D'ANTONIO v. BOROUGH OF ALLENDALE et al

Filing 81

ORDER granting 22 Motion to Dismiss, David Bole (Bole), the Borough ofAllendale (the Borough), Mary McDonnell (McDonnell), David Pfund (Pfund), and Stiles Thomas (Thomas, together, the Borough Defendants) (ECF No. 33); Mark S. Carter (Carter) (ECF No. 34); Richard Epstein (Epstein) (ECF No. 36); John Albohm (Albobm) (ECF No. 39); and the Bergen County Sheriffs Department (Sheriffs Department) (ECF No. 47); ; denying 63 Motion for Default Judgment and Plaintiffs appeal (ECF No. 74) of Magi strate Judge Clarks November 18, 2016, Order (ECF No. 73); that the Complaint is DISMISSED without prejudice; granting Pltf. (30) days from the date of this order to file an amended complaint to address the pleading deficiencies described herein, and, if the amended complaint asserts any claims against Defendants Capazzi, Monahan, and PRC, Plaintiff is granted 60 days from the date of this Opinion to effect proper service on these Defendants. Signed by Judge Claire C. Cecchi on 2/21/17. (DD, )

Download PDF
Case 2:16-cv-00816-CCC-JBC Document 81 Filed 02/21/17 Page 1 of 2 PageID: 1505 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY MICHAEL A. D’ANTONIO, Civil Action No.: 1 6-cv-8 16 Plaintiff, ORDER V. BOROUGH OF ALLENDALE, etaL, Defendants. CECCHI, District Judge. This matter comes before the Court on several motions to dismiss made by the following Defendants: Passaic River Coalition (“PRC”) (ECF No. 22); David Bole (“Bole”), the Borough of Allendale (“the Borough”), Mary McDonnell (“McDonnell”), David Pfund (“Pfund”), and Stiles Thomas (“Thomas,” together, the “Borough Defendants”) (ECF No. 33); Mark S. Carter (“Carter”) (ECF No. 34); Richard Epstein (“Epstein”) (ECF No. 36); John Albohm (“Albobm”) (ECF No. 39); and the Bergen County Sheriffs Department (“Sheriffs Department”) (ECF No. 47); as well as p Plaintiff Michael A. D ‘Antonio’s (“Plaintiff’) motion for default judgment against Defendants Louis Capazzi (“Capazzi”) and Thomas P. Monahan, Esq. (“Monahan”) (ECF No. 63), and Plaintiffs appeal (ECF No. 74) of Magistrate Judge Clark’s November 18, 2016, Order (ECF No. 73). For the reasons stated in the corresponding Opinion, IT IS, on this day of February, 2017, ORDERED that Defendants’ motions are GRANTED; it is further ORDERED that Plaintiff’s motion and appeal are DENIED; it is further ORDERED that the Complaint is DISMISSED without prejudice; and it is further 1 Case 2:16-cv-00816-CCC-JBC Document 81 Filed 02/21/17 Page 2 of 2 PageID: 1506 ORDERED that Plaintiff is granted 30 days from the date of this order to file an amended complaint to address the pleading deficiencies described herein, and, if the amended complaint asserts any claims against Defendants Capazzi, Monahan, and PRC, Plaintiff is granted 60 days from the date of this Opinion to effect proper service on these Defendants. SO ORDERED. CLAIRE C. CECCHI, U.S.D.J. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?