FEB-26-2015 14:56 From:H.C.LAW DEPT. 201 795 6428 To:19006880885 P.5, 45 DONATO J. BATTISTA HUDSON COUNTY COUNSEL ADMINISTRATION BUILDING ANNEX 567 PAVONIA AVENUE JERSEY CITY, NEW JERSEY 07306 (201) 795-6250 BY: MICHAEL L. DERMODY (ID #02468-1980) FIRST ASSISTANT COUNTY COUNSEL ATTORNEY FOR DEFENDANTS, COUNTY OF HUDSON and HUDSON COUNTY CORRECTIONAL CENTER JOEY McCLARY Plaintiff, : SUPERIOR COURT OF NEW JERSEY : LAW DIVISION: HUDSON COUNTY :DOCKET NO. HUD-L-5250-14 v. COUNTY OF HUDSON - NEW JERSEY,: CIVIL ACTION HUDSON COUNTY CORRECTIONAL : CENTER Defendants, COUNTY OF HUDSON - NEW JERSEY : HUDSON COUNTY CORRECTIONAL : CENTER v. Third Party Plaintiffs, SUMMONS ON A THIRD PARTY COMPLAINT PATRICIA AIKEN, EdPDLaw, LTD., LOCAL PBA #109, JOHN DOES, JANE DOES, ABC, INC. and XYZ, INC. : (said names being fictitious) Third Party Defendants. The Plaintiff, named above, has filed a lawsuit against you in the Superior Court of New Jersey. The complaint attached to this summons states the basis for this lawsuit, if you dispute this complaint, you and your attorney must file a written answer or motion and proof of service with the in the county listed above within thirty five (35) days from the date you received this summons, not counting the date you received it. (A directory of the addresses of each deputy clerk of the Superior Court is available in the Civil Division Management Office in the county listed above and online at http://www.j udiciary.state.nj. us/prose/10153 _dcptyc lcrklawre Epd I.) If the complaint is one
FEB-26-2015 14:56 From:H.C.LAW DEPT. 201 795 6428 To:19086880885 P.6/45 in foreclosure. then you must file your written answer or motion and proof of service with the Clerk of the Superior Court. Hughes Justice Complex, P.O. Box 971, Trenton, New Jersey 08625-0971. A filing fee payable to the Treasurer, State of New Jersey and a completed Case Information Statement (available from the deputy clerk of the Superior Court) must accompany your answer or motion when it is filed. You must also sent a copy of your answer or motion to Plaintiff's attorney whose name and address appear above, or to Plaintiff; if no attorney is named above. A telephone call will not protect your rights; you must file and serve a written answer or motion (with fee of $175.00 and completed Case Information Statement) if you want the court to hear your defense. If you do not file and serve a written answer or motion within thirty (35) days, the court may enter a judgment against you for the relief Plaintiff demands, plus interest and cost of suit. If judgment is entered against you, the Sheriff may seize your money, wages or property to pay all or part of the judgment. If you cannot afford an attorney, you may call the Legal Services Office in the county where you live or the Legal Services of New Jersey Statewide Hotline at 1-888-LSNJ-LAW (1-888-576-5529). If you do not have an attorney and are not eligible for free legal assistance, you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A directory with contact information for local Legal Services Offices and Lawyer Referral Services is available in the Civil Division Management Office in the county listed above and online at littn://www,judiciary.state.nj.us/lgi 53 deptvelcrk law r_q1-4. Date: (-/ II/1 (C (44 z (4k, ) f;%( Clerk of the Superior Court Name of Defendant to be Served: EdPDLaw Address of Defendant to be Served: 30 Macintosh Court, Egg Harbor Township, NJ
