BETHEA et al v. ROIZMAN et al

Filing 173

ORDER granting 99 Motion to Dismiss; granting 100 Motion to Dismiss; granting 101 Motion to Dismiss; granting 102 Motion to Dismiss; dismissing 123 Motion for Summary Judgment; granting 150 Motion to Dismiss; granting 151 Motion to Dismiss. All remaining claims against DCA, DCA Defts Richman, Grifa, Bass-Levin, McCormick, Esochanghi, the NJHMFA, the CRA, CRA Deft Olivette Simpson, the Deft United States Department of Housing and Urban Development and Deft Thumar are DISMISSED W/ PREJUDICE. Remaining Defts shall file opposition to the 166 Cross Motion for Summary Judgment w/in 20 days. Signed by Chief Judge Jerome B. Simandle on 6/27/2012. (drw)

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

CAROLYN BETHEA, et al.,
Plaintiffs,

HON. JEROME B. SIMANDLE
Civil No. 11-254 (JBS/JS)

v.
ORDER
ISRAEL ROIZMAN, et al.,
Defendants.

This matter having come before the Court upon the motion to
dismiss by Defendants Daniel Esochanghi, Annetta McCormick,
Charles A. Richman, and the State of New Jersey Department of
Community Affairs Division ("DCA Defendants") [Docket Item 99];
the motion to dismiss by the United States Department of Housing
and Urban Development and the United States of America ("Federal
Defendants") [Docket Item 100]; the motion to dismiss by the
State of New Jersey Housing and Mortgage Finance Agency
("NJHMFA") [Docket Item 101]; the motion to dismiss by the City
of Camden Redevelopment Agency and Olivette Simpson ("CRA
Defendants") [Docket Item 102]; the motion to dismiss by Lori
Grifa and Susan Bass Levin, as they are sued in their individual
and official capacity as former DCA Commissioners

[Docket Item

150]; and the motion to dismiss by Defendant Susan Bass Levin in
her individual capacity as President and CEO of the Cooper

Foundation [Docket Item 151]; 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

27th

day of June, 2012 hereby

ORDERED the DCA Defendants' motion to dismiss [Docket Item
99] is GRANTED; and it is
ORDERED the Federal Defendants' motion to dismiss [Docket
Item 100] is GRANTED; and it is
ORDERED the NJHMFA's motion to dismiss is GRANTED [Docket
Item 101]; and it is
ORDERED the CRA Defendants' motion to dismiss is GRANTED
[Docket Item 102]; and it is
ORDERED that Defendants Lori Grifa and Susan Bass-Levin's
motion to dismiss [Docket Item 150] is GRANTED; and it is
ORDERED that Defendant Susan Bass-Levin's motion to dismiss
all claims against her in her individual capacity as CEO of the
Cooper Foundation [Docket Item 151] is GRANTED; and it
ORDERED that the Plaintiffs will be granted leave to file a
motion to amend their complaint for the singular purpose of
bringing a Section 1983 claim against Defendants McCormick and
Esochanghi and any such motion to amend must be filed within 15
(fifteen) days of the entry of this order; and it is further
ORDERED all remaining claims against the DCA, DCA Defendants
Richman, Grifa, Bass-Levin, McCormick, Esochanghi, the NJHMFA,

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the CRA, CRA Defendant Olivette Simpson, the Defendant United
States Department of Housing and Urban Development and Defendant
Thumar are hereby DISMISSED WITH PREJUDICE as any amendment would
be futile; and
The temporary stay on Plaintiff's motion for summary
judgment [Docket Item 123], which stay was entered by Order of
February 22, 2012 [Docket item 157], as well as the stay upon the
cross-motion for summary judgment by the City of Camden [Docket
Item 166], are hereby lifted; Plaintiffs' summary judgment motion
[Docket Item 123] is hereby DISMISSED in part as moot as to each
Defendant as to which the Second Amended Complaint has been
dismissed in the instant Order, and the remaining Defendants
shall file opposition to Plaintiffs' summary judgment motion
within twenty (20) days of entry of this Order; likewise,
Plaintiffs' opposition to the Defendant City of Camden's crossmotion for summary judgment [Docket Item 166] will be due within
twenty (20) days of entry of this order.

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

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