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Mendez v. Draham

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


January 31, 2002

ANGEL MENDEZ, VITO MIRABILE, JOHN YOUNG, AND GUSTAVO NIEVES, PLAINTIFFS,
v.
CORRECTIONAL OFFICER DRAHAM, ET AL., 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 Strike, pursuant to Fed. R. Civ. P. 8, and on Defendants' Motion for Sanctions, pursuant to Fed. R. Civ. P. 11, David Samson, Esq., Attorney General of New Jersey, David M. Ragonese, Esq., Deputy Attorney General, appearing on behalf of Defendants, New Jersey Department of Law and Public Safety; Stanley Nunn, Superintendent, Barney Dyrnes, Internal Affairs Director; Associate Administrator Valusek; Howard Beyer, Assistant Commisioner; Jack Terhune, Commissioner; Maggie Aguero, Office of the Ombudsmand; Margaret Lebak; Administrator McNamarra; South Woods State Prison; Peter Verniero; Jaynee La Vecchia; Christine Todd Whitman; Unnamed Internal Affairs Officers; Unnamed Employees of the New Jersey Departments of Law and Public Safety; Unnamed Supervising Staff, South Woods State Prison; and Unnamed Assistant Ombudsmen, and Samuel A. Malat, Esq., appearing on behalf of Plaintiffs, Angel Mendez, Vito Mirabile, John Young, and Gustavo Nieves; and,

The Court having considered the papers submitted by counsel for Defendants in support of the motion and the papers submitted by counsel for Plaintiffs in opposition;

For the reasons set forth in the Opinion issued herewith, IT IS, on this 31st day of January, 2002, hereby ORDERED that:

1. the Defendants' Motion to Strike the Complaint is GRANTED; and,

2. the Defendants' Motion for Sanctions, pursuant to Fed. R. Civ. P. 11, is GRANTED; and,

3. the Complaint is DISMISSED WITHOUT PREJUDICE; and,

4. Plaintiffs may move to file an Amended Complaint within 30 days of this Order; and,

5. if Plaintiffs shall fail to move to amend the Complaint within 30 days of this Order, the Complaint shall be dismissed with prejudice; and,

6. the Court, by publication of the foregoing Opinion and Order, hereby admonishes the attorney for Plaintiffs, Samuel A. Malat, Esq., for his repeated and flagrant violations of Fed. R. Civ. P. 11.

STEPHEN M. ORLOFSKY United States District Judge

20020131

© 2002 VersusLaw Inc.



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