United States District Court, District of New Jersey
April 29, 2003
UNITED STATES OF AMERICA EX REL. THE FOUNDATION FOR FAIR CONTRACTING, LTD., PLAINTIFF,
G&M EASTERN CONTRACTING, INC. AND DOUBLE E, LLC, DEFENDANTS
The opinion of the court was delivered by: Jerome B. Simandle, United States District Judge
THIS MATTER having come before the Court upon defendant G&M Eastern Contracting's motion for summary judgment on plaintiff's Amended Complaint, and plaintiff Foundation for Fair Contracting's cross-motion for partial summary judgment declaring that G&M Eastern Contracting and Double E, LLC misclassified their employees; and the Court having considered the parties's submissions, including the affidavits of George Sariotis, Thomas St. John, and Christina Tinsley, and the supplemental briefing of Thomas Hirsch, Esquire dated March 27, 2003, and of Steven Berkowitz, Esquire, dated April 4, 2003; and the Court having heard oral argument on March 12, 2003; and for the reasons stated in the Court's Opinion of today's date; and for good cause shown;
IT IS on this 29th day of April, 2003, hereby
ORDERED that defendant G&M Eastern's motion for summary judgment [Docket Items 24-1, 25-1] be, and hereby is, GRANTED, and plaintiff's Amended Complaint is hereby DISMISSED for lack of subject matter jurisdiction; and
IT IS FURTHER ORDERED that plaintiff Foundation for Fair Housing's cross-motion for partial summary judgment for an order declaring defendant G&M Eastern Contracting misclassified its workers be, and hereby is, DENIED; and
IT IS FURTHER ORDERED that, this Court lacking subject matter jurisdiction over the claim against Double E, the Amended Complaint against Double E is DISMISSED.
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