Case 3:15-cv-01078.

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UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
DONNA MANSFIELD,

Civil Action No.:

Plaintiffs,
-against-

COMPLAINT
Plaintiff Demand a Jury Trial

TOMS RIVER BOARD OF EDUCATION and

PE TER BRATTAN
Defendants
X
Plaintiff, DONNA MANSFIELD appearing by her attorneys, AKIN LAW GROUP PLLC as
and for her Complaint against the Defendants, respectfully allege as follows:

PRELIMINARY STATEMENT
I . The Defendants discriminated against Plaintiff DONNA MANSFIELD based on her sex and

further retaliated against the Plaintiff for complaining about the discrimination.
2. More specifically, this is an action for monetary damages, for the Defendants' violation of
Plaintiffs rights under Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2000e-17
et seq. as amended), regarding unlawful discrimination regarding Plaintiffs sex and for
retaliating against the Plaintiff for complaining about said discrimination, in violation of
704(a) of the Civil Rights Act of 1964, as amended.
3. In addition, Defendants Discriminated and retaliated against the Plaintiff in further violation of
New Jersey Law Against Discrimination N.J.S.A. 10:5-1 et seq.

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JURISDICTION AND VENUE

4. The jurisdiction of this Court over this controversy is invoked pursuant to 28 U.S.C. 1331
and 1343, as this action involves federal questions.
5. The Court has supplemental jurisdiction pursuant to 28 U.S.C. 1367(a) over related claims
brought under the New Jersey Law Against Discrimination and New Jersey State common law.
6. In addition, this Court is empowered to issue a declaratory judgment pursuant to 28 U.S.C.
2201 and 2202.
7. Plaintiff DONNA MANSFIELD (herein after "Ms. Mansfield") duly filed a Charge of
Discrimination (No. 524-2014-00859) with the United States Equal Employment Opportunity
Commission.
8. The EEOC forwarded the action to the United States Department of Justice and the United
Stated Department of Justice issued Ms. Mansfield a Notice of Right to Sue dated December
14, 2014.
9. Venue is appropriate under 28 U.S.C. 1391 (b) and (c) (Substantial Part of the Events and
Contacts), as a substantial part of the acts or omissions giving rise to the claims alleged herein
occurred within this judicial district, the Defendants regularly conducts business in this district
and the Defendant is subject to personal jurisdiction in this disti ict.
PAR l'IES
10, That at all the times hereinafter mentioned, the Ms. Mansfield was and still is a resident of the
State of New Jersey, County of Ocean.
11. That at all the times hereinafter mentioned, the Defendant TOMS RIVER BOARD OF
EDUCATION (hereinafter "BOE") was and is an organized board existing by virtue of the
laws of the state of New Jersey.

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12.That at all times hereinafter mentioned, Defendant PEIER BRATTAN (''Brattan"), is an

individual and resident of the State of New Jersey, County of Ocean.
13.That at all times hereinafter mentioned, Defendant BOE operates out of its offices at 1144
Hooper Avenue Toms River, New Jersey 08753.
14.That at all times hereinafter mentioned, Defendants BRATTAN is employed at the Defendant
BOE's office located at 1144 Hooper Avenue Toms River, New Jersey 08753.

FACTS
15. That on or about August 1998, Ms. Mansfield commenced employment with the Defendant
BOE as Manager for Cafe 1144.
16.That at all times mentioned, Defendant PETER BRATTAN was and is employed as a Food
Service Director with the Defendant BOE.
17.That at all times mentioned, Defendant PE IER BRATTAN was a senior and/or superior of
Plaintiff with regard to their employment at Defendant BOB.
18.That at all times mentioned, Defendant PhihR BRATTAN was an agent, servant and or
employee at Defendant BOE.
19.That at all times mentioned, Defendant PETER BRATTAN was a senior and/or superior of
Plaintiff with regard to their employment at Defendant BOE.
20. That on or about 2010, the former superintendant of BOE, Mike Ritacco, was brought up on
criminal charges and stepped down from his position.
21. That at the time, Ms. Mansfield was dating Mike Ritacco.
22. That after Mike Ritamo stepped down from his position from the BOE, Frank Roselli, the
interim superintendant, directed Ms. Mansfield in for a meeting and told her that she needs to

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resign from her employment with the BOE.

23. That Ms. Mansfield explained to Frank Roselli that she did not do anything wrong and that
would not like to resign.
24. That Frank Roselli became angry then proceeded to retaliate against Ms. Mansfield by taking
away two of Ms. Mansfield's assigned facilities, the John Bennet Arena and The Pine Belt
Arena.
25. That in addition, Defendant BOE then cut Ms. Mansfield salary by $20,000 in retaliation.
26. That at all times herein relevant, Ms. Mansfield then called her union representative and filed
an unfair labor practice against the BOE.
27. That upon filing the unfair labor practice grievance, Defendants escalated their retaliatory
conduct.
28. That after running three facilities of the Defendant BOE as a manager for nearly 14 years,
Defendant BOE transferred Ms. Mansfield.
29. That Defendant 130E then assigned Defendant PETER BRATFAN as the direct supervisor of
Ms. Mansfield.
30. That at all times herein relevant, PE .tER BRATTAN was in a superior position to Ms.
Mansfield.
31. That at all times herein relevant, Ms. Mansfield reported directly to PE 11.R BRATTAN.
32. That on or about May 2012, Ms. Mansfield was instructed to arrange the dinner for the junior
prom at the High School North with the assistance of PEI BRATTAN.
33. That at all times herein, PE ER BRA I 1 AN hired a cook and asked Ms. Mansfield to sign
vouchers for the new cook on hours that the cook actually did not work. Ms. Mansfield refused
to do so advising Ms. Mansfield that it was illegal to do so.

