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Sunkett v. Misci

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


January 24, 2002

GOLDEN SUNKETT; LLOYD HENDERSON; THEO PRIMAS; CALVIN L. FISHER, JR.; LISA ROBERTS TAYLOR; AND CAROLYN CLARKE, PLAINTIFFS
v.
JOHN A. MISCI, JR.; MARC RIONDINO; STEVEN BUIVIDAS; MILTON MILAN; THE CITY OF CAMDEN; DENNIS KILLE, CAMDEN CITY ATTORNEY; AND GWENDOLYN FAISON, MAYOR, CITY OF CAMDEN, DEFENDANTS

The opinion of the court was delivered by: Stephen M. Orlofsky

ORDER

This matter having come before the Court on the Motions of Defendants, John A. Misci, Jr., Marc Riondino, Steven Buividas, Milton Milan, and the City of Camden, for Summary Judgment, pursuant to Fed. R. Civ. P. 56, and to Strike, pursuant to Fed. R. Civ. P. 37, Mike D. Jones, Esq., Charles A. Ercole, Esq., Klehr, Harrison, Harvey, Branzburg & Ellers LLP, appearing on behalf of Defendants, John A. Misci, Jr., Marc Riondino, Steven Buividas, and Milton Milan; Rocky L. Peterson, Esq., Dakar R. Ross, Esq., Susan E. Inverso, Esq., Hill Wallack, appearing on behalf of Defendant City of Camden; and Gregg L. Zeff, Esq., Mark B. Frost, Esq., Frost & Zeff, appearing on behalf of Plaintiffs, Golden Sunkett, Lloyd Henderson, Theo Primas, Calvin L. Fisher, Jr., Lisa Roberts Taylor, and Carolyn Clarke; and,

The Court having considered the papers submitted by counsel for Defendants in support of the motions and the papers submitted by counsel for Plaintiffs in opposition;

IT IS, on this 24th day of January, 2002, hereby ORDERED that:

1. The Motions of Defendants, John A. Misci, Jr., Marc Riondino, Steven Buividas, Milton Milan, and the City of Camden, to Strike, pursuant to Fed. R. Civ. P. 36, are DENIED; and,

2. The Motions of Defendants, John A. Misci, Jr., Marc Riondino, Steven Buividas, Milton Milan, and the City of Camden, for Summary Judgment, pursuant to Fed. R. Civ. P. 56, are GRANTED IN PART and DENIED IN PART; and,

3. The Motion of Defendant, Steven Buividas, for Summary Judgment, is GRANTED in its entirety; and,

4. The Motions of Defendants, John A. Misci, Jr., Marc Riondino, Milton Milan, and the City of Camden, for Summary Judgment, are GRANTED as to all claims by Plaintiff, Carolyn Clarke; and,

5. The Motions of Defendants, John A. Misci, Jr., Marc Riondino, Milton Milan, and the City of Camden, for Summary Judgment, are GRANTED as to all of the claims by the Plaintiffs, Golden Sunkett, Lloyd Henderson, Theo Primas, Calvin L. Fisher, Jr., and Lisa Roberts Taylor, for race and age discrimination, as set forth in Counts III, VI, VII, VIII, X, and XII of the Second Amended Complaint; and,

6. The Motions of Defendants, John A. Misci, Jr., Marc Riondino, Milton Milan, and the City of Camden, for Summary Judgment, are GRANTED as to all of the claims by the Plaintiffs, Golden Sunkett, Lloyd Henderson, Theo Primas, Calvin L. Fisher, Jr., and Lisa Roberts Taylor, for violations of the Due Process Clause, as set forth in Count II of the Second Amended Complaint; and,

7. The Motions of Defendants, John A. Misci, Jr., Marc Riondino, Milton Milan, and the City of Camden, for Summary Judgment, are GRANTED as to all of the claims by the Plaintiffs, Golden Sunkett, Lloyd Henderson, Theo Primas, Calvin L. Fisher, Jr., and Lisa Roberts Taylor, for violations of 42 U.S.C. § 1985(3), as set forth in Count IV of the Second Amended Complaint; and,

8. The Motions of Defendants, John A. Misci, Jr., Marc Riondino, Milton Milan, and the City of Camden, for Summary Judgment, are GRANTED as to all of the claims by the Plaintiff, Lloyd Henderson, for violations of his rights to free speech under the Constitutions of the United States and New Jersey, as set forth in Counts I and VIII of the Second Amended Complaint, and for unlawful retaliation under the CEPA and NJLAD, as set forth in Counts VII and IX of the Second Amended Complaint; and,

