D.W. v. NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES et al
| D.W. |
| NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES, NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, STATE OF NEW JERSEY, MANAGERIAL DOES 1-10, SUPERVISORY DOES 1-10 and CASEWORKER DOES 1-10 |
| 3:2021cv15789 |
| August 20, 2021 |
| US District Court for the District of New Jersey |
| Lois H Goodman |
| Freda L Wolfson |
| P.I.: Other |
| 28 U.S.C. ยง 1442 |
| Defendant |
Docket Report
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Filing 7
TEXT ORDER granting #5 Motion to Dismiss. This matter arises from Plaintiff D.W.s Complaint alleging violations of due process under the U.S. Constitution, as well as state tort law claims and violations of the Child Placement Bill of Rights Act, N.J. Stat. Ann. 9:6B-1, et seq., against defendants the New Jersey Division of Child Protection and Permanency (DCP&P), the Department of Children and Families (DCF), the State of New Jersey (collectively, the State Defendants). Additionally, Plaintiff names unidentified State officials, in their official and individual capacities, as Managerial Does 1-10, Supervisory Does 1-10, and Caseworker Does 1-10 (collectively, "the Doe Defendants"). The State Defendants move to dismiss Counts 1-3 of the Amended Complaint, which counts assert section 1983 claims against them. The State Defendants correctly argue, and Plaintiff concedes, that none of the State Defendants are "persons" amenable to suit under section 1983. Accordingly, Counts 1-3 against the State Defendants are dismissed with prejudice. All other claims shall proceed against the State Defendants. To be clear, all claims against the Doe Defendants shall also proceed. ORDERED by Chief Judge Freda L. Wolfson on 12/15/2021. (Fang, W)
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ATTENTION COUNSEL: The Initial Conference scheduled for 12/7/2021 has been cancelled pending the decision on the #5 Motion to Dismiss. (ijf, )
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Filing 6
BRIEF in Opposition filed by D.W. re #5 MOTION to Dismiss in Lieu of Answer (KEMENY, ALEXANDER)
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Filing 5
MOTION to Dismiss in Lieu of Answer by NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES, NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, STATE OF NEW JERSEY. (Attachments: #1 Certificate of Service, #2 Text of Proposed Order, #3 Brief)(MORRIS, KATHRYN)
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Set Deadlines as to #5 MOTION to Dismiss in Lieu of Answer. Motion set for 10/4/2021 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem)
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Filing 4
Application and Proposed Order for Clerk's Order to extend time to answer as to clerk's extension. Attorney ALEXANDER JOSEPH KEMENY for D.W. added. (Attachments: #1 Cover letter, #2 Certificate of Service certificate of service)(HUNKINS, BRIAN)
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Clerk`s Text Order - The document #4 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES has been GRANTED. The answer due date has been set for 9/10/2021. (jem)
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Filing 3
Order Initial Conference set for 12/7/2021 02:30 PM in Trenton - Courtroom 7E before Magistrate Judge Lois H. Goodman. Signed by Magistrate Judge Lois H. Goodman on 8/23/2021. (ijf, )
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Filing 2
Exhibit to #1 Notice of Removal,, by New Jersey Department of Children and Families. (HUNKINS, BRIAN)
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Filing 1
NOTICE OF REMOVAL by New Jersey Department of Children and Families , State of NJ and DCPP from Superior Court of New Jersey, Middlesex County, case number MID-L-04248-21. ( Filing and Admin fee $ 402 receipt number ANJDC-12734878), filed by New Jersey Department of Children and Families. (Attachments: #1 Cover letter, #2 Certificate of Service Removal certificate of service, #3 Civil Cover Sheet Civil cover sheet, #4 Civil Cover Sheet addendum to Civil Cover sheet)(HUNKINS, BRIAN)
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Chief Judge Freda L. Wolfson and Magistrate Judge Lois H. Goodman added. (jal, )
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