FEB-26-2015 14:57 From:H.C.LAW DEPT. 201 795 6428 T0:191386e808e5 P.7'45 Directory of Superior Court Deputy Clerk's Offices County Lawyer Referral and Legal Services Offices ATLANTIC COUNTY: Civil Division, Direct Filing 1201 Bacharach Blvd., First Fl. Atlantic City, NJ 08401 BERG EN COUNTY: Civil Division, Room 115 Justice Center, 10 Main St, Ilackcosack, NJ 07601 BURLINGTON COUNTY: Central Processing Office Attn: Judicial Intake First FL, Courts Facility 49 Rancocas Rd. Mt. Holly, NJ 08060 CAMDEN COUNTY: Civil Processing Office Hall of Justice 1st Fl., Suite 150 101 South 5 th Street Camden, NJ 08103 CAPE MAY COUNTY: 9 N. Main Street Cape May Court House, NJ 08210 CUMBERLAND COUNTY: Civil Case Management oil-1(x 60 West Broad Street P.O. Box 10 Bridgeton, NJ 08302 ESSEX COUNTY: Civil Customer Service Hall of Records, Room 201 465 Dr, Martin Luther King Jr. Blvd. Newark, NJ 07102 (609) 345-3444 (609) 348-4200 (201) 488-0044 (201) 487-2166 (609) 261-4862 (609) 261-1088 (856) 482-0618 (856) 964-2010 (609) 463-0313 (609) 465-3001 (856) 696-5550 (856) 691-0494 (973) 622-6204 (973) 624-4500 Directory Of Superior Court Deputy Clerk's Offices I County Lawyer Referral and Legal Services Page 1 of 3 Revised 08121/2013, CN: 10153
FEB-26-2015 14:57 Fr 0 111 H. C. LAW DEPT. 201 795 6428 To:19086830885 P.8-45 GLOUCESTER COUNTY: Civil Case Management Office Attu: I ntakc First FL, Court House 1 North Broad Street Woodbury, NJ 08096 HUDSON COUNTY: Superior Court, Civil Records Dept. Brennan Court 1 louse lst Floor 583 Newark Ave. Jersey City, NJ 07306 HUNTERDON COUNTY: Civil Division 65 Park Avenue Flemington, NJ 08822 MERCER COUNTY: Local Filing Office, Courthouse 175 S. Broad Street. P.O. Box 8068 Trenton, NJ 08650 MIDDLESEX COUNTY:, Middlesex Vicinage 2nd Floor - Tower 56 Paterson Street, P.O. Box 2633 Now Brunswick, NJ 08903-2633 MONMOUTH COUNTY: Court House P.O. Box 1269 Freehold, NJ 07728.1269 MORRIS COUNTY: Morris County Courthouse Civil Division Washington and Court Streets P. O. Box 910 Morristown, NJ 07963-0910 OCEAN COUNTY: 118 Washington Strcct, Room 121 P.O. Box 2191 Toms River, NJ 08754-2191 (856) 848-4589 (856) 848-5360 (201) 7982727 (201) 792-6363 (908) 236-6109 (908) 782-7979 (609) 585-6200 (609) 695-6249. (732) 828-0053 (732) 249-7600 (732) 431-5544 (732) 866-0020 (973) 267-5882 (973) 285-6911 (732) 240-3666 (732) 341-2727 Directory of Superior Court Deputy Clerk's Offices / County Lawyer Referral and Legal Services Page 2 of 3 Revised 08121/2013, CN: 10153
FEB-26-2015 14:57 From:H.C.LAW DEPT. 201 795 6428 To:19086880885 P.9'45 PASSAIC COUNTY: Civil Division Court House 77 Hamilton Street Paterson, NJ 07505 SALEM COUNTY: Attn: Civil Case Management Office 92 Market Street Salem, NJ 08079 SOMERSET COUNTY: Civil Division P.O. Box 3000 40 North Bridge Street Somerville, N.J. 08876 SUSSEX COUNTY: Sussex County Judicial Center 43-47 High Street Newton, NJ 07860 UNION COUNTY: 1st PI,. Court House 2 Broad Street Elizabeth, NJ 07207-6073 WARREN COUNTY: Civil Division Office Court House 413 Second Street Belvidere, NJ 07823-1500 (973) 278-9223 (973) 523-2900 (856) 935-5629 (856) 691-0494 (908) 685-2323 (908) 231-0840 (973) 267-5882 LF,CJAL SERVICES (973) 383-7400 (908) 353-4715 (908) 354-4340 (908) 859-4300 (908) 475-2010 Directory of Superior Court Deputy Clerk's Offices / County Lawyer Referral and Legal Services Page 3 of 3 Revised 08/21/2013, CN: 10153
