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| When you pass the Main Street entrance to the Bergen County Courthouse in Hackensack, don't forget to wave to Record Staff Writer Kibret Markos, who spends a good deal of his time on smoking breaks. |
Superior Court Judge Joseph S. Conte has extended the discovery deadline in the sexual-harassment lawsuit a former employee filed against North Jersey Media Group and Chairman Malcolm A. "Mac" Borg.
Plaintiff Tracey McCain of Englewood alleges Mac sent pornographic e-mails to managers and supervisors, knowing she would see them.
McCain says she worked for NJMG from 2000 to April 22, 2009, when she was fired. She was hired as technical coordinator for the IT department in what is now Woodland Park. In 2007, she was promoted to IT logistics manager.
Son replaces father
Son replaces father
Borg, 72, is the former publisher of The Record, a job taken over by his son, Stephen A. Borg, who is not a defendant in the suit. The elder Borg also lives in Englewood.
McCain says one of her duties was to read e-mails sent to her supervisor, who was identified in legal papers as Peter VanLenten, the late vice president of information technology.
"Commencing in or about 2000 and until plaintiff's employment terminated, defendant Borg committed acts of sexual harassment of plaintiff," according to the complaint, which Eye on The Record obtained from the Bergen County Courthouse in Hackensack.
On Thursday, I returned to the courthouse and the Civil Division Records Room (Room 111) and asked to see the file.
Court officials have made some changes in procedure, such as requiring you to have a docket number. If you don't have one, you have to go to the law library and look it up on a computer.
When you get the file or files, they are placed on a small table in the busy office and no chair is provided, perhaps to discourage you from taking notes and encourage you to use the copy machine (25 cents a page).
Judge Conte agreed to the plaintiff's request to extend discovery and set the new deadline for Aug. 11.
The elder Borg apparently hasn't been deposed, though the plaintiff has. Depositions are not part of the public record.
In the legal papers, the defendants' attorney, Samuel J. Samaro of Pashman Stein, concedes he got "angry" at the plaintiff.
I've seen Samaro in action. He loves to act tough.
The lawyer with the receding hairline charges around $400 an hour, but certainly doesn't spend what he gets from that on his wardrobe, judging from the cheap, off-the-rack suits he stretches over his pot belly.
Life and death
Attorney Demetrios K. Stratis of Fair Lawn, who represents the plaintiff, explained in legal papers he wasn't available for depositions in December because his mother died and his wife gave birth to a boy only a few days apart.
Stratis sought to disqualify Pashman Stein from defending NJMG and Borg, noting the plaintiff at one time paid for legal services from Donna T. Tamayne, a lawyer with the Hackensack firm.
Meanwhile, Samaro has demanded the plaintiff turn over copies of the pornographic material she alleges she saw.
On Thursday, I returned to the courthouse and the Civil Division Records Room (Room 111) and asked to see the file.
Court officials have made some changes in procedure, such as requiring you to have a docket number. If you don't have one, you have to go to the law library and look it up on a computer.
When you get the file or files, they are placed on a small table in the busy office and no chair is provided, perhaps to discourage you from taking notes and encourage you to use the copy machine (25 cents a page).
Judge Conte agreed to the plaintiff's request to extend discovery and set the new deadline for Aug. 11.
The elder Borg apparently hasn't been deposed, though the plaintiff has. Depositions are not part of the public record.
In the legal papers, the defendants' attorney, Samuel J. Samaro of Pashman Stein, concedes he got "angry" at the plaintiff.
I've seen Samaro in action. He loves to act tough.
The lawyer with the receding hairline charges around $400 an hour, but certainly doesn't spend what he gets from that on his wardrobe, judging from the cheap, off-the-rack suits he stretches over his pot belly.
Life and death
Attorney Demetrios K. Stratis of Fair Lawn, who represents the plaintiff, explained in legal papers he wasn't available for depositions in December because his mother died and his wife gave birth to a boy only a few days apart.
Stratis sought to disqualify Pashman Stein from defending NJMG and Borg, noting the plaintiff at one time paid for legal services from Donna T. Tamayne, a lawyer with the Hackensack firm.
Meanwhile, Samaro has demanded the plaintiff turn over copies of the pornographic material she alleges she saw.
Here is more from the original suit:
"Defendant Borg caused to be disseminated, via electronic mail, to various managers and supervisors within NJMG and specifically to the direct supervisor of the plaintiff, various pornographic videos which were vulgar and offensive and sexually degrading and did so with the knowledge that such material would be viewed or inspected by the plaintiff," according to the suit.
"Defendant Borg caused to be disseminated, via electronic mail, to various managers and supervisors within NJMG and specifically to the direct supervisor of the plaintiff, various pornographic videos which were vulgar and offensive and sexually degrading and did so with the knowledge that such material would be viewed or inspected by the plaintiff," according to the suit.
The suit goes on to allege Borg also sent e-mails to managers and supervisors containing "pornographic pictures," vulgar and offensive "audio recordings" and "other material."
NJMG has denied all of the allegations in the lawsuit, which was filed on Dec. 7, 2009.
Conte and Borg
Conte and Borg
The suit was assigned to Conte, who greeted Malcolm Borg warmly when he saw him in his Hackensack courtroom in April 2010.
They reminisced about a courthouse ceremony both took part in years before.
They reminisced about a courthouse ceremony both took part in years before.
McCain's lawsuit also alleges:
"Defendant NJMG knew of the actions of defendant [Malcolm] Borg and failed to take reasonable measures to prevent same from occurring. Defendant NJMG failed to enact or implement policies or procedures to prevent such behavior."
Jennifer A. Borg, daughter of Malcolm and big sister of Stephen, is vice president and general counsel of NJMG. In recent years, she has spent a great deal of time monitoring employees' use of company equipment, including computers and telephones.
It's not known whether she monitored her father's computer and knew about the material he was sending to other managers.
It's not known whether she monitored her father's computer and knew about the material he was sending to other managers.
See previous post on Friday's paper
Whats new with this post?
ReplyDeleteIt summarizes what happened since the suit was filed on Dec. 7, 2009.
ReplyDeleteThis post was written in June. Are you just seeing it now?
Is there a follow up to this story? did the case settle? How about a update? Thank You.
ReplyDeleteI'm working on it. Hackensack has been without power since Saturday P.M. Will try to get to courthouse soon.
ReplyDelete