovery Plan, using this Court’spreferred form, no later than three business days before the conference. Signed by Magistrate Judge Edward S. Kiel on 5/7/2021. (sm) (Entered: 05/07/2021) | |||
| 05/14/2021 | 25 | MOTION to Dismiss PURSUANT TO 12(b)(1) and 12(b)(6) by DAN MELFI, TEANECK. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order, # 3 Certification, # 4 Brief)(HANRAHAN, THOMAS) (Entered: 05/14/2021) | |||
| 05/17/2021 | 26 | Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 25 MOTION to Dismiss PURSUANT TO 12(b)(1) and 12(b)(6), 22 MOTION to Dismiss . (ABOUSHI, AYMEN) (Entered: 05/17/2021) | |||
| 05/17/2021 | Set Deadlines as to 25 MOTION to Dismiss PURSUANT TO 12(b)(1) and 12(b)(6). Motion set for 6/7/2021 before Judge Kevin McNulty. 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. (bt, ) (Entered: 05/17/2021) | ||||
| 05/26/2021 | 27 | Joint Discovery Plan by AL UMMAH COMMUNITY CENTER, RAY OF SUNSHINE FOUNDATION INC..(SILBERMAN, JOEL) (Entered: 05/26/2021) | |||
| 05/27/2021 | Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephonic Scheduling Conference held on 5/27/2021. (Court Reporter/Recorder None.) (as, ) (Entered: 05/27/2021) | ||||
| 05/27/2021 | 28 | ORDER scheduling a Telephone status Conference on 7/21/2021 at9:30 AM before Magistrate Judge Edward S. Kiel, etc. Signed by Magistrate Judge Edward S. Kiel on 5/27/2021. (lag, ) (Entered: 05/27/2021) | |||
| 07/21/2021 | 29 | ORDER that an in-person settlement conference is scheduled for August 12, 2021 at 2:30 p.m. before Magistrate Judge Edward S. Kiel. Attendance by trial counsel, as well as persons with full settlement authority, is mandatory; the motions at 22 and 25 are administratively terminated. Signed by Magistrate Judge Edward S. Kiel on 7/21/2021. (sm) . (Entered: 07/21/2021) | |||
| 07/21/2021 | Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 7/21/2021. (sms) (Entered: 07/22/2021) | ||||
| 08/04/2021 | 30 | Letter from Plaintiffs advising that confidential settlement memorandum has been submitted to Chambers re 29 Order,. (ABOUSHI, AYMEN) (Entered: 08/04/2021) | |||
| 08/04/2021 | 31 | Letter from THOMAS B. HANRAHAN re: Confidential Settlement Memorandum submitted to Chambers re 29 Order,. (HANRAHAN, THOMAS) (Entered: 08/04/2021) | |||
| 08/04/2021 | 32 | Letter from Martin R. Kafafian Re: Confidential Settlement Memorandum. (KAFAFIAN, MARTIN) (Entered: 08/04/2021) | |||
| 08/06/2021 | 33 | Letter from Martin R. Kafafian Re: Settlement Conference Procedures re 29 Order,. (KAFAFIAN, MARTIN) (Entered: 08/06/2021) | |||
| 08/09/2021 | 34 | ORDER, granting 33 Letter request from Martin R. Kafafian. The members of the Zoning Board are permitted to be available telephonically for the Settlement Conference scheduled for August 12, 2021; etc. Signed by Magistrate Judge Edward S. Kiel on 8/09/2021. (sms) (Entered: 08/10/2021) | |||
| 08/11/2021 | 35 | Third Party Litigation Funding disclosure statement pursuant to L.Civ.R 7.1.1(a)(1-3) filed by AL UMMAH COMMUNITY CENTER. (ABOUSHI, AYMEN) (Entered: 08/11/2021) | |||
| 08/12/2021 | Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: In-person settlement conference held on 8/12/2021. (sms) (Entered: 08/13/2021) | ||||
| 08/12/2021 | 36 | TEXT ORDER: A telephone status conference is scheduled for October 18, 2021 at 9:00 a.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. So Ordered by Magistrate Judge Edward S. Kiel on 8/12/2021. (sms) (Entered: 08/13/2021) | |||
| 10/15/2021 | 37 | Letter from Martin R. Kafafian re 36 Order,, Set Hearings,. (KAFAFIAN, MARTIN) (Entered: 10/15/2021) | |||
| 10/18/2021 | 38 | ORDER that a telephone status conference is scheduled for January 24, 2022 atnoon before Magistrate Judge Edward S. Kiel; the parties shall exchange the information required under Rule 26(a)(1) by November 12, 2021; the parties shall meet and confer for an e-discovery conference pursuant to Local Rule 26.1(d) by November 12, 2021; fact discovery is to remain open through January 31, 2022; Defendants are granted leave to renew their motions to dismiss by November 12, 2021; etc. Signed by Magistrate Judge Edward S. Kiel on 10/18/2021. (sm) (Entered: 10/18/2021) | |||
| 10/18/2021 | Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 10/18/2021. (sms) (Entered: 10/18/2021) | ||||
