Judge Michael A. Toto, J.S.C. - New Jersey Superior Court · Garoniak vs Petro Holding Inc MTD 619...

Judge Michael A. Toto, J.S.C. Disposition List

Motions Returnable ( 2/17 /20 I 7 )

D k oc et C N ase ame Motion Type M ' # D' ot1011 1spos1hon L-2305-

Garoniak vs Petro Holding Inc MTD 619 WO 16

L-3604-Alee vs National Union Fire Co Ext Disc 750 GRANT

15 L-7310-

GRANT 15 Alfred vs Perez-Angel Vacate Order 169 L-5904-

Appel vs Omdahl Service 451 GRANT 16

L-1904-Benitez vs Rojas

Vacate and Restore 469 GRANT

16 Comolaint L-4809-

Bock vs JFK Med Center SJ 240 adj 3/6 oral

13 at 9:00 am L-4809-

Bock vs JFK Med Center cross SJ 865 adj 3/6 oral

13 at 9:00 am L-4809-

Bock vs JFK Med Center cross SJ 1120 adj 3/6 oral

13 at 9:00 am L-4809-

Bock vs JFK Med Center Bar Testimony 1046 adj 3/6 oral

13 at 9:00 am L-6211- xfer

16 Boretsky vs Benedict Dismiss Complaint 163 Vignuolo L-6211-

Boretzky vs Benedict MTD 600 xfer

16 Vignuolo L-2101-

Bradford vs Allen, Beck MTD 30 xfer Paley 15

L-3801-xfer Paley

15 Capanna vs Santiago SJ 157 L-4911-

Catalfamo vs Swale, et al Strike Ans 801 16 ADJ 3/3

L-608-16 Catallo vs Park Village Strike Answer 610 WO

L-3406-Chrysler Fin Corp vs Lee Dismiss Complaint 580 GRANT

97 L-4108-

Ciesielski vs NJM Ins Co Dismiss Complaint 569 xfer

16 Vignuolo 1-01806-

Corisdeo vs Martin Compel Dep 679 GRANT 16

1-01806-Corisdeo vs Martin Compel Dep 1161 GRANT

16 L-1103-

Davis vs Caruso Ext Disc 767 GRANT 16

L-4305-Donahue vs A.J. Perri Inc Ext Disc 1024 GRANT

15 L-7502-

Early vs NJM Ext Disc 1003 GRANT 15

L-4803-Estate of Saint Sungsuwan vs Hann MTD 754 ADJ 3/3

15

L-1097-Foley vs Farm Tech Welding GRANT

14 Turnover 140

L-3102-xfer

15 Gi/Carrasquillo vs Bhatti MTD 967 Vignuolo -

adj 3/3 L-4509-

Gilbert vs Kar Leave to File 3PC 685 GRANT 16

L-4007-Giliberti vs Bessemer Trust Reinstate Complaint 349 GRANT

16 L-4802-

Glick vs NJM Ins Co Ext Disc; Adj Arb 463 GRANT 15

L-6006-Goode vs Vanek Ext. Disc 893 GRANT

15

L-7513-Gordon vs Allstate Enforce Settlement 227

ORDER TO 13 BE POSTED

L-7513-Gordon vs Allstate

Relieve Counsel; 840 GRANT

13 Fees L-6006-

Guzzo vs Johnson Rehabilitation Inst Ext Disc; Bar Report 273 DENY 14

L-6006-Guzzo vs Johnson Rehabilitation Inst Compel Report 1040 ADJ 3/3

14 L-6006-

Guzzo vs Johnson Rehabilitation Inst Cross - Entitlement to

1184 ADJ 3/3 14 Immunities

L-3309-Hafez vs Macy's Woodbridge Sub Serv 1023 GANT

15 L-6107-

JAG Physical Therapy vs Acquaro Lit Rights 437 GRANT 14

L-7302-Kenvin vs Winding Wood Apts Ext Disc 1076 WD

15 L-4110-

Lenart vs Retamozo Amend Complaint 818 GRANT 16

L-3001-Linden Arms vs Bridgeway MTDw/P 545 DENY

16 L-3001-

Linden Arms vs Bridgeway Cross-Amend

430 GRANT 16 Comolaint

L-5011-Lanski vs Strauss MTD 623

xfer 16 Vignuolo

L-5205-Lyons vs BP Auto Group Dismiss Complaint 391 DENY

15 L-5205-

Lyons vs BP Auto Group Cross-MTD 1038 GRANT 15

L-4711-Maisano vs Lancome MTD 753

GRANT IN 15 PART

L-5201- Margelis vs Friends Retirement Compel Disc 981 GRANT

15 Concepts L-7402-

WD 15 Marolla vs Geico Insurance Company Ext Disc 244

L-6902-Marrero vs Amsterdam Alley Bar Ext Disc 760 WD

15 L-6508-

xfer Paley 14 Matias vs Romero SJ 84

L-3207-Nandi vs Herkalo Dismiss Complaint 445 WD

16

L-2701-NJ Higher Edu vs Bove Decrease Payment 371


L-2701-NJ Higher Edu vs Bove Order to Pay 695


L-2310-NJ Higher Edu vs Robert Bove

Wage Execution; 449

ORDER TO 13 Amend Judgment BE POSTED

L-3906-Pitts vs NJM Ins Co Adj Arb, Ext Disc 664 GRANT

15 L-7303-

Quinn vs Laskowski Dismiss Complaint

563 ADJ 3/3 15 w/P

L-6707-Ramirez va Vilchka Ext Disc 634 GRANT

15

L-11-16 Rios vs Antlantic Realty Amend Complaint 530 GRANT

L-11-16 Rios vs Antlantic Realty Strike Ans 1039 WD

L-6207-Rodriguez vs Khoury MTD 861 ADJ 3/3

15 L-108104-

Rosa-Arocho vs Gonzalez Bifurcate Trial 734 DENY 14

L-6807-Rosales vs Wal-Mart Aid Lit. Rights 758 WD

16 L-3904-

Rothschild vs Sullivan MTS Answer 653 xfer

16 Vignuolo

L-3308-Salazar vs Randall MTD 531 GRPiNi 16

L-1701-Salib vs Castlepoint Ins Co MTD w/P 296 ADJ 3/17

16

L-108-16 Saunders-Cudjoe vs Blenderman Compel 942 GRANT

L-3-16 Scott vs Princeton Medical Center Ext Disc 1049 GRANT

L-6101-Sears vs Magliaro

15 Ext Disc 1032 GRANT

L-3201- GRANT 15 Steele vs Triple C Housing Compel Disc 158

L-3201-Steele vs Triple C Housing

15 SJ 85 ADJ 3/3

xfer L-803-16 Troche vs Prospect Pointe MTD 481 Vignuolo -

adj 3/3

xfer L-803-16 Troche vs Prospect Pointe MTD 622 Vignuolo -

adj 3/3

DC-Twnshp of South Brunswick vs

013693- Enf. Lit. Rights 721 GRANT 15

Allstate

L-2204-Valencia-Martinez vs Gladstone MTDw/P 711 GRANT

16 L-6204- Vivona vs Virtua Voorheed Medical

ADJ 3/3 14 Center Dismiss Complaint 72

L-6204- Vivona vs Virtua Voorheed Medical Dismiss Complaint 249 ADJ 3/3

14 Center L-1310-

Webb vs Rolling MTDw/P 323 WD 16

L-1310-Webb vs Rolling Cross- Vacate Order 1113 GRANT

16 L-1804- Worldwide Asset Purchasing vs

Enf. Lit. Rights 579 GRANT 05 Mendoza

L-5595- Jaje v. Fike Corporation and Compel Dep 338

ORDER TO 14 Suppression Systems BE POSTED

L-5595- Jaje v. Fike Corporation and Cross - Protective 595

ORDER TO 14 Suppression Systems Order BE POSTED

THE LAW OFFICE OF GREGORY A. SMITH LLC Gregory A. Smith, Esquire Identification No.: 036311999 1600 Market Street, Suite 1810 Philadelphia, PA 19103 (215) 422-4100

ANDRE J. ALFRED

plaintiff vs.

CESAR PEREZ-ANGEL, PEDRO A. DUKE and JOHN DOE DEFENDANTS 1-50

defendants

FILfEJJ r:r:q 1 . . 1 ?''17

JUDGE lvl!CH, ... 'AEL A. roro

Attorney for Plaintiff

SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY

NO. MID-L-7310-15 I ORDER

THIS MATTER have been brought before the Court on the Motion filed by Gregory A.

Smith, Esquire of the Law Office of Gregory A. Smith, attorney for plaintiff, it is on this. __ _

, 2017, ORDERED and DECREED that:

1. Plaintiffs Motion to Vacate the Order of Dismissal of Plaintiff Complaint without

prejudice dated /sJUv :; .J-01 bis GRANTED.

2. Plaintiffs Complaint is hereby REINSTATED.

3 Th@ disesvery end date is heieby exte:nndJdee(dLt[!;o!...:':;;;;;;;;;;;===="',.22.00.J+l+.

4. It is further ORDERED and DECREED that a copy of the within Order is to be served

upon counsel of all record within in seven (7) days of its entry.

BY THE COURT

~ ... /...,-J s c<f. MICHAEL A. TOJO, · · ·

KING, KITRICK, JACKSON & McWEENEY, LLC 241 Brick Boulevard PO Box 547 Brick, NJ 08723 (732)920-8383 Telephone (732)920-8885 Facsimile ATTORNEYS FOR DEFENDANT(S), Allstate ATTORNEYID#l19272014

IHABALEE,

Plaintiff(s),

: SUPERIOR COURT OF NEW JERSEY LAW DIVISION

MIDDLESEX COUNTY : DOCKET NO.: MID-L-3604-15

vs.

NATIONAL UNION FIRE COMP ANY OF PITTSBURGH, PA, and ALLSTATE NEW : JERSEY PROPERTY AND CASUALTY INSURANCE COMPANY,

Defendant(s).

Civil Action

ORDER

This matter having been opened to the Court by King, Kitrick, Jackson &

McWeeney, attorneys for the Defendant, William E. Wells, Jr., Esq., appearing, for an order

to extend the discovery end date ninety (90) days pursuant to R. 4:24-l(C); to Compel the

plaintiff to provide outstanding discovery and good cause having been shown;

IT IS on this a day of [-e~ldil o,..,~ 2017

ORDERED that discovery shall be and hereby is extended for a period of 90 days

from March 19, 2017 to June 17, 2017; and it is

FURTHER ORDERED that all that the plaintiff shall be Compelled to provide

executed authorizations for Atlantic Sine Specialist, DRA and Dr. Nayal by March 3, 2017;

and it is

FURTHER ORDERED that the plaintiff shall be Compelled to provide discovery

answers and workers compensation records from the underlying matter in Alee v. Kunitz, et

llL by March 3, 2017; and it is

FURTHER ORDERED that all parties obtain medical records by April 21, 2017;

and it is

FURTHER ORDERED that all expert reports shall be exchanged by May 26, 2017;

and it is

IT IS FURTHER ORDERED that a copy of the within Order shall be served upon

all parties within l days of the date herein.

Contested ( ) Uncontested (\I.)

ORDERED THAT ARBITRATION SHALL BE SCHEDULED FOR

f\'811,yl I, 'JO(]

J.S.C.

MICHAEL A. TOTO, J.S.C.