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34. That at all times herein relevant, PETER BRA II AN then asked Ms. Mansfield to make one of
the female employees, Theresa Guazzo, miserable so that she would leave the cafe because he
did not like her. Ms. Mansfield again refused to do so.
35. That the next day, while Ms. Mansfield was sitting at the cafe and creating menus for the week,
PE'T'ER BRATTAN entered the cafe and approached Ms. Mansfield from the back and put his
arms down around Ms. Mansfield's shoulders and arms rubbing them up and down without her
permission or consent.
36. That at all times herein relevant, PETER BRATTAN then leaned forward while behind Ms.
Mansfield back and stated "you smell good".
37. Ms. Mansfield was shocked and extremely uncomfortable and immediately told PETER
BRATTAN to "back off' and "not to touch her again".
38. That upon Ms. Mansfield's continued refusal to submit to his sexual advances, PETER
BRATT'AN continued his retaliatory conduct
39. That the following the two weeks before a scheduled prom , the chef that PE LEER BRA I IAN
hired resigned from the position so Ms. Mansfield and PHIER BRATTAN discussed how to
provide dining for the prom of over 450 attendees.
40. That during this period, Ms. Mansfield and PET ER BRATTAN exchanged emails about
outsourcing the work out to an outside provider. This was standard practice in the past for such
a big event.
41. Later that week, PETER BRATTAN stopped by the cafd and agreed upon outsourcing the
junior prom dining.
42. That at the end of the event. PETER BRATTAN then realized the he was not allowed to
outsource the work as he had instructed Ms. Mansfield to do so. PETER BRATTAN then

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wrote up Ms. Mansfield for insubordination.

43. That as a result, Ms.. Mansfield called the union representative again and came in to speak
with Bill Doering explaining of PETER BRATTAN's conduct. Bill Doering then discarded the
insubordination slip.
44. That at all times herein relevant, PETER BRATTAN at this point became even angrier and
threatened that "he would have Ms. Mansfield fired one way or another".
45. Later that day, PETER BRATTAN came down to the caf and told Ms. Mansfield that: "I am
going to bust your balls every day until you leave". At this point, PEER BRATTAN then
transferred Ms. Mansfield to work in the main school right next to his own office, Bill Doering
and Frank Roselli.
46. That PETER BRATTAN continued his retaliation against Ms. Mansfield by refusing to sign
her mileage voucher, by screaming at her and making false allegations that she was stealing.
47. That PEI ER BRAI 1 AN continued his sexual harassment by inquiring to Ms. Mansfield about
her sex life and her sexual interests.
48. That PETER BRATTAN continued his sexual harassment by asking Ms. Mansfield if she was
dating anyone and having sex.
49. That PETER BRATTAN continued his sexual harassment by making inappropriate and
unwelcome sexual advances at Ms. Mansfield.
50, That at all times herein relevant, Ms. Mansfield declined all advances by PE1ER BRATTAN
and expressed to PETER BRATTAN that his inquiries were inappropriate.
51. That PE1ER BRATTAN continued his sexual harassment by asking other female employees
about Ms. Mansfield's sexual relationships with other people and where she lived.
52. That despite Ms. Mansfield's refusal to his advance, PETER BRATTAN continued his sexual

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harassment by coming into the John Bennet Arena again while Ms. Mansfield was on duty.
PE1ER BRAllAN then approached Ms. Mansfield again from the back and rubbed his hands
around her shoulders and arms without her permission or consent,
53. That PE I E.R BRATTAN continued his sexual harassment by making sexual advances to Ms.
Mansfield despite her refusal. Ms. Mansfield told PETER BRATTAN to stop and to not touch
her like that ever again.
54. That on another occasions, PETER BRATTAN asked Ms. Mansfield to go to a convention
with him and that they could drive alone in his Camaro.
55. That after Ms. Mansfield turned down this offer, PETER BRA11AN overburdened Ms.
Mansfield by making her cook eighty (80) turkeys by herself, in retaliation for not being
submissive.
56. That PETER BRATTAN continued his sexual harassment by questioning other female
employees about who Ms. Mansfield went away on vacation with and who she was dating.
57. That at all times herein relevant, realizing that the sexual harassment was not going to end, Ms.
Mansfield filed an affirmative action because of the sexual harassment against PETER
BRATTAN on November 22, 2013.
58. That upon filing the affirmative action, PETER BRATTANS behavior became worse as he
continued to retaliate and threatened to fire Ms. Mansfield or finding a way for her to be forced
to resign.
59. That on or about June 2014, Defendants unlawfully terminated Ms. Mansfield's employment
60. That at all times herein relevant, PETER BRATTAN aided and abetted in the discrimination
and retaliation against Ms. Mansfield.