9. The Motions of Defendants, John A. Misci, Jr., Marc Riondino, Milton Milan, and the City of Camden, for Summary Judgment, are GRANTED as to all of the claims by the Plaintiffs, Golden Sunkett, Calvin Fisher, and Lisa Roberts Taylor, for unlawful retaliation under the NJLAD, as set forth in Count VII of the Second Amended Complaint; and,

10. The Motions of Defendants, John A. Misci, Jr., Marc Riondino, Milton Milan, and the City of Camden, for Summary Judgment, are GRANTED as to all of the free speech claims by the Plaintiff, Clavin Fisher, stemming from the Horta incident, as set forth in Counts I and VIII of the Second Amended Complaint; and,

11. The Motions of Defendants, John A. Misci, Jr., Marc Riondino, Milton Milan, and the City of Camden, for Summary Judgment, are GRANTED as to so much of the free speech, CEPA, and NJLAD unlawful retaliation claims by Plaintiffs, Golden Sunkett and Theo Primas, as depend upon any adverse act other than the Defendants' failure to grant Plaintiffs a pay raise in 1999; and,

12. The Motions of Defendants, Marc Riondino and Milton Milan, for Summary Judgment, are GRANTED as to the free speech and CEPA claims by Plaintiff, Golden Sunkett, as set forth in Counts I, VIII, and IX of the Second Amended Complaint; and,

13. The Motions of Defendant, Marc Riondino, for Summary Judgment are GRANTED as to the free speech, CEPA, and NJLAD unlawful retaliation claims by Plaintiff, Theo Primas, as set forth in Counts I, VII, VIII, and IX of the Second Amended Complaint; and,

14. The Motions of Defendants, John A. Misci, Jr., Marc Riondino, Milton Milan, and the City of Camden, for Summary Judgment, are GRANTED as to so much of Plaintiff, Lisa Roberts Taylor's, CEPA claims as depend upon any adverse act other than the Defendants' failure to grant Plaintiff, Lisa Roberts Taylor, a pay raise in 1999; and,

15. The Motion of Defendant, Milton Milan, for Summary Judgment is GRANTED as to the free speech and CEPA claims of Plaintiff, Lisa Roberts Taylor, as set forth in Counts I, VIII, and IX of the Second Amended Complaint; and,

16. The Motion of Defendant, Marc Riondino, for Summary Judgment, is GRANTED as to the claim of Plaintiff, Lisa Roberts Taylor, that he was liable for causing her to miss out on a pay increase in 1999, in violation of her free speech and CEPA rights, as set forth in Counts I, VIII, and IX of the Second Amended Complaint; and,

17. The Motions of Defendants, John A. Misci, Jr., Marc Riondino, Milton Milan, and the City of Camden, for Summary Judgment, are GRANTED as to the civil conspiracy claims of Plaintiffs, Golden Sunkett, Lloyd Henderson, Theo Primas, and Calvin L. Fisher, as set forth in Count V of the Second Amended Complaint; and,

18. The Motions of Defendants, Milton Milan and the City of Camden, for Summary Judgment, are GRANTED as to the civil conspiracy claims of Plaintiff, Lisa Roberts Taylor, as set forth in Count V of the Second Amended Complaint; and,

19. The Motions of Defendants, John A. Misci, Jr., and Marc Riondino, for Summary Judgment, are GRANTED as to all of the civil conspiracy claim of Plaintiff, Lisa Roberts Taylor, except that part alleging that they conspired together to deprive her of their society, in violation of her right to free speech; and,

20. The Motions of Defendants, John A. Misci, Jr., Marc Riondino, Milton Milan, and the City of Camden, for Summary Judgment, are GRANTED as to the claims by Plaintiffs, Golden Sunkett, Lloyd Henderson, Theo Primas, Calvin L. Fisher, Jr., and Lisa Roberts Taylor, for unlawful retaliation under Title VII and the ADEA, as set forth in Counts XI and XIII of the Second Amended Compaint; and,

21. The Motions of Defendants, John A. Misci, Jr., Marc Riondino, Milton Milan, and the City of Camden, for Summary Judgment, are DENIED in all other respects.

STEPHEN M. ORLOFSKY United States District Judge

20020124

© 2002 VersusLaw Inc.



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