The City of Bayonne is seeking a protective order in a former employee’s lawsuit after an incident where she allegedly stalked and recorded one of the defendants and posted the video on social media, with her attorney disputing what occurred.
By John Heinis/Hudson County View
“[The defendants] will cross move … for an order reinstating Defendants’ Answer and Affirmative Defenses that were previously stricken without prejudice; and for a protective order preventing Plaintiff’s further attempts to disseminate Defendants’ confidential security, safety, personnel, and medical information on social media,” Stephen Boraske, an associate for Florio Perucci Steinhardt Cappelli Tipton & Taylor, wrote on July 13th.
“And further preventing Plaintiff from attempting to harass and intimidate Defendant Linda Vanderweerden by stalking, following, and recording her in-person and/or by posting disparaging videos on social media.”
Sincerrae Ross filed a lawsuit in December 2019 alleging that City Hall was “a sexually charged hostile work environment and a culture of sex within the work place.”
The case has not moved much since then, with Ross’ attorney, Juan Cervantes, filing a motion last month seeking to strike answers and enter default since depositions have been delayed for months, as only HCV reported.
Her lawsuit names nearly two dozen defendants, including Mayor Jimmy Davis, Business Administrator Donna Russo, former Business Administrator Joe DeMarco, Law Director Jay Coffey, and Public Safety Director Robert Kubert.
Today, Cervantes filed a reply brief alleging that the plaintiff has met the standard needed to strike pleadings with prejudice, again citing that they failed to meet a court order from December 5th, 2022 that compelled the defendants to give depositions.
He also said that a protective order “is inappropriate and would only prejudice plaintiff.”
“Defendant Vanderweeden has alleged that Plaintiff stalked, followed, and harassed her on July 11, 2023; however, Defendant’s own account demonstrates that Plaintiff did none of those things,” Cervantes argues.
“Plaintiff is a resident of the City of Bayonne where Defendant Vanderweeden works, so naturally the possibility exists that the two of them would encounter each other by happenstance, which is what occurred on July 11, 2023. To frame such an interaction as following, stalking, and harassing is irresponsible, given the likelihood of run-ins occurring.”
He added that Ross did not commit a crime on the aforementioned date, nor did she attempt to do so.
A trial date is currently set for October 24th, though that date could change again if Hudson County Superior Court Judge Joseph Turula rules to allow the depositions to proceed, with a decision on the related motions scheduled for Friday, July 21st.
