3:20-cv-08298-BRM-TJB NATIONAL ASSOCIATION OF THEATRE OWNERS et al v. PHILIP D. MURPHY, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF NEW JERSEY et al

Brian R. Martinotti, presiding
Tonianne J. Bongiovanni, referral
Date filed: 07/06/2020
Date terminated: 09/17/2020
Date of last filing: 09/22/2020

NOTE: The table below was hand edited and likely has errors. Please send an email with any errors to harold@hallikainen.org

Doc.
No.
Dates Description
1 Filed & Entered: 07/06/2020 Complaint
Docket Text: COMPLAINT against JUDITH PERSICHILLI, IN HER OFFICIAL CAPACITY AS ACTING COMMISSIONER OF HEALTH OF NEW JERSEY, PHILIP D. MURPHY, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF NEW JERSEY ( Filing and Admin fee $ 400 receipt number ANJDC-11035524), filed by BJK ENTERTAINMENT INC., AMERICAN MULTI-CINEMA, INC., BOW TIE CINEMAS, LLC, NATIONAL ASSOCIATION OF THEATRE OWNERS OF NEW JERSEY, COMMUNITY THEATERS LLC, CINEMARK USA, INC., NATIONAL ASSOCIATION OF THEATRE OWNERS, REGAL CINEMAS, INC.. (Attachments: # (1) Civil Cover Sheet)(BROUNELL, GEOFFREY)
2 Filed & Entered: 07/06/2020 Corporate Disclosure Statement (aty)
Docket Text: Corporate Disclosure Statement by AMERICAN MULTI-CINEMA, INC., BJK ENTERTAINMENT INC., BOW TIE CINEMAS, LLC, CINEMARK USA, INC., COMMUNITY THEATERS LLC, NATIONAL ASSOCIATION OF THEATRE OWNERS, NATIONAL ASSOCIATION OF THEATRE OWNERS OF NEW JERSEY, REGAL CINEMAS, INC.. (BROUNELL, GEOFFREY)

Filed & Entered: 07/07/2020
Add and Terminate Judges
Docket Text: Judge Brian R. Martinotti and Magistrate Judge Tonianne J. Bongiovanni added. (mg)

Filed & Entered: 07/07/2020
Set/Reset Motion and R&R Deadlines/Hearings
Docket Text: Set Deadlines as to [4] MOTION for Leave to Appear Pro Hac Vice Martin L. Fineman. Motion set for 8/3/2020 before Magistrate Judge Tonianne J. Bongiovanni. 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. (jem)

Filed & Entered: 07/07/2020
Set/Reset Motion and R&R Deadlines/Hearings
Docket Text: Set Deadlines as to [7] MOTION for Leave to Appear Pro Hac Vice Janet Grumer, [5] MOTION for Leave to Appear Pro Hac Vice Robert Corn-Revere, [6] MOTION for Leave to Appear Pro Hac Vice John D. Freed. Motion set for 8/3/2020 before Magistrate Judge Tonianne J. Bongiovanni. 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. (jem)
3 Filed & Entered: 07/07/2020 Summons Issued
Docket Text: SUMMONS ISSUED as to PHILIP D. MURPHY, JUDITH PERSICHILLI. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mg)
4 Filed & Entered: 07/07/2020
Terminated: 07/09/2020
Motion for Leave to Appear Pro Hac Vice
Docket Text: MOTION for Leave to Appear Pro Hac Vice Martin L. Fineman by AMERICAN MULTI-CINEMA, INC., BJK ENTERTAINMENT INC., BOW TIE CINEMAS, LLC, CINEMARK USA, INC., COMMUNITY THEATERS LLC, NATIONAL ASSOCIATION OF THEATRE OWNERS, NATIONAL ASSOCIATION OF THEATRE OWNERS OF NEW JERSEY, REGAL CINEMAS, INC.. (Attachments: # (1) Declaration, # (2) Declaration, # (3) (Proposed) Order)(BROUNELL, GEOFFREY)
5 Filed & Entered: 07/07/2020
Terminated: 07/09/2020
Motion for Leave to Appear Pro Hac Vice
Docket Text: MOTION for Leave to Appear Pro Hac Vice Robert Corn-Revere by AMERICAN MULTI-CINEMA, INC., BJK ENTERTAINMENT INC., BOW TIE CINEMAS, LLC, CINEMARK USA, INC., COMMUNITY THEATERS LLC, NATIONAL ASSOCIATION OF THEATRE OWNERS, NATIONAL ASSOCIATION OF THEATRE OWNERS OF NEW JERSEY, REGAL CINEMAS, INC.. (Attachments: # (1) Declaration, # (2) Declaration, # (3) (Proposed) Order)(BROUNELL, GEOFFREY)
6 Filed & Entered: 07/07/2020
Terminated: 07/09/2020
Motion for Leave to Appear Pro Hac Vice
