Case: Rudolph v. Adamar of New Jersey

1:00-cv-00190 | U.S. District Court for the District of New Jersey

Filed Date: Jan. 12, 2000

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On January 12, 2000, a white, male former employee filed a complaint against Adamar of New Jersey, a company that does business as Tropicana Casino and Resort. The plaintiff alleged that by implementing an Equal Employment and Business Opportunity Plan, Tropicana had discriminated against him and all similarly situated individuals on the basis of race and sex in violation of 42 USC § 1981 and state anti-discrimination law. The plaintiff also alleged an individual claim of discrimination on the …

On January 12, 2000, a white, male former employee filed a complaint against Adamar of New Jersey, a company that does business as Tropicana Casino and Resort. The plaintiff alleged that by implementing an Equal Employment and Business Opportunity Plan, Tropicana had discriminated against him and all similarly situated individuals on the basis of race and sex in violation of 42 USC § 1981 and state anti-discrimination law. The plaintiff also alleged an individual claim of discrimination on the basis of age, in violation of the Age Discrimination in Employment Act (ADEA) and state law. The complaint was filed in the U.S. District Court for the District of New Jersey and the case was assigned to Judge Stephen M. Orlofsky.

Tropicana filed a Third-Party Complaint against the State of New Jersey, as well as the Governor and Attorney General of New Jersey in their official capacities (State Defendants). Tropicana also named as a Third-Party Defendant the Chairperson of the New Jersey Casino Control Commission in his official capacity. The Commission, created pursuant to the New Jersey Casino Control Act, required each casino licensee to adopt an approved affirmative action plan. Tropicana alleged that to the extent any portion of its plan was unlawful, it was solely because of it compliance with the Commission’s requirements and regulations. As a result, Tropicana alleged that the State Commission violated the United States Constitution, the New Jersey Constitution, and the New Jersey Law Against Discrimination. Under 42 U.S.C. § 1981 and § 1983, Tropicana sought declaratory and injunctive relief, reimbursement of reasonable attorneys' fees, and reimbursement for all equitable relief, including damages and costs, obtained against Tropicana by the plaintiff or the plaintiff class. In response, the former-employee plaintiff filed claims against the Third-Party Defendants, alleging that Tropicana's state-mandated equal opportunity regulations caused the violations of his rights. The plaintiff sought declaratory and injunctive relief, compensatory and punitive damages, and costs and fees.

The State Defendants moved to dismiss all claims against them, except those against the Governor and the Attorney General, that sought prospective injunctive relief under federal law. The Commissioner also moved to dismiss all claims brought against him in his official capacity on the ground that the Commission was an arm of the State of New Jersey and therefore entitled to Eleventh Amendment immunity.

On July 31, 2000, Judge Orlofsky granted in part the State Defendants’ motion to dismiss. First, the court recognized the State Defendants’ unopposed motion to dismiss all claims against the State of New Jersey on the grounds of Eleventh Amendment immunity, which bars suits against any state in federal court by the state’s own citizens. Since Eleventh Amendment immunity also applies to state officials who are sued in their official capacities for damages, the court also granted the State Defendants’ motion to dismiss the plaintiff’s and Tropicana’s state law claims for damages. Finally, the judge granted the Commissioner's motion to dismiss Tropicana's and the plaintiff's claims for damages against him, in his official capacity after concluding that the Commission was an "alter ego" of the State of New Jersey and therefore entitled to Eleventh Amendment immunity from suit in federal court. The claims for prospective and injunctive relief under federal law survived because Eleventh Amendment immunity did not apply and the court had jurisdiction to review the claims. The plaintiff was subsequently allowed to file an amended complaint to properly state a claim requesting prospective, injunctive relief under federal law. 153 F.Supp.2d 528.

On October 10, 2001, the Court found that the provisions and regulations of equal opportunity plan violated the Equal Protection Clause of the Fourteenth Amendment. The Court declared these provisions invalid, and issued an order permanently enjoining the State of New Jersey and its Commission from enforcing them or any portion of any Equal Employment and Business Opportunity Plan based on them. All the claims of the plaintiff and Tropicana against the Third-Party Defendants were dismissed without prejudice. The plaintiff and Tropicana were awarded reasonable attorneys' fees and costs, subject to a future application to the Court. 2001 WL 1335031.

