Preview
PAS-L-002086-22 10/04/2023 8:52:16 AM Pglof2 Trans ID: LCV20233033518
James P. Kimball, Esq. — 026251992
SEIGEL LAW LLC
505 Goffle Road
Ridgewood, New Jersey 07450
(201) 444-4000
Attomeys for Plaintiff, Jermaine Mann
JERMAINE MANN, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: PASSAIC COUNTY
Plaintiff,
vs. DOCKET NO. PAS-L-2086-22
PASSAIC PUBLIC SCHOOLS, PASSAIC Civil Adion
BOARD OF EDUCATION, JOHN DOES 1-
10 (fictitiously named) and ABC NOTICE OF MOTION TO STRIKE
COMPANIES 1-10 (fictitiously named), ANSWER & SUPPRESS DEFENSES OF
DEFENDANTS PASSAIC PUBLIC
Defendants. SCHOOLS AND PASSAIC BOARD OF
EDUCATION FOR FAILURE TO
PROVIDE DISCOVERY RESPONSES
TO Susie B. Burns, Esq.
PBR ATTORNEYS AT LAW, LLC
1 Gateway Center, Suite 2600
Newark, NJ 07102
Attomeys for Defendants, Passaic Public Schools and Passaic Board of Education
COUNSEL:
PLEASE TAKEN NOTICE that Seigel Law LLC, by James P. Kimball, Esq., attorney for
the Plaintiff, Jermaine Mann, in the above-captioned action, will apply to the Superior Court of
New Jersey, Passaic County, at the Passaic County Courthouse, 77 Hamilton Street, Paterson, New
Jersey 07505 on October 20, 2023 at 9 o’clock in the forenoon or as soon thereafter as counsel
may be heard for an Order Striking the Answer and Suppressing the Defenses without Prejudice
of Defendants, Passaic Public Schools and Passaic Board of Education, for failure to serve certified
answers to Plaintiff's First Set of Interrogatories.
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg2of2 Trans ID: LCV20233033518
Counsel for Plaintiff will rely upon the Certification attached to the Notice of Motion and
waives oral argument and consents to the disposition on the papers pursuant to R. 1:6-2 if not
opposition is filed. If opposition is filed, Plaintiff requests oral argument.
Discovery End Date: 02/14/24
Arbitration Date: None
Trial Date: None
SEIGEL LAW LLC
Attomey for Plaintiff, Jermaine Mann
By: /s/ James P. Kimball
James P. Kimball, Esq.
Dated: October 3, 2023
I hereby certify that on this date, the Notice of Motion, Certification with Exhibits and
proposed Order has been filed electronically via eC ourts with the Superior Court of New Jersey,
Law Division, Passaic County.
I further certify that a copy of the Notice of Motion, Certification with Exhibits and
proposed Order was served on all counsel of record via eC ourts.
SEIGEL LAW LLC
Attomey for Plaintiff, Jermain Mann
By: /s/ James P. Kimball
James P. Kimball, Esq.
Dated: October 3, 2023
PAS-L-002086-22 10/04/2023 8:52:16 AM Pglof1 Trans ID: LCV20233033518
James P. Kimball, Esq. — 026251992
SEIGEL LAW LLC
505 Goffle Road
Ridgewood, New Jersey 07450
(201) 444-4000
Attorneys for Plaintiff, Jermaine Mann
JERMAINE MANN, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: PASSAIC COUNTY
Plaintiff,
vs. DOCKET NO. PAS-L-2086-22
PASSAIC PUBLIC SCHOOLS, PASSAIC Civil Action
BOARD OF EDUCATION, JOHN DOES
1-10 (fictitiously named) and ABC ORDER
COMPANIES 1-10 (fictitiously named),
Defendants.
THIS MATTER, a Motion to Strike the Answer and Suppress the Defenses of Defendants,
Passaic Public Schools and Passaic Board of Education, opened to the Court by James P. Kimball,
Esq., of Seigel Law LLC, attorney for Plaintiff, Jermaine Mann, and on notice to Peter Perla, Esq.,
and Susie B. Burns, Esq., of PRB Attorneys at Law, LLC, attorneys for Defendants, Passaic Public
Schools and Passaic Board of Education (herein “Defendants”), and good and sufficient cause
having been shown:
IT IS ON THIS DAY OF , 2023
ORDERED that the Answer of Defendants is hereby stricken and the Defenses of
Defendants are hereby suppressed without prejudice for failure to timely serve provide certified
responses to Plaintiff's First Set of Interrogatories; and it is further
ORDERED that a copy of this Order be deemed served upon all parties via eCourts.
Opposed { ]
Unopposed [ ]
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg1of73 Trans ID: LCV20233033518
James P. Kimball, Esq. — 026251992
SEIGEL LAW LLC
505 Goffle Road
Ridgewood, New Jersey 07450
(201) 444-4000
Attorneys for Plaintiff, Jermaine Mann
JERMAINE MANN, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: PASSAIC COUNTY
Plaintiff,
vs. DOCKET NO. PAS-L-2086-22
PASSAIC PUBLIC SCHOOLS, PASSAIC Civil Action
BOARD OF EDUCATION, JOHN DOES
1-10 (fictitiously named) and ABC CERTIFICATION
COMPANIES 1-10 (fictitiously named),
Defendants.
I, James P. Kimball, of full age and duly sworn upon my oath, certify as follows:
1 I am an Attorney-at-Law of the State of New Jersey and a partner with Seigel Law
LLC; I have been entrusted with the representation of Plaintiff, Jermaine Mann (herein “Plaintiff”)
in this matter; and | am fully familiar with the facts pertaining to it.
2 The Complaint in this matter was filed on August 19, 2022. See a true copy of the
filed Complaint attached hereto as Exhibit “A.”
4
3 An Answer was filed by Defendants, Passaic Public Schools and Passaic Board of
Education on November 28, 2022. See a true copy of the filed Answer attached hereto as
Exhibit “B.”
4 Plaintiff served a Cover Letter and Plaintiff’s First Set of Interrogatories on counsel
for Defendants on May 9, 2023. See a true copy of Cover Letter and Plaintiff's First Set of
Interrogatories attached hereto as Exhibits “C” and “D” respectively.
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg2of73 Trans ID: LCV20233033518
5 Plaintiff served these discovery demands via email. See a true copy of the email
sent to defense counsel on May 9, 2023 attached hereto as Exhibit “E.”
6 The 60-day time period to serve certified answers to Plaintiffs First Set of
Interrogatories pursuant to R. 4:17-4b expired on July 10, 2023.
7. On August 18, 2023 Plaintiff served a “good faith” follow-up request for
Defendants’ discovery responses along with another copy of the initial set of interrogatories and
indicated that said responses should be supplied within 10 days to avoid motion practice. See a
true copy of Good Faith Letter attached hereto as Exhibit “F.”
8 Plaintiff served this Good Faith Letter via email. See a true copy of the email sent
to defense counsel on August 18, 2023 attached hereto as Exhibit “G.”
9 On August 30, 2023 counsel for Defendants sent an email request to Plaintiff
requesting an additional 30 days to respond to the discovery demands. See a true copy of the
email sent from Susie B. Burns, Esq., to James P. Kimball, Esq., on August 30, 2023 attached
hereto as Exhibit “H.”
10. The additional 30-day period expired on September 29, 2023.
11. Defendants were served with Plaintiffs First Set of Interrogatories 147 days ago
and have not provided any responses and have not requested any additional time to comply.
12. Plaintiff served his certified Answers to Defendant’s First Set of Interrogatories and
responses to Defendant’s First Demand for Production of Documents on August 18, 2023 and is
not delinquent in providing any discovery requested in this matter.
13. The time within which the requested discovery was to be served has expired and no
formal motion for an extension of time to answer has been made pursuant to R. 4:17-4(b) and no
answers to the interrogatories or documents have been served to date.
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 3of73 Trans ID: LCV20233033518
14. Plaintiff has afforded Defendants with adequate time to provide discovery
response.
15 The requested discovery is pertinent to Plaintiff’s action.
16 It is respectfully requested that Plaintiff's Motion to Strike Defendants’ Answer
and Suppress Defendants’ Defenses without Prejudice for failure to provide certified answers to
interrogatories discovery be granted.
I certify the foregoing statements made by me are true. I am aware that if any of the
foregoing statements are willfully false, I am subject to punishment.
4s/ James P. Kimball
James P. Kimball, Esq.
Dated: October 3, 2023
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 4of73 Trans ID: LCV20233033518
PAS-L-002086-22 08/19/2022 3:21:42 PM Pg1of8 Trans ID: LCV20223015480
James P. Kimball, Esq. — 026251992
SEIGEL LAW LLC
505 Goffle Road
Ridgewood, New Jersey 07450
(201) 444-4000
Attorneys for Plaintiff, Jermaine Mann
JERMAINE MANN, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: PASSAIC COUNTY
Plaintiff,
vs. DOCKET NO. PAS-L-
PASSAIC PUBLIC SCHOOLS, PASSAIC Civil Action
BOARD OF EDUCATION, JOHN DOES 1-
10 (fictitiously named) and ABC
COMPANIES 1-10 (fictitiously named), COMPLAINT, JURY DEMAND &
DISCOVERY DEMANDS
Defendants.