RABB HAMILL, P.A. 284 Amboy Avenue Woodbridge, NJ 07095 TEL: 732-636-9291 Attorneys for Plaintiff Ryan M. Appel

Plaintiff

vs

Angela S. Omdahl

Defendant

FILED FEB 1 7 2017

JUDGE MICHAEL A. TOTO

SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY

DOCKET NO. MID-L-5904-16

CIVIL ACTION

ORDER

This matter being opened to the Court pursuant to Rule 1 :6-2 on Motion of Rabb,

Hamill, P.A., attorneys for plaintiff, and upon notice to Geico Insurance Company and

the Court having read and considered the pleadings filed and for good cause being

shown;

IT IS on this _ _,_'_,'l'----_day of fef',Rcu.~l/ I

, 2017;

ORDERED that the plaintiff is hereby granted leave to serve Geico Insurance

Company, with the Summons and Complaint in this matter in lieu of serving the

defendant, Angela S. Omdahl; and it is

FURTHER ORDERED that a copy of this Order be served on all parties within

-·----'l __ days of the date hereof.


(

NEAL M. UNGER, P.C. ATTORNEYS AT LAW WILLIAMSBURG COMMONS 3-E AUER COURT EAST BRUNSWICK, NJ 08817 (732) 390- 1744

ATTORNEYS FOR PLAINTIFF Attorney ID No. 018531983 Maria Benitez, Florencia Rosas-Quintero, Xiomara Flores-Pineda and Modesta Pineda-Benitez.,

Plaintiffs, v.

JUAN C. ROJAS, JOSUE CHANEZ LOUIS DEMARCO, WATER CORP., JOHN DOES, l through 10 (said names being fictitious and presently unknown), X, Y and Z Corporations ( said entities being fictitious and presently unknown) and LIBERTY MUTUAL INSURANCE co.'

Defendant (s).

../1__,r'/, C. ..,-~rv7


DOCKET NO.: MID-L-1904-16

CIVIL ACTION

ORDER VACATING DISMISSAL AND RESTORING PLAINTIFF'S COMPLAINT

TO TRIAL CALENDAR

THIS MATTER having been opened to the Court on motion of Neal M.

Unger, P.C., attorneys for Plaintiff(s), Maria Benitez,

Florencia Rosas-Quintero, Xiomara Flores-Pineda and Modesta

Pineda-Benitez, Neal M. Unger, Esq. appearing, seeking an Order

Vacating the Order of the Hon. Arthur Bergman, J.S.C. dismissing

Plaintiff's complaint without prejudice entered January 6, 2017,

and Restoring Plaintiff's Complaint to the Active Trial

Calendar, and the Court having considered the pleadings; and for

other good cause having been shown;

IT IS, on this ll day of February, 2017,

ORDERED, that the January 6, 2017 Order Dismissing Plaintiff's

Complaint without Prejudice for Failure to Answer

Interrogatories and failure to respond to Defendants' Notice to

Produce entered by the Hon. Arthur Bergman, J.S.C. be and the

same is hereby vacated; and it is further

ORDERED that Plaintiff's Complaint shall be reinstated and the

matter restored to the active trial calendar upon payment of the

$100.00 restoration fee; and it is further

ORDERED that a copy of this Order be forwarded to all counsel of

record within days of the date hereof.

J.S.C. Opposed <

MICHAEL A. TOTO, J.S.C. r) Unopposed

#5'60

FORMC Q;}_ J 19 } I 7r-·

CHANG LEE

SUPERIOR COURT OF NEW JERSEY LAW DIVISION

Your Name

15 SPRINGFIELD ROAD Street Address

NORTH BRUNSWICK, NJ, 08902 Town, State, Zip Code

(908) 705-3713 Telephone Number

CHRYSLER FINANCIAL CORP

CHANG LEE

Plaintiff

vs.

Defendant

Middlesex County

Docket Number L-3406-97

CIVIL ACTION Order

This matter having been brought before the Court on Motion of (check one) D plaintiff ~ defendant for an Order (describe relief requested)

to dismiss the complaint and release the judgment lien against Chang Lee.

and the Court having considered the matter and for good cause appearing,

It is on this 17 day of February , 20 1 ORDERED as follows:

)

7 3'-1 °i"l

(). ,,...,...,,,,",. / .-- [J /\};) I L,,,. ·'J ,,

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D opposed

IZJ unopposed

/+ fa,J c1,J n / I

vU, )

Revised 11/2014, CN 10555-English (How to File a Motion) Page11 of11

Attorney ID #000142007 PALMlSANO & GOODMAN, P.A. I 71 Main S tree! P.O. Box 518 Woodbridge, New Jersey 07095-0518 (732) 634-6464 Attorneys for Plaintiff

KATHLEEN CORISDEO,

Plaintiff, vs.

ARETHA A.MARTIN, IRF AAN KAZAM, and AUSTIN MARTIN,

Defendants.

' : SUPERIOR COURT OF NEW JERSEY ' LAW DIVISION:MIDDLESEX COUNTY

DOCKET NO. MID-L-01806-16 f / 17 CIVIL ACTION

ORDER

This matter having been brought before the Court on motion returnable February 17, 2017

filed by the law firm of Palmisano & Goodman, P.A., attorneys for plaintiff; for an Order

compelling defendants, Aretha A. Martin, Irfaan Kazam and Austin Martin, to appear for the taking

of their oral depositions, and the Court having considered the matter and good cause appearing,

i' IT IS on this / ·1 day of February, 2017;

ORDERED that the defendants, Aretha A. Martin, Irfaan Kazam and Austin Martin, shall

be compelled to appear for the taking of their oral depositions on Thursday, March 23, 2017 at

10:00 a.m. at the law office of Palmisano & Goodman, P.A., 171 Main Street, Woodbridge, NJ;

and

IT IS FURTHER ORDERED that this Order be served upon all parties of record within

seven days of the posting of this Order.

Papers considered: ( ) Moving Papers ( ) Opposition ( ) Reply

.... ·················~--.) .. •· «/' --.~ ~-MICHAEL/A. TOTO. J.S.C.

Nelson A. Miranda, Esq.-NJ Attorney ID Number:038431997 HOWARTH & ASSOCIATES, LLC 129 Littleton Road - Suite 208 Parsippany, NJ 07054 Phone: 973-734-1900 Fax: 973-734-0406 IFILfEo Attorneys for Defendants, Aretha A. Martin, Irfaan Kazam and Austin Martin

,t:,·';1 11 ::in,7

KATHLEEN CORISDEO,

Plaintiff,

v.

ARETHA A. MARTIN, IRFAAN KAZAM and AUSTIN MARTIN,

Defendants.

IUDGr. Mir.I-IA . '. SUPERIOR COURT OF NEW JE!~.'SEJ,r )j LAW DIVISION: MIDDLESEX comfr9J"O DOCKET NO. MID-L-1806-16

411°1 Civil Action

ORDER

THIS MATTER having been opened to the Court by Howarth &

Associates, LLC, attorneys for the Defendants, Aretha A. Martin,

Irfaan Kazam and Austin Martin, for an Order compelling plaintiff

to appear for the taking of her deposition, and the Court having

considered the moving papers, and for good and sufficient cause

shown;

IT IS on this .tl__ day of -'-:::--~_<_n_~_t_H_.'--~~~~~~~, 2017,

ORDERED that Plaintiff, Kathleen Corisdeo, shall be

compelled to appear for the taking of her deposition on March 23,

2017 at 10:00 a.m. at the offices of Palmisano & Goodman, P.A.,

171 Main Street, Woodbridge, New Jersey; and it is further

ORDERED that a copy of this Order shall be served upon all

parties within seven (7) days of the date hereof.

Opposed

Unopposed MICHAEL A. TOTO, J.S.C.

, J. S. C.

I

/

PAPERS CONSIDERED

NOTICE OF MOTION

MOVANT'S CERTIFICATION

ANSWERING AFFIDAVIT

ANSWERING BRIEF

CROSS-MOTION

MOVANT'S REPLY

ANSWERING AFFIDAVIT OF CO-DEFENDANT

ANSWERING BRIEF OF CO-DEFENDANT

CROSS-MOTION OF CO-DEFENDANT

MOVANT'S REPLY

The Law Office of JUENGLING & URCIUOLI ATTORNEYS AT LAW 90 WOODBRIDGE CENTER DRIVE, SUITE 330 WOODBRIDGE, NJ 07095 TEL: (732) 582-3246 FAX: (732) 582-3231 By: Matthew R. Panas, Esq. - Attorney I.D. 044632005

Attorney for defendants, A.J. Perri, Inc. and Kevin Young, Jr.

ISABEL DONAHUE and BRIAN DONAHUE, H/W,

Plaintiff, V.

A.J. PERRI, INC., KEVIN YOUNG, JR. and JOHN DOES 1-10 (fictitious names, present identity unknown) and ABC CORP. 1-5 (fictitious entities, present identity unknown),

Defendants.

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET: MID-L-4305-15

Civil Action

ORDER

This matter having been opened to the Court on a Motion by Matthew R. Panas, Esq., Attorney for

Defendants, A.J. Perri, Inc. and Kevin Young, Jr., for an Order to extend the discovery end date by an

additional sixty (60) days from the current discovery end date of February 24, 2017 to April 25, 2017, and the

Court having considered the moving papers, opposition, if any, and for good cause shown;

. ·11,-IT IS on this / 1 day of [e\ov:y Ul'lj , 2017;

ORDERED that the discovery end date be extended for additional sixty (60) days from February 24,

2017 to April 25, 2017; and it is further

ORDERED that the discovery deadlines are as follows:

DISCOVERY TO BE COMPLETED

Plaintiffs deposition February 10, 2017

Defendant to obtain plaintiffs medical March 20, 2017 records

Plaintiff to appear for IME April 5, 2017

Defendant's expert report to be served April 20, 2017

IT IS FURTHER ORDERED that a copy of this Order be served upon all counsel of interest within

-+ days of the date hereof.

() Opposed ('.") Unopposed

/ /' J.S.C.

... , MICHAEL A. TOTO, J.S.C.

JUDITH E. COLLINS, ESQ. ID NO.: 024531994 LAW OFFICES OF TERKOWITZ & HERMESMANN 400 ATRIUM DRIVE, FIFTH FLOOR SOMERSET, NEW JERSEY 08873 IF'f/3 1 l 2017 732-805-2800 ,JUIJGf MICHAEi ATTORNEY FOR DEFENDANT, RON CARUSO CONSTRUCTION Co., INC., RON CARUSO, - A. TOTO VINCENT CARUSO JEC/CC: 326423

MYER DAVIS, )

vs.

Plaintiff( s ), ) ) )

RONALD CARUSO, RON CARUSO

CONSTRUCTION Co., INC. VINCENT

CARUSO, JOHN DOE 1-X AND JANE ROE 1-X, SAID NAMES BEING FICTITIOUS,

Defendant(s).

) ) ) ) )

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. MID-L-1103-16

CIVIL ACTION

ORDER EXTENDING DISCOVERY AND

SETTING NEW DISCOVERY END DATE

This matter came before the Court on application of counsel for defendants, Ron Caruso

Construction Co., Inc., Ron Caruso and Vincent Caruso, for an extension of discovery and/or an

adjournment of the presently fixed trial date. For good cause shown,

1 -7 ,\,1,, r IT IS on this I day of ~ ebYvt lt':J 2017,

ORDERED that:

(a) the time for the completion of discovery is hereby extended for a period of

sixty (60) days;

(b) the new discovery end date is May 18, 2017.

It is FURTHER ORDERED that, within the extended discovery period, the parties are to

complete the following discovery matters as specifically indicated below.

ITEM

1. Independent Medical Examination

COMPLETE BY

March 20, 2017

IT IS FURTHER ORDERED, that any arbitration hearing or trial currently scheduled

to occur prior to the conclusion of the discovery set forth above be adjourned to a date after the

new discovery end date; and

IT IS FURTHER ORDERED that a copy of this Order be served on all counsel of

record within seven (7) days from the date it is received by movant's counsel.

