Document 1-1 Filed 09/25/19 Page 2 of 13 PageID: 10 LAWRENCE N. LAWGNE, ESQ. (005581982) LAWRENCE N. LAVIGNE, ESQ. L.L.C. 2444 Morris Avenue, Suite 206 Union, NJ 07083 Tel: (908) 687-7750 Fax: (908) 687-7752 Attorneys for Plaintiff RONTEZ MILES. Superior Court of New Jersey Plainti?; Law Division Morris County v. Docket No: THE NATIONAL FOOTBALL LEAGUE and John Does 1-5 Defendants FROM THE STATE OF NEW JERSEY, TO THE DEFENDANTIS) NAMED ABOVE: The plaintiff, named above, has ?led a lawsuit against you in the Superior Court of New Jersey. The complaint attached to this summons states the basis for this lawsuit. Ifyou diapute this complaint, you or your attorney must ?le a written answer or motion and proof of service with the deputy clerk of the Superior Court in the county listed above within 35 days from the date you received this summons, not counting the date you received it (The address of each deputy clerk of the Superior Court is provided.) A $110.00 ?ling fee payable to the Clerk of the Superior Court and a completed Case Information Statement (available from the deputy clerk of the Superior Court) must accompany your answer or motion when it is ?led. You must also send a copy of your answer or motion to plaintiffs attomey 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 ?le and serve a written answer or motion (with fee and completed Case Information Statement) if you want the court to hear your defense. Ifyou do not ?le and serve a written answer or motion within 35 days, the court may enter a judgment against you for the relief plaintiff demands, plus interest and costs 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. Ifyou cannot afford an attorney, you may call the Legal Services of?ce in the county where you live. A list of these of?ces is provided. Ifyou 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 list of these numbers is also provided. August 20, 2019 ?cran??etmr Michelle M. Smith, Clerk Name of Defendant to be Served: National Football League Address for Service: 345 Park Avenue New York, New York 10154 Case Document 1-1 Filed 09/25/19 Page 3 of 13 PageID: 11 COUNTY ADDRESS LAWYER REFERRAL LEGAL SERVICES Atlantic Atlantic Cty. Civil Courthouse 1201 Bacharach Blvd., Fl. Atlantic City, NJ 08401 (609) 345-3444 (609) 348-4200 Bergen Justice Center 10 Main Street, Room 121 Hackensack, NJ 07601-0769 (201) 488-0044 (201) 487-2166 Burlington Court Complex First Floor 49 Rancocas Road Mt. Holly, NJ 08060 (609) 261-4862 (609) 261-1088 Camden Hall of Justice 101 S. Fifth Street Suite 150 Camden, NJ 08103 (856) 954-4520 (856) 964-2010 Cape May Law Division: Cape May Court House 9 N. Main Street Cape May, NJ 08210 (609) 463-0313 (609) 465-3001 Cumberland Court House Direct Filing Broad 8: Fayette Streets PO. Box 615 Bridgeton, NJ 08302 (856) 692-6207 (856) 451-0003 ESSEX 113 Essex County Courts 50 W. Market Street Newark, NJ 07102 (973) 622-7753 (973) 824-3000 Gloucester Court House First Floor 1 North Broad Street P.O. Box 881 Woodbury, NJ 08096 (856) 853-3250 (353) 3434539 (856) 343-5330 Hudson 595 Newark Avenue Jersey City, NJ 07306 (201) 798-2727 (201) 792-6363 Hunterdon County Justice Center 65 Park Avenue P.0. Box 728 Flemington, NJ 08822 (908) 735-2611 (908) 782-7979 Mercer 175 S. Broad Street 2nd Floor, PO. Box 8068 Trenton, NJ 08650-0068 (609) 585-6200 (609) 695-6249 . Document 1-1 Filed 09/25/19 Page 4 of 13 PageID: 12 Middlesex Law Division - Courthouse 1 JFK Square P.O. Box 964 New Brunswick, NJ 08903-0964 (732) 828-0053 (732) 249-7600 Monmouth Court House 71 Monument Park PO. Box 1260 Freehold, Morris Mail: PO. Box 910 Washington 8: Court Streets Morristown, NJ 07963_?0_910 (732) 431-5544 (732) 866-0022 (973) 267?5882 (973) 285-6911 Ocean 118 Washington Street P.O. Box 2191 Toms River, NJ 08754 (732) 240-3666 Passaic Court House 77 Hamilton Street Paterson, NJ 07505 (973) 278-9223 (732) 341-2727 (973) 345-7171 Salem I . 