DeJoy v. Comcast Cable Communications Inc.
| Decision Date | 21 March 1997 |
| Docket Number | Civil Action No. 96-1135 (AJL). |
| Citation | 968 F.Supp. 963 |
| Parties | Frank DeJOY, Plaintiff, v. COMCAST CABLE COMMUNICATIONS INC., Suburban Cablevision, Comcast Cable of New Jersey, Thomas Baxter, individually and his official capacity, and Michael Doyle, individually and in his official capacity, Defendants. |
| Court | U.S. District Court — District of New Jersey |
Robert A. White, Morgan, Lewis & Bockius, Philadelphia, PA, for Defendants.
Mark J. Blunda, Sills Cummis Zuckerman Radin, Newark, NJ, for Plaintiff.
This is an action by Frank DeJoy ("DeJoy") against Comcast Cable Communications, Inc. ("Comcast Cable"), Suburban Cablevision ("Suburban Cablevision"), Comcast Cable of New Jersey, Thomas Baxter ("Baxter") and Michael Doyle ("Doyle") (collectively, the "Defendants"). The amended complaint (the "Amended Complaint"), filed 28 June 1996, asserts claims pursuant to the Age Discrimination in Employment Act (the "ADEA"), 29 U.S.C. § 621 et seq., the Americans with Disabilities Act (the "ADA"), 42 U.S.C. § 12101 et seq., the New Jersey Law Against Discrimination (the "NJLAD"), N.J.S.A. 10:5-12 et seq., as well as various common law contract and tort claims, arising from the termination of DeJoy's employment with Suburban Cablevision. Jurisdiction is alleged pursuant to 28 U.S.C. §§ 1331 and 1343, 29 U.S.C. § 626(c) and 42 U.S.C. § 12117(a). Amended Complaint, ¶ 2. Pendant jurisdiction is alleged over the State and common law claims. Id. Diversity jurisdiction is not alleged.
Currently before the court is Defendants' motion for summary judgment (the "Motion for Summary Judgment").1 For the reasons set forth below, the Motion for Summary Judgment is granted in part and denied in part.
DeJoy is a citizen of the State of New Jersey. Amended Complaint, ¶ 7. Comcast Cable is a corporation "doing business throughout the State of New Jersey" and maintaining offices in Union, New Jersey. Id., ¶ 8. At all relevant times, Baxter was the President of Comcast Cable. Id., ¶ 9. At all relevant times, Doyle was Regional Vice President of Comcast Cable. Id., ¶ 10. At all relevant times, Suburban Cablevision was a corporation "doing business in the State of New Jersey" and maintaining offices in Union, New Jersey. Id., ¶ 11. Comcast Cable is "a successor entity to Suburban Cablevision." Id.
DeJoy filed a timely charge of employment discrimination with the Equal Employment Opportunity Commission (the "EEOC"), on 14 June 1995. Amended Complaint, ¶ 4; see 29 U.S.C. § 626(d); 42 U.S.C. § 2000e-5(e)(1). On 26 January 1996, the EEOC provided DeJoy with a "notice of right to sue." Amended Complaint, ¶ 5 & Exh. A. DeJoy timely filed a complaint (the "Complaint") on 15 March 1996. See 29 U.S.C. § 626(d); 42 U.S.C. § 2000e-5(f)(1).
On 21 May 1996, Defendants served DeJoy with a notice of motion to dismiss the Complaint (the "Motion to Dismiss"). In response to the Motion to Dismiss, DeJoy requested and was given leave to file the Amended Complaint. On 8 October 1996, through an opinion and an order filed that date, the ADA and ADEA claims in counts I, III and V of the Amended Complaint were dismissed as to Baxter and Doyle and count VI of the Amended Complaint was dismissed as to all Defendants. See DeJoy v. Comcast Cable Communications Inc., 941 F.Supp. 468, 478 (D.N.J.1996) ("DeJoy I"). The Motion to Dismiss was denied to the extent it sought the dismissal of counts XI and XII of the Amended Complaint. Id.