| 10/25/2021 | 39 | MOTION to Withdraw as Attorney by JERRY L BARTA, JAMES BROWN, ZEV GREEN, MONICA HONIS, MARK MERMELSTEIN, EDWARD MULLIGAN, JENNIFER PRINCE, ATIF REHMAN, HARVEY ROSEN, DANIEL WETRIN. (KAFAFIAN, MARTIN) (Entered: 10/25/2021) | |||
| 10/31/2021 | 40 | TEXT ORDER: As to the letter filed by defendants’ counsel on October 25, 2021 (ECF No. 39 ), counsel is directed to file an appropriate substitution of attorney for the defendants at issue by November 16, 2021. If the substitution of attorney cannot be filed by November 16, 2021, then counsel is directed to file a proper motion to withdraw as counsel that is in accordance with the Federal Rules and the Local Civil Rules, with proof of notice provided to the affected defendants personally. In the interim, the time for all defendants to answer, move, or otherwise reply in response to the complaint is extended to December 1, 2021. So Ordered by Magistrate Judge Edward S. Kiel on 10/31/2021. (sms) (Entered: 10/31/2021) | |||
| 11/11/2021 | 41 | Letter re 38 Order,,. (KAFAFIAN, MARTIN) (Entered: 11/11/2021) | |||
| 11/11/2021 | 42 | Letter re 38 Order,, 41 Letter. (HANRAHAN, THOMAS) (Entered: 11/11/2021) | |||
| 11/12/2021 | 43 | ORDER that Defendants’ separately filed letter requests 41 and 42 will not be considered as they do not indicate whether the request[s] [are] made on consent and do not include a proposed order; defendants are directed to meet and confer with plaintiffs in accordance with paragraph seven of the Court’s civil case management order and to file a joint letter by 11/16/2021. Signed by Magistrate Judge Edward S. Kiel on 11/12/2021. (sm) (Entered: 11/12/2021) | |||
| 11/12/2021 | 44 | Second MOTION to Dismiss by DAN MELFI, TEANECK. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service, # 3 Certification, # 4 Brief)(HANRAHAN, THOMAS) (Entered: 11/12/2021) | |||
| 11/16/2021 | Set Deadlines as to 44 Second MOTION to Dismiss . Motion set for 12/6/2021 before Judge Kevin McNulty. 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. (bt, ) (Entered: 11/16/2021) | ||||
| 11/16/2021 | 45 | Letter from Martin R. Kafafian re 38 Order,,. (Attachments: # 1 Text of Proposed Order)(KAFAFIAN, MARTIN) (Entered: 11/16/2021) | |||
| 11/16/2021 | 46 | MOTION to Withdraw as Attorney by JERRY L BARTA, JAMES BROWN, ZEV GREEN, MONICA HONIS, MARK MERMELSTEIN, EDWARD MULLIGAN, JENNIFER PRINCE, ATIF REHMAN, HARVEY ROSEN, DANIEL WETRIN. (Attachments: # 1 Declaration Declaration of Martin R. Kafafian)(KAFAFIAN, MARTIN) (Entered: 11/16/2021) | |||
| 11/17/2021 | Set Deadlines as to 46 MOTION to Withdraw as Attorney . Motion set for 12/20/2021 before Judge Kevin McNulty. 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. (bt, ) (Entered: 11/17/2021) | ||||
| 11/17/2021 | 47 | ORDER that the deadline to exchange initial disclosures is extended until 12/1/2021; etc. Signed by Magistrate Judge Edward S. Kiel on 11/17/2021. (sm) (Entered: 11/17/2021) | |||
| 11/17/2021 | 48 | Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re 44 Second MOTION to Dismiss . (ABOUSHI, AYMEN) (Entered: 11/17/2021) | |||
| 11/18/2021 | Resetting Deadlines as to 44 Second MOTION to Dismiss . Motion reset for 12/20/2021 before Judge Kevin McNulty. 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. (nic, ) (Entered: 11/18/2021) | ||||
| 11/23/2021 | 49 | TEXT ORDER: A hearing on the motion (Motion) by defendants’ counsel (Counsel) to withdraw as attorney for certain defendants (ECF No. 46 ) is scheduled for December 20, 2021 at 9:00 a.m. (Hearing). The Hearing will be conducted by Zoom, and the Zoom credentials will be provided. Defendants’ deadline to file their responses (Responses) to the Motion is December 7, 2021, with replies to any Responses due December 13, 2021. Counsel is directed to provide defendants, by e-mail and regular mail, by noon on November 29, 2021 with: (1) notice of the date and time of the Hearing; (2) the briefing schedule for the Motion; and (3) a copy of this text order. Counsel will then electronically file on the docket: (1) proof that defendants have been timely notified; and (2) any Responses received from defendants. Counsel will also provide defendants with the Zoom credentials once received. So Ordered by Magistrate Judge Edward S. Kiel on 11/23/2021. (sms) (Entered: 11/23/2021) | |||
| 11/28/2021 | 50 | CERTIFICATE OF SERVICE by TEANECK ZONING BOARD OF ADJUSTMENT re 49 Order,,, 46 MOTION to Withdraw as Attorney (KAFAFIAN, MARTIN) (Entered: 11/28/2021) | |||
