You are on page 1of 18
Appendix XII-B1 5-hAT CIVIL CASE INFORMATION STATEMENT PAYMENTTYPE: LICK Joa (cls) Ors A BUD Use for intial Law Division a = Civil Part pleadings (not motions) under Rule 4:6-1 250. Pleading will be rejected for fling, under Rule 1:6-6(c), [OveR=ArmaNT information above the black bar is not completed or attorney’s signature is not affixed BATON NUMBER TFTORNEY PROSE WANE TELEPIONE NUNRER ] COUNTY OF VENUE Gregory B. Noble, Esq (208) 928-9200 Cemden TRIANAE (oppato DOCKET MER pan yan O'Connor, Parsons, Lane & Noble, LLC UES OFRGEADORESS BOGuMENT PE 435 East Broad Street Complaint Wiestetd, Now Jersey 07080 JuRYDEMAND VAC No NAME OF PARTY (e.g, John Doo, Plaintif ‘CAPTION. Eleazar Andres (plaintiff) Andres v. TNGC Pine Hill, LLC CASE TYPE NUMBER HURRIGANE SANDY everse side forlsting) | RELATED? IS THIS APROFESSIONAL MALPRACTICE CASE? ves tno 618 C1 Yes BI NO | ir YOUHAVE CHECKED "YES," SEE N4J.S.A. 24:59 A.27 AND APPLICABLE CASE LAW REGARDING YOUR OBLIGATION TO FILE AN AFFIDAVIT OF MERIT. =D CASES PENDING? IF YES, LIST DOGKET NUMBERS, O yes Bi No DO YOU ANTICIPATE ADDING ANY PARTIES NAME OF DEFENDANT'S PRIMARY INSURANGE COMPANY (known) {asing out of same transaction or occurrence)? D1 None O ves No 1 Uninown PNRM eo ake ue tone etes (CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION, ‘DO PARTIES HAVE A CURRENT, PASTOR TE YES, IS THAT RELATIONSHIP RECURRENT RELATIONSHIP? B eurtoverseurvovee Cl Fresomercteor 1) onter(erlai) Yes OW O Fama 1B Business DOES TH STATUTE GOVERNING THIS GASE PROVIDE FOR PAYMENT OF FEES BY THE LOSING PARI es. ONO—. {SE THS SPACE TOALERT THE COURT TO ANY SPECIAL CASE GHARACTERISTIOS THAT MAY WARRANT NDIVIDUALIANAGEMENT OF ACCELERATED DISPOSITION SR RT TEST | FE REST Gow ae Oe EN | certify that confidential personal sone Oe in redacted from documents now submitted to the court, and will be redacted from all documents submittegtn in accordance with Rule 138-70). ATTORNEY SIGNATURE: Effective 09-19-2013, CN "% Gis page 10f2 CIVIL CASE INFORMATION STATEMENT (cls) Use for initial pleadings (not motions) under Rule 4:5-1 CASE TYPES (Choose one and enter number of case type in appropriate space on the reverse side.) Track! - 150 days' discovery 151 NAME CHANGE 475 FORFEITURE 302 TENANCY 399. REAL PROPERTY (other than Tenancy, Contract, Condemnation, Complex Commercial or Gonetruction) 502 BOOK ACCOUNT (debt collection matters ony) 505 OTHER INSURANCE CLAIM (Including decarator judgment actions) 508 PIP COVERAGE, 510 UM or UIM CLAIM (coverage sues only) 51 ACTION ON NEGOTIABLE INSTRUMENT 512 LEMON LAW 801 SUMMARY ACTION 802 OPEN PUBLIC RECORDS ACT (summary ation) 999 OTHER (bro describe nature of action) Track! - 300 days’ discovery 305 CONSTRUCTION 508 EMPLOYMENT (other than CEPA or LAD) 599 CONTRACTICOMMERCIAL TRANSACTION {6031 AUTO NEGLIGENCE - PERSONAL INJURY (non-verbal threshold) {608 AUTO NEGLIGENCE — PERSONAL INJURY (verbal treshol) (805. PERSONAL INJURY 810 AUTO NEGLIGENCE — PROPERTY DAMAGE {621 UM or UIM CLAIM (ricudes bos inury) 699 TORT-OTHER Track ll - 450 days’ discovery 005 CIVILRIGHTS 301 CONDEMNATION 602 ASSAULT AND BATTERY 608 MEDICAL MALPRACTICE 606 PRODUCT LiAaILITy 607 PROFESSIONAL MALPRACTICE 08 TOXIc TORT 608 DEFAMATION 616 WHISTLEBLOWER / CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASES 617 INVERSE CONDEMNATION 618 LAW AGAINST DISCRIMINATION (LAD) CASES ‘Track IV ~ Active Case Management by Individual Judge / 450 days" discovery 458 ENVIRONMENTALENVIRONMENTAL COVERAGE LITIGATION 303. MT. LAUREL. 508 COMPLEX COMMERCIAL 513 COMPLEX CONSTRUCTION 514 INSURANCE FRAUD 620 FALSE CLAIMS ACT 701 ACTIONS IN LIEU OF PREROGATIVE WRITS Multicounty Litigation (Track 1V) 350 HORMONE REPLACEMENT THERAPY (HRT) 288. PRUDENTIA, TORT LITIGATION 211 AGCUTANENSOTRETINOIN REGLAN 274 RISPERDALISEROQUELIZYPREXA, 220 POMPTON LAKES ENVIRONMENTAL LITIGATION 278 ZOMETNAREDIA, 201 PELVIC MESHIGYNECARE. 