HUD-L-003062-19 08/06/2019 12:18:40 PM Pg 1 of 43 Trans …...HUD-L-003062-19 08/06/2019 12:18:40 PM...

HUD-L-003062-19 08/06/2019 12:18:40 PM Pg 1 of 43 Trans ID: LCV20191380136

BENDIT WEINSTOCK

A PROFESSIONAL CORPORATION

COUNSELLORS AT LAW80 MAIN STREET, SUITE 260WEST ORANGE, N.J. 07052(973) 736-9800JOSEPH H. TRINGALI (NJ Bar ID: 017432007)

Attorneys for PlaintiffsOur File No. 44935-JHT

ANTHONY SHARPERSON and DAVID CZEHUT,

Plaintiffs,

OFFICE OF THE HUDSON COUNTY CLERK,

Defendant.

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SUPERIOR COURT OF NEW JERSEYLAW DIVISION: HUDSON COUNTYDOCKET NO. HUD-L-

Civil Action

ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINTS

THIS MATTER having been opened to the Court by Bendit Weinstock,

attorneys for plaintiffs, Anthony Sharperson and David Czehut, and

the Court having read and considered the Verified Complaint in Lieu

of Prerogative Writs, and good cause having been shown,

IT IS on this _______ day of ______________, 2019,

ORDERED that defendant show cause before this Court at the

William Brennan Courthouse, Jersey City, New Jersey, before the

Honorable ______________, on the _______ day of ________, 2019 at

__:__ o'clock in the fore/afternoon, or as soon thereafter as counsel

may be heard, why an Order should not be entered:

1. Restraining the County Clerk from printing or otherwise

publishing the ballots for the November 5, 2019 Jersey City Board

of Education ("JCBOE") election (the "election") without first

placing Schapiro's unexpired term thereon;

publishing the ballots for the November 5, 2019 JCBOE election without

first placing Sharperson and Czehut on the ballot for the board member

positions for the unexpired terms of Amy DeGise and Matthew Schapiro;

3. Restraining the Clerk from printing or otherwise publishing

the ballots for the November 5, 2019 JCBOE election without first

placing Sharperson and Czehut together on the ballot for the board

member positions for the unexpired terms under the slogan "Change

for Children;@

4. Granting such other and further relief as the Court may

deem just, equitable and proper or for the protection of plaintiffs.

IT IS FURTHER ORDERED that any person in interest who intends

to appear in this matter must file an answer, brief, or answering

affidavit with the Court and serve copies upon plaintiffs' counsel,

Bendit Weinstock, 80 Main Street, Suite 260, West Orange, New Jersey

07052, at least ____ days prior to the return date set herein;

IT IS FURTHER ORDERED that defendant Office of the Hudson County

Clerk shall be served with a copy of this Order to Show Cause, the

Verified Complaint in Lieu of Prerogative Writs, and copies of all

supporting papers by personal service and by mailing the papers by

regular mail and by certified mail, return receipt requested, within

____ days of the date of receipt of this Order by plaintiffs' counsel;

IT IS FURTHER ORDERED that if defendant does not file and serve

upon counsel for plaintiffs an answer to the Verified Complaint in

Lieu of Prerogative Writs within ____ days, judgment may be entered

against the non-answering defendant for the relief demanded by

plaintiffs in the Verified Complaint in Lieu of Prerogative Writs,

plus interest and costs of suit.

__________________________________ PETER F. BARISO, JR., A.J.S.C.