Page 1 of 10 U.S. District Court District of New Jersey [LIVE] (Camden) CIVIL DOCKET FOR CASE #: 1:00-cv-02106-JAP 12BJ, CLOSED, RULE16 HAWKER, et al v. CONSOVOY, et al Assigned to: Judge Joel A. Pisano Demand: $0 Cause: 42:1983 Prisoner Civil Rights RICHARD SMITH WENDELL TOLBERT RASHID JIHAD MARVIN KELLY Plaintiff IAN HAWKER Date Filed: 05/02/2000 Date Terminated: 01/23/2001 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question represented by RICHARD SMITH #314344 NORTHERN STATE PRISON 168 FRONTAGE ROAD NEWARK, NJ 07114 represented by WENDELL TOLBERT #290010 NOTHERN STATE PRISON 168 FRONTAGE ROAD NEWARK, NJ 07114 represented by RASHID JIHAD #279462 TALBOT HALL 100-140 LINCOLN HIGHWAY KEARNY, NJ 07032 represented by MARVIN KELLY NORTHERN STATE PRISON #301137, SBI #822473A P.O. BOX 2300 NEWARK, NJ 07114 represented by JOSEPH A. OSEFCHEN THE LAW FIRM OF PHILIP STEPHEN FUOCO
Page 2 of 10 24 WILKINS PLACE HADDONFIELD, NJ 08033 (856) 354-1100 Email: josefchen@msn.com Plaintiff NELSON MILES Plaintiff JERMAINE LAWRENCE on behalf of themselves and all others similarly situated represented by JOSEPH A. OSEFCHEN represented by JOSEPH A. OSEFCHEN V. ANDREW CONSOVOY WILLIAM T. MCCARGO LORAINE KULICK PETER W. LOOS OFFICE OF NJ ATTORNEY GENERAL RICHARD J. HUGHES JUSTICE COMPLEX CN 112 TRENTON, NJ 08625 (609) 633-3895 Email: dianne.moratti@dol.lps.state.nj.us
Page 3 of 10 DOMINIC PORROVECCHIO ROLANDO GOMEZ RIVERA RACHEL TORRES-CHOWANIEC RUBY J. WASHINGTON ARTHUR WAKEFIELD, JR. DEVIN NEWBY TROY LAWSON represented by DEVIN NEWBY #269934 NORTHERN STATE PRISON 168 FRONTAGE ROAD NEWARK, NJ 07114 represented by TROY LAWSON #233605 NORTHERN STATE PRISON 168 FRONTAGE ROAD NEWARK, NJ 07114 TMAIN WILLIAMS
Page 4 of 10 Date Filed # Docket Text 05/02/2000 1 COMPLAINT filed FILING FEE $ 150.00 RECEIPT # 248905 (js) (Entered: 05/03/2000) 05/03/2000 SUMMONS(ES) issued for ANDREW CONSOVOY, WILLIAM T. MCCARGO, LORAINE KULICK, PETER W. LOOS, DOMINIC PORROVECCHIO, ROLANDO GOMEZ RIVERA, RACHEL TORRES- CHOWANIEC, RUBY J. WASHINGTON ( 20 Days) (Mailed to Counsel) (js) (Entered: 05/03/2000) 05/03/2000 2 NOTICE of Allocation and Assignment filed. Magistrate Judge ROBERT B. KUGLER (js) (Entered: 05/03/2000) 06/28/2000 3 ORDER, extending time to answer, reset answer due for 8/2/00 for RUBY J. WASHINGTON, for RACHEL TORRES-CHOWANIEC, for ROLANDO GOMEZ RIVERA, for DOMINIC PORROVECCHIO, for PETER W. LOOS, for LORAINE KULICK, for WILLIAM T. MCCARGO, for ANDREW CONSOVOY ( signed by Mag. Judge Robert B. Kugler ) nm (femp) (Entered: 07/05/2000) 07/05/2000 4 ORDER, set scheduling conference for 10:00 8/8/00 ( signed by Mag. Judge Robert B. Kugler ) nm (femp) (Entered: 07/05/2000) 07/20/2000 5 Minute entry: Proceedings recorded by Ct-Reporter: Carl Nami; Minutes of: 7/20/00; The following actions were taken - Status conference held. By Judge Joel A. Pisano (femp) (Entered: 07/24/2000) 07/27/2000 6 ORDER extending time to answer to 9/5/00 ( signed by Judge Joel A. Pisano ) nm (femp) (Entered: 07/27/2000) 08/30/2000 7 Minute entry: Proceedings recorded by Ct-Reporter: Carl Nami; Minutes of: 