279. GADOLINIUM 282 PELVIC MESHIBARO 281 BRISTOL-MYERS SQUIBB ENVIRONMENTAL 253 DEPUY ASR HIP IMPLANT LITIGATION. 282 FOSAMAX 295 ALLODERM REGENERATIVE TISSUE MATRIX 286 NUVARING 296 STRYKER REJUVENATEIARG II MODULAR HIP STEM COMPONENTS 285 STRYKER TRIDENT MIP IMPLANTS 287 MIRENA CONTRACEPTIVE DEVICE 286 LEVAQUIN 601 ASBESTOS 267 YRZIYASMINIOCELLA 623 PROPECIA you beliove this ease requires a track other than that provided above, please indicate the reason on Side 1, Inthe space under "Case Characteristics, Please check off each applicable category [] Putative Class Action [1] Title 59 Effective 08-19-2013, CN 10517-English page 2 of 2 O'CONNOR, PARSONS, LANE, & NOBLE, LLC 435 E. Broad Street Westfield, New Jersey 07090 (908) 928-9200 Attorneys for Plaintiff ELEAZAR ANDRES, SUPERIOR COURT OF NEW JERSEY, LAW DIVISION — CAMDEN COUNTY, Plaintiff, | DOCKET NO.: L [P3347 v. Civil Action “x re NGC PINE HILL LLC; JANE DOE |-V (these names being fictitious as their, present identities are unknown); JOHN DOE I-V (these names being fictitious as ! their present identities are unknown); XYZ CORPORATION I-V (these names being fictitious as their prigent identities are unknown) COMPLAINT AND JURY DEMAND Defendants. FACTUAL ALLEGATIONS COMMON TO ALL COUNTS 1. Plaintiff, Eleazar Andres ("plaintiff or “Mr. Andres"), resides at ll ED 2:1: 2t all times relevant hereto was employed by defendant 2. Defendant, TNGC Pine Hill LLC (“Trump" or the “Company’), is a business with the principal business address of 500 West Branch Ave., Pine Hil, New Jersey 08021, which had the plaintiff in its employ during the relevant time periods herein. 3. Atall times relevant hereto, the defendants Jane Doe I-V and John Doe -V are fictitious names used to identify those individuals which names are presently unknown that engaged in wrongful acts outlined herein and their identities are presently unknown. 4. Atall times relevant hereto, the defendants XYZ Corporation I-V are fictitious names used to identify those corporations which names are presently unknown but include corporations incorporated under the laws of the State of New Jersey and/or other states and had in plaintiff under their employ. 5. Mr. Andres is a homosexual male. 6. Mr. Andres commenced employment with Trump in or about April 2014, 7. During his time with the Company, Mr. Andres served as a maintenance worker at the Trump National Golf Club in Pine Hill, New Jersey. 8. Soon after commencing employment with Trump, Mr. Andres came out to his co-workers as gay. 9. Following this revelation, Mr. Andres became the target of intense harassment based upon his sexual orientation. 10. For instance, Mr. Andres was regularly referred to as “maricon,” “faggot” and “fag” by his co-workers. 114. Furthermore, objects such as golf balls and rocks were routinely thrown at him. 12. On several occasions Mr. Andres’ direct supervisor ‘Jimmy’ witnessed these attacks and harassment. Furthermore, Mr. Andres lodged several complaints with his supervisor regarding same. However, nothing was done to remediate the hostile situation. 43. On or about May 21, 2014, Mr. Andres was eating lunch when several of his co-worker harassers walked by and shouted derogatory names at him. Thereafter, these individuals threw several rocks at Mr. Andres, including one that hit him in the head and caused a gash 14, Based upon this attack and due to the fact that he required medical treatment, Mr. Andres was sent home for the day and immediately went to the hospital. 