Kamdem-Ouaffo v. Task Mgmt. Inc.
| Decision Date | 09 July 2018 |
| Docket Number | No. 1:18-cv-298 (NLH/JS),No. 1:17-cv-7506 (NLH/JS),1:17-cv-7506 (NLH/JS),1:18-cv-298 (NLH/JS) |
| Parties | RICKY KAMDEM-OUAFFO, d/b/a KAMDEM GROUP, Plaintiff, v. TASK MANAGEMENT INC., STEFAN MOHAN, LINDA HARISSON, CORIE HESS, and CAMPBELL SOUP COMPANY, Defendants. RICKY KAMDEM-OUAFFO, Plaintiff, v. CAMPBELL SOUP COMPANY, TASK MANAGEMENT INC., DENISE M. MORRISON, CARLOS J. BARROSO, SCOTT KELLER, CARY HAYES, STEFAN MOHAN, CORIE HESS, LINDA HARRISON, JONATHAN D. WETCHLER, BERNARD E. JACQUES, DUANE MORRIS (FIRM AND AFFILIATE OFFICES), MCELROY, DEUTSCH, MULVANEY & CARPENTER LLP, DAYNE R. JOHNSON, and TREVOR H. TANIGUCHI, Defendants. |
| Court | U.S. District Court — District of New Jersey |
RICKY KAMDEM-OUAFFO
1 RICHMOND STREET #2100
NEW BRUNSWICK, NJ 08901
Appearing pro se
DAYNE RASHARD JOHNSON
MCELROY DEUTSCH MULVANEY & CARPENTER
On behalf of Defendants Task Management Inc., Stefan Mohan, Linda Harrison, Corie Hess, Bernard Jacques, McElroy, Deutsch, Mulvaney & Carpenter LLP, and Dayne Johnson
BERNARD E. JACQUES (admitted pro hac vice)
MCELROY DEUTSCH MULVANEY & CARPENTER LLP
MORRISTOWN, NJ 07962
On behalf of Defendant McElroy, Deutsch, Mulvaney & Carpenter
JONATHAN D. WETCHLER (admitted pro hac vice)
ALIZA R. KARETNICK (admitted pro hac vice)
DUANE MORRIS LLP
On behalf of Defendants Campbell Soup Company, Denise Morrison, Carlos Barroso, Scott Keller, Duane Morris LLP, Jonathan Wetchler, and Trevor Taniguchi
On behalf of Defendants Campbell Soup Company, Denise Morrison, Carlos Barroso, Scott Keller, Jonathan Wetchler, and Duane Morris
LITTLER MENDELSON PC
ONE NEWARK CENTER
NEWARK, NJ 07102
On behalf of Defendant Cary Hayes
This Opinion and its accompanying Order address two separate but largely overlapping matters now pending before this Court: Docket No. 17-7506 and Docket No. 18-298.1 These cases arise from Plaintiff's overriding allegation that he lost his job due to retaliation for filing various complaints. Plaintiff brings claims under Title VII and the New Jersey Law Against Discrimination (NJLAD), as well as other statutory and common law claims. Between both dockets, before the Court are two motions for preliminary injunction, several motions to dismiss, several motions to strike, a motion to set aside entry of default, and a motion to compel defendants to file an answer.2
For the reasons that follow, the Court will allow Plaintiff's Title VII and NJLAD claims to proceed in part against Task Management. The Court will otherwise dismiss Plaintiff's claims. Plaintiff is permitted to file a motion for leave to amend his complaint to attempt to cure any deficiencies the Court has identified in this Opinion.
The Court takes its facts from Plaintiff's January 8, 2018 Complaint in the 18-298 action.3 On August 1, 2017, Linda Harrison, a Senior Technical Recruiter at Task Management,4 contacted Plaintiff to inquire whether Plaintiff had the skills to take on a project with Task Management's client, Campbell Soup.
Plaintiff showed interest and Harrison submitted Plaintiff's resume to Campbell Soup. Plaintiff was then interviewed by Campbell Soup Senior Director Scott Keller. Following the interview, Plaintiff was informed by Harrison that he was selected for a contract role at Campbell Soup. On August 10, 2017, Plaintiff entered into an agreement on behalf of the Kamdem Group, his sole proprietor business, with Task Management for a role as a consultant at Campbell Soup in its FlavorTechnology Unit (the "Task Management Agreement").5 It appears the agreement was executed by Stephan Mohan, a director at Task Management. Under the agreement, termination would occur upon the earlier of the following: (1) completion of the project or (2) at the election of Plaintiff, Task Management, or Campbell Soup.6
Plaintiff began working with Campbell Soup on August 21, 2017 at its Camden location. Plaintiff was assigned three projects with Campbell Soup under the supervision of Keller. Campbell Soup issued a work Purchase Order, approved and signed by Carlos Barroso,7 that showed that Campbell Soup disbursed money to Task Management for every hour of work performed byPlaintiff. Task Management issued a biweekly pay schedule for Plaintiff.
