SMITH et al v. LONG BEACH ISLAND COMMUNITY CENTER, INC. et al
Filing
5
OPINION. Signed by Judge Mary L. Cooper on 12/6/2011. (gxh)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAROL SMITH, et al.,
Plaintiffs,
v.
LONG BEACH ISLAND COMMUNITY
CENTER, INC., et al.,
Defendants.
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CIVIL ACTION NO. 11-6712 (MLC)
O P I N I O N
THE PLAINTIFFS bringing this action to recover damages for
violations of federal law and the New Jersey Law Against
Discrimination (“NJLAD”) (dkt. entry no. 1, Compl.); and the
Court ordering the plaintiffs to show cause why the Court should
not dismiss the Complaint (dkt. entry no. 3, Order To Show
Cause); and
THE PLAINTIFFS advising in response that they intend to
abandon the claims asserted pursuant to federal law, and that
they will now pursue the NJLAD claims in the state-court system
(dkt. entry no. 4, Pl. Response at 1); and the Court thus
intending to dismiss the Complaint insofar as it asserts (1)
claims pursuant to federal law with prejudice, and (2) NJLAD
claims without prejudice to the plaintiffs to commence an action
or a proceeding asserting the NJLAD claims before the appropriate
state court or agency within 30 days, see 28 U.S.C. § 1367(d);
and for good cause appearing, the Court will issue an appropriate
order and judgment.1
s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
Dated:
December 6, 2011
1
The plaintiffs sought to have the action either remanded
or transferred to a state court. (Pl. Response at 1; id., Ex. A,
Proposed Order at 2.) The Court is not authorized to either
remand an action to state court that has not been removed, or
transfer an action to state court. See 28 U.S.C. § 1367(d).
2
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