Case 2:97-cv-06184-JLL-JBC Document 326 Filed 12/07/16 Page 1 of 30 PageID: 7769
`
`NOT FOR PUBLICATION
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`DARREN NANCE,
`Plaintiff,
`
`v.
`
`CITY OF NEWARK, et al.,
`Defendants.
`
`Civil Action No.: 97-6184 (JLL)
`
`OPINION
`
`LINARES, District Judge.
`
`This matter comes before the Court by way of Plaintiff Darren Nance’s Order to Show
`
`Cause and Motion for Judgment.
`
`(ECF No. 323). Defendant City of Newark has submitted an
`
`opposition (ECF No. 324), which Plaintiff has replied to (ECF No. 325). The Court decides this
`
`matter without oral argument pursuant to Rule 78 of the Federal Rules of Civil Procedure. For the
`
`reasons set forth below, the Court denies Plaintiffs application in its entirety.
`
`FACTS
`
`Plaintiffwas formerly employed as a police officer by Defendant. However, due to various
`
`alleged reasons, Plaintiff was terminated on September 3, 1996.
`
`(See Plaintiffs Complaint (ECF
`
`No. 1) at ¶ 52). Believing his termination was improper, Plaintiff instituted the within action on
`
`December 18, 1997. On June 9, 2010, the action was tried before the Honorable Dennis M.
`
`Cavanaugh and on June 25, 2010 ajury returned, a verdict in Plaintiffs favor. (See ECF Nos. 195,
`
`215). The jury awarded Plaintiff $350,000 in compensatory damages and $250,000 in punitive
`
`damages. (See Jury Verdict Sheet (ECF No. 215)). The Jury Verdict Sheet explicitly advised that
`
`

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`compensatory damages included Plaintiffs lost wages.
`
`(Id.).
`
`On February 2, 2015, Plaintiff, by way of counsel, submitted correspondence to this Court
`
`requesting assistance in collecting his pension benefits.
`
`(ECF No. 297). Specifically, Plaintiff
`
`was advised by New Jersey’s Department of Treasury that the jury “award must indicate the period
`
`of the award (from date and to date) and amount of award” in order for him to collect his pension
`
`and receive years-of-service credits for the period between his termination and the jury award.
`
`(ECF No. 297-1). Additionally, the award also needed to include the total value of mitigated
`
`damages Plaintiff was awarded.
`
`(Id.). Because the jury verdict sheet did not contain this
`
`information, Plaintiff was incapable of having his pension reinstated with back pay and service.
`
`(Id.). Therefore, this Court entered an Order on June 25, 2015 delineating, “the period of time
`
`applicable to the jury award of $350,000 ... and that the amount of mitigated wagers [was]
`
`$350,000.” (ECF No. 298).
`
`On November 25, 2015, Plaintiff, through counsel, submitted additional correspondence
`
`regarding the total amount of mitigated wages and seeking an Amended Order.
`
`(ECF No. 299).
`
`Specifically, Plaintiff submitted a letter “from the State of New Jersey with the correct amount of
`
`mitigated wages of $980,942.97 instead of the $350,000” that was referenced in the June 25, 2015
`
`Order.
`
`(Id.). Therewith, Plaintiff enclosed a Proposed Amended Order which read, in pertinent
`
`part, “that the amount of mitigated wages [was] $980,942.97.” (ECF No. 299-1). This Court
`
`executed the Amended Order on November 30, 2015.
`
`(ECF No. 300).
`
`Thereafter, Plaintiff brought an Order to Show Cause on March 23, 2016.
`
`(ECF No. 301).
`
`There, Plaintiff sought to “enforce compliance with the” November 30, 2015 Order.
`
`(Id. at 4).
`
`Defendant opposed the application and the Court entertained oral argument on May 31, 2016.
`
`2
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`

