PETER et al v. TAVISTOCK AT MAYS LANDING HOA et al
Filing
27
AMENDED MEMORANDUM ORDER granting Defendant's 13 , 14 , 15 , 16 , 17 and 19 Motions to dismiss. Signed by Judge Michael A. Shipp on 10/24/2024. (kht)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ELIZABETH PETER, et al.,
Plaintiff,
V.
AT
MAYS
LANDING
TAVISTOCK
HOMEOWNERS' ASSOCIATION, INC.; et
al.,
Civil Action No. 3:24-cv-758-MAS-TJB
AMENDED MEMORANDUM ORDER
Defendants.
SHIPP, District Judge
This matter comes before the Court upon six different motions to dismiss filed by fifteen
different defendants (collectively, the "Defendants"). 1 All of the Defendants' motions seek to
dismiss Plaintiffs Elizabeth Peter ("E. Peter") and Anina Peter's Complaint in its entirety as to
each individual Defendant (ECF No. 1). (See ECF Nos. 13, 14, 15, 16, 17, and 19.) Plaintiffs
opposed the motions to dismiss collectively (ECF No. 20), and the Ansell Defendants and State
Judicial Defendants opposed (ECF Nos. 21, 24). After considering the parties' submissions, the
1
All Defendants so far served in this matter move to dismiss. These Defendants include
(1) Defendants Eric Mann, Esq., Maxwell L. Billek, Esq., Michael P. Chipko, Esq., and Wilson
Elser Moskowitz, Edelman & Dicker, LLP (collectively, the "Wilson Elser Defendants") (ECF
No. 13); (2) Dennis Bartal and Christopher Stanchina, Esq. (ECF No. 14); (3) the New Jersey Bar
Association ("NJBA") (ECF No. 15); (4) Tavistock at Mays Landing Homeowners Association,
Inc. (the "Association"), Karen Bartal, and Jennifer M. Kurtz, Esq. (collectively, the "Association
Defendants") (ECF No. 16); (5) Nicole D. Miller, Esq. and Ansell Grimm & Aaron, P.C.
(collectively, the "Ansell Defendants") (ECF No. 17); and (6) the State ofNew Jersey (the "State"),
the Honorable Dean R. Marcolongo, J.S.C., and the Honorable Sarah B. Johnson, J.S.C. (the "State
Judicial Defendants") (ECF No. 19).
future filings." Peter v. New Jersey, No. 23-2477, 2024 WL 303172, at *5 (D.N.J. Jan. 26, 2024).
Because the Court was clear with E. Peter that continued frivolous filing would not be tolerated,
an amendment here would be futile, and the Court will dismiss the Complaint with prejudice. See
Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002) (noting that court has discretion
to dismiss claims with prejudice when finding amendment would be futile). This Memorandum
Order constitutes a final warning that any future frivolous filings related to the same transaction
and occurrence set forth in Plaintiffs' current Complaint may lead to sanctions.
For the reasons set forth in this Memorandum Order,
IT IS on this ;; {'-'aay of October 2024, ORDERED as follows:
1. Defendants' motions to dismiss (ECF Nos. 13, 14, 15, 16, 17, and 19) are
GRANTED.
2. Plaintiffs' Complaint (ECF No. 1) is DISMISSED WITH PREJUDICE.
3. The Clerk's Office is directed to close this case.
MicHAEL
A.SIPP
�
UNITED STATES DISTRICT JUDGE
6
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