ACADEMY EXPRESS, LLC. v. RUTGERS

No. A-4072-11T4

ACADEMY EXPRESS, LLC, a. New Jersey Domestic Limited Liability Company, Plaintiff-Appellant/Cross-Respondent, v. RUTGERS, THE STATE UNIVERSITY, a body corporate and politic organized and existing pursuant to Rutgers, the state university law, N.J.S.A. 18A:65-1 et seq. and NATALIE A. CALLEJA, individually and in her capacity as the Associate Director of the Purchasing Department of Rutgers, the State University, Defendants-Respondents/Cross-Appellants, and KEVIN LYONS, in his official capacity as the Executive Director of the Purchasing Department of Rutgers, The State University, BRUCE C. FEHN, in his official capacity as the Senior Vice President for Finance and Administration of Rutgers, The State University, BOARD OF GOVERNOR OF RUTGERS, THE STATE UNIVERSITY, in its official capacity as the body vested with general supervision over the government, control, conduct, management and administration of Rutgers, The State University, RICHARD McCORMICK, in his official capacity as President and Chief Executive Officer of Rutgers, The State University and KIMBERLEE M. PASTVA, in her official capacity as the representative of the UNIVERSITY CUSTODIAN OF RECORDS of Rutgers, The State University, Defendants, and FIRST TRANSIT, INCORPORATED, a foreign corporation doing business in New Jersey and RICARDO "RICK" PULIDO, individually and in his capacity as an employee and Director of New Business-Shuttles of First Transit, Incorporated, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided September 30, 2015.


Attorney(s) appearing for the Case

Matthew J. Giacobbe argued the cause for appellant/cross-respondent (Cleary, Giacobbe, Alfieri, Jacobs, LLC, attorneys; Mr. Giacobbe and Christopher J. Brennan , on the briefs).

Gavin J. Rooney argued the cause for respondents/cross-appellants Rutgers, the State University and Natalie Calleja (Lowenstein Sandler, LLP, attorneys; Mr. Rooney, of counsel and on the brief; Julie Levinson Werner and Joseph A. Fischetti , on the briefs).

Thomas P. Scrivo argued the cause for respondents First Transit, Inc. and Ricardo Pulido (McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys; Mr. Scrivo and Greg Trif, of counsel and on the brief).

Before Judges Lihotz, Espinosa and Rothstadt.


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

The opinion of the court was delivered by

This matter arises from the failed bid of plaintiff Academy Express, LLC (Academy) to win a contract with defendant Rutgers, the State University (Rutgers or the University) to operate the school's bus system...

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