Case 3:17-cv-11914-BRM-DEA Document 1-1 Filed 11/21/17 Page 3 of 15 PageID: 7

L

THEODORE CAMPBELL

MAY I 9 2017

I.DJ 022511981
Law Offices of Theodore Campbell
1050 George Street Suite 3-0
New Brunswick, NJ 08901
732-828-4393
Attorney for Plaintiff

MEMONE CRYST1AN

MONMOUTH VICINAGE
CIVIL DESIGN
254

SUPERIOR COURT OF NEW
JERSEY

SIMMEE CRYSTIAN
MONMOUTH COUNTY
LAW DIVISION

Plaintiffs
vs.
RED BANK BOROUGH,
STANLEY SICKELS, ART
MURPHY, EUGENIA POULOUS,
TAMILA BUMBACK, AND
JOHN DOES 1-10

DOCKET NO:
CIVIL ACTION
COMPLAINT AND JURY
DEMAND

Defendants

Plaintiff, Memone Crystian and Simmee Crystian reside in the Borough
of Red Bank, County of Monmouth, State of New Jersey:
FIRST COUNT
(Parties)
1) The plaintiff, Memone Crystian, was hired and appointed as Director
of the Parks and Recreation for the Borough of Red Bank on April 27, 2010..
2) Plaintiff has been married to Simmee Crystian for sixteen years.

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3) The Defendant, Red Bank Borough is a municipal corporation
organized and existing under the laws of the State of New Jersey, located at 90
Monmouth St., Red Bank, New Jersey.
4) At all times hereinafter-mentioned Parks and Recreation is a
Department within the Borough of Red Bank.
5) At all times hereinafter-mentioned Stanley Sickels is the Borough
Administrator.
6 ) At all times hereinafter-mentioned Art Murphy is an elected
councilman for the Borough of Red Bank.
6 a) At all times hereinafter-mentioned Eugenia Portions is the Chief
Financial Officer (CFO) far the Borough of Red Bank.
6 b) At all times hereinafter-mentioned Tamila Bumback is an employee
of the Borough of Red Bank,
FACTUAL ALLEGATIONS
7) Memone Crystian, Plaintiff herein became employed by the Borough
of Red Bank on or about April of 2010 to the positon of Director of Parks and
Recreation. As Director, plaintiff reported directly to Stanley Sickels (Borough
Administrator).
8 ) Plaintiff terminated her employment with the Borough on or about
May 22,2015 after years of being subjected to a hostile work environment
generated by her supervisors, the named'defendants herein.
9) Crystian was selected for the position of Director by-way of an
interview process conducted by the Parks and Recreation Council Committee.
This Committee consisted of the three council members; namely, Juanita Lewis
as Chair, Councilwoman Sharon Lee and Councilman Art Murphy.
10) Plaintiff was informed during and after her selection by the Council
Councilman Murphy was strongly opposed to her selection and
sought to alter or adopt a new process whereby the full Council could review
the qualifications of the candidates prior to selection. However, Murphy was
overruled by committee members.
Committee that