| 12/01/2021 | 51 | Letter from Martin R. Kafafian re 47 Order, Set/Reset Motion and R&R Deadlines/Hearings,. (KAFAFIAN, MARTIN) (Entered: 12/01/2021) | |||
| 12/01/2021 | 52 | Second MOTION to Dismiss the Complaint by TEANECK ZONING BOARD OF ADJUSTMENT. Responses due by 1/17/2022 (Attachments: # 1 Text of Proposed Order, # 2 Brief, # 3 Declaration of Daniel Steinhagen, Esq., # 4 Exhibit A – Complaint, # 5 Exhibit B – Application, # 6 Exhibit C – August 1, 2019 Hearing Transcript, # 7 Exhibit D – December 5, 2019 Hearing Transcript, # 8 Exhibit E – January 9, 2020 Hearing Transcript, # 9 Exhibit F – February 6, 2020 Hearing Transcript, # 10 Exhibit G – February 20, 2021 Hearing Transcript, # 11 Exhibit H – March 5, 2020 Hearing Transript, # 12 Exhibit I – October 1, 2020 Hearing Transcript, # 13 Exhibit J – AUCC Site Plan, # 14 Exhibit K – AUCC Architectural Plans, # 15 Exhibit L – AUCC Appeal, # 16 Exhibit M – Residents’ Appeal 1, # 17 Exhibit N – Residents’ Appeal 2, # 18 Exhibit O – May 9, 2019 Zoning Permit, # 19 Exhibit P – Temporary Certificate of Occupancy, # 20 Exhibit Q – Teaneck Development Regulations, # 21 Exhibit R – Email Exchange, # 22 Exhibit S – Email Exchange, # 23 Exhibit T – Letter Brief of AUCC)(KAFAFIAN, MARTIN) (Entered: 12/01/2021) | |||
| 12/02/2021 | 53 | TEXT ORDER: In the interests of justice and efficiency, the motions to dismiss filed by defendants Dan Melfi and Township of Teaneck (ECF No. 44) and by defendant Teaneck Zoning Board of Adjustment (ZBA) (ECF No. 52) are administratively terminated without prejudice, pending the hearing on the motion to withdraw as counsel (ECF No. 46) and further order of the Court. Also, all issues raised in the ZBA’s letter dated December 1, 2021 (ECF No. 51) will be addressed as part of the hearing on the motion to withdraw on December 20, 2021. So Ordered by Magistrate Judge Edward S. Kiel on 12/20/2021. (sms) (Entered: 12/02/2021) | |||
| 12/17/2021 | 54 | Letter from Martin R. Kafafian re 49 Order,,, 46 MOTION to Withdraw as Attorney . (KAFAFIAN, MARTIN) (Entered: 12/17/2021) | |||
| 12/20/2021 | Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Hearing on Motion to withdraw held on 12/20/2021. (sms) (Entered: 12/21/2021) | ||||
| 12/20/2021 | 55 | ORDER granting 46 Motion to Withdraw as Attorney and Beattie Padovano, LLC is terminated as counsel for the Zoning Board Members; Beattie Padovano, LLC shall serve a copy of this order on the Zoning Board Members by regular mail and email by 12/27/2021 and then file proof of such service on the docket immediately thereafter; the Zoning Board Members shall file letters with the Clerk of the Court by 12/31/2021 providing their addresses, telephone numbers and email addresses; Plaintiffs shall file a letter by 1/21/22 advising of the parties’ proposed briefing schedule for motions to dismiss; a telephone status conference is scheduled for 1/24/2022 at noon; etc. Signed by Magistrate Judge Edward S. Kiel on 12/20/2021. (sm) Modified on 12/21/2021 (sm). (Entered: 12/21/2021) | |||
| 01/03/2022 | 56 | CERTIFICATE OF SERVICE by TEANECK ZONING BOARD OF ADJUSTMENT re 55 Order on Motion to Withdraw as Attorney,,, (KAFAFIAN, MARTIN) (Entered: 01/03/2022) | |||
| 01/04/2022 | 57 | Letter from JAMES BROWN. (ld, ) (Entered: 01/04/2022) | |||
| 01/04/2022 | 58 | Letter from Jennifer E. Prince. (Attachments: # 1 Envelope)(sm) (Entered: 01/04/2022) | |||
| 01/10/2022 | 59 | Letter from JERRY L BARTA. (Attachments: # 1 Envelope)(ld, ) (Entered: 01/11/2022) | |||
| 01/11/2022 | 60 | Letter with exhibit from Daniel Wetrin. (Attachments: # 1 Exhibit, # 2 Envelope)(sm) (Entered: 01/11/2022) | |||
| 01/14/2022 | 61 | Letter from Monica Honis. (Attachments: # 1 Envelope)(sm) (Entered: 01/14/2022) | |||
| 01/14/2022 | 62 | NOTICE of Appearance by THOMAS HUNTER HERNDON on behalf of ATIF REHMAN (HERNDON, THOMAS) (Entered: 01/14/2022) | |||
| 01/14/2022 | 63 | NOTICE of Appearance by MARYAM M. MESEHA on behalf of ATIF REHMAN (MESEHA, MARYAM) (Entered: 01/14/2022) | |||
| 01/14/2022 | 64 | Letter from ZEV GREEN. (ld, ) (Entered: 01/18/2022) | |||
| 01/18/2022 | 65 | NOTICE of Appearance by MARK RENART PECK on behalf of JERRY L BARTA, JAMES BROWN, ZEV GREEN, MONICA HONIS, MARK MERMELSTEIN, EDWARD MULLIGAN, JENNIFER PRINCE, HARVEY ROSEN, DANIEL WETRIN (PECK, MARK) (Entered: 01/18/2022) | |||
| 01/20/2022 | 66 | Letter re 55 Order on Motion to Withdraw as Attorney,,,. (HANRAHAN, THOMAS) (Entered: 01/20/2022) | |||
