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PASCARELLA v. SWIFT TRANSP. CO., INC.

Civil No. 09-1921 (JBS/JS).

643 F.Supp.2d 639 (2009)

Michael PASCARELLA on behalf of himself and all others similarly situated, Plaintiff, v. SWIFT TRANSPORTATION COMPANY, INC., et al., Defendants.

United States District Court, D. New Jersey.

July 14, 2009.

Attorney(s) appearing for the Case

Philip Stephen Fuoco, Esq., Joseph A. Osefchen, Esq., the Lawfirm of Philip Stephen Fuoco, Haddonfield, NJ, for Plaintiff Michael Pascarella.

Anne Milgram, Attorney General of New Jersey, by Elaine C. Schwartz, Deputy Attorney General, Office of the Attorney General, Richard J. Hughes Justice Complex, Trenton, NJ, for Defendants Sharon Harrington, Chief Administrator of the New Jersey Motor Vehicle Commission and David Mitchell, Commissioner of the Tennessee Department of Safety.

Lawrence Henry Pockers, Esq., Duane Morris, Philadelphia, PA, for Defendant Swift Transportation Company, Inc.

OPINION

SIMANDLE, District Judge:

I. INTRODUCTION

This matter is presently before the Court on Defendant Sharon Harrington's motion to dismiss Plaintiff's due process claim for lack of subject matter jurisdiction, as barred by the Eleventh Amendment, and for failure to allege a constitutional deprivation [Docket Item 13]. Plaintiff Michael Pascarella ("Plaintiff"), on behalf of himself and a putative class of former students of the Swift...

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