By August 2002, the parties stipulated to a partial settlement for declaratory and injunctive relief for a class. The court granted conditional class certification and preliminary approval for the purposes of the settlement. The parties stipulated to a dismissal of claims for attorneys’ fees and costs against the Third-Party Defendants with prejudice. On February 18, 2003, the court entered a final order and judgment: it approved the partial settlement of the reverse discrimination class action lawsuit against Tropicana and dismissed all claims for declaratory and injunctive relief. The final judgment was amended in an order issued on June 2, 2003, by Judge Robert B. Kugler, to whom the case had been reassigned.

In April 2004, the plaintiff filed a motion for summary judgment, which was denied, and Tropicana filed a cross motion for summary judgment, which was granted in part and denied in part.

Tropicana’s motion for summary judgment was granted as to the race discrimination claims because the plaintiff did not establish the "state action" necessary to sustain his claims. Action taken by private entities with the mere approval or acquiescence of the State was not state action. Although Tropicana was required by state law to set goals for female and minority employment, the plaintiff was not able to produce any evidence that the state's involvement in Tropicana’s effort to meet its employment goals (assuming the plaintiff’s termination was indeed such an effort), went beyond “mere approval or acquiescence.” Therefore, the plaintiff did not establish state action to survive the summary judgment motion.

As to the Title VII claims, the court evaluated the evidence produced by Tropicana, including evidence showing that senior management reached a consensus to terminate the plaintiff after a series of complaints from interviews with employees, as well as performance evaluations, reviews, and a ranking chart. This demonstrated that the plaintiff was among the worst-performing of the employees. Based on this evaluation, the court found that Tropicana met its burden of articulating a legitimate, nondiscriminatory reason for terminating the plaintiff’s employment.

However, the court found that the plaintiff presented evidence sufficient to survive Tropicana's motion for summary judgment on his age discrimination claims for four reasons. Among other evidence, Tropicana management had not explained the plaintiff’s termination in detail, so the court determined that a reasonable jury might interpret this as evidence of pretext. The court found that the plaintiff produced evidence sufficient to withstand Tropicana's motion for summary judgment on his age discrimination claims.

A jury trial was set for April 18, 2005, but on April 5, the court issued an order dismissing the case without costs and without prejudice. On May 3, the case was dismissed with prejudice, closing the case. Presumably, the parties settled out of court, but this information was not publicly available at the time of this writing.

Summary Authors

Esther Vinarov (2/24/2019)

Related Cases

Osgood v. Harrah's Entertainment, Inc., District of New Jersey (2000)

People


Judge(s)

Kugler, Robert B. (New Jersey)

Orlofsky, Stephen Murray (New Jersey)

Rosen, Joel B. (New Jersey)

Attorneys(s) for Plaintiff

Console, Stephen G. (Pennsylvania)

Haddad, Yvonne R. (New Jersey)

Mager, Carol A. (New Jersey)

Simon, Deborah Hart (Pennsylvania)

Attorneys(s) for Defendant

Cooney, Lisa Ann (Pennsylvania)

Farmer, John J. Jr. (New Jersey)

Holmes, Mark Turner (New Jersey)

Judge(s)

Kugler, Robert B. (New Jersey)

Orlofsky, Stephen Murray (New Jersey)

Rosen, Joel B. (New Jersey)

Attorneys(s) for Plaintiff

Console, Stephen G. (Pennsylvania)

Haddad, Yvonne R. (New Jersey)

Mager, Carol A. (New Jersey)

Simon, Deborah Hart (Pennsylvania)

Attorneys(s) for Defendant

Cooney, Lisa Ann (Pennsylvania)

Farmer, John J. Jr. (New Jersey)

Holmes, Mark Turner (New Jersey)

Missimer, David C. (New Jersey)

Moffa, Luis R. Jr. (New Jersey)

Tanenbaum, Jerry L. (New Jersey)

Zimmerman, George A. (Texas)

Documents in the Clearinghouse

Document

1:00-cv-00190

Docket [PACER]

RUDOLPH v. ADAMAR OF NEW JERSEY

May 3, 2005

May 3, 2005

Docket
39

1:00-cv-00190

Opinion and Order Granting granting motion to dismiss all claims against the State, Governor and Attorney General.

Rudloph v. Adamar of New Jersey, Inc.