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11) Plaintiff believes and avers that defendants, Sickels, Murphy and
other defendants engaged in calculated negative actions and conduct toward her
throughout her tenure to create stress, anxiety and her ultimate failure thus
prompting Crystlan’s constructive termination.
12) Plaintiff believes their actions were motivated by her race and
gender as an African American female. Plaintiff has been told by others who
either were employed or are currently employed (including volunteers) by the
Borough that both Sickels and Murphy have either made or entertained bias
racist comments, some of which were directed at plaintiff.
13) For example, defendant Sickels, upon coming to a meeting at one of
the Fire Department buildings in fee Borough, prior to plaintiff’s employment,
reportedly stated; “I just had a meeting with them niggers at DPW”,
Department of Public Works. When questioned about the comment by one of
those present, Sickels then attempted to recant.
14) Defendants Murphy and Sickels reportedly stated in the presence of
another council member at a local eatery “give her a bucket of fried chicken
and;make her happy”, referring to plaintiff. That statement was made in the
spring of 2015.
15) Additionally, some of defendant Murphy’s relatives associated with
the Borough have stated publicly that Art Murphy repeatedly voiced a desire to
terminate plaintiffs employment. Sean Murphy, the brother of Art and a
member of the Parks and Recreation Community Council Committee stated to
others, “I can't believe they hired that black bitch to the Parks and Recreation
Director”.
16) Examples of the negative treatment directed at plaintiff from the
beginning and throughout her tenure are exemplified in the following
paragraphs.
17) Art Murphy, who sat on the Parks and Recreation Counsel
Committee for several years during plaintiffs tenure, failed to attend any of the
Committee meetings and Advisory Committee meetings (70 in number) except
two; but yet defendant Murphy told citizens of the Red Bank Community
throughout her tenure that he (Murphy) is seeking to get rid of Crystian.
(18) After Crystian was selected as Director by the Township (Borough)
Council and she (Crystian) began negotiating the terms of her employment and
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salary with Stanley Sickels, Crystian requested the same starting anmial salary
as that of her predecessor. Sickels refused, indicating that as a new Director she
would have to work-up to a higher salary while stating; “we don’t do that we
tend to start at a salary rate lower than the person in the position before yon”.
Crystian was also told a college degree is required to fill the position.
(19) The two agreed on $65,000 as the starting annual salary. When
Crystian first spoke with Human Resources about the salary, Crystian was told
Sickels stated it was $63,500 and $1,500 toward the medical expense. Crystian
stated that was not the agreed amount and refused to accept that unilateral
change by Sickels. Sickels ultimately relented and $65,000 was her starting
salary. It is noteworthy that Crystian’s replacement as Acting Director, Tamila
Bumback began receiving the same annual salary’ ($71,000) as Crystian when
Crystian quit her position. Also, Bumback did not have a college degree.
(19a) It is noteworthy that Bumback received a higher salary upon being
hired than that of her predecessor. In fact Sickels was reluctant to pay the rate
Bumback received until plaintiff informed him she is Caucasian.
(20) Sickels later boasted to the local newspaper that “We got her at a
bargain price; the position was budgeted for $75,000 so we got her for $10,000
less,
(21) Crystian was not allowed to participate in the state pension program as a
public employee. The only Director for the Borough and fill! time employee of
the Borough, to which that distinction applied. Indeed when the Administrators
for the New Jersey Division of Pensions and Benefits decided Crystian and Eva
Biyiano, Human Resource Manager should be allowed to participate in the
program the year of 2014 the Borough Administrator by-way of the Chief
Financial Officer (CFO), Eugenia Poulous, decided to appeal that decision
seeking a reversal.
(22) It is noteworthy that the Borough Administrator did not appeal the
Division of Pensions decision to allow Human Resource Manager’s, Eva
Biviano participation in the pension, which occurred at the same time. Biviano
is Caucasian.
(23) Crystian was out on medical leave from her position as Director
during the year(s) 2012 for six (6) weeks and 2014 for approximately four (4)
months. Crystian was not allowed to use her significantly accumulated
flextime (one hour leave time for one hour of overtime) during her medical
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leaves, although she had 2 2 weeks of flex time during her first medical leave in
2012,
(24) Sickels, sent Crystian an e-mail when she attempted to use her flex
time announcing a new policy; that as a non-union employee she could onlyuse the accumulated flex time within a week of accumulating it, this new
policy was not in the HR handbook and was the first time plaintiff was made
aware of it Plaintiff believes she was the first employee subjected to this
alleged policy change.
(25) For example, Crystian* s secretary, Tamila Bumback, was allowed to
use comp time (same as flex time for union employees) when she (Tamila) was
out on medical leave in 2014.
(26) Additionally, Sickels told plaintiff at their initial meeting after her
appo mtment/hire as Director, that he was looking for someone to work 14-15
hour days and not have to worry about taking care of children. Therefore,
plaintiff was expected to work nights, holidays, weekend and often worked 60
hours or more each week,
(27) However, that policy did not apply to Tamila Bumback who
assumed the position of Acting Director during plaintiff’s medical leave the 4-5
months of 2014. Bumback told plaintiff in conversations during her leave that
Sickels allowed her to leave at 5:00 p.m. Tamila Bumback is Caucasian. It is
also noteworthy that Bumback received a 5% increase in pay during the same
period which was the first time a secretary in the Borough received an increase
in pay while substituting for her supervisor on leave, according to Sickels.
(28) Throughout Crystian’s tenure, administrative funds were withheld
from the Packs and Recreation Department, although budgeted for use.
(29) For example, Crystian’s predecessor and successor had for use at
least one fairly new recreation van for activities along with an assigned
personal vehicle for business use in the Borough and across Monmouth County,
Crystian was required to use the same IS passenger van used by her
predecessor, which had become old and in need of constant repair, for both
activities and business throughout the Borough and the County. Indeed,
plaintiffs successor has been provided with three (3) recreation vans and a
SUV Durango for Parks and Recreation business use.

