Opinion
Civil No. 07-1587 (RMB).
January 29, 2008
ORDER
This matter having come before the Court upon several motions: (1) Plaintiff's motion for default judgment as to Defendant Henry G. Broome, Jr. [Docket No. 20]; (2) Defendant Broome's motion to vacate the motion for default judgment and to dismiss [Docket No. 21]; (3) Defendants Egg Harbor Township Municipal Court, Administrative Law Judge H. Robert Switzer, and Patrolman John C. Lee's motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) [Docket No. 22]; 4) Plaintiff's request for entry of default against Defendant Merline [Docket No. 27]; and, 5) Plaintiff's request for leave to file an Amended Complaint. [Docket No. 36]; and the Court having reviewed the moving papers and the opposition thereto; and for the reasons expressed in the Opinion issued this date;
IT IS HEREBY ORDERED that Plaintiff's motion for entry of default judgment as to Defendant Henry G. Broome, Jr. [Docket No. 20] is DENIED; and
IT IS FURTHER ORDERED that (2) Defendant Broome's motion to vacate the motion for default judgment and to dismiss the Complaint is GRANTED [Docket No. 21]; and
IT IS FURTHER ORDERED that (3) Defendants Egg Harbor Township Municipal Court, Administrative Law Judge H. Robert Switzer, and Patrolman John C. Lee's motion for judgment on the pleadings [Docket No. 22], is GRANTED, with regard to claims against Egg Harbor Municipal Court and Administrative Law Judge Switzer, and DENIED with regard to John C. Lee; and
IT IS FURTHER ORDERED that Plaintiff's request for entry of default against Defendant Merline [Docket No. 27] is DENIED and both Merline and Atlantic County Justice Facility are dismissed from this action; and
IT IS FURTHER ORDERED that Plaintiff's request for leave to file an Amended Complaint as proposed [Docket No. 36] is DENIED; and
IT IS FURTHER ORDERED that Plaintiff shall have thirty (30) days from the date of this Opinion and Order to file an Amended Complaint consistent with this Court's Opinion.