153 F.Supp.2d 528

July 31, 2001

July 31, 2001

Order/Opinion
48

1:00-cv-00190

Stipulation and Order

2001 WL 1335031

Oct. 10, 2001

Oct. 10, 2001

Settlement Agreement
83

1:00-cv-00190

Opinion on Motion for Summary Judgment and Cross Motion for Summary Judgment

Rudolph v. Adamar

Oct. 22, 2004

Oct. 22, 2004

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; jury demand FILING FEE $ 150.00 RECEIPT # 248358 (femp) (Entered: 01/14/2000)

Jan. 12, 2000

Jan. 12, 2000

SUMMONS(ES) issued for ADAMAR OF NEW JERSEY ( 20 Days) (Mailed to Counsel) (femp) (Entered: 01/14/2000)

Jan. 14, 2000

Jan. 14, 2000

2

NOTICE of Allocation and Assignment filed. Magistrate Judge ROBERT B. KUGLER (femp) (Entered: 01/14/2000)

Jan. 14, 2000

Jan. 14, 2000

3

NOTICE of attorney appearance for ADAMAR OF NEW JERSEY by LOUIS R. MOFFA JR. (ar1) (Entered: 01/18/2000)

Jan. 18, 2000

Jan. 18, 2000

4

ORDER, setting scheduling conference for 9:30 2/22/00. n.m. ( signed by Mag. Judge Robert B. Kugler ) (ar1) (Entered: 01/18/2000)

Jan. 18, 2000

Jan. 18, 2000

5

CERTIFICATION of Yvonne R. Haddad, Esquire on behalf of JOHN D. RUDOLPH; Re: Pro Hac Vice (ar1) (Entered: 01/21/2000)

Jan. 19, 2000

Jan. 19, 2000

6

CERTIFICATION of Carol A. Mager, Esquire on behalf of JOHN D. RUDOLPH; Re: Pro Hac Vice (ar1) (Entered: 01/21/2000)

Jan. 19, 2000

Jan. 19, 2000

7

CERTIFICATION of Debora A. O'Neill on behalf of JOHN D. RUDOLPH; Re: Pro Hac Vice (ar1) (Entered: 01/21/2000)

Jan. 19, 2000

Jan. 19, 2000

8

ORDER permitting Debora A. O'Neill, Esquire to appear pro hac vice. n.m. ( signed by Judge Stephen M. Orlofsky ) (ar1) (Entered: 01/21/2000)

Jan. 20, 2000

Jan. 20, 2000

9

ORDER permitting Carol A. Mager, Esquire to appear pro hac vice. n.m. ( signed by Judge Stephen M. Orlofsky ) (ar1) (Entered: 01/21/2000)

Jan. 20, 2000

Jan. 20, 2000

10

CONSENT ORDER, extending time , and setting answer due for 2/25/00 for deft. Adamar of NJ. n.m. ( signed by Judge Stephen M. Orlofsky ) (ar1) (Entered: 01/31/2000)

Jan. 29, 2000

Jan. 29, 2000

11

WAIVER OF SERVICE RETURNED EXECUTED as to ADAMAR OF NEW JERSEY 1/20/00 Answer deadline projected for 3/20/00. n.m. (ar1) (Entered: 01/31/2000)

Jan. 31, 2000

Jan. 31, 2000

12

Minute entry: Proceedings recorded by Ct − Reporter: Theodore Formaroli; Minutes of: 2/10/00; The following actions were taken, Telephone conference call held. Ordered case management conference to be scheduled after answer and third party complaint are filed. By Judge Stephen M. Orlofsky (ar1) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

THIRD PARTY SUMMONS(ES) issued for THE STATE OF NJ, CHRISTINE TODD WHITMAN, JOHN J. FARMER JR., JAMES R. HURLEY. ( 20 Days) (Mailed to Counsel) (ar1) (Entered: 02/28/2000)

Feb. 25, 2000

Feb. 25, 2000

14

Minute entry: Proceedings recorded by Ct − Reporter: Ted Formaroli; Minutes of: 2/29/00; The following actions were taken, Telephone conference call held. By Judge Stephen M. Orlofsky (ar1) (Entered: 03/01/2000)

Feb. 29, 2000

Feb. 29, 2000

15

NOTICE of Change of Address by Law firm of Stephen G. Console. (mgr) (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

16

RETURN OF SERVICE/PROOF OF SERVICE executed as to THE STATE OF NJ 2/28/00 Answer due on 3/20/00 for THE STATE OF NJ (ar1) (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

17

RETURN OF SERVICE/PROOF OF SERVICE executed as to CHRISTINE TODD WHITMAN 2/28/00 Answer due on 3/20/00 for CHRISTINE TODD WHITMAN (ar1) (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

18

RETURN OF SERVICE/PROOF OF SERVICE executed as to JOHN J. FARMER JR. 2/28/00 Answer due on 3/20/00 for JOHN J. FARMER JR. (ar1) (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

