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Jones v. Ewing Township Board of Education

United States District Court, D. New Jersey
Feb 26, 2010
Civil Action No. 3:00-cv-3536 (FLW) (D.N.J. Feb. 26, 2010)

Opinion

Civil Action No. 3:00-cv-3536 (FLW).

February 26, 2010


ORDER


THIS MATTER having been opened to the Court by Defendants Ewing Township Board of Education, Warren D. Schuster and Timothy Wade, through counsel Erin F. Henderson, Esq., seeking dismissal of Plaintiff's First Amended complaint for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6); Plaintiff, through her counsel Patrick J. Whalen, Esq., having submitted opposition thereto; the Court having considered the moving, opposition, and reply papers filed by the parties; this matter being considered pursuant to Fed.R.Civ.P. 78; for the reasons stated in the Opinion filed on this date, and for good cause shown;

IT IS on this 26th day of February, 2010,

ORDERED that Defendants' motion to dismiss Counts I and III of Plaintiff's Second Amended Complaint is GRANTED in part and DENIED in part, and Plaintiff's claims under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq., against the individually named defendants are dismissed without prejudice subject to Plaintiff's right to replead; and it is further ORDERED that Defendants' motion to dismiss Count II of Plaintiff's Second Amended Complaint, i.e., the 42 U.S.C. § 1983 claim, is DENIED; and it is further

ORDERED that Plaintiffs shall have twenty days from the entry of this Opinion and Order to file a Third Amended Complaint that sets forth in separately delineated counts Plaintiff's causes of action and also pleads the individual liability of each defendant.


Summaries of

Jones v. Ewing Township Board of Education

United States District Court, D. New Jersey
Feb 26, 2010
Civil Action No. 3:00-cv-3536 (FLW) (D.N.J. Feb. 26, 2010)
Case details for

Jones v. Ewing Township Board of Education

Case Details

Full title:MARY JONES, Plaintiff, v. THE EWING TOWNSHIP BOARD OF EDUCATION, et al.…

Court:United States District Court, D. New Jersey

Date published: Feb 26, 2010

Citations

Civil Action No. 3:00-cv-3536 (FLW) (D.N.J. Feb. 26, 2010)