A federal judge rejected an initial bid for a class action by drivers allegedly affected by the lane closures. Watch video
NEWARK -- A group of drivers and transportation firms is fighting a second effort to dismiss their bid to sue the state of New Jersey, the Port Authority of New York and New Jersey, and other defendants for damages over the Bridgegate lane closures in 2013.
The group including livery services, taxis, transportation firms and other individuals, filed a 157-page brief in federal court this week in defense of their bid to get court approval of a class action against the state, the Port Authority, Gov. Chris Christie's re-election campaign, ex-Port Authority officials David Wildstein and Bill Baroni, ex-Christie aide Bridget Anne Kelly and former spokesman for the governor Michael Drewniak.
The drivers claim that the plaintiffs deprived them of their civil rights and financially harmed them when they planned and executed the closure of several access lanes from Fort Lee to the George Washington Bridge.
The closures caused massive traffic delays that, the complaint says, was retribution for Mayor Mark Sokolich's decision not to endorse Christie in his re-election bid in 2013.
Each of the defendants except Kelly late last year filed court papers urging U.S. District Judge Jose Linares to dismiss the complaint.
Baroni's lawyers, for example, called the complaint "a set of conspiracy allegations in search of a class action that does not exist."
But in the latest filing, the plaintiffs say the defendants' arguments have no legal basis to conclude that the lane closures at the George Washington Bridge in September, 2013 did not harm them or violate their civil rights.
"Most importantly," the plaintiffs' brief says, "defendants' motions also ignore that defendant Wildstein has admitted the very allegations which are the crux of plaintiffs'" complaint.
Who else knew about Bridgegate?
In a separate criminal complaint, Wildstein pleaded guilty last year to two conspiracy charges, including one count of violating the civil rights of Fort Lee residents. Baroni and Kelly also were charged and pleaded not guilty.
The brief says the drivers suffered economic losses, loss of time and were "falsely imprisoned in their vehicles" as Fort Lee became gridlocked.
Those losses, it says, can be ascertained -- a necessary finding if a class action is certified.
In addition, the plaintiffs' brief says it is premature to dismiss the class allegations before other legal steps have occurred.
A New Jersey Attorney General's spokesman, whose office represents the state defendants except Kelly, referred to its Dec. 29 brief when asked for comment. That filing calls for the denial of the class certification, saying the complaint is not legally sustainable.
Baroni's attorney had no comment, nor did a spokesman for the Port Authority.
Wildstein's attorney also did not reply for comment.
Linares last June tossed the original complaint, saying the plaintiffs, represented by the Epstein Law Firm of Rochelle Park, provided "only conclusory allegations" and failed to allege the defendants' personal involvement in the traffic mess.
He allowed the plaintiffs time to add specific details to their remaining claims. The amended complaint was filed Aug. 6.
The new complaint offers "ample factual allegations" regarding the planning, execution and attempted coverup of the lane closure plot, it says.
Tim Darragh may be reached at tdarragh@njadvancemedia.com. Follow him on Twitter @timdarragh. Find NJ.com on Facebook.