Plaintiff, JERMAINE MANN (herein “Plaintiff’), residing at 224 Sixth Street, Apartment
2A, Passaic, New Jersey, by way of Complaint against Defendant(s) herein, allege as follows:
ALLEGATIONS APPLICABLE TO ALL COUNTS
1 Defendant, PASSAIC PUBLIC SCHOOLS, is the entity that operates the city schools
located in the City of Passaic with its offices located at 663 Main Street, Passaic, New Jersey.
2 Defendant, PASSAIC BOARD OF EDUCATION, is the governing body for
Defendant, PASSAIC PUBLIC SCHOOLS, with its offices located at 663 Main Street, Passaic, New
Jersey.
3 Defendants, JOHN DOES 1-10 and ABC COMPAINES 1-10 are fictitious and
unidentified persons and/or entities who engaged in, are vicariously liable for, aided and abetted
and/or contributed to the below described misconduct and are believed to be connected in some
manner with Defendants, PASSAIC PUBLIC SCHOOLS and BOARD OF EDUCATION, and/or
the incidents described herein as agents, servants, employees, employers, affiliated and related
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg5of73 Trans ID: LCV20233033518
PAS-L-002086-22 08/19/2022 3:21:42 PM Pg2of8 Trans ID: LCV20223015480
corporations, representatives, co-venturers, associates, managers, supervisors, licensors, licensees,
insurers and/or were in some other manner responsible for the injuries and damages sustained by
Plaintiff.
4 Plaintiffis an African American male born on February 2, 1979 and lives in the City
of Passaic.
5 Plaintiff first became employed with Defendant, PASSAIC PUBLIC SCHOOLS, in
or about the year 2000.
6 Plaintiff's first job with the district was as a part-time lunch aide which he held for
approximately three years.
mh Plaintiff then obtained full-time employment with the district as a general cafeteria
worker which he held for approximately five years.
8 Plaintiff then continued full-time employment with the district as an assistant
custodian which he held for approximately four years.
9 Plaintiff then continued full-time employment with the district as a head custodian
which held for approximately six years.
10. In August 2018, Plaintiff secured his first managerial position with the district as
Facilities Manager which he maintains to the present day.
Il. As ofthe time of this Complaint, Plaintiff
has accrued approximately 22 years in the
Public Employee Retirement System (herein “PERS”) as an employee of Defendant, PASSAIC
PUBLIC SCHOOLS.
12. Plaintiff
has never been reprimanded or disciplined for conduct as an employee of
Defendant, PASSAIC PUBLIC SCHOOLS.
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg6of73 Trans ID: LCV20233033518
PAS-L-002086-22 08/19/2022 3:21:42 PM Pg 30f8 Trans ID: LCV20223015480
13, From August 2018 to the present, Plaintiff has maintained his position as a
supervisor/manager with extremely positive reviews.
14. In or about April 2021, Javier Valle resigned from his position as Coordinator of
Facilities of Defendant, PASSAIC PUBLIC SCHOOLS.
15. Coordinator of Facilities is a position superior in scope of duties and salary to
Plaintiffs then and current position as Facilities Manager.
16. A Coordinator of Facilities is required to have certain certifications to hold said
position.
17. A Coordinator of Facilities is required to have the experience and skills necessary to
manage a broad spectrum of subordinate managers and employees covering all of the facilities
within the district.
18. Plaintiff obtained a certification from the State of New Jersey, Department of
Education, as a Certified Educational Facilities Manager on March 31, 2021.
19. Plaintiff obtained a certification from Rutgers University, New Jersey School
Buildings and Grounds Association, for the New Jersey Educational Facility Management Program
on May 27, 2021.
20. From April through June 2021, Plaintiff assumed the duties of Coordinator of
Facilities while the position was vacant.
ale In June 2021, Plaintiff possessed the requisite managerial experience and skills for the
position of Coordinator of Facilities.
22. In June 2021, Plaintiff possessed the requisite certifications for the position of
Coordinator of Facilities.
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg7of73 Trans ID: LCV20233033518
PAS-L-002086-22 08/19/2022 3:21:42 PM Pg 4o0f8 Trans DDp LCV20223015480
23. Jn June 2021, Plaintiffapplied and interviewed with Defendant, PASSAIC PUBLIC
SCHOOLS, for the vacant position of Coordinator of Facilities.
24, In June 2021, Marvin Chambers, a security personnel employed by Defendant,
PASSAIC PUBLIC SCHOOLS, applied for and interviewed with Defendant, PASSAIC PUBLIC
SCHOOLS, for the vacant position of Coordinator of Facilities.
25. In June 2021, William Schratz, a general maintenance worker employed by
Defendant, PASSAIC PUBLIC SCHOOLS, applied for and interviewed with Defendant, PASSAIC
PUBLIC SCHOOLS, for the vacant position of Coordinator of Facilities.
26. Both Chambers and Schratz did not have any prior supervisory or managerial
experience in the district.
2M Both Chambers and Shratz did not possess the requisite certifications for the position
of Coordinator of Facilities.
28. Christina Schratz is a current member of Defendant, PASSAIC BOARD OF
EDUCATION, and was the President of the Board in June 2021.
29. Christina Schratz is the daughter of William Schratz.
30. Defendant, PASSAIC PULBIC SCHOOLS, has a Nepotism policy pertaining to the
employment of relatives of administrative and supervisory employees and board members of
Defendants, PASSAIC PUBLIC SCHOOLS and PASSAIC BOARD OF EDUCATION.
Bile Defendant, PASSAIC BOARD OF EDUCATION, has a Conflicts of Interest policy
pertaining to the conduct of members of the board.
32. Defendant, PASAIC BOARD OF EDUCATION, has a Code of Ethics pertaining to
the conduct of members of the board.
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 8of73 Trans ID: LCV20233033518
PAS-L-002086-22 08/19/2022 3:21:42 PM Pg5of8 Trans D ) LCV20223015480
33. On June 29, 2021 Defendant, PASSAIC PUBLIC SCHOOLS, through appointment
by Defendant, PASAIC BOARD OF EDUCATION, hired William Schratz to the position of
Coordinator of Facilities.
34. Upon information and belief, it was known to Defendants, PASSAIC PUBLIC
SCHOOLS and PASSAIC BOARD OF EDUCATION, that William Schratz had previously been
disciplined and suspended for improper conduct as an employee of Defendant, PASSAIC PUBLIC
SCHOOLS.
35. Upon information and belief, it was known to Defendants, PASSAIC PUBLIC
SCHOOLS and PASSAIC BOARD OF EDUCATION, that William Schratz did not have any prior
supervisory or managerial experience commensurate with the position of Coordinator of Facilities.
36. Upon information and belief, it was known to Defendants, PASSAIC PUBLIC
SCHOOLS and PASSAIC BOARD OF EDUCATION, that William Schratz did not possess the
requisite certifications for the position of Coordinator of Facilities.
37. Upon information and belief, Defendant, PASSAIC PUBLIC SCHOOLS, has never
employed an African American as Coordinator of Facilities.
COUNT I
Violation of New Jersey Law Against Discrimination “NJLAD” N.J.S.A 10:5-1, et ses
38. Plaintiff repeats and reaffirms the prior paragraphs as if set forth verbatim herein.
39. As an African American, Plaintiff is in a racially protected class under NJILAD.
40. Plaintiff was the most qualified, if not the only person qualified, for the vacant
position of Coordinator of Facilities among all individuals who applied and interviewed for said
position.
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg9of73 Trans ID: LCV20233033518
PAS-L-002086-22 08/19/2022 3:21:42 PM Pg6of8 Trans ID: LCV20223015480
41. Defendants, PASSAIC PUBLIC SCHOOLS and PASSAIC BOARD OF
EDUCATION, hired William Schratz, the father of then Board President Christina Schratz, as
Coordinator of Facilities even though William Schratz was not qualified for said position.
42. Defendants, PASSAIC PUBLIC SCHOOLS and PASSAIC BOARD OF
EDUCATION, committed an unlawful discrimination and/or an unlawful employment practice when
they hired William Schratz as Coordinator of Facilities over Plaintiff.
43. As a proximate result of the aforesaid improper conduct of the Defendants, Plaintiff
has suffered and will continue to suffer into the future, severe personal hardships including anxiety,
emotional distress, adjustment problems, lack of information, sleep disturbance, humiliation, mental
pain and anguish, wage and benefits loss, litigation expenses, counsel fees and such other and further
losses as are established at trial.
WHEREFORE, Plaintiff hereby demands judgment against Defendants for:
a. appointment of Plaintiffto the position of Coordinator ofFacilities with back
pay and benefits accruing from June 29, 2021;
compensatory damages;
punitive damages;
litigation costs and attorney’s fees;
implementation of remedial measures to address the issues of racial
discrimination within the Passaic Public School;
implementation of remedial measures to address the issue of nepotism within
the Passaic Public Schools;
implementations of remedial measures to address the issue of conflict of
interest within the Passaic Public Schools;
implementation of remedial measures to address the issue of ethics violations
within the Passaic Public Schools; and
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg10of73 Trans ID: LCV20233033518
PAS-L-002086-22 08/19/2022 3:21:42 PM Pg7of8 Trans ID: LCV20223015480
any other further relief deemed appropriate by the Court.
