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Rolax v. Whitman

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


November 1, 2001

SHERRON ROLAX, PLAINTIFF,
v.
CHRISTINE TODD WHITMAN, CARL WILLIAMS, SUPERINTENDENT OF THE STATE POLICE OF NEW JERSEY, JOSEPH SHANAHAN, WILLIAM MALAST, EDGAR HESS, STATE OF NEW JERSEY, NEW JERSEY STATE POLICE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Stephen M. Orlofsky

ORDER

This matter having come before the Court on Defendants' Motion to Dismiss for failure to state a claim upon which relief can be granted, pursuant to Fed. R. Civ. R. 12(b)(6), Saul J. Steinberg, Esq., SUFRIN ZUCKER STEINBERG WALLER & WIXTED, P.C., appearing on behalf of Plaintiff, Sherron Rolax, and John J. Farmer, Jr., Esq., Attorney General of New Jersey, and Brian G. Flanagan, Esq. and James Harris, Esq., Deputy Attorneys General, appearing on behalf of Defendants; and,

The Court having considered the submissions of the parties and the oral argument of counsel; and,

For the reasons set forth in the Opinion filed concurrently with this Order;

IT IS, on this 1st day of November, 2001, hereby ORDERED that: (1) Defendants' Motion to Dismiss the Complaint for failure to state a claim upon which relief can be granted is GRANTED; and (2) Plaintiff's Motion for leave to file a late notice of claim under the New Jersey Tort Claims Act is DENIED.

STEPHEN M. ORLOFSKY United States District Judge

20011101

© 2001 VersusLaw Inc.



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