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Rieger v. Township of Fairfield

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


December 1, 2003

PEARL M. RIEGER, PLAINTIFF,
v.
TOWNSHIP OF FAIRFIELD, A. CRAIG THOMAS, VIOLA THOMAS, MARVIN R. PIERCE, AND JOSE VELEZ, DEFENDANTS.

The opinion of the court was delivered by: Irenas, Senior District Judge

ORDER (1) GRANTING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT, (2) DENYING PLAINTIFF'S MOTIONS FOR SUMMARY JUDGMENT AND (3) DISMISSING PLAINTIFF'S REMAINING CLAIMS WITHOUT PREJUDICE

This matter having come before the Court on the Cross-Motions of Plaintiff, Pearl M. Rieger, for Summary Judgment, pursuant to Fed. R. Civ. P. 56, William J. Martin, Esq., MARTIN, GUNN & MARTIN, appearing on behalf of Plaintiff, and of Defendants, the Township of Fairfield, A. Craig Thomas, Viola Thomas, Marvin R. Pierce and Jose Velez, Phillip G. George, Esq., ERIC M. BERNSTEIN & ASSOCIATES, L.L.C., appearing on behalf of Defendants; and,

The Court having considered the submissions of the parties;

For the reasons set forth in the Opinion filed concurrently with this Order;

IT IS, on this 1st day of December, 2003, hereby ORDERED that:

1. The Motion of Defendants, the Township of Fairfield, A. Craig Thomas, Viola Thomas, Marvin R. Pierce and Jose Velez, for Summary Judgment on all Plaintiff's federal claims, is GRANTED; and

2. Defendant's motion for summary judgment on Plaintiff's state law claims to (i) a tenure right to continue as municipal clerk of Fairfield Township, (ii) a right to serve the more than six months remaining on her three year term, and (iii) the right to reappointment at the expiration of her three year term is GRANTED; and

3. Plaintiff's motion for summary judgment is DENIED; and

4. Plaintiff's state law claims based on the N.J.L.A.D. and on an implied contract (Wooley v. Hoffman-La Roche) are DISMISSED WITHOUT PREJUDICE.

JOSEPH E. IRENAS Senior United States District Judge

20031201

© 1992-2003 VersusLaw Inc.



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