COUNT II
Violation of Policy and Unlawful Employment Practic
44. Plaintiff repeats and reaffirms the prior paragraphs as if set forth verbatim herein.
45. Defendants, PASSAIC PUBLIC SCHOOLS and PASSAIC BOARD OF
EDUCATION, committed an unlawful violation of its Nepotism policy and/or an unlawful
employment practice when they hired William Schratz as Coordinator of Facilities over Plaintiff.
46. Defendant, PASSAIC BOARD OF EDUCATION, acted contrary to its Conflict of
Interests policy when they hired William Schratz as Coordinator of Facilities over Plaintiff.
47. Defendant, PASSAIC BOARD OF EDUCATION, acted contrary to its Ethics policy
when they hired William Schratz as Coordinator of Facilities over Plaintiff.
48. As a proximate result of the aforesaid improper conduct of the Defendants, Plaintiff
has suffered and will continue to suffer into the future, severe personal hardships including anxiety,
emotional distress, adjustment problems, lack of information, sleep disturbance, humiliation, mental
pain and anguish, wage and benefits loss, litigation expenses, counsel fees and such other and further
losses as are established at trial.
WHEREFORE, Plaintiff hereby demands judgment against Defendants for:
a appointment of Plaintiffto the position of Coordinator of Facilities with back
pay and benefits accruing from June 29, 2021;
compensatory damages;
punitive damages;
litigation costs and attorney’s fees;
implementation of remedial measures to address the issues of nepotism
within the Passaic Public Schools;
7
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg1lof73 Trans ID: LCV20233033518
PAS-L-002086-22 08/19/2022 3:21:42 PM Pg
8 0f8 Trans 1D: LCV20223015480
implementations of remedial measures to address the issues of conflict of
interest within the Passaic Public Schools;
implementation of remedial measures to address the issues of ethics
violations within the Passaic Public Schools; and
any other further relief deemed appropriate by the Court.
DESIGNATION OF TRIAL COUNSEL
Pursuant to R. 4:5-1(c), James P. Kimball, Esq., is designated as trial counsel.
DEMAND FOR TRIAL BY JURY
Plaintiff hereby demands a trial by jury on all issues so triable.
STATEMENT OF DAMAGES
Plaintiff requests damages in the amount of $1,000,000.00.
DEMAND FOR INSURANCE INFORMATION
Pursuant to R. 4:10-2(b), Plaintiff demands confirmation and copies of all insurance
agreements applicable to all answering Defendants.
CERTIFICATION
Pursuant to R. 4:5-1, the undersigned certifies that the matter in controversy is not the subject
of any other action pending in any Court or of a pending arbitration proceeding.
SEIGEL LAW LLC
Attorneys for Plaintiff(s)
/s/ James P. Kimball
James P. Kimball, Esq.
Dated: August 19, 2022
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg12o0f73 Trans ID: LCV20233033518
PAS-L-002086-22 11/28/2022 2:52:46 PM Pg1of14 Trans ID: LCV20224071400
Peter P. Perla, Jr., Esq. 018991996
Susie B. Burns, Esq. (007481991)
PRB Attorneys at Law, LLC
1 Gateway Center, Suite 2600
Newark, New Jersey 07102
Tel: (973) 860-0555
Fax: (973) 446-2496
JASINSKI, PC
Attorneys for Defendants
Passaic Board of Education and
Passaic Public Schools (improperly pled)
JERMAINE MANN, SUPERIOR COURT OF NEW JERSEY
| LAW DIVISION — PASSAIC COUNTY
Plaintiff, | DOCKET NO: PAS-L-2086-22
V.
Civil Action
PASSAIC PUBLIC SCHOOLS, PASSAIC |
BOARD OF EDUCATION, JOHN DOES 1- | ANSWER AND AFFIRMATIVE
10 (fictitiously named) and ABC | DEFENSES, JURY DEMAND, TRIAL
COMPANIES 1-10 (fictitiously named), COUNSEL DESIGNATION
Defendants. |
Defendants Passaic Public Schools (improperly pled) and Passaic Board of
Education ("PBOE”) by and through their counsel, PRB Attorneys at Law, LLC, hereby
answer the Complaint as follows:
PBOE denies sufficient information or knowledge to either admit or deny the
allegations set forth in Preamble Paragraph of the Complaint and leave Plaintiff to his
proofs. To the extent a further response is required, PBOE denies the allegations in the
form as alleged and denies any and all liability.
AS TO: ALLEGATIONS APPLICABLE TO ALL COUNTS
4
The allegations set forth in Paragraph 1 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg130f73 Trans ID: LCV20233033518
PAS-L-002086-22 41/28/2022 2:52:46 PM Pg 2 of 14 Trans ID: LCV20224071400
required, PBOE denies the allegations in the form as alleged and denies any and all
liability.
2 The allegations set forth in Paragraph 2 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE admits the allegations set forth in this Paragraph, but denies any and all
liability.
3. The PBOE neither admits nor denies the allegations in Paragraph 3 of the
Complaint as they are not directed against this Defendant. To the extent a further
response is required, PBOE denies the allegations in the form as alleged and denies any
and all liability.
4 PBOE denies sufficient information or knowledge to either admit or deny the
allegations set forth in Paragraph 4 of the Complaint and leave Plaintiff to his proofs. To
the extent a further response is required, PBOE denies the allegations in the form as
alleged and denies any and all liability.
5 PBOE denies the allegations in Paragraph 5 of the Complaint in the form as
alleged and denies any and all liability; however, PBOE admits that Plaintiff was hired as
an employee of the PBOE on January 1, 2000.
6 PBOE denies the allegations in Paragraph 6 of the Complaint in the form as
alleged and denies any and all liability; however, PBOE admits that Plaintiff was hired as
a substitute Lunch Aide (part-time) by the PBOE on January 1, 2000.
7 PBOE admits the allegations set forth in Paragraph 7 of the Complaint, but
denies any and all liability.
8 PBOE denies the allegations in Paragraph 8 of the Complaint in the form as
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 14o0f73 Trans ID: LCV20233033518
PAS-L-002086-22 11/28/2022 2:52:46 PM Pg 3 of 14 Trans ID: LCV202240 1400
alleged and denies any and all liability; however, PBOE admits that Plaintiff did hold the
position of Assistant Custodian with the PBOE.
9 PBOE denies the allegations in Paragraph 9 of the Complaint in the form as
alleged and denies any and all liability; however, PBOE admits that Plaintiff did hold the
position of Head Custodian with the PBOE.
10. PBOE denies the allegations in Paragraph 10 of the Complaint in the form
as alleged and denies any and all liability; however, PBOE admits that Plaintiff currently
holds the position of Custodial Manager with the PBOE.
11. PBOE denies the allegations in Paragraph 11 of the Complaint in the form
as alleged and denies any and all liability; however, PBOE admits that Plaintiff is enrolled
in the Public Employee Retirement System (“PERS”).
12. PBOE denies the allegations in Paragraph 12 of the Complaint and denies
any and all liability.
13. PBOE denies the allegations in Paragraph 13 of the Complaint in the form
as alleged and denies any and all liability.
14. PBOE denies the allegations in Paragraph 13 of the Complaint in the form
as alleged and denies any and all liability; however, PBOE admits that Javier Valle
resigned from his position as Coordinator of Facilities for the PBOE in or about April 2021.
15. PBOE denies sufficient information or knowledge to either admit or deny the
allegations set forth in Paragraph 15 of the Complaint and leave Plaintiff to his proofs.
The allegations set forth in this Paragraph also constitute conclusions of law to which no
response is required. To the extent a further response is required, PBOE denies the
allegations in the form as alleged and denies any and all liability.
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg15of73 Trans ID: LCV20233033518
PAS-L-002086-22 11/ 022 2:52:46 PM Pg 4 of 14 Trans ID: LCV20224071400
16. PBOE denies the allegations in Paragraph 16 of the Complaint in the form
as alleged and denies any and all liability.
17. PBOE denies the allegations in Paragraph 17 of the Complaint in the form
as alleged and denies any and all liability.
18. PBOE denies sufficient information or knowledge to either admit or deny the
allegations set forth in Paragraph 18 of the Complaint and leave Plaintiff to his proofs. To
the extent a further response is required, PBOE denies the allegations in the form as
alleged and denies any and all liability.
19. PBOE denies sufficient information or knowledge to either admit or deny the
allegations set forth in Paragraph 19 of the Complaint and leave Plaintiff to his proofs. To
the extent a further response is required, PBOE denies the allegations in the form as
alleged and denies any and all liability.
20. PBOE denies the allegations in Paragraph 20 of the Complaint in the form
as alleged and denies any and all liability.
21. The allegations set forth in Paragraph 21 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE denies the allegations in the form as alleged and denies any and all
liability.
22. The allegations set forth in Paragraph 22 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE denies the allegations in the form as alleged and denies any and all
liability.
23. PBOE denies the allegations in Paragraph 23 of the Complaint in the form
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 16 of 73 Trans ID: LCV20233033518
S-L-002086-22 11/28/2022 2:52:46 PM Pg 5 of 14 Trans ID: LCV20224071400
as alleged and denies any and all liability; however, PBOE admits that Plaintiff interviewed
for the position of Coordinator of Facilities in June 2021 with the PBOE.