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`(ECF Nos. 305, 312). The Court denied Plaintiffs Order to Show Cause holding that Plaintiff
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`failed to meet his burden.
`
`(ECF No. 314 ¶ 12). Defendant explained that it had submitted the
`necessary paperwork regarding Plaintiffs pension and Plaintiff needed to take the appropriate
`
`steps to finalize the process.
`
`(Id.). The Court was satisfied Defendant had complied with the
`
`November 30, 2015 Order and denied the application in its entirety.
`
`(Id.).
`
`Plaintiff now brings this nearly identical Order to Show Cause and Motion for Judgment
`
`claiming that the he is owed the mitigated wages of $980,942.97 referenced in the November 30,
`
`2015 Order as back pay.
`
`(ECF No. 323).
`
`ANALYSIS
`
`In essence, the pending application asks this Court to award Plaintiff additional monies not
`
`contemplated by the jury. Said differently, Plaintiff asks this Court nearly six-and-a-half years
`
`later to amend a jury’s determination of his damages. Plaintiffs application fails for numerous
`
`reasons. Plaintiffs argument that the Court needs to enforce the additional award of nearly one-
`
`million dollars as a part of his jury award is unpersuasive. According to Plaintiff, this additional
`
`sum constitutes his unpaid wages for the period of time from when he was improperly terminated
`
`through the date of the jury award. Accepting this logic would require the Court to give Plaintiff
`
`additional damages that the jury did not actually award Plaintiff. His entire argument rests on the
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`premise that this Court entered an Order which stated that Plaintiffs mitigated wages were equal
`
`to $980,942.97. However, the jury was presented with the question regarding lost wages and
`
`determined that Plaintiffs total compensatory award, including any lost wages, was $350,000.’
`
`A true and accurate copy of the Jury Verdict Sheet (ECF No. 215) is annexed hereto as Exhibit A. Question 1(a)
`specifically instructed the jury to calculate compensatory damages “which ... include[d] physical harm, emotional
`and mental harm and lost wages (income). See Exhibit A (emphasis added).
`3
`
`

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`As discussed, February 2, 2015, Plaintiffs counsel first requested an Order stating the total
`
`amount of Plaintiffs mitigated wages as New Jersey’s Division of Treasury required said
`
`information in order for Plaintiff to receive “full service credit for the periods covered by the
`
`award.”2 Indeed, New Jersey’s Department of Treasury specifically advised Plaintiff that “{t]he
`
`award must indicate the period of the award (from date to date) and amount of award. If member
`
`receives mitigated wages the award must indicate mitigated wages.” (Id.). Based on Plaintiffs
`
`request this Court issued the June 25, 2015 Order to assist Plaintiff with complying with the
`
`Division of Treasury’s requirement.3
`
`Thereafter, on November 25, 2015, Plaintiffs counsel submitted a request for an Amended
`
`Order regarding Plaintiffs mitigated wages.4 Attached to Plaintiffs counsel’s letter was a letter
`
`by Plaintiff where he explained that his pension system “notified him that [the] one (1) specific
`
`line concerning the mitigated wage amount in the Order that reads, ‘ORDERED that the amount
`
`of mitigated wages is $350,000’ had beeii inadvertently inserted. Thepensionable mitigated wage
`
`amount was not available to us when this Order was drafted... Therefore, the compensatory jury
`
`verdict amount of $350,000 should not have been entered as the mitigated wage amount... The
`
`correct 14-year mitigated wage amottnt has been calculated b
`
`the Cit of Newark and totals:
`
`$980,942.97, this is the amount that needs to be reflected in the amended Court Order.” (Id. (bold
`
`in original, italics added)). Plaintiff goes on to explain that “the pension board [] advised [him]
`
`that due to the conflict between the [] Order[’s] mitigated wage amount and the calculated (base
`
`2 A true and accurate copy of Plaintiff’s February 2, 2015 Correspondence, with Exhibits from New Jersey’s
`Department of Treasury, is annexed hereto as Exhibit B.
`A true and accurate copy of the June 25, 2015 Order is annexed hereto as Exhibit C.
`A true and accurate copy of Plaintiffs November 25, 2015 Correspondence, with Exhibits from New Jersey’s
`Department of Treasury, is annexed hereto as Exhibit ft
`
`4
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`

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`pay) wage amount forwarded by the City of Newark, the [] Order must be amended to reflect the
`
`correct mitigated wage amount prior to my pension being processed.” (Id. (emphasis added)).
`
`Accordingly,
`
`this Court entered an Amended Order modifying the mitigated wage amount to
`
`$980,942.97, pursuant to Plaintiff and his attorney’s request.5
`
`Plaintiff fails to recognize that Order had nothing to do with the award of damages awarded
`
`by the jury.
`
`In fact,
`
`that Order was issued at
`
`the request of Plaintiff solely based on his
`
`representations that such an Amended Order was necessary and required by the State of New
`
`Jersey. Once again, the only purpose of the November 30, 2015 Order was to provide the State of
`
`New Jersey with Plaintiffs pensionable mitigated wages amount, based on a figure which was
`
`provided to the Court by Plaintiff, with the indication that said Order was needed to assist in the
`
`processing of his pension.
`
`In no way did this Court intend to increase Plaintiffs damages by that
`
`amount.
`
`The Court reaches the same result if it were to view Plaintiffs application as a Motion to
`
`Alter or Amend the Judgment. First, “[a] motion to alter or amend the judgment must be filed no
`
`later than 28 days after the entry of the judgment.” Fed. R. Civ. P. 59(e)(emphasis added). Here,
`
`the judgment was entered on June 25, 2010. Thus, if this application were to be construed as a
`
`Motion to Alter or Amend the Judgment, it is untimely. Additionally, nowhere within Plaintiffs
`
`application does he explains how the jury award, as it stands, results in a “manifest injustice.” See
`
`North River Ins. Co. v. CIGNA Reinsurance Co., 52 F.3d 1194, 1218 (3d Cir. 1995)(quotations
`
`omitted). Hence, Plaintiffs application is insufficient and denied for these reasons.
`
`A true and accurate copy of the November 30, 2015 Amended Order is annexed hereto as Exhibit F.
`5
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`