92 Market Street PO. Box 29 Salem, NJ 08079 (856) 935-5629 (856) 964-2010 Somerset 20 N. Bridge Street, 3rd Floor PO. Box 3000 SUSSEX Susex County Judicial Center 43-47 High Street Newton, NJ 07860 (908) 685?2323 (973) 383-7400 (908) 231-0840 Union 2 Broad Street Elizabeth, NJ 07207-6099 (903) 353-4715 (908) 354-4340 Warren Court House 413 Second Street Beividere, NJ 07823 (903) 475?2010 Case Document 1-1 Filed 09/25/19 Page 5 of 13 PageID: 13 08I19l2019 2:13:43 PM Pg 1 of7Trans ID: LCV20191469624 Lawrence N. Lavigne, Esq. (005581982) LAWRENCE N. LAVIGNE, ESQ. LLC 2444 Morris Avenue, Suite 206 Union, New Jersey 07083 (908) 687-7750 Attorneys for Plaintiff RONTEZ MEES, SUPERIOR COURT OF NEW JERSEY LAW DIVISION - MORRIS COUNTY Plaintiff, DOCKET NO. v. Civil Action THE NATIONAL FOOTBALL LEAGUE COMPLAINT AND JURY DEMAND and JOHN DOES 1-5, Defendants Rontez Miles residing in Morristown, New Jersey complains of the Defendant and says: TEMENT Plaintiff Rontez Miles brings this action under the New Jersey Law Against Discrimination, 10:5-1 gt against Defendant on the mounds that it discriminated against him on the basis of his disability. FACTS COMMON TO ALL COUNTS 1. At all relevant times hereto, Plainti?' Rontez Miles was a professional football player signed by the New York Jets. 2. At all relevant times hereto, the New York Jets were part of the National Football League and had its facility in Florham Park, New Jersey and plays its home games in a stadium located in New Jersey. 3. At all relevant times hereto, the NFL is/was a professional football league consisting of 32 teams. 4. At all relevant times hereto, the NFL conducted business in the State of New Jersey Case . Document 1-1 Filed 09/25/19 Page 6 of 13 PageID: 14 MRS-L-001770-19 08/19/2019 2:13:43 PM Pg 2 of 7 Trans ID: LCV20191469624 including the County of Morris. Hence jurisdiction and venue is properly laid in this court. 5. At all relevant times hereto, the NFL promulgated rules, regulations, policies and procedures controlling most aspects of conduct of business of said 32 teams, their players and staff among other things. 6. At all relevant times hereto, Defendants John Does 1-5 were employees or agents of the NFL including, but not limited to, referees and line judges whose identities are presently unknown to Plainti?'. 7. At all relevant times hereto, Plaintiff Rontez Miles was a member of the National Football League Players Association 8. At all relevant times, Plaintiff Rontez Miles employment was in accordance with a collective bargaining agreement between the NFL and the NFLPA. 9. The NFL has promulgated numerous rules, regulations, policies and procedures which players such as Plaintiff Rontez Miles are required to follow in order to play football in the NFL. 10. The NFL exerts direction and control over NFL football players' professional activities. 11. Such control includes but is not limited to uniforms and equipment that players are permitted to use. 12. At all relevant times hereto, the NFL, along with the New York Jets, acted as Rontez Miles? employer. 13. At all relevant times hereto, Plaintiff Rontez Miles suffered ?'orn 'a medical condition known as Alepecia Areata. 