Opinion

NORTHERN VALLEY REGIONAL BOARD OF EDUCATION v. T.P.

Court
District Court, D. New Jersey
Filed
Dec 18, 2019
Cited by
0 cases
Authority
More cited than 31.6%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

NORTHERN VALLEY REGIONAL

BOARD OF EDUCATION,

Civil Action No. 18-8840

Plaintiffs,

ORDER

v.

T.P. o/b/o A.P.,

Defendant.

THIS MATTER comes before the Court by way of Plaintiff Northern Valley Regional

Board of Education’s (“Plaintiff”) unopposed Motion for Default Judgment pursuant to Federal

Rule of Civil Procedure 55(b), ECF No. 12, against Defendant T.P., on behalf of A.P., a minor;

and it appearing that before entering a default judgment, the Court must determine: (1)

whether it has jurisdiction over the action and the parties, see Animal Sci. Prods., Inc. v. China

Nat’l Metals & Minerals Imp. & Exp. Corp., 596 F. Supp. 2d 842, 848 (D.N.J. 2008), and (2)

whether the plaintiff’s complaint sufficiently pleads a cause of action, see Chanel, Inc. v.

Gordashevsky, 558 F. Supp. 2d 532, 536 (D.N.J. 2008);

IT IS on this 16th day of December, 2019;

ORDERED that Plaintiff’s Motion for Default Judgment, ECF No. 12, is hereby DENIED

without prejudice to refile; and it is further

ORDERED that any renewed motion shall include a brief that sets forth why Plaintiff

believes they are entitled to relief on the merits under the Individuals with Disabilities Education

Improvement Act, 20 U.S.C. § 1400 et seq., associated federal regulations, and corresponding state

law, N.J.S.A. § 18A:46-1 et seq.; and it is further

ORDERED that Plaintiff show cause why the Complaint should not be dismissed as moot,

since A.P., a senior at Plaintiff’s Old Tappan High School as of May 2018, see ECF No. 1 ¶ 3, has

likely graduated, and the only relief sought is declaratory, see id. at 22-23.

/s Madeline Cox Arleo___________

MADELINE COX ARLEO

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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