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`CONCLUSION
`
`For the aforementioned reasons, Plaintiffs Order to Show Cause and Motion for Judgment
`
`is hereby denied.
`
`DATED: December 7 2016
`
`—
`
`/
`
`J
`
`/EL. LIIJARES L
`ITED STATES DISTRICT JUDGE
`
`6
`
`

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`VIfflIIIX3
`EXHIBIT A
`
`L
`
`

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`10
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`DARREN N. NANCE,
`
`Plaintiff,
`
`V.
`
`CITY OF NEWARK, NEWARK
`POLICE DEPARTMENT, et al.
`
`Defendants.
`
`CIVIL ACTION NO. 97-CV-6184
`(DMC) (CCC)
`
`VERDICT SHEET
`AS TO DAMAGES
`
`1.
`
`Now that you have found that Plaintiff has proved by a
`
`preponderance of the evidence that
`
`the City of Newark caused his
`
`employment
`
`to be
`
`terminated by
`
`retaliating against
`
`him for
`
`exercising his right
`
`to petition the Government
`
`in violation of
`
`the First Amendment of
`
`the Constitution and in violation of NJ
`
`Law Against Discrimination.
`
`Please continue to 1 (a) or
`
`(b)
`
`a.
`
`Please state the amount
`
`that will
`
`fairly compensate
`
`Plaintiff for any injury which he actually sustained as a result
`
`of
`
`the City of Newark’s
`
`conduct which shall
`
`include physical
`
`harm,
`
`emotional
`
`and mental
`
`harm and
`
`lost wages(income).When
`
`calculating lost wages(income) you should consider mitigating as
`
`I have instructed you.
`
`$ 3çv, CD-u
`
`Answer:
`(Fill in Dollar Figure)
`
`

`

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`____
`
`______________
`
`b.
`If you find that there is no compensatory damages, you
`shall award nominal damages of $1.00 as permitted by law.
`
`Answer:
`
`$
`
`(Fill in Dollar Figure)
`
`If you completed 1(a) please proceed to question 2(a).
`If you completed 1(b) you have completed your deliberations.
`
`2.a. Do you find that Plaintiff demonstrated by a clear and
`
`convincing evidence that
`
`the conduct of
`
`the City of Newark was
`
`especially egregious?
`
`Yes
`
`No
`
`If you answered NO, you have completed your deliberations.
`If YOU answered YES, please continue to Question 2(b).
`
`2.b. Do you find that Plaintiff demonstrated by a clear and
`
`convincing evidence that “upper management” employees of the City
`of Newark actually participated in, or were willfully indifferent
`/
`to,
`
`the wrongful conduct?
`
`Yes
`
`No
`
`If you answered NO you have completed your deliberations.
`If you answered YES to both these questions, please continue
`to Question 2 (c).
`
`2.c. What
`
`amount
`
`of punitive damages
`
`should be
`
`awarded
`
`against the City of Newark?
`
`I1V
`$
`Answer:
`(Fill in Dollar Figure)
`
`OO46838O; I]
`
`2
`
`

`

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`____
`
`When you have coiroleted your deliberations, your foreperson
`should date and sign the verdict form below.
`
`DATED this
`
`day of A4J , 2010.
`
`-
`
`OO4683gO; I)
`
`3
`
`

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`EXHIBIT B
`EXHIBIT B
`
`8
`
`