FEB-26-2015 14:57 From:H.C.LAW DEPT. 201 795 6428 To:19086880885 P.10'45 DONATO J. BATTISTA HUDSON COUNTY COUNSEL ADMINISTRATION BUILDING ANNEX 567 PAVONIA AVENUE JERSEY CITY, NEW JERSEY 07306 (201) 795-6250 BY MICHAEL L. DERMODY (ID #02468-1980) FIRST ASSISTANT COUNTY COUNSEL i9led TEAR)? #? ATTORNEY FOR DEFENDANTS, COUNTY OF HUDSON and HUDSON COUNTY CORRECTIONAL CENTER 1 `,) SUPFRIOR f JEW:3F' COUNTY r ' : " " ". - JOEY McCLARY Plaintiff, : SUPERIOR COURT OF NEW JERSEY : LAW DIVISION: HUDSON COUNTY DOCKET NO. HUD-L-5250-14 V. CIVIL ACTION COUNTY OF HUDSON - NEW JERSEY, HUDSON COUNTY CORRECTIONAL CENTER Defendants v. ANSWER TO COMPLAINT PATRICIA AIKEN, EDPD LAW, LOCAL PRA 109 and JOHN DOES, JANE DOES, ABC INC and XYZ INC. (said names being fictitious) Third Party Plaintiffs. AND.JURY DEMAND AND THIRD PARTY COMPLAINT Defendants, County of Hudson and Hudson County Correctional Center byway of Answer to Plaintiffs Complaint say: PARTIES 1. Admitted. 2. It is admitted that the County of Hudson is a body politic of the State of New Jersey. 3, Admitted,
FEB-26-2015 14:57 From:H.C.LAW DEPT. 201 795 6429 To:19086880895 P.11/45 STATEMENT OF FACTS 1. - 13. Defendants have insufficient information to form a belief to the truth of the allegations in this paragraph of Plaintiffs complaint therefore, they are neither admitted nor denied. 14. Defendants have insufficient information to form a belief as to the truth of the allegations concerning the disclosures Plaintiff refers to in this paragraph of Plaintiff' s complaint. Plaintiff s allegations of there being a hostile work environment and retaliation by County Correctional Center are denied. 15. - 19. Defendants have insufficient information to form a belief to the truth of the allegations in this paragraph of Plaintiffs complaint therefore, they are neither admitted nor denied. 20. The answering Defendants have insufficient information to form a belief as to the truth of the allegations characterizing what occurred. It is admitted that Sgt. Larnbos brought disciplinary charges and referred the matter to the Hudson County Prosecutor's Office. All other allegations in this paragraph of Plaintiffs complaint are denied. 21, - 25. Defendants have insufficient information to form a belief to the truth of the allegations in this paragraph of Plaintiffs complaint therefore, they are neither admitted nor denied. 26. It is admitted that the Hudson County Prosecutor's Office notified the Correctional Center that it will not be taking any action; however, it is not clear to what this paragraph refers so the remaining allegation in this paragraph and the implication
FEB-26-2015 14:57 From:H.C.LAW DEPT. 201 795 6428 To:19086880885 P.12/45 therefrom are either denied or the answering Defendant has insufficient information and belief to admit or deny the allegations. 27. It is admitted that Officer McClary reported or complained to the County. The other allegations made in this complaint characterizing those allegations are either denied or the answering Defendants have insufficient information to form a belief as to the truth of those allegations and therefore they are neither admitted nor denied. 28. - 37. Defendants have insufficient information to form a belief to the truth of the allegations in this paragraph of Plaintiffs complaint therefore, they are neither admitted nor denied. 38. - 39. Denied. COUNT ONE New Jersey Conscienious Employee Protection Act, N.J.S.A. 34:6A25 to 50 (hereinafter "C.E.P.A.") I. Defendants repeat and reallege every answer to Plaintiffs allegations contained in the Parties and Statement of Facts of Plaintiffs Complaint as if same was set forth at length therein. 2. - 4. Defendants have insufficient information to form a belief to the truth of the allegations in this paragraph of Plaintiff's complaint therefore, they are neither admitted nor denied. 5. Denied.