THIS MOTION WAS:

( ) OPPOSED

(Y0_ UNOPPOSED

-<:-? /

~::f

MICHAEL A. TOTO, J.S.C. J. S. C.

' , LEVINSON AXELROD, PA Levinson Plaza 2 Lincoln Highway Edison, New Jersey 08818-2905 (732) 494-2727 Attorneys for Plaintiff

CAITLIN A. EARLY,

Plaintiffs

vs.

New Jersey Manufacturers Ins. Co.,

Defendants

FULIED FE:B 1 7 W17

JUDGE MICHAEL A TOTO

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO.: MID-L-7502-15

Civil Action

ORDER

This matter being brought before the Court on Notice of Motion by Levinson Axelrod,

Attorneys for Plaintiffs, and the Court having considered the pleadings filed herein, and good

cause having been shown;

A.

B,

C,

IT,,,_

IT IS on this day of February 2017;

ORDERED as follows:

1. The discovery period be and is hereby extended to April 19, 2017;

2, Parties are to complete the following discovery matters within the following time periods:

Item

Plaintiff to complete treatment

Plaintiff to serve supplemental expert reports

Defendant to serve expert report

Completion Date

3/6/2017

3/20/2017

4/3/2017

IT IS FURTHER ORDERED that a copy of the within Order be served upon all parties

of record within 7 days of the date hereof

__ Opposed

4- Unopposed

// J.S.C . . / MICHAEL A. TOTO, J.

TURNER tAW FIRM, LLC BY: , ANDREW R. TURNER, ESQ. 76 South Orange Avenue - PO Box 526 South Orange, New Jersey 07079 973-763-5000

F:11..,~l!J t:fe

1 ·

JUDGE: //!J. l 20!? Attorneys for Plaintiff NJ Attorney ID 00690-1992

Plaintiff

FOLEY, INCORPORATED

vs.

Defendants

FARM TECH WELDING & IRONWORKS LLC, MATTHEW J. MARION and COURTNEY L. ROGERS

.!CffJ!& ~11. ,o,o

SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MIDDLESEX COUNTY

Docket No. MID L 10907-14 Judgment No. J 27320-15

Civil Action

ORDER FOR TURNOVER

::Jr-/ 'fo

e>8,)/1 /1 r

This matter being opened to the Court by the Turner Law Firm,

LLC, attorneys for the Plaintiff, and a motion having been filed

and served pursuant to R. 1: 6-2, and oral argument having been

waived, and the Court having considered the moving papers, and good

cause appearing;

IT IS on this~ day of February, 2017

ORDERED that:

1. Northfield Bank turn over to the Sheriff of Hunterdon

County, to whom the writ of execution was issued, or to Turner Law

Firm, LLC, Attorney Trust Account, attorneys for Plaintiff, at the

address listed above, the sum of $617.06 in the Bank's possession;

2. a copy of this order be served upon all interested

parties, by regular mail, within seven ( 7) days of receipt by

Plaintiff's counsel.

"' / r J.S.C.


Opposed

2s Unopposed

GILL & CHAMAS, LLC. By: Raymond A. Gill, Jr., Esq. (#025191977) 655 Florida Grove Road P.O. Box 760 Woodbridge, NJ 07095 (732) 324-7 600 Attorney for Plaintiff

GERALD GORDON,

Plaintiff,

vs.

ALLSTATE NEW JERSEY INSURANCE COMPANY, et al,

Defendants.

1 11 FD FEB 1 '? 2017

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNJY11 .. ' ~ ! DOCKET NO.: MID-L-7513-13 /)]1····.·_1 L(

/./!X Civil Action

ORDER

THIS MATTER having been brought before the Court by the firm of GILL & CHAMAS

attorneys for plaintiff, Gerald Gordon, and the Court having considered the matter and with good

cause appearmg;

IT IS on this \ '.)

ORDERED as follows:

1. The firm of Gill & Chamas, LLC and Raymond A. Gill, Jr., Esq. are hereby relieved as counsel for the plaintiff, Gerald Gordon.

2. Gosts-ifl-the-ametta1'-'0f $22,7W.84-H£~+Aflti-d<>e-te-th.<l-f1t,m-9£-Cill-&.Chamas, LLG,-whlc:.h4un~.LW,.,_payabl<i-f.t0m-the-proc;eeds-0.£the,$-L4.millio1:i..settlementprior to-,h~sa~l,atiBfl-Gf'..th<l-B<lttlmrnt-p.tCGG<JOOS-toG-th€-plaw.ti££ If said fonds ate deposited with-th.,,_c:;Je1,k-Q.£~.Sup<l1Wt:_CQ1J1:trG.ilwtttd.Chamas.,11ill. submit a con seot.ru:der .. ..to Mthis_crn1rt far their tellJ.QY3.l. t C> To /\ruvrc~ \ 111 !

3. Ceunsgl-f.gm;-m-the-amount-Of-$306,0.59.S.1--a.te.hei:eby...set.and.dueJ:oJ:heJirmoLGill& __ Chamas-;T±€,-whieh-funds-shall be-payable-frnm-the-J31'0c-eeds-e-fthe-$1-.-4-million settlemeat-pr~<licoJ:<>--the-di1'ti'ffilif10ft-6f-the-set-tlet'l'leflt-preeeedl!-t"O-the-pla-inti-f+.--I-f--said funds-a£e-d@!'esite4-wit.h--the--Gl<llck-of-th<i-Sup@r-i01~..aml--Ch41,ma,;...wi!l-submit a c-onsen~1:.to-this-co.w:t--f.or-thei1._removal. tTI \ ')

1

/'1

4. A copy of the within order shall be seived on the parties within _/_days of the date

h~of. /~

c. /,~ _/J.S.C.

PAPERS FILED \'(T[TH THE COURT:

( ) Answering Papers

( ) Reply Papers

NICOLSON LAW GROUP LLC By: Laura A. Seider Princeton Forrestal Village 116 Village Boulevard, Suite 200

Princeton, NJ 08540 (609) 919-0057 (609) 520-1702 (fax)

[email protected]

CALVIN GILBERT

Plaintiff,

v. RY AN KAR, MORAN TOWING, JOHN DOE, ABC CORP and PROGRESSIVE INSURANCE COMP ANY

Defendant.

Attorneys for Defendant, Moran Towing

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION MIDDLESEX COUNTY DOCKET NO. MID-L-4509-16

ORDER

THIS MATTER having been opened to the Court by Laura A. Seider, Esquire, attorney

for Defendant Moran Automotive and Towing, and the Court having reviewed the moving

papers submitted, and any opposition thereto, and for good cause appearing;

i','j-t, IT IS on this -t--L day of }ebruC!Yl/ , 2017,

ORDERED that Defendant Moran Automotive and Towing is granted leave to file and

serve a Third Party Complaint against Century Towing, Inc. within thirty (30) days of the date of

this Order; and it is further

ORDERED that a copy of the within Order shall be served upon all counsel within

__ .. _7t--_days of the date of this Order.

___ , J.S.C


__ Opposed

I-- Unopposed

It is ORDERED that movant shall serve, or make available. to any new party, a copy of all discovery materials within 20 days after the servicP. of the new oart11's initial pleading.

It is ORDERED that all disjcoven, ir1 this case shall end on '.:kpkmbev: t 20 Jl._ unless further extended by court order.

HOAGLAND, LONGO MORAN, DUNST S DOUKAS, LLP ATTORNEYS AT LAW

NORTH JERSEY 40PATERS0NST PO B0X480 1-lEW BRUNS\'\l1CK, NJ

SOUTH JERSEY 701 VI/ILTSEY'SMnl.. RD SUITE 202 HAMMONTON, NJ

Kathryn F. Suchman, Esq. (ID# 50112013} HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP 40 Paterson Street, PO Box 480 /FJ fL tr::, Ii"/, New Brunswick, NJ 08903 y;;, l!JJ (732) 545-4717 IF'fs 1 Attorneys for Defendant, New Jersey Manufacturers lnsruance JUD _ 1 2f111

GI: MICH,, Plaintiff, SUPERIOR COURT OF NEW J-@1's~ltl1io

MIDDLESEX COUNTY LORA GLICK LAW DIVISION

vs. DOCKET NO. MID-L-4802-15

Defendant, CIVIL ACTION

NEW JERSEY MANUFACTURERS ORDER INSURANCE COMPANY

THIS MATTER having been brought before the Court on Motion of Hoagland, Longo,

Moran, Dunst & Doukas, LLP, attorneys for Defendant, New Jersey Manufacturers Insurance, for

an Order to extend time for discovery to be completed and adjourning the arbitration scheduled

for March 22, 2017, and the Court having reviewed the moving papers and for good cause

shown;

IT IS ON THIS 1.1-\'k day of h,bvu._L-=-L"-1-+---' 2017,

ORDERED that the discovery end date shall be extended until April 9, 2017, to allow the

following discovery to be completed:

• Defendant to obtain Plaintiff's records;

• Defendant to serve all expert and supplemental reports by April 9, 2017;

IT IS FURTHER ORDERED that the arbitration date of March 22, 2017 be adjourned to

Ayvi \ 2.S, '){!/J and -witt \ gh_a 11 be .s ei .f..,v Ji./..fll Z 1,,, 1 ~DI 7

IT IS FURTHER ORDERED that a copy of the within Order shall be served upon all counsel of

record within seven (7) days of the date of service hereof.

J.S.C.

MICHAEL A TOTO, J.S.C.

HOAGLAND, LONGO MORAN, DUNST & DOUKAS,LLP ATTORNEYS AT LAW

NORTH JERSEY 40PATERS0NST PO BOX 460 NEW BRUNSIMCI<, NJ

SOUTH JERSEY 701 V'llLTSEY'SMn.LRD SlJITE202 HMIMONTON, NJ

Papers filed with the Court:

( (

) Answering Papers

) Reply Papers

The within Notice of Motion was:

( ~pposed (~ Unopposed

HOAGLAND, LONGO MORAN, DUNST & DOI.MAS, LLP ATTORNEYS AT LAW

NORTH JERSEY 40 PATERSON ST PO B0X480 NEW BRU~CK. NJ

SOUTH JERScV 701 Wil...TSEY'SMILLRD SUITE 202 HAl>IMONTON, NJ

Joseph B. Fuirita, Esq. (ID# 160112015) HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP 40 Paterson Street, PO Box 480 New Brunswick, NJ 08903 (732) 545-4717

F8LfED FEB t l 2011

JUDGE MICHAEi · - A. roro Attorneys for Defendants, Gregory Vanek and Susan Vanek

Plaintiff, SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY

JOSEPH GOODE LAW DIVISION

vs. DOCKET NO. MID- L-6006-15

Defendants, CIVIL ACTION

GREGORY VANEK and SUSAN VANEK; ORDER ABC Maintenance 1-5 (fictitious company/companies whose present identity is unknown); and John Doe 1-5 (fictitious name/names of person/s whose present identit is unknown

THIS MATTER having been brought before the Court on Motion of Hoagland, Longo,

Moran, Duns! & Doukas, LLP, attorneys for Defendants Gregory Vanek and Susan Vanek, for an

Order Extending Discovery and adjourning the arbitration scheduled for April 19, 2017, and the

Court having reviewed the moving papers and for good cause shown;

1~ '.),<J 11 IT IS ON THIS \ day of H',bo111.N , 2016

' ORDERED that the discovery end date shall be extended 120 days until June 29, 2017,

to allow the following discovery to be completed:

1. The Depositions of the Parties shall occur by February 15, 2017;

2. The Independent Medical Examination of Plaintiff by Dr. Fremed shall occur on

April 6, 2017;

3. The Expert Report of Dr. Fremed shall be served no later than May 6, 2017;

4. The Deposition of all Fact witnesses shall occur by May 15, 2017; and,

5. The site inspection shall occur by May 15, 2017.

HOAGLAND, LONGO MORAN, 00\JST & DOU!(AS, LLP ATTORNEYS AT LAW

NORTH JERSEY 40 PATERSON ST PO B0X480 NEW BRUNSV\IICI{, NJ

SOUTH JERSEY 701 \f'/ILTSEY'SMILLRD SUITE 202 HAMMONTON, NJ

6. Any liability expert reports from the defendant must be served by June 15, 2017;

and

IT IS FURTHER ORDERED that the arbitration date of April 19, 2017 be adjourned to

.J,J\1( I S, :21.S { f ; and

IT IS FURTHER ORDERED that a copy of the within Order shall be served upon all

counsel of record within seven (7) days of the date of service hereof. -·. _,,e""--:7 .,,.-"/

Papers filed with the Court:

( ) Answering Papers

( ) Reply Papers

The within Notice of Motion was:

( ) Opposed

~nopposed

ORDERED THAT. 1'1"1C\\ SHALL BE SCHEDULED FOR

SqkMim: I( :J~I]

//-~'l,/ / /~,;,,

// S:,,/c"/


J.S.C.

