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Rudolph v. Adamar of New Jersey

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


July 31, 2001

JOHN D. RUDOLPH, ON BEHALF OF HIMSELF AND ALL SIMILARLY SITUATED PERSONS, PLAINTIFFS,
v.
ADAMAR OF NEW JERSEY, INC., D/B/A TROPICANA CASINO AND RESORT, DEFENDANT/ THIRD-PARTY PLAINTIFF,
v.
THE STATE OF NEW JERSEY, DONALD T. DIFRANCESCO, ACTING GOVERNOR OF THE STATE OF NEW JERSEY, JOHN J. FARMER, JR., ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, JAMES R. HURLEY, CHAIRPERSON OF THE NEW JERSEY CASINO CONTROL COMMISSION, THIRD PARTY DEFENDANTS.

The opinion of the court was delivered by: Stephen M. Orlofsky United States District Judge

HON. STEPHEN M. ORLOFSKY

ORDER

This matter having come before the Court on the motion of Third-Party Defendants, the State of New Jersey, Donald T. DiFrancesco, the Acting Governor of New Jersey, and John J. Farmer, Jr., Esq., Attorney General of New Jersey(together, "State Defendants"), to dismiss portions of the Plaintiff's Rule 14(a) Complaint and portions of the Defendant/Third-Party Plaintiff's Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), John J. Farmer, Esq., Attorney General and Mark T. Holmes, Esq., Deputy Attorney General, appearing for the State Defendants, and the motion of Third-Party Defendant, James R. Hurley, Commissioner, New Jersey Casino Control Commission, to dismiss portions of Plaintiff's Rule 14(a) Complaint and Defendant/Third-Party Plaintiff's Complaint, pursuant to Federal Rule of Civil Procedure 12(b)(1), John R. Zimmerman, Esq. and David C. Missimir, Esq., appearing on behalf of Commissioner Hurley, Louis R. Moffa, Esq. and Jerry L. Tanenbaum, Esq., Schnader Harrison Segal & Lewis LLP, appearing on behalf of Defendant/Third-Party Plaintiff, Adamar of New Jersey, Inc., d/b/a/ Tropicana, and Stephen G. Console, Esq. and Deborah Hart Simon, Esq., appearing on behalf of Plaintiff, John D. Rudolph; and,

The Court having considered the papers submitted in support of the application by counsel for the State Defendants and counsel for Commissioner Hurley, and the papers submitted in opposition by counsel for Third-Party Plaintiff, Tropicana and counsel for Plaintiff, Rudolph;

For the reasons set forth opinion filed today, IT IS, on this 31st of July, 2001, hereby ORDERED that:

1. The State Defendants' motion to dismiss all claims brought by Plaintiff, Rudolph, and Defendant/Third-Party Plaintiff, Tropicana, against the State of New Jersey is GRANTED; and,

2. The State Defendants' motion to dismiss Tropicana's claim for contribution, indemnification, and/or statutory relief pursuant to 42 U.S.C. § 1988, for any attorneys' fees Plaintiff is awarded against Tropicana, is GRANTED; and,

3. The State Defendants' motion to dismiss all claims brought by Tropicana and Rudolph for damages based on alleged violations of the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1. et seq., is GRANTED; and,

4. Commissioner Hurley's motion to dismiss all claims brought against him in his official capacity as Commissioner of the New Jersey Casino Control Commission, except claims for prospective, injunctive relief, is GRANTED.

20010731

© 2001 VersusLaw Inc.



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