DOTY v. UNITED STATES OF AMERICA et al

Filing 66

MEMORANDUM AND ORDER, Defendants have seven (7) days from the entry of this Order in which to submit a supplemental brief in support of their Motion for Reconsideration, ECF No. 48 , limited to five pages, etc. Signed by Judge Noel L. Hillman on 1/24/18. (js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ALFRED DOTY,

No. 15-cv-3016 (NLH) (JS)

Plaintiff,

MEMORANDUM AND
ORDER

v.
UNITED STATES OF AMERICA, et
al.,
Defendants.

IT APPEARING THAT:
1.

On June 29, 2017, the Court denied Defendants’ Motion

to Dismiss the Second Amended Complaint as to Plaintiff’s claim
brought pursuant to Bivens v. Six Unknown Federal Narcotics
Agents, 403 U.S. 388 (1971).

ECF Nos. 45 (opinion), 46 (order).

Defendants moved for reconsideration on July 13, 2017, arguing
that the Court should reconsider its decision in light of a U.S.
Supreme Court opinion issued prior to this Court’s ruling,
Ziglar v. Abbasi, 137 S. Ct. 1843 (2017).

ECF No. 48-1.

Plaintiff opposed this motion by brief dated August 7, 2017.
ECF No. 54.

No reply was filed by Defendants.

The motion is

now ripe for adjudication.
2.

When the parties filed their briefs addressing the

Motion for Reconsideration, scant case law existed interpreting
and applying the impact of Ziglar.

In light of recent

developments in that case law, the Court wishes to provide the
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parties an opportunity to supplement their prior briefing as to
the impact and application of Ziglar to the instant Motion.
IT IS therefore on this

24th

day of January, 2018,

ORDERED that Defendants have seven (7) days from the entry
of this Order in which to submit a supplemental brief in support
of their Motion for Reconsideration, ECF No. 48, limited to five
pages; and it is finally
ORDERED that Plaintiff shall have seven (7) days from the
entry of Defendants’ supplemental brief in which to submit a
supplemental opposition brief, limited to five pages.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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