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(30) Another example of harassment involves Chief Financial Officer
(CFO) Eugenia Poulous, who reported directly to defendant Sickejs.. Poulous
repeatedly and consistently reported to the Boroughs Council during Poulous’s
tenure 2013-2015, also to the Mayor and Parks and Recreation Council
Committee that the Parks and Recreation budget was vastly overrun which was
false, Sickels would then follow with memos instructing plaintiff to cease
certain planned activities. Plaintiff would also get questions and comments
from Council members about the budget.
(31) Plaintiff would then have to respond to all the appropriate parties
and demonstrate that her analysis for planned activities were all within the
budget
(32) In feet plaintiff had a stellar four year audit history as the Director.
Nevertheless in the spring of 2015, Sickels with Poulous as Liaison between
the Borough and Auditor initiated a grueling extensive audit that consumed
several days, unlike the prior audits toe Department had undergone during
plaintiff s tenure.
(33) The Auditor told Crystian that she did very well and that he had
informed the Administration that she cleared up the problems created by her
predecessor. The Auditor was referring to a prior extensive audit conducted in
2009* prior to plaintiffs employment which was tertoed a special audit and the
basis upon which Sickels terminated the previous Director, according to
information learned by the plaintiff.
(34) It is noteworthy that Sickels never provided Crystian with the results
of that intense special audit conducted in 2009 with its critical analysis and
constructive criticism to assist Crystian in preparing for the intense audit she
had to undergo as Director in 2015, an audit that Sickels apparently initiated.
(35) Crystian also complained during her tenure that her Department was
understaffed; but her complaints and requests for assistance were ignored.
Crystian had to utilize volunteers to conduct Parks and Recreation business and
activities.
(36) Sickels would have multiple excuses for his failure to hire a full
staff for plaintiffs Department.
(37) It is noteworthy that former Acting Director, Tamila Bumback, was
given a foil paid staff upon taking over for plaintiff in May of 2015.
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Thereafter, the plaintiff’s successor was also provided with a full paid staff
upon being appointed Director, in 2016.
(38) As a general proposition, plaintiff faced opposition from Sickels,
Murphy and some other Council members when she attempted to initiate
programs for the benefit of Red Bank’s youth and adult communities. Sickels
would often discourage activities and programs for ethnic minorities.
(39) Sickels and Murphy seemed more concerned about the youths from
neighboring towns and their ability to use Red Bank facilities.
(40) So it came as no surprise to plaintiff when Sickels made the obscene
cutthroat gesture while glaring at plaintiff during Juanita Lewis’s re-election
event. Lewis loss her bid for re-election, but Sickels while embracing Juanita
Lewis after Lewis’s apparent loss looked at plaintiff and ran his fingers across
his throat as if to say your days are numbered as Director, now that your
support is no longer on the Council.
(41) In January df 2:017 newly elected Coimcilwoman, Linda
Schwabenbaur, was appointed to chair the Parks and Recreation Council
Committee and, as such, she became plaintiff’s supervisor.
(42) In the spring of 2017, in a meeting between the two, Schwabenbaur
told plaintiff that Sickels asked her to terminate plaintiff but she did not have
documented grounds to.do so.
(43) Plaintiff recalls the conversation occurred before she (plaintiff) had
any substantive meetings with Schwabenbaur.
(44) Plaintiff also recalls being told by Tamila Bumback, something
similar when she (plaintiff) was out on medical leave.
(45) Apparently Sickels and Murphy had expressed to Bumback their
desire to get rid of Crystian while Crystian was away on medical leave.
Bumback told Crystian when Crystian returned from medical leave of the
conversations and stated she was tired of being in the middle. Plaintiff
perceives Bumback’s demeanor toward her began to change after that
conversation.
(46) Plaintiff believes all of the defendants actions enumerated above
were intended to harass alarm and force her out as Director. Plaintiff believes
her race and gender were motivating factors for those actions.
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(47) As a result of the actions of the named defendants, plaintiff has
suffered emotional, physical, and psychological harm, and interference with
employment, which forced her to terminate her employment with the Borough
of Red Bank.
(48) The above described conduct of the defendants constitutes unlawful
discrimination against the plaintiff within the meaning of the New Jersey Law
Against Discrimination, N.J.S.A. 10-5-1 et.seq.
WHEREFORE, Plaintiff demands judgment on this count against any and
all Defendants for compensatory damages, including lost wages, benefits^
punitive damages, together with interest, attorney Tees, cost of suit, and any
further relief the court deems equitable and just.
SECOND COUNT
(Intentional Infliction of Emotional Distress)
1. Plaintiffs repeat the allegations of the previous counts of the complaint
and incorporate same herein by reference.
2. The conduct of the Defendants constitutes the intentional infliction of
emotional distress against the plaintiff, Mem one Crystian
WHEREFORE, Plaintiff demands judgment on this count against airy and
all Defendants for compensatory damages, including lost wages, benefits,
punitive damages, together with interest, attorney foes, cost of suit, and any
further relief the court deems equitable and just.
THIRD COUNT
(PER QUOD Claim)
1. Plaintiffs repeat the allegations of the second count of the complaint
and incorporate same herein by reference.
2. At all relevant times herein Simmee Crystian was the husband of
Plaintiff Memone Crystian.
3. As a proximate result of the above described conduct and actions of
the Defendants, Simmee Crystian has suffered loss of society and consortium
as well as personal emotional anxiety.
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WHEREFORE, Plaintiff demands judgment on this count against any and
all Defendants for compensatory damages, including lost wages, benefits,
punitive damages, together with interest, attorney fees, cost of suit, and any
further relief the court deems equitable and just