8/30/00; The following actions were taken - Status Conference held on the record. By Judge Joel A. Pisano (femp) (Entered: 08/30/2000) 09/13/2000 8 Minute entry: Proceedings recorded by Ct-Reporter: Carl Nami; Minutes of: 9/13/00; The following actions were taken - Status Conference held on the record. By Judge Joel A. Pisano (femp) (Entered: 09/13/2000) 09/14/2000 9 ORDER that the Clerk of U.S. District Court shall maintain a document depository, etc. ( signed by Judge Joel A. Pisano ) nm (femp) (Entered: 09/14/2000) 09/14/2000 10 SEALED DOCUMENT (femp) (Entered: 09/14/2000) 09/18/2000 11 Notice of MOTION to certify class action by IAN HAWKER, NELSON MILES, JERMAINE LAWRENCE, Motion set for 10/20/00 on [11-1] motion. (Brief/PO Subm) ORAL ARGUMENT (femp) (Entered: 09/19/2000) 10/16/2000 12 Notice of MOTION to Amend Named Similarly Situated Class Members by RICHARD SMITH, Motion set for 11/17/00 on [12-1] motion. (femp) (Entered: 10/18/2000) 10/16/2000 13 AFFIDAVIT of Richard Smith on Re: [12-1] motion to Amend Named Similarly Situated Class Members (femp) (Entered: 10/18/2000)
Page 5 of 10 10/16/2000 14 Notice of MOTION to Amend Named Similarly Situated Class Members by WENDELL TOLBERT, Motion set for 11/17/00 on [14-1] motion. (femp) (Entered: 10/18/2000) 10/16/2000 15 AFFIDAVIT of Wendell Tolbert on Re: [14-1] motion to Amend Named Similarly Situated Class Members (femp) (Entered: 10/18/2000) 10/26/2000 16 Notice of MOTION to intervene as party plaintiff by ARTHUR WAKEFIELD JR. [16-1] motion referred to Mag. Judge Robert B. Kugler, Motion set for 12/1/00 on [16-1] motion. (femp) (Entered: 10/30/2000) 10/30/2000 17 Notice of MOTION to intervene by DEVIN NEWBY [17-1] motion referred to Mag. Judge Robert B. Kugler, Motion set for 12/1/00 on [17-1] motion. (femp) Modified on 10/30/2000 (Entered: 10/30/2000) 10/30/2000 18 AFFIDAVIT of Devin Newby on Re: [17-1] motion to intervene (femp) Modified on 10/30/2000 (Entered: 10/30/2000) 10/30/2000 19 Notice of MOTION for preliminary injunction by IAN HAWKER, NELSON MILES, JERMAINE LAWRENCE, Motion set for 12/1/00 on [19-1] motion. (ORAL ARGUMENT) (femp) (Entered: 10/31/2000) 10/30/2000 20 AFFIDAVIT of Joseph A. Osefchen on Re: [19-1] motion for preliminary injunction (femp) (Entered: 10/31/2000) 10/30/2000 21 AFFIDAVIT of Nelson Miles on Re: [19-1] motion for preliminary injunction (femp) (Entered: 10/31/2000) 11/03/2000 22 Notice of MOTION to intervene by TROY LAWSON [22-1] motion referred to Mag. Judge Robert B. Kugler, Motion set for 12/1/00 on [22-1] motion. (femp) (Entered: 11/03/2000) 11/03/2000 23 AFFIDAVIT of Troy Lawson on Re: [22-1] motion to intervene (femp) (Entered: 11/03/2000) 11/08/2000 24 Notice of CROSS MOTION for summary judgment by ANDREW CONSOVOY, WILLIAM T. MCCARGO, LORAINE KULICK, PETER W. LOOS, DOMINIC PORROVECCHIO, ROLANDO GOMEZ RIVERA, RACHEL TORRES-CHOWANIEC, RUBY J. WASHINGTON, Motion set for 12/1/00 on [24-1] motion. (PO Subm) (femp) Modified on 11/09/2000 (Entered: 11/09/2000) 11/08/2000 25 AFFIDAVIT of Kenneth Connolly on Re: [24-1] cross motion for summary judgment (femp) (Entered: 