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FIRST CAUSE OF AC flON PURSUANT TO TITLE VII

1 The Plaintiff repeats, reiterates, realleges and incorporates by reference all the allegations
contained in the preceding paragraphs as if more fully set forth herein at length.
2. By engaging in the foregoing conduct, Defendants violated Plaintiffs' rights under Title VII of
the Civil Rights act, subjected the Plaintiff to sexual harassment, hostile work environment and
to discrimination because of her sex.
3. By engaging in the foregoing conduct, Defendants subjected the Plaintiff to hostilities in
violation of Title VII of the Civil Rights.
4, As a result of the foregoing, Plaintiff have suffered and sustained severe emotional and
psychological pain, distress and injury with physical manifestation, entitling plaintiff to
compensatory damages.
5. By acting as described above, Defendants acted with malice and reckless disregard for
Plaintiffs rights, rAnsing Plaintiff to sustain loss of enjoyment of life and other non-pecuniary
losses entitling plaintiff to compensatory damages.
6. Plaintiff has suffered, is now suffering and will continue to suffer irreparable injury, mental
anguish and humiliation and damage to her reputation as a result of Defendants' discriminatory
practices and sexual harassment.
7. By acting as described above, Defendants acted with malice and reckless disregard for
Plaintiff's rights, causing Plaintiff to suffer and sustain monetary damages, pecuniary losses,
promotions, raises, bonuses, inconvenience, and benefits.
8. That by reason of the foregoing, Plaintiffs demand a judgment against the Defendants.

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SECOND CAUSE OF ACTION PURSUANT TO TITLE VII - RETALIATION

9. The Plaintiff repeats, reiterates, realleges and incorporates by reference all the allegations
contained in the preceding paragraphs as if more fully set forth herein at length.
10. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-3(a) provides that it
shall be unlawful employment practice for an employer:
"(1) to . . . discriminate against any of his employees , . . because (s)he has opposed
any practice made an unlawful employment practice by this subchapter, or because
[s]he has made a charge, testified, assisted or participated in any manner in an
investigation, proceeding, or hearing under this subchapter."
11. Defendants engaged in unlawful employment practice prohibited by 42 U.S.C. 2000e et. seq.,
by retaliating and discriminating against Plaintiff as a result of Plaintiffs opposition to the
Defendants' unlawful employment practices.
12. As a result of the foregoing, Plaintiff has suffered and sustained severe emotional and
psychological pain, distress and injury with physical manifestation, entitling plaintiff to
compensatory damages.
13. By acting as described above, Defendants acted with malice and reckless disregard for
Plaintiff's rights, causing Plaintiffs to sustain loss of enjoyment of life and other non-pecuniary
losses entitling plaintiff to compensatory damages.
14. Plaintiff has suffered, is now suffering and will continue to suffer irreparable injury, mental
anguish and humiliation and damage to her reputation as a result of Defendants' discriminatory
practices
15. By acting as described above, Defendants acted with malice and reckless disregard for
Plaintiff's rights, causing Plaintiff to suffer and sustain monetary damages, pecuniary losses,
promotions, raises, bonuses, inconvenience, and benefits.
16. That by reason of the foregoing, Plaintiff demand a judgment against the Defendants.

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THIRD CAUSE OF ACTION PURSUANT TO NEW JERSEY LAW AGAINST

DISCRIMINATION
17.The Plaintiff repeats, reiterates, realleges and incorporates by reference all the allegations
contained in the preceding paragraphs as if more fully set forth herein at length.
18.By and through the conduct described above, Defendants violated the New Jersey Law Against
Discrimination, N.J.SA 10:5-1 et seq. by subjecting Plaintiff to sexual harassment, hostile
work environment and discriminating against the Plaintiff because of her sex..
19.By engaging in the foregoing conduct, Defendants violated Plaintiff's rights under New Jersey
Law Against Discrimination, subjecting Plaintiff to a hostile work environment.
20. As a result of the foregoing, Plaintiff has suffered and sustained severe emotional and
psychological pain, distress and injury with physical manifestation, entitling Plaintiff to,
compensatory damages.
21. By acting as described above, Defendants acted with malice and reckless disregard for
Plaintiff's rights, causing Plaintiff to sustain loss of enjoyment of life and other non-pecuniary
losses entitling plaintiff to compensatory damages.
22. Plaintiff has suffered, is now suffering and will continue to suffer irreparable injury, mental
anguish and humiliation and damage to her reputation as a result of Defendants' discriminatory
practices
23. By acting as described above, Defendants acted with malice and reckless disregard for
Plaintiff's rights, causing Plaintiff to suffer and sustain monetary damages, pecuniary losses,
promotions, raises, bonuses, inconvenience, and benefits.
24. That by reason of the foregoing, Plaintiff demands a judgment against the Defendants.

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FOURTH CAUSE OF ACTION PURSUANT TO NEW JERSEY LAW AGAINST

DISCRIMINATION RETALIATION
25. The Plaintiff repeats, reiterates, realleges and incorporates by reference all the allegations
contained in the preceding paragraphs as if more fully set forth herein at length,
26. By and through the conduct described above, Defendants violated the New Jersey Law Against
Discrimination, N.J.S.A 10:5-1 et seq., by retaliating against the Plaintiff for her complaints
about sexual harassment and discriminatory treatment against her by the Defendants.
27. Defendants engaged in unlawful employment practice prohibited by New Jersey Law Against
Discrimination, by retaliating and discriminating against Plaintiff as a result of Plaintiffs
opposition to the Defendant& unlawful employment practices.
28. As a result of the foregoing, Plaintiff has suffered and sustained severe emotional and
psychological pain, distress and injury with physical manifestation, entitling Plaintiff to
compensatory damages.
29. By acting as described above, Defendants acted with malice and reckless disregard for
Plaintiffs,rights, causing Plaintiff to sustain loss of enjoyment of life and other non-pecuniary
losses entitling plaintiff to compensatory damages.
30. Plaintiff has suffered, is now suffering and will continue to suffer irreparable injury, mental
anguish and humiliation and damage to her reputation as a result of Defendants' discriminatory
practices
31. By acting as described above, Defendants acted with malice and reckless disregard for
Plaintiff's rights, causing Plaintiff to suffer and sustain monetary damages, pecuniary losses,
promotions, raises, bonuses, inconvenience, and benefits.
32. That by reason of the foregoing, Plaintiff demands a judgment against the Defendants.

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FIFTH CAUSE OF ACTION PUNITIVE DAMAGES

33. The Plaintiff repeats, reiterates, realleges and incorporates by reference all the allegations
contained in the preceding paragraphs as if more fully set forth herein at length.
34. That at all times hereinafter mentioned, Defendants knew that their actions constituted
unlawful discrimination and unlawful retaliation in violation of the law.
35. That at all times hereinafter mentioned, Defendants acted with malice or reckless disregard
and/or with the intention to violation of the law.
36. As a result of the foregoing, Plaintiff seeks declaratory relief, compensatory damages and
punitive damages, together with reasonable attorneys' fees, costs of this action, pre-judgment
and post-judgment intent, and other appropriate relief pursuant to the Title VII and New
Jersey Law Against Discrimination.

PRAYER FOR RELIEF

'WHEREFORE, Plaintiff respectfully request that the Court enter judgment in Plaintiffs favor
and against Defendants, containing the following relief:
A. A declaratory judgment that the actions, conduct and practices of defendants complained of
herein violate the laws of the United States and the State of New Jersey.
B. An injunction and order permanently removing arid clearing information to the contrary
contained in the Plaintiff employee file and restraining defendants from engaging in such
unlawful conduct;
C. An order directing defendants to take such affirmative action as is necessary to ensure that
the effects of these unlawful employment practices are eliminated;
D. An award of damages in an amount to be determined at trial, plus prejudgment interest, to
compensate plaintiff for all monetary and/or economic damages, including but not limited to,
the loss of past and future income, wages, compensation, seniority, Medical and Dental
benefits and other benefits of employment;
E. An award of damages in an amount to be determined at trial, plus prejudgment interest, to

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compensate Plaintiff for loss of benefits, promotions, raises and opportunities;

F.

An award of damages in an amount to be determined at trial, plus prejudgment interest, to

compensate Plaintiff for all non-monetary and/or compensatory damages/including but not
limited to, compensation for his mental anguish, humiliation, embarrassment, stress and
anxiety, emotional and psychological pain and suffering, emotional and psychological
distress and the physical manifestations caused;

G. An award of damages in an amount to be determined at trial, plus prejudgment interest, to

compensate plaintiff for ham to her professional and personal reputation and loss of career
fulfillment;
H.

An award of damages for any and all other monetary and/or non-monetary losses suffered by
Plaintiff in an amount to be determined at trial, plus prejudgment interest;

I.

An award of punitive damages;

J.

An award of costs that plaintiff has incurred in this action, as well as plaintiffs reasonable
attorneys' fees to the fullest extent permitted by law; and

K. Such other and further relief as the Court may deem just and proper.
Dated: February 10, 2015
New York, New York
Respectfully Submitted
AKIN LAW GROUP PLLC
Attorneys for Plaintiff
/s/ Emre Polat
By: Emre Polat (EP 1814)
45 Broadway, Suite 1420
New York, New York 10006
(212) 825-1400

Cas -

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U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, MN!
Karen Ferguson, EMP, NIB, Room 4239
Washington, DC 20530

CERTIFIED MAIL
2015 0317

December 15, 2014

Ms. Donna Marie Mansfield
c/o Ernre Polat, Esquire
Akin Law Group
45 Broadway
Suite 1420
New York, NY 10006

Re: EEOC Charge Against_ Toms River Board of Education

No. 524201400859
Dear Ms. Mansfield:
Because you filed the above charge with the Equal Employment Opportunity Commission, and more
than 180 days have elapsed since the date the Commission assumed jurisdiction over the charge, and no
suit based thereon has been filed by this Department, and because you through your attorney have
specifically requested this Notice, you are hereby notified that you have the right to institute a civil
action under. Title. VII of thoCivil Rights Act of 1964, as amended, 42 U.S,C. 2000e, et seq., against the
above-named respondent.
If you choose to commence a civil action, such suit must be filed in the appropriate Court within 90
days of your receipt of this Notice.
The investigative file pertaining to your case is located in the EEOC Philadelphia District Office,
Philadelphia, PA.
This Notice should not be taken to mean that the Department of Justice has made a judgment as to
whether or not your case is meritorious.
Sincerely,
Vanita Gupta
Acting Assistant Attorney General
'iv I Rights Division
by

arcn L. Ferguson
Civil Rights Analyst
Supervi
Employment Litigation Section
cc: Philadelphia District Office, EEOC
Toms River Board of Education