24. PBOE denies the allegations in Paragraph 24 of the Complaint in the form
as alleged and denies any and all liability; however, PBOE admits that Marvin Chambers
interviewed for the position of Coordinator of Facilities in June 2021 with the PBOE.
25. PBOE denies the allegations in Paragraph 25 of the Complaint in the form
as alleged and denies any and all liability; however, PBOE admits that William Schratz
interviewed for the position of Coordinator of Facilities in June 2021 with the PBOE.
26. The allegations set forth in Paragraph 26 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE denies the allegations in the form as alleged and denies any and all
liability.
27. The allegations set forth in Paragraph 27 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE denies the allegations in the form as alleged and denies any and all
liability.
28. PBOE admits the allegations set forth in Paragraph 28 of the Complaint, but
denies any and all liability.
29. PBOE admits the allegations set forth in Paragraph 29 of the Complaint, but
denies any and all liability.
30. The allegations set forth in Paragraph 30 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE denies the allegations in the form as alleged and denies any and all
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg17of73 Trans ID: LCV20233033518
PAS-L-002086-22 11/28/2022 2:52:46 PM Pg6of14 Trans ID: LCV20224071400
liability.
31. The allegations set forth in Paragraph 31 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE denies the allegations in the form as alleged and denies any and all
liability.
32. The allegations set forth in Paragraph 32 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE denies the allegations in the form as alleged and denies any and all
liability.
33. PBOE denies the allegations in Paragraph 33 of the Complaint in the form
as alleged and denies any and all liability; however, PBOE admits that William Schratz
was appointed to the position of Coordinator of Facilities by the PBOE on June 29, 2021.
34. The allegations set forth in Paragraph 34 of the Complaint constitute
conclusions of law to which no response is required. PBOE further denies sufficient
information or knowledge to either admit or deny the allegations set forth in this Paragraph
and leave Plaintiff to his proofs. To the extent a further response is required, PBOE
denies the allegations in the form as alleged and denies any and all liability.
35. The allegations set forth in Paragraph 35 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE denies the allegations in the form as alleged and denies any and all
liability.
36. The allegations set forth in Paragraph 36 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg18o0f73 Trans ID: LCV20233033518
PAS-L-002086-22 11/28/2022 2:52:46 PM Pg7ofi4 Trans ID: LCV20224071400
required, PBOE denies the allegations in the form as alleged and denies any and all
liability.
37. PBOE denies the allegations in Paragraph 37 of the Complaint in the form
as alleged and denies any and all liability.
COUNT!
As to: Violation of New Jersey Law Against Discrimination “NJLAD” N.J.S.A.
4 et seq,
38. PBOE repeats and makes a part hereof its responses to the allegations set
forth in Paragraphs 1 through 38 of the Complaint as though same were set forth at length
herein.
39. The allegations set forth in Paragraph 39 of the Complaint constitute
conclusions of law to which no response is required. PBOE further denies sufficient
information or knowledge to either admit or deny the allegations set forth in this Paragraph
and leave Plaintiff to his proofs. To the extent a further response is required, PBOE
denies any and all liability.
40. The allegations set forth in Paragraph 40 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE denies the allegations in this Paragraph and denies any and all liability.
41. The allegations set forth in Paragraph 41 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE denies the allegations in this Paragraph in the form as alleged and denies
any and all liability. 7
42. The allegations set forth in Paragraph 42 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 19 of 73 Trans ID: LCV20233033518
PAS-L-002086-22 11/28/2022 2:52:46 PM Pg 8 of 14 Trans ID; LCV20224071400
required, PBOE denies the allegations in this Paragraph and denies any and all liability.
43. The allegations set forth in Paragraph 43 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE denies the allegations in this Paragraph and denies any and all liability.
PBOE denies each and every allegation and requests for relief contained in the
WHEREFORE Paragraph of the Complaint, including subparts.
WHEREFORE, PBOE demands judgment in its favor and against Plaintiff,
dismissing Plaintiffs Complaint with prejudice, plus costs.
COUNT II
As to: Violation of Policy and Unlawful Employment Practice
44. PBOE repeats and makes a part hereof its responses to the allegations set
forth in Paragraphs 1 through 44 of the Complaint as though same were set forth at length
herein.
45. The allegations set forth in Paragraph 45 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE denies the allegations in this Paragraph and denies any and all liability.
46. The allegations set forth in Paragraph 46 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE denies the allegations in this Paragraph and denies any and all liability.
47. The allegations set forth in Paragraph 47 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
required, PBOE denies the allegations in this Paragraph and denies any and all liability.
48. The allegations set forth in Paragraph 48 of the Complaint constitute
conclusions of law to which no response is required. To the extent a further response is
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 20o0f73 Trans ID: LCV20233033518
PAS-L-002086-22 11/28/2022 2:52:46 PM Pg9of14 Trans ID: LCV2022407140
required, PBOE denies the allegations in this Paragraph and denies any and all liability.
PBOE denies each and every allegation and requests for relief contained in the
WHEREFORE Paragraph of the Complaint, including subparts.
WHEREFORE, PBOE demands judgment in its favor and against Plaintiff,
dismissing Plaintiffs Complaint with prejudice, plus costs.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
Plaintiffs Complaint fails to state a claim upon which relief can be granted.
SECOND AFFIRMATIVE DEFENSE
Plaintiff's claims are barred, in whole or in part, by the doctrines of waiver, estoppel,
acquiescence, laches and/or unclean hands.
THIRD AFFIRMATIVE DEFENSE
Plaintiffs claims are barred, in whole or in part, by the applicable statute of limitations.
FOURTH AFFIRMATIVE DEFENSE
Plaintiffs claims are barred, in whole or in part, by his failure to mitigate his alleged
damages.
FIFTH AFFIRMATIVE DEFENSE
Plaintiffs claims are barred by the doctrines of res judicata and/or collateral estoppel.
SIXTH AFFIRMATIVE DEFENSE
Plaintiff has failed to exhaust his administrative and/or internal remedies.
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 21of73 Trans ID: LCV20233033518
PAS-L-002086-22 11/28/2022 2:52:46 PM Pg 10 of 14 Trans ID: LCV20224071400
SEVENTH AFFIRMATIVE DEFENSE
Any and all alleged damages sustained by Plaintiff, if any, were proximately caused
by and/or were the sole responsibility of third persons over whom the PBOE exercised no
control or authority.
EIGHTH AFFIRMATIVE DEFENSE
At all times relevant hereto, the PBOE acted in a manner which was proper,
reasonable, lawful and in the exercise of good faith.
NINTH AFFIRMATIVE DEFENSE
All decisions made by the PBOE with respect to Plaintiff, and all actions taken with
respect to Plaintiffs employment with the PBOE, were made in good faith and on reasonable
business-related factors.
TENTH AFFIRMATIVE DEFENSE
The PBOE acted in accordance with reasonable and sound business judgment.
All decisions affecting Plaintiffs employment were not prejudicial, discriminatory or
unlawful, and were based on legitimate non-prejudicial/non-discriminatory reasons.
ELEVENTH AFFIRMATIVE DEFENSE
Neither the PBOE nor the PBOE’s employees engaged in any violations of the New
Jersey Law Against Discrimination.
TWELFTH AFFIRMATIVE DEFENSE
Plaintiff did not suffer any emotional distress caused by the conduct of the PBOE
or any of its agents or employees.
THIRTEENTH AFFIRMATIVE DEFENSE
The PBOE did not violate any of its policies or procedures.
10
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 22 0f73 Trans ID: LCV20233033518
PAS-L-002086-22 11/28/2022 2:52:46 PM Pg 11 of 14 Trans ID: LCV20224071400
FOURTEENTH AFFIRMATIVE DEFENSE
Plaintiff has not been injured within the meaning of the applicable law
FIFTEENTH AFFIRMATIVE DEFENSE
Plaintiff named improper parties in his Complaint.
SIXTEENTH AFFIRMATIVE DEFENSE
As to each and every cause of action in the Complaint, and as to the Complaint in
its entirety, Plaintiff has failed to state facts sufficient to support any award of damages.
SEVENTEENTH AFFIRMATIVE DEFENSE
Plaintiff suffered no losses or damages by reason of any alleged acts of the PBOE.
EIGHTEENTH AFFIRMATIVE DEFENSE
The proximate cause of Plaintiffs injuries, if any, was the conduct of Plaintiff, not that
of the PBOE.
NINETEENTH AFFIRMATIVE DEFENSE
The PBOE’s conduct and that of the PBOE’s employees constitute a just and
proper exercise of management discretion, undertaken for fair and legitimate reasons,
and regulated by good faith under the circumstances then existing.
TWENTIETH AFFIRMATIVE DEFENSE
The PBOE is not guilty of any wrongful conduct that was the proximate cause of the
damages complained.
TWENTY-FIRST AFFIRMATIVE DEFENSE
Defendant did not discriminate against Plaintiff.
TWENTY-SECOND AFFIRMATIVE DEFENSE
Assuming Plaintiff is found to have suffered damages, any damages were de
11
PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 23 0f73 Trans ID: LCV20233033518
PAS-L-002086-22 11/28/2022 2:52:46 PM Pg 12 of 14 Trans 1D: LCV202240 1400
minimus.