| 01/24/2022 | Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 1/24/2022. (sms) (Entered: 01/24/2022) | ||||
| 01/24/2022 | 67 | TEXT ORDER: A telephone status conference is scheduled for February 14, 2022 at 3:00 p.m. Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. Additionally, the time in which defendant Atif Rehman can answer or move as to the complaint is extended to February 25, 2022. So Ordered by Magistrate Judge Edward S. Kiel on 12/29/2021. (sms) (Entered: 01/24/2022) | |||
| 02/11/2022 | 68 | Letter from Plaintiffs regarding Defendant Zoning Board of Adjustment’s deficient responses and ongoing pattern of obstruction. (Attachments: # 1 Exhibit Defendant ZBA’s delayed and deficient responses to discovery)(ABOUSHI, AYMEN) (Entered: 02/11/2022) | |||
| 02/14/2022 | 69 | Letter from the Teaneck Zoning Board of Adjustment regarding discovery re 68 Letter. (KAFAFIAN, MARTIN) (Entered: 02/14/2022) | |||
| 02/14/2022 | Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 2/14/2022. (sms) (Entered: 02/14/2022) | ||||
| 02/14/2022 | 71 | ORDER: A telephone status conference is scheduled for 6/2/2022 at 11:00 a.m. The period for fact discovery is extended through 6/30/2022. Those defendants who have not filed a responsive pleading are granted leave to do so by 3/11/2022 etc. Signed by Magistrate Judge Edward S. Kiel on 2/14/2022. (bt) (Entered: 02/15/2022) | |||
| 02/15/2022 | 70 | NOTICE of Appearance by ARTHUR MARK NEISS on behalf of TEANECK ZONING BOARD OF ADJUSTMENT (NEISS, ARTHUR) (Entered: 02/15/2022) | |||
| 02/25/2022 | 72 | NOTICE of Appearance by ERIC DESMOND LEE on behalf of JERRY L BARTA, JAMES BROWN, ZEV GREEN, MONICA HONIS, MARK MERMELSTEIN, EDWARD MULLIGAN, JENNIFER PRINCE, HARVEY ROSEN, DANIEL WETRIN (LEE, ERIC) (Entered: 02/25/2022) | |||
| 03/11/2022 | 73 | MOTION to Dismiss for Lack of Jurisdiction by TEANECK ZONING BOARD OF ADJUSTMENT. Responses due by 4/4/2022 (Attachments: # 1 Text of Proposed Order, # 2 Brief, # 3 Declaration Delcaration of Daniel L. Steinhagen, # 4 Exhibit A – Complaint, # 5 Exhibit B – Application, # 6 Exhibit C – August 1, 2019 Hearing Transcript, # 7 Exhibit D – December 5, 2019 Hearing Transcript, # 8 Exhibit E – January 9, 2020 Hearing Transcript, # 9 Exhibit F – February 6, 2020 Hearing Transcript, # 10 Exhibit G – February 20, 2021 Hearing Transcript, # 11 Exhibit H – March 5, 2020 Hearing Transript, # 12 Exhibit I – October 1, 2020 Hearing Transcript, # 13 Exhibit J – AUCC Site Plan, # 14 Exhibit K – AUCC Architectural Plans, # 15 Exhibit L – AUCC Appeal, # 16 Exhibit M – Residents’ Appeal 1, # 17 Exhibit N – Residents’ Appeal 2, # 18 Exhibit O – May 9, 2019 Zoning Permit, # 19 Exhibit P – Temporary Certificate of Occupancy, # 20 Exhibit Q – Teaneck Development Regulations, # 21 Exhibit R – Email Exchange, # 22 Exhibit S – Email Exchange, # 23 Exhibit T – Letter Brief of AUCC)(KAFAFIAN, MARTIN) (Entered: 03/11/2022) | |||
| 03/11/2022 | Set Deadlines as to 73 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 4/4/2022 before Judge Kevin McNulty. 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: 03/11/2022) | ||||
| 03/11/2022 | 74 | Third MOTION to Dismiss by DAN MELFI, TEANECK. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service, # 3 Certification, # 4 Brief)(HANRAHAN, THOMAS) (Entered: 03/11/2022) | |||
| 03/11/2022 | 75 | MOTION to Dismiss by JERRY L BARTA, JAMES BROWN, ZEV GREEN, MONICA HONIS, MARK MERMELSTEIN, EDWARD MULLIGAN, JENNIFER PRINCE, HARVEY ROSEN, DANIEL WETRIN. Responses due by 4/1/2022 (Attachments: # 1 Brief, # 2 Certification of Mark R. Peck, Esq., # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Text of Proposed Order)(PECK, MARK) (Entered: 03/11/2022) | |||
| 03/11/2022 | 76 | MOTION to Dismiss Plaintiffs’ Complaint Under Fed.R.Civ.P. 12(B)(1) and 12(B)(6) by ATIF REHMAN. (Attachments: # 1 Brief, # 2 Declaration Of Maryam M. Meseha, Esq., # 3 Exhibit A to Declaration of Maryam M. Meseha, Esq., # 4 Exhibit B to Declaration of Maryam M. Meseha, Esq., # 5 Exhibit C to Declaration of Maryam M. Meseha, Esq., # 6 Exhibit D to Declaration of Maryam M. Meseha, Esq., # 7 Exhibit E to Declaration of Maryam M. Meseha, Esq., # 8 Exhibit F to Declaration of Maryam M. Meseha, Esq., # 9 Exhibit G to Declaration of Maryam M. Meseha, Esq., # 10 Exhibit H to Declaration of Maryam M. Meseha, Esq., # 11 Exhibit I to Declaration of Maryam M. Meseha, Esq., # 