GENERAL RELEASE
THIS GENERAL RELEASE (hereinafter "this Release") is entered into by and
between DONNA MANSFIELD, (hereinafter "Plaintiff') and TOMS RIVER REGIONAL
BOARD OF EDUCATION and PETER BRATTAN and it past and present officers,
employees and agents (hereinafter " Defendants"), the Defendants' insurance carriers and any of
their parents, subsidiaries, affiliates, assigns, agents, employees, shareholders and successors,
and any/all healthcare and other providers, insured by them for the occurrences settled herein
(hereinafter "insurance carriers").
WHEREAS, Plaintiff, DONNA MANSFIELD, filed a Complaint against Defendants
and others in the United States District Court for the District of New Jersey, Trenton Vicinage,
entitled Donna Mansfield v. Toms River Regional Board of Education, et al, bearing Civil
Action No. 3:15CV-01078 PGS-LHG, and have asserted claims against the Defendants in
connection with alleged events arising out of Plaintiff's employment in the Toms River Regional
School District; and
WHEREAS, the parties settled all controversies between them, including Plaintiff's
claims bearing Civil Action NO. 3:15-CV-01078-PGS-LHG, and any and all related claims
which could have been asserted, whether they are presently known or unknown; and
WHEREAS, Defendants vigorously and wholly denies each and every allegation made
by Plaintiff, and entered into this settlement for reasons other than the merits of the Plaintiff's
claims, including to avoid the cost of litigation; and
NOW, for and in consideration of the Agreements, covenants and conditions herein
contained, the adequacy and sufficiency of which is hereby expressly acknowledged by the
parties hereto; it is agreed as follows:
Terms of Settlement:
a.
The Defendants, by and through its insurance carriers, hereby agrees to
pay Plaintiff, DONNA MANSFIELD, the total settlement amount of ONE HUNDRED FIFTY
THOUSAND DOLLARS and 00/100 ($150,000.00), said settlement amount being fully and
completely inclusive of all attorney's fees and costs incurred by counsel for the Plaintiff and
interest;
b.
Plaintiff agrees that, but for this General Release, they would not be
entitled to the aforesaid payment and other terms of settlement described in the subsections under
this paragraph;
c.
The settlement amount shall be paid by Defendants' insurance carriers in
the form of one or more checks. Payment shall be made within thirty (30) days upon receipt by
David P. Schroth, Esquire of Montenegro, Thompson, Montenegro & Genz of an original of this
Release executed by the Plaintiff, along with a signed original of a Stipulation of Dismissal with
Prejudice ("Stipulation") in the matter bearing Civil Action No. 3:15-CV-0178-PGS-LIIG, a W1

9 executed by Plaintiff's counsel, and a Child Support Judgment Search of the Plaintiff as
required by the applicable statute;
d.
Tax Consequences. The parties understand and agree that an IRS Form
1099 designated in a settlement amount as other income will be issued. Plaintiff agrees to
assume full liability for applicable state, federal and local taxes that may be required by law to be
paid with respect to any settlement of payment described herein. Plaintiff further agrees that in
the event that the Internal Revenue Service or any other taxing authority deems any tax, interest,
penalties or other amounts to be due from the Defendants with respect to her settlement, Plaintiff
will fully and completely indemnify the Defendants for any sums the Defendants may be
required to pay, including reasonable attorney's fees and costs. It is the intent of the parties that
the payments in paragraph 1(a) above will be the Defendant's total payments to or for the benefit
of Plaintiff. Plaintiff acknowledges and agrees that she is solely and completely responsible for
any tax obligations, liabilities, or consequences arising out of the execution of this General
Release and the payment under paragraph 1. The Parties intend this payment to compensate
Plaintiff for emotional distress and related injuries. Should it be determined that any portion of
the payment described in paragraph 1 is taxable, Plaintiff shall be solely responsible for same.
Plaintiff further agrees that they shall indemnify and hold hairiness Defendants for any and all
claims, liabilities or consequences arising out of any unsatisfied tax obligations or liabilities.
Plaintiff acknowledges that neither Defendants, nor any of its representatives or attorneys, nor
Plaintiff's attorney, has made any promise, representation, or warranty, express or implied,
regarding the tax consequences of the payment under paragraph 1. Plaintiff agrees and
understands that her attorney has instructed them to consult with an accountant or other tax
professional regarding the tax treatment of the sums paid pursuant to this General Release.
Plaintiff, DONNA MANSFIELD, certifies and warrants to the Defendants
e.
that she has no outstanding judgments for child support and that an appropriate judgment search
has been conducted. Plaintiff agrees to provide a copy of said judgment search to the Defendants
in accordance with the applicable statute as part of the settlement. In the event Plaintiff has
outstanding child support judgments, Plaintiff hereby agrees that she will satisfy all such
outstanding judgments out of the proceeds of this settlement and that she will fully and
completely indemnify the Defendants for any sums the Defendants may be required to pay,
including reasonable attorney's fees and costs, with respect to any such outstanding judgments;
and
Plaintiff's allegations against the Defendants arise out of alleged conduct
1.
which she claims caused personal injury, infliction of emotional distress and other related
damages.
Dismissal of Action: Plaintiff understands and agrees that David P. Schroth,
2.
Esquire, of counsel, Montenegro, Thompson, Montenegro & Genz, counsel for Defendants, will
file the executed original of the Stipulation of Dismissal with Prejudice with the United States
District Court for the District of New Jersey, Trenton Vicinage. The Plaintiff understands and
agrees that the terms of the aforesaid dismissal are expressly incorporated by reference with this
General Release as if fully set forth herein.

