LIGHTNER v. 1621 ROUTE 22 WEST OPERATING COMPANY, LLC

Filing 78

OPINION filed. Signed by Judge Mary L. Cooper on 3/1/2013. (mmh)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

J. MICHAEL LIGHTNER,

CIVIL ACTION NO. 12-4696 (MLC)
O P I N I O N

Petitioner,
v.
1621 ROUTE 22 WEST OPERATING
COMPANY, LLC,
Respondent.

THE RESPONDENT, 1621 Route 22 West Operating Company, LLC
(“Somerset Valley”), moves to dismiss the action for lack of
jurisdiction, arguing that the National Labor Relations Board (“the
NLRB”) and the petitioner, J. Michael Lightner, the regional
director of Region 22 of the NLRB (“the Regional Director”), each
lacked authority to institute the action.

(See dkt. entry no. 77,

Mot.; dkt. entry no. 77-1, Br. in Supp. at 9-19.)

Somerset Valley

relies primarily on the recent decision of the United States Court
of Appeals for the District of Columbia (“D.C. Circuit”) in Noel
Canning v. NLRB, Nos. 12-1115 & 12-1153, 2013 WL 276024 (D.C. Cir.
Jan. 25, 2013).

(See Br. in Supp. at 9-11, 12-14.)

IT APPEARS that the time for direct appeal in the Noel Canning
action has not yet expired.

The time to petition the United States

Supreme Court for a writ of certiorari in that action will not
lapse until, at the earliest, Thursday, April 25, 2013.

See S.Ct.

R. 13(1) (“[A] petition for a writ of certiorari to review a
judgment in any case, . . . entered by a United States court of
appeals . . . is timely when it is filed within 90 days after entry
of the judgment.”)

But see S.Ct. R. 13(5) (“For good cause, a

Justice may extend the time to file a petition for a writ of
certiorari for a period not exceeding 60 days.”)
THE COURT, for good cause appearing, will thus issue a
separate order, staying and administratively terminating this
action.1

This order will be issued pursuant to the Court’s

inherent powers to control the docket and preserve judicial
economy.

See, e.g., Cargill v. State of N.J., Dept. of Educ., No.

09-6024, 2010 WL 4916717, at *2 (D.N.J. Nov. 24, 2010).2

s/ Mary L. Cooper
.
MARY L. COOPER
United States District Judge
Date:

March 1, 2013

1

The Court notes that the Magistrate Judge held a phone
conference with Somerset Valley, the Regional Director, and amicus,
1199 SEIU United Healthcare Workers East, on February 25, 2013.
During that conference, the Magistrate Judge informed all counsel
of the Court’s intention to stay and administratively terminate the
action.
2

An order administratively terminating an action is not the
equivalent of a dismissal with prejudice. See Delgrosso v. Spang &
Co., 903 F.2d 234, 236 (3d Cir. 1990) (stating that administrative
termination is not a final determination on the merits, as it
“permits reinstatement,” “contemplates the possibility of future
proceedings,” and “does not purport to end litigation on the
merits”).
2