FILED Allison A. Krilla ID# 024862010 WIDMAN, COONEY, WILSON, McGANN & FITTERER 1803 Highway 35

FEB I 7 2017

JUDGE MICHJ\Ei:A. TOTO Oakhurst, New Jersey 07755 (732) 531-4141 Attorneys for Defendant(s), JFK JOHNSON REHABILITATION INSTIUTE, JFK MEDICAL CENTER, JFK HEALTH SYSTEM, INC., KELSEY ALEXANDER, R.N. and JACKIE CHIRICHELLA, R.N.

MONA GUZZO,

Plaintiff,

V.

THE JOHNSON REHABILITATION INSTITUTE and division of JFK MEDICAL CENTER, JFK HEALTH SYSTEM, INC., KELSEY ALEXANDER, R.N., JACKIE CHIRICHELLA, R.N., PHYSICIANS 1-10, NURSES 1-20, and XYZ CORP.,,

Defendants.


LAW DIVISION MIDDLESEX COUNTY

Docket No.: MID-L-6006-14

Civil Action

ORDER

±t:273

6;;2 J 1::.+ / i :::r

THIS MATTER being opened to the Court by WIDMAN, COONEY WILSON

McGANN & FITTERER, attorneys for the Defendant JFK Johnson Rehabilitation Institute, JFK

Medical Center, JFK Health System, Inc., Kelsey Alexander, R.N. and Jackie Chirichella, R.N.,

and on notice to plaintiffs counsel, seeking an Order barring any and all reports of plaintiffs

experts, and thereby barring same from testifying at trial, or in the alternative, extending

discovery for 90 days, and the Court having considered the moving papers and for good cause

having been shown:

U ,, "" this \ 1'' doy ,r fe1 hrv:'.:1 , 2017,

ORDERED thal.nm:li2~lillbility exp er!fHlf-plaill.t#f-a!'e-her-eby-baHoo; and it,)

is further

0 RD ERED thatptaintiff'smeaiool-and·nabi:lity expert1s"llf6-oor.ehy..barred..fmm .. testifyi11g

at-trial; or in the alternative, it is

ORDERED that discovery be extended 90 days from February 3, 2017 until May 4, 2017,

pursuant to the following:

Plaintiffs expert reports to be served by February 24, 2017;

Defendants' expert reports to be served by April 1, 2017; and

Depositions of all experts to be conducted by May 4, 2017; and

IT IS FURTHER ORDERED that a Copy of this Order shall be served upon all counsel

herein within ----'- days of

This Motion was:

____ opposed

J unopposed

I, of I

PIRO, ZINNA, CIFELLI, PARIS & GENITEMPO, L.L.C. 360 Passaic Avenue Nutley, New Jersey 07110 (973) 661-0710 Kathryn Kyle Forman, Esq. - I.D. 905392012 Attorneys for Plaintiff

IFILEo FEB t 12011

JLJOGJ: MIGHA!:L A . roro

AMR HAFEZ, SUPERIOR COURT OF NEW JERSEY

Plaintiff,

vs.

MACY'S WOODBRIDGE, MACY'S, INC: JILLIAN DOE (fictitious name),: JOHN DOES 1-10, and ABC CORPS : 1-10 (fictitious names representing unknown Defendants

Defendant (s).

LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. :MID-L-03309 15

CIVIL ACTION

ORDER

THIS MATTER having been opened to the Court by Kathryn Kyle

Forman, Esq., attorney for the Plaintiff, AMR HAFEZ, and the

Court having considered the matter herein, and for good cause

having been shown:

IT IS on this day of 7 , 2017

ORDERED that the Plaintiffs are hereby permitted to serve

1 tl/ Defendant, JILLIAN ~' through Def-enc1ctrTt--~:A:f:Y"~WOOOBR':Hl~+i-0

MAc"'f':5·;---~. by substituted service by cei;-t;ified mail, return

~EJi:'::~±_t1:::::-'!_;'._~"1Jj receipt requested and regular mail; /and it is further

ORDERED that a copy of this Order be served upon all parties

within

Opposed _Y..::..-_ Unopposed __

days of the date hereof.


#3'f9 OJ-jf-::;._j ( }--

Kevin E. Barber, Esq. (NJ Attorney ID # 021921996) NlBD\VESKE BARBER HAGER, LLC 98 Washington Street Morristown, NJ 07960 973-401-0064 973-401-0061 www.n-blaw.com Attorneys for Plaintiff Linda Giliberti

LINDA GILIBERTI,

Plaintiff,

v.

BESSEMER TRUST and COLIN SHAUNNESSEY,

Defendants.

IFUL!f!J f£B17.,

.r'Ofl JUDGE MICHAEL A .roro

;

i SUPERIOR COURT OF NEW JERSEY j LAW DIVISION - MIDDLESEX COUNTY j DOCKET NO. MID-L-04007-16 ; ; ; Civil Action ; i 1 ORDER ; ; ; ; !

THIS MATTER, having been opened to the Court by Niedweske Barber Hager, LLC,

attorneys for Plaintiff Linda Giliberti, by way of motion to reinstate her complaint, on notice to

counsel for Defendants, Epstein, Becker & Green, P.C., and with the Court having considered

the argument of all parties on this motion and for good cause shown,

IT IS, on this -~ __ day of February, 2017

ORDERED that the Court's Order entered by the Honorable' Joseph L. Rea on December

16, 2016 dismissing Plaintiffs Complaint without prejudice is vacated; and it is

FURTHER ORDERED that Plaintiffs motion to reinstate her Complaint is hereby

granted; and it is

FURTHER ORDERED that one true copy of this Order, as conformed, shall be served

on counsel for Defendants within five ( 5) days of its receipt by Plaintiffs counsel.

J.S.C.

--- Unopposed MICHAEL A. TOTO, J.S.C.

Opposed

Mitchell J. Deeter, Esq. (Id. No.:008172003) FERRO LABELLA & ZUCKER L.L.C. The Landmark Building 27 Warren Street Hackensack, New Jersey 07601 (201) 489-9110 Attorneys for Plaintiff JAG Physical Therapy, LLC

JAG PHYSICAL THERAPY, LLC,

Plaintiff,

v.

BRYANT ACQUARO,

Defendant.

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY

DOCKET No. MID-L-6107-14

cmL ACTrnNdf 4) (

ORDER GRANTING PLAINTIFF'S MOTION IN AID OF LITIGANT'S RIGHTS

THIS MATTER having been brought before the Court by way of

Notice of Motion, by F'erro Labella & Zucker L. L. C. (Mitchell J.

Deeter, Esq., appearing) on behalf of the plaintiff, JAG

Physical Therapy, LLC ("JAG"), upon notice to Jeffrey Randolph,

Esq. counsel for the defendant Bryant Acquaro ( "Acquaro") , in

the above-captioned matter, and the submissions of counsel

having been considered, the arguments of counsel having been

heard, and for good cause shown;

{,0010356.1)

IT IS on this 11 ORDERED:

day of February, 2017;

1. That JAG's Motion in Aid of Litigant's Rights is

hereby GRANTED in its entirety.

2. That Acquaro's Answer is hereby suppressed.

3. Default is hereby entered as to Acquaro and a proof

4.

hearing will be held on

before the Honorable

2017

That M~y b-•

counsel fees to JAG' s counsel a.;oc Lo -1:,e awarded

upon the submission and approval of a Certification of

Services to be submitted within _j_:i days of this

Order.

5. That a copy of this Order shall be served on counsel

for Acquaro within days hereof.

MICHAEl(A. TOTO, J.S.C. , J. S. C.

{F0010356.l} 2

PATRICK J. FLINN 014742011 LEVINSON AXELROD 2 Lincoln Highway Edison, New Jersey 08818 732-494-2727 Attorney for Plaintiff

DIANE LENART and her husband, JOHN LENART

Plaintiff(s ),

v.

MARCIAL RETAMOZO, SILVIA RETAMOZO, SANTOS CONSTRUCTION CO., VICTOR CARVALHO and JOHN DOES 1-10 (representing presently unidentified individuals, businesses, and/or corporations who owned, operated, maintained, supervised, designed, constructed, repaired, and/or controlled the premises in question,

Defendant( s ),


DOCKET NO.:MID- L-4110-16

CIVIL ACTION

OR.DER

The above entitled matter having been opened to the Court by Levinson Axelrod, attorneys for

plaintiffs; and the Court having considered this matter, it is hereby

201 7, that the plaintiff's motion for leave to :file An

amended complaint, correcting the name of the defendant, Victor Carvalho to Carvalho's

Carpentry, Inc., is hereby granted; and it is further;

5

ORDERED that a copy of this signed Order be served within seven days upon all attorneys

ofrecord in this action.

J.S.C.

Papers Filed with the Court: (Y) Moving Papers ( ) Reply Papers

/

/ /

/

--- .. -- --_---=- ---------·c·!-

Opposed __ _ Unopposed Y

c::/ . MICHAEL A. TOTO, J.S.C.

6

John S. Felten, Esq. (003911984) MONTGOMERY, CHAPIN & FETTEN, P.C. 745 Route 202/206, Suite IOI Bridgewater, New Jersey 08807 (908) 203-8833 Attorneys for defendant, BP Auto Group, LLC d/b/a Newton Kia Our File No. ZNA 20,482 MID-4

JOSEPH LYONS and RAMON PEREZ,

Plaintiff, vs.

BP AUTO GROUP, LLC d/b/a NEWTON KIA, DREW PICON, CJ MYERS, HERB HERNANDEZ, JOHN/JANE DOES (1-50) AND ABC CORP. (1-20) (fictitious parties whose identities are not now known).

Defendant(s).

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO: MID-L-5205-15

Civil Action

ORDER

This matter having been brought before the Comi by the law firm of Montgomery, Chapin

& Fetten, P.C., attorneys for defendants, BP Auto Group, LLC d/b/a Newton Kia, Drew Picon, CJ

Myers, and Herb Hernandez, and the Court having reviewed the moving papers seeking dismissal

based upon R.4:23-5(a) and R.4:37-2(a) and for good cause having been shown; it is on this

17 dayof Ri3,.,f!.~ 2017 \ ~ .

ORDERED that plaintiffs Complaint be and the same is hereby dismissed; and it is further UeNie-1::.,

ORDERED that a copy of the within Order be served upon all interested counsel within

_1___ days of the date hereof.

