SPETH v. GOODE, et al

Filing 91

ORDER granting in part and denying in part Defts.' 82 Motion to Dismiss. Motion is GRANTED as to the 1983 claims accruing before 1/5/1993, which are DISMISSED; DENIED as to Pltf.'s claim re. refusal to train Counts II & III; remaining cla ims are deemed abandoned & are DISMISSED, etc. Discovery on remaining claims shall be concluded w/in 45 days; Dispositive motions due by 8/15/2010; Final Pretrial Conference set for 9/14/2010 at 10:00 AM; Jury Trial set for 10/18/2010 at 9:30 AM. Signed by Judge Jerome B. Simandle on 6/23/2010. (drw, )

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

CLAUS PETER SPETH, Plaintiff, v. ROBERT GOODE, GEETHA NATARAJAN, RICHARD T. CARLEY, MARSETTA LEE, JOHN/JANE DOE, AND ATTORNEY GENERAL OF THE STATE OF NEW JERSEY Defendants. HON. JEROME B. SIMANDLE Civil Action No. 95-0264 (JBS) ORDER

This matter having come before the Court upon on Defendants' motion to dismiss the case [Docket Item 82]; the Court having considered the submissions of the parties; for the reasons explained in the Opinion of today's date; and for good cause shown; IT IS this 23rd day of June, 2010 hereby

ORDERED that the stay with respect to Counts II and III is LIFTED; and it is further ORDERED that the motion to dismiss is GRANTED IN PART and DENIED IN PART. The motion is granted with respect to the § 1983 The

claims accruing before January 5, 1993, which are DISMISSED. motion is denied with respect to Plaintiff's claim regarding refusal to train in Counts II and III; and it is further ORDERED that any other remaining claims which have been stayed, and for which Plaintiff has shown no basis for lifting

the stay, are deemed abandoned and are DISMISSED; and it is further ORDERED that: 1. All discovery on the remaining claims of failure to

offer training in Counts II and III shall be concluded within 45 days. 2. Dispositive motions shall be filed no later than August

15, 2010, or shall be deemed waived. 3. The Final Pretrial Conference will be convened before

the undersigned on September 14, 2010 at 10 a.m., unless timely dispositive motions are pending. 4. a.m. The jury trial will commence on October 18, 2010 at 9:30

s/ Jerome B. Simandle JEROME B. SIMANDLE United States District Judge

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