11/09/2000) 11/08/2000 26 Notice of MOTION for leave to file over-length brief by ANDREW CONSOVOY, WILLIAM T. MCCARGO, LORAINE KULICK, PETER W. LOOS, DOMINIC PORROVECCHIO, ROLANDO GOMEZ RIVERA, RACHEL TORRES-CHOWANIEC, RUBY J. WASHINGTON, Motion set for 12/1/00 on [26-1] motion. (PO Subm) (femp) (Entered: 11/09/2000) 11/08/2000 27 AFFIDAVIT of Diane Moratti on Re: [26-1] motion for leave to file over-length brief (femp) (Entered: 11/09/2000) 11/08/2000 28 Statement That No Brief is Necessary (femp) (Entered: 11/09/2000)
Page 6 of 10 11/09/2000 29 Notice of MOTION to amend named similarly situated class members [29-1] motion referred to Mag. Judge Robert B. Kugler, Motion set for 12/15/00 on [29-1] motion. (femp) (Entered: 11/13/2000) 11/09/2000 30 AFFIDAVIT of Rashid Jihad on Re: [29-1] motion to amend named similarly situated class members (femp) (Entered: 11/13/2000) 11/09/2000 31 Minute entry: Proceedings recorded by Ct-Reporter: Lisa Marcus; Minutes of: 11/9/00; The following actions were taken - Status Conference held on the record. By Mag. Judge Joel B. Rosen (femp) (Entered: 11/13/2000) 11/13/2000 32 ORDER grants preliminary apporval of the proposed Class Settlement Agreement and setting a hearing date for fnal apporval on JANUARY 16, 2001. n.m. ( signed by Judge Joel A. Pisano ) (mgr) (Entered: 11/15/2000) 11/14/2000 33 ORDER grantng Class Certification and appointng Philip Fuoco as attorney for class. n.m. ( signed by Judge Joel A. Pisano ) (mgr) (Entered: 11/15/2000) 11/14/2000 34 ORDER approving "NOTICE of PROPOSED CLASS SETTLEMENT" and approving method of publication, etc. n.m. ( signed by Judge Joel A. Pisano ) (mgr) (Entered: 11/15/2000) 11/15/2000 35 Notice of MOTION for leave to amend named similary situated class members by MARVIN KELLY, [35-1] motion referred to Mag. Judge Robert B. Kugler, Motion set for 12/15/00 on [35-1] motion. (ar1) (Entered: 11/16/2000) 11/15/2000 36 AFFIDAVIT of MARVIN KELLY; Re: [35-1] motion for leave to amend named similary situated class members. (ar1) (Entered: 11/16/2000) 11/16/2000 37 ORDER dismissing [26-1] motion for leave to file over-length brief dismissing [24-1] motion for summary judgment dismissing [14-1] motion to Amend Named Similarly Situated Class Members dismissing [12-1] motion to Amend Named Similarly Situated Class Members ( signed by Judge Joel A. Pisano ) nm (femp) (Entered: 11/16/2000) 11/17/2000 38 Notice of MOTION opposing defendants' motion opposing plaintiff's motion to be amended as a named class member by TROY LAWSON [38-1] motion referred to Mag. Judge Robert B. Kugler, Motion set for 12/15/00 on [38-1] motion. (femp) (Entered: 11/20/2000) 11/20/2000 Deadline updated; terminating [19-1] motion for preliminary injunction terminating [19-2] hearing Motion set for 12/1/00 on [19-1] motion terminating [11-1] motion to certify class action terminating [11-2] hearing Motion set for 10/20/00 on [11-1] motion (femp) (Entered: 11/20/2000) 11/21/2000 39 LETTER by defendants opposing Mr. Jihad's motion to "amend named similarly situated class members" (femp) (Entered: 11/21/2000) 11/27/2000 40 Notice of MOTION to intervene by ARTHUR WAKEFIELD JR. [40-1] motion referred to Mag. Judge Robert B. Kugler, Motion set for 1/5/01 on [40-1] motion. (femp) (Entered: 11/28/2000) 11/28/2000 41 CERTIFICATION of Arthur Wakefield Re: [40-1] motion to intervene (femp) (Entered: 11/28/2000)