DeJoy was born on 12 January 1939 and at the time of the alleged discrimination was fifty-six years old. Blunda Cert., Exh. W. At the time of the alleged discrimination, DeJoy had approximately thirty years of experience in the cable industry. DeJoy 12G Statement, ¶ 7.
DeJoy started his employment with Suburban Cablevision in 1981. Blunda Cert., Exh. X. He began as the Vice President of Engineering, was promoted to Vice President of Operations and eventually became Vice President and General Manager of the enterprise in 1988. Id. DeJoy remained in the position of Vice President and General Manager from January of 1988 until January of 1995. Id.; DeJoy Dep. at 269.
Prior to 22 December 1994, Suburban Cablevision was owned by Maclean-Hunter, Inc. ("Maclean-Hunter"), a Canadian corporation. DeJoy Dep. at 329. At all relevant times prior to 22 December 1994, Rogers Communications, Inc. ("Rogers Communications"), another Canadian corporation, was the beneficial owner of all shares of Maclean-Hunter. Moving Brief, Exhibit F.
On 1 June 1994, in anticipation of a possible sale by Maclean-Hunter, DeJoy entered into a severance agreement (the "Severance Agreement") with Maclean-Hunter and Suburban Cablevision. Moving Brief, Exh. F. The Severance Agreement provided, in pertinent part:
WHEREAS it is currently contemplated that Rogers Communications ... will endeavor to obtain an acceptable offer from a third-party purchaser to purchase the shares of [Maclean-Hunter] and, if a sale is completed ... a Control Change (as hereinafter defined) will occur;2
AND WHEREAS in the event of a Control Change, there is a possibility that the employment of [DeJoy] would be terminated without cause or adversely modified and [DeJoy] has expressed concern in that regard;
AND WHEREAS it is in the best interests of [Maclean-Hunter] and [Suburban Cablevision] to induce [DeJoy] to remain in the employ of [Suburban Cablevision] by indicating that in the event of a Control Change, [DeJoy] would have certain rights on a termination of [his] employment;
NOW THEREFORE ... the parties hereby agree as follows
* * * * * *
2. If [DeJoy] remains employed by [Suburban Cablevision] for a period of six months following a Control Change (or [his] employment is terminated within such six-month period by [Maclean-Hunter] other than for Just Cause,3 death or permanent disability, or by [DeJoy] for Good Reason),4 [Maclean-Hunter] shall pay, or cause [Suburban Cablevision] to pay to [DeJoy] ... a one-time bonus equal to:
(a) if [Suburban Cablevision] realizes cash flow from its operations during the 1994 calendar year not less than that provided for in [its] budget forecast ... one-half of [DeJoy's] Annual Salary; or
(b) if the condition in subparagraph (a) is not satisfied, one-third of [DeJoy's] Annual Salary.
3. If [DeJoy's] employment is terminated by [Maclean-Hunter] or [Suburban Cablevision] other than for Just Cause, permanent disabilities or death or is terminated by [DeJoy] for Good Reason, in each case at any time within the Period following a Control Change, [Maclean-Hunter] shall pay, or cause [Suburban Cablevision] to pay to ... [DeJoy] ... an amount equal to the result obtained when one-twelfth of the Annual Salary is multiplied by the Period.
Moving Brief, Exh. F.
In June of 1994, Comcast Cable entered into an agreement of sale with Rogers Communications to purchase Rogers Communications' cable properties, including Maclean-Hunter's properties, located in the United States. These properties included Suburban Cablevision. DeJoy Dep. at 207.
In July of 1994, representatives of Comcast Cable met with representatives of the New Jersey Office of Cable Television (the "Office of Cable Television") (the "July 1994 Meeting"). DeJoy Dep. at 272. The purpose of the July 1994 Meeting "was to address the Director of the Office of Cable Television and the members of her staff regarding the expected acquisition [of Suburban Cablevision] ... by Comcast [Cable]." Id. DeJoy contends that during the July 1994 Meeting, "statements were made that there would be no changes in the structure [of Suburban Cablevision], certainly not in the management structure...." Id. at 275.