TWENTY-THIRD AFFIRMATIVE DEFENSE
Plaintiff's claims are frivolous and without foundation in fact, and are being pursued
against the PBOE in bad faith, for vexatious reasons, and for purposes of defaming or
harassing the PBOE.
TWENTY-FOURTH AFFIRMATIVE DEFENSE
To the extent that Plaintiff failed to comply with the statutory and/or jurisdictional
prerequisites for the institution of an action under
Preview
PAS-L-002086-22 10/04/2023 8:52:16 AM Pglof2 Trans ID: LCV20233033518 James P. Kimball, Esq. — 026251992 SEIGEL LAW LLC 505 Goffle Road Ridgewood, New Jersey 07450 (201) 444-4000 Attomeys for Plaintiff, Jermaine Mann JERMAINE MANN, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: PASSAIC COUNTY Plaintiff, vs. DOCKET NO. PAS-L-2086-22 PASSAIC PUBLIC SCHOOLS, PASSAIC Civil Adion BOARD OF EDUCATION, JOHN DOES 1- 10 (fictitiously named) and ABC NOTICE OF MOTION TO STRIKE COMPANIES 1-10 (fictitiously named), ANSWER & SUPPRESS DEFENSES OF DEFENDANTS PASSAIC PUBLIC Defendants. SCHOOLS AND PASSAIC BOARD OF EDUCATION FOR FAILURE TO PROVIDE DISCOVERY RESPONSES TO Susie B. Burns, Esq. PBR ATTORNEYS AT LAW, LLC 1 Gateway Center, Suite 2600 Newark, NJ 07102 Attomeys for Defendants, Passaic Public Schools and Passaic Board of Education COUNSEL: PLEASE TAKEN NOTICE that Seigel Law LLC, by James P. Kimball, Esq., attorney for the Plaintiff, Jermaine Mann, in the above-captioned action, will apply to the Superior Court of New Jersey, Passaic County, at the Passaic County Courthouse, 77 Hamilton Street, Paterson, New Jersey 07505 on October 20, 2023 at 9 o’clock in the forenoon or as soon thereafter as counsel may be heard for an Order Striking the Answer and Suppressing the Defenses without Prejudice of Defendants, Passaic Public Schools and Passaic Board of Education, for failure to serve certified answers to Plaintiff's First Set of Interrogatories. PAS-L-002086-22 10/04/2023 8:52:16 AM Pg2of2 Trans ID: LCV20233033518 Counsel for Plaintiff will rely upon the Certification attached to the Notice of Motion and waives oral argument and consents to the disposition on the papers pursuant to R. 1:6-2 if not opposition is filed. If opposition is filed, Plaintiff requests oral argument. Discovery End Date: 02/14/24 Arbitration Date: None Trial Date: None SEIGEL LAW LLC Attomey for Plaintiff, Jermaine Mann By: /s/ James P. Kimball James P. Kimball, Esq. Dated: October 3, 2023 I hereby certify that on this date, the Notice of Motion, Certification with Exhibits and proposed Order has been filed electronically via eC ourts with the Superior Court of New Jersey, Law Division, Passaic County. I further certify that a copy of the Notice of Motion, Certification with Exhibits and proposed Order was served on all counsel of record via eC ourts. SEIGEL LAW LLC Attomey for Plaintiff, Jermain Mann By: /s/ James P. Kimball James P. Kimball, Esq. Dated: October 3, 2023 PAS-L-002086-22 10/04/2023 8:52:16 AM Pglof1 Trans ID: LCV20233033518 James P. Kimball, Esq. — 026251992 SEIGEL LAW LLC 505 Goffle Road Ridgewood, New Jersey 07450 (201) 444-4000 Attorneys for Plaintiff, Jermaine Mann JERMAINE MANN, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: PASSAIC COUNTY Plaintiff, vs. DOCKET NO. PAS-L-2086-22 PASSAIC PUBLIC SCHOOLS, PASSAIC Civil Action BOARD OF EDUCATION, JOHN DOES 1-10 (fictitiously named) and ABC ORDER COMPANIES 1-10 (fictitiously named), Defendants. THIS MATTER, a Motion to Strike the Answer and Suppress the Defenses of Defendants, Passaic Public Schools and Passaic Board of Education, opened to the Court by James P. Kimball, Esq., of Seigel Law LLC, attorney for Plaintiff, Jermaine Mann, and on notice to Peter Perla, Esq., and Susie B. Burns, Esq., of PRB Attorneys at Law, LLC, attorneys for Defendants, Passaic Public Schools and Passaic Board of Education (herein “Defendants”), and good and sufficient cause having been shown: IT IS ON THIS DAY OF , 2023 ORDERED that the Answer of Defendants is hereby stricken and the Defenses of Defendants are hereby suppressed without prejudice for failure to timely serve provide certified responses to Plaintiff's First Set of Interrogatories; and it is further ORDERED that a copy of this Order be deemed served upon all parties via eCourts. Opposed { ] Unopposed [ ] PAS-L-002086-22 10/04/2023 8:52:16 AM Pg1of73 Trans ID: LCV20233033518 James P. Kimball, Esq. — 026251992 SEIGEL LAW LLC 505 Goffle Road Ridgewood, New Jersey 07450 (201) 444-4000 Attorneys for Plaintiff, Jermaine Mann JERMAINE MANN, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: PASSAIC COUNTY Plaintiff, vs. DOCKET NO. PAS-L-2086-22 PASSAIC PUBLIC SCHOOLS, PASSAIC Civil Action BOARD OF EDUCATION, JOHN DOES 1-10 (fictitiously named) and ABC CERTIFICATION COMPANIES 1-10 (fictitiously named), Defendants. I, James P. Kimball, of full age and duly sworn upon my oath, certify as follows: 1 I am an Attorney-at-Law of the State of New Jersey and a partner with Seigel Law LLC; I have been entrusted with the representation of Plaintiff, Jermaine Mann (herein “Plaintiff”) in this matter; and | am fully familiar with the facts pertaining to it. 2 The Complaint in this matter was filed on August 19, 2022. See a true copy of the filed Complaint attached hereto as Exhibit “A.” 4 3 An Answer was filed by Defendants, Passaic Public Schools and Passaic Board of Education on November 28, 2022. See a true copy of the filed Answer attached hereto as Exhibit “B.” 4 Plaintiff served a Cover Letter and Plaintiff’s First Set of Interrogatories on counsel for Defendants on May 9, 2023. See a true copy of Cover Letter and Plaintiff's First Set of Interrogatories attached hereto as Exhibits “C” and “D” respectively. PAS-L-002086-22 10/04/2023 8:52:16 AM Pg2of73 Trans ID: LCV20233033518 5 Plaintiff served these discovery demands via email. See a true copy of the email sent to defense counsel on May 9, 2023 attached hereto as Exhibit “E.” 6 The 60-day time period to serve certified answers to Plaintiffs First Set of Interrogatories pursuant to R. 4:17-4b expired on July 10, 2023. 7. On August 18, 2023 Plaintiff served a “good faith” follow-up request for Defendants’ discovery responses along with another copy of the initial set of interrogatories and indicated that said responses should be supplied within 10 days to avoid motion practice. See a true copy of Good Faith Letter attached hereto as Exhibit “F.” 8 Plaintiff served this Good Faith Letter via email. See a true copy of the email sent to defense counsel on August 18, 2023 attached hereto as Exhibit “G.” 9 On August 30, 2023 counsel for Defendants sent an email request to Plaintiff requesting an additional 30 days to respond to the discovery demands. See a true copy of the email sent from Susie B. Burns, Esq., to James P. Kimball, Esq., on August 30, 2023 attached hereto as Exhibit “H.” 10. The additional 30-day period expired on September 29, 2023. 11. Defendants were served with Plaintiffs First Set of Interrogatories 147 days ago and have not provided any responses and have not requested any additional time to comply. 12. Plaintiff served his certified Answers to Defendant’s First Set of Interrogatories and responses to Defendant’s First Demand for Production of Documents on August 18, 2023 and is not delinquent in providing any discovery requested in this matter. 13. The time within which the requested discovery was to be served has expired and no formal motion for an extension of time to answer has been made pursuant to R. 4:17-4(b) and no answers to the interrogatories or documents have been served to date. PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 3of73 Trans ID: LCV20233033518 14. Plaintiff has afforded Defendants with adequate time to provide discovery response. 15 The requested discovery is pertinent to Plaintiff’s action. 16 It is respectfully requested that Plaintiff's Motion to Strike Defendants’ Answer and Suppress Defendants’ Defenses without Prejudice for failure to provide certified answers to interrogatories discovery be granted. I certify the foregoing statements made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. 4s/ James P. Kimball James P. Kimball, Esq. Dated: October 3, 2023 PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 4of73 Trans ID: LCV20233033518 PAS-L-002086-22 08/19/2022 3:21:42 PM Pg1of8 Trans ID: LCV20223015480 James P. Kimball, Esq. — 026251992 SEIGEL LAW LLC 505 Goffle Road Ridgewood, New Jersey 07450 (201) 444-4000 Attorneys for Plaintiff, Jermaine Mann JERMAINE MANN, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: PASSAIC COUNTY Plaintiff, vs. DOCKET NO. PAS-L- PASSAIC PUBLIC SCHOOLS, PASSAIC Civil Action BOARD OF EDUCATION, JOHN DOES 1- 10 (fictitiously named) and ABC COMPANIES 1-10 (fictitiously named), COMPLAINT, JURY DEMAND & DISCOVERY DEMANDS Defendants. Plaintiff, JERMAINE MANN (herein “Plaintiff’), residing at 224 Sixth Street, Apartment 2A, Passaic, New Jersey, by way of Complaint against Defendant(s) herein, allege as follows: ALLEGATIONS APPLICABLE TO ALL COUNTS 1 Defendant, PASSAIC PUBLIC SCHOOLS, is the entity that operates the city schools located in the City of Passaic with its offices located at 663 Main Street, Passaic, New Jersey. 