Order — Wax v. Cross River Bank (Dkt. 42)
Summary
In Wax v. Cross River Bank, Civil Action No. 24-9510, District Judge Esther Salas rules on Defendant Cross River Bank's motion to dismiss the Complaint of Lead Plaintiff Mitchell Wax. The order grants the motion in full and dismisses the Complaint without prejudice, stating that an Opinion is to follow. It allows Plaintiff to file a second amended complaint that cures the deficiencies noted in the Opinion within thirty days of the issuance of that Opinion. It directs the Clerk of Court to terminate docket entry number 39.
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“Order — Wax v. Cross River Bank (Dkt. 42).”
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Case 2:24-cv-09510-ES-JRA Document 42 Filed 03/31/26 Page 1 of 2 PageID: 1461
Not for Publication
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
MITCHELL WAX,
Plaintiff,
Civil Action No. 24-9510 (ES) (JRA)
v.
ORDER
CROSS RIVER BANK,
Defendant.
SALAS, DISTRICT JUDGE
Before the Court is Defendant Cross River Bank’s (“CRB” or “Defendant”) motion to
dismiss Lead Plaintiff Mitchell Wax’s (“Plaintiff”) Complaint (D.E. No. 1 (“Complaint” or
“Compl.”)). (D.E. No. 39 (“Motion to Dismiss” or “Mot.”)). Having carefully considered the
parties’ submissions in support of and in opposition to the Motion, the Court decides Defendant’s
Motion without oral argument. See Fed. R. Civ. P. 78(b); L. Civ. R. 78.1(b). For the reasons set
forth in the Court’s Opinion to follow,
IT IS on this 31st day of March 2026,
ORDERED that Defendant’s Motion is GRANTED in full; and it is further
ORDERED that Plaintiff’s Complaint (D.E. No. 1) is DISMISSED without prejudice;
and it is further
ORDERED that Plaintiff may file a second amended complaint that cures the deficiencies
noted in the Court’s Opinion to follow within thirty days of the issuance of the Court’s
forthcoming Opinion; and it is further
ORDERED that the Clerk of Court shall TERMINATE docket entry number 39.
Case 2:24-cv-09510-ES-JRA Document 42 Filed 03/31/26 Page 2 of 2 PageID: 1462
s/ Esther Salas
Esther Salas, U.S.D.J.
2
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