GOFAN JUNIOR v. PEREKSTA et al

Filing 50

MEMORANDUM AND ORDER that the Motions to Dismiss, ECF Nos. 24 , 27 , 28 , 36 , and 38 are administratively terminated. Defendants are permitted to file summary judgment motions within thirty (30) days after answering the Complaint. If any Defen dant chooses to forego the opportunity to file an early summary judgment motion and stand on his or her existing motion to dismiss, he or she shall inform the Court of that choice in writing within seven (7) days of this Order. The Clerk shall serve a copy of this Order upon Plaintiff by regular mail. Signed by Judge Peter G. Sheridan on 10/16/2017. (mps)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

HENRY SAYE GOFAN JUNIOR,
Civil Action No. 16-8559 (PGS)

Plaintiff,
v.

:

MEMORANDUM AND ORDER

DARLENE J. PEREKSTA, et al.,
Defendants.
This matter comes before the Court on a civil rights Complaint filed by Plaintiff Henry
Saye Gofan Junior. Plaintiff alleges that he is a pretrial detainee who is being prosec
uted for
unspecified crimes by the State of New Jersey. ECF No. 1 at 2. Presently before the
Court are
five motions to dismiss filed by various Defendants. ECF Nos. 24, 27, 28, 36
& 38.
The main concern the Court had with regard to the Complaint was Plaintiffs allegat
ion
that he was unaware why he was arrested and detained by the State of New
Jersey. However, at
oral argument, Defendants informed the Court that Plaintiff has three outstan
ding indictments
against him, with the latest indictment related to the incident alleged in
the Complaint, which
charged Plaintiff with eluding and resisting arrest. Indeed, documents submit
ted by Plaintiff show
that he has a long history of criminal activities, and has been convicted of
a multitude of crimes in
the past, so there may have been any number of reasons why he was sought
by the police. Although
the Court cannot rely on evidence outside of the Complaint to decide motion
s to dismiss, the Court
is mindful that judicial economy may be best served if the Court is
provided with the relevant
documents from the state criminal proceedings, including but not limited
to the arrest report,
indictment, transcript of the arraignment hearing, transcript of any probab
le cause or suppression
hearing, or simply a procedural history of the criminal case. As such,
the Court finds it prudent,

________

given the facts of this case, to administratively terminate the motions to dismiss, and allow
Defendants to consider filing comprehensive early summary judgment motions before discovery.
Plaintif1 of course, would have the opportunity to oppose any summary judgment motions filed.
To the extent any Defendant chooses to stand on his or her existing motion, he or she may inform
the Court in writing, and his or her motion will be reinstated.’
IT IS therefore on this

day of

t.!arL..

,

2017,

ORDERED that the motions to dismiss, ECF Nos. 24, 27, 28, 36 & 38, are hereby
ADMINISTRATIVELY TERMiNATED; it is further
ORDERED that Defendants are permitted to file summary judgment motions within thirty

(30) days after answering the Complaint; it is further
ORDERED that should any Defendant chooses to forego the opportunity to file an early

summary judgment motion and stand on his or her existing motion to dismiss, he or she shall
inform the Court of that choice in writing within seven (7) days of this Order; and it is further
ORDERED that the Clerk shall serve a copy of this Order upon Plaintiff by regular mail.

Peter G. Sheridan, U.S.D.J.

‘Any motion to dismiss granted by this Court may be accompanied by an opportunity to amend.
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