14. One manifestation of Alepecia Areata is photosensitivity or photOphobia. 15. At all relevant times hereto, Plaintiff suffered ?'om ocular photosensitivity and/or photophobia caused by Alopecia Areata. Case . Document 1-1 Filed 09/25/19 Page 7 of 13 PageID: 15 08/19l2019 2:13:43 PM Pg 3 of 7 Trans ID: LCV201 91469624 16. In order to reduce the effects of ocular photosensitivity or photophobia, Plaintiff Rontez Miles required and requires the use of a protective shield to be used in conjunction with his helmet and face guard. 17. Plaintiff has been using a protective shield on his helmet to protect his eyes his entire football career. 18. . At all relevant times hereto, the New York Jets permitted Plaintiff Rontez Miles to utilize the protective shield on his helmet while practicing or playing football. 19. On August 19, 2017, just prior to a pro-season game against the Detroit Lions, Plaintiff had his helmet with the protective shield. 20. Just prior to Plaintiff playing is the aforesaid game, John Doe I, an of?cial of the NFL, upon information and belief, a line judge, demanded that Plaintiff remove the shield, or he would not be permitted to play in that game. 21. At all relevant times hereto, John Doc 1 was empowered by the NFL to direct Plaintiff to remove the shield or bar him ?'om playing. 22. John Doe I was advised by Plaintiff and others of Plaintiff?s medical condition and the need to wear the protective shield. 23. Notwithstanding John Doe 1?s clear knowledge of Plainti??s medical condition and need to wear the protective shield, John Doe I demanded that Plaintiff remove the shield or not play in the game. 24. The aforesaid medical condition constituted a disability. 25. Plaintiff sought a reasonable accommodation is. the use of the protective shield in order for him to perform the requirements of his job. 26. The NFL through its of?cial denied Plaintiff a reasonable accommodation. Case Document 1-1 Filed 09/25/19 Page 8 of 13 PageID: 16 9 2:13:43 PM Pg 4 of 7 Trans ID: LCV20191469624 27. In compliance with the John Doe 1?s instruction, Plaintiff removed the shield and played without it. 28. During a play in the game, due to the lack of protection ?om the bright sun, Plaintiff did not see an opposing player approach, and hence, was unable to take defensive maneuvers. 29. The opposing player made contact with Plaintiff?s face causing severe and signi?cant injury. 30. As a result of the contact aforesaid, Plaintiff suffered a broken orbital bone of the right in two places. 31. The aforesaid injury would not have occurred but for the NFL of?cial?s 32. As a result of the broken orbital bone, Plaintiff was caused to undergo surgery. 33. As a result of the broken orbital bone, Plainti?? was caused to experience severe pain and suffering which is continuous and on-going. 34. As a result of the broken orbital bone Plainti?' was caused to miss playing several games. 35. Upon information and belief, as a result of the broken orbital bone, Plaintiff's career was uncertain and possibly placed in jeopardy. 36. As a result of the broken orbital bone, Plaintiff has su?'ered other damages. COUNT ONE 37. Plaintiff repeats the allegations contained in paragraphs 1-36 as if each were repeated and replead herein at length. 38. At all relevant times hereto, the NFL, in conjunction with the New York Jets, was Plaintiff?s employer as that term is de?ned in N.J.S.A. 10:5?1 et. seq. the New Jersey Law Against Discrimination 39. Plaintiffs medical condition constitutes a disability under the LAD. Case Document 1-1 Filed 09/25/19 Page 9 of 13 PageID: 17 08/19/2019 2:13:43 PM Pg 5 of 7 Trans ID: LCV20191469624 40. LAD prohibits, discrimination based on one?s disability (among other protected classes). 