Free Complaint - District Court of Delaware - Delaware

SUPERVALU,

the

the

INC;

parties

resident

principles

agreement
and

corporation

provisions
3. 2. 1. ACME

of Newark,

seq. (the Age Discrimination

Case 1:07-cv-00446-SLR

of28

and

in
De P1amt!

with

The

of

the

MARKETS,

the
fendant

ancillary

INe.

Defendants.

U.S.C.
United off

claims

Delaware.
dIb/aACME Anthony

Supervalu,

by

said

States

grocery

and

FOR

virtue

INC.

IN THE UNITED STATES DISTRICT

§ 1367.
defendant District M. was and Inc. Patemsoter the COMPLAINT supermarket Court d/b/a! Acme

THE

pendent

of

the

jurisdiction

pendency

in Employment MARKETS,
parent

DISTRICT

Parties

for

ACME

Markets,

corporation

is,

Document 1

the

Jurisdiction

of

and

as business,

District

a

Markets,

federal

well

Inc.,

at

Civil

all

of

OF DELAWARE

as

of

claim which

defendant

Delaware Inc.

the

times

Action

the

employer

(hereinafter

supplemental

JURY TRIAL

COURT

under

entered

relevant

Filed 07/19/2007

No.

DEMANDED

has

Acme

29

jurisdiction

D.S.c.

of

into

hereto

Markets,

"Acme")

Anthony

jurisdiction

a

§

Page 1 of 5

merger was,

621

over

Inc.,

is

M.

et

Inc. on or about January 22, 2006, and is the successor to
a a

Act) and 28 U.S.C. §§ 1331 and 1343, and under

Case 1:07-cv-00446-SLR

Document 1

Filed 07/19/2007

Page 2 of 5

Facts
4. Plaintiff Anthony Paternoster had been an employee of Acme for approximately

thirty-four years when he was terminated from his employment on or about August 12,2005.

5.

At

the

time

of

his

termination,

Mr.

Paternoster

was

over

the

age

of

6.
qualified for a

Mr. Paternoster had extensive experience in the area of loss prevention, and was
continued position with Acme when, on or about August 12, 2005, he was

discharged

from

his

position

as

a

loss

prevention

7.

At

the

time

of

Mr.

Paternoster's

manager.

termination,

Acme

had

made

forty.

or

was

in

process of making offers of employment and/or continued employment to individuals employment and/or continued employment to individuals substantially younger than Mr. Paternoster, in the specific area of loss prevention in which he worked, as part of a restructuring ofthe loss prevention area. 8.
him to miss time

During his tenure at Acme, Mr. Paternosterhad had heart bypass surgery, causing
from work.

COUNTI
Violation of Af!e Discrimination in Emolovment Act. 29 V.S.C. § 621 et sea.

9.
10.

Paragraphs to 7 arerestatedasifmore fully set forth herein. 1
The action of defendant Acme in terminating Mr. Paternoster was motivated by

unlawful

age

discrimination,

in

violation

of

the

federal

Age

Discrimination

in

Employment

11.

Mr. Paternoster has suffered damages as a result of the actions of Acme, including
.

lost salary and benefits, damage to his career and reputation, great mental anguish and
embarrassment, and other losses.

2

Act.

the

was

unlawful

Violation

not,

surgery.
14. 13.

15.

in

12.

embarrassment,and other losses.
disability

Case 1:07-cv-00446-SLR

16.
violation

of

Delaware Managers

Violation

Paragraphs

Mr.

The

Paternoster

discrimination

action

ofthe

A2e

of and

1-15

Americans

defendant

and

has

are

of Americans

decisionmakers

Disabilities

suffered in

restated

that

with

Acme

it

damages

Disabilities

as

regarded

ifmore

Discrimination in

Document 1

with Disabilities

COUNT II

COUNT III

Paragraphs 1 to 11 are restated as ifmore fully set forth herein.

Paternoster'sheart bypass surgery, and regarded him as disabled as a result of such heart bypass

lost salary and benefits, damage to his career and reputation, great mental anguish and

3
terminating as him a Act, result as 42 a Mr. of V.S.C. disabled the Paternoster actions § 12101 person of was et Acme, when seq. motivated in including fact he by

at

defendant

fully

set

forth

statute.

Acme

herein.

Filed 07/19/2007

19

were

Del.

C.

aware

§

Act. 42 U.S.C. § 12101 et seQ.

711

Page 3 of 5

et

of

seQ.

Mr.

Case 1:07-cv-00446-SLR

Document 1

Filed 07/19/2007

Page 4 of 5

17.

The

action

of

defendant

Acme

in

terminating

Mr.

Paternoster

was

motivated

unlawful age and disability discrimination, in violation of the State of Delaware statutory protections against age and disability discrimination in employment, 19 Del. C. § 711 et seq. 18. Mr. Paternoster has suffered damagesas a result of the actions of Acme, including

lost salary and benefits, damage to his career and reputation, great mental anguish and embarrassment,and other losses.

COUNT

Violation

of

the

Delaware

Common

Law

Covenant

IV

of

Good

Faith

and

Fair

(Falsification

of Reasons)

19.

Paragraphs

1

to

18

are

restated

as

if

more

fully

set

forth

20.

The

defendant

Acme

informed

Mr.

Paternoster

that

he

lacked

herein.

the

skill

Dealin2

set

perform

any

longer

as

a

loss

prevention

manager

and

was

being

terminated

for

that

reason,

to

in fact thesereasonswere falsified and the true reasonsrelated to age and disability discrimination and/or other hostility unrelated to Mr. Paternoster's "skill set."
21. The actions of defendant Acme constitute a violation of the Delaware common

law

Covenant

of

Good

Faith

and

Fair

WHEREFORE,

plaintiff

demands

Dealing.

that

judgment

be

entered

in

his

favor

defendant

on the above claims,

including

awards of compensatory

damages,

punitive

damages,

costs

of

suit,

interest,

attorneys'

fees

under

any

appropriate

or

relevant

statutory

or

common

against

when

basis, and such other and further relief as this Court may deem appropriate.

4

law

by

Case 1:07-cv-00446-SLR

Document 1

Filed 07/19/2007

Page 5 of 5

PLAINTIFF ANTHONY

M.

By:

521

West

Wilmington,

Street

Delaware

19801

(302) 658-6101
herb [email protected]

Attorney for Plaintiff

DATE: July 19, 2007

5

PATERNOSTER

Case 1:07-cv-00446-SLR

Document 1-2

Filed 07/19/2007

Page 1 of 2

Case 1:07-cv-00446-SLR

Document 1-2

Filed 07/19/2007

Page 2 of 2

Case 1:07-cv-00446-SLR

Document 1-3

Filed 07/19/2007

Page 1 of 1