FEB-26-2015 14:57 From:H.C.LAW DEPT. 201 795 6428 To:19086880885 P.13'45 WHEREFORE, the answering Defendants, demand judgment against the Plaintiff dismissing the Plaintiffs Complaint, for attorneys fees, interest, costs of suit, and such other relief as the Court may deem equitable and just under the circumstances. SECOND COUNT Emotional Distress 1. Defendants repeat and reallege every answer to Plaintiffs allegations contained in the Parties, Statement of Facts and Count One of Plaintiffs Complaint as if same was set forth at length therein. 2. - 5. Denied. WHEREFORE, the Answering Defendants, demand judgment against the Plaintiff dismissing the Plaintiffs Complaint, for attorneys fees, interest, costs of suit, and such other relief as the Court may deem equitable and just under the circumstances. THIRD COUNT Violation of Public Policy 1. Defendants repeat and rcallege every answer to Plaintiffs allegations contained in the Parties, Statement of Facts and in Counts One and Two of Plaintiffs Complaint as if same was set forth at length therein. 2. Denied. 3. - 4. Defendants have insufficient information to form a belief to the truth of the allegations in this paragraph of Plaintiffs complaint therefore, they are neither admitted nor denied.
FEB-26-2015 14:58 From:H.C.LAW DEPT. 201 795 6428 To:19086880885 P.14/45 5. - 11. Denied. WHEREFORE, the Answering Defendants, demand judgment against the Plaintiff dismissing the Plaintiffs Complaint, for attorneys fees, interest, costs of suit, and such other relief as the Court may deem equitable and just under the circumstances. FOURTH COUNT Exem plary.11a es 1. Defendants repeat and reallege every answer to Plaintiffs allegations contained in the Parties, Statement of Facts and in Counts One, Two and Three of Plaintiffs Complaint as if same was set forth at length therein. 2. Deni ed. WHEREFORE, the Answering Defendants, demand judgment against the Plaintiff dismissing the Plaintiff's Complaint, for attorneys fees, interest, costs of suit, and such other relief as the Court may deem equitable and just under the circumstances. AFFIRMATIVE DEFENSES 1. Plaintiff's Complaint is barred as it fails to state claim upon which relief my be granted. 2. Plaintiff's Complaint is barred as a result of insufficiency of service of process. 3. Defendant is not responsible for the incidents complained of as it was as a result of the negligence of Plaintiff or Third Persons over whom this party has or had no control.
FEB-26-2015 14:58 From:H.C.LAW DEPT. 201 795 6428 To:19086880885 P.15/45 4. Defendant, County of Hudson, denies that it was negligent, however, and in the event the Defendant is found to have been negligent. its negligence is not greater than the negligence of the Plaintiffs, therefore, barring this claim. In the event the Plaintiff becomes entitled to a recovery, said recovery should be diminished in accordance with the New Jersey Joint Tortfeasors Act and the Comparative Negligence Statutes N.J.S.A. 2A:15-1 and N.J.S.A. 2A:53A-1, et seq., respectively. 5. This Defendant denies that it was negligent and asserts that its negligence, if any, should be reduced by the percentage of negligence attributable to any other party pursuant to the aforementioned statutes. 6. The Plaintiffs Complaint is barred by the statutes of limitations. 7. This Defendant violated no legal duty owed to anyone. 8. The Plaintiffs Complaint is barred by the failure of the Plaintiff to comply with the provisions of the New Jersey Tort Claim Acts N.J.S.A. 59:1-1 et mi., including the notices provisions governed by Chapter VIII of the Tort Claims Act. 9. Plaintiff did not sustain any injury. 10. No willfulness or malice was involved in any of the events concerning the factual basis upon which this suit has been instituted. 11. There was no reckless conduct involved in any of the events concerning the factual basis upon which this suit has been instituted. 12. The answering Defendant is immune from liability pursuant to the provisions of N.J.S.A. 59:3-1 et seq.
FEB-26-2015 14:58 From:H.C.LRW DEPT. 201 795 6428 To:19086880885 P.16/45 13. Any action on the part of the answering defendant was in the nature of a discretionary activity within the meaning of N.J.S.A. 59:3-2 and, accordingly. no liability may be imposed upon the answering Defendant 14. Negligence, if any on the part of the answering Defendant was not the proximate cause of any damages or injuries which may have been sustained by the Plaintiff 15. There has been no deprivation to Plaintiff of any right, privilege or immunity secured by the constitution or the laws of the United States or the State of New Jersey. 16. The answering Defendant is not liable since it acted in good faith at all times. 17. The answering Defendant is not liable to the Plaintiff because they followed all relevant policies of their employer. 18. The answering Defendant is not liable to the Plaintiff because they are absolutely immune and/or qualifiedly immune. 19. This action is barred by the failure of Plaintiff to exhaust local and administrative remedies. 20. This action is barred as there is no proximate cause between what the answering Defendant did or did not do and the incidents alleged, and Defendants' conduct did not necessarily cause any injury.