3.
Release in Consideration for the Payment and the Consideration Provided for in
This Agreement. Plaintiff personally and for her spouse, her estate and/or heirs waives, releases
and gives up any and all claims, demands, obligations, damages, including punitive damages,
liabilities, causes of action and rights, in law or in equity, known and unknown, that she may
have against respective successor and assigns, heirs, executors and personal or legal
representatives, based upon any act, event or omission occurring before the execution of this
Release including, but not limited to, any events related to, arising from or relating to or
association with the Defendant, TOMS RIVER REGIONAL BOARD OF EDUCATION.
Plaintiff specifically waives, releases and gives up any and all claims arising from or relating to
or association with the Defendants based upon any act, event or omission occurring before the
execution of this settlement, including but limited to, any claim that was asserted or could have
been asserted under any Federal and/or State statutes, regulations and/or common law, expressly
including, but not limited to any potential claim regarding:
a.

The National Labor Relations Act;

b.

Title VII of the Civil Rights Act of 1964;

c.

Sections 1981 through 1988 of Title 42 of the United States Code;

d.

The Employment Retirement Income Security Action of 1974;

e.

The Immigration Reform Control Act;

f.

The Americans with Disabilities' Act of 1990;

g.

The Age Discrimination & Employment Act of 1967;

h.

The Fair Labor Standards;

i.

The Occupational Safety & Health Act;

j.

The Family & Medical Leave Act of 1993;

k.

The Equal Pay Act;

I.

The New Jersey Law Against Discrimination;

The New Jersey Minimum Wage Law;

n.

The Equal Pay Law for New Jersey;

o.

The New Jersey Worker Health & Safety Act;

p.

The New Jersey Family Leave Act;

q.

The New Jersey Conscientious Employee Protection Act;

r.
Any anti-retaliation, anti-harassment, anti-discrimination and any antihostile work environment provision of any statute or law;
s.
Any other federal, state or local, civil or human right law or any other
local, state or federal law, regulation or ordinance, any, provision of any federal state
constitution, any public policy, contract, tort or common law, or any losses, injuries or damages
(including back pay, front pay, liquidated, compensatory or punitive damages, attorney's fees
and costs).
t.
Any common law claims for negligence, assault, battery, infliction of
emotional distress and any and all other common law claims arising out of this litigation; and
u.

42 U.S.C. 1983, 1988.

4.
Attorney's Fees and Costs. Plaintiff agrees that no amounts other than the
payments to be made pursuant to paragraph 1 of this Release shall be sought by or owed to
Plaintiff or her attorney in connection with this matter.
No Admission of Liability. It is expressly understood that neither the execution
5.
of this Agreement nor any other action taken by the Defendants in connection with Plaintiff's
alleged claims or this settlement, constitutes an admission by the Defendants of any violation of
any law, duty or obligation, or that any decisions or actions taken in connection with Plaintiff
was unwarranted, unjustified, retaliatory, discriminatory, wrongful or otherwise unlawful. It is
further understood that the Defendants have entered into this Agreement for reasons other than
the merits of Plaintiff's claims including to avoid the cost of litigation and that the Defendants
specifically deny any liability to Plaintiff or to any other person.
6.
\greement. This Release contains the sole and entire Agreement between
the parties hereto and fully supersedes any and all prior Agreements and understandings
pertaining to the subject matter hereof. Plaintiff represents and acknowledges that, prior to
executing this Release, she consulted her attorneys Zafer Akin, Esq., Gulsah Senol, Esq. and The
Akin Law Group and had ample time to do so, obtained the advice of counsel prior to making the
decision to execute the Release, and that Plaintiff has not relied upon any representation or
statement not set forth in this Release made by any other party thereto, or their counsel or
representatives, with regard to the subject matter of this Release. No other promises or
Agreements shall be binding unless in writing, signed by the parties hereto, and expressly stated
to represent an amendment to this Release.
Severabi I ity. Plaintiff agrees that if any Court declares any portion of this
7.
Agreement unenforceable, the remaining portion shall be fully enforceable.
Applicable Law. This General Release shall be construed and interpreted in
8.
accordance with the laws of the State of New Jersey. Plaintiff agrees that any action to enforce