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`Case 2:97-cv-06184-JLL-JBC Document 297 Piled 02/02/15 Page 1 of 2 PagelD: 7242
`
`Angelo R. Bianchi
`Suzanne Janusz *
`
`LAW OFFICES OF
`ANGELO R. BIANcHI, LLC
`4 York Avenue, 2nd Floor
`West CaIdwell, New Jersey 07006
`
`Telephone (973) 521-7151
`(973) 521-7156
`Facsimile
`E-mail: bianchi/aw(4bianchf/aw.net
`
`January 16, 2015
`
`NJ/NY Bar
`
`The Honorable Jose L. Linares, U.S.D.J.
`United States District Court
`M.L. King, Jr., federal Building & U.S. Courthouse
`50 Walnut Street,
`Newark, New Jersey 07102
`
`Re:
`
`Nance v. City of Newark, Ct al.
`Docket No. 97-6184
`
`f)ear Judge Linares:
`
`I have been informed you have taken over Judge Dennis Cavanaugh’s cases, and I am writing to
`you on behalf of my client, Darren Nance, regarding his problem with the New Jersey Division
`of Pensions and Benefits. The following is a brief history of Mr. Nances travails.
`
`A complaint was field setting forth the fact that Darren Nance is an African-American male,
`employed as a police officer from October 16, 1989, until his involuntary separation from the
`department on September 3, 1996. in violation of 12.U.S.C. §1983 and 1988. One of the counts
`of his complaint was a violation of New Jersey Law gainst Discrimination.
`
`The case went to trial. A Verdict Sheet was prepared and the jury determined that Mr. Najcc
`was subject to retaliation at the time and that the City of Newark violated his due twoces rigbl,
`see attached copy of the Verdict Sheet. There was then a Verdict Sheet as to Damages because
`the case was bifurcated and the jury awarded Mr. Nance $350,000.00 having found that the City
`of Newark was proven to have caused his employment to be terminated by retalialing against
`in violation of 15t Amendment of th
`him for exercising his right to petitiort the government,
`Constitution, a violation of New Jersey Law Against Discrimination. The jury also awarded
`punitive damages in the amount of $250,000.00, see attached copy of Verdict Sheet as to
`1)a mages.
`
`On June 24, 2010, after the verdict, we sought pre-judgment interest on behalf of Mr. Nince.
`[hat request was opposed by the City of Newark and on May 2, 201 1, Judge tavanaugh denied
`of Order.
`copy
`attached
`see
`date.
`that
`of
`by Order
`interest
`pre-judgment
`Mr. Nance filed a pro se appeal with the Third Circuit Court of Appeals, referencing the issue of
`‘we-judgment interest. The Third Circuit (nun of Aueais ordered that the matter be referred
`
`

`

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`Case 2:97-cv-06184-]LL-JBC Document 297
`
`IZiled 02/02/15 Page 2 of 2 PagelD: 7243
`
`LAW OFFICES OF
`ANGELO R. BIANCHI, LLC
`
`The HonorabLe Jose L. Linares, U.S.D.J.
`January 16, 2015
`Page Two
`
`Re:
`
`Nance v. City of Newark, et at.
`Docket No. 97-6 184
`
`back to the District Court to have the matter addressed on the issue of pre-judgment interest more
`thoroughly. Briefs were filed and by Opinion of January 30, 2014, see attached copy of Opinion,
`Judge Cavanaugh granted Plaintiffs request for pre-judgment interest on the jury award of
`compensatory damages.
`
`The Division of Treasury in response to Mr. Nance’s request seeking full service credit for the
`periods covered by the award forwarded a letter dated March 21, 2013, see attached copy of
`letter, signed by Salvatore J. Cirigliano advising what materials had to be presented to satisfied
`their requests and advised that before they could reinstate Mr. Nance”s pension benefits that we
`would have to go back to court. On March 2$, 2013, a letter was forwarded to Judge Cavanaugh
`enclosing the letter from the Division of Pension and Benefits regarding Mr. Nance requesting
`to provide an Order to comply with the request of the Division of Pensions and
`the court
`1, again, wrote to Judge Cavanaugh on October 17, 2013,
`Benefits, see attached copy of letter.
`see attached copy of letter, to make a determination concerning our request regarding pension
`benefits, and I called the court’s attention to my letter of March 28, 2013.
`
`Judge Cavanaugh did not reply to our request concerning pension, but granted pre-judgment
`In light of the above, I am seeking Your Honor’s assistance as to how to proceed.
`interest.
`
`Thank you for your courtesies and cooperation.
`
`Respectfully submitted,
`
`Law Offices of Angelo R. Bianchi, LLC
`
`By:_____
`R. BIANCHI, ESQ.
`A
`
`Attachments
`
`