FEB-26-2015 14:58 From:H.C.LAW DEPT. 201 795 6428 To:19086880885 P.17/45 21. Whatever the answering Defendant did or did not do was done with proper motive and based on constitutionally acceptable grounds. 22. Plaintiff has received all of the substantive and procedural process due her. 23. The answering Defendant was properly trained and instructed. 24. The answering Defendant owed no duty, as is alleged, to Plaintiff either under general negligence principles, civil rights principles, nor under any provisions of any State Statute, nor under any provision of the State or the United States Constitutions. 25. The answering Defendant did not engage in any conspiracy in any manner to deprive Plaintiff of any rights due her under the law. 26 The answering Defendant engaged in no acts of discrimination towards the Plaintiff. 27. The answering Defendant engaged in no acts of harassment toward the Plaintiff 28. The Plaintiff has waived her right to bring this suit or action against the Defendant. 29. The Plaintiff is estopped from proceeding with this alleged cause of action. 30. Defendant is not responsible in this lawsuit as Plaintiff has failed to comply with the prerequisites of the Conscientious Employee Protection Act for bringing suit such as complaininv, in writing to the appropriate person and at the appropriate time. 3 I Plaintiff's claim must be dismissed as she cannot prove the elements of any theory of liability under the Conscientious Employee Protection Act.
FEB-26-2015 14:59 From:H.C.LAW DEPT. 201 795 6428 To:190868E10885 P.18'45 32. Plaintiff's complaint is barred as everything Defendant did with respect to her employment was rational, justified, and Plaintiff was treated as all other employees are treated. 33. Plaintiff's complaint is barred as whatever employment process was taken with respect to her was as a result of Plaintiff's own conduct. 34. Plaintiffs complaint is barred as whatever disciplinary process was followed by the employer was pursuant to New Jersey Statute and the New Jersey Civil Service Code. 35. Plaintiff's complaint is barred as this lawsuit is bound by collateral estoppel and/or res judicata to a process followed in another forum, the Employment Disciplinary Process in the Administrative Office of the Courts pursuant to New Jersey Statute and New Jersey Administrative Code. 36. Plaintiffs complaint under the Conscientious Employee Protection Act must be dismissed as what the Defendants did or did not do was not in violation of any law or any rule or regulation promulgated pursuant to law. 37. Plaintiff s CEPA claim must be dismissed as none of the Plaintiffs provided information to or testified before any public body conducting an investigation, hearing or inquiry into any alleged violation of law or rule or regulation promulgated pursuant to law. 38. Plaintiffs complaint under CEPA must be dismissed as Plaintiffs did not object or refuse to participate in any activity, policy or practice which the employee reasonably believed was in violation of a law or rule or regulation promulgated pursuant
FEB-26-2015 14:59 From:H.C.LAW DEPT. 201 795 6428 To:19086880885 P.19/45 to law, was fraudulent or criminal, or was incompatible with the clear mandate of public policy. 39. Plaintiff's allegations other than CEPA must be dismissed as under the CEPA Statute, it is an exclusive remedy and all other theories are waived. 40. Plaintiff's constructive discharge allegation must fall as Plaintiff cannot meet the elements of a constructive discharge claim. 41. Plaintiffs allegations of hostile work environment must fall as Plaintiff cannot set forth facts demonstrating the elements of a hostile work environment; i.e., that a reasonable woman or person under the circumstances would believe that the employment environment is hostile. 42. Plaintiff's claims of outrage or the intentional infliction of emotion distress must be dismissed as Plaintiff cannot show Defendants intent to commit a particular act that was extreme and outrageous, that proximately caused, emotional distress, was or would be so severe that no reasonable person could be expected to endure it. 43. Plaintiff's allegations of non-compliance with any handbook or contract must fail as Defendants complied with all requirements set forth in their handbook. 44. Plaintiffs claims of breach of public policy must fail as Plaintiff cannot prove any facts to support such a claim including, but not limited to, that she was wrongfully discharged or that whatever happened or did not happen with respect to Plaintiff was contrary to the clear mandate of public policy.