12 Exhibit J to Declaration of Maryam M. Meseha, Esq., # 13 Exhibit K to Declaration of Maryam M. Meseha, Esq., # 14 Exhibit L to Declaration of Maryam M. Meseha, Esq., # 15 Exhibit M to Declaration of Maryam M. Meseha, Esq., # 16 Exhibit N to Declaration of Maryam M. Meseha, Esq., # 17 Exhibit O to Declaration of Maryam M. Meseha, Esq., # 18 Exhibit P to Declaration of Maryam M. Meseha, Esq., # 19 Exhibit Q to Declaration of Maryam M. Meseha, Esq., # 20 Exhibit R to Declaration of Maryam M. Meseha, Esq., # 21 Exhibit S to Declaration of Maryam M. Meseha, Esq., # 22 Exhibit T to Declaration of Maryam M. Meseha, Esq., # 23 Exhibit U to Declaration of Maryam M. Meseha, Esq., # 24 Text of Proposed Order, # 25 Certificate of Service)(MESEHA, MARYAM) (Entered: 03/11/2022) | |||
| 03/14/2022 | Set Deadlines as to 76 MOTION to Dismiss Plaintiffs’ Complaint Under Fed.R.Civ.P. 12(B)(1) and 12(B)(6), 74 Third MOTION to Dismiss , 75 MOTION to Dismiss . Motion set for 4/4/2022 before Judge Kevin McNulty. 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: 03/14/2022) | ||||
| 03/14/2022 | 77 | Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by All Plaintiffs re 75 MOTION to Dismiss , 74 Third MOTION to Dismiss , 73 MOTION to Dismiss for Lack of Jurisdiction , 76 MOTION to Dismiss Plaintiffs’ Complaint Under Fed.R.Civ.P. 12(B)(1) and 12(B)(6) (SILBERMAN, JOEL) (Entered: 03/14/2022) | |||
| 03/15/2022 | Resetting Deadlines as to 76 MOTION to Dismiss Plaintiffs’ Complaint Under Fed.R.Civ.P. 12(B)(1) and 12(B)(6), 74 Third MOTION to Dismiss , 75 MOTION to Dismiss , 73 MOTION to Dismiss for Lack of Jurisdiction . Responses due by 4/4/2022 Replies due by 4/11/2022. Motion set for 4/18/2022 before Judge Kevin McNulty. 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. (nic, ) (Entered: 03/15/2022) | ||||
| 03/17/2022 | 78 | Letter from Plaintiffs requesting a conference to address Defendants failure to respond to discovery. (ABOUSHI, AYMEN) (Entered: 03/17/2022) | |||
| 03/20/2022 | 79 | TEXT ORDER: All defendants are ordered to contact plaintiffs’ counsel by Wednesday, March 23, 2022 and to confer in good faith concerning the issues raised in plaintiffs’ letter of March 17, 2022 (ECF No. 78 ). Thereafter, defendants shall file a joint letter in consultation with plaintiffs by Friday, March 25, 2022 advising the Court of any remaining discovery disputes between the parties. So Ordered by Magistrate Judge Edward S. Kiel on 3/20/2022. (sms) (Entered: 03/20/2022) | |||
| 03/25/2022 | 80 | Letter from ALL DEFENDANTS re 78 Letter, 79 Order,. (HANRAHAN, THOMAS) (Entered: 03/25/2022) | |||
| 03/25/2022 | 81 | Letter from Plaintiffs regarding outstanding discovery and requesting judicial intervention re 80 Letter, 79 Order,. (ABOUSHI, AYMEN) (Entered: 03/25/2022) | |||
| 03/26/2022 | 82 | TEXT ORDER: The “Individual Board of Adjustment” defendants (BoA Defendants) are ordered to fully respond to plaintiffs’ discovery requests by April 15, 2022. (See ECF No. 81 .) Plaintiffs are granted leave to move for appropriate sanctions after April 15, 2022 if the BoA Defendants fail to comply with this order. So Ordered by Magistrate Judge Edward S. Kiel on 3/26/2022. (sms) (Entered: 03/27/2022) | |||
| 03/29/2022 | 83 | AMENDED COMPLAINT against All Defendants All Defendants., filed by RAY OF SUNSHINE FOUNDATION INC., AL UMMAH COMMUNITY CENTER.(ABOUSHI, AYMEN) (Entered: 03/29/2022) | |||
| 03/29/2022 | 84 | Letter from Plaintiffs to Judge Kiel regarding the filing of the Amended Complaint that moots out the pending motions and requesting that the Court terminate same. (ABOUSHI, AYMEN) (Entered: 03/29/2022) | |||
| 03/30/2022 | 85 | Letter from Martin R. Kafafian regarding Plaintiffs’ proposed First Amended Complaint re 84 Letter, 83 Amended Complaint. (KAFAFIAN, MARTIN) (Entered: 03/30/2022) | |||
| 03/30/2022 | 86 | Letter from THOMAS B. HANRAHAN re 84 Letter, 83 Amended Complaint. (HANRAHAN, THOMAS) (Entered: 03/30/2022) | |||
| 03/30/2022 | 87 | TEXT ORDER: The Court has reviewed the parties’ correspondence filed on March 29, 2022 and March 30, 2022, respectively (ECF Nos. 84 , 85 , 86 ). Nonetheless, defendants’ separate motions to dismiss (ECF Nos. 73, 74, 75, 76) are administratively terminated without prejudice in light of the amended complaint filed on March 29, 2022 (ECF No. 83 ). Plaintiffs are directed pursuant to Local Rule 15.1 to file a form of the amended complaint that indicates in what respects it differs from the original complaint that it purports to amend by April 5, 2022. Defendants are thereafter directed to answer, move, or otherwise reply to the amended complaint by April 19, 2022. The Clerk of the Court is directed to terminate ECF Nos. 73, 74, 75, and 76. So Ordered by Magistrate Judge Edward S. Kiel on 3/30/2022. (sms) (Entered: 03/30/2022) | |||