or interpret this Release shall only be brought in by a court of competent jurisdiction of the State
of New Jersey or the Federal Courts of New Jersey.
9.
No Claims Permitted/Covenant Not to Sue: Plaintiff waives Plaintiffs right to
file any charge or complaint on Plaintiff's own behalf and/or to participate as a complainant, a
Plaintiff, or charging party in any charge or complaint which may be made by any other person
or organization on Plaintiff's behalf, with respect to anything which has happened up to
execution of this General Release before any federal, state or local court or administrative
agency against the Defendants, its employees, agents and representative except if such waiver is
prohibited by law. Should any charge or complaint be filed, Plaintiff agrees that Plaintiff will not
accept any relief or recovery therefrom. Plaintiff confirms that no such charge, complaint or
action exists in any forum or form other than the Complaint hearing Civil Action No. 3:15-CV0178-PGS-LHG and covenant not to file any charge, complaint or action in any forum or form
against the Defendants based upon anything which is encompassed by the terms of this General
Release. Except as prohibited by law, in the event that any such charge, complaint or action is
filed by Plaintiff, it shall be dismissed with prejudice upon presentation of this General Release
and Plaintiff shall reimburse the Defendants for the cost, including attorney's fees of defending
any such action.
10. Notice of Subpoena and/or Deposition: Should Plaintiff be served by any person
or entity other than Defendant with a deposition notice; subpoena or Court Order that relates to
any proceeding in which Defendant are parties, or in which Plaintiffs have any reason to believe
that Plaintiff's testimony or any other information may be sought as to Defendants, Plaintiffs
shall promptly advise Plaintiffs' counsel, Zafer Akin, Esq., Gulsah Senol and The Akin Law
Group, who will then promptly advise the attorney for the Defendant, Ben A. Montenegro, Esq.
of the same. Plaintiff shall also promptly cause a copy of such deposition notice, subpoena or
Court Order to be forwarded promptly to the law firm of The Akin Law Group. Plaintiff or
Plaintiffs counsel will also ensure that Ben A. Montenegro, Esq. will promptly receive a copy of
such deposition notice, subpoena or Court Order at Montenegro, Thompson, Montenegro &
Genz, 531 Burnt Tavern Road, Brick, NJ 08724; phone 732-295-4500; fax 732-295-2530.
Plaintiff agrees that if Defendant applies to any Court to seek a Protective Order with respect to
any subpoena or Court Order with which they have been served, Plaintiff will not oppose that
application.
Inadmissibility of Release and Settlement Agreement: The parties agree that this
11.
Agreement and the terms relating to the settlement contained herein shall be inadmissible in any
other proceeding(s) except in an action to enforce this Agreement.
No Cooperation/Participation: Plaintiff covenants and agrees that Plaintiff will
12.
not provide information or consulting advice or counsel to, or other wise cooperate with or assist
in any manner, any entity or person, including, but not limited to, any employee or former
employee of the Defendants asserting, or seeking to assert any cause of action, charge for any
claim whatsoever against the Defendants unless compelled to do so by force of law or subpoena,
with respect to any matter that is the subject of this action.

13.
Agreement Not to Disparage: In further consideration for the above, Plaintiff
shall not, in any manner whatsoever, make any disparaging remarks or comments whatsoever
about the Defendants and/or any of their current or former employees, officers and/or directors,
and/or board members, and/or their work, services, or to otherwise take any action that would
adversely affect their personal or professional reputations.
14.
Confidentiality: This Agreement, all of the terms and information contained
herein, all of the negotiations leading to it, all of the communications generated pursuant to it,
and any and all communications, either written or oral, concerning the subject matter of this
lawsuit or related to the facts and circumstances of the Released Claims, whether made during
the lawsuit or prior to the filing of the lawsuit, shall be kept strictly confidential by Plaintiff and
Defendants and shall not be disclosed to any person, corporation or other entity not a party to this
Agreement, except as follows:
a.

As permissible or allowable under law;

In response to a judicial Order (including a subpoena) compelling

b.
disclosure, or upon the mutual agreement of the parties hereto;
In response to a valid Open Public Records Act request served upon the
c.
Toms River Regional Board of Education;
To parent, subsidiary, affiliate, associated, or parent companies of the
d.
parties and their counsel who shall be bound by the terms and conditions hereof;
e.

To insurers of any party, who shall be bound by the terms and conditions

hereof;
To auditors of or accountants or counsel to any party upon their request,
f.
who shall be bound by the terms and conditions hereof; and
As to Plaintiff, to members of her immediate family, each of whom shall
g.
be first advised of the confidentiality provision of this Agreement.
The parties agree that the confidentiality of this Agreement and confidentiality of any and
all communications related to the subject lawsuit and the released claims constitutes good and
valuable consideration for the Agreement. The parties shall cooperate to protect the
confidentiality of this Agreement and the confidentiality of any and all communication related to
the lawsuit and the released claims.
Separation/No Contact. Plaintiff covenants and agrees, to not seek employment
15.
with the Defendant at any time in the future. Plaintiff covenants and agrees to not enter upon the
premises of the Defendant at any time in the future. The parties agree that the aforementioned
provisions constitute good and valuable consideration for the Agreement.
Liens. In reaching this Release, the parties have paid consideration and attention
16.
to possible entitlement to the Plaintiff, DONNA MANSFIELD, receipt of Medicare or Medicaid
6