41. This discrimination would not have occurred but for Plaintiff?s disability. 42. The above-described actions constitute unlawful employment actions in violation of LAD including, inter alia, 10:5-12a. 43. As a direct and proximate result of Defendants? violations of the LAD, Plaintiff suffered injury including but not limited to severe personal injury, emotional distress and economic/pecuniary injuries. WHEREFORE, Plaintiff demands that a judgment be entered against Defendants awarding i) compensatory and punitive damages; ii) reasonable attorney's fees and expenses pursuant to 10:5-27. and such other relief as this Court deems just and proper. COUNT TWQ 44. Plaintiff repeats the allegations contained in paragraphs 1-43 as if each were repeated and replead herein at length. 45. Plaintiff sought a reasonable accommodation for his disability in order to perform the duties of his employment. 46. Defendant failed to engage in the required interactive process. Defendant failed to provide a reasonable accommodation to Plaintiff so that he could perform the duties of his employment in violation of the LAD and 42 ?12101 e: seq, Americans With Disabilities Act 48. As a direct and proximate result of Defendants? violations of the LAD and the ADA, Plaintiff suffered injury including but not limited to severe personal injury, emotional distress and economic/pecuniary injuries. WHEREFORE, Plaintiff demands that a judgment be entered against Defendants awarding i) compensatory and punitive damages; ii) reasonable attorney's fees and expenses Case Document 1-1 Filed 09/25/19 Page 10 of 13 PageID: 18 MRS-L-001770-19 2:13:43 PM Pg 6 of 7 Trans ID: LCV20191469624 pursuant to N.J.S.A. and 42 U.S.C. ?12101 et seq; and such other relief as this Court deems just and proper. COUNT THREE 49. Plaintiff repeats the allegations contained in paragraphs 1-48 as if each were repeated and replead herein at length. 50. The NFL through the malfeasance or misfeasance of John Doe I of John Does 3-5 breached its duty of care owed to Plaintiff to help him avoid injury while playing football. 5 1. As a result of the aforesaid breach of duty, Plaintiff su??ered severe and permanent personal injuries. 52. The aforesaid breach of duty was a proximate cause of Plaintiff?s personal injuries. 53. The acts of Defendant were substantially certain to result in injury to Plaintiff. S4. Defendant cannot claim the bar of the Worker?s Compensation Act as a defense to Plaintiff's claims in this count. 55. The NFL is liable to Plaintiff for its negligence. 56. The NFL is liable to Plaintiff for the negligence of John Does 1-5 on a theory of responded: superior. WHEREFORE, Plaintiff demands that a judgment be entered against Defendants awarding i) compensatory damages; ii) reasonable attorney's fees and expenses and such other relief as this Court deems just and proper. Case Document 1-1 Filed 09/25/19 Page 11 of 13 PageID: 19 2:13:43 PM Pg 7 of 7 Trans ID: LCV20191469624 NOTICE PURSUANT TO RULES 1:5-ltal 4:17-4lcl PLEASE TAKE NOTICE that the undersigned attorneys, counsel for this Plaintiff, do hereby demand, pursuant to Rules and 4: 17-4(c) that each party herein serving pleadings and interrogatories and receiving answers thereto serve copies of all such pleadings and answered interrogatories received from any party, including any documents, papers and other material referred to therein, upon the undersigned attorney. This is a continuing demand. DEMAND FOR TRIAL BY JURY The Plaintiff hereby demands a trial by a jury as to all issues. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that pursuant to 4:25?4, Lawrence N. Lavigne, Esq. is hereby designated as trial counsel in the within captioned matter. I hereby certify pursuant to 4:5?1 that, to my present knowledge, the matter in controversy is the not the subject of any other action. I further certify that, to my present knowledge, no other party should be joined in the within action at this time, however, we is still reviewing this matter to determine if additional parties should be joined. This is to further certify that the within pleading has been served within the time provided by the Rules governing the Courts of the State of New Jersey. CERTIFICATION OF OTHER MATTERS None. LAWRENCE N. LAVIGNE, ESQ. L.L.C. Attorneys for Plaintiff (m LAWRENCE N. LAVIGNE Dated: August 19, 2019 Case 2:19-c-v- 18327- MF Document 1- 1 Filed 09/25/19 Page 12 of 13 PageID: 20 08119120192: 13:43 PM Pg 1 011 Trans ID LCV20191469624 Civil Case Information Statement ?ivj 1r: Edi-3?51 ail-Apart chth-n?i??o 15 -. Jar?i [1.11: ..1h ?if: it ?ii: Case Caption: MILES RONTEZ VS NATIONAL FOOTBALL Case Type: LAW AGAINST DISCRIMINATION (LAD) CASES LE AGUE Document Type: Complaint with Jury Demand Case Initiation Date: 08119l2019 Jury Demand: YES - 8 JURORS Attorney Name: LAWRENCE is this a professional malpractice case? N0 Firm Name: LAWRENCE LAVIGNE ESQ LLC Related cases pending: N0 Address: 2444 MORRIS AVE STE 208 If yes, list docket numbers: UNION NJ 070835918 Do you anticipate adding any parties (arising out of same Phone: 9088877750 transaction or occurrence)? YES Name of Party: PLAINTIFF Miles. Rontez Name of Defendant's Primary Insurance Company (If known): Unlmown use mm 00 parties have a current, past, or recurrent relationship? YES if yes, is that relationship: Employer/Employee Does the statute governing this case provide for payment of fees by the losing party? YES Use this space to alert the court to any special case characteristics that may warrant individ management or accelerated disposition: Do you or your client need any disability accommodations? NO if yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? N0 Title 59? N0 37- 135.31: Fry?s-n: 'r s_ a .5. '7 $533: ?statesmen. . 1.- .- ?m as? sass- I certify that con?dential personal. identi?ers have been redacted from documents now submitted to the court. and will be redacted from all documents submitted in the future in accordance with Rule cane/2019 zs_1 LAWRENCE LAVIGNE Dated Signed Case Document 1-1 Filed 09/25/19 Page 13 of 13 Pa 21 MRSL 001770-19 08I2012019 4:58:30 AM Pg 1 of1 Trans ID: LCV201914736 8 MORRIS COUNTY SUPERIOR COURT COURT STREET HORRISTOWN NJ 07960 TRACK ASSIGNMENT NOTICE COURT TELEPHONE NO. (973) 656-4100 COURT HOURS 8:30 AM - 4:30 PM DATE: AUGUST 19, 2019 RE: MILES RONTEZ VS NATIONAL FOOTBALL LEAGUE DOCKET: MRS I. -001770 19 THE ABOVE CASE HAS BEEN ASSIGNED TO: TRACK 3. DISCOVERY 450 DAYS AND RUNS FROM THE FIRST ANSWER OR 90 DAYS FROM SERVICE ON THE FIRST DEFENDANT, WHICHEVER COMES FIRST. THE PRETRIAI- JUDGE ASSIGNED 18: RON STUART A. MNKOWITZ IF YOU HAVE ANY QUESTIONS, CONTACT TEAM 001 AT: (973) 656-4106. IE YOU BELIEVE THAT THE TRACK IS INAPPROPRIATE YOU MUST FILE A CERTIFICATION OE GOOD CAUSE NIIEIN 30 DAYS OE THE FILING OP YOUR PLERDING. PLAINTIFF MUST SERVE COPIES or THIS FORM ON ALL OTHER PARTIES IN ACCORDANCE NII-R ATTENTION: an: LANRENOE N. LAVIGNE LRNRENCE LRVISNE ESQ LLC 2444 MORRIS AVE STE 206 UNION NJ 07083-5918 WOO