| 04/03/2022 | 88 | Request for Summons to be Issued by RAY OF SUNSHINE FOUNDATION INC., AL UMMAH COMMUNITY CENTER as to Adam Myszka. (ABOUSHI, AYMEN) (Entered: 04/03/2022) | |||
| 04/05/2022 | 89 | SUMMONS ISSUED as to Adam Myszka. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (sm) (Entered: 04/05/2022) | |||
| 04/05/2022 | 90 | Letter from Plaintiff attaching a form of the amended complaint that indicates in what respects it differs from the original complaint. (Attachments: # 1 Am Compl redline)(ABOUSHI, AYMEN) (Entered: 04/05/2022) | |||
| 04/18/2022 | 91 | Letter from Martin R. Kafafian re 87 Order,,,. (KAFAFIAN, MARTIN) (Entered: 04/18/2022) | |||
| 04/19/2022 | 92 | ORDER that the deadline for defendants to answer, move, or otherwise reply to the First Amended Complaint has been extended to May 13, 2022.. Signed by Magistrate Judge Edward S. Kiel on 4/19/2022. (ld, ) (Entered: 04/19/2022) | |||
| 05/09/2022 | 93 | SUMMONS Returned Executed by RAY OF SUNSHINE FOUNDATION INC., AL UMMAH COMMUNITY CENTER. Adam Myszka served on 4/26/2022, answer due 5/17/2022. (ABOUSHI, AYMEN) (Entered: 05/09/2022) | |||
| 05/13/2022 | 94 | MOTION to Dismiss AMENDED COMPLAINT by DAN MELFI, Adam Myszka, TEANECK. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order, # 3 Certification, # 4 Exhibit, # 5 Brief)(HANRAHAN, THOMAS) (Entered: 05/13/2022) | |||
| 05/13/2022 | 95 | MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 6/6/2022) by TEANECK ZONING BOARD OF ADJUSTMENT. (Attachments: # 1 Brief, # 2 Declaration Declaration of Daniel L. Steinhagen in support of Defendants’ Motion to Dismiss, # 3 Exhibit A – First Amended Complaint, # 4 Exhibit B – AUCC Zoning Application, # 5 Exhibit C – August 1, 2019 Hearing Transcript, # 6 Exhibit D – December 5, 2019 Hearing Transcript, # 7 Exhibit E – January 9, 2020 Hearing Transcript, # 8 Exhibit F – February 6, 2020 Hearing Transcript, # 9 Exhibit G – February 20, 2020 Hearing Transcript, # 10 Exhibit H – March 5, 2020 Hearing Transript, # 11 Exhibit I – October 1, 2020 Hearing Transcript, # 12 Exhibit J – AUCC Site Plan, # 13 Exhibit K – AUCC Architectural Plans, # 14 Exhibit L – AUCC Appeal, # 15 Exhibit M – Residents’ Appeal 1, # 16 Exhibit N – Residents’ Appeal 2, # 17 Exhibit O – May 9, 2019 Zoning Permit, # 18 Exhibit P – Temporary Certificate of Occupancy, # 19 Exhibit Q – Teaneck Development Regulations, # 20 Exhibit R – Email Exchange, # 21 Exhibit S – Email Exchange, # 22 Exhibit T – Letter Brief of AUCC, # 23 Exhibit U – October 1, 2020 Resolution, # 24 Exhibit V – December 5, 2013 Resolution, # 25 Exhibit W – February 6, 2020 Resolution, # 26 Exhibit X – December 3, 2020 Resolution, # 27 Exhibit Y – April 24, 2019 Site Plan Draft)(KAFAFIAN, MARTIN) (Entered: 05/13/2022) | |||
| 05/13/2022 | 96 | MOTION to Dismiss Plaintiffs’ Amended Complaint by ATIF REHMAN. Responses due by 5/23/2022 (Attachments: # 1 Declaration Declaration of Ajoe P. Abraham, Esq., # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L, # 14 Exhibit Exhibit M 1, # 15 Exhibit Exhibit M 2, # 16 Exhibit Exhibit N, # 17 Exhibit Exhibit O, # 18 Exhibit Exhibit P, # 19 Exhibit Exhibit Q, # 20 Exhibit Exhibit R, # 21 Exhibit Exhibit S, # 22 Exhibit Exhibit T, # 23 Exhibit Exhibit U, # 24 Brief Brief, # 25 Brief Proposed Order, # 26 Certificate of Service Certificate of Service)(ABRAHAM, AJOE) (Entered: 05/13/2022) | |||
| 05/13/2022 | 97 | MOTION to Dismiss Plaintiff’s Amended Complaint by JERRY L BARTA, JAMES BROWN, ZEV GREEN, MONICA HONIS, MARK MERMELSTEIN, EDWARD MULLIGAN, JENNIFER PRINCE, HARVEY ROSEN, DANIEL WETRIN. Responses due by 6/6/2022 (Attachments: # 1 Brief, # 2 Certification, # 3 Text of Proposed Order, # 4 Certificate of Service, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit)(PECK, MARK) (Entered: 05/13/2022) | |||
| 05/16/2022 | Set Deadlines as to 97 MOTION to Dismiss Plaintiff’s Amended Complaint, 94 MOTION to Dismiss AMENDED COMPLAINT, 95 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction , 96 MOTION to Dismiss Plaintiffs’ Amended Complaint. Motion set for 6/6/2022 before Judge Kevin McNulty. 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: 05/16/2022) | ||||