Docket Text: MOTION for Leave to Appear Pro Hac Vice John D. Freed by AMERICAN MULTI-CINEMA, INC., BJK ENTERTAINMENT INC., BOW TIE CINEMAS, LLC, CINEMARK USA, INC., COMMUNITY THEATERS LLC, NATIONAL ASSOCIATION OF THEATRE OWNERS, NATIONAL ASSOCIATION OF THEATRE OWNERS OF NEW JERSEY, REGAL CINEMAS, INC.. (Attachments: # (1) Declaration, # (2) Declaration, # (3) (Proposed) Order)(BROUNELL, GEOFFREY)
7 Filed & Entered: 07/07/2020
Terminated: 07/09/2020
Motion for Leave to Appear Pro Hac Vice
Docket Text: MOTION for Leave to Appear Pro Hac Vice Janet Grumer by AMERICAN MULTI-CINEMA, INC., BJK ENTERTAINMENT INC., BOW TIE CINEMAS, LLC, CINEMARK USA, INC., COMMUNITY THEATERS LLC, NATIONAL ASSOCIATION OF THEATRE OWNERS, NATIONAL ASSOCIATION OF THEATRE OWNERS OF NEW JERSEY, REGAL CINEMAS, INC.. (Attachments: # (1) Declaration, # (2) Declaration, # (3) (Proposed) Order)(BROUNELL, GEOFFREY)
8 Filed & Entered: 07/07/2020 Notice of Appearance
Docket Text: NOTICE of Appearance by DANIEL MICHAEL VANNELLA on behalf of PHILIP D. MURPHY, JUDITH PERSICHILLI (VANNELLA, DANIEL)
9 Filed & Entered: 07/09/2020 Order on Motion for Leave to Appear
Docket Text: ORDER on Consent granting [6] Motion for Leave to Appear Pro Hac Vice as to John D. Freed, Esq. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/09/2020. (jem)
10 Filed & Entered: 07/09/2020 Order on Motion for Leave to Appear
Docket Text: ORDER on Consent granting [5] Motion for Leave to Appear Pro Hac Vice as to Robert Corn-Revere, Esq. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/09/2020. (jem)
11 Filed & Entered: 07/09/2020 Order on Motion for Leave to Appear
Docket Text: ORDER on Consent granting [7] Motion for Leave to Appear Pro Hac Vice as to Janet Grumer, Esq. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/09/2020. (jem)
12 Filed & Entered: 07/09/2020 Order on Motion for Leave to Appear
Docket Text: ORDER on Consent granting [4] Motion for Leave to Appear Pro Hac Vice as to Martin L. Fineman, Esq. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/09/2020. (jem)
13 Filed & Entered: 07/09/2020 Waiver of Service Executed
Docket Text: WAIVER OF SERVICE Returned Executed by PHILIP D. MURPHY. PHILIP D. MURPHY waiver sent on 7/6/2020, answer due 9/4/2020. (VANNELLA, DANIEL)
14 Filed & Entered: 07/09/2020 Waiver of Service Executed
Docket Text: WAIVER OF SERVICE Returned Executed by JUDITH PERSICHILLI. JUDITH PERSICHILLI waiver sent on 7/6/2020, answer due 9/4/2020. (VANNELLA, DANIEL)
Filed & Entered: 07/10/2020 Notice of Pro Hac Vice counsel added
Docket Text: Pro Hac Vice counsel, MARTIN L. FINEMAN, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jem)
Filed & Entered: 07/10/2020 Notice of Pro Hac Vice counsel added
Docket Text: Pro Hac Vice counsel, ROBERT CORN-REVERE, JANET L. GRUMER and JOHN D. FREED, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jem)
15 Filed & Entered: 07/10/2020 Notice of Pro Hac Vice to Receive NEF
Docket Text: Notice of Request by Pro Hac Vice Martin Fineman to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-11057365.) (BROUNELL, GEOFFREY)
16 Filed & Entered: 07/10/2020 Notice of Pro Hac Vice to Receive NEF
Docket Text: Notice of Request by Pro Hac Vice Robert Corn-Revere to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-11057729.) (BROUNELL, GEOFFREY)
17 Filed & Entered: 07/10/2020 Notice of Pro Hac Vice to Receive NEF
Docket Text: Notice of Request by Pro Hac Vice Janet L. Grumer to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-11057877.) (BROUNELL, GEOFFREY)
18 Filed & Entered: 07/10/2020 Notice of Pro Hac Vice to Receive NEF
Docket Text: Notice of Request by Pro Hac Vice John D. Freed to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-11057934.) (BROUNELL, GEOFFREY)