`

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`Case 2:97-cv-06184-JLL-JRC Dnniiment 297-1 RIed 02/02/15 Page 11o114 RageLD: 7254
`y- C%219
`
`MMCING ADDRESS:
`P0 Box 295
`TRaroN, NJ 08625-0295
`
`LOC’JtON:
`50 WEST STATE STREEr
`TREI’tEON. NEw JERSEY
`
`ANDREW P. S!ooN-ERisroFF
`Stare Trrurer
`
`FLORENCE 1. SHErrao
`Acring Director
`
`CHRIS CHRImE
`Goy€ynor
`
`KIM CUADAGNO
`Li. Governor
`
`fU±e of NthT Jcrg
`DEPARTMENT Of ThE TREASURY
`DIV!SION OF PENSIONS AND BENEFITS
`(609) 292-7524 TDD (609) 292-7718
`ww.srarenjusltreasurylpensions
`
`March 21, 2013
`
`Law Offices of Anlo R. Bianchi, LLC
`4 York Avenue, 2 Floor
`West Caidwell, NJ 07006
`
`Re: Darren Nance
`PFRS# 56220
`
`Dear Mr. Bianchi,
`
`This is in response to your letter dated March 6, 2013 and our telephone conversation
`today concerning the above member.
`
`.
`
`Per NJACI7:l-2J8 a member that appeals a suspension or termination of the member’s
`—..ernployrnent and. who,.by award orsettlement, becomes’entit1ed..tofull pay forall or a.
`portion of that employment for the period of such suspension or termination shall receive
`service credit for the period covered by covered award or settlement provided a full
`normal pension contribution is received from the member or is deducted from the award.
`
`...-:
`
`The award must indicate the period of the award (from date and to date) and amount of
`award. If member receives mitigated wages the award must indicate mitigated wages and
`the Certifying Officer of Newark City must send a letter with the premitigated wages
`breakdown. The member’s contributions would be based on the salaries this employee
`would have earned fOr the reinstated period. The employer should also forward a check
`for the contributions that should be collected from member.
`
`Since we do not have a copy of any legal documents that indicates the above, the parties
`need to go back to court before this member can be reinstated with back pay and service.
`
`Sincerely,
`fl
`Salvatore J. Cirigliano
`Accountant I
`Audit) Billing Section
`
`C: member
`
`New Jersey Is An Equal Opportunity Employer • Printed on Recycled and Recyclable Paper
`
`

`

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`3HIIIHX3
`EXHIBIT C
`
`6
`
`

`

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`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT Of NEW JERSEY
`
`DARRENM.NANCE,
`
`Civil Action No. 97-6184
`
`Plaintiff,
`
`vs.
`
`CITY OF NEWARK, NEWARK
`POLICE DEPARTMENT, et al.,
`
`Hon. Jose L. Linares, U.S.D.J.
`
`Defendants.
`
`ORDER
`
`THIS MATTER having been opened to the Court by the Plaintiff Darren M. Nance for
`an Order stating the time period covered by the jury award for compensatory damages in the
`above-referenced matter, relating to back pay;
`
`WHEREFORE, a jury verdict was entered in the above-referenced matter on June 24,
`2010, determining that the Defendant City of Newark unlawfully terminated the Plaintiff from
`his employment with the Newark Police Department on September 3, 1996;
`WHEREFORE, a jury verdict as to damages was entered in the above-referenced matter
`on June 25, 2010. awarding the Plaintiff Darren M. Nance the amount of $350,000.00 for
`compensatory damages for injuries the Plaintiff sustained as a result of the Defendant City of
`Newarks conduct:
`
`WHEREFORE, the amount of $350,000.00 for compensatory damages for injuries the
`Plaintiff sustained was based upon lost wages, among other injuries;
`WI-IEREFORE, pursuant to N.J.A.C. 17:1-2.18, a member who appeals the suspension
`or termination of the member’s employment is entitled to a service credit, with regard to the
`member’s pension from the State of New Jersey, for the period of time covered by a jury award
`for full hack pay during a period of suspension or termination;
`
`

`

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`____________,2015;
`
`WHEREFORE, pursuant
`
`to N.J.A.C. 17:1-2.18,
`the Plaintiff Darren M. Nance is
`entitled to a service credit, with regard to his pension from the State of New Jersey, for the
`period of time covered by the jury award for full back pay during the period of termination;
`WHEREFORE, the State of New Jersey, Department of the Treasury, Division of
`Pension and Benefits has requested a determination of the time period applicable to the jury
`verdict for pay awarded during the period of termination, and the amount of mitigated wages;
`WHEREFORE, the State of New Jersey, Department of the Treasury, Division of
`Pension and Benefits requires the Defendant City of Newark to provide a letter stating a
`breakdown of the pre-mitigated wages;
`
`WHEREFORE, the Plaintiff Darren M. Nance is entitled to a service credit for the
`period of time covered by the jury award for frill back pay during the period of termination, thus
`the Plaintiff is entitled to receive pension benefits from the State of New Jersey in accordance
`with his total years of service, as well as medical insurance benefits and retirement status from
`the City of Newark;
`
`ITISon this
`
`day of
`
`ORDERED that the period of time applicable to the jury award of $350,000.00 for
`compensatory damages is from September 3, 1996, the date that the Defendant City of Newark
`unlawfully terminated the Plaintiff Darren M. Nance from his employment, to June 25, 2010, the
`date of the jury verdict;
`
`ORDERED that the amount of mitigated wages is $350,000.00;
`ORDERED that the Defendant City of Newark shall provide a letter stating a breakdown
`of the pre-mitigated wages, as requested by the State of New Jersey, Department of the Treasury,
`Division of Pension and Benefits.
`
`

