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NICHOLS v. SIVILLI

Civ. No. 2:14-3821 (WJM).

PAUL NICHOLS, Plaintiff, v. NANCY SIVILLI (in her official capacity), and ESSEX COUNTY SUPERIOR COURT, Defendants.

United States District Court, D. New Jersey.

December 19, 2014.

Attorney(s) appearing for the Case

PAUL NICHOLS, Plaintiff, represented by PAUL ALEXANDER CLARK , CLARK LEGAL SERVICES.

STATE OF NEW JERSEY, Defendant, represented by DANIEL JAMES KELLY , STATE OF NEW JERSEY.

MICHELLE M. SMITH, (in her official capacity as Clerk Superior Court of New Jersey), Defendant, represented by DANIEL JAMES KELLY , STATE OF NEW JERSEY.

SALLYANNE FLORIA, (in her official capacity as Presiding Judge Chancery Div., Family Part, Essex County), Defendant, represented by DANIEL JAMES KELLY , STATE OF NEW JERSEY.

Nancy Sivilli, Defendant, represented by ERIC SCOTT PASTERNACK , STATE OF NEW JERSEY.

OPINION

WILLIAM J. MARTINI, District Judge.

Pursuant to 42 U.S.C. § 1983 and the Declaratory Judgment Act, Bergen County Dispatch Reporter Paul Nichols brings this First Amendment challenge to a gag order issued by Essex County Superior Court Judge Nancy Sivilli.Before the Court is Defendants' motion to dismiss pursuant to FED.R.CIV.P 12(b)(1) and 12(b)(6).For the reasons set forth below, Defendants' motion is GRANTED IN PART and

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