LUCAS v. TOWNSHIP OF JEFFERSON et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
(973) 776-7700
CHAMBERS OF
JAMES B. CLARK, III
UNITED STATES MAGISTRATE JUDGE
U.S. COURTHOUSE
50 WALNUT STREET, ROOM 2060
NEWARK, NJ 07102
October 13, 2026
LETTER ORDER
Re: Lucas v. Township of Jefferson, et al.
Civil Action No. 26-9441 (MCA)
Dear Mr. Lucas and Counsel,
On August 26, 2026, this Court issued an Order setting the deadline for the filing of any
motions to dismiss by Defendants for September 25, 2026. See Dkt. No. 9. On September 21,
2026, upon request by the Jefferson Defendants dated September 17, 2026 and for good cause
shown, the Court extended the deadline for the filing of any motions to dismiss to October 9, 2026.
Dkt. No. 24. Thereafter, counsel for Defendants Johnathan Dikun and Dikun Enterprises (the
“Dikun Defendants”) entered a notice of appearance on the docket. Dkt. No. 29. On October 7,
2026, before expiration of the Court-ordered deadline for the filing of any dismissal motions, both
the Jefferson Defendants and the Dikun Defendants filed letters to the Court requesting an
extension until October 23, 2026 to file their motion to dismiss. The Jefferson Defendants
articulated that “conflicting personal and work obligations,” including an upcoming trial in another
case, would prevent them from filing their motion to dismiss by the October 9, 2026 deadline. See
Dkt. No. 36. Counsel for the Dikun Defendants stated that she was recently retained and likewise
faced conflicting case deadlines that would prevent filing of the Dikun Defendants motion to
dismiss by October 9, 2026. See Dkt. No. 38. Therefore, for good cause shown, the Court
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extended Defendants’ deadline until October 23, 2026 to file their motions to dismiss. Dkt. Nos.
37, 45.
Accordingly, in light of the foregoing, the Court orders as follows:
1. The Clerk’s Entry of Default as to Defendant Jonathan Dikun dated October 2, 2026 is
herewith VACATED as premature. Should the Dikun Defendants fail to file their motion
to dismiss (which serves as their responsive pleading) by the prescribed October 23, 2026
deadline, only then may Plaintiff renew his request for Clerk’s Entry of Default as to the
Dikun Defendants. Until then, Plaintiff shall refrain from making any further requests for
the entry of default and shall also refrain from filing any motions for default judgment as
to the Dikun Defendants.
2. For the reasons expressed in Paragraph 1 above, Plaintiff’s motions for default judgment
against the Dikun Defendants [Dkt. Nos. 39, 42, and 44] are DENIED without prejudice.
3. Plaintiff’s motion to strike the Dikun Defendants’ notice of appearance [Dkt. No. 31] is
DENIED.
4. Plaintiff’s motion to enforce the original deadline for the filing of Defendants’ motions to
dismiss, Plainiff’s motion to strike Defendants’ extension requests, and Plaintiff’s motion
to vacate the Court’s October 7, 2026 Order [Dkt. Nos. 40, 41, 43] are DENIED, since the
Court’s two extensions of Defendants’ deadline to file a motion to dismiss were granted
for good cause shown and such extensions do not constitute undue prejudice to Plaintiff
who has been given a corresponding extension of his time to file oppositions to any motions
to dismiss by Defendants as set forth in Paragraph 6 below.
5. Plaintiff’s motions to strike “any anticipated responsive pleadings, [] answers, or defensive
filings” [Dkt. Nos. 46, 50] are DENIED.
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6. Out of an abundance of caution, the Court further clarifies that any motions to dismiss by
Defendants shall be filed and responded to in accordance with the below schedule:
a. Any motions to dismiss shall be filed by October 23, 2026.
b. Plaintiff shall have until November 20, 2026 to file his oppositions to any motions
to dismiss and may do so in an omnibus fashion.
c. Defendants shall file any replies thereto by December 4, 2026.
IT IS SO ORDERED.
s/ James B. Clark, III
JAMES B. CLARK, III
United States Magistrate Judge
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