`

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`ORDERED that the Plaintiff Danen M. Nance shall receive pension benefits from the
`State of New Jersey in accordance with his total years of service, which shall include a service
`credit for the period of time from September 3, 1996, the date of the unlawful termination, to
`June 25, 2010, the date of the jury verdict;
`
`ORDERED that the Plaintiff Darren M. Nance shall receive medical insurance benefits
`and retirement status from the City of Newark in accordance with his total years of service,
`which shall include the service credit for the period of time from September 3, 1996, the date of
`the unlawful termination, to June 25, 2010, the date of the jury verdict.
`
`L. LINARES, U.S.D.J.
`
`j
`
`

`

`Case 2:97-cv-06184-JLL-JBC Document 326 Filed 12/07/16 Page 19 of 30 PageID: 7787
`
`Case 2:97—cv—O6184—JLL—JBC Document 326 Filed 12/07/16 Page 19 of 30 Page|D: 7787
`
`EXHIBIT B
`EXHIBIT D
`
`10
`
`10
`
`

`

`Case 2:97-cv-06184-JLL-JBC Document 326 Filed 12/07/16 Page 20 of 30 PageID: 7788
`
`Case 2:97-cv-06184-JLL-JBC Document 299 Filed 11/25/15 Page 1 of 11 PagelD: 7261
`
`Angelo R. Bianch
`
`LAW OFFICES OF
`ANGELO R. BIANCHI, LLC
`4 York Avenue, 2nd Floor
`West CaIdwell, New Jersey 07006
`
`Telephone (973) 521-7751
`Facsimile
`(973) 521-7756
`E-mail: bfanchi/awbianchllaw.net
`
`November 25, 2015
`
`NJ/NY Bar
`
`“Document Filed Electronically”
`
`The Honorable Jose L Linares, U.S.D.J.
`United States District Court
`M.L. King, Jr., Federal Bldg & U.S. Courthouse
`50 Walnut Street,
`Newark, New Jersey 07102
`
`Re:
`
`Nance v. City ofNewark, et al.
`Docket No. 97-6184
`
`Dear Judge Linares:
`
`Enclosed please find an Amended Order regarding Darren Nance’s receipt of pension benefits
`from the State of New Jersey with the correct amount of mitigated wages of $980,942.97 instead
`of $350,000.00, which was originally signed by Your Honor on June 25, 2015 (copy of letter and
`Order enclosed).
`
`Additionally, I am. also enclosing a copy of Mr. Nance’s letter to me explaining the need for the
`Amended Order, a copy of a letter from the City of Newark, and a copy of the correct wage
`calculations from the City of Newark for your review.
`
`Thank you for your courtesies and cooperation.
`
`Respectfully submitted,
`
`Law Offices of Angelo R Bianchi, LLC
`
`5:! ANGELO R. BIANCHI
`ANGELO R BIANCHI, ESQ.
`
`Enclosures
`
`

`

`Case 2:97-cv-06184-JLL-JBC Document 326 Filed 12/07/16 Page 21 of 30 PageID: 7789
`
`Case 2:97-cv-06184-]LL-]BC Document 299 Filed 11/25/15 Page 6 of 11 PagelD: 7266
`
`November23, 2015
`
`Angelo Bianchi, Esq.
`4 York Avenue
`West Caidwell, NJ 07006
`
`RE: June 25, 2015 Court Order
`
`Mr. Darren M. Nance
`71 Treacy Avenue
`Newark, NJ 07108
`
`Dear Mr. Bianchi,
`
`I am writing this letter to explain the need to have the June 25, 2015 Court Order signed by the
`honorable Jose L. Linares, amended, Upon presentation of the Order to the City of Newark and the
`Police and Fire Pension Retirement System, I have been notified that one (1) specific line concerning
`the mitigated wage amount in the Order that reads, “ORDERED that the amount of mitigated wages
`is $350,000” had been inadvertently inserted. The pensionable mitigated wage amount was not
`available to us when this Order was drafied by your assistant staff attorney Suzanne in June of 2015.
`Therefore, the compensatory jury verdict amount of $350,000 should not have been entered as the
`mitigated wage amount into the present Order. The correct 14-year mitigated wage amount has been
`calculated by the City of Newark and totals: $980,942.97, this is the amount that needs to be reflected
`in the amended Court Order. The City of Newark has forwarded the aforestated mitigated wage amount
`to the New Jersey Police and Firemans Pension System and the pension board has advised that due to
`the conflict between the standing Order mitigated wage amount and the calculated (base pay) wage
`amount forwarded by the City of Newark, the standing Order mtist be amended to reflect the correct
`mitigated wage amount prior to my pension being processed. My pension is currently being held in
`abeyance and I cannot officially retire until the Order is corrected/amended with respect to the sole
`issue of the incorrect mitigated wage amount. I am attaching the wage calculation figures processed
`by the City of Newark along with this letter so that you may attach same along with an accompanying
`letter to Judge Linares explaining the need for, and showing proof for, the Order being amended.
`This process should simply require a letter of explanation for the amended Order to Judge Linares
`and filing same electronically which should resolve the issue. I would appreciate your attention to this
`matter as this situation is now approaching six-months since the Order was signed and supposed to
`have been effectuated by the City of Newark.
`
`Sincerely,
`
`Mr. Darren M.
`
`ance
`
`cc: 11/23/15, via email delivery
`
`