Page 7 of 10 12/07/2000 42 Notice of MOTION to be excluded from fraudulent contract, etc. by ARTHUR WAKEFIELD JR., Motion set for 1/5/01 on [42-1] motion. (femp) (Entered: 12/08/2000) 12/11/2000 43 Notice of MOTION to intervene by TMAIN WILLIAMS [43-1] motion referred to Mag. Judge Robert B. Kugler, Motion set for 1/5/01 on [43-1] motion. (femp) (Entered: 12/11/2000) 12/11/2000 44 AFFIDAVIT of Tmain Williams on Re: [43-1] motion to intervene by TMAIN WILLIAMS (femp) (Entered: 12/11/2000) 12/11/2000 45 CERTIFICATE OF SERVICE of letter by Raymond Dozier to Philip Fuoco, Esq. dated 12/8/00 (femp) (Entered: 12/11/2000) 12/11/2000 46 Objections to Fraudulent proposed Alleged Settlement Agreement by plaintiff Arthur Wakefield (femp) Modified on 12/12/2000 (Entered: 12/12/2000) 12/13/2000 46 LETTER By named plaintiffs IAN HAWKER, NELSON MILES, and JERMAINE LAWRENCE re: objection to proposed settlement, etc. (mgr) (Entered: 01/23/2001) 12/18/2000 47 Minute entry: Minutes of: 12/18/00; The following actions were taken, mooting [35-1] motion for leave to amend named similary situated class members By Mag. Judge Robert B. Kugler (femp) (Entered: 12/20/2000) 12/18/2000 48 Minute entry: Minutes of: 12/18/00; The following actions were taken, mooting [16-1] motion to intervene as party plaintiff by ARTHUR WAKEFIELD JR. By Mag. Judge Robert B. Kugler (femp) (Entered: 12/20/2000) 12/18/2000 49 Minute entry: Minutes of: 12/18/00; The following actions were taken, mooting [22-1] motion to intervene by TROY LAWSON By Mag. Judge Robert B. Kugler (femp) (Entered: 12/20/2000) 12/18/2000 50 Minute entry: Minutes of: 12/18/00; The following actions were taken, mooting [17-1] motion to intervene by DEVIN NEWBY By Mag. Judge Robert B. Kugler (femp) (Entered: 12/20/2000) 12/18/2000 51 ORDER mooting [43-1] motion to intervene by TMAIN WILLIAMS mooting [40-1] motion to intervene by ARTHUR WAKEFIELD JR. mooting [38-1] motion opposing defendants' motion opposing plaintiff's motion to be amended as a named class member mooting [35-1] motion for leave to amend named similary situated class members, mooting [29-1] motion to amend named similarly situated class members mooting [22-1] motion to intervene by TROY LAWSON, mooting [17-1] motion to intervene by DEVIN NEWBY, mooting [16-1] motion to intervene as party plaintiff by ARTHUR WAKEFIELD JR. ( signed by Mag. Judge Robert B. Kugler ) nm (femp) (Entered: 12/20/2000) 12/18/2000 52 Minute entry: Minutes of: 12/18/00; The following actions were taken, mooting [38-1] motion opposing defendants' motion opposing plaintiff's motion to be amended as a named class member By Mag. Judge Joel B. Rosen (femp) (Entered: 12/20/2000) 12/20/2000 Deadline updated; terminating [43-2] hearing Motion set for 1/5/01 on [43-1] motion terminating [40-2] hearing Motion set for 1/5/01 on [40-1] motion
