IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
December 11, 2000
MARK CLEMENT, PLAINTIFF,
PUBLIC SERVICE ELECTRIC AND GAS COMPANY AND EMPLOYEE JOHN DOE ("MARK") BOTH AS AN AGENT AND INDIVIDUALLY,
The opinion of the court was delivered by: Stephen M. Orlofsky United States District Judge
HON. STEPHEN M. ORLOFSKY
This matter have come before the Court on the motions of Defendants, Public Service Electric and Gas Company and John Doe, to dismiss the Complaint for failure to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6) and for sanctions pursuant to Fed. R. Civ. P. 11, Hope M. Pomerantz, Esq., appearing for Defendants, Lorraine Harris, Esq., appearing for Plaintiff, Mark Clement; and,
The Court having considered the papers filed by the parties in support of and in opposition to the above motions, for the reasons set forth in the Opinion filed concurrently with this Order;
IT IS on this 11th day of December, 2000, hereby ORDERED that:
1. Defendants' motion to dismiss the Complaint for failure to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6) is granted without prejudice;
2. Plaintiff shall have thirty (30) days from the filing of this Order and the accompanying Opinion to file an Amended Complaint, that is, on or before January 10, 2001;
3. If Plaintiff fails to amend his Complaint on or before January 10, 2001, or if the Amended Complaint is deficient, Defendants may renew their motion to dismiss the Complaint for failure to state a claim;
4. Lorraine Harris, Esq., shall show cause before this Court on January 19, 2001 at 9:30 a.m. whether she has violated Federal Rule 11(b)(2), and what sanctions, if any, should be imposed. Specifically, Ms. Harris shall show cause whether she conducted an "inquiry reasonable under the circumstances" that the claims she has asserted on behalf of Plaintiff in this case "are warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;"
5. Ms. Harris shall file and serve her brief in response to this Order to Show Cause on or before December 29, 2000;
6. Defendants shall file and serve their responsive papers on or before January 5, 2001;
7. Ms. Harris shall file and serve her reply brief, if any, on or before January 12, 2001;
8. The Court will decide the issues presented by this Order to Show Cause on the papers without oral argument, unless the Court specifically directs counsel to appear for oral argument.
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