2 Defendant, PASSAIC BOARD OF EDUCATION, is the governing body for Defendant, PASSAIC PUBLIC SCHOOLS, with its offices located at 663 Main Street, Passaic, New Jersey. 3 Defendants, JOHN DOES 1-10 and ABC COMPAINES 1-10 are fictitious and unidentified persons and/or entities who engaged in, are vicariously liable for, aided and abetted and/or contributed to the below described misconduct and are believed to be connected in some manner with Defendants, PASSAIC PUBLIC SCHOOLS and BOARD OF EDUCATION, and/or the incidents described herein as agents, servants, employees, employers, affiliated and related PAS-L-002086-22 10/04/2023 8:52:16 AM Pg5of73 Trans ID: LCV20233033518 PAS-L-002086-22 08/19/2022 3:21:42 PM Pg2of8 Trans ID: LCV20223015480 corporations, representatives, co-venturers, associates, managers, supervisors, licensors, licensees, insurers and/or were in some other manner responsible for the injuries and damages sustained by Plaintiff. 4 Plaintiffis an African American male born on February 2, 1979 and lives in the City of Passaic. 5 Plaintiff first became employed with Defendant, PASSAIC PUBLIC SCHOOLS, in or about the year 2000. 6 Plaintiff's first job with the district was as a part-time lunch aide which he held for approximately three years. mh Plaintiff then obtained full-time employment with the district as a general cafeteria worker which he held for approximately five years. 8 Plaintiff then continued full-time employment with the district as an assistant custodian which he held for approximately four years. 9 Plaintiff then continued full-time employment with the district as a head custodian which held for approximately six years. 10. In August 2018, Plaintiff secured his first managerial position with the district as Facilities Manager which he maintains to the present day. Il. As ofthe time of this Complaint, Plaintiff has accrued approximately 22 years in the Public Employee Retirement System (herein “PERS”) as an employee of Defendant, PASSAIC PUBLIC SCHOOLS. 12. Plaintiff has never been reprimanded or disciplined for conduct as an employee of Defendant, PASSAIC PUBLIC SCHOOLS. PAS-L-002086-22 10/04/2023 8:52:16 AM Pg6of73 Trans ID: LCV20233033518 PAS-L-002086-22 08/19/2022 3:21:42 PM Pg 30f8 Trans ID: LCV20223015480 13, From August 2018 to the present, Plaintiff has maintained his position as a supervisor/manager with extremely positive reviews. 14. In or about April 2021, Javier Valle resigned from his position as Coordinator of Facilities of Defendant, PASSAIC PUBLIC SCHOOLS. 15. Coordinator of Facilities is a position superior in scope of duties and salary to Plaintiffs then and current position as Facilities Manager. 16. A Coordinator of Facilities is required to have certain certifications to hold said position. 17. A Coordinator of Facilities is required to have the experience and skills necessary to manage a broad spectrum of subordinate managers and employees covering all of the facilities within the district. 18. Plaintiff obtained a certification from the State of New Jersey, Department of Education, as a Certified Educational Facilities Manager on March 31, 2021. 19. Plaintiff obtained a certification from Rutgers University, New Jersey School Buildings and Grounds Association, for the New Jersey Educational Facility Management Program on May 27, 2021. 20. From April through June 2021, Plaintiff assumed the duties of Coordinator of Facilities while the position was vacant. ale In June 2021, Plaintiff possessed the requisite managerial experience and skills for the position of Coordinator of Facilities. 22. In June 2021, Plaintiff possessed the requisite certifications for the position of Coordinator of Facilities. PAS-L-002086-22 10/04/2023 8:52:16 AM Pg7of73 Trans ID: LCV20233033518 PAS-L-002086-22 08/19/2022 3:21:42 PM Pg 4o0f8 Trans DDp LCV20223015480 23. Jn June 2021, Plaintiffapplied and interviewed with Defendant, PASSAIC PUBLIC SCHOOLS, for the vacant position of Coordinator of Facilities. 24, In June 2021, Marvin Chambers, a security personnel employed by Defendant, PASSAIC PUBLIC SCHOOLS, applied for and interviewed with Defendant, PASSAIC PUBLIC SCHOOLS, for the vacant position of Coordinator of Facilities. 25. In June 2021, William Schratz, a general maintenance worker employed by Defendant, PASSAIC PUBLIC SCHOOLS, applied for and interviewed with Defendant, PASSAIC PUBLIC SCHOOLS, for the vacant position of Coordinator of Facilities. 26. Both Chambers and Schratz did not have any prior supervisory or managerial experience in the district. 2M Both Chambers and Shratz did not possess the requisite certifications for the position of Coordinator of Facilities. 28. Christina Schratz is a current member of Defendant, PASSAIC BOARD OF EDUCATION, and was the President of the Board in June 2021. 29. Christina Schratz is the daughter of William Schratz. 30. Defendant, PASSAIC PULBIC SCHOOLS, has a Nepotism policy pertaining to the employment of relatives of administrative and supervisory employees and board members of Defendants, PASSAIC PUBLIC SCHOOLS and PASSAIC BOARD OF EDUCATION. Bile Defendant, PASSAIC BOARD OF EDUCATION, has a Conflicts of Interest policy pertaining to the conduct of members of the board. 32. Defendant, PASAIC BOARD OF EDUCATION, has a Code of Ethics pertaining to the conduct of members of the board. PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 8of73 Trans ID: LCV20233033518 PAS-L-002086-22 08/19/2022 3:21:42 PM Pg5of8 Trans D ) LCV20223015480 33. On June 29, 2021 Defendant, PASSAIC PUBLIC SCHOOLS, through appointment by Defendant, PASAIC BOARD OF EDUCATION, hired William Schratz to the position of Coordinator of Facilities. 34. Upon information and belief, it was known to Defendants, PASSAIC PUBLIC SCHOOLS and PASSAIC BOARD OF EDUCATION, that William Schratz had previously been disciplined and suspended for improper conduct as an employee of Defendant, PASSAIC PUBLIC SCHOOLS. 35. Upon information and belief, it was known to Defendants, PASSAIC PUBLIC SCHOOLS and PASSAIC BOARD OF EDUCATION, that William Schratz did not have any prior supervisory or managerial experience commensurate with the position of Coordinator of Facilities. 36. Upon information and belief, it was known to Defendants, PASSAIC PUBLIC SCHOOLS and PASSAIC BOARD OF EDUCATION, that William Schratz did not possess the requisite certifications for the position of Coordinator of Facilities. 37. Upon information and belief, Defendant, PASSAIC PUBLIC SCHOOLS, has never employed an African American as Coordinator of Facilities. COUNT I Violation of New Jersey Law Against Discrimination “NJLAD” N.J.S.A 10:5-1, et ses 38. Plaintiff repeats and reaffirms the prior paragraphs as if set forth verbatim herein. 39. As an African American, Plaintiff is in a racially protected class under NJILAD. 40. Plaintiff was the most qualified, if not the only person qualified, for the vacant position of Coordinator of Facilities among all individuals who applied and interviewed for said position. PAS-L-002086-22 10/04/2023 8:52:16 AM Pg9of73 Trans ID: LCV20233033518 PAS-L-002086-22 08/19/2022 3:21:42 PM Pg6of8 Trans ID: LCV20223015480 41. Defendants, PASSAIC PUBLIC SCHOOLS and PASSAIC BOARD OF EDUCATION, hired William Schratz, the father of then Board President Christina Schratz, as Coordinator of Facilities even though William Schratz was not qualified for said position. 42. Defendants, PASSAIC PUBLIC SCHOOLS and PASSAIC BOARD OF EDUCATION, committed an unlawful discrimination and/or an unlawful employment practice when they hired William Schratz as Coordinator of Facilities over Plaintiff. 43. As a proximate result of the aforesaid improper conduct of the Defendants, Plaintiff has suffered and will continue to suffer into the future, severe personal hardships including anxiety, emotional distress, adjustment problems, lack of information, sleep disturbance, humiliation, mental pain and anguish, wage and benefits loss, litigation expenses, counsel fees and such other and further losses as are established at trial. WHEREFORE, Plaintiff hereby demands judgment against Defendants for: a. appointment of Plaintiffto the position of Coordinator ofFacilities with back pay and benefits accruing from June 29, 2021; compensatory damages; punitive damages; litigation costs and attorney’s fees; implementation of remedial measures to address the issues of racial discrimination within the Passaic Public School; implementation of remedial measures to address the issue of nepotism within the Passaic Public Schools; implementations of remedial measures to address the issue of conflict of interest within the Passaic Public Schools; implementation of remedial measures to address the issue of ethics violations within the Passaic Public Schools; and PAS-L-002086-22 10/04/2023 8:52:16 AM Pg10of73 Trans ID: LCV20233033518 PAS-L-002086-22 08/19/2022 3:21:42 PM Pg7of8 Trans ID: LCV20223015480 any other further relief deemed appropriate by the Court. COUNT II Violation of Policy and Unlawful Employment Practic 44. Plaintiff repeats and reaffirms the prior paragraphs as if set forth verbatim herein. 45. Defendants, PASSAIC PUBLIC SCHOOLS and PASSAIC BOARD OF EDUCATION, committed an unlawful violation of its Nepotism policy and/or an unlawful employment practice when they hired William Schratz as Coordinator of Facilities over Plaintiff. 