David Friedrich, Esq. Attorney ID:007202002 FRIEDRICH & FRIEDRICH P.A. 203 Godwin Ave Ridgewood, New Jersey 07450 201.670.9600 -tel 201.670.9650 - fax Attorneys for Plaintiff

fF:ILEo ftt/ f l ?.'f}

JUD . ,fl GE: MICHAE:L A

"· ror0

JOSEPH LYONS and RAMON PEREZ,


Plaintiff,

v.

BP AUTO GROUP, LLC d/b/a NEWTON KIA, DREW PICON, CJ MYERS, HERB HERNANDEZ, JOHN/JANE DOES (1-50) AND ABC CORP. (1-20) (fictitious parties whose identities are not now known)

Defendant.

LAW DIVISION - MIDDLESEX COUNTY DOCKET NO.: MID-L-5205-15

CIVIL ACTION

ORDER

This matter having been brought before the Court on motion of Friedrich & Friedrich PA, by

David Friedrich, Esq., attorneys for Plaintiffs, and the Court having read and considered the

submissions of counsel and for good cause shown;

IT IS on this \ {

ORDERED that:

day of fi:(bA «-<.II

I , 2017

1. Defendants' Motion to Dismiss is hereby denied;

2. Plaintiffs' have leave within ;J_ O days to file a Motion for Reconsideration as to

the Order of Judge Thomas Rea dated July 22, 2016 ordering arbitration; and

3. Any other relief which this Court deems just and proper.

IT IS FURTHER ORDERED that a copy of this Order be served upon all parties to this

matter within seven (7) days from the date of entry.

/~ J.S.C. Pursuant to Rule 1 :6-2(a), the matter was MICHAEL A. TOTO, J.S.C.

Unopposed "p:._ Opposed

SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. 92 East Main Street, Suite 402 Somerville, NJ 08876 MAIL PROCESSING CENTER 111 John Street New York, NY 1003 8 (212) 964-7400 Our File No. ARCH-00859.1 NJ Attorneys for Defendant Bridgeway Rehab, LLC

---------------------------------------------------------X LINDEN ARMS, LLC., LEGOW MANAGEMENT CO., LLC.,

Plaintiffs,

vs.

BRIDGEWA Y, LLC., ABC BUSINESS ENTITIES, XYZ CORPORATION, JOHN DOES, M.D., 1-10, JANE DOES, M.D., 1-10,

Defendants.

---------------------------------------------------------X

FILED FEB 11 2017

JUDG!: MICHA!:L A 7i · oro

SUPERIOR COURT LAW DIVISION: COUNTY OF MIDDLESEX


Civil Action

ORDER

This matter having been opened to the Court on application of Smith Mazure Director

Wilkins Young & Yagerman, P.C., by Steven M. Padalis, counsel for Defendant Bridgeway

Rehab, LLC for an order dismissing plaintiffs' complaint with prejudice, and the Court having

considered the Certification of counsel, and good cause having been shown: \"" 2.017

It is on this\ 1 day of \::e..lo~~ , 2tl16;' . . . Pl · h. Cfi CD~' n)c{1 iJ-! D-ekncl()j'\\ ·~ M0\10V\ \-o d\S.W\t s.s:. ll\V'\ I '"I

0 RD ERED that plaiatiffs' eemplaiat a e aaa i,t is aereay diBfflissed "ith J'f ej t1diee fut vvi-\t,\ fKJtcL\ lJl i ~ W-1-t\tJy Dl;)j \El> {lo,- .\w fi'C(&.Oh { \0 -QoYf\t\ '·"' {'VU fuilm:e te state a ela-im; aaa it 1s fuFtla8r C>\,\c\clt.W. d i'Y\U'Y\ \)\CIY)l\ IAVVI ; a.11d 1+ 1 s

-~\k'h;.v

ORDERED that a copy of the within Order shall be served upon opposing counsel

within seven days of movant' s counsel's receipt of same.

PAPER S CONSIDERED:

K ' (

'--

..--·

Notice of Motion

Movant's Affidavit(s)

Movant's Brief(s)

Answering Affidavit(s)

Answering Brief(s)

Cross-Motion(s)

Movant's Reply

Other(s):

ARCH-008 59.1 NJ/8

Oppo Unop

sed Y1

pos~

I'.'.'._ , / c:;, •. / MICHAEL A. TOTO, J.S.C.

-2-

McDermott & McGee, LLP Ida C. Genova, Esq. (NJ ID#03193-2001) 75 Main Street P.O. Box 192

FgfLED F.

EB 1 7 2017 Millburn, NJ 07041-0192 Attorney for Plaintiffs: Linden Arms, LLC.; Legow Management Co., LLC 85059 (a) RMT

JLJDG£ MICHAEL

LINDEN ARMS, LLC., MANAGEMENT CO., LLC., et. als,

SUPERIOR COURT OF NEW JERSEY LEGOW MIDDLESEX COUNTY-LAW DIVISION

DOCKET NO.: MID L 3001-16

Plaintiff,

v.

BRIDGEWAY, . LLC., ABC BUSINESS ENTITIES, XYZ CORPORATIONS, JOHN DOES, M.D., 1-10, JANE DOES, M.D., 1-10, et. als,

Defendants.

ORDER

A. roro

This matter coming on before the Comt on application of McDermott and McGee, attorneys for

plaintiffs, Linden Arms, LLC.; Legow Management Co., LLC , for an Order permitting plaintiffs to

file an Amended; Complaint, and it appearing to the Court that said motion should be granted;

and for good cause shown; ,-- , 2017

It is on this ft day of~l--eJ?~~YJ'-"-',\il"",n'-'-'1-J----------' 2016,

• ORDERED that plaintiffs are hereby permitted to file an Amended Complaint

within 4 days from the date hereof;

• ORDERED that defendant's Motion to dismiss is hereby denied.

_, . _Unopposed _Opposed

z-~~? < · MICHAEL A. TOTO, J.S.C.

0

BY ORDER OF THE COURT State of New Jersey,

Linden Arms, LLC., Legow Management Co., LLC., et al

Plaintiff(s), v.

Bridgeway, LLC., et al

Defendant( s).

I. INTRODUCTION

SUPERIOR COURT OF NEW JERSEY COUNTY OF MIDDLESEX

LAW DIVISION

CIVIL ACTION

Docket No. MID- L-3001-16

Memorandum of Decision on Motion to Dismiss Complaint

Defendant Bridgeway Rehab, LLC ("Bridgeway") to dismiss Linden Anns, LLC and

Legrow Management Co., LLC's (collectively, "Plaintiffs") Complaint, which alleges various

causes of action against Bridgeway arising out of an assault in an apartment complex operated by

Plaintiffs.

II. FACTS

The circumstances underlying this matter were litigated in Wright v. Linden Arms, LLC,

an action wherein Jermaine Wright, the underlying plaintiff, brought negligence claims against

Linden Arms, LLC, an apaitment complex (the "Apartment Complex"), after Mr. Wright was

assaulted by Yves Estil, a tenant at the Apartment Complex.

Prior to the assault, Bridgeway provided mental health care and treatment to various tenants

at the Apartment Complex, including Mr. Estil. To that end, Plaintiffs allege, but Bridgeway

disputes, the existence of a contractual relationship between Bridgeway and Plaintiffs, whereby

Bridgeway agreed to oversee the treatment of several patients residing in the Apartment Complex.

Additionally, Donald Legrow, the manager at Linden Arms, testified to his belief that an agreement

existed for Bridgeway to oversee the treatment of tenants at the Apaitment complex who were

1

suffering from psychological disorders, including follow ups from Bridgeway representatives to

ensure that everything was okay with these tenants. Mr. Legrow testified further that prior to the

assault, Linden Arms had contacted Bridgeway on multiple occasions with regards to complaints

filed against Bridgeway tenants in the Apartment Complex.

Additionally, Mr. Legrow testified that prior to the assault, Linden Arms had made

complaints to Bridgeway regarding Mr. Estil. In that regard, Bridgeway's own medical records,

issued in the underlying case, illustrate that on several instances in the months surrounding the

assault, Mr. Estil had refused to take his psychiatric medication in the presence of Bridgeway staff

members. Specifically, Mr. Estil refused to take his medication in front of Bridgeway staff

members on at least four occasions in the two weeks preceding the assault. Ultimately, Mr. Wright

and Linden Atms settled the underlying case.

Subsequently, on May 18, 2016, Plaintiffs filed the instant action against Bridgeway,

alleging that Bridgeway's negligent failed to monitor, supervise, and treat Mr. Estil caused the

assault. Bridgeway was not a named paiiy in the prior litigation, either as a direct defendant or a

third-party defendant.

III. ANALYSIS

Bridgeway moves to dismiss Plaintiffs' Complaint, pursuant to R. 4:6-2(e), for failure to

state a claim upon which relief can be granted. Specifically, Bridgeway argues that Plaintiffs

Complaint is barred by the entire controversy doctrine, and, even assuming that Plaintiffs

Complaint is not barred, the individual counts asse1ied in the Complaint must be dismissed as a

matter oflaw. The Court will address each of those arguments in turn.

A. Is PlaintifPs Complaint Barred by the Entire Controversy Doctrine?

2

First, Bridgeway argues that Plaintiffs Complaint is barred under R. 4:30A, the entire

controversy doctrine, on the grounds that any issue arising in this case should have been litigated

in the underlying matter. In opposition, Plaintiff maintains that dismissal under the entire

controversy doctrine is not warranted, because this case concerns necessary joinder of a party,

rather than a claim, and its failure to join Bridgeway as a pmty in the underlying matter was neither

inexcusable nor resulted in substantial prejudice to Bridgeway.

The entire controversy doctrine, codified in R. 4:30A, provides in pertinent part:

Non-joinder of claims required to be joined by the entire controversy doctrine shall result in the preclusion of the omitted claims to the extent required by the entire controversy doctrine, except as otherwise provided by R. 4:64-5 (foreclosure actions) and R. 4:67-4(a) (leave required for counterclaims or cross-claims in summary actions).

R. 4:30A.

The entire controversy doctrine "embodies the principle that the adjudication of a legal

controversy should occur in one litigation in only one court; accordingly, all parties involved in a

litigation should at the very least present in that proceeding all of their claims and defenses that

are related to the underlying controversy." Highland Lakes Country Club & Cmty. Ass'n v.

Nicastro, 201 N.J. 123, 125 (2009). To that end, the purpose of the entire controversy doctrine is

threefold: "(1) the need for complete and final disposition through the avoidance of piecemeal

decisions; (2) fairness to parties to the action and those with a material interest in the action; and

(3) efficiency and the avoidance of waste and the reduction of delay." Wadeer v. N.J. Mfrs. Ins.

Co., 220 N.J. 591,605 (2015) (citation omitted).

While New Jersey previously recognized the doctrine of compulsory party joinder, the

requirement that all parties who have a material interest in a transaction be joined was eliminated

in R. 4:5-l(b)(2). Rule 4:5-l(b)(2) provides:

3

(2) Notice of Other Actions and Potentially Liable Persons. Each pmty shall include with the first pleading a cettification as to whether the matter in controversy is the subject of any other action pending in any comt or of a pending arbitration proceeding, or whether any other action or arbitration proceeding is contemplated; and, if so, the ce1tification shall identify such actions and all pmties thereto. Fmther, each party shall disclose in the certification the names of any non-pmty who should be joined in the action pursuant to R. 4:28 or who is subject to joinder pursuant to R. 4:29-l(b) because of potential liability to any party on the basis of the same transactional facts. Each pmty shall have a continuing obligation during the course of the litigation to file and serve on all other pmties and with the cou1t an amended certification if there is a change in the facts stated in the original ce1tification. The court may require notice of the action to be given to any non-pmty whose name is disclosed in accordance with this rule or may compel joinder pursuant to R. 4:29-1 (b ). If a party fails to comply with its obligations under this rule, the comt may impose an appropriate sanction including dismissal of a successive action against a pmty whose existence was not disclosed or the imposition on the noncomplying party of litigation expenses that could have been avoided by compliance with this rule. A successive action shall not, however, be dismissed for failure of compliance with this rule unless the failure of compliance was inexcusable and the right of the undisclosed party to defend the successive action has been substantially prejudiced by not having been identified in the prior action.

