Hover v. Laurino

Full title: AUDRA HOVER, as Administrator ad Prosequendum for the Estate of EDWARD…

Court: United States District Court, D. New Jersey

Date published: Mar 4, 2009

Civil Case No. 08-4944 (FSH) (D.N.J. Mar. 4, 2009)

Opinion

Civil Case No. 08-4944 (FSH).

March 4, 2009

OPINION ORDER

FAITH HOCHBERG, District Judge

This matter comes before the Court upon a Motion to Dismiss filed by Defendant Morris County Sheriff's Department and Defendant Morris County Correctional Facility (the "Morris County Defendants") pursuant to Fed.R.Civ.P. 12(b)(6) (Docket # 9); and

it appearing that Defendants purport to establish that Plaintiff has no cause of action against these Defendants and that all claims against the Morris County Defendants should be dismissed; and

it appearing that Defendants have failed to present arguments addressing the claims Plaintiff has asserted under the New Jersey State Constitution; and

it appearing that Plaintiff has failed to respond to Defendants' motion in any manner,

IT IS on this 4^th day of March, 2009,

ORDERED that the Motion to Dismiss filed by the Morris County Defendants is hereby TERMINATED; and it is further

ORDERED that Defendants may re-file a Motion to Dismiss, fully addressing all claims for which they seek dismissal, on or before March 13, 2009; and it is further

ORDERED that Plaintiffs may file either opposition papers or a statement that Defendants' motion shall be considered without opposition on or before March 23, 2009; and it is further

ORDERED that Defendants may file reply papers on or before March 30, 2009; and it is further

ORDERED that the re-filed Motion to Dismiss will now be returnable on April 6, 2009.