Civil No. 11-5763 (JBS/AMD).

881 F.Supp.2d 639 (2012)

Mark J. GATTUSO, Sr., et al., Plaintiffs, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, et al., Defendants.

United States District Court, D. New Jersey.

July 25, 2012.

Attorney(s) appearing for the Case

Mark J. Gattuso, Sr., Margaret C. Gattuso, Lindenwold, NJ, for Plaintiffs pro se and as guardians of Joseph C. Gattuso, Non-Competent Adult Child.

Jeffrey S. Chiesa , Attorney General of New Jersey, by: Molly Ann Moynihan , Deputy Attorney General, Richard J. Hughes Justice Complex, Trenton, NJ, for Defendants New Jersey Department of Human, Services and New Jersey Division of Disability Services.


SIMANDLE, Chief Judge:


This case is before the Court on the motion of Defendants New Jersey Department of Human Services ("DHS") and Division of Disability Services ("DDS")1 to dismiss the action for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1) or, in the alternative, for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b...

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