15. On or about May 22, 2014, Mr. Andres returned to work and spoke with “Eric,” one of the golf course's managers, 16. During the course of this conversation, “Eric” indicated to plaintiff that if the attacks continued, they would be taken care of. Furthermore, although Mr. Andres insisted that he needed information regarding the harassers to file a police report, “Eric” refused to provide same. 17. Based upon the fact that Mr. Andres continued to fear for his safety and felt that management was not doing enough to address his claims of harassment and discrimination, Mr. Andres called out sick from work on or about May 23, 2014 and filed a police report. 18. Thereafter, and after reconfirming with management that he did not feel safe returning to work, Mr. Andres’ employment with the Company was terminated on or about May 28, 2014. FIRST COUNT New Jersey Law Against Discrimination Hostile Work Environment Sexual Orientation/Perceived Sexual Orientation Harassment and/or Sexual Harassment 19. Plaintiff repeats and realleges each and every allegation of the within paragraphs of this Complaint as if set forth at length herein 20. Pursuant to the New Jersey Law Against Discrimination, N.J.S.A, 10:5- 1, et sea. (‘LAD’), defendants are liable for the acts constituting hostile work environment/ sexual orientation harassment and/or sexual harassment created by the defendants’ employees and/or supervisors. 21. Asset forth herein, defendants created and perpetuated a severe and pervasive work environment based upon incidents wherein Mr. Andres was subjected to repeated incidents of harassment by co-workers, including, but not limited to, inappropriate communications, disturbing sexual insults and physical assault and battery, based upon plaintiff's sexual orientation and/or perceived sexual orientation, 22. Furthermore, defendants failed to properly address Mr. Andres’ claims of sexual orientation harassment and/or sexual harassment by his co-workers by making an insufficient investigation, taking no action to prevent same and eventually terminating plaintiff's employment. 23. Defendant failed to implement any preventative or remedial measures to protect against unlawful harassment, and discrimination, including, but not limited to: (a) _ failure to adequately train supervisory personnel, including upper-level managers, supervisors and employees; (b) failure to institute or implement effective policies or procedures regarding gender harassment and the reporting and investigation of complaints of same; (0) failure to adequately monitor or supervise the illegal activities and discriminatory actions of supervisory personnel, including upper-level managers, supervisors and employees; (d) failure to provide adequate training to recognize, address, rectify and/or prevent illegal or discriminatory conduct; and (e) failure to adequately rectify, discipline or prevent known discriminatory conduct by supervisory personnel, including upper-level managers, supervisors and employees. 24. The conduct engaged in by defendants constitutes egregious behavior and/or wilful indifference by upper management to the rights of plaintiff sufficient to subject defendants to punitive damages under the LAD and Lehman v. Toys 'R’ Us. 25. Plaintiff has been severely injured as a result of such harassment and discrimination that he has suffered, and continues to suffer, physical and bodily injuries, severe emotional distress, humiliation, embarrassment, anguish, personal hardship, career and social disruption, psychological and emotional harm, economic losses, lost employment opportunities, and other such damages. WHEREFORE, plaintiff, Eleazar Andres, demands judgment against defendants, TNGC Pine Hill LLC, Jane Doe I-V (these names being fictitious as their present identities are unknown), John Doe I-V (these names being fictitious as their present identities are unknown), XYZ Corporation I-V (these names being fictitious as their present identities are unknown), jointly and severally, for harm suffered as a result of defendants’ hostile work environment/sexual orientation harassment and/or sexual harassment in violation of the LAD as follows: (2) full compensation for back pay and benefits with full remuneration, with interest; (b) full compensation for front pay and benefits with full remuneration, with interest; (0) compensatory damages; (4) consequential damages; (©) punitive damages; (f) __ pre-judgment interest; (g)__ attorneys’ fees with appropriate enhancement under Rendine v. Pantzer, 141 N.J. 292 (1995); and (h) such other relief as may be available pursuant to the LAD in which this court deems to be just and equitable. SECOND COUNT New Jersey Law Against Discrimination Sexual Orientation/Perceived Sexual Orientation Discrimination 26. Plaintiff repeats and realleges each and every allegation of the within paragraphs of this Complaint as if set forth at length herein 27. _ Plaintiff Andres was subjected to pervasive abusive and harassing behavior by co-workers during his employment with defendants on account of his sexual orientation and/or perceived sexual orientation. 28. Upon complaining of this abusive treatment, defendants and their supervisors failed to take proper corrective action. Furthermore, plaintiff's, employment was eventually terminated due to his sexual orientation and/or perceived sexual orientation. Refusal to handle Mr. Andres’ situation in a fair manner and terminating his employment constitutes sexual orientation and/or perceived sexual orientation discrimination in violation of the LAD. 29. Plaintiff was discriminated against on account of his sexual orientation and/or perceived sexual orientation 30. Pursuant to the LAD, defendants are liable for the acts constituting sexual orientation discrimination by defendants’ employees and management. 31. Plaintiff Andres has been severely injured as a result of such sexual orientation/perceived sexual orientation discrimination that he has suffered, and continues to suffer, physical and bodily injuries, severe emotional distress, humiliation, embarrassment, anguish, personal hardship, career and social disruption, psychological and emotional harm, economic losses, lost employment opportunities, and other such damages, WHEREFORE, plaintiff, Eleazar Andres, demands judgment against defendants, TNGC Pine Hill LLC, Jane Doe -V (these names being fictitious as their present identities are unknown), John Doe I-V (these names being fictitious as their present identities are unknown), XYZ Corporation I-V (these names being fictitious as their present identities are unknown), jointly and severally, for harm suffered as a result of defendant's sexual orientation discrimination as follows: (2) full compensation for back pay and benefits with full remuneration, with interest; (b) full compensation for front pay and benefits with full remuneration, with interest; (c) compensatory damages; (d) consequential damages; (©) punitive damages; (f) pre-judgment interest; (g) attorneys’ fees with appropriate enhancement under Rendine v. Pantzer, 141 N.J. 292 (1995); and (h) such other relief as may be available pursuant to the LAD in which this court deems to be just and equitable THIRD COUNT New Jersey Law Against Discrimination Unlawful Retaliation 32. Plaintiff repeats and realleges each and every allegation of the within paragraphs of this Complaint as if set forth at length herein 33. _ As set forth herein, after plaintiff complained to management of the abusive behavior of his co-workers, plaintiff's complaints were not handled in a proper manner, which allowed the blatant harassment and discrimination to continue. 34, Plaintiff's employment was eventually terminated as a result of his complaints of workplace harassment and discrimination. 35. Defendants’ conduct towards plaintiff constitutes unlawful retaliation in violation of the LAD. 36. Plaintiff has been severally injured as a result of such retaliation that he has suffered, and continues to suffer, physical and bodily injuries, severe emotional distress, humiliation, embarrassment, anguish, personal hardship, career and social disruption, psychological and emotional harm, economic losses, lost employment opportunities, and other such damages. WHEREFORE, plaintiff, Eleazar Andres, demands judgment against defendants, TNGC Pine Hill LLC, Jane Doe -V (these names being fictitious as their present identities are unknown), John Doe I-V (these names being fictitious as their present identities are unknown), XYZ Corporation I-V (these names being fictitious as their present identities are unknown), jointly and severally, for harm suffered as a result of defendant's retaliation as follows: (a) _ full compensation for back pay and benefits with full remuneration, with interest; (b) full compensation for front pay and benefits with full remuneration, with interest; (©) compensatory damages; (4) consequential damages; (e) punitive damages; (f)__ pre-judgment interest; (g) attorneys’ fees with appropriate enhancement under Rendine v. Pantzer, 141 NJ. 292 (1995); and (h) such other relief as may be available pursuant to the LAD in which this court deems to be just and equitable. FOURTH COUNT Assault and Battery 37. Plaintiff hereby incorporates each and every allegation of the within paragraphs of this Complaint as if they were fully set forth at length herein. 38. Throughout Mr. Andres’ employment, plaintiff was physically assaulted and battered by co-workers, who constantly threw objects at Mr. Andres. 39. These employees of defendants intended to cause harmful or offensive physical contact and plaintiff was put in imminent apprehension of such conduct. 40. This conduct constituted a harmful or offensive contact with plaintiff resulting from an act intended to cause plaintiff to suffer the contact. 41. As defendants employed these harassers at the time of the incidents, and the incidents occurred on Company grounds, defendants are vicariously liable for the assault and battery that plaintiff was subjected to. 42. _ Plaintiff has been severely injured as the result of such tortious conduct, and has suffered, and continues to suffer, physical and bodily injuries, emotional distress, humiliation, embarrassment, anguish, personal hardship, career and social disruption, psychological and emotional harm, economic losses, lost employment opportunities, and other such damages. WHEREFORE, plaintiff Eleazar Andres, demands judgment against defendants, TNGC Pine Hill LLC, Jane Doe I-V (these names being fictitious as their present identities are unknown), John Doe I-V (these names being fictitious as their present identities are unknown), XYZ Corporation I-V (these names being fictitious as their present identities are unknown), jointly and severally, for harm suffered as a result of defendants’ assault and battery as follows: a. full compensation for back pay and benefits with full remuneration, with interest; 10 b. full compensation for front pay and benefits with full remuneration, with interest; c. compensatory damages; d. consequential damages; €. punitive damages; f. pre-judgment interest; g. attorneys’ fees and costs with appropriate enhancement under Rendine v, Pantzer, 141 N.J, 292 (1995); and h. such other relief as may be available pursuant to the LAD in which this court deems to be just and equitable. O'CONNOR, PARSONS, LANE, & NOBLE, LLC Attorneys for Plaintiff 7 By: wo B. NOBLE DATED: April 30, 2015 - Cc JURY DEMAND Plaintiffs demand a trial by jury as to all issues. DATED: April 30, 2015 1. DESIGNATION OF TRIAL COUNSEL Please take notice that pursuant to Rule 4:25-4, Gregory B. Noble, Esq. is hereby designated as trial counsel in the within matter. CERTIFICATION PURSUANT TO RULE 4:5-1 The undersigned, Gregory B. Noble, certifies on behalf of the plaintiff as follows: 1, lam an attorney admitted to practice law in the State of New Jersey, counsel for the above-named plaintiff in the subject action. 2. The matter in controversy in this case is not, to my knowledge, the subject of any other action pending in any court or pending arbitration proceeding, nor is any other action or arbitration proceeding contemplated. 3. There are no other parties who should be joined in this action that we are aware of at the present time. hereby certify that the foregoing statements made by me are true. | am aware that if any of the foregoing statements made by me are willfully false, | am subject to punishment. O'CONNOR, PARSONS, LA! Attorneys for Plaintiff 7 @NOBLE, LLC By: REGORY B. NOBLE DATED: April 30, 2015 O° CONNOR, PARSONS, LANE & NOBLE, LLC Gerald B. O'Connor ++ Scott A. Parsons + ATTORNEYS AT LAW eal 4 "Coane 1 o* 435 East Broad Street, Westfield, New Jersey 07090 ea mineeia Tel: 908-928-9200 » Fax: 908-928-9232 —— Tel: 80-86-5817 Daniel Bouse + 4 Admit in XI NY *Admited in NI & PA «+ Cotes By The Supreme Court of New feuey asa Civ Trl Anorney April 30, 2015 Via New Jersey Lawyer Service Clerk, Civil Division mR Camden County Superior Court Hall of Justice 101 S. 5th Street Camden, NJ 08103-4001 Re:. Andres v. TNGC Pine Hill LLC BY Docket No. To be assigned Loo Dear Sir/Madam: Enclosed for filing please find the original and two (2) copies of a Complaint and Civil Case Information Statement on behalf of plaintiffs in the above-referenced matter. Kindly file same, assign a docket number, and return a stamped “Filed” copy to me to my awaiting messenger. Please charge this firm’s account, No, 76362, for any fees incurred. ‘Thank you for your attention to this matter LZ Very truly yours, GRI ‘from GNisc RUNS FROM THE FIRST ANSWER OR 90 DAYS WHICHEVER COMES PIRST HON ROBERT G. MELLENKY ‘OWTACT TERN 102 ROT: GREGORY B NOBLE ‘So Ease BROAD ST ‘WESTFIELD "0 John M. Nolan (NI#50131988) Alacoque H. Nevitt (NJ#038932010) JACKSON LEWIS P.C. ‘Three Parkway 1601 Cherry Street, Suite 1350 Philadelphia, PA 19102 (267) 319-7802 (215) 399-2249 — Facsimile ELEAZAR ANDRES, Plaintiff, vs. ‘NGC PINE HILL LLC, JANE DOE L-V, JOHN DOE I-V, AND XYZ CORPORATION, Defendant, SUPERIOR COURT OF NEW JERSEY LAW DIVISION-CAMDEN COUNTY DOCKET NO.: L¥733-15——.. NOTICE OF APPEARANCE, Kindly enter my appearance on behalf of Defendant, Trump National Golf Club Colts Neck LLC (improperly identified as TNGC Pine Hill LLC), in connection with the above- captioned matter. Dated: December 1, 2015 Respectfully, JACKSON LEWIS P.C. Alacoque H. Nevitt (NJ#038932010) ‘Three Parkway 1601 Cherry Street, Suite 1350 Philadelphia, PA 19102 (267) 319-7802 (215) 399-2249 ~ Facsimile Counsel for Defendant, TNGC Pine Hill LLC CERTIFICATE OF SERVICE I, Alacoque H. Nevitt, hereby certify that a true and correct copy of the within Notice of Appearance was served via first class mail upon the following counsel of record this 1" day of December, 2015: Gregory B. Noble, Esquire 0’Connor, Parsons, Lane & Noble, LLC 435 E, Broad Street Westfield, NJ 07090 Counsel for Plaintiff JACKSON LE} Alacoque H. Nevitt (NJ#038932010) 4224-9519-4411,¥. 1

You might also like