AGCAOILI v. CONNOLLY et al

Filing 35

ORDER granting 16 Motion to Dismiss ; denying 17 Motion for Default Judgment ; denying 17 Motion to Stay; granting 19 Motion to Dismiss ; granting 27 Motion to Dismiss to the extent the deficiencies identified by this Court in its corresponding Opinion can be cured, Plaintiff is granted 30 days from the date of entry of this Order in which to file an amended complaint that cures the pleading deficiencies set forth. Signed by Judge Claire C. Cecchi on 4/18/17. (sr, )(N/M)

t

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ENRIQUETA B. AGCAOILI,

Civil Action No.: 2:16-cv-2730CCC-JCB

Plaintiff,
v.

ORDER

ELIZABETH CONNOLLY, VALERIE HARR,
ANGELICA
MAKRAM:
M.
HARRISON,
ARELIS:
MICHAIL,
LOPEZ,
MARTHA
RODRIGUEZ, LEA BALDWIN, LAUREN
GARCIA, KIMBERLY MOSS,
Defendants.

THIS MATTER comes before the Court on the motions of Defendants Elizabeth

Connolly, Valerie Harr, Angelica M. Harrison, Makram Michail, Martha Lopez, Arelis Rodriguez,
Lea Baldwin, Lauren Garcia, and Judge Kimberly Moss (collectively, “Defendants”) to dismiss
the complaint of pro se Plaintiff Enriqueta B. Agcaoili (“Plaintiff’) pursuant to federal Rule of
Civil Procedure 12(b)(6), ECF Nos. 16, 19, 27. Also before the Court is Plaintiffs motion to stay
and for default judgment, ECF No. 17. No oral argument was heard. See fed. R. Civ. P. 7$. For
the reasons set forth in this Court’s corresponding Opinion,
IT IS onthis

day of ‘cp_—

2017,

ORDERED that Defendants’ motions to dismiss (ECF Nos. 16, 19, 27) are GRANTED;
and it is further
ORDERED that the federal claim pursuant to the Americans with Disabilities Act is
DISMISSED WITHOUT PREJUDICE against all Defendants; and it is further

ORDERED that the remaining state-law claims are DISMISSED for lack of subject
matterjurisdiction; and it is further

ORDERED that Plaintiff’s motion to stay and for default judgment (ECF No. 17) is
DENIED; and it is further
ORDERED that to the extent the deficiencies identified by this Court in its corresponding
Opinion can be cured, Plaintiff is hereby granted thirty (30) days from the date of entry of this
Order in which to file an amended complaint that cures the pleading deficiencies set forth.
SO ORDERED.

CLAIRE C. CECCHI, U.S.D.J.