On 31 August 1994, DeJoy had a meeting with William J. Quinn ("Quinn"), the president of "Cablevision," a competitor of Suburban Cablevision (the "31 August 1994 Meeting"). DeJoy Dep. at 284-87. During the course of the 31 August 1994 Meeting, Quinn allegedly offered DeJoy employment at Cablevision. Id.; see Blunda Cert., Exh. T.
At the 31 August 1994 Meeting, Quinn and DeJoy discussed the possibility of DeJoy taking the position of regional vice-president and general manager for northern New Jersey for Cablevision, a position Quinn intended to create. DeJoy Dep. at 284-87; Blunda Cert., Exh. T. DeJoy advised Quinn he preferred to remain with Suburban Cablevision, depending upon Comcast Cable's intentions for his continued employment. DeJoy 12G Statement, ¶ 15.
On 1 September 1994, representatives of Comcast Cable, including Baxter and Doyle, met with representatives of Suburban Cablevision, including DeJoy, and Maclean-Hunter to discuss the upcoming acquisition. Doyle Dep. at 289. After the meeting, Doyle met privately with DeJoy. Id. at 292-93. DeJoy states that Doyle told him that he "should not be concerned about the future because [DeJoy] was going to be Area Vice-President." Id. at 293. DeJoy states Doyle explained that DeJoy would remain "responsible for the properties [he] was currently managing, as well as the system in Meadowlands, in Kearny, and a system in Plainfield." Id. DeJoy further states Doyle predicted that "over the next year or two, [DeJoy's] responsibility would expand to the northern half of New Jersey." Id. It does not appear DeJoy informed Doyle of his alleged offer of employment from Cablevision. Id. DeJoy states that in reliance upon Doyle's assurance that DeJoy would "be Area Vice-President with expanding responsibilities, [he] dismissed the other proposal from Cablevision." Id.
of Human Relations for Comcast Cable, held two information sessions, one in the morning and one in the afternoon, with all employees of Suburban Cablevision and Cable Television of Jersey City. Doyle Dep. at 215-16. During the...
To continue reading
Request your trial
-
Ferraro v. Bell Atlantic Co., Inc.
...366, 544 A.2d 857 (1988); see Decker v. Princeton Packet, Inc., 116 N.J. 418, 430, 561 A.2d 1122 (1989); DeJoy v. Comcast Cable Communications, Inc., 968 F.Supp. 963, 966 (D.N.J.1997). Because the Court finds that defendants have not shown extreme and outrageous conduct on the part of defen......
-
Sifre v. Department of Health, Civil No. 98-1904(JP).
...for a disabled person, see Barker, 993 F.Supp. at 16; an informal complaint to management, see DeJoy v. Comcast Cable Communications, Inc., 968 F.Supp. 963, 988 (D.N.J.1997); and the filing of an EEOC charge, see Williams v. Chicago Board of Ed., No. 97 C 1063, 1997 WL 467289 at *3 The Cour......
-
Siss v. County of Passaic
...consideration." St. Surin v. Virgin Islands Daily News, Inc., 21 F.3d 1309, 1314 (3d Cir. 1994); see also DeJoy v. Comcast Cable Communications, 968 F.Supp. 963, 994 (D.N.J.1997). "If a Rule 56(f) motion does not meet the affidavit requirement, it must still `identify with specificity "what......
-
Pepe v. Rival Co.
...to those aspects of an at will employment relationship which are governed by some contractual terms. See DeJoy v. Comcast Cable Communications, Inc., 968 F.Supp. 963, 989 (D.N.J.1997) (citing Peck v. Imedia, Inc., 293 N.J.Super. 151, 168, 679 A.2d 745 (App.Div.), certif. denied, 147 N.J. 26......