FOURTH COUNT
(Constructive Discharge)
1. Plaintiffs repeat the allegations of the previous counts of the complaint
and incorporate same herein by reference.
2. The conduct of the Defendants toward the plaintiff Memone Crystian,
constitutes a pattern of harassment extending over a period of time which
forced her to terminate her employment,
3.
Defendants actions against plaintiff Edelstein were discriminatory
and in response to his efforts tp process his rightful claims to workmen’s
compensation ultimately terniinating his employment as an Edison fireman in
violation of NJ.SA. 3:15-39.1 et.scq.
WHEREFORE, Plaintiff demands judgment on this count against any and
all Defendants for compensatory damages, including lost wages, benefits,
punitive damages, together with interest, attorney fees, cost of suit, and any
fhrther relief the court deems equitable and just
FIFTH COUNT
(Aider and Abettor)
1. Plaintiffs repeat the allegations of the previous counts of the complaint
same herein by reference.

and incorporate

2. The named defendants aided each other in the harassment and creation
of a hostile work environment for plaintiff..
3. The conduct of Defendants violated plaintiffs rights under the New
Jersey Law Against Discrimination (NJ.S A. 10:5-1 et. seq.).
WHEREFORE, Plaintiff demands judgment on this count against any and
all Defendants for compensatory damages, including lost wages, benefits,

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punitive damages, together with interest, attorney fees, cost of suit, and any
further relief the court deems equitable and just.