19 Filed & Entered: 07/13/2020 Proposed Pretrial Order
Docket Text: Proposed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by AMERICAN MULTI-CINEMA, INC., BJK ENTERTAINMENT INC., BOW TIE CINEMAS, LLC, CINEMARK USA, INC., COMMUNITY THEATERS LLC, NATIONAL ASSOCIATION OF THEATRE OWNERS, NATIONAL ASSOCIATION OF THEATRE OWNERS OF NEW JERSEY, REGAL CINEMAS, INC.. (Attachments: # (1) (Proposed) Order, # (2) Memorandum of Law in Support, # (3) Declaration, # (4) Declaration, # (5) Declaration, # (6) Declaration, # (7) Declaration, # (8) Declaration)(BROUNELL, GEOFFREY)
20 Filed & Entered: 07/13/2020 Declaration
Docket Text: DECLARATION in Further Support of Docket 19 by AMERICAN MULTI-CINEMA, INC., BJK ENTERTAINMENT INC., BOW TIE CINEMAS, LLC, CINEMARK USA, INC., COMMUNITY THEATERS LLC, NATIONAL ASSOCIATION OF THEATRE OWNERS, NATIONAL ASSOCIATION OF THEATRE OWNERS OF NEW JERSEY, REGAL CINEMAS, INC.. (BROUNELL, GEOFFREY)
Filed & Entered: 07/14/2020 QC - Incorrect Event Selected
Docket Text: CLERK'S QUALITY CONTROL MESSAGE - The [19] and [20] Documents to Show Cause for a Temporary Restraining Order and Preliminary Injunction filed by Geoffrey Brounell, Esq. on 7/13/2020 were submitted incorrectly as a Proposed Pretrial Order. PLEASE RESUBMIT THE supporting documents as attachments with a Notice of Motion USING Civil Events - Motions and Related Filings - Motions - Preliminary Injunction. This submission will remain on the docket unless otherwise ordered by the court. (jem)
21 Filed & Entered: 07/14/2020
Terminated: 08/18/2020
Motion for Preliminary Injunction
Docket Text: MOTION for Preliminary Injunction by AMERICAN MULTI-CINEMA, INC., BJK ENTERTAINMENT INC., BOW TIE CINEMAS, LLC, CINEMARK USA, INC., COMMUNITY THEATERS LLC, NATIONAL ASSOCIATION OF THEATRE OWNERS, NATIONAL ASSOCIATION OF THEATRE OWNERS OF NEW JERSEY, REGAL CINEMAS, INC.. (Attachments: # (1) (Proposed) Order, # (2) Brief, # (3) Declaration, # (4) Declaration, # (5) Declaration, # (6) Declaration, # (7) Declaration, # (8) Declaration, # (9) Declaration)(BROUNELL, GEOFFREY)
22 Filed & Entered: 07/14/2020 Order
Docket Text: ORDER denying Motion for Temporary Restraining Order; that the [21] Motion for Preliminary Injunction will be heard as set forth within; that Philip D. Murphy and Judith Persichilli, appear personally or through counsel by 8/4/2020 and show why an Order should not be entered. Signed by Judge Brian R. Martinotti on 7/14/2020. (jjc, )
23 Filed & Entered: 07/15/2020 Certificate of Service
Docket Text: CERTIFICATE OF SERVICE by AMERICAN MULTI-CINEMA, INC., BJK ENTERTAINMENT INC., BOW TIE CINEMAS, LLC, CINEMARK USA, INC., COMMUNITY THEATERS LLC, NATIONAL ASSOCIATION OF THEATRE OWNERS, NATIONAL ASSOCIATION OF THEATRE OWNERS OF NEW JERSEY, REGAL CINEMAS, INC. re [22] Order, (BROUNELL, GEOFFREY)
Filed: 07/21/2020
Entered: 07/23/2020
Settlement Conference
Docket Text: Text Minute Entry for proceedings held before Magistrate Judge Tonianne J. Bongiovanni: Settlement Conference held on 7/21/2020. (mm)
24 Filed & Entered: 07/22/2020 Letter
Docket Text: Letter from Defendants requesting permission (with consent of plaintiffs) to file opposition brief not exceeding 45 pages re [21] MOTION for Preliminary Injunction . (VANNELLA, DANIEL)
25 Filed & Entered: 07/23/2020 Order
Docket Text: LETTER ORDER granting the Defendant's request to file an opposition brief not to exceed 45 pages in response to Plaintiffs' [21] Motion for Preliminary Injunction Relief. Signed by Judge Brian R. Martinotti on 07/23/2020. (jdb) Modified on 9/23/2020 (eaj, ).
