Davidson v. Roselle Park Soccer Federation

700 A.2d 900, 304 N.J. Super. 352, 1996 N.J. Super. LEXIS 528
CourtNew Jersey Superior Court Appellate Division
DecidedDecember 4, 1996
StatusPublished
Cited by8 cases

This text of 700 A.2d 900 (Davidson v. Roselle Park Soccer Federation) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davidson v. Roselle Park Soccer Federation, 700 A.2d 900, 304 N.J. Super. 352, 1996 N.J. Super. LEXIS 528 (N.J. Ct. App. 1996).

Opinion

KENTZ, Jr., J.S.C.

(retired and temporarily assigned on recall).

This matter comes before the Court on plaintiff’s motion for attorneys fees and costs. By way of background, this case originated from plaintiffs Order to Show Cause with Temporary Restraints, filed on June 5, 1996, seeking to enjoin defendants1 from blocking Eileen Davidson’s (hereinafter “Eileen”) participation in the soccer try-outs for the “boys traveling team.”

The facts may be summarized as follows:

The infant plaintiff, Eileen, is eleven years old (her mother and guardian, Diane Davidson, is the named plaintiff in this action). Eileen had been playing on the “traveling team” of the Roselle Park Soccer Federation (hereinafter the “Federation”) for the past four years. She was required to try out every year and each year she made the team based on her abilities.

On May 23, 1996, the voting board members of the Federation voted to restrict the “traveling team” to boys only. A “girls traveling team” had been in existence for two years, although Eileen had never been forced off the “traveling team” and onto the “girls traveling team.”

On June 5, 1996, plaintiff filed the aforesaid Order to Show Cause with Temporary Restraints seeking to temporarily restrain [355]*355defendants from prohibiting Eileen’s participation in the soccer try-outs for the “boys traveling team” scheduled for the evening of June 5, 1996. This Court granted plaintiffs application and subsequently Eileen tried out for the team of her choice.

On the Return Date of the Order to Show Cause, all parties agreed that until a decision was made as to whether Eileen had made the team, this Court had no issue to decide. The parties later reported that Eileen had made the team. Therefore, on June 17, 1996, this Court ruled that the action had become moot. This ruling was not challenged.

Plaintiff now seeks attorneys fees and costs. Whether plaintiff is entitled to such an award is the only issue now before the Court.

It appears from the undisputed record that the individual named defendants are volunteers of the Federation. N.J.S.A. 2A:64-1 to -6 governs actions by and against unincorporated associations, such as the Roselle Park Soccer Federation. As the group does not appear to be organized for a pecuniary purpose it cannot be sued. See N.J.S.A. 2A:64-6. Thus, the Federation cannot be liable for plaintiffs attorneys fees and costs.

Since the Federation is not amenable to suit the members of the association are individually liable for the debts of the association. See, e.g., Bango v. Ward, 12 N.J. 415, 97 A.2d 147 (1953) (holding that an action against an unincorporated association is in reality an action against the membership); Marchitto v. Central R. Co. of New Jersey, 9 N.J. 456, 88 A.2d 851 (1952) (holding that a suit against an unincorporated association is a suit against the principals). The named defendants are being sued as principals of the unincorporated association, not as employees, and thus, are individually liable. See N.J.S.A. 2A:64-5.

N.J.S.A. 10:5-27.1 authorizes state and federal courts to award reasonable attorneys fees to the prevailing party in suits brought under the Law Against Discrimination (hereinafter, the “LAD”). As N.J.S.A. 10:5-27.1 was enacted relatively recently, see L.1979, c. 404, s 6, there is little caselaw interpreting its provisions in [356]*356comparison to the vast body of caselaw interpreting the analogous federal provision, 42 U.S.C.A. § 1988. Since the New Jersey courts have not substantively addressed this question, plaintiff looks to federal law to support her contention that as the prevailing party she should be entitled to attorneys fees and costs.

In order to be awarded reasonable attorneys fees a plaintiff must show that he/she is the prevailing party. In order to be considered a prevailing party a plaintiff must demonstrate: (1) success on a significant issue which benefits the party bringing suit; (2) a factual causal nexus between plaintiff's litigation and the relief obtained; and (3) that the relief obtained had a basis in law. Feriozzi Co., Inc. v. City of Atlantic City, 268 N.J.Super. 310, 314, 633 A.2d 581 (Law Div.1993).

Plaintiff alleges that she has met all aspects of the three step inquiry. First, plaintiff contends that in light of the fact that Eileen was able to try out and play for the “boys traveling team” she has received all the relief sought in her complaint and thus, has succeeded on a significant issue. Next, plaintiff alleges that her suit was the cause of defendants’ decision to allow Eileen to participate on the soccer team and thus, there is a factual causal nexus between her litigation and the relief obtained. Plaintiff argues that defendants’ refusal to allow Eileen to play on the team until after the litigation was brought demonstrates that their actions were directly in response to plaintiffs litigation. Finally, plaintiff claims that her suit had an adequate basis in law since it is based on the LAD.

Defendants, on the other hand, contend that special circumstances exist which would render an award of attorneys fees and costs unjust pursuant to Hensley v. Eckerhart, 461 U.S. 424, 429, 103 S.Ct. 1933, 1937, 76 L.Ed.2d 40 (1983) (stating that, “a prevailing plaintiff should ordinarily recover attorneys fees unless special circumstances would render such an award unjust”). Defendants claim that their decision to create and encourage participation in a girls’ team was not a discriminatory practice since they had no intent to discriminate. Moreover, defendants assert [357]*357that they did not persist in a refusal to let Eileen play on the team of her choice, but rather informed the Court on June 25,1996 that a decision had not yet been made. Finally, defendants claim that plaintiff made no attempt to settle the matter, but instead persisted in outrageous demands and behavior.

Clearly, whether plaintiff is entitled to attorneys fees and costs rests on whether plaintiff is indeed a prevailing party. “The first inquiry in determining prevailing party status is whether the judgment provided the movant with a sufficient degree of success on the merits of its claim. In order to be a prevailing party, a ‘plaintiff must obtain an enforceable judgment against the defendant from whom fees are sought or comparable relief through consent decree or settlement.’” H.I.P. v. K. Hovnanian at Mahwah, Inc., 291 N.J.Super. 144, 154, 676 A.2d 1166 (Law Div.1996) (quoting Farrar v. Hobby, 506 U.S. 103, 111, 113 S.Ct. 566, 573, 121 L.Ed.2d 494 (1992)). Plaintiff, however, has not obtained an enforceable judgment, consent decree or settlement. Rather, on July 17, 1996, this court dismissed plaintiffs claims as moot. Therefore, it cannot be said that plaintiff has obtained a sufficient degree of success regarding the merits of her claim to be considered a prevailing party.

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700 A.2d 900, 304 N.J. Super. 352, 1996 N.J. Super. LEXIS 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davidson-v-roselle-park-soccer-federation-njsuperctappdiv-1996.