(Violation of Civil

a Act of 1866)

1. Plaintiffs repeat the allegations of the previous counts of the complaint
and incorporate same herein by reference.
2. The conduct of the defendants violates plaintiff’s tights under the
Civil Rights Act of 1866 (42 USCA 1981). Defendant Borough of Red Bank is
an employer within the meaning of 42 USCA Sec. 1981 and 1983.,
3. WHEREFORE, Plaintiff demands j udgment on this count against any
and all Defendants for compensatory damages, including lost wages, benefits,
punitive damages, together with interest, attorney fees, cost of suit, and any
further relief the court deems equitable and just.
JURY DEMAND
Plaintiffs hereby demand trial by jury to all issues in this case.

Pursuant to Rule 4;25*4, Theodore Campbell is hereby designated as
trial counsel for Plaintiffs tn-the within matter.

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RULE 4:5-4 Certification
I hereby certify that the subject matter of the within complaint is not
subject matter of any other lawsuit, arbitration proceeding or contemplated
lawsuit or arbitration proceeding of which I am aware.

3q

Dated: 5-19-17

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■Appendix XH-Bl
Civil Case Information Statement

PayMentIt^pe:,
Chs/ckno..

Use for Initial Law Division
Civil Part pleadings (nbf motions) under Rule 4:5-1
Pleading will be reiocted for filing, under Rule 1:5-6(c),
H information above the black bar Is not completed
or attorney's signature is not affixed

ODD

8

Amount;
Overpayment;
Batchnumber.

TELEPHONE NUMBER

ATTORNEY/PROSE NAME

(732) 828-4383

Theodore Campbell

AA QfV Ais-O U \
DOCKET NUMBER (when available)

FIRM NAME (IfappU cable)

I aw OHIces of Theodore Campbell
DOCUMENT TYPE

OFFICE ADDRESS

1050 George Street
Suite 3-0
NAME

OF

PARTY

(eg,

John

Caption

Doe, Plaintiff)

Red Bank Borough.Stanley SIckels, Art Murphy, Eugenia Poulous,
Tamila Bumbaek and John Does 1-10.

Memon© Crystian; Plaintiff
&

jammed Crystian
CASE TYPE NUMBER

HURRICANE
RELATED?

(See reverse side for Wing)

SANDY

□ YES

IS THIS A PROFESSIONAL MALPRACTICE CASE?

□ YES ■ NO

610

IF YOU HAVE CHECKED "YES.’ SEE N.J.S.A. 2A;53 A -27 AND APPLICABLE
REGARDING YOURlOBUGATlON TO FILE AN AFFIDAVIT OF MERIT.

D Yen

□ Yea

NAME OF DEFENDANT'S PRIMARY INSURANCE COMPANY fif known)
□

THE mptmiMATION PROVIDED ON THIS FORM CANNOT BE IN

TW^ATIONSHIPr
-- F*- r-r‘-»V> JH.X- - KWPLoTCK/ewFLpree
□
P&ttUN.
□

■

RECURRENT RELATIONSHIP?
YB3
□ No

ED INTO EVIDENCE.
‘

1

^

■ ■■ ■■

FHiero/filiiaHBOR

Acla^ATCDDISpiftW0NHe eCWJRT TCi ANY SP?°'Ai-CA£li

.■.no..

WILL AM INTERPRETER BE NEEDiaj?

tetfdcted from ajf documents

IT vca, PLEASE IQENTWrTHe REQUESTED ACCOMM
■ If yes, for what language?

