ALI v. JERSEY CITY PARKING AUTHORITY et al

Filing 26

ORDER denying pltf's 11 Motion for Default Judgment; granting 18 Motion to Set Aside Default; granting deft's 18 Motion to Dismiss the third amended complt. in it's entirety, with prejudice ***CIVIL CASE TERMINATED. Signed by Judge Susan D. Wigenton on 4/16/2014. (nr, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
:
:
:
Plaintiff,
:
:
v.
:
JERSEY CITY PARKING AUTHORITY, :
:
NIKO TAMTASURI, MARY F.
:
PARETTI,
:
Defendants.
:
SHAUKAT ALI,

Civil Action No. 13-cv-02678 (SDW) (MCA)

ORDER
April 16, 2014

WIGENTON, U.S.D.J.:
This matter comes before the Court upon (1) motion by Plaintiff Shaukat Ali (“Plaintiff”
or “Ali”) for default judgment (July 8, 2013, ECF No. 11) and (2) cross-motion to set aside
default and motion to dismiss Plaintiff’s Third Amended Complaint (“TAC”) pursuant to Fed. R.
Civ. P. 12(b)(6) by Jersey City Parking Authority, Pius Niko Tampusari, improperly named as
“Niko Tamtasuri,” and Mary F. Paretti (collectively “Defendants”) (January 1, 2014, ECF No.
18). Upon careful consideration of the submissions of the parties, and based upon the Court’s
Opinion filed this day;
IT IS on this 16th day of April, 2014;
ORDERED that Plaintiff’s motion to enter default judgment is denied;
ORDERED that Defendants’ cross-motion to set aside default is granted;
ORDERED that the default entered against Defendants by the clerk of the court on June
7, 2013 is vacated;

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ORDERED that Defendants’ motion to dismiss the TAC is granted;
ORDERED that Plaintiff’s TAC is dismissed in its entirety, with prejudice.

s/Susan D. Wigenton
Susan D. Wigenton , U.S.D.J.
Date:
Original:
cc:

April 16, 2014
Clerk
All Counsel of Record
Hon. Madeline C. Arleo, U.S.M.J.
File

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