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IVAN v. COUNTY OF MIDDLESEX

Civil Action No. 03-1703 (WHW).

595 F.Supp.2d 425 (2009)

Joan IVAN and Angel Jazikoff, Plaintiffs, v. COUNTY OF MIDDLESEX; Middlesex County Sheriff's Department; Sheriff Joseph C. Spicuzzo, individually and in his official capacity as Sheriff of the Middlesex County Sheriff's Department; Undersheriff Angelo Falcone, individually and in his official capacity as Sheriff's Officer of the Middlesex County Sheriff's Department; Lieutenant Donald Blount, individually and in his official capacity as Sheriff's Officer of the Middlesex County Sheriff's Department; Sergeant Bruce Allen, individually and in his official capacity as Sheriff's Officer of the Middlesex County Sheriff's Department; Officer Robert Landis, individually and in his official capacity as Sheriff's Officer of the Middlesex County Sheriff's Department; Officer Alexander Pepenella, individually and in his official capacity as Sheriff's Officer of the Middlesex County Sheriff's Department and John Does 1-10 (fictitious names) individually and in their official capacities as Sheriff's Officers of the Middlesex County Sheriff's Department, Defendants.

United States District Court, D. New Jersey.

January 21, 2009.

Attorney(s) appearing for the Case

Peter Ciolino, Esq., Harwood Loyd, Hackensack, NJ, for Mediator.

Jeffrey G. Garrigan, Esq., John P. Nulty, Jr., Esq., Cammarata, Nulty & Garrigan, L.L.C., Jersey City, NJ, and for Plaintiffs Joan Ivan and Angel Jazikoff.

Joseph V. Biancamano, Esq., Lawrence F. Citro, Esq., Biancamano & Di Stefano, Edison, NJ, Patrick J. Bradshaw, Esq., Kelso & Bradshaw, Esqs., New Brunswick, NJ, for Defendants Count of Middlesex, Middlesex County Sheriff's Department.

Craig L. Corson, Esq., Hoagland, Longo, Moran, Dunst & Doukas, Llp, New Brunswick, NJ, for Defendant Undersheriff Angelo Falcone.

Lori A. Dvorak, Esq., Marc D. Mory, Esq., Dvorak & Associates, Llc, New Brunswick, NJ, for Defendant Lieutenant Donald Blount.

Michael John Stone, Esq., The Stone Law Group, Warren, NJ, for Defendant Sergeant Bruce Allen.

Clark W. Convery, Esq., Convery, Convery & Shihar, Edison, NJ, for Defendant Officer Robert Landis.

George A. Spadoro, Esq., Keyana Capri Laws, Esq., Wolff & Samson PC, Offices at Crystal Lake, West Orange, NJ, for Defendant Officer Alexander Pepenella.

OPINION

WALLS, Senior District Judge.

Both plaintiffs and defendants move for summary judgment. Defendants' motions are granted in part and denied in part. Plaintiffs' motion is denied.

FACTS AND PROCEDURAL BACKGROUND

This matter arises from allegations of sexual harassment and gender discrimination in the Middlesex County Sheriff's Department (the "Department"), where plaintiffs Joan Ivan and Angel Jazikoff served

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