■No'
fleothave

documents now submitted tb the court, and will be

With Ru/e i;3a.r(b).
7

Bftacfiva 10/01/2C16, CN 10617

t>ro s v o @

gg^

CHARACTERISTICSTi-tAT MAY WARRANT- INCfOiSjAL MANAGEMENT OR "

Do YOU mYWRaj6NTNSSiOAHYQISrB*,trrACCOWMOCWnOM3?

1 certify that confidential personal I

□ OTHER (ejqprleln)

Business

DOES THE STATUTE GOVERNING'THIS CASE PROVIDE irOR PAYMENT OF FEES BYTHE LOSING PAPrPtf?
______■___.
___ __ ________.___
.
________ P .

O YK

none

□ Unknown

□ No

j CASEqHARACTTRlSXTC^<5S'pfi^O^S;bEfD^ ^^'GIF'^^^ ^^^WtE:r«kMECHA:fl'5Nl;',~''''’
Irvn
da rjTtcc /fr A.PI ioOSVJt fbAOTma ~
~QOPAfJXIES
HAVE A-CURRENT, PASTOR

ATTORNEY BSQNATUHE.

CASE LAW

No

DO YOU ANTICIPATE ADOING ANY PARTIES
(arising out of aame transaction or occurrence)?

n yee •

NO

IF YES, LIST DOCKET NUMBERS

RELAT ED CASES PENDING?

!&

YE8 □ NO

JURY DEMAND

New Brunswick, N J. 08801

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CIVIL CASE INFORMATION STATEMENT

□a
DU

DUD

Use for initial pleadings; (not motions) under Rule 4:5-1

CASE TYPES (Choose one and enter number of-case type in appropriate-space on the reverse side.)
Track 1 — 150 days’ discovery
'151
175
302
399
502
505
506
510
511
51?
599
80T
802

'

NAME CHANGE
FORFEITURE
TENANCY
REAL PROPERTY (other than Tanancy, Contract, Condemnation, Complex
BOOK ACCOUNT
OTHERONSURANCECLAIM;(INCLUDING DECLARATORY JUDGMENT ACTIONS)
PIP COVERAGE ■
UM or U.IM CLAIM
ACTIGNiQN NEGOTIABLE.INSTRUMENT
LEM.nNt.AW
'
CONTR/TCT/COMMERCIAL TRANSACTION
SUMMARY ACTION
OPEN PUBLIC RECORDS ACT (SUMMARY ACTION)

Track It — 300

Commercial

or

Construction)

days' discovery .

.

305
CONSTRUCT ON
609
EMPLOYMENT (other titan CEPA or LAD)
■ '802
ASSAUUPAND BATTERY
. 603
AUTO NEGLIGENCE A PERSONAL INJURY
605
PERSONAL INJURY"
010 AUTO NEGLIGENCE - PROPERTY DAMAGE
'699
TORT - OTHER

■ 450 days’dlscovery

Track'll!

005 CIVIL RIGHTS
301 CONDEMNATION
■ 604 MEDICAL MALPRACTICE
606
PRODUCT LIABILITY
607
PROFESSIONAL MALPRACTICE
608
TOXIC T'ORT
f-00 DEFAMATION
■616 Wl'liS.I'tPBLOWhR TCONSC'ENT'OUS EMPLOYEE PROTECTION ACT (CEPA) CASES
617 INVERSE CO'NDBMtfATtCN
616 LAW AGAINST. DISCRIMINATION (LAD) CASES j

Track IV —— Activa Case Manag&ment by Individual Judge / 4^0 days' discovery
156 ENVIRONMLNnAUENV.RCNttENTA- COVERAGE LITIGATION.
303 MT. LAUREL
500 COMPLEX COMMERCIAL
701 ACTIONS IN’ LIEU OF PREROGATIVE WRITS

Mass Tort (TrackdV)
240 REDUX/PHEN-FEN (formerty 'DIET DRUG')
248 CIBA GEIGY
264 PPA