19

RETURN OF SERVICE/PROOF OF SERVICE executed as to JAMES R. HURLEY 2/28/00 Answer due on 3/20/00 for JAMES R. HURLEY (ar1) (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

20

Plaintiff's Rule 14(a) claims against third party defendants. (ar1) Modified on 10/11/2001 (Entered: 03/16/2000)

March 15, 2000

March 15, 2000

21

APPLICATION by THE STATE OF NJ, CHRISTINE TODD WHITMAN, JOHN J. FARMER JR. and Clerk's Order extending time to answer. Answer due 4/4/00. (ar1) (Entered: 03/16/2000)

March 16, 2000

March 16, 2000

22

APPLICATION by JAMES R. HURLEY and Clerk's Order extending time to answer. Answer due 4/4/00. n.m. (ar1) (Entered: 03/16/2000)

March 16, 2000

March 16, 2000

23

LETTER By JOHN D. RUDOLPH; Re: Change of Address for Yvonne R. Haddad, Esquire. (ar1) (Entered: 03/28/2000)

March 27, 2000

March 27, 2000

24

Notice of Intent to submit a Dispositive motion to dismiss by THE STATE OF NJ, CHRISTINE TODD WHITMAN, JOHN J. FARMER JR. (ar1) (Entered: 04/04/2000)

April 4, 2000

April 4, 2000

25

Notice of Intent to submit a Dispositive motion to dismiss by JAMES R. HURLEY (ar1) (Entered: 04/04/2000)

April 4, 2000

April 4, 2000

26

Notice of MOTION to dismiss all claims against the State, Governor and Attoreny General, except the Third party claims by Tropicana's prospective injunctive relief by third party defendants THE STATE OF NJ, CHRISTINE TODD WHITMAN, JOHN J. FARMER JR., Motion set for 7/7/00 on [26 − 1] motion . (All Briefs/PO Subm) (ar1) (Entered: 05/26/2000)

May 26, 2000

May 26, 2000

27

Notice of MOTION to dismiss plaintiffs' Rule 14(a) claims and third party plaintiff's claims for damages by third party defendant JAMES R. HURLEY, Motion set for 7/7/00 on [27 − 1] motion . (All Briefs/PO Subm) (ar1) (Entered: 05/26/2000)

May 26, 2000

May 26, 2000

28

NOTICE by JOHN D. RUDOLPH; Re: change of Firm name of Console Law Offices, LLC. (ar1) (Entered: 08/25/2000)

Aug. 17, 2000

Aug. 17, 2000

29

Notice of MOTION to certify class action by plaintiff JOHN D. RUDOLPH, Motion set for 10/6/00 on [29 − 1] motion . (Brief/PO Submitted with exhibits) (ar1) (Entered: 09/07/2000)

Sept. 7, 2000

Sept. 7, 2000

31

Minute entry: Proceedings recorded by Ct − Reporter: Ted Formaroli; Minutes of: 9/15/00; The following actions were taken, Telephone conference call held. By Judge Stephen M. Orlofsky (ar1) (Entered: 09/15/2000)

Sept. 15, 2000

Sept. 15, 2000

Motion(s) no longer referred: [30 − 1] motion for leave to file an amended class action complaint. (ar1) (Entered: 10/26/2000)

Oct. 26, 2000

Oct. 26, 2000

32

Minute entry: Proceedings recorded by Ct − Reporter: Ted Formaroli; Minutes of: 11/29/00; The following actions were taken, Order granting defts. motion for class certification. Order to be submitted. Ordered plaintiff to file a second amended complaint and affidavit. Plaintiff to withdraw motion for class certification. Ordered decision reserved as to motion to dismiss third party complaint. By Judge Stephen M. Orlofsky (ar1) (Entered: 11/29/2000)

Nov. 29, 2000

Nov. 29, 2000

33

Withdrawal of plaintiff's motion for class certification. (ar1) (Entered: 12/06/2000)

Dec. 6, 2000

Dec. 6, 2000

Deadline updated; terminating [29 − 1] motion to certify class action. (ar1) (Entered: 12/06/2000)

Dec. 6, 2000

Dec. 6, 2000

Deadline updated; terminating [29 − 2] hearing Motion set for 10/6/00 on [29 − 1] motion. (ar1) (Entered: 12/06/2000)

Dec. 6, 2000

Dec. 6, 2000

34

AFFIDAVIT of John D. Rudolph. (ar1) (Entered: 12/06/2000)

Dec. 6, 2000

Dec. 6, 2000

35

ORDER granting [30 − 1] motion for leave to file a second amended class action complaint. n.m. ( signed by Judge Stephen M. ) (ar1) (Entered: 12/06/2000)