R. 4:5-l(b)(2).

Thus, under the current formulation of the R. 4:5-l(b)(2), "a court may not dismiss a

subsequent action based on a pmty's failure to comply in a prior action with the notice requirements

of the rule unless it finds that: (1) the action is a 'successive action'; (2) the failure to provide

notice of other potentially liable parties was 'inexcusable'; and (3) the undisclosed pm·ty's right to

defend the successive action has been 'substantially prejudiced' by that failure. Kent Motor Cars,

Inc. v. Reynolds & Reynolds Co., 412 N.J. Super. 1, l l(App. Div. 2010) (quoting R. 4:5-l(b)(2)).

Here, even assuming this action qualifies as a successive action and that Plaintiffs failure

to identify Bridgeway as an interested pmty in the underlying matter was "inexcusable," dismissal

is not warranted because Bridgeway has not been substantially prejudiced by that failure. To that

end, while Bridgeway argues that discovery took place in the underlying matter without its

pmticipation, and any discovery in this matter from Jermaine Wright, a non-pmty to the current

action, would be difficult, that difficulty does not amount to substantial prejudice. To that end,

4

Brideway retains the ability to mount a zealous defense in this matter. Accordingly, the Court

finds that this matter is not subject to dismissal under the entire controversy doctrine, or for failure

to comply with R. 4:5-l(b).

B. Is Dismissal of The Individual Counts Asserted in Plaintiffs' Complaint Warranted?

Second, in light of the Court's finding that this case should not be dismissed for failure to

comply with R. 4:5-l(b), the Court must analyze whether any of the various counts of Plaintiffs'

Complaint should be dismissed. To that end, Bridgeway argues that: (I) Counts I, II, and III of

Plaintiffs' Complaint should be dismissed, because Plaintiffs purport to assert a claim for damages

on behalf of Jermaine Wright, a non-party to the instant action; (2) Count IV should be dismissed,

because it alleges causes of action against fictitious defendants, and thus, is not applicable against

Bridgeway; (3) Count VI should be dismissed, on the grounds that Plaintiffs seek to assert an

untiled third-party complaint against Bridgeway; (4) Count VII should be dismissed, because it

alleges a cause of action pursuant to the Joint Tortfeasors Contribution Act; and (5) Counts V,

VIII, IX, and X should be dismissed, because those counts are contingent upon the existence of a

contractual relationship between Bridgeway and Plaintiffs, and Plaintiffs have failed to establish

any such relationship. Without discussing the merits ofBridgeway's arguments, the Court denies

Bridgeway's Motion to Dismiss on each of those Counts, without prejudice, given the fact that

discovery has yet to take place in this case, and Plaintiffs' have filed a cross-motion to amend their

Complaint.

IV. CONCLUSION

In light of the foregoing, Defendant Bridgeway's Motion to Dismiss is DENIED.

5

HAWORTH COLEMAN & GERSTMAN, LLC Margot Wilensky Attorney ID: 036122008 45 Broadway, 21st Floor New York, New York 10006 Telephone: (212) 952-1100 Facsimile: (212) 952-1110 Attorneys for Defendant L'Oreal USA, Inc. ifs/a "Lancome Paris, Lancome USA, Inc., and Luxury Products Division of L'Oreal USA, Inc."

-----------------------------------------------------------x APRIL MAISANO and DOMINIC MAISANO,

Plaintiffs,

V.

LANCOME PARIS, LANCOME USA, INC., LUXURY PRODUCTS DIVISON OF L'OREAL USA, INC., AND ULTA BEAUTY SALON INC., ABC COMPANY NO. 1, (said name being fictitious, the true identity being presently unknown), ABC COMPANY NO. 2, (said name being fictitious, the true identity being presently unknown), and ABC COMPANY NO. 3, (said name being fictitious, the true identity being presently unknown),

Defendants.

----------------------------------------------------------x

Fil/ED FEB 11 2017




ORDER

THIS MATTER having been brought before the Court by Margot Wilensky, Esq. of

Haworth Coleman & Gerstman, LLC, attorneys for defendant L'Oreal USA, Inc. i/s/a

"Lancome Paris, Lancome USA, Inc., and Luxury Products Division of L'Oreal USA,

Inc." ("L'Oreal") for an Order dismissing plaintiffs' Amended Complaint pursuant to R.

4:23-5(a)(1) and R. 4:23-5(c), and the Court having considered the matter and good

cause having been shown:

IT IS on this l 11 day of February, 2017,

ORDERED Uiat plait1liffs'-Amern:tei::t~nrptatnrwtrere1:Jydisiflissed fn its entirety,

witl'.lout~-prejl:ldiee,-;3s--against L'Oreal . for Jailure-~G-Fespem··ttt discovery; or in the

alternative, it is

ORDERED that plaintiffs are compelled to provide all outstanding executed

HIPAA-compliant authorization forms in response to L'Oreal's Request for Production of

Documents dated January 26, 2016 and Supplemental Request for Production of

Documents dated October 27, 2016, within 1 O days of the date of this Order; and it is

FURTHER ORDERED that, in accordance with R. 4:24-1, the discovery end date

is extended to June 15, 2017, with following interim discovery deadlines:

(i) All outstanding discovery, including executed HIPAA-compliant authorization

forms in response to L'Oreal's Request for Production of Documents dated

January 26, 2016 and Supplemental Request for Production of Documents

dated October 27, 2016, to be seFVed by February 13, 2017;

(ii) Plaintiffs' depositions to be taken by April 14, 2017;

(iii) Defendant L'Oreal's deposition to be taken by April 28, 2017;

(iv) Defendant Ulla Beauty Salon lnc.'s deposition to be taken by May 5, 2017;

(v) Plaintiff April Maisano's Independent Medical Examination to be conducted

by May 5, 2017;

(vi) Plaintiffs' expert reports to be seFVed by May 19, 2017;

(vii) Defendants' expert reports to be seFVed by June 5, 2017;

(viii) Any and all expert depositions shall be concluded on or before June 15,

2017.

2

FURTHER ORDERED that a copy of this Order shall be served on all parties within

seven (7) days of receipt of this Order by the offices of Haworth Coleman & Gerstman,

LLC.

Opposed

Unopposed

3

J.S.C.


MURGATROYD LAW GROUP By: Anthony J Murgatroyd, Esq. 361 State Route 31 Building C, Suite 801 Flemington, NJ 08822 Telephone: (908) 788-7011 Facsimile: (908) 788-8750 Attorney for Plaintiff(s)

PATRICIA MARGELIS, Individually, and as Power of Attorney for AGNES DeNICOLA,

Plaintiff(s)

v.

FRIENDS .RETIREMENT CONCEPTS, INC., d/b/a ARBOR GLEN NURSING HOME, et. al.

Defendant(s)

FILED FEB 1 7 ,WI?


SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET: MID-L-5201-15

Civil Action

ORDER TO COMPEL DISCOVERY

This Motion to Compel Discovery having been presented to the Court by Anthony J.

Murgatroyd, Esq., Attorney for Plaintiff, and the Comt having considered the supp01ting

docmnents submitted by Plaintiffs counsel, and the opposition by Defendants, if any, and the

arguments of counsel, if any, and good cause having been shown;

17 c, IT IS on this · day of I C\::lt -~~- , 2017;

ORDERED that Defendants provide the following discovery within ten (10) days:

1. Fully responsive answers to Form "C" Intenogatory #5 and Supplemental

Interrogatories #7, #22 and #43 in accordance with Plaintiffs request dated September 28, 2016;

and

2. A complete copy of the policies and procedures of Arbor Glen Fully requested in

Plaintiffs Document Demand; and

I

IT IS FURTHER ORDERED that a copy of the within Order be served upon all

parties within seven (7) days from the date hereof.

( ) Opposed (~) Unopposed


JOHN A. CAMASSA, ESQ., #008261992 CAMASSA LAW FIRM, P.C. 1800 Route 34 Building 3, Suite 303 Wall, New Jersey 07719 (732) 223-5511

FILED FEB 1 7 ?017

,JUDGE MICHAEL A. TOTO

Attorney for Defendant, New Jersey Manufacturers Insurance Company Our File: IC.7288J

SHANTA YE PITTS,

Plaintiff(s),

v.

NEW JERSEY MANUFACTURERS INSURANCE COMPANY,

Defendant(s),

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUN~Y j Docket No: MID-L-3906~ (; '

Civil Action

ORDER ADJOURNING ARBITRATION, EXTENDING DISCOVERY AND COMPELLING DISCOVERY

This matter having been opened to the Court by counsel for defendant, New Jersey

Manufacturers Insurance Company prior to proceeding to arbitration for an extension of the

discovery period and exceptional circumstances having been found,

·1\-"' IL It is on this \ day of ___,K,--'=cl\o""'-'VIA.'-'ll=-~-+--~' 2017, ORDERED as follows:

J.,ia,,J / .I 2017 I. The scheduled date of April 4, 2017 for arbitration is adjourned. -lo w ,e \(I

2. The time for completion of discovery be and is hereby extended to May 21, 2017.

3. Parties are to complete the following discovery matters within the following time periods:

Item

A. Plaintiff to provide the signed authorization to CVS Pharmacy by

B. Plaintiff to provide a copy of her 8/6/16 records from University Hospital by

Completion Date

March 9, 2017

March 9, 2017

C. Plaintiff to provide a copy of her records from her primary care physician regarding her August 2016 treatment by

D. Plaintiff to provide a copy of her records from Dr. Weiss by

E. All expert rep011s to be provided by

March 9, 2017

March 9, 2017

May 1, 2017

It is FURTHER ORDERED that a copy of the within order be served upon all parties of

record within 7 days of the date hereof.

OPPOSED

X UNOPPOSED

-1"' o..\ 3, V'\Cv\\ 'oe \; e. t -\"O '(


GARCES, GRABLER & LEBROCQ, P.C. Michelle M. Tullio, Esq. Attorney ID: 001221994 502 Amboy Avenue Perth Amboy, New Jersey 08861 (732)317-0711 Attorneys for Plaintiffs

JOSE RIOS and LOLA RIOS, his wife,

PLAINTIFF(S),

v.

ATLANTIC REALTY, LLC, PREFERRED MANAGEMENT, ATECH LANDSCAPING DESIGN, JOHN DOES (1-30) and A.B.C. COMPANIES (1-30), (fictitious names) and (fictitious entities)

DEFENDANT(S).

~-/J-/J FILED

FEB 1 7 2017




CIVIL ACTION

ORDER

THIS MATTER having been opened to the Court upon application of Michelle M.

Tullio, Esq., attorney for plaintiff, for an Order permitting the plaintiff leave to file and serve

Amended Complaint; and the Court having considered the moving papers, any papers m

opposition, and for good cause shown;

. ·,\"'\ IT IS on this J::r_ day of February , 2017;

ORDERED that plaintiff be and is hereby permitted to file and serve Amended

Complaint naming 3775 PARK AVENUE CONDO ASSOCIATES, INC. as an additional direct

defendant within }!j____ days of the date hereof; and

IT IS FURTHER ORDERED that a true copy of this order be served upon all counsel

within ·q days.