601
ASBESTOS
619 VIOXX

999 OTHER (Briefly dascriba nature of action).

If you boliovo this cose requires a track otherthan that provided above, ptaasa Indicate the reason on Side 1,
In the space under "Casa Characterisecs."
Please check off each applicable category:
□ Verbal Threshold

□

Putative Class Action

On

Hie 59

’ KWI»«i iliflctiVe 47 WI5

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CIVIL COVER SHEET

JS 44 (Rev. 12/12)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and sen ice of pleadings or other papers as required by law, except as
provided bv local rules of court This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

MEMONE CRYSTIAN

Borough of Red Bank, Stanley Sickels, Art Murphy, Eugenia Poulous,
and Tamila Bumback

SIMMEE CRYSTIAN
(b) County of Residence of First Listed Plaintiff Monmouth

County of Residence of First Listed Defendant
Monmouth__________
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Theodore Campbell, Law Offices of Theodore Campbell, 1050 George
Street, Suite 3-0 New Brunswick, NJ 08901
732-828-4393

II. BASIS OF JURISDICTION (Place an "X" in One Box Only)

Bruce W. Padula, Esq.- Cleary Giacobbe Alfieri Jacobs, LLC
955 State Route 34, Suite 200
Matawan, New Jersey 07747 (732) 583-7474

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff
(For Diversity Cases Only)

3 1 U.S. Government
Plaintiff

8 3 Federal Question
(U.S. Government Not a Party)

n2

□4

U.S. Government
Defendant

__

Diversity
(Indicate Citizenship of Parties in Item III)

and One Box for Defendant)
PTF

DEF

Citizen of This State

□1

□1

Incorporated or Principal Place
of Business In This State

PTF

□4

DEF
□4

Citizen of Another State

□2

□2

Incorporated and Principal Place
of Business In Another State

□5

□5

Citizen or Subject of a
Foreiun Country

□3

□3

Foreign Nation

□6

□6

IV. NATURE OF SUIT (Place an “A in One Pox Only)
CONTRACT

TORTS

□ 110 Insurance
□ 120 Marine
□ 130 Miller Act
□ 140 Negotiable Instrument
□ 150 Recovery of Overpayment
& Enforcement of Judgment
□ 151 Medicare Act
□ 152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
□ 153 Recovery of Overpayment
of Veteran’s Benefits
□ 160 Stockholders' Suits
□ 190 Other Contract
□ 195 Contract Product Liability
□ 196 Franchise

1
REAL PROPERTY
□ 210 Land Condemnation
□ 220 Foreclosure
□ 230 Rent Lease & Ejectment
□ 240 Torts to Land
□ 245 fort Product Liability
□ 290 All Other Real Property

PERSONAL INJURY
□ 310 Airplane
□ 315 Airplane Product
Liability
□ 320 Assault. Libel &
Slander
O 330 Federal Employers'
Liability
□ 340 Marine
D 345 Marine Product
Liability
□ 350 Motor Vehicle
□ 355 Motor Vehicle
Product Liability
□ 360 Other Personal
Injury
□ 362 Personal Injury Medical Malpractice

FORFEITURE/PENALTY
PERSONAL INJURY

□ 365 Personal Injury Product Liability
□ 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
□ 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY

□ 370 Other Fraud
□ 371 Truth in Lending
□ 380 Other Personal
Property Damage
□ 385 Property Damage
Product Liability

CIVIL RIGHTS

PRISONER PETITIONS

5? 440 Other Civil Rights
□ 441 Voting
□ 442 Employment
□ 443 Housing/
Accommodations
□ 445 Amer. w/Disabilities Employment
□ 446 Atner. w/Disabilities Other
□ 448 Education

Habeas Corpus:
□ 463 .Alien Detainee
□ 510 Motions to Vacate
Sentence
□ 530 General
□ 535 Death Penalty
Other:
□ 540 Mandamus & Other
Cl 550 Civil Rights
□ 555 Prison Condition
□ 560 Civil Detainee Conditions of
Confinement

