Jane Doe v. Schwerzler

2008 WL 1781986 (D.N.J. 2008)


P filed a complaint against Ds for a sexual relationship P had with her swim coach, Schwerzler. Ds are John Schwerzler, Robert Taffet, Trish Green, Daniel Green, and the Gloucester County Institute of Technology. P claims that Schwerzler initiated a sexual relationship with P in 1998, when she was thirteen years old, and it lasted until 2004 when she was nineteen. P claims that Ds violated the New Jersey Law Against Discrimination. Ds moved to dismiss the case for lack of subject matter jurisdiction. Ds argued that P, who grew up in New Jersey and went to college in Kentucky, was still a citizen of New Jersey at the time that she filed the complaint. The Court denied the motion without prejudice and allowed P another opportunity to submit proofs evidencing that she was a citizen of Kentucky. Ds were all citizens of New Jersey. On the date, she filed her complaint, D lived in Kentucky, where she attended college. D had registered to vote in Kentucky, has a Kentucky driver’s license, rented property and paid utilities in Kentucky, established a bank account there, and paid Kentucky state taxes. P presented evidence by herself, friends, and family members of her intent to remain in Kentucky.