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MT Holly Citizens in Action, Inc. v. Township of Mount Holly

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


November 25, 2008

MT HOLLY CITIZENS IN ACTION, INC., ET AL., PLAINTIFFS,
v.
TOWNSHIP OF MOUNT HOLLY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Noel L. Hillman, U.S.D.J.

ORDER

HILLMAN, District Judge

For the reasons expressed in the Court's Opinion filed on this date,

IT IS HEREBY ORDERED on this 25th day of November, 2008, that Plaintiffs' motion to amend [41] is granted in part and denied in part; and it is further

ORDERED that Plaintiffs may file the proposed second amended complaint submitted in conjunction with their motion to amend [41], but must remove from that document Counts 10 and 11, which this Court has dismissed without prejudice as unripe [see 46].

This order does not address whether any counts of the proposed second amended complaint might subsequently, upon motion, be dismissed pursuant to Fed. R. Civ. P. 12(b)(6). Nor does it address whether this Court will ultimately exercise supplemental jurisdiction over Count 9 of the proposed second amended complaint.

20081125

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