Approximately eleven days after he started work, on September 1, 2017, Plaintiff was informed by Harrison that Campbell Soup had decided to suspend the projects Plaintiff had been working on due to financial hardship and that Plaintiff was not to return to work, nor contact Keller or any other Campbell Soup employees. Plaintiff alleges that after this call, he remembered that he had been contacted earlier that day by a recruiter who was looking to find someone to fill a role at Campbell Soup. Upon further conversations with the recruiter, it became Plaintiff's understanding that this open role was identical to the one Plaintiff was informed by Harrison was suspended.
Plaintiff pleads that around September 1, 2017, Campbell Soup began searching for a person with Plaintiff's qualifications. Plaintiff was contacted by multiple recruiters regarding Campbell Soup's search. Plaintiff alleges two recruiters contacted Cary Hayes, a Campbell Soup employee, about Plaintiff and that Hayes told them to stop speaking and wasting their time with Plaintiff. Plaintiff pleads the job listing was eventually removed from public viewing and that the process to find Plaintiff's replacement was taken up by a paid executive search firm.
On September 8, 2017, following what appears to be several unanswered e-mails to Harrison regarding his termination and potential openings at Campbell Soup, Plaintiff inquired about Task Management officially withdrawing its representation of him. Harrison responded that Task Management would withdraw its representation of him for any further job postings through Campbell Soup. After this withdrawal, it appears Plaintiff attempted in various ways to apply for his role at Campbell Soup again, which had been relisted, but Plaintiff was not rehired or given an opportunity to compete for the role.
Johnathan Wetchler, a legal representative of Campbell Soup from the law firm Duane Morris, informed Plaintiff on November 15, 2017 that his previous position had been filled in October 2017. Plaintiff argues this information contradicts the fact that Campbell Soup had retained an executive search firm to look for someone to fill the position. Plaintiff pleads that Denise Morrison,8 Barroso, Keller, and Hayes asked Wetchler to communicate to Plaintiff that his role at Campbell Soup had been filled in October 2017.
Plaintiff learned from Corie Hess, Task Management's Human Resource Manager, that the contract with Task Management was terminated because Task Management or Campbell Soup found outPlaintiff had filed lawsuits with other employers. Plaintiff admits to filing lawsuits against previous employers. On September 22, 2017, Plaintiff reported to Scott, Mohan, and possibly others that Hess had told him he was terminated because of his previous lawsuits. Plaintiff alleges Mohan, Morrison, Barroso, Keller, and Hayes either made the decision or supported the decision to terminate the Task Management Agreement and encouraged subordinates to lie to Plaintiff about why the Task Management Agreement was terminated.
Bernard Jacques is a legal representative for Task Management from the law firm McElroy, Deutsch, Mulvaney & Carpenter ("MDMC"). Jacques sent Plaintiff an October 6, 2017 letter, which "threaten[ed] Plaintiff [with] criminal prosecution." Plaintiff pleads Jacques initiated a private citizen criminal prosecution against Plaintiff in Connecticut and told Plaintiff that he "wanted to send Plaintiff for psychiatry treatment." Plaintiff pleads he was contacted by a Ridgefield, Connecticut detective by the name of Lou Kava. Plaintiff pleads Campbell Soup and Task Management attempted to induce the State of Connecticut to launch a criminal investigation against him.
Plaintiff initiated the 17-7506 action on September 25, 2017 with the filing of a 109-page complaint, containing 693numbered paragraphs. The initial complaint brought claims against Task Management, Mohan, Harrison, Hess, and Campbell Soup (listed as a "nominal defendant"). Plaintiff asserted federal question as his basis for jurisdiction. The Court issued an October 2, 2017 Order to Show Cause, finding Plaintiff's complaint did not raise a federal question, finding Plaintiff's complaint in violation of Federal Rule of Civil Procedure 8(a), and allowing Plaintiff fifteen days to amend his complaint to properly assert subject matter jurisdiction.
Plaintiff filed his Amended Complaint on October 10, 2017, removing Campbell Soup as a defendant in what the Court interpreted as an attempt to assert diversity jurisdiction. The Amended Complaint was 155 pages with 943 numbered paragraphs. On October 11, 2017, the Court issued another Order to Show Cause finding Plaintiff failed to sufficiently plead the citizenship of Defendants. The Court again found Plaintiff violated Rule 8(a) and allowed Plaintiff fifteen days to file another amended complaint.
Plaintiff filed a Second Amended Complaint on October 13, 2017, which was 154 pages and consisted of 953 numbered paragraphs. The Second Amended Complaint did not list Campbell Soup as a defendant. The Court issued an October 17, 2017 Order to Show Cause, again finding Plaintiff failed to properly plead citizenship, finding Plaintiff violated Rule 8(a), and allowingPlaintiff fifteen days to file another amended complaint. On October 18, 2017, Plaintiff filed his Third Amended Complaint, consisting of 164 pages and 990 numbered paragraphs. The Third Amended Complaint did not list Campbell...
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