benefits under 42 U.S.C. 1395(y) as well as the entitlement of the Centers for Medicare and
Medicaid Services to subrogation and intervention pursuant to 42 U.S.C. 1395(y)(b)(2) to
recover any overpayment made by Medicare. It is not the purpose of this Release to shift to
Medicare or Medicaid the responsibility for the payment of medical expenses for the treatment of
injury-related conditions. This settlement is intended to provide the Plaintiff, DONNA
MANSFIELD, with a lump sum which will foreclose Defendants' responsibility for payments of
any injury-related medical expenses, including, but not limited to, funds for non-Medicare
covered or non-reimbursable medical expenses.
Plaintiff further agrees to hold harmless and indemnify Defendants from any cause of
action, including, but not limited to, an action to recover or recoup Medicare or Medicaid
benefits or loss of Medicare or Medicaid benefits, if the Center for Medicare or Medicaid
Services determine that the money set aside was spent inappropriately or for any recovery sought
by Medicare or Medicaid including past, present and future conditional payments. The
settlement proceeds available to Plaintiff, DONNA MANSFIELD, shall be utilized for any claim
for conditional payments made by Medicare or Medicaid including past, present and future.
Furthermore, in accordance with Perreira v. Rediger, 330 N.J. Super. 445 (App. Div.
2000), and all applicable law, Plaintiff personally guarantees and warrants that all liens and/or
monetary obligations owed, whether public, private or otherwise, for any medical, wage or other
benefits received by the Plaintiff, DONNA MANSFIELD, or paid by any third party on the
Plaintiff, DONNA MANSFIELD'S, behalf have been satisfied and paid off in their entirety out
of the proceeds of this settlement. Plaintiff, DONNA MANSFIELD, further agrees and warrants
that in the event any third party seeks to recover outstanding liens or judgments against the
Plaintiff, DONNA MANSFIELD, from the Defendants with regard to the settlement, Plaintiff
will fully and completely indemnify the Defendants for any sums the Defendants may be
required to pay, including attorneys' fees and costs.
Medicare Set-Aside: It is further understood and agreed, to the extent applicable,
17.
Plaintiff covenants that she will set aside funds necessary in any approved Medicare Set-Aside
Account, to pay for any anticipated future medical and/or health care needs of Plaintiff, for any
injury and/or condition that requires treatment that arises from the injuries related and/or cause
by the accident in question. In the alternative, Plaintiff shall, in concert and consultation with
appropriate counsel, aver and covenant that she does not presently anticipate that she will require
medical and/or health care treatment for any injuries and/or conditions related and/or arising
from the claims set forth herein. Further, should funds not be placed in an approved Medicare
/Set-Aside Account for Plaintiff, and care and treatment for injuries and/or conditions allegedly
related to the claims referenced herein be subsequently sought, then Plaintiff covenants and
represents to the Released Parties, their insurance carriers, their attorneys and others in privity
with them, that Plaintiff will not submit nor seek payment for said medical care from Medicare
and/or any other government funded program. This covenant and representation shall be
included as part of the indemnification obligations of Plaintiff stated herein.
Medicare Information: It is understood and agreed that the information provided
18.
below will be provided to The Centers for Medicare and Medicaid Services pursuant to The
Medicare, Medicaid and SCHIP Extension Act of 2007.
7

Full name as it appears on your

Social Security Card

Social Security Number

DONNA MANSFIELD
Address

Date of Birth

Medicare Health Insurance Claim

Number (HICN)(if applicable)

Gender

Female

19.
Strict Adherence: The failure of the parties to insist upon strict adherence to any
term of this General Release and Settlement Agreement on any occasion shall not be considered
a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that
term or any other term of the Agreement.
20.
No Assignment: No party to this General Release may assign any of its benefits
or delegate any of its duties thereunder without the express written consent of all other parties
evidenced by a duly authorized and executed written instrument.
21.
No Waiver of Breach: The waiver of any provision of this General Release shall
not be construed to operate as a waiver of any subsequent breach.
22.
Effective Date: This General Release will become effective on the date on which
the parties have executed this General Release.
BY SIGNING THIS AGREEMENT, PLAINTIFF, DONNA MANSFIED, AGREES
THAT:
a.

Plaintiff has read it;

b.
Plaintiff understands it and knows that plaintiff is giving up important rights, and
that Plaintiff is giving up any such rights or claims in exchange for a payment to which Plaintiff
was not already entitled;
c.

Plaintiff agrees to abide by all of Plaintiff's obligations in said agreement;

d.
Plaintiff's attorney negotiated this Settlement Agreement and Release with
Plaintiff's knowledge and consent;
e.
Plaintiff has been advised to consult with Plaintiff's attorney prior to executing
this Settlement Agreement and Release, and have in fact done so;
f.
voluntarily.

Plaintiff has signed this Settlement Agreement and. Release knowingly and

PLEASE READ CAREFULLY. THIS AGREEMENT HAS IMPORTANT LEGAL

CONSEQUENCES.
WITNESS:
By:
DONNA MANSFIELD
Dated:

State of New Jersey:

SS

County of Ocean:
, 2016, Donna Mansfield personally came before me
I CERTIFY that on
and acknowledged under oath, to my satisfaction, that this person is named in and personally
signed this document; and signed, sealed and delivered this document as her act and deed.
My Commission expires:

10