It is ORDERED that movant shall serve, or make available, to any new party, a copy of all discovery materials within 20 days after the service of the new party's initial pleading.

It is ORDERED that all discovery in this case

shall end on Ji@ I&" 20 J.]__ unless further extended by court order.

Law Office of Robert A. Raskas 371 Hoes Lane, Suite 105 Piscataway, NJ 08854 (732) 981-1649 (Telephone) (732) 981-1657 (Fax) By: Mark A. Trudeau, Esq., 02593-1995

Attorney for Defendant, Frank Vilichka

EMILY RAMIREZ

Plaintiff,

-vs-

FRANK VILCHKA, Y ARELIS RODRIGUEZ, GEORGINA VASQUEZ, DOMINICK MAURO AND JOHN DOE 1-10 (FICTITOUSL Y NAMED) AND ABC CO. 1-10 (FICTITIOUSLY NAMED) i

Defendants. I

'fl(p3Lf OJ./1 7-f I r

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. MID-L-6707-15

Civil Action

ORDER

FILED FEB 1 7 2017


This matter having been opened to the Court on Motion of Mark A. Trudeau, Esq., attorney

for defendant, Frank Vilichka, for an Order to Extend Discovery one hundred twenty (120) days

from March 3, 2017, and with the consent of our adversary, and the Court having read and

considered the moving papers, and for good cause appearing;

IT IS on this jl t~ day of _ __,f.~e~J~.,~YY~<'d=" -::'.J'---'1 _________ , 2017:

ORDERED that deposition of plaintiff on March 16, 2017 is court ordered; and it is ftuther;

ORDERED that the Independent Medical Examination of plaintiff scheduled for May 4, 2017 is court ordered; and it is further;

ORDERED that plaintiff shall pay the "no show" fee in the amount of $50.00 within thi1ty (30) days of the date of this Order; and it is further;

ORDERED that all defense expert rep01ts shall be served by June 30, 2017; and it is further;

ORDERED that discove1y end date be extended one hundred twenty (120) days to July 1, 2017and it is further;

ORDERED that a copy of the within Order be served on all counsel within _7 __ days of the date hereof.

() Opposed ~Unopposed

//'7 />;:;,:-, J.S.C.


CAMPBELL, FOLEY, DELANO & ADAMS, LLC MARIO J. DELAN0-031531992 601 BANGS AVENUE

P. 0. Box 1040

ASBURY PARK, NEW JERSEY 07712-1040

Telephone: (732) 775-6520

Attorneys for Defendant, Rosa-Arocha Our File No. 1-38, 101-MJD

Plaintiff

JOHANNA ROSA-AROCHO

vs.

Defendants

NICOLAS 0. GONZALEZ, JJP TRUCKING, LLC.,

John Doe 1-X and Jane Doe said names being fictitious

Plaintiffs

LEYDA FERNANDEZ and PEDRO GOMEZ

vs.

Defendants

JOHANNA ROSA-AROCHO, NICOLAS 0. GONZALEZ, JJP TRUCKING, LLC., "John Doe"

1 through 7 (said name being fictitious, true name

Being unknown) and "ABC Corporation" 1 through 7(said name being fictitious, true name being unknown)

FILED FEB f 7 2017

JUDGE MICHAEL A. 7070

SUPERIOR COURT OF NEW JERSEY LAW DIVISION:MIDDLESEX COUNTY


Civil Action

ORDER TO BIFURCATE TRIAL ON LIABILITY AND DAMAGES

Docket No. MID-L-4783-15

The above entitled matter having been opened to the Court on February 17, 2017, by

Campbell, Foley, Delano & Adams, LLC., attorneys for the defendant, Johanna Rosa-Arocho,

on motion to Bifurcate trial on J:~(l'.tJ and damages, and it appearing to the satisfaction of the

Court that the motion may b~med, it is hereby

ORDERED on this (1 day of s,C"''/ , 2017, bifur-cating·itabHilyantl-damage

trials-with-the-liabWit~l-pre&eee!iflg-fifst-;-11111 nediatelyioltowed by a damages trial;-and it is

further

FURTHER ORDERED that a copy of this Order shall be served within 7 days upon all

attorneys of record in this action and upon parties appearing pro se.

Dated: January 30, 2017

__..····J.S.C. -~ MICHAEL A. TOTO, J.S.C.

PAPERS CONSIDERED

-=-.._Notice of Motion ~Movant's Certification __ Movant's Brief __ Answering Affidavits __ Answering Brief __ Cross-Motion __ Movant's Reply __ Other~l9+ff+------

Eric Kuper, Esq. - NJ Attorney ID #028001987 File No. 6-04192-12

Martin, Kane & Kuper 180 Tices Lane, Building B, Suite 200 East Brunswick, NJ 08816 732-214-1800 phone 732-214-0307 fax Attorneys for Defendant, Alan J. Randall ·

GERMAN F. SALAZAR, Plaintiff(s),

vs.

ALAN J. RANDALL and J. DOE (A through Z)

Defendant(s).

.. FD

FEB 1 '? 2017

SUPERIOR COURT OF NEW JERSEY LAW DIVISION - MIDDLESEX COUNTY

Docket No. MID-L-3308-16 Civil Action

ORDER

This matter having been opened to the Court by Eric Kuper, Esq. of Martin, Kane &

Kuper, attorneys for Defendant, Alan J. Randall, on notice of motion to dismiss the plaintiffs

Complaint for failure to provide discovery, and it appearing to the Comt that due notice of this

motion has been given to all counsel, and the Court having considered the matter and good

cause appeanng;

IT IS on this / 7 pt. day of/,d.Jru.tLh.( , 2017

ORDERED that the plaintiffs Complaint shall be and is hereby dismissed without

prejudice for failure to provide discovery; and it is further

ORDERED that a true copy of this Order shall be served upon all counsel within

seven (7) days of the date hereof.

. J.S.C. D Opposed ilQ Unopposed MICHAEL A. TOTO, J.S.C.

LAW OFFICES OF VISCOMI & LYONS By: Nicole L. Hollingsworth, Esq. Attorney ID#: 037572007 Mount Kemble Corporate Center 360 Mt. Kemble Avenue Morristown, New Jersey 07960 973-538-2930 Attorneys for Defendant, J.T. Auto Sales, Inc.

GENER. SEARS,JR., Plaintiff,

vs.

MARC A. MAGLIARO, USB LEASING LT LAND/ORJT AUTO SALES, INC., CRAIG T. WONDOLOSKI, NEW JERSEY MANUFACTURERS INSURANCE COMP ANY, NEW JERSEY PROPERTY, GUARANTY INSURANCE LIABILITY ASSOCIATION Defendants.

CRAIG T. WONDOLOSKI, Plaintiff,

vs.

MARC A. MAGLIARO, Defendant.

and

MARC A. MAGLIARO, Defendant/Third Party Plaintiff,

vs.

CRAIG T. WONDOLOSKI, Third Party Defendant.

FILED FEB t l 2011

JIJDGEMJ CHAEL A TOJO

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO.: MID-L-6101-15

CIVIL ACTION

ORDER TO EXTEND DISCOVERY END DATE

This matter having been presented to the Court by the Law Offices of Viscomi & Lyons by

Nicole L. Hollingsworth, Esq., attorney for defendant, JT Auto Sales, Inc., for an Order extending

the discovery end date, and the Court having considered the moving papers and any opposition filed

thereto, and good cause having been shown.

1·1·\'1'1-It is on this __ day of FEBRUARY , 2017;

ORDERED, that the discovery end date be and is hereby extended an additional sixty (60)

days to APRIL 25, 2017 , with the following discovery to be completed:

1. All prior pleadings and discovery documents to be provided to counsel for

defendant JT Auto Sales, Inc. on or before FEBRUARY 25, 2017 :

2. The independent medical examination ("IME") of Plaintiff, Gene R. Sears, Jr., to be

completed on or before MARCH 1, 2017 ; with,

3. Defendant JT Auto Sales, Inc. to serve its IME/ expert report upon plaintiff on or

before APRIL 5, 2017 ; with

4. Plaintiff to serve any rebuttal IME reports upon defendants on or before APRIL

17, 2017 ;

5. Expert depositions to be completed on or before APRIL 25, 2017 ; it is,

FURTHER ORDERED that a copy of this Order be served upon all parties within

_J ___ days of the date hereof.

___ Motion Opposed

11<. Motion Unopposed

FURTHER ORDERED tha~trati;;c)frial scheduled for Nii..KA,1 l , Z o l7is hereby adjourned to M,,'1 "I I J.<0 \,

-\lr,c.Jl. c.,~'\lt.\\ \)f S:e:\ -~( jl,l\'j

.

.·· /., //

?

J.S.C.


10 2.on I •

APPENDIX FOR ORDER

Checklist of papers considered by Judge:

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

~ Notice of Motion Returnable

v Movant's Certification -',

Movant's Brief Dated

Answering Affidavits Dated

Submitted on behalf of

Answering Brief Dated

Submitted on behalf of

Cross-Motion Dated

Movant's Reply Dated

Other

Opposed

Unopposed

___ / __ _

___ / __ _

___ / __ _

___ / __ _

___ / __ _

___ / __ _

___ / __ _

FARKAS & DONOHUE, LLC Jennifer Salfi Gianetti, Esq. - 037942003 25 A Hanover Road, Suite 320 Florham Park, New Jersey 07932 973-443-9400 973-443-4330-Fax

1/!l/,ff :i·JJ-/J

FILED /FEB 1 7 ,,117

JUDGE MICHAEL A. raro

Attorneys for Defendant Princeton HealthCare System, a New Jersey non-profit corporation as Owner and Operator of University Medical Center at Princeton s/h/a Princeton Medical Center Our File No.: PMC-173 NESHANTA SCOTT, individually, and as : Administratrix ad Prosequendum of the ESTATE OF DIANE SCOTT, deceased, on : behalf of the Heirs-at-Law of DIANE SCOTT, and DIANE SCOTT, individually, :

Plaintiffe,

v.

PRINCETON MEDICAL CENTER, JOHN DOE MEDICAL DIRECTOR, JANE DOES 1-5, JOHN DOE, MD 1-5, ABC CORPORATION, et al.

Defendants.

SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MIDDLESEX COUNTY DOCKET NO.: MID-L-003-16

Civil Action

ORDER

THIS MATTER having been opened to the Court by Farkas & Donohue, LLC, attor-

neys for defendant, Princeton HealthCare System, and the Court having considered the moving

papers, and for good cause having been shown;

. ·1y\"-ON THIS jJ_ day of February 2017;

ORDERED that discovery is extended from February 20, 2017 to June 20, 2017; and it

is further

ORDERED that party and fact depositions be completed by March 31, 2016; and it is further

ORDERED that plaintiff serve any and all expert reports by April 30, 2017; and it is further

ORDERED that the defense serve any and all expett reports by May 30, 2017; and it is further

ORDERED that all expert depositions be completed by June 20, 2017; and it is further

ORDERED a copy ohhis Order shall be served upon all counsel of record within sev

en (7) days of its receipt in filed, executed form by Farkas & Donohue, LLC.

-~Opposed ~Unopposed


J.S.C.