26 Filed & Entered: 07/24/2020 Brief in Opposition to Motion
Docket Text: BRIEF in Opposition filed by PHILIP D. MURPHY, JUDITH PERSICHILLI re [21] MOTION for Preliminary Injunction (Attachments: # (1) Declaration of Counsel, # (2) Exhibit A-L, # (3) Exhibit M-R, # (4) Exhibit S-CC, # (5) Exhibit DD-JJ, # (6) Exhibit KK-VV, # (7) Certificate of Service)(VANNELLA, DANIEL)
27 Filed & Entered: 07/28/2020 Letter
Docket Text: Letter from plaintiffs requesting permission (with consent of defendants) to file reply brief not exceeding 20 pages re [21] MOTION for Preliminary Injunction . (BROUNELL, GEOFFREY)
28 Filed & Entered: 07/29/2020 Order
Docket Text: LETTER ORDER granting the request [27] that the Court permit the filing of a reply brief that shall not exceed 20 pages utilizing 12-point Times New Roman font. Signed by Judge Brian R. Martinotti on 7/29/2020. (jem)
29 Filed & Entered: 07/31/2020 Reply Brief to Opposition to Motion
Docket Text: REPLY BRIEF to Opposition to Motion filed by AMERICAN MULTI-CINEMA, INC., BJK ENTERTAINMENT INC., BOW TIE CINEMAS, LLC, CINEMARK USA, INC., COMMUNITY THEATERS LLC, NATIONAL ASSOCIATION OF THEATRE OWNERS, NATIONAL ASSOCIATION OF THEATRE OWNERS OF NEW JERSEY, REGAL CINEMAS, INC. re [21] MOTION for Preliminary Injunction (Attachments: # (1) Declaration of David F. Goldsmith, # (2) Exhibit A, # (3) Exhibit B, # (4) Supplemental Declaration of Robert Piechota, # (5) Declaration of Geoffrey S. Brounell, # (6) Exhibit A, # (7) Exhibit B, # (8) Exhibit C, # (9) Exhibit D, # (10) Exhibit E, # (11) Exhibit F, # (12) Exhibit G, # (13) Exhibit H, # (14) Exhibit I, # (15) Exhibit J, # (16) Exhibit K, # (17) Exhibit L, # (18) Exhibit M, # (19) Exhibit N, # (20) Exhibit O, # (21) Exhibit P, # (22) Exhibit Q, # (23) Exhibit R, # (24) Exhibit S, # (25) Exhibit T, # (26) Exhibit U, # (27) Exhibit V, # (28) Exhibit W, # (29) Exhibit X, # (30) Exhibit Y, # (31) Exhibit Z, # (32) Exhibit AA, # (33) Exhibit BB, # (34) Exhibit CC, # (35) Certificate of Service)(BROUNELL, GEOFFREY)
Filed & Entered: 08/03/2020 Set/Reset Motion and R&R Deadlines/Hearings
Docket Text: Notice of Hearing: Zoom Oral Argument re [21] MOTION for Preliminary Injunction set for 8/5/2020 @1:00 PM before Judge Brian R. Martinotti. The Plaintiff will have 20 minutes to argue, Defendant will have 20 minutes to respond and Plaintiff will have 10 minutes to reply. Please confirm receipt of court notice by emailing, Dana_Sledge-Courtney@njd.uscourts.gov not later than 8/4/2020 by 12pm. (DS)
30 Filed & Entered: 08/04/2020 Letter
Docket Text: Letter from Defendants re: new Executive Order concerning indoor gatherings. (Attachments: # (1) Exhibit Executive Order 173)(VANNELLA, DANIEL)
31 Filed & Entered: 08/04/2020 Order
Docket Text: TEXT ORDER: Plaintiffs' response, if any, to Defendants' [30] Letter shall be filed by 9:00 p.m. EDT and may not exceed two (2) pages. So Ordered by Judge Brian R. Martinotti on 8/4/20. (Fiore, J)
32 Filed & Entered: 08/04/2020 Notice (Other)
