UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
November 3, 2003
BENNETT, ET AL., PLAINTIFFS,
CITY OF ATLANTIC CITY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Irenas, Senior 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 3rd day of November, 2003,
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.
JOSEPH E. IRENAS, S.U.S.D.J.
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