This matter having come before the Court on the motion of Plaintiff, Mary Osgood, on behalf of herself and all similarly situated persons, for class certification, pursuant to Fed. R. Civ. P. 23, Stephen G. Console, Esq., Console Law Offices, LLC, and Deborah Hart Simon, Esq., Mager & White, P.C., appearing on behalf of the Plaintiff and the plaintiff class and Russell L. Lichtenstein, Esq., Cooper Perskie April Niedelman Wagenheim & Levenson, P.A., appearing on behalf of Defendants, Harrah's Entertainment, Inc., d/b/a Harrah's Atlantic City, Inc., Marina Associates, Inc., and Marina Associates, d/b/a Harrah's Casino Hotel Atlantic City; and,
The Court having considered the papers submitted in support of the motion for class certification by counsel for the Plaintiff and the papers submitted by counsel for the Defendants in opposition thereto, as well as the oral argument of counsel;
For the reasons set forth in the Opinion filed concurrently with this Order, IT IS, on this 22nd day of August, 2001, hereby ORDERED that:
1. The following class, to be represented by Osgood, is certified pursuant to Fed. R. Civ. P. 23(b):
All Caucasian employees of Harrah's and job applicants to Harrah's, between 1998 and the present, who claim that they were denied employment opportunities or suffered adverse employment decisions at Harrah's on the basis of race, due to Harrah's EEBOP and the affirmative action policies adopted to implement the EEBOP, and who seek declaratory and injunctive relief under 42 U.S.C. §§ 1981, 1983 and the NJLAD;
1. Plaintiff's motion for class certification on the issues of individual and class damages, pursuant to a "hybrid" combination of Fed. R. Civ. P. 23(b)(2) and 23(b)(3), shall be DENIED.
STEPHEN M. ORLOFSKY United States District Judge