FEB-26-2015 14:59 From:H.C.LAW DEPT. 201 795 6428 To:19086880885 P.20/45.A.)<11 5 AND CROSS-CLAIM FOR CON') RI BUTION 1. Defendant, County of Hudson, hereby demands contribution from the Plaintiff and any and all co-defendants, in accordance with Comparative Negligence and Joint Tortfeasors Contribution Statutes N.J.S.A. 2A:15-1 et seq. and N.J.S.A. 2A:53A-1 e seq. respectively. CLAIM AND CROSS-CLAIM FOR INDEMNIFICATION 1. If the Defendant, County of Hudson, become responsible for any judgment, it is hereby asserted that if negligence, if any, was merely constructive, technical, imputed or vicarious and that the primary and responsible negligence was on the part of the Plaintiff and any and all co-defendants. 2. Further, the co-defendants, are obligated by operation of law and contracts expressly and otherwise to indemnify the County and hold them harmless from any claims which are the subject matter of this lawsuit. WHEREFORE. Defendants, County of Hudson, demand judgment against the Plaintiff, dismissing any affirmative claims against the County, entering judgment against all parties other than the County, and for attorney fees, interests, costs of suit and such other relief as the Court may deem equitable and just. JURY DEMAND Defendants, demand a trial by jury on all issues.
FEB-26-2015 14:59 From:H.C.LAW DEPT. 201 795 6428 To:19086880885 P.21/45 DESIGNATION OF TRIAL COUNSEL Pursuant to R. 4:25-4, MICHAEL L. DERMODY, is designated as trial counsel for the above captioned matter. CERTIEMADQNE.4.:5d I hereby certify that the matter in controversy is not the subject of any other action pending in any court and is likewise not the subject to any pending arbitration proceeding..1 further certify that I have no knowledge of any contemplated action or arbitration proceeding which is contemplated regarding the subject matter of this action and that I am not aware of any other parties who should be joined in this action. THIRD PARTY COMPLAINT COUNT ONE Defendants, County of Hudson and Hudson County Correctional Center, by way of Third Party Complaint says: 1. Plaintiff has filed a complaint against the Defendant's, a copy of which is attached hereto as Exhibit -A." 2. Plaintiff is entitled to recovery from Third Party Defendants, Patricia Aiken, EDPD Law, and Police Benevolent Association Local PBA109, all or part of what Plaintiff may recover from Third Party Plaintiffs based on the ground that the damages allegedly caused to the Plaintiff were caused by Third Part Defendants and not by any of the Hudson County Defendants.
FEB-26-2015 14:59 From:H.C.LAW DEPT. 201 795 6428 To:19086880885 P.22/45 WHEREFORE, Third Party Plaintiffs, demand judgment against the Third Party Defendants, Patricia Aiken, EDPD Law, Police Benevolent Association Local PBA109, and John Does, Jane Does, ABC Inc. And XYZ Inc., for all sums that may be adjudged against the County Defendants in favor of the Plaintiff. COUNT TWO 3. Defendants repeat and real lege and incorporate by reference paragraphs 1 through 2 and of Defendants' Third Party Complaint as if same was set forth at length therein. 4. Plaintiff alleges in consecutive Counts and paragraphs a series of facts concerning her treatment or at the Hudson County Correctional Center. 5. It i s alleged that any and all damages that may have occurred to the Plaintiff and consequently to the Third Party Plaintiff, are a result of acts or omissions of the Third Party Defendants and arise out of the same transaction or series of transactions as set forth in the original of Plaintiff's claim. WHEREFORE, Third Party Plaintiffs, demand judgment against the Third Party Defendants, Patricia Aiken, EDPD Law, Police Benevolent Association Local PISA 109, and John Does. Jane Does, ABC Inc. And XYZ Inc., for all sums that may be adjudged against the County Defendants in favor of the Plaintiff. COUNT THREE 6. Defendants repeat and real lege and incorporate by reference paragraphs 1 through 5 and of Defendants' Third Party Complaint as if same was set forth at length
FEB-26-2015 15:00 From:H.C.LAW DEPT. 201 795 6428 To:19086880885 P.23/45 therein. 7. Plaintiff has commenced an action against the Third Party Plaintiffs, making allegations including, but not limited to, violations of the Conscientious Employee Protection Act, Constructive Discharge, Infliction of Emotional Distress, Hostile Work Environment and violations of public policy. 8. At all times herein referred to, the Third Party Defendant, EDPD Law, as a body corporate or commercial of which Third Party Defendant, Patricia Aiken was a principal. Third Party Defendant, Police Benevolent Association Local PBA 109, is a union organized for the rank and file of corrections officers of the Hudson County Correctional Center who retained and paid Patricia Aiken and EDPD Law for their services. 9. The Plaintiff was injured by virtue of the operation and conduct of the Third Party Defendants as set forth more specifically in Plaintiffs complaint and therefore Plaintiff has instituted the above action to recover damages. 10. In the event the Plaintiff recovers judgment in such action against the Third Party Plaintiff, the Third Party Defendants shall and will become obligated to pay the Third Party Plaintiff' in the amount thereof WHEREFORE, Third Party Plaintiffs, demand judgment against the Third Party Defendants, Patricia Aiken, EDPD Law, Police Benevolent Association Local PBA 109, and John Does, Jane Does, ABC Inc. And XYZ Inc., for all sums that may be adjudged against the County Defendants in favor of the Plaintiff.
FEB-26-2015 15:00 From:H.C.LAW DEPT. 201 795 6428 To: 1 91218E881E095 P.24/45 COUNT FOUR 11. Defendants repeat and reallege and incorporate by reference paragraphs 1 through 10 and of Defendant's Complaint as if same was set forth at length therein. 12. Plaintiff has commenced an action against the County of Hudson and the Hudson County Correctional Center for the causes of action set forth in her complaint. 13. The said causes of action were instituted to recover damages against the County Defendants for injuries sustained which Plaintiff alleges were due to the negligence, among other things, of the County Defendants. 14. At the time and place specified in the complaint, Third Party Defendants, Patricia Aiken, EDPD Law, and Police Benevolent Association Local PBA 109, were responsible for that conduct, behavior, and the like, which caused the damages about which Plaintiff complains. 15. If it shall be found that the injuries and damages sustained by Plaintiff were chargeable to the County Defendants, then the County Defendants, as Third Party Plaintiffs, aver that Third Party Defendants arc also responsible and liable for same. 16. Third Party Plaintiffs aver that in the event that Plaintiff shall recover a judgment against the County Defendants on its complaint, and the County Defendants shall thereafter pay the amount due thereon, then Third Party Defendants, will become liable to contribute to the County Defendants an appropriate amount determined as a matter of law and provisions of State Statutes which may be applicable.
FEB-26-2015 15:00 From:H.C.LAW DEPT. 201 795 6428 To:19086890885 P.25'45 WHEREFORE, Third Party Plaintiffs, demand judgment against the Third Party Defendants, Patricia Aiken, EDPD Law, Police Benevolent Association Local PBA109, and John Does, Jane Does, ABC Inc. And XYZ Inc., for all sums that may be adjudged against the County Defendants in favor of the Plaintiff COUNT FIVE 17. Defendants repeat and reallege and incorporate by reference paragraphs 1 through 16 and of Defendant's Complaint as if same was set forth at length therein. 18. Third Party Defendants, John Doe, Jane Doe, ABC Inc. and XYZ Inc., are fictional Defendants whose identities are not yet known. 19. These fictional Defendants are or may be liable in the same way the named Third Party Defendants are liable as set forth in Counts One through Four of the Third Party Complaint inclusive. 20. If and when the identities of the fictional Defendants become known appropriate application will be made to the court to file an amended pleading or supplemental pleading to add those parties, persons. or entities to this litigation. 21. The fictional Third Party Defendants are employees and/or servants, representatives and agents of EDPD Law and Local PBA 109, and may be other corrections officers employed by the Hudson County Correctional Center who were acting beyond the scope of their employment and whose conduct may consist of that type of conduct alleged by Plaintiff in the initial complaint and by the Third Party Plaintiff in the Third Party Complaint.
FEB-26-2015 15:00 From:H.C.LAW DEPT. 201 795 6428 To:19086880885 P.26'45 WHEREFORE, Third Party Plaintiffs, demand judgment against the Third Party Defendants, Patricia Aiken, EDPD Law, Police Benevolent Association Local PBA109, and John Does, Jane Does. ABC inc. And XYZ Inc., for all sums that may be adjudged against the County Defendants in favor of the Plaintiff. Donato J. Battista Hudson Go ty Counsel Date: February 9, 2015 iehael L. Dermody First Assistant County Counsel
FEB-26-2015 15:00 From:H.C.LAW DEPT. 201 795 642e To:19086880885 P.27'45 EXHIBIT "A"