Gattuso v. New Jersey Department of Human Services

OPINION

SIMANDLE, Chief Judge:

I. INTRODUCTION

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)(6). Plaintiffs in this matter are Mark J. Gattuso, Sr. and Margaret C. Gattuso, who bring claims on behalf of their non-competent adult child Joseph C. Gattuso, and on their own behalf for…