`

`Case 2:97-cv-06184-JLL-JBC Document 326 Filed 12/07/16 Page 22 of 30 PageID: 7790
`
`Case 2:97-cv-06184-]LL-]BC Document 299 Filed 11/25115 Page 7 of 11 PagelD: 7267
`
`CTYNERK
`Mayor Ras J. Baraka
`
`Department atAdminLtxation
`Ovan of
`
`Keii Dnie1s
`Dirctor
`
`020 Brand StrLn, Ram 212
`Newnk. NJ 07102
`PH: 073-73-80a8
`Fax 073fl22- 1906
`
`WA REGULAR MAIL
`
`September 4, 2015
`
`N] Division of Pensions & Bene6ts
`Client Services
`P.O. Boc 295
`Trenton, NJ 08625-O25
`
`RE: Dgnen M. Nance PFRS 56220 SS#153-62-9710
`
`To Whom It May Concern:
`
`Enclosed, pLeased find o copy of the Cerdficadon of Service and final Salary for Mr. Nance.
`
`Also enclosed is the Court Order, for your rfcrencc,
`
`If I can be of additional assstance please do not hesitate to let mc knotv.
`
`Sincerely,
`
`ecia Daniels
`
`

`

`Case 2:97-cv-06184-JLL-JBC Document 326 Filed 12/07/16 Page 23 of 30 PageID: 7791
`
`Case 2:97-cv-06184-JLL-JBC Document 299 Filed 11/25/15 Page 8 of 11 PagelD: 7268
`
`I
`
`2
`
`3
`
`4
`
`11
`
`12
`
`Name
`
`SSN
`
`Empi ID Hire Date
`
`10t1611 989
`
`Sr. Step
`Annw
`
`#of Days
`Before Split
`(Base
`Salary)
`
`a
`
`Nance,Darcen
`
`—
`
`1/1/1996 12/31/1996 1011611996
`1/1/1997 12/31/1997 1011611998
`1/1/1998 12/31/1998
`
`1/1/1999 12/31/1999
`
`1/1/2000 12/31/2000
`
`1/1/2001 12/31/2001
`
`1/1/2002 12/31/2002
`
`1/1/2003 12/31/2003
`
`1/1/2004 12/31/2
`
`1/1/2005 12/31/2005
`
`1/1/2006 12/31/200
`1/1/2007 12/31/2007
`aJ1/2008 12/31/2008
`
`1/1/2009 12/31/2009
`
`.
`
`1/112.01012/31/2010
`
`-
`
`•
`
`•
`
`207
`206
`206
`206
`205
`
`206
`206
`
`206
`
`207
`
`206
`
`205
`206
`207
`
`206
`
`260
`
`

`

`Case 2:97-cv-06184-JLL-JBC Document 326 Filed 12/07/16 Page 24 of 30 PageID: 7792
`
`Case 2:97-cv-06184-JLL-JBC Document 299 Filed 11/25/15 Page 9 of 11 PagelD: 7269
`
`14
`
`22
`
`23
`
`29
`
`30
`
`31.00
`
`32.00
`
`33
`
`.
`
`#of Dabs
`‘
`After Split
`(Base
`Salary)
`
`Sr. Pay Split
`in?
`
`What New
`Step as of Base Salary
`1/1/
`Should b
`
`What New What New
`What New
`Base Yr tnd
`Base
`Base Salary
`Salary
`Satary
`. Aft
`Should be as Before Split
`of121311
`aaotl/I1
`
`What Total
`‘‘r End
`New Base
`Salary
`Should be
`asof
`121311
`
`.- -
`
`55
`55
`58
`65
`55
`55
`55
`55
`
`55
`55
`55
`55
`55
`
`.
`
`. —
`
`-
`
`-
`
`.—
`
`---
`
`---
`
`--
`
`,
`
`—
`
`---
`
`---
`
`---
`
`5th
`5th
`Sr.Pay
`Sr.Pay
`Sr.Pay
`Sr.Pay
`SIPay
`Sr.Pay
`Sr.Pay
`Sr.Pay
`Sr.Pay
`Sr.Pay
`Sr.Pay
`Sr.Pay
`Sr.Pay
`
`42,551.00
`48,55100
`53,526.00
`55,132.00
`55,132.00
`55,132.00
`55132.00
`66,592.24
`69,255.93
`72,026.17
`74,907.2?
`77,903.51
`81,019.65
`82,842.58
`84,913.65
`
`48,551.00 38,505.97
`46,551,00 38,319,95
`55,132.00 42,246.57
`55,132.00 43,514.15
`55,132.00 43,302.91
`55,132,00 43,514.15
`55,132.0
`43,514.15
`66,592,24 52559.39
`69,255.93 54,927.12
`72,026.1’ 56,572.28
`74,907.22 58835.17
`77,903.51 61,487,06
`81,019.65 64,256.96
`82,842.58 65,385.33
`84,913.65 84,588.31
`
`68,737.02
`10,231.05
`48,551.00
`10,231,05
`53,664.43
`11,617.85
`55,132.00
`11,617.85
`11,617.85
`54,920.77
`55,132.00
`11,617.85
`55,132,00
`11,617.85
`66,592.24
`14,032.85
`69,521.28
`14,594.16
`71,750.21
`15,177.93
`74,620.22
`15,785,05
`77,903.51
`16,416.45
`81,330.07
`17,073.11
`17,457.25
`62,842.58
`326.34 - 84913,e5
`
`