| 05/16/2022 | 98 | NOTICE of Appearance by ROBERT E. LEVY on behalf of ATIF REHMAN (LEVY, ROBERT) (Entered: 05/16/2022) | |||
| 05/16/2022 | 99 | Letter from Plaintiff requesting the Court So-Order a briefing schedule. (ABOUSHI, AYMEN) (Entered: 05/16/2022) | |||
| 05/17/2022 | 100 | ORDER granting plaintiff’s briefing schedule for the 4 pending motions to dismiss: opposition due on or before 7/5/2022; reply due 7/25/2022; return date 8/1/2022. Signed by Magistrate Judge Edward S. Kiel on 5/17/2022. (sm) (Entered: 05/17/2022) | |||
| 05/17/2022 | Reset Deadlines as to 97 MOTION to Dismiss Plaintiff’s Amended Complaint, 94 MOTION to Dismiss AMENDED COMPLAINT, 95 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction , 96 MOTION to Dismiss Plaintiffs’ Amended Complaint. Motion set for 8/1/2022 before Judge Kevin McNulty. 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: 05/17/2022) | ||||
| 05/27/2022 | 101 | STATUS REPORT -Joint by All Plaintiffs. (ABOUSHI, AYMEN) (Entered: 05/27/2022) | |||
| 06/02/2022 | Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Hearing on discovery dispute held on 6/2/2022. (sms) (Entered: 06/02/2022) | ||||
| 06/03/2022 | 102 | ORDER that a Telephone Status Conference is set for 7/8/2022 at 10:30 AM before Magistrate Judge Edward S. Kiel; the period for fact discovery is extended through 9/30/2022; etc. Signed by Magistrate Judge Edward S. Kiel on 6/3/2022. (sm) (Entered: 06/06/2022) | |||
| 07/05/2022 | 103 | BRIEF in Opposition filed by All Plaintiffs re 95 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Declaration, # 2 Exhibit A-Am Compl, # 3 Exhibit B-Tickets, # 4 Exhibit C-Tr)(ABOUSHI, AYMEN) (Entered: 07/05/2022) | |||
| 07/05/2022 | 104 | BRIEF in Opposition filed by All Plaintiffs re 94 MOTION to Dismiss AMENDED COMPLAINT (Attachments: # 1 Declaration, # 2 Exhibit A-Am Compl, # 3 Exhibit B-Tickets, # 4 Exhibit C-Tr)(ABOUSHI, AYMEN) (Entered: 07/05/2022) | |||
| 07/05/2022 | 105 | BRIEF in Opposition filed by All Plaintiffs re 97 MOTION to Dismiss Plaintiff’s Amended Complaint (Attachments: # 1 Declaration, # 2 Exhibit A-Am Compl, # 3 Exhibit B-Tickets, # 4 Exhibit C-Tr)(ABOUSHI, AYMEN) (Entered: 07/05/2022) | |||
| 07/05/2022 | 106 | BRIEF in Opposition filed by All Plaintiffs re 96 MOTION to Dismiss Plaintiffs’ Amended Complaint (Attachments: # 1 Declaration, # 2 Exhibit A-Am Compl, # 3 Exhibit B-Tickets, # 4 Exhibit C-Tr)(ABOUSHI, AYMEN) (Entered: 07/05/2022) | |||
| 07/05/2022 | 107 | Letter from Plaintiff-Joint Status letter. (ABOUSHI, AYMEN) (Entered: 07/05/2022) | |||
| 07/08/2022 | Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 7/8/2022. (sms) (Entered: 07/10/2022) | ||||
| 07/08/2022 | 108 | TEXT ORDER: A telephone status conference is scheduled for September 21, 2022 at noon before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. Please mark your calendars accordingly. The parties shall file a joint letter, at least three days before the conference, advising of the status of discovery and any other issues to be addressed. So Ordered by Magistrate Judge Edward S. Kiel on 7/8/2022. (sms) (Entered: 07/10/2022) | |||
| 07/22/2022 | 109 | MOTION to Withdraw as Attorney by TEANECK ZONING BOARD OF ADJUSTMENT. (Attachments: # 1 Declaration of Daniel Lee Steinhagen)(KAFAFIAN, MARTIN) (Entered: 07/22/2022) | |||
| 07/25/2022 | 110 | Letter from Martin R. Kafafian re 109 MOTION to Withdraw as Attorney , 95 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction , 100 Order. (KAFAFIAN, MARTIN) (Entered: 07/25/2022) | |||
| 07/25/2022 | 111 | REPLY BRIEF to Opposition to Motion filed by ATIF REHMAN re 96 MOTION to Dismiss Plaintiffs’ Amended Complaint (ABRAHAM, AJOE) (Entered: 07/25/2022) | |||
| 07/25/2022 | 112 | REPLY BRIEF to Opposition to Motion filed by DAN MELFI, Adam Myszka, TEANECK re 94 MOTION to Dismiss AMENDED COMPLAINT (HANRAHAN, THOMAS) (Entered: 07/25/2022) | |||
| 07/25/2022 | 113 | REPLY BRIEF to Opposition to Motion filed by JERRY L BARTA, JAMES BROWN, ZEV GREEN, MONICA HONIS, MARK MERMELSTEIN, EDWARD MULLIGAN, JENNIFER PRINCE, HARVEY ROSEN, DANIEL WETRIN re 97 MOTION to Dismiss Plaintiff’s Amended Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(PECK, MARK) (Entered: 07/25/2022) | |||