Page 8 of 10 terminating [38-2] hearing Motion set for 12/15/00 on [38-1] motion terminating [35-2] hearing Motion set for 12/15/00 on [35-1] motion terminating [29-2] hearing Motion set for 12/15/00 on [29-1] motion terminating [22-2] hearing Motion set for 12/1/00 on [22-1] motion terminating [17-2] hearing Motion set for 12/1/00 on [17-1] motion terminating [16-2] hearing Motion set for 12/1/00 on [16-1] motion (femp) (Entered: 12/20/2000) 12/29/2000 53 NOTICE of APPEAL by ARTHUR WAKEFIELD JR. of Magistrate decision to District Court RE: [51-1] order Hearing on magistrate appeal set for 2/2/01 (femp) (Entered: 01/03/2001) 01/02/2001 54 Notice of MOTION "To convene (3) Judge court & disqualify inept attorney from impairing my constitutional rights, etc." by ARTHUR WAKEFIELD JR., Motion set for 2/2/01 on [54-1] motion. (femp) (Entered: 01/03/2001) 01/02/2001 55 Notice of MOTION for Writ of Mandamus by ARTHUR WAKEFIELD JR., Motion set for 2/2/01 on [55-1] motion. (femp) (Entered: 01/03/2001) 01/08/2001 56 ORDER AND WRIT OF HABEAS CORPUS as to Jamaine Lawrence ( signed by Judge Joel A. Pisano ) (femp) (Entered: 01/09/2001) 01/08/2001 57 ORDER AND WRIT OF HABEAS CORPUS as to Ian Hawker ( signed by Judge Joel A. Pisano ) (femp) (Entered: 01/09/2001) 01/08/2001 58 ORDER AND WRIT OF HABEAS CORPUS as to Nelson Miles ( signed by Judge Joel A. Pisano ) (femp) (Entered: 01/09/2001) 01/08/2001 WRITS of Habeas Corpus issued (femp) (Entered: 01/09/2001) 01/08/2001 59 Notice of MOTION for mandatory injunction and restraining order by ARTHUR WAKEFIELD JR., Motion set for 2/16/01 on [59-1] motion. (femp) (Entered: 01/10/2001) 01/10/2001 60 AFFIDAVIT of PHILIP STEPHEN FUOCO Re: Attorneys Fees and Costs (femp) (Entered: 01/10/2001) 01/10/2001 61 AFFIDAVIT of JOSEPH A. OSEFCHEN Re: Attorneys Fees and Costs (femp) (Entered: 01/10/2001) 01/10/2001 62 CERTIFICATION of AUTHENTICITY JOSEPH A. OSEFCHEN (femp) (Entered: 01/10/2001) 01/16/2001 63 Minute entry: Proceedings recorded by Ct-Reporter: Carl Nami, Jr.; Minutes of: 1/16/01; The following actions were taken, Fairness Hearing held. Ordered Class Certified. Hearing to approve settlement. Ordered settlement approved. Settlement to be entered. Hearing on application by plaintiff for attorneys fee and costs, Ordered application granted. Order to be entered. By Judge Joel A. Pisano (er) (Entered: 01/18/2001) 01/16/2001 73 Notice of MOTION in opposition and/or objection to proposed settlement, by class member Tony Barnes Motion set for 2/16/01 on [73-1] motion. (femp) (Entered: 01/24/2001) 01/16/2001 74 CERTIFICATION of Tony Barnes (femp) (Entered: 01/24/2001)