Dec. 6, 2000

Dec. 6, 2000

Deadline updated; terminating [30 − 2] hearing Motion set for 10/20/00 on [30 − 1] motion. (ar1) (Entered: 12/06/2000)

Dec. 6, 2000

Dec. 6, 2000

36

SECOND AMENDED COMPLAINT by JOHN D. RUDOLPH , (Answer due 12/18/00 for ADAMAR OF NEW JERSEY ) amending [1 − 1] complaint against THE STATE OF NJ, CHRISTINE TODD WHITMAN, JOHN J. FARMER NEW JERSEY CASINO, JAMES R. HURLEY. Jury Demand (ar1) (Entered: 12/06/2000)

Dec. 6, 2000

Dec. 6, 2000

37

Substitute attorney for JOHN D. RUDOLPH; Terminated Joseph J. Avella; Added, Stephen G. Console. (ar1) (Entered: 04/12/2001)

April 10, 2001

April 10, 2001

38

Substitute attorney for JOHN D. RUDOLPH ; Terminated attorney YVONNE R. HADDAD for JOHN D. RUDOLPH ; Added, DEBORAH HART SIMON (js) (Entered: 06/25/2001)

June 25, 2001

June 25, 2001

39

OPINION FILED. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 07/31/2001)

July 31, 2001

July 31, 2001

40

ORDER granting [27 − 1] motion to dismiss plaintiffs' Rule 14(a) claims and third party plaintiff's claims for damages and granting [26 − 1] motion to dismiss all claims against the State, Governor and Attoreny General, except the Third claims by Tropicana's prospective injunctive relief. (by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 07/31/2001)

July 31, 2001

July 31, 2001

Deadline updated; terminating [27 − 2] hearing Motion set for 7/7/00 on [27 − 1] motion and terminating [26 − 2] hearing Motion set for 7/7/00 on [26 − 1] motion. (ar1) (Entered: 07/31/2001)

July 31, 2001

July 31, 2001

41

ANSWER by JAMES R. HURLEY to [20 − 1] third − party complaint, jury demand. (sb) Modified on 08/17/2001 (Entered: 08/17/2001)

Aug. 17, 2001

Aug. 17, 2001

42

ANSWER by JAMES R. HURLEY to amended complaint; jury demand (sb) (Entered: 08/17/2001)

Aug. 17, 2001

Aug. 17, 2001

43

ANSWER by third party defendants CHRISTINE TODD WHITMAN and JOHN J. FARMER JR., to [20 − 1] third − party complaint and [13 − 2] third − party complaint (js) (Entered: 08/20/2001)

Aug. 20, 2001

Aug. 20, 2001

45

Minute entry: Proceedings recorded by Ct − Reporter: Theodore Formaroli; Minutes of: 9/6/01; The following actions were taken, Telephone/Status conference call held. Ordered conference call scheduled for 9/17/01 at 4:30pm. By Judge Stephen M. Orlofsky (ar1) (Entered: 09/06/2001)

Sept. 6, 2001

Sept. 6, 2001

46

Minute entry: Proceedings recorded by Ct − Reporter: Ted Formaroli; Minutes of: 9/26/01; The following actions were taken, Telephone conference call held regarding settlements. Osgood − preliminary injunction motion to be resolved. Consent Order to be submitted within 1 week. Rudolph − Consent Order to be submitted within 2 weeks. Ordered conference call scheduled for October 10, 2001 at 4:30pm. By Judge Stephen M. Orlofsky (ar1) (Entered: 09/28/2001)

Sept. 26, 2001

Sept. 26, 2001

47

Minute entry: Proceedings recorded by Ct − Reporter: Ted Formaroli; Minutes of: 10/10/01; The following actions were taken, Telephone status conference call held regarding settlements. Rudolph Order entered. Ordered telephone conference call set for 11/14/01 at 4:00pm. By Judge Stephen M. Orlofsky (ar1) (Entered: 10/11/2001)

Oct. 10, 2001

Oct. 10, 2001

Deadline updated; setting scheduling order deadlines: Telephone Status conference for 4:00pm on 11/14/01. (ar1) (Entered: 10/11/2001)

Oct. 10, 2001

Oct. 10, 2001

48

STIPULATION and ORDER, permanently enjoining The State of New Jersey and NJ State Casino Control Commission and dismissing without prejudice all claims of the pltf. and Tropicana against the third party defts, etc. (signed by Judge Stephen M. Orlofsky) (NM) (ar1) (Entered: 10/11/2001)

Oct. 10, 2001

Oct. 10, 2001

49

Minute entry: Proceedings recorded by Ct − Reporter: Ted Formaroli; Minutes of: 11/14/01; The following actions were taken, Osgood − Consent Order filed. Ordered motion for preliminary injunction dismissed as moot. Ordered conference set for 12/12/01 at 4:00pm. Rudolph − Status conference held. rescheduled for 12/12/01 at 4:00pm. By Judge Stephen M. Orlofsky (ar1) (Entered: 11/15/2001)

Nov. 14, 2001

Nov. 14, 2001

50

Minute entry: Proceedings recorded by Ct − Reporter: Ted Formaroli; Minutes of: 12/17/01; The following actions were taken, Tele − conference held. By Judge Stephen M. Orlofsky (ar1) (Entered: 12/18/2001)

Dec. 17, 2001

Dec. 17, 2001

51

Minute entry: Proceedings recorded by Ct − Reporter: Ted Formaroli; Minutes of: 1/16/02; The following actions were taken, Tele/Status conference held. By Judge Stephen M. Orlofsky (ar1) (Entered: 01/17/2002)

Jan. 16, 2002

Jan. 16, 2002

Tele − Conference call held. See Minute in 00cv284(SMO). (ar1) (Entered: 01/31/2002)

Jan. 31, 2002

Jan. 31, 2002

52

Minute entry: Proceedings recorded by Ct − Reporter: Ted Formaroli; Minutes of: 2/7/02; The following actions were taken, Tele − conference held. Tele/Status conference call regarding attorneys' fees and costs to be set within 3 weeks. By Judge Stephen M. Orlofsky (ar1) (Entered: 02/11/2002)

Feb. 7, 2002

Feb. 7, 2002

53

Minute entry: Proceedings recorded by Ct − Reporter: None; Minutes of: 5/2/02; The following actions were taken, Tele − conference held. By Judge Stephen M. Orlofsky (ar1) (Entered: 05/02/2002)

May 2, 2002

May 2, 2002

54

STIPULATION of partial settlement and class certification for purposes of declaratory and injunctive relief only. (Exhibits Annexed) (ar1) (Entered: 08/07/2002)

Aug. 6, 2002

Aug. 6, 2002

55

Minute entry: Proceedings recorded by Ct − Reporter: Ted Formaroli; Minutes of: 8/21/02; The following actions were taken, Tele − conference held. Hrg. to approve class settlement set for October 25, 2002 at 2:00pm Order to be submitted. By Judge Stephen M. Orlofsky (ar1) (Entered: 08/21/2002)

Aug. 21, 2002

Aug. 21, 2002

56

ORDER preliminarily approving partial settlement of class action, conditionally certifying class, providing for notice, and scheduling a fairness hearing. ( signed by Judge Stephen M. Orlofsky ) (NM) (ar1) (Entered: 08/21/2002)

Aug. 21, 2002

Aug. 21, 2002

58

SUPPLEMENTAL ORDER resetting dates for notice to class and scheduling a fairness hearing, etc. ( signed by Judge Stephen M. Orlofsky ) (NM) (ar1) (Entered: 10/21/2002)

Oct. 18, 2002

Oct. 18, 2002

59

Minute entry: Proceedings recorded by Ct − Reporter: Ted Formaroli; Minutes of: 12/2/02; The following actions were taken, Tele − conference held. Ordered hrg. to approve class settlement adjourned until 1/24/03 at 2:00pm. Order to be submitted. By Judge Stephen M. Orlofsky (ar1) (Entered: 12/03/2002)

Dec. 2, 2002

Dec. 2, 2002

60

DECLARATION of proof of publication by Jerry L. Tanenbaum on behalf of ADAMAR OF NEW JERSEY. (ar1) (Entered: 12/06/2002)

Dec. 6, 2002

Dec. 6, 2002

61

Minute entry: Proceedings recorded by Ct − Reporter: Ted Formaroli; Minutes of: 12/17/02; The following actions were taken, Tele − conference held. Ordered hrg. to approve class settlement adjourned until 1/17/03 at 2:00pm. Order to be submitted. By Judge Stephen M. Orlofsky (ar1) (Entered: 12/17/2002)

Dec. 17, 2002

Dec. 17, 2002

62

SUPPLEMENTAL ORDER resetting date for fairness hearing reset for January 17, 2003 at 2:00pm.( signed by Judge Stephen M. Orlofsky ) (NM) (ar1) (Entered: 12/18/2002)

Dec. 18, 2002

Dec. 18, 2002

63

Minute entry: Proceedings recorded by Ct − Reporter: Ted Formaroli; Minutes of: 1/17/03; The following actions were taken, Hrg. to approve class settlement. Bench opinion read into the record. Ordered class settlement approved. Order to be entered. By Judge Stephen M. Orlofsky (ar1) (Entered: 01/21/2003)

Jan. 17, 2003

Jan. 17, 2003

in person case management conf. 2/18/03 (sa) (Entered: 02/04/2003)

Feb. 4, 2003

Feb. 4, 2003

64

FINAL ORDER AND JUDGMENT approving the partial settlement of reverse discrimination class action lawsuit against Tropicana, providing for notice and dismissing claims for declaratory and injunctive relief. ( signed by Judge Stephen M. Orlofsky ) (NM) (ar1) (Entered: 02/20/2003)

Feb. 18, 2003

Feb. 18, 2003

case managment conf. set for 3/7/03 (sa) (Entered: 03/04/2003)

March 4, 2003

March 4, 2003

Scheduling conference held before Mag. Judge Joel B. Rosen on 3/7/03. (js) (Entered: 03/11/2003)

March 7, 2003

March 7, 2003

65

SCHEDULING ORDER setting Discovery cutoff 9/30/03 and Status conference for 10:00am on 8/11/03. ( signed by Mag. Judge Joel B. Rosen )(NM) (ar1) (Entered: 03/11/2003)

March 11, 2003

March 11, 2003

Phone/Status conference held before Mag. Judge Joel B. Rosen on 5/23/03. (js) (Entered: 05/28/2003)

May 23, 2003

May 23, 2003

CASE y to Judge Robert B. Kugler (bm) (Entered: 05/28/2003)

May 28, 2003

May 28, 2003

Status conference held before Mag. Judge Joel B. Rosen on 5/28/03. (er) (Entered: 05/30/2003)

May 28, 2003

May 28, 2003

66

ORDER REASSIGNING CASE FROM JUDGE ORLOFSKY TO JUDGE KUGLER. (signed by Chief Judge John W. Bissell)(NM) (js) (Entered: 05/29/2003)

May 29, 2003

May 29, 2003

67

ORDER amending final judgment, providing for notice and resetting dates for limitations for a period of 90 days. ( signed by Mag. Judge Joel B. Rosen ) (NM) (ar1) (Entered: 06/03/2003)

June 2, 2003

June 2, 2003

68

Substitute attorney for ADAMAR OF NEW JERSEY; Terminated attorney LOUIS R. MOFFA JR. from Schnader harrison and Added, LOUIS R. MOFFA JR. with Ballard Spahr. (ar1) (Entered: 07/10/2003)

July 9, 2003

July 9, 2003

69

DECLARATION of Donald Hoover Concerning Proof of Publication on behalf of deft. ADAMAR OF NEW JERSEY. (js) (Entered: 07/17/2003)

July 17, 2003

July 17, 2003

Status conference held before Mag. Judge Joel B. Rosen on 8/18/03. (sb) (Entered: 08/19/2003)

Aug. 19, 2003

Aug. 19, 2003

71

SCHEDULING ORDER setting Discovery cutoff 9/30/03; Status conference at 3:30pm on 12/15/03; Dispositive Motion due on or before 3/14/04. (signed by Mag. Judge Joel B. Rosen) (NM) (js) (Entered: 08/20/2003)

Aug. 19, 2003

Aug. 19, 2003

72

AMENDED SCHEDULING ORDER setting Discovery cutoff 12/31/03; Status conference at 3:30pm on 12/15/03; Dispositive Motion due on or before 3/14/04. (signed by Mag. Judge Joel B. Rosen)(NM) (js) (Entered: 08/28/2003)

Aug. 27, 2003

Aug. 27, 2003

Status conference held before Mag. Judge Joel B. Rosen on 12/15/03. (db) (Entered: 12/17/2003)

Dec. 17, 2003

Dec. 17, 2003

73

SCHEDULING ORDER setting Settlement conference at 2:30pm on 2/16/04; Dispositive Motion due on or before 3/14/04. (signed by Mag. Judge Joel B. Rosen)(NM) (js) (Entered: 12/18/2003)

Dec. 17, 2003

Dec. 17, 2003

74

NOTICE of Change of Address by pltf. counsel DEBORAH HART SIMON (js) (Entered: 01/08/2004)

Jan. 5, 2004

Jan. 5, 2004

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 2/17/2004. (bb, ) (Entered: 02/18/2004)