46. Defendant, PASSAIC BOARD OF EDUCATION, acted contrary to its Conflict of Interests policy when they hired William Schratz as Coordinator of Facilities over Plaintiff. 47. Defendant, PASSAIC BOARD OF EDUCATION, acted contrary to its Ethics policy when they hired William Schratz as Coordinator of Facilities over Plaintiff. 48. As a proximate result of the aforesaid improper conduct of the Defendants, Plaintiff has suffered and will continue to suffer into the future, severe personal hardships including anxiety, emotional distress, adjustment problems, lack of information, sleep disturbance, humiliation, mental pain and anguish, wage and benefits loss, litigation expenses, counsel fees and such other and further losses as are established at trial. WHEREFORE, Plaintiff hereby demands judgment against Defendants for: a appointment of Plaintiffto the position of Coordinator of Facilities with back pay and benefits accruing from June 29, 2021; compensatory damages; punitive damages; litigation costs and attorney’s fees; implementation of remedial measures to address the issues of nepotism within the Passaic Public Schools; 7 PAS-L-002086-22 10/04/2023 8:52:16 AM Pg1lof73 Trans ID: LCV20233033518 PAS-L-002086-22 08/19/2022 3:21:42 PM Pg 8 0f8 Trans 1D: LCV20223015480 implementations of remedial measures to address the issues of conflict of interest within the Passaic Public Schools; implementation of remedial measures to address the issues of ethics violations within the Passaic Public Schools; and any other further relief deemed appropriate by the Court. DESIGNATION OF TRIAL COUNSEL Pursuant to R. 4:5-1(c), James P. Kimball, Esq., is designated as trial counsel. DEMAND FOR TRIAL BY JURY Plaintiff hereby demands a trial by jury on all issues so triable. STATEMENT OF DAMAGES Plaintiff requests damages in the amount of $1,000,000.00. DEMAND FOR INSURANCE INFORMATION Pursuant to R. 4:10-2(b), Plaintiff demands confirmation and copies of all insurance agreements applicable to all answering Defendants. CERTIFICATION Pursuant to R. 4:5-1, the undersigned certifies that the matter in controversy is not the subject of any other action pending in any Court or of a pending arbitration proceeding. SEIGEL LAW LLC Attorneys for Plaintiff(s) /s/ James P. Kimball James P. Kimball, Esq. Dated: August 19, 2022 PAS-L-002086-22 10/04/2023 8:52:16 AM Pg12o0f73 Trans ID: LCV20233033518 PAS-L-002086-22 11/28/2022 2:52:46 PM Pg1of14 Trans ID: LCV20224071400 Peter P. Perla, Jr., Esq. 018991996 Susie B. Burns, Esq. (007481991) PRB Attorneys at Law, LLC 1 Gateway Center, Suite 2600 Newark, New Jersey 07102 Tel: (973) 860-0555 Fax: (973) 446-2496 JASINSKI, PC Attorneys for Defendants Passaic Board of Education and Passaic Public Schools (improperly pled) JERMAINE MANN, SUPERIOR COURT OF NEW JERSEY | LAW DIVISION — PASSAIC COUNTY Plaintiff, | DOCKET NO: PAS-L-2086-22 V. Civil Action PASSAIC PUBLIC SCHOOLS, PASSAIC | BOARD OF EDUCATION, JOHN DOES 1- | ANSWER AND AFFIRMATIVE 10 (fictitiously named) and ABC | DEFENSES, JURY DEMAND, TRIAL COMPANIES 1-10 (fictitiously named), COUNSEL DESIGNATION Defendants. | Defendants Passaic Public Schools (improperly pled) and Passaic Board of Education ("PBOE”) by and through their counsel, PRB Attorneys at Law, LLC, hereby answer the Complaint as follows: PBOE denies sufficient information or knowledge to either admit or deny the allegations set forth in Preamble Paragraph of the Complaint and leave Plaintiff to his proofs. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all liability. AS TO: ALLEGATIONS APPLICABLE TO ALL COUNTS 4 The allegations set forth in Paragraph 1 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is PAS-L-002086-22 10/04/2023 8:52:16 AM Pg130f73 Trans ID: LCV20233033518 PAS-L-002086-22 41/28/2022 2:52:46 PM Pg 2 of 14 Trans ID: LCV20224071400 required, PBOE denies the allegations in the form as alleged and denies any and all liability. 2 The allegations set forth in Paragraph 2 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE admits the allegations set forth in this Paragraph, but denies any and all liability. 3. The PBOE neither admits nor denies the allegations in Paragraph 3 of the Complaint as they are not directed against this Defendant. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all liability. 4 PBOE denies sufficient information or knowledge to either admit or deny the allegations set forth in Paragraph 4 of the Complaint and leave Plaintiff to his proofs. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all liability. 5 PBOE denies the allegations in Paragraph 5 of the Complaint in the form as alleged and denies any and all liability; however, PBOE admits that Plaintiff was hired as an employee of the PBOE on January 1, 2000. 6 PBOE denies the allegations in Paragraph 6 of the Complaint in the form as alleged and denies any and all liability; however, PBOE admits that Plaintiff was hired as a substitute Lunch Aide (part-time) by the PBOE on January 1, 2000. 7 PBOE admits the allegations set forth in Paragraph 7 of the Complaint, but denies any and all liability. 8 PBOE denies the allegations in Paragraph 8 of the Complaint in the form as PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 14o0f73 Trans ID: LCV20233033518 PAS-L-002086-22 11/28/2022 2:52:46 PM Pg 3 of 14 Trans ID: LCV202240 1400 alleged and denies any and all liability; however, PBOE admits that Plaintiff did hold the position of Assistant Custodian with the PBOE. 9 PBOE denies the allegations in Paragraph 9 of the Complaint in the form as alleged and denies any and all liability; however, PBOE admits that Plaintiff did hold the position of Head Custodian with the PBOE. 10. PBOE denies the allegations in Paragraph 10 of the Complaint in the form as alleged and denies any and all liability; however, PBOE admits that Plaintiff currently holds the position of Custodial Manager with the PBOE. 11. PBOE denies the allegations in Paragraph 11 of the Complaint in the form as alleged and denies any and all liability; however, PBOE admits that Plaintiff is enrolled in the Public Employee Retirement System (“PERS”). 12. PBOE denies the allegations in Paragraph 12 of the Complaint and denies any and all liability. 13. PBOE denies the allegations in Paragraph 13 of the Complaint in the form as alleged and denies any and all liability. 14. PBOE denies the allegations in Paragraph 13 of the Complaint in the form as alleged and denies any and all liability; however, PBOE admits that Javier Valle resigned from his position as Coordinator of Facilities for the PBOE in or about April 2021. 15. PBOE denies sufficient information or knowledge to either admit or deny the allegations set forth in Paragraph 15 of the Complaint and leave Plaintiff to his proofs. The allegations set forth in this Paragraph also constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all liability. PAS-L-002086-22 10/04/2023 8:52:16 AM Pg15of73 Trans ID: LCV20233033518 PAS-L-002086-22 11/ 022 2:52:46 PM Pg 4 of 14 Trans ID: LCV20224071400 16. PBOE denies the allegations in Paragraph 16 of the Complaint in the form as alleged and denies any and all liability. 17. PBOE denies the allegations in Paragraph 17 of the Complaint in the form as alleged and denies any and all liability. 18. PBOE denies sufficient information or knowledge to either admit or deny the allegations set forth in Paragraph 18 of the Complaint and leave Plaintiff to his proofs. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all liability. 19. PBOE denies sufficient information or knowledge to either admit or deny the allegations set forth in Paragraph 19 of the Complaint and leave Plaintiff to his proofs. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all liability. 20. PBOE denies the allegations in Paragraph 20 of the Complaint in the form as alleged and denies any and all liability. 21. The allegations set forth in Paragraph 21 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all liability. 22. The allegations set forth in Paragraph 22 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all liability. 23. PBOE denies the allegations in Paragraph 23 of the Complaint in the form PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 16 of 73 Trans ID: LCV20233033518 S-L-002086-22 11/28/2022 2:52:46 PM Pg 5 of 14 Trans ID: LCV20224071400 as alleged and denies any and all liability; however, PBOE admits that Plaintiff interviewed for the position of Coordinator of Facilities in June 2021 with the PBOE. 24. PBOE denies the allegations in Paragraph 24 of the Complaint in the form as alleged and denies any and all liability; however, PBOE admits that Marvin Chambers interviewed for the position of Coordinator of Facilities in June 2021 with the PBOE. 25. PBOE denies the allegations in Paragraph 25 of the Complaint in the form as alleged and denies any and all liability; however, PBOE admits that William Schratz interviewed for the position of Coordinator of Facilities in June 2021 with the PBOE. 26. The allegations set forth in Paragraph 26 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all liability. 