NORTHERN VALLEY REGIONAL BOARD OF EDUCATION v. T.P.

Filing 13

ORDER; denying without prejudice to refile 12 Plaintiff's Motion for Default Judgment; any renewed motion shall include a brief that sets forth why Plaintiff believes they are entitled to relief on the merits under the Individuals with Dis abilities Education Improvement Act, 20 U.S.C. § 1400 et seq., associated federal regulations, and corresponding state law, N.J.S.A. § 18A:46-1 et seq.; Plaintiff show cause why the Complaint should not be dismissed as moot, since A.P., a senior at Plaintiffs Old Tappan High School as of May 2018, has likely graduated, and the only relief sought is declaratory, see id. at 22-23; etc. Signed by Judge Madeline Cox Arleo on 12/16/2019. (sms)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

NORTHERN VALLEY REGIONAL
BOARD OF EDUCATION,
Civil Action No. 18-8840
Plaintiffs,
ORDER

v.
T.P. o/b/o A.P.,
Defendant.

THIS MATTER comes before the Court by way of Plaintiff Northern Valley Regional
Board of Education’s (“Plaintiff”) unopposed Motion for Default Judgment pursuant to Federal
Rule of Civil Procedure 55(b), ECF No. 12, against Defendant T.P., on behalf of A.P., a minor;
and it appearing that before entering a default judgment, the Court must determine: (1)
whether it has jurisdiction over the action and the parties, see Animal Sci. Prods., Inc. v. China
Nat’l Metals & Minerals Imp. & Exp. Corp., 596 F. Supp. 2d 842, 848 (D.N.J. 2008), and (2)
whether the plaintiff’s complaint sufficiently pleads a cause of action, see Chanel, Inc. v.
Gordashevsky, 558 F. Supp. 2d 532, 536 (D.N.J. 2008);
IT IS on this 16th day of December, 2019;
ORDERED that Plaintiff’s Motion for Default Judgment, ECF No. 12, is hereby DENIED
without prejudice to refile; and it is further
ORDERED that any renewed motion shall include a brief that sets forth why Plaintiff
believes they are entitled to relief on the merits under the Individuals with Disabilities Education
Improvement Act, 20 U.S.C. § 1400 et seq., associated federal regulations, and corresponding state
law, N.J.S.A. § 18A:46-1 et seq.; and it is further

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ORDERED that Plaintiff show cause why the Complaint should not be dismissed as moot,
since A.P., a senior at Plaintiff’s Old Tappan High School as of May 2018, see ECF No. 1 ¶ 3, has
likely graduated, and the only relief sought is declaratory, see id. at 22-23.

/s Madeline Cox Arleo___________
MADELINE COX ARLEO
UNITED STATES DISTRICT JUDGE

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