Docket Text: NOTICE by PHILIP D. MURPHY, JUDITH PERSICHILLI re [26] Brief in Opposition to Motion, [29] Reply Brief to Opposition to Motion,,,, of Supplemental Authorities (Attachments: # (1) Exhibit A (Real Alternatives, Inc. v. Sec'y of HHS, 867 F.3d 338 (3d Cir. 2017)), # (2) Exhibit B (Ill. Republican Party v. Pritzker, No. 20-2175 (7th Cir. July 3, 2020)))(VANNELLA, DANIEL)
33 Filed & Entered: 08/04/2020 Letter
Docket Text: Letter from Geoffrey S. Brounell in Response re [30] Letter. (BROUNELL, GEOFFREY)
34 Filed & Entered: 08/05/2020 Letter
Docket Text: Letter re [32] Notice (Other),. (BROUNELL, GEOFFREY)
35 Filed & Entered: 08/05/2020 Motion Hearing
Docket Text: Minute Entry for proceedings held before Judge Brian R. Martinotti: Motion Hearing held on 8/5/2020 re [21] MOTION for Preliminary Injunction filed by AMERICAN MULTI-CINEMA, INC., NATIONAL ASSOCIATION OF THEATRE OWNERS, NATIONAL ASSOCIATION OF THEATRE OWNERS OF NEW JERSEY, BOW TIE CINEMAS, LLC, BJK ENTERTAINMENT INC., CINEMARK USA, INC., REGAL CINEMAS, INC., COMMUNITY THEATERS LLC - Ordered decision reserved. Further directed parties to contact the magistrate judge's chambers to assist with settlement discussions. (Court Reporter: Megan McKay-Soule.) (DS)
36 Filed & Entered: 08/18/2020 Opinion
Docket Text: OPINION filed. Signed by Judge Brian R. Martinotti on 8/18/2020. (jem)
37 Filed & Entered: 08/18/2020 Order on Motion for Preliminary Injunction
Docket Text: ORDER denying Plaintiffs' [21] Motion for Preliminary Injunction. Signed by Judge Brian R. Martinotti on 8/18/2020. (jem)
Filed & Entered: 09/04/2020 Update Answer Due Deadline
Docket Text: Clerk`s Text Order - The document [38] Application for Clerk's Order to Ext Answer/Proposed Order submitted by PHILIP D. MURPHY, JUDITH PERSICHILLI has been GRANTED. The answer due date has been set for 09/18/2020. (jdb)
38 Filed & Entered: 09/04/2020 Application for Clerk's Order to Ext Answer/Proposed Order
Docket Text: Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants Murphy and Persichilli. Attorney DANIEL MICHAEL VANNELLA for PHILIP D. MURPHY,DANIEL MICHAEL VANNELLA for JUDITH PERSICHILLI added. (VANNELLA, DANIEL)
39 Filed & Entered: 09/16/2020 Letter
Docket Text: Letter from parties jointly requesting administrative termination of case. (Attachments: # (1) Exhibit (Exec. Order 183), # (2) Text of Proposed Order (consent order administratively terminating action))(VANNELLA, DANIEL)
40 Filed & Entered: 09/17/2020 Stipulation of Dismissal (aty)
Docket Text: STIPULATION of Dismissal by AMERICAN MULTI-CINEMA, INC., BJK ENTERTAINMENT INC., BOW TIE CINEMAS, LLC, CINEMARK USA, INC., COMMUNITY THEATERS LLC, NATIONAL ASSOCIATION OF THEATRE OWNERS, NATIONAL ASSOCIATION OF THEATRE OWNERS OF NEW JERSEY, REGAL CINEMAS, INC.. (BROUNELL, GEOFFREY)
41 Filed & Entered: 09/17/2020 Order of Dismissal
Docket Text: CONSENT ORDER administratively terminating this action without prejudice. Signed by Judge Brian R. Martinotti on 9/17/2020. (jem)
42 Filed & Entered: 09/22/2020 Transcript
Docket Text: Transcript of PRELIMINARY INJUNCTION HEARING held on 8/5/2020, before Judge Brian R. Martinotti. Court Reporter Megan McKay-Soule (215-779-6437). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 10/13/2020. Redacted Transcript Deadline set for 10/23/2020. Release of Transcript Restriction set for 12/21/2020. (km)