Feb. 17, 2004

Feb. 17, 2004

75

SCHEDULING ORDER: Status Conference set for 4/22/2004 at 11:30 AM before Magistrate Judge Joel B. Rosen. Disp. Motions due by 3/14/2004. Signed by Judge Joel B. Rosen on 2/18/04. (js) (Entered: 02/18/2004)

Feb. 18, 2004

Feb. 18, 2004

76

ORDER setting disp. motion briefing schedule. Signed by Judge Joel B. Rosen on 3/1/04. (js) (Entered: 03/03/2004)

March 1, 2004

March 1, 2004

77

Letter from Cooney to Console re: Appendix N process; Def.'s Cross − Motion for Summary Judgment. (COONEY, LISA) (Entered: 03/26/2004)

March 26, 2004

March 26, 2004

CLERK'S OFFICE QUALITY CONTROL MESSAGE. Document # 77 filed by L.Cooney on 3/26/04 requires that on the signature line there be an s/ or a copied signature. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (js) (Entered: 04/01/2004)

March 26, 2004

March 26, 2004

78

MOTION for Summary Judgment by pltf. JOHN D. RUDOLPH. (Attachments: # 1 Reply Brief/Cert. of Ser.annexed)(js) (Entered: 04/22/2004)

April 16, 2004

April 16, 2004

Setting Deadlines as to 78 MOTION for Summary Judgment. ORAL ARGUMENT REQUESTED. Motion Hearing set for 5/21/2004 before Judge Robert B. Kugler. PLEASE BE ADVISED THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (js) (Entered: 04/22/2004)

April 16, 2004

April 16, 2004

79

Cross MOTION for Summary Judgment by ADAMAR OF NEW JERSEY, INC.. Responses due by 4/16/2004 (Attachments: # 1 Memorandum of Law Part I# 2 Memorandum of Law Part II# 3 Table of Authorities# 4 Declaration of L. Cooney with Exhibits A &B# 5 Declaration of L. Cooney with Exhibit C# 6 Declaration of L. Cooney with Exhibit D# 7 Declaration of# 8 Declaration of L. Cooney with Exhibit F)(COONEY, LISA) (Entered: 04/22/2004)

April 22, 2004

April 22, 2004

Minute Entry for proceedings held before Judge Joel B. Rosen : Settlement Conference held on 4/22/2004. (bb, ) (Entered: 04/27/2004)

April 22, 2004

April 22, 2004

Setting Deadlines as to 79 Cross MOTION for Summary Judgment. Motion Hearing set for 5/21/2004 before Judge Robert B. Kugler. PLEASE BE ADVISED THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT. (js) (Entered: 04/29/2004)

April 22, 2004

April 22, 2004

80

REPLY to Response to Motion re 79 Cross MOTION for Summary Judgment, 78 MOTION for Summary Judgment filed by ADAMAR OF NEW JERSEY, INC.. (COONEY, LISA) (Entered: 04/23/2004)

April 23, 2004

April 23, 2004

82

Attorney Certification on behalf of pltf. JOHN D. RUDOLPH Re 78 Motion for Summary Judgment. (Exhibits too voluminous; In Clerk's File) (js) (Entered: 10/06/2004)

Oct. 5, 2004

Oct. 5, 2004

83

OPINION re 79 Cross MOTION for Summary Judgment filed by ADAMAR OF NEW JERSEY, INC., 78 MOTION for Summary Judgment filed by JOHN D. RUDOLPH. Signed by Judge Robert B. Kugler on 10/22/04. (db, ) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

84

ORDER denying 78 Motion for Summary Judgment, granting in part and denying in part 79 Motion for Summary Judgment − TROPICANA'S motion is granted as to Counts II and III, TROPICANA'S motion for summary judgment is denied as to Counts V and VI . Signed by Judge Robert B. Kugler on 10/22/04. (db, ) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

Case Details

State / Territory: New Jersey

Case Type(s):

Equal Employment

Key Dates

Filing Date: Jan. 12, 2000

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

White, male former employee of Tropicana Casino and Resort

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

ADAMAR OF NEW JERSEY, INC. TROPICANA CASINO AND RESORT, Private Entity/Person

State of New Jersey, State

Chairperson, State

Governor, State

Attorney General, State

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

State law

State Anti-Discrimination Law

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Content of Injunction:

Discrimination Prohibition

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Seniority

Discrimination-basis:

Age discrimination

Gender identity

Sex discrimination

Race:

White

Affected Gender:

Male