| 07/25/2022 | 114 | Letter from Plaintiffs in response to Defendant BOA’s request for a stay. (ABOUSHI, AYMEN) (Entered: 07/25/2022) | |||
| 07/26/2022 | 115 | LETTER ORDER that the Zoning Board’s deadline to file its reply brief with respect to the pending Motion to Dismiss is held in abeyance pending the outcome of the Motion to Withdraw. Signed by Magistrate Judge Edward S. Kiel on 7/26/2022. (sm) (Entered: 07/26/2022) | |||
| 07/26/2022 | Set Deadlines as to 109 MOTION to Withdraw as Attorney . Motion set for 8/15/2022 before Judge Kevin McNulty. 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: 07/26/2022) | ||||
| 07/28/2022 | 116 | Letter from Plaintiff requesting that the Court stay the pending motions to dismiss until such time that all motions are fully submitted. (ABOUSHI, AYMEN) (Entered: 07/28/2022) | |||
| 07/29/2022 | 117 | Exhibit to 113 Reply Brief to Opposition to Motion,, by JERRY L BARTA, JAMES BROWN, ZEV GREEN, MONICA HONIS, MARK MERMELSTEIN, EDWARD MULLIGAN, JENNIFER PRINCE, HARVEY ROSEN, DANIEL WETRIN. (PECK, MARK) (Entered: 07/29/2022) | |||
| 08/01/2022 | 118 | TEXT ORDER: Plaintiffs’ request dated July 28, 2022 (ECF No. 116 ) to stay the pending motions to dismiss filed at ECF Nos. 94, 95, 96, and 97 is DENIED. The motions to dismiss have been fully briefed, except for the filing of a reply brief by defendant Teaneck Zoning Board of Adjustment (BoA) for its motion to dismiss (ECF No. 95). The Court will address an extension for the filing of BoA’s reply brief after resolution of the pending motion to withdraw as counsel (ECF No. 109), which shall be addressed by the Court at the telephone status conference scheduled for September 21, 2022 (ECF No. 108) if substitute counsel does not enter an appearance by that date. If substitute counsel appears before the telephone status conference, plaintiffs’ counsel is directed to confer with BoA’s substitute counsel concerning the deadline for filing BoA’s reply brief and to file a joint letter with BoA’s counsel advising the Court of same. So Ordered by Magistrate Judge Edward S. Kiel on 8/1/2022. (sms) (Entered: 08/01/2022) | |||
| 08/05/2022 | 119 | Letter from Plaintiff objecting to the Individual Defendants’ Reply and asking the Court to Strike Same and Deny their Motion re 113 Reply Brief to Opposition to Motion,, 117 Exhibit (to Document). (ABOUSHI, AYMEN) (Entered: 08/05/2022) | |||
| 08/08/2022 | 120 | LETTER ORDER – The court will consider this motion to strike in the context of the motion to dismiss.. Signed by Judge Kevin McNulty on 8/8/2022. (ld, ) (Entered: 08/08/2022) | |||
| 08/09/2022 | 121 | Letter from Martin R. Kafafian re 109 MOTION to Withdraw as Attorney . (KAFAFIAN, MARTIN) (Entered: 08/09/2022) | |||
| 09/20/2022 | 122 | Letter from Thomas B. Hanrahan – Joint Status Letter re 118 Order,,,,. (HANRAHAN, THOMAS) (Entered: 09/20/2022) | |||
| 09/20/2022 | 123 | Substitution of Attorney – Attorney MARTIN RICHARD KAFAFIAN and ARTHUR MARK NEISS terminated. Attorney DENIS FRANCIS DRISCOLL for TEANECK ZONING BOARD OF ADJUSTMENT added.. (STATON, GRAHAM) (Entered: 09/20/2022) | |||
| 09/21/2022 | Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 9/21/2022. (sms) (Entered: 09/21/2022) | ||||
| 09/22/2022 | 124 | ORDER that a Telephone Status Conference is scheduled for 12/21/2022 at 10:00 AM before Magistrate Judge Edward S. Kiel; the Clerk is directed to administratively terminate the motion 109 as moot; the parties are directed to confer and file a joint proposed scheduling order by 10/7/2022. Signed by Magistrate Judge Edward S. Kiel on 9/22/2022. (sm) (Entered: 09/22/2022) | |||
| 10/07/2022 | 125 | Proposed Order -Proposed Scheduling Order on Consent by All Plaintiffs. (ABOUSHI, AYMEN) (Entered: 10/07/2022) | |||
| 10/12/2022 | 126 | SCHEDULING ORDER that all fact discovery shall be completed by 1/31/2023; the Court will discuss an expert discovery schedule at the next status conference scheduled for 12/21/2022 at 10:00 AM. Signed by Magistrate Judge Edward S. Kiel on 10/12/2022. (sm) (Entered: 10/13/2022) | |||
| 11/15/2022 | 127 | OPINION. Signed by Judge Kevin McNulty on 11/15/2022. (sm) (Entered: 11/15/2022) | |||
| 11/15/2022 | 128 | ORDER that the motions to dismiss 94 , 95 , 96 and 97 are granted. ***CIVIL CASE TERMINATED. Signed by Judge Kevin McNulty on 11/15/2022. (sm) (Entered: 11/15/2022) | |||
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