TOMS RIVER: Federal Judge Recommends Up to $600,000 in Sanctions in Shul Zoning Lawsuits

A federal magistrate judge has recommended sanctions of $20,000 a day for up to 30 days against Toms River over continuing failures to complete court-ordered discovery in two shul zoning lawsuits.

The recommendation, issued October 30 by U.S. Magistrate Judge Justin T. Quinn, concerns lawsuits brought by Bais Brucha and Khal Anshei Tallymawr. It could reach $600,000 if adopted and allowed to run for the full 30 days. The daily fine has been recommended, not finally imposed in this decision.

Quinn certified facts to the district court and ordered Toms River to appear before U.S. District Judge Zahid N. Quraishi, on a date to be set, to show cause why it should not face civil contempt and the proposed sanctions.

The decision describes missing, wiped, inaccessible and unsearched township-issued devices. Quinn said the remaining problems were not solely technical and that some forensic work had not proceeded because the township had declined to authorize the work or expense.

The proposed sanctions are intended to compel compliance with discovery orders. They do not decide the underlying zoning claims. The recommendation would stop earlier if the township fully complies or the district court orders otherwise.

Quinn also denied, without prejudice, the township lawyers' renewed request to withdraw. Objections to the certification and recommendation were due within 14 days of service of the decision.