Content Details
11-5935 - N.J. (m) v. State of New York et al
- Category
- Judicial Publications
- Collection
- United States Courts Opinions
- SuDoc Class Number
- JU 4.15
- Court Type
- District
- Court Name
- United States District Court Eastern District of New York
- Circuit
- 2nd
- Office Location
- Central Islip
- Case Type
- civil
- Nature of Suit
- Other Civil Rights
- Cause
- 42:1983 Civil Rights Act
- Party Names
- Dr. John B. King, Jr., Commissioner of Education of the State of New York, Defendant
Malverne Union Free School District, Defendant
New York State Education Department, Defendant
State of New York, Defendant
N.J. (m), Plaintiff
- Opinion Filed Date
- January 9, 2012
- Docket Text
- er jurisdiction, and the applicability of the res judicata doctrine until after they have been fully briefed by the parties. Ordered by Senior Judge Arthur D. Spatt on 1/9/2012. (Florio, Lisa) ORDER: SO ORDERED that the Court notes that in addition to addressing the specific question posed by the Court, both the State Defts and the District argued that the Court should reverse its ruling because: (I) the Court lacks subject-matter jurisdiction over the Plaintiffs' federal claims and (2) the doctrine of res judicata bars the Plaintiffs claims based on the consent order entered into in National Law Center on Homelessness and Poverty v. State of New York, No. 04-CV -705 (E.D.N.Y. Mar. 31, 2006) (Spatt, J.). These issues were first raised in the State Defts' motion to dismiss filed on December 9, 2011, the day of the hearing. The Plaintiffs did not have an opportunity to respond to either objection at the hearing. Furthermore, on December 27, 2011, the parties entered into a stipulation extending the Plaintiffs time to respond to the motion to dismiss until January 9, 2012. In light of the complexity of these issues, the Court will reserve decision on its subject-matt
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