CONNOLLY v. COUNTY OF HUDSON et al

Filing 44

ORDER granting in part and denying in part deft's 18 Motion for Summary Judgment ; granting in part and denying in part deft's 19 Motion for Summary Judgment ; granting in part and denying in part deft's 23 Motion for Summary Judgment; etc.. Signed by Judge Stanley R. Chesler on 06/20/2011. (nr, )

CLOSED
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
THEODORE CONNOLLY,
Plaintiff,
v.
COUNTY OF HUDSON, ROBERT B.
KNAPP, individually, and JUAN M.
PEREZ, individually,
Defendants.

:
:
:
:
:
:
:
:
:
:
:

Civil Action No. 09-4509 (SRC)
ORDER

CHESLER, District Judge
This matter having come before the Court upon motion for summary judgment by
Defendant Juan M. Perez (“Perez”) [docket entry 18] and cross-motions for summary judgment
by Defendants Robert B. Knapp (“Knapp”) [docket entry 19] and County of Hudson (“Hudson
County”) (collectively, “Defendants”) [docket entry 23]; and Plaintiff Theodore Connolly
(“Plaintiff”) having opposed the motions; and the Court having considered the papers submitted
by the parties; and the Court having decided to rule on the motion based on those submissions
pursuant to Federal Rule of Civil Procedure 78; and for the reasons expressed in the Opinion
filed herewith;
IT IS on this 20th day of June, 2011,
ORDERED that the Defendants’ motions for summary judgment be and hereby are
GRANTED IN PART and DENIED IN PART; and it is further
ORDERED that summary judgment on Plaintiff’s claims pursuant to the Family and

Medical Leave Act, 29 U.S.C. § 2601, be and hereby is GRANTED in favor of Hudson County;
and it is further
ORDERED that summary judgment on Plaintiff’s claims pursuant to § 504 of the
Rehabilitation Act, 29 U.S.C. § 794(a), be and hereby is GRANTED in favor of Hudson County;
and it is further
ORDERED that summary judgment on Plaintiff’s claims pursuant to the Hatch Act, 5
U.S.C. § 1501, be and hereby is GRANTED in favor of Defendants; and it is further
ORDERED that summary judgment on Plaintiff’s claims under N.J.A.C. § 4A:10-1.2,
N.J.S.A. § 11A:2-23, N.J.A.C. § 4A:2-5.1, N.J.S.A. § 34:19-9, and N.J.S.A. § 10:5 against
Defendants be and hereby is DENIED; and it is further
ORDERED that summary judgment on Plaintiff’s claims of defamation and invasion of
privacy against Defendant Knapp be and hereby is DENIED; and it is further
ORDERED that Plaintiff’s claims under N.J.A.C. § 4A:10-1.2, N.J.S.A. § 11A:2-23,
N.J.A.C. § 4A:2-5.1, N.J.S.A. § 34:19-9, and N.J.S.A. § 10:5 against Defendants be and hereby
are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1367(c)(3) and Federal
Rule of Civil Procedure 12(h)(3); and it is further
ORDERED that Plaintiff’s claims of defamation and invasion of privacy against
Defendant Knapp be and hereby are DISMISSED WITHOUT PREJUDICE pursuant to 28
U.S.C. § 1367(c)(3) and Federal Rule of Civil Procedure 12(h)(3).

s/ Stanley R. Chesler
STANLEY R. CHESLER
United States District Judge
2