27. The allegations set forth in Paragraph 27 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all liability. 28. PBOE admits the allegations set forth in Paragraph 28 of the Complaint, but denies any and all liability. 29. PBOE admits the allegations set forth in Paragraph 29 of the Complaint, but denies any and all liability. 30. The allegations set forth in Paragraph 30 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all PAS-L-002086-22 10/04/2023 8:52:16 AM Pg17of73 Trans ID: LCV20233033518 PAS-L-002086-22 11/28/2022 2:52:46 PM Pg6of14 Trans ID: LCV20224071400 liability. 31. The allegations set forth in Paragraph 31 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all liability. 32. The allegations set forth in Paragraph 32 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all liability. 33. PBOE denies the allegations in Paragraph 33 of the Complaint in the form as alleged and denies any and all liability; however, PBOE admits that William Schratz was appointed to the position of Coordinator of Facilities by the PBOE on June 29, 2021. 34. The allegations set forth in Paragraph 34 of the Complaint constitute conclusions of law to which no response is required. PBOE further denies sufficient information or knowledge to either admit or deny the allegations set forth in this Paragraph and leave Plaintiff to his proofs. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all liability. 35. The allegations set forth in Paragraph 35 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in the form as alleged and denies any and all liability. 36. The allegations set forth in Paragraph 36 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is PAS-L-002086-22 10/04/2023 8:52:16 AM Pg18o0f73 Trans ID: LCV20233033518 PAS-L-002086-22 11/28/2022 2:52:46 PM Pg7ofi4 Trans ID: LCV20224071400 required, PBOE denies the allegations in the form as alleged and denies any and all liability. 37. PBOE denies the allegations in Paragraph 37 of the Complaint in the form as alleged and denies any and all liability. COUNT! As to: Violation of New Jersey Law Against Discrimination “NJLAD” N.J.S.A. 4 et seq, 38. PBOE repeats and makes a part hereof its responses to the allegations set forth in Paragraphs 1 through 38 of the Complaint as though same were set forth at length herein. 39. The allegations set forth in Paragraph 39 of the Complaint constitute conclusions of law to which no response is required. PBOE further denies sufficient information or knowledge to either admit or deny the allegations set forth in this Paragraph and leave Plaintiff to his proofs. To the extent a further response is required, PBOE denies any and all liability. 40. The allegations set forth in Paragraph 40 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in this Paragraph and denies any and all liability. 41. The allegations set forth in Paragraph 41 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in this Paragraph in the form as alleged and denies any and all liability. 7 42. The allegations set forth in Paragraph 42 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 19 of 73 Trans ID: LCV20233033518 PAS-L-002086-22 11/28/2022 2:52:46 PM Pg 8 of 14 Trans ID; LCV20224071400 required, PBOE denies the allegations in this Paragraph and denies any and all liability. 43. The allegations set forth in Paragraph 43 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in this Paragraph and denies any and all liability. PBOE denies each and every allegation and requests for relief contained in the WHEREFORE Paragraph of the Complaint, including subparts. WHEREFORE, PBOE demands judgment in its favor and against Plaintiff, dismissing Plaintiffs Complaint with prejudice, plus costs. COUNT II As to: Violation of Policy and Unlawful Employment Practice 44. PBOE repeats and makes a part hereof its responses to the allegations set forth in Paragraphs 1 through 44 of the Complaint as though same were set forth at length herein. 45. The allegations set forth in Paragraph 45 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in this Paragraph and denies any and all liability. 46. The allegations set forth in Paragraph 46 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in this Paragraph and denies any and all liability. 47. The allegations set forth in Paragraph 47 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is required, PBOE denies the allegations in this Paragraph and denies any and all liability. 48. The allegations set forth in Paragraph 48 of the Complaint constitute conclusions of law to which no response is required. To the extent a further response is PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 20o0f73 Trans ID: LCV20233033518 PAS-L-002086-22 11/28/2022 2:52:46 PM Pg9of14 Trans ID: LCV2022407140 required, PBOE denies the allegations in this Paragraph and denies any and all liability. PBOE denies each and every allegation and requests for relief contained in the WHEREFORE Paragraph of the Complaint, including subparts. WHEREFORE, PBOE demands judgment in its favor and against Plaintiff, dismissing Plaintiffs Complaint with prejudice, plus costs. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Plaintiffs Complaint fails to state a claim upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE Plaintiff's claims are barred, in whole or in part, by the doctrines of waiver, estoppel, acquiescence, laches and/or unclean hands. THIRD AFFIRMATIVE DEFENSE Plaintiffs claims are barred, in whole or in part, by the applicable statute of limitations. FOURTH AFFIRMATIVE DEFENSE Plaintiffs claims are barred, in whole or in part, by his failure to mitigate his alleged damages. FIFTH AFFIRMATIVE DEFENSE Plaintiffs claims are barred by the doctrines of res judicata and/or collateral estoppel. SIXTH AFFIRMATIVE DEFENSE Plaintiff has failed to exhaust his administrative and/or internal remedies. PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 21of73 Trans ID: LCV20233033518 PAS-L-002086-22 11/28/2022 2:52:46 PM Pg 10 of 14 Trans ID: LCV20224071400 SEVENTH AFFIRMATIVE DEFENSE Any and all alleged damages sustained by Plaintiff, if any, were proximately caused by and/or were the sole responsibility of third persons over whom the PBOE exercised no control or authority. EIGHTH AFFIRMATIVE DEFENSE At all times relevant hereto, the PBOE acted in a manner which was proper, reasonable, lawful and in the exercise of good faith. NINTH AFFIRMATIVE DEFENSE All decisions made by the PBOE with respect to Plaintiff, and all actions taken with respect to Plaintiffs employment with the PBOE, were made in good faith and on reasonable business-related factors. TENTH AFFIRMATIVE DEFENSE The PBOE acted in accordance with reasonable and sound business judgment. All decisions affecting Plaintiffs employment were not prejudicial, discriminatory or unlawful, and were based on legitimate non-prejudicial/non-discriminatory reasons. ELEVENTH AFFIRMATIVE DEFENSE Neither the PBOE nor the PBOE’s employees engaged in any violations of the New Jersey Law Against Discrimination. TWELFTH AFFIRMATIVE DEFENSE Plaintiff did not suffer any emotional distress caused by the conduct of the PBOE or any of its agents or employees. THIRTEENTH AFFIRMATIVE DEFENSE The PBOE did not violate any of its policies or procedures. 10 PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 22 0f73 Trans ID: LCV20233033518 PAS-L-002086-22 11/28/2022 2:52:46 PM Pg 11 of 14 Trans ID: LCV20224071400 FOURTEENTH AFFIRMATIVE DEFENSE Plaintiff has not been injured within the meaning of the applicable law FIFTEENTH AFFIRMATIVE DEFENSE Plaintiff named improper parties in his Complaint. SIXTEENTH AFFIRMATIVE DEFENSE As to each and every cause of action in the Complaint, and as to the Complaint in its entirety, Plaintiff has failed to state facts sufficient to support any award of damages. SEVENTEENTH AFFIRMATIVE DEFENSE Plaintiff suffered no losses or damages by reason of any alleged acts of the PBOE. EIGHTEENTH AFFIRMATIVE DEFENSE The proximate cause of Plaintiffs injuries, if any, was the conduct of Plaintiff, not that of the PBOE. NINETEENTH AFFIRMATIVE DEFENSE The PBOE’s conduct and that of the PBOE’s employees constitute a just and proper exercise of management discretion, undertaken for fair and legitimate reasons, and regulated by good faith under the circumstances then existing. TWENTIETH AFFIRMATIVE DEFENSE The PBOE is not guilty of any wrongful conduct that was the proximate cause of the damages complained. TWENTY-FIRST AFFIRMATIVE DEFENSE Defendant did not discriminate against Plaintiff. TWENTY-SECOND AFFIRMATIVE DEFENSE Assuming Plaintiff is found to have suffered damages, any damages were de 11 PAS-L-002086-22 10/04/2023 8:52:16 AM Pg 23 0f73 Trans ID: LCV20233033518 PAS-L-002086-22 11/28/2022 2:52:46 PM Pg 12 of 14 Trans 1D: LCV202240 1400 minimus. TWENTY-THIRD AFFIRMATIVE DEFENSE Plaintiff's claims are frivolous and without foundation in fact, and are being pursued against the PBOE in bad faith, for vexatious reasons, and for purposes of defaming or harassing the PBOE. TWENTY-FOURTH AFFIRMATIVE DEFENSE To the extent that Plaintiff failed to comply with the statutory and/or jurisdictional prerequisites for the institution of an action under