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Civil Rights: Other | New Jersey
Text Order ~Util - Terminate Motions
TEXT ORDER - Presently before the Court is Plaintiff's appeal, ECF No. 81, of Judge Clark's opinion and order denying his motion to proceed by pseudonym. ECF Nos. 78-79. The School Defendants opposed the motion, ECF No. 83, and Plaintiff replied. ECF No. 87. Following the undersigned's dismissal without prejudice of his first complaint, Plaintiff filed an amended complaint. ECF No. 88. That pleading did not disclose his identity, as required by Judge Clark's order, and Plaintiff did not move to stay Judge Clark's order as required by Local Rule 72.1(c)(1)(B). In response, the School Defendants have moved to dismiss the complaint under Rule 41 for failure to comply with Judge Clark's order. ECF No. 89. That motion also argues that dismissal is warranted because Plaintiff exceeded the leave to amend granted by the undersigned in dismissing his first complaint, as Plaintiff enlarged what was originally an eight-count, twenty-three-page pleading into a twenty-nine-count, seventy-five-page pleading. ECF No. 89. The DCPP Defendants joined this motion. ECF No. 91. In the interest of efficiency and judicial economy, the Court intends to address Plaintiff's appeal first. Because that decision may affect the operative pleading, the Court will administratively terminate the pending motion to dismiss, ECF No. 89, without prejudice. The parties shall not submit further briefing on that motion at this time. Additionally, the Court will extend the deadline by which the Defendants must file motions under Rule 12(b) until after it resolves the pending appeal of Judge Clark's order. See Insulate SB, Inc. v. Abrasive Prods. & Equip., No. 13-1609, 2013 WL 4538261, at *2 (M.D. Pa. Aug. 27, 2013) ("[A] district court has 'ample power, in its discretion, to extend the time for serving a motion or answer.'" (quoting Chocallo v. I.R.S. Dep't of Treasury, 145 F. App'x 746, 747 (3d Cir. 2005))). So Ordered by Judge Claire C. Cecchi on 7/24/2026. (jl, )
Reply Brief to Opposition to Motion
REPLY BRIEF to Opposition to Motion filed by BRETT E.J. GORMAN, GORMAN, D'ANELLA, MORLOK, LLC, PENDER & STRICKLAND LLC, TED C. STRICKLAND, JR re 103 First MOTION to Dismiss Amended Complaint (GORMAN, BRETT)
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