Page 9 of 10 01/18/2001 64 Exhibits (64 pgs) re: Settlement. (mgr) (Entered: 01/22/2001) 01/22/2001 65 OPINION ( signed by Judge Joel A. Pisano ) (mgr) (Entered: 01/23/2001) 01/22/2001 66 ORDER granting class certification and APPROVING Settlement Agreement. n.m. ( signed by Judge Joel A. Pisano ) (mgr) (Entered: 01/23/2001) 01/22/2001 67 ORDER granting attorneys' fees and costs. n.m. ( signed by Judge Joel A. Pisano ) (mgr) (Entered: 01/23/2001) 01/22/2001 68 SETTLEMENT AGREEMENT with Exhibit A, report date of Nov. 14, 2000, annexed. (mgr) (Entered: 01/23/2001) 01/22/2001 69 s' Appendix in support of the Settlement Agreement. (mgr) (Entered: 01/23/2001) 01/22/2001 70 AFFIDAVIT of Mario Paparozzi on Re: Settlement. (mgr) (Entered: 01/23/2001) 01/22/2001 71 AFFIDAVIT of Kenneth Connolly on Re: Settlement. (mgr) (Entered: 01/23/2001) 01/22/2001 72 Class Expert Report in support of proposed settlement. (mgr) (Entered: 01/23/2001) 01/23/2001 Case closed (mgr) (Entered: 01/23/2001) 01/26/2001 75 Certain submission by Arthur Wakefield, Jr. #57916. (mgr) (Entered: 02/06/2001) 01/29/2001 76 ORDER dismissing with prejudice [73-1] motion in opposition and/or objection to proposed settlement terminating [73-2] hearing Motion set for 2/16/01 on [73-1] motion ( signed by Judge Joel A. Pisano ) (er) Modified on 02/06/2001 (Entered: 02/01/2001) 01/29/2001 77 ORDER denying [59-1] motion for mandatory injunction and restraining order denying [55-1] motion for Writ of Mandamus denying [54-1] motion "To convene (3) Judge court & disqualify inept attorney from impairing my constitutional rights, etc." n.m. ( signed by Judge Joel A. Pisano ) (er) Modified on 02/06/2001 (Entered: 02/01/2001) 01/29/2001 Deadline updated; terminating [59-2] hearing Motion set for 2/16/01 on [59-1] motion terminating [55-2] hearing Motion set for 2/2/01 on [55-1] motion terminating [54-2] hearing Motion set for 2/2/01 on [54-1] motion (er) (Entered: 02/01/2001) 01/30/2001 78 APPLICATION by Wakefield re: to disqualify judge. (mgr) (Entered: 02/06/2001) 02/09/2001 79 Notice of MOTION for reconsideration of [77-1] order by movant ARTHUR WAKEFIELD JR., Motion set for 3/16/01 on [79-1] motion. (mgr) (Entered: 02/27/2001) 03/01/2001 80 ORDER denying [79-1] motion for reconsideration from [77-1] order; terminating [79-2] hearing Motion set for 3/16/01 on [79-1] motion ( signed by
Page 10 of 10 Judge Joel A. Pisano ) (mgr) (Entered: 03/01/2001) 03/19/2001 81 Notice of MOTION for reconsideration of [80-1] order denying motion for reconsideration by movant ARTHUR WAKEFIELD JR., Motion set for 4/20/01 on [81-1] motion. (ar1) (Entered: 03/19/2001) 03/19/2001 82 ORDER denying [81-1] motion for reconsideration of [80-1] order denying motion for reconsideration. n.m. ( signed by Judge Joel A. Pisano ) (ar1) (Entered: 03/19/2001) 03/19/2001 Deadline updated; terminating [81-2] hearing Motion set for 4/20/01 on [81-1] motion. (ar1) (Entered: 03/19/2001) 04/24/2001 83 Returned Order of 1/29/01 by the U.S. Postal Service Not at this address and no forwarding address. (er) (Entered: 04/24/2001) 04/24/2001 84 Returned Order of 1/29/01 by the U.S. Postal Service no longer at that address. (er) (Entered: 04/24/2001) 04/24/2001 85 Returned Order of 1/29/01 by U.S. Postal Service stating inactive or Out. (er) (Entered: 04/24/2001) PACER Service Center Transaction Receipt PACER Login: Description: Billable Pages: hs0328 Docket Report 19:01:44 Client ddalton Code: Search Criteria: 5 Cost: 0.40 1:00-cv-02106-JAP Start date: 1/1/1970 End date: