BENNETT v. CITY OF ATLANTIC CITY

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Docket Number

CIVIL ACTION NO. 03-823 (JEI)

Motions

Motion to dismiss : Granted

Motion to dismiss : Denied

Attorney(S)

DONNAMARIE DAVIS, ESQ., Frost Zeff, Cherry Hill, NJ, for Plaintiffs LISA DORIO-RUCH, ESQ., Trenton, NJ, of Counsel for Defendants the State of New Jersey Department of Personnel and the Merit System Board KAREN M. WILLIAMS, ESQ., Jasinski Williams, Atlantic City, NJ, of Counsel for Defendants City of Atlantic City and Benjamin Brenner

Judges

Joseph Eron Irenas

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BENNETT, et al., Plaintiffs, v. CITY OF ATLANTIC CITY, et al., Defendants

ORDER

JOSEPH IRENAS, District Judge

This matter having appeared before the Court upon Defendants' motion to dismiss, the Court having reviewed the submissions of the parties, for the reasons set forth in an opinion issued by this Court, which findings of fact and conclusions of law are incorporated herein by reference, and for good cause appearing,

IT IS on this day of October, 2003,

ORDERED THAT:

1. The New Jersey Department of Personnel's and the Merit Systems Board's ("State Defendants") motion to dismiss as to Counts I, II, III and V of Plaintiffs' complaint for lack of subject matter jurisdiction is GRANTED.

2. State Defendants' motion to dismiss Count IV of Plaintiffs' complaint for lack of standing is GRANTED.

3. The City of Atlantic City's and Benjamin Brenner's ("City Defendants") motion to dismiss Count IV of Plaintiffs' complaint for lack of standing is GRANTED.

4. The City Defendants' motion to dismiss Counts I, II, III and V of Plaintiffs' complaint is DENIED.

BENNETT, et al., Plaintiffs, v. CITY OF ATLANTIC CITY, et al., Defendants

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