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Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision | New Jersey
Order on Motion to Dismiss
TEXT ORDER: The Court has resolved (in the negative) the question of whether the Plaintiff is entitled to damages for alleged violations here of federal law. See ECF 94 ; ECF 101 . The next question is whether the Plaintiff has Article III standing to obtain injunctive relief for alleged violations of federal law. That Article III issue, under Steel Co. v. Citizens for a Better Environment, 523 U.S. 83 (1998), must be resolved before the merits of the request for injunctive relief can be reached. If there is no Article III standing here, it may be that there is no continuing basis for federal subject-matter jurisdiction in this case as to any federal claims --- in which case it may or may not be proper for the Court to consider the Plaintiff's state-law claims on a supplemental jurisdiction basis. Bottom line: the Article III standing issue here is potentially a gating issue for all that is left of this case. Accordingly, the Court will not work through any other issues here until that gating standing issue is resolved. Under the briefing schedule the Court has set, see ECF 103 , the standing issue will be fully submitted on October 28. The motions to dismiss at ECF 61 , ECF 62 , and ECF 64 are hereby administratively terminated. This is so the public docket is accurate --- and reflects that the Court will not be working on those three motions until the gating standing issue is wrapped up. The Court will restore the motions at ECF 61 , ECF 62 , and ECF 64 to the docket just after it resolves the standing issue. So Ordered by Judge Michael E. Farbiarz on 9/16/2026. (ro, )
Text Order
TEXT ORDER: The Defendants' request at ECF 99 and the Plaintiff's request at ECF 102 are each granted. The Defendants shall file their standing letter brief on or before October 14 at noon. The Plaintiff shall then file a letter brief of no more than three pages on or before October 21 at noon. The Defendants shall then file a reply letter brief of no more than three pages on or before October 28 at noon. Factual materials, including declarations, may be appended to any of these letter briefs and will not count against page limits. The Plaintiff shall file its letter brief on state action, see ECF 97 , on or before October 21 at noon. The Defendant will be given an opportunity to respond after the Court determines whether there is Article III standing here. So Ordered by Judge Michael E. Farbiarz on 9/16/2026. (ro, )
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