`

`Case 2:97-cv-06184-JLL-JBC Document 326 Filed 12/07/16 Page 25 of 30 PageID: 7793
`
`Case 2:97-cv-06184-JLL-]BC Document 299 Filed 11/25/15 Page 10 of 11 PagelD: 7270
`
`38.0000
`
`43
`
`WIx
`44
`50
`
`53
`
`56
`
`57
`
`69
`
`74
`
`Niiit lirly
`
`&iould
`
`Hrs
`
`Base
`9&ary
`
`Long
`
`Lon ‘Y
`As oil/li
`
`Long%
`Mot
`
`Long Pay
`
`YEAR
`
`2096
`2i68
`2088
`232524
`2081
`25.0351
`2088
`26.4042
`2080
`26.5058
`2088
`2G.4O4,
`26.4042 2
`31.a928
`2
`2
`33.0420
`2
`34.6220
`2
`36,0131
`2
`37,3101
`2
`36.6544
`2088
`39.6756
`2088
`40.6675
`
`-..
`
`EZEE
`
`48,737.02 —
`261 38,551,00
`261 53,864,43
`261 55,132.00 —
`54,920.77
`261 55,132.00 —
`55,132.00
`66,5924
`59,521.28
`71,760.21 —
`74,820.22
`77,903,51 —
`81,330.07
`261 82,842,58 —
`261 84,913.65 -
`
`—-
`
`-
`
`4%
`4%
`4%
`6%
`6%
`6%
`6%
`%
`8%
`8%
`8%
`8%
`8%
`10% -
`10%
`
`4% 1,949.48
`4% 1,942.04
`6% 2,386.93
`6% 3,307.92
`6% 3,295.25
`6% 3,307,92
`6% 3,307.92
`8% 4,276.19
`8% 5,561.70
`6% 5,740.02
`8% 59G9.62
`8% 6,232.28
`‘10% 8,647.87
`10% 8,284,26
`10% 8,491.37
`
`2,514.98
`2,514.96
`2,B01.79
`2,91060
`2,010.80
`2,910,60
`2,910.80
`3,529.65
`3,725,49
`3,874.51
`4,029,49
`4190.67
`4,375,24
`4,538.88
`5,725.98
`
`1996
`1997
`1998
`1999
`2000
`2001
`2002
`2003
`2004
`2005
`2006
`2007
`2008
`2009
`2010
`
`

`

`Case 2:97-cv-06184-JLL-JBC Document 326 Filed 12/07/16 Page 26 of 30 PageID: 7794
`
`Case 2:97-cv-061$4-JLL-]BC Document 299 Filed 11/25/15 Page 11 of 11 PagelD: 7271
`
`Step
`
`Sase Pa
`
`Log% Long Pay
`
`Total Pay
`
`— - — —
`
`5th
`5th
`5th/Sr Pay
`SrPay
`Sr Pay
`Sr.Pay
`Sr.Pay
`Sr.Pay
`Sr.Pay
`SrPay
`St.Pay
`Sr.Pay
`Sr.Pay
`SrPay
`Sr.Pay
`Total
`
`imzz
`
`48 73792
`4%
`48,561 00
`4%
`53,864 43
`4% to 6%
`56132CJ0
`6%
`54 92D 77
`6%
`55,132.00
`6%
`6%
`65,132.00
`66,592.24
`6% tø 5%
`8%
`- 69,621.28
`7175021
`8%
`- 8%
`74,620.22
`6%
`77,903.61
`51,330.07 8% to 10%
`10%
`52,8425
`10%
`84,913.65
`980,44297
`
`53 201 52
`2,51&99
`194948
`2,51498
`1,94