Magistrate urges $20,000-a-day penalty on Toms River over unproduced phone and laptop records
The recommended fine, which could reach $600,000, stems from two lawsuits by Orthodox Jewish congregations whose North Dover shul plans were rejected. A district judge has the final say.
TOMS RIVER — A federal magistrate judge has recommended fining Toms River Township $20,000 a day, for as many as 30 days, because it still has not handed over electronic records from township phones and laptops in two zoning lawsuits brought by Orthodox Jewish congregations, according to Toms River Patch and The Lakewood Scoop.
The total could hit $600,000. U.S. Magistrate Judge Justin T. Quinn made the recommendation in a 14-page decision dated Oct. 30, both outlets reported. The Lakewood Scoop reported that no penalty has been imposed yet: U.S. District Judge Zahid N. Quraishi will decide whether to add civil contempt sanctions, and the daily fine would end early if the township fully complies or the District Court rules otherwise. Toms River Patch reported the township had 14 days after receiving the decision to object.
The congregations, Bais Brucha and Khal Anshei Tallymawr, sued in 2021 after the township zoning board turned down their plans for two shuls in North Dover. The court ordered the township on May 20, 2024, to gather and produce electronic records, The Lakewood Scoop reported. Both outlets said Quinn found an earlier fee sanction had not forced compliance and that much of the evidence is still missing more than two years later.
"Numerous Township-issued devices cannot be located, and in many instances the Township maintained no records concerning when those devices were issued, returned, or their present location," Quinn wrote, as quoted by Toms River Patch. "Most troubling, several devices remain unsearched because the Township has simply refused to authorize the forensic work and associated expense necessary to access them," he added.
The Lakewood Scoop reported that devices tied to seven people still pose access problems, and that the decision cites a July 1 order requiring Mayor Daniel Rodrick to surrender his township-issued devices within two weeks. The ruling does not accuse Rodrick of deleting or destroying records himself, that outlet reported.
The plaintiffs had sought $25,000 a day, possibly rising to $100,000, while the township offered $1,000, The Lakewood Scoop reported. Quinn acknowledged the public would ultimately bear any fine but cited the township's "habitual and flagrant disregard of this Court’s decisions."
Quinn also refused a second bid by the township's lawyers, the Edison firm Methfessel & Werbel, to leave the cases. The firm said the township had fired it about four months earlier and it had no assurance of payment, both outlets reported. The judge said withdrawal would cause more delay and noted no replacement lawyers had been named.
Neither outlet reported comment from the township, the mayor, the firm or the plaintiffs' lawyers.