Law Office of Robert Raskas 371 Hoes Lane, Suite 105 Piscataway, NJ 08854 (732) 981-1649 (Telephone) (732) 981-1657 (Fax) By: Teresa Valle, Esq., 04242-2006

Attorney for Defendant, Parijat Cheema

CHERYL SAUNDERS-CUDJOE,

Plaintiff, i

-vs-

WILLAIM G. BLENDERMAN, ERJC S. MUNI, GENEROSA C. AUSTERO, VIVENCIO B. AUSTERO, TIAN PING ZHENG, QUI YONG, IRENE A. SPADACCINI, CHRISTOPHER M. DAVID, TERRY M. JACKSON, JOSEPH P. CONNORS, DANILE J CONNORS, ANOTONIO M ESTEVEZCORONA, GUANO LIU, LEO LIU, PARJJAT K. CHEEMA, LAUREN W POWERS, JOHN POWERS, SYLVIA D. LEE, DONALD R. ABRAMSON, NAZAN A. PETTIFORD, JOHN DOES (1-10) ( said names being ficitious and unknown personal) and ABC CORP(l-10) (said names being fictitious and unknown entities)

Defendants. I

I

FILED fB3 8 7 2017

JUDGE MICHAEL A. lO'JO

SUPERJOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKETNO. MID-L-108-16

Civil Action

ORDER

This matter having been opened to the Court on Motion of Teresa Valle, Esq., attorney for

defendant, Parijat Cheema, for an Order to compel plaintiff to appear for an Independent Medical

Examination on May 4, 2017 and to pay the $50.00 "no show" fee within twenty (20) days of the

date of this Order and the Court having read and considered the moving papers, and for good cause

appeanng;

17 .~-- //! ,

IT IS on this_ day of_~--"_··_.>_<_C_(._it--1'"--------' 2017:

ORDERED that plaintiff shall appear for an Independent Medical Examination on May 4, 2017; and it is further

ORDERED that plaintiff shall pay the $50.00 "no show" fee within twenty (20) days of the date of this Order; and it is further

ORDERED that a copy of the within Order be served on all counsel within __ days of the date hereof

() Opposed ('?''Unopposed

J.S.C.


File No. 73387-D8

Timothy E. Haggerty, Esq. -Attorney I.D. Number: 003981975 LAW OFFICES OF STEPHEN E. GERTLER

FILED FEB 1 7 2017

JUDGE MICHAEL A. 1UJO A Professional Corporation Monmouth Shores Corporate Park 1350 Campus Parkway P.O. Box 1447 Wall Township, New Jersey 07719 (732) 919-1110 Attorneys for Defendant, Triple C Housing, Inc.

ROBERT STEELE,

Plaintiff,

vs.

TRIPLE C HOUSING, INC., et als,

Defendant.

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: Middlesex County DOCKET NO.: MID-L-3201-15 1{1

Civil Action

ORDER COMPELLING DISCOVERY FROM PLAINTIFF PURSUANT TOR. 4:17-5(c

This matter having been brought before the Court on Motion of The Law Offices of

Stephen E. Gertler, attorneys for the defendant, Triple C Housing, Inc., for an Order

compelling discovery from plaintiff, and said Motion being made and served in accordance

with Rule 1 :6-2 and the matter having been consider on the papers submitted and for good

cause shown;

IT IS on this ___ day of February, 2017; ORDERED that

1. Plaintiff be and is hereby compelled to provide lumbar MRI scans undergone

by Mr. Steele on 9/27/12 at New Jersey Imaging and Diagnostic Center; and

lumbar MRI scans undergone by Mr. Steele on 12/16/14 at Edison Imaging

Center within the next 30 days; and IT IS FURTHER ORDERED that

2. A copy of this Order shall be served upon all parties within 7 days of the date of

this Order.

Opposed rl:Sunopposed

-~ _,./'" ~7

//~


J.S.C.

FAILURE TO COMPY WITH THIS ORDER MAY RESULT IN YOUR ARREST

Donald J Sears, Esq. Township of South Brunswick P.O. Box 190 Monmouth Junction, NJ 08852 Phone No.: (732) 329-4000 Attorney for Plaintiff, Township o.fSouth Brunswick

TOWNSHIP OF SOUTH BRUNSWICK

Plaintiff

V.

Allstate Insurance Company

Defendant

FILED FEB t 7 2017

JUDGE MICHAEL A. lOJO


LAW DIVISION SPECIAL CIVIL PART MIDDLESEX COUNTY

Docket No.: MID-DC-013693-15 Judgment No.: DJ 78603-16

Civil Action

ORDER TO ENFORCE LITIGANT'S RIGHTS

THIS MATTER having been opened to the Court by the Plaintiff, Township of South

Brunswick, appearing by and through its attorney, Donald J. Sears, Director of Law,

Township of South Brunswick, on notice to the Defendant, Allstate Insurance Company, for

an Order Enforcing Litigant's Rights, and the Court having considered the moving papers

and the papers filed in opposition to the motion (if any), for the reasons set forth on the

record and otherwise for good cause shown;

IT IS HEREBY ORDERED and adjudged on this~~ day of Fz:".J /7 ~~~71-----~~~~ 2017, that:

(1) Defendant Allstate Insurance Company has violated the litigant's rights of the

Plaintiff by failure to comply with the Information Subpoena served upon it;

(2) Defendant Allstate Insurance Company shall provide a fully completed

Information Subpoena to the Plaintiff immediately;

1

ft ~,;/__(

6,Q/1 '7-/(

(3) If the Defendant Allstate Insurance Company fails to comply with the Information

Subpoena within ten (10) days of the certified date of personal service or mailing of this order, a

corporate representative of the Defendant shall appear before this Court and show cause why the

Defendant should not be held in contempt of Corni;

(4) Defendant Allstate Insurance Company shall pay the Plaintiff attorney's fees

and costs in connection with this motioll' and ff: fz,, ;;, /#(} ~,; ' !fl-//

ORDERED that a copy of this Order shall be served upon all counsel of record and

upon all umepresented paiiies within seven (7) days of the date hereof via regular mail and

certified mail, return receipt requested.

/----7 -----/ - / ..... /'

, ~ /' J.S.C.

Opposition filed: MICHAEL A. TOTO, J.S.C.

( ) Yes

r(i.No

2

Firm Code No.: H21 File No.: 135211707 Cooper Maren Nitsberg Voss & Decoursey Joseph P. Lavin, Esq. Bar#: 021272011

FILED FEB f 7 2017

485 Route I South Building A, Suite 200 JUDGE MICHAEL A. lOIO Iselin, NJ 08830 Ph: 732-362-3400; Direct Dial: (732) 362-3227 Fax: (866) 827-4716 Attorneys for Defendants, Ellen M. Gladstone and Troy B. Gladstone

NATHALIA VALENCIA-MARTINEZ, by her Guardian Ad Litem, OSCAR VALENCIA-ARIAS,

Plaintiff,

v.

TROY B. GLADSTONE, ELLEN M. GALDSTONE, JOHN DOES 1-10 (said names fictitious, real names unknown) and ABC CORPORATIONS 1-10 (said names fictitious, real names unknown),

Defendants.

SUPERIOR COURT OF NEW JERSEY Middlesex COUNTY

LAW DIVISION

CIVIL ACTION


ORDER

THIS MATTER having been opened to the Court by Joseph P. Lavin, attorney for

Defendants, Ellen M. Gladstone and Troy B. Gladstone, for an Order dismissing plaintiffs

Complaint with prejudice, and the Court having reviewed the moving papers submitted, and any

opposition thereto, and for good cause appearing;

IT IS on this J]_ day of ___ !'.'.> ___ ,, 20 J]_.

ORDERED that plaintiffs Complaint is hereby dismissed, with prejudice; and

IT IS FURTHER ORDERED that a copy of the within Order shall be served upon all

counsel within 7 days of the date of this Order.

Opposed

Unopposed MICHAEL A. TOTO, J.S.C.

FILED FEB 17 2017

JUDGE MICHAEL A. "IOIO

1157/

OJ. / 171- / I 7--

NOTICE: This is a public document,which means the document as submitted will be available to to the public upon request. Therefore, do not enter personal identifiers on it, such as Social Security number, driver's license number, vehicle plate number, insurance policy number, active financial account number, or active credit card number.

Daniel E. Schlossberg - 015102010

File# M331948 PRESSLER and PRESSLER, LLP Attorneys At Law 7 Entin Rd. Parsippany, NJ 07054-5020 1-973-753-5100

FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN YOUR ARREST

WORLDWIDE ASSET PURCHASING II, LLC

Plaintiff vs.

NORMAN MENDOZA Defendants

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX County DOCKET NO. L -001804-05 J -253048-05 CIVIL ACTION

ORDER TO ENFORCE LITIGANT'S RIGHTS

This matter having been opened to the Court by Pressler and

Pressler, LLP on plaintiff's motion for an order enforcing litigant's

rights and the defendant having failed to appear on the return date

and having failed to comply with the information subpoena; fl

It is on the day of 2017 ORDERED and

adjudged:

1) Defendant(s) NORMAN MENDOZA has violated plaintiff's rights as a

litigant;

2) Defendant(s) NORMAN MENDOZA shall immediately furnish answers as

required by the information subpoena;

3) If defendant(s) NORMAN MENDOZA fails to comply with the information

subpoena within ten (10) days of the certified date of mailing of this

order, a warrant for the defendant's arrest may issue out of this

Court without further notice;

4) Defendant shall pay plaintiff's fees in connection with this

MICHAEr'itroro. J.S.C.

PROOF OF SERVICE

On ,2017 , I served a true copy of this Order on -----------

Defendant(s) NORMAN MENDOZA by sending it simultaneously by regular and

certified mail, return receipt requested to: 110 S LINCOLN AVE MIDDLESEX,

NJ 088462247

I certify that the foregoing statements made by me are true. I am aware

that if any of the foregoing statements made by me are willfully false, I

am subject to punishment.

Dated: -----------

SANTORO AND SANTORO · 304 Maple Avenue

P.O. Box 38 S. Plainfield, NJ 07080 Phone (908) 756-0785 Attorneys for Plaintiff

FILED FEB I· 7 2017

JI/OGE MICHAEL A, lOII)

-------------------------------------------------------){

'.::ff I I 1.3 00- J Fr I , ::;-

MITCHELL DARNELL WEBB,

Plaintiffs,

SUPERIOR COURT OF NEW JERSEY LAW DIVISION - MIDDLESE){ COUNTY

-against-

CLAUDETTE ROLLING, JOHN DOE 1-5, and "ABC" CORPORATION (FICTITIOUS ENTITIES WHOSE E){ACT IDENTITIES ARE PRESENTLY UNKNOWN TO PLAINTIFF),

Defendants----------

---------------------------------------------)(

Civil Action


ORDER

This matter having been opened to the Comi by way of Notice of Motion filed by

Edward J. Santoro, Esq., on behalf of the Santoro and Santoro, Attorneys for the Plaintiff(s),

and the Comi having considered the matter, and for other good cause shown,

It is on this Cl day of fr~ , 2017

8RDE-R-EB-!htlt-t!l:e-tlefe!!dant2-s-Motiea to Dismiss witl! 13rej1c1diee is ll<lrelly dettied,

and it is forthet

ORDERED that the October 28, 2016 Order dismissing the plaintiffs Complaint as to

the defendant, CLAUDETTE ROLLING, is hereby vacated; and it is fiuiher

ORDERED that the plaintiffs Complaint is reinstated and returned to the active trial

calend~r upon the payment of a $300.00 restoration fee; and it is fmiher

ORDERED-thauh- JcD.,,is«'C"'v"ve"'l~y4E'1nvd1DffiratFPe:-;1,s-----;;,ianncTd111tfi1iiiTs filfiher --

ORDERED that a copy of the within Order shall be served upon all counsel within

_,_ days of the date hereof.

Papers Considered: ( ") Answering Papers ( ) Reply Papers

Opposed _ _..,._ Unopposed p(

,, C"'/ / J.S .. / //

,,/


Judge Michael A. Toto, J.S.C. - New Jersey Superior Court · Garoniak vs Petro Holding Inc MTD 619...

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