govinfo:USCOURTS-njd-1_19-cv-08935-8

UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY 
  
 
DELLISA RICHARDSON, 
 
   Plaintiff, 
 
v. 
 
CASCADE SKATING RINK and LIVE 
LIFE HEADPHONES LLC, 
 
             Defendants. 
 
 
 
1:19-cv-08935-NLH-EAP 
 
OPINION AND ORDER 
 
HILLMAN, District Judge 
WHEREAS, Plaintiff Dellisa Richardson (“Plaintiff”) filed a 
motion for judgment on the pleadings on April 24, 2023 that 
referred to, but did not include, a supporting brief, (ECF 144); 
and 
WHEREAS, on May 1, 2023, Magistrate Judge Elizabeth A. 
Pascal appointed Jay DiMarino, Esquire as pro bono counsel for 
Plaintiff for the limited purpose of consulting with and 
representing Plaintiff in settlement negotiations, (ECF 148), 
and Plaintiff thereafter moved to stay consideration of her 
motion for judgment on the pleadings pending settlement 
negotiations, (ECF 152); and 
WHEREAS, the Court granted Plaintiff’s motion and provided 
an extendable ninety-day stay of consideration of the motion for 
judgment on the pleadings, (ECF 159); and 
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WHEREAS, Plaintiff moved for sanctions on September 12, 
2023, (ECF 167), and thereafter moved to further stay the motion 
for judgment on the pleadings pending disposition of the 
sanctions motion, (ECF 169); and 
WHEREAS, in a letter filed on October 13, 2023, Plaintiff 
sought to withdraw her motion for judgment on the pleadings and 
“convert it to [a] Rule 56 motion for summary judgment,” (ECF 
174); and 
WHEREAS, the Court agrees with Plaintiff that this matter 
is ripe for summary-judgment motion practice as opposed to her 
earlier-filed motion for judgment on the pleadings, see, e.g., 
Guerriero v. Sanford L.P., No. 12-5246, 2016 WL 4157310, at *2 
(D.N.J. Aug. 2, 2016) (“It is a summary judgment motion, not a 
Rule 12(c) motion, that ordinarily should be brought at the 
close of discovery.”); and 
WHEREAS, the Court held a hearing on the pending motions on 
December 5, 2023, (ECF 181), during which it provided the 
parties with an opportunity to supplement the record as to 
Plaintiff’s motion for sanctions and the Court intends to 
withhold ruling on that motion until such filings are made; and 
WHEREAS, during the December 5, 2023 hearing, the Court 
further set forth schedules within which the parties may file 
motions for summary judgment; and 
WHEREAS, the Court interprets Plaintiff’s October 13, 2023 
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letter, (ECF 174), as a formal withdrawal of her motion for 
judgment on the pleadings and her statements during the December 
5, 2023 hearing as expressing her intent to file a motion for 
summary judgment within the time provided; and 
WHEREAS, in light of Plaintiff’s withdrawal of the 
underling motion for judgment on the pleadings, the Court finds 
the motion to stay to be moot. 
 THEREFORE,  
 IT IS HEREBY on this  19th    day of   December  , 2023 
ORDERED that Plaintiff’s motion for judgment on the 
pleadings, (ECF 144), shall be marked WITHDRAWN in accordance 
with her October 13, 2023 letter, (ECF 174), and the Clerk shall 
un-gavel the motion, and it is further 
ORDERED that in light of Plaintiff’s withdrawal of her 
motion for judgment on the pleadings, Plaintiff’s motion to stay 
consideration of that motion, (ECF 169), be, and the same hereby 
is, DENIED AS MOOT. 
 
        s/ Noel L. Hillman  
At Camden, New Jersey   NOEL L. HILLMAN, U.S.D.J. 
 
 
 
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