□ 625 Ding Related Seizure
of Property 21 USC 881
3 690 Other

BANKRUPTCY

□ 422 Appeal 28 USC 158
H 423 Withdrawal
28 USC 157
PROPERTY RIGHTS

□ 820 Copyrights
□ 830 Patent
□ 840 Trademark
LABOR

SOCIAL SECURITY

□ 710 Fair Labor Standards
Act
□ 720 Labor/Management
Relations
□ 740 Railway Labor Act
□ 751 Family and Medical
Leave Act
□ 790 Other Labor Litigation
Cl 791 Employee Retirement
Income Security Act

□ 861 HIA (1395ff)
□ 862 Black Lung (923)
□ 863 DIWC/DIWW (405(g))
3 864 SSID Title XVI
□ 865 RSI (405(g))

FEDERAL TAX SUITS

□ 870 Taxes (U.S. Plaintiff
or Defendant)
□ 871 IRS—Third Party
26 USC 7609

OTHER STATUTES

□ 375 False Claims Act
□ 400 State Reapportionment
□ 410 Antitrust
□ 430 Banks and Banking
3 450 Commerce
□ 460 Deportation
□ 470 Racketeer Influenced and
Corrupt Organizations
□ 480 Consumer Credit
□ 490 Cable/Sat TV
□ 850 Securities/Commodities/
Exchange
□ 890 Other Statutoiy Actions
□ 891 Agricultural Acts
□ 893 Environmental Matters
3 895 Freedom of Information
Act
□ 896 Arbitration
3 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
□ 950 Constitutionality of
State Statutes

IMMIGRATION

C) 462 Naturalization Application
□ 465 Other Immigration
Actions

V. ORIGIN (Place an "X" in One Box Only)

ai

Original
Proceeding

X 2 Removed from
State Court

□3

Remanded from
Appellate Court

□ 4 Reinstated or
Reopened

□ 5 Transferred from
Another District
(specify)

n 6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity).

VI. CAUSE OF ACTION

42 U.S.C 1981 and 1983
Brief description of cause:

Plaintiff claims her civil rights were violated by Defendants' alleged constructive discharge of her employment

VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY

□

DATE

CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R Cv.P

DEMAND $

CHECK YES only if demanded in complaint:

JURY DEMAND:

(See instructions):
JUDGE

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Bruce W. Padula

11/21/2017
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

>3 Yes □ No

1

 Case 3:17-cv-11914-BRM-DEA Document 1-2 Filed 11/21/17 Page 2 of 2 PageID: 21
JS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974. is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.O.P.. which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United Slates defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331. where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty' of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.

V.

Origin. Place an "X" in one of the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23. F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII.

Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

 Case 3:17-cv-11914-BRM-DEA Document 1-3 Filed 11/21/17 Page 1 of 1 PageID: 22

CLEARY   GIACOBBE   ALFIERI   JACOBS LLC
BRUCE W. PADULA, Partner
bpadula@cgajlaw.com
Reply to: Matawan Office
November 21, 2017
Via Electronic Filing
William T. Walsh, Clerk
United States District Court
Clarkson S. Fisher U.S. Courthouse
402 East State Street, Room 2020
Trenton, New Jersey 08608
Re:

Memone Crystian, et al. v. Borough of Red Bank, et al.
Docket Number: MON-L-1982-17

Dear Mr. Walsh:
With respect to the above-referenced matter, enclosed please find a Notice of Removal with Certification
of Service, Civil Cover Sheet and Disclosure Statement in the above-captioned matter. I have also
provided the appropriate credit card payment in the amount of $400.00 representing payment for the filing
of these documents.
Thank you for your courtesies.
Very truly yours,

Bruce W. Padula

955 State Route 34
Suite 200
Matawan, NJ 07747
Tel 732 583-7474
Fax 732 290-0753

169 Ramapo Valley Road
Upper Level 105
Oakland, NJ 07436
Tel 973 845-6700
Fax 201 644-7601
www.cgajlaw.com