NORTHERN VALLEY REGIONAL BOARD OF EDUCATION v. T.P.
NORTHERN VALLEY REGIONAL BOARD OF EDUCATION v. T.P.
Trial Court 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. § 1400et 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
Reference
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