WARREN et al v. FISHER et al

Filing 99

ORDER granting w/out prejudice 85 Motion for Judgment on the Pleadings as to Count I & IV in favor of the moving defts; Pltfs have 30 days to file a motion for leave to amend complaint. The motion for judgment on the pleadings as to Counts II, III & IV is GRANTED w/ prejudice in favor of the moving defts. The motion for SJ on Counts V & Vii is GRANTED as to moving defts. Signed by Chief Judge Jerome B. Simandle on 3/19/2013. (drw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

THREASTON WARREN, JR., et al.,
Plaintiffs,

Civil Action
No. 10-5343 (JBS/KMW)

v.
ALBERT FISHER, III, et al.,

ORDER

Defendants.

This matter having come before the Court on the motion for
judgment on the pleadings and a motion for partial summary
judgment [Docket Item 85] brought by Defendants Albert W. Fisher
III, Joseph J. Hannagan, Jr., and Robert Howell; for the reasons
stated in the Opinion of today’s date; and for good cause shown;
IT IS this

19th

day of

March

, 2013 hereby

ORDERED that the motion for judgment on the pleadings as to
Count I (Equal Protection) and Count IV (civil Conspiracy) is
GRANTED WITHOUT PREJUDICE in favor of the moving defendants;
Plaintiffs will have thirty (30) days from the date of entry of
this Order to file a motion to seek leave to file an amended
complaint curing the pleading deficiencies noted in the Opinion
of today’s date; and it is further
ORDERED that the motion for judgment on the pleadings as to
Counts II, III & IV is GRANTED with prejudice in favor of the
moving defendants; and it is further
ORDERED that the motion for summary judgment on Counts V &
VII is GRANTED as to the moving defendants.

s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge