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

Motions Returnable ( 3/3/2017 )

Docket Case Name Motion Tvpe Motion# Disnosition L-1202-

Alfano vs Corrao Supp Ans/Def 172 WD 16

L-211-16 Bacher vs NJ Turnpike Authority Ext Disc 645 DENY

L-4035-Badolato vs Pacheco

16 Reinstate Comp 392 GRANT

L-6709-Bates vs Agarwal

16 Dismiss Count 306 ADJ 3117

L-4809-Bock vs JFK Med Center SJ 240

ADJ 3110

13 ORAL9AM

L-4809-Bock vs JFK Med Center cross SJ 865

ADJ 3110

13 ORAL9AM

L-4809-Bock vs JFK Med Center cross SJ 1120

ADJ 3110

13 ORAL9AM

L-4809-Bock vs JFK Med Center Bar Testimony 1046

ADJ 3110

13 ORAL9AM

L-6210-Bonds vs Metlife Auto & Home Ins Co

15 Compel Disc 577 GRANT

L-3101-1 Bono vs Mario's Pizza Cntr Reinstate Cornn 797 GRANT

L-6211-Boretsky vs Benedict Ext Time 225

XFER

16 VIGNUOLO

L-1003-Borrowski vs J2 Buffet Inc Strike 433 ADJ 3117

16 L-6804-

Brache vs Calixte Compel Appearance 610 GRANT 15

L-2100-Bradford vs Allen, Beck Misc 607

XFER

15 PALEY

DC-373- GRANT 10 Cach of New Jersey vs Pinales Turn over order 182

L-607-16 Caloia vs Howell Twnshp Ext Disc 504 GRANT

L-4911-Catalfamo vs Swale, et al Strike Ans 801 WD

16 L-1110-

Choppy vs Zweben Deposit Policy Limits 370 GRANT 15

L-2501-Clayton vs Seigenthaler MTD 631 WD

16 L-10903-

Cruz vs Gamboa-Basidas 14

Ext Disc 634 GRANT

L-3401- Dombroski vs Woodmere Senior 16 Citizens Housina

MTD 625 ADJ 3117

L-3409-Estate of Plytynski-Young vs Mercurio Dismiss Complaint 340 WD

16 L-4803-

Estate of Saint Sungsuwan vs Hann 15

MTD 754 GRANT

L-2001- ADJ 3117 15 Farooqi vs Dipinto Intl Logistics Supp Ans 185

L-5803- First Mercury Ins Co vs Strike Force Turn over Funds

14 of NJ 369 GRANT

L-3006-Giacomazzi vs Choubani Leave to File 3PC 430 GRANT

16 L-7308-

Gonzalez vs Patel Pro Hae Vice

16 Admission 423 GRANT

L-7513-Gordon vs Allstate Enforce Settlement 227 ADJ 3/17

13 L-7513-

Gordon vs Allstate Evi Hearing 1213 ADJ 3/17 13

L-8606-Grecco vs McGowan Camel Dep 804 GRANT

11 L-3310-

Griffin vs Amorim Dismiss Complaint 809 WD 16

L-6006-Guzzo vs Johnson Rehabilitation Inst Compel Report 1040 GRANT

14 L-6006-

Guzzo vs Johnson Rehabilitation Inst Cross - Entitlement to

1184 GRANT 14 Immunities

L-4008-High Point Ins vs Taryn Ney Reinstate Comp 798 GRANT

13 L-5595-

Jaje vs Fike Corp Compel Disc 628 ADJ 3/17 14

L-5595-Jaje vs Fike Corp Compel dep 459 ADJ 3/17

14 L-5595-

Jaje vs Fike Corp Compel Dep;

338 ADJ 3/17 14 Protective Order

DJ-61307 Kanuga vs Nawaz Enf Lit Rights 394 GRANT

09 L-5404-

Krass vs Thapar Dismiss Complaint 432 ADJ 3/17 16

L-6202-Krueger vs Llaguno-Camacho Strike 823 DENY

15 L-5306-

Lockamy vs Figueroa Stay 879 ADJ 3/17 15

L-3509-DENY

15 Lockett-Chiles vs Habib MTD 127 L-4901-

Manis vs Patel Intervene; Amend 1 /6

241 RESOLVED 15 Order

L-7610-Martinez vs Martinez; Norton

15 Dismiss Complaint 435 WD

L-6011-Mehta vs Mitchell Dismiss Complaint 532 WD

16 L-7405-

Nila vs Castaneda-Menchaca Ext Disc 683 GRANT 15

L-4602-Modis Inc vs Lubiak

Settlement 299 GRANT

15 Aareement; Dismiss L-1705- Nitya Software Solutions vs T2M

GRANT 16 Consulting Services Compel 83 L-1909- Oaks Development Corp vs Planning

Quash Subpoena 217 WD 05 Board of Twp of Old Bridqe

L-5811-Pappas vs Ford motor Co Compel Reports 497 WD

16

L-5811-Pappas vs Ford motor Co 16 Dismiss Complaint 487 WD

L-1006-Patel vs Oak Tree Plaza 16 Strike 375 WD

L-6808-Pinho vs Meridia Metro Hackensack

15 Disc Relief 414 ADJ 3/17

L-6808-Pinho vs Meridia Metro Hackensack Ext Disc; Compel

1059 ADJ 3/17 15 Production of Docs L-7303-

Quinn vs Laskowski Dismiss Complaint 563 WD 15 w/P

L-3001-Ramirez vs Hill Default Judgment 360 GRANT 14

L-507-15 Renna vs Wood Adj Arb+ Trial; Ext Disc

486 GRANT

L-507-15 Renna vs Wood Strike Ans 484 DENY

L-11511-Richard vs Ciampi

14 Enter Default 227 GRANT

L-6207-Rodriguez vs Khoury

15 MTD 861 ADJ 3/17

L-906-16 Rodriguez vs Melgar Ext Disc 734 GRANT

L-906-16 Rodriguez vs Melgar Ext Disc 550 GRANT

L-4307- RWJ Univ Hospital vs Plymouth Rock Suppress 589 WD 16 Assurance Ins Co

L-1909-16 Sangiovanni vs Kalman MTD 180

DENY

L-108-16 Saunders-Cudjoe vs Blenderman Dismiss Comp w/P 474 ADJ 3/17

L-3304-GRANT 16 Sciukaite vs Cruz SJ 151

GRANTED L-6507-

IN PART 16 Sohal vs Kaur MTD 104

L-3201-Steele vs Triple C Housing SJ 85 DENY 15

Stockton Sales Inc vs I urquo1se GRANT L-708-15 Chemistry Inc Vacate Judgment 168

L-6202-Taubler vs Soriano Dismiss Complaint 822 ADJ 3/17

16 L-3905-

Van Ness vs Frisco Compel Disc 704 GRANT 16 L-3709-

Velasco vs Leblanc Dismiss Complaint 594 WD 16

L-6502- Verizon NJ vs North Brunswick Amend to file 3PC 163 GRANT

15 Twnsho L-6204- Vivona vs Virtua Voorheed Medical

ADJ 3/17 14 Center Dismiss Complaint 72

L-6204- Vivona vs Virtua Voorheed Medical Dismiss Complaint 249 ADJ 3/17

14 Center

L-1205-Walker vs Starbucks

16 Compel Disc 547 GRANT

L-4104-Yong vs Mendoza

16 Dismiss Complaint 657 WD

L-2102-E Brunswick Hosp vs Kwacz Cross Mo 1063

XFER

16 VIGNUOLO

Jennifer McAndrew Vuotto - I.D. 02382004 ROBERT W. MCANDREW, ESQ. FILED

MA"t O 3 2017

JUDGE MICHAEL A. TOTO

222 Ridgedale Ave - Second Floor Cedar Knolls, NJ 07927 973-538-6308 Attorney for Plaintiff File No.: 3523

MARIE BONO and THOMAS BONO,

Plaintiffs,

V.

MARIO'S PIZZA CENTER.,

Defendant.

I [ SUPERIOR COURT OF NEW JERSEY [ LAW DIVISION: MIDDLESEX ! COUNTY I I DOCKET NO. MID-L-03101-16

[ Civil Action

I ORDER REINSTATING PLAINTIFF'S I COMPLAINT

---------------~

~=/9-:J--o3/03 /!'+-

THIS MATTER being opened to the Court by Robert W. McAndrew, Esq, attorneys for

Plaintiff, Marie and Thomas Bono, on notice to all parties, and the Court having reviewed the

papers submitted and good cause having been shown;

IT IS ON THIS day of ,Vlaft (j,- , 2017

ORDERED that the Plaintiffs Complaint is hereby reinstated together with Default as to

Defendant Mario's Pizza Center; and it is further

ORDERED that the Court shall hold a Proof Hearing on the

\- ~; 00 I'\\'-'\ N1udri 21 2.0 \] °' , 2016, and it is further

'

ORDERED that a copy of this Order shall be served on all parties within seven (7) days

of its receipt by moving counsel.

( ) Opposed ( X ) Uno ed MICHAELA TOTO, J.S.C. ' J.S.C.

Order reinstate

Purnima D. Ramlakhan, Esq. - NJ Attorney ID Number: 013292001 HOWARTH & ASSOCIATES, LLC 129 LITTLETON ROAD - SUITE 208 PARSIPPANY, NJ 07054 Phone: 973-734-1900 Fax: 973-734-0406 Attorneys for Defendant, MetLife Auto & Home

CURTIS L. BONDS,

Plaintiff,

vs.

METLIFE AUTO & HOME and INSURANCE COMPANY "X", a fictitious name whose actual identity is unknown to Plaintiff at this time,

Defendants.

t<';~ "( fi '3 ?!117

,JUDGE MICHAEL A. TOTO

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. MID-L-6210-15

I . I/ .. Civil Actio;:i/ · j

ORDER

THIS MATTER having been brought before the Court by Howarth

& Associates, LLC, attorneys for the Defendant, MetLife Auto &

Home, for an Order to compel Dr. Nehmer to produce complete

medical records in response to subpoena; and the Court having

considered the moving papers, and for good and sufficient cause

shown;

IT IS on this~, day of ~~;f,f--"-~'-'-""--'4-~~~~~~~' 2017,

ORDERED that Dr. Steven Nehmer be and hereby is compelled to

produce all medical records, office visits, progress notes,

evaluations, and narrative reports pertaining to plaintiff,

Curtis Bonds; it is further

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

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

Opposed

unopposed

'X.

~

MICHAEL A. TOTO, J.S.C

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

, J.S.C.

CHRISTOPHER S. PORRINO ATTORNEY GENERAL OF NEW JERSEY Attorney for Plaintiff R.J. Hughes Justice Complex 25 Market Street P.O. Box 117 Trenton, New Jersey 08625~0117

By: Garen Gazaryan Deputy Attorney General NJ Attorney ID: 070262013

FILED MA · R 03 2017

JUDGE MICH. 'AELA. Toro

(609) 292-6123 [email protected]

RICHARD J.BADOLATO, COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE,

Plaintiff,

v.

DANIEL PACHECO,

Defendant.

SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MIDDLESEX COUNTY DOCKET NO. MID-L-4035-16

Civil Action

ORDER OF REINSTATEMENT OF PLAINTIFF'S COMPLAINT

THIS MATTER having been opened to the Court upon the

motion of the Plaintiff, Richard J. Badolato, the Commissioner

of the New Jersey Department of Banking and Insurance, to

reinstate Complaint against Defendant Daniel Pacheco pursuant to

R. l:13-7(a), and the Court having read and considered the

papers submitted, and for good cause shown:

IT IS on this J day of MAAeU 2017,

ORDERED, that the Plaintiff's Complaint dismissed on

January 27, 2017, for lack of prosecution is hereby reinstated

pursuant to~ l:13-7(a); and

IT IS FURTHER ORDERED, that a copy of this Order be served

upon all parties within f] days of the date hereof.

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

This motion was:

Opposed

Unopposed

Timothy M. Jabbour, Esq. (ID: 034622002) TRESSLER LLP 744 Broad Street, Suite 1510 Newark, New Jersey 07102 (973) 848-2900

FILED MAR O 3 2017

JUOOEMlCHAEL A. TOTO

Attorneys for Defendant, New Jersey Turnpike Authority

ARLENE BACHER, an individual

Plaintiff,

v.

NEW JERSEY TURNPIKE AUTHORITY, PNC FINANCIAL SERVICES GROUP, INC., a banking institution doing business as PNC BANK ARTS CENTER, a business entity; LIVE NATION WORLDWIDE, INC., a foreign corporation doing business in New Jersey, CLEAR CHANNEL ENTERTAINMENT, INC., on behalf of GSAC PARTNERS, a foreign corporation doing business in New Jersey, JOHN DOES 1-15 fictitious individuals; and ABC COS 1-15, fictitious business entities,

Defendants.

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO.: MID-L-211-16 -4- t c;,_5

ORDER

THIS MATTER being opened to the Court by Tressler LLP, attorneys for Defendant

New Jersey Turnpike Authority ("NJTA"), on NJTA's Notice of Motion to extend the discovery

end date 90 days, and the Court having considered the proofs and for good cause shown:

IT IS on this

ORDERED that:

2478134

3 day of V'<J(+At ~ , 2017

7

M\rhOv'l ~ -e1Ae,v1d ct1&COVf0/ V,) dtv(t-er( I. The Diseevery-Ettcl-Batc in thi-ttef is ~xt.:ndecL90 days to .ftme 3, 2017;

2. A copy of this Order will be served upon all attorneys of record within 7 days of

receipt from the Court.

J.S.C. [Opposed] [Unopposed] ~)ls',_____

/

MICHAEL A. TOTO, J.S.C.

8 2478134

HOAGLAND, LONGO MORAN, 0UNST & DOUKAS,LLP ATTORNEYS AT LAW

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

SOUTH JERSEY 701 V\'ll.TSEY'SMILLRD SU!TE202 HAMMONTON, NJ

Jeffrey J. Czuba, Esq. (ID# 21901998) HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP 40 Paterson Street, PO Box 480

FilED t!lll.el O 3 2017

JUDGE MICHAEL A. TOTO New Brunswick, NJ 08903 (732) 545-4717 Attorneys for Defendants, Jude Calixte and Mannecie Joseph

Plaintiffs,

ANAIS CASTILLO BRACHE AMO YDANIA CANARIO

vs.

Defendants,

JUDE CALIXTE, MANNECIE JOSEPH, JUAN C. SANCHEZ-ROSALES, ET AL

SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY LAW DIVISION

DOCKET NO. MID-L-6804-15 consolidated under MID-L-6804-15 _Jj_ (5, / 0 CIVIL ACTION ~

ORDER

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

Moran, Duns! & Doukas, LLP, attorneys for Defendants, Jude Calixte and Mannecie Joseph, for

an Order compelling Plaintiff, Anais Castillo Brache, to appear for an orthopedic examination by

Dr. Steven H. Fried on March 21, 2017 and to compel Plaintiff, Ydania Canario, to appear for a

neurological examination with Dr. Eric L. Fremed on May 3, 2017, and the Court having reviewed

the moving papers and for good cause shown;

IT IS ON THIS~ day of jP/qK.,(d-' , 2017,

ORDERED that Plaintiff, Anais Castillo Brache, appear for an orthopedic examination by

Dr. Steven H. Fried on March 21, 2017;

ORDERED that Plaintiff, Ydania Canario, appear for a neurological examination with Dr.

Eric L. Fremed on May 3, 2017;

fo1 Deee11 ,be1 29, 2016 exa11 ,i1 ,atiem; and

IT IS FURTHER ORDERED that should Plaintiff, Anais Castillo Brache and Plaintiff, !JC•r

Ydania Canario, fail to appear for this examination, Plaintiffs Complaint Sftall be dismissed upon

HOAGLAND, LONGO MORAN, DLJNST & DOUKAS, LLP ATIORNEYSATLAW

NORTH JERSEY 40 PATERSON ST POEIOX 480 NSN BRUNSVIJlGK, NJ

SOUTH JERSEY 701 WLTSEV'S MILL RD SU1TE202 H,n,MMONTON, NJ

the submission of an ex parte Affidavit attesting to Plaintiffs failure to appear for said

examinations; and

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

Papers filed with the Court: (/ ) Answering Papers

( ) Reply Papers

The within Notice of Motion was: ( ) Opposed

('/) Unopposed ,,

J.S.C.


-://37D

03/o3/i7-..

Matthew V. Markos:an, Esq. Attorney I.D. No. 020592006

Harrington and Lombardi, LLP 508 Hamburg Turnpike, Suite 207 Wayne, NJ 07470 (973) 790-8900 Attorneys for Defendant, Jerry Zweben Our File No. KL-3391

BRAD CHOPPY,

Plaintiff,

V.

JERRY ZWEBEN, John Does 1-5 and ABC Corp. 1-5, said names being fictitious, and SELECTIVE INSURANCE: COMPANY,

Defendants.

FILED MAJ! 0 3 2017


SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. MID-L-1110-15

CIVIL ACTION

ORDER

THIS MATTER having been opened to the Court by Harrington and Lombardi,

LLP, attorneys for defendant, Jerry Zweben, and the Court having considered any and

all moving papers and any opposition thereto, and for good cause shown;

IT IS, ON THIS __ 3 ___ day of March, 2017;

ORDERED that leave is hereby granted in favor of defendant, Jerry Zweben, to

deposit the bodily injury policy limits of $100,000.00 into Court; and, it is further

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

within _f/_,___ day of its entry hereof. .~;::::7-

~~;;:::;~ __,,.~ Opposed

'25: Unopposed '


J.S.C.

MET-2421 SWEENEY & SHEEHAN Sentry Office Plaza, Suite 500 216 Haddon A venue Westmont, New Jersey 08108 (856) 869-5600 Telephone (856) 869-5605 Facsimile Elizabeth A. Weber, Esquire Attorney I.D. No.: 012662008

FILED


Attorne for Defendant, CLAUDIA J. GAMBOA-BASIDAS

JlJDG. VIICHAEL , TOTO

MARIA E. CRUZ, SUPERIOR COURT OF NEW JERSEY

7f {o?:lf

b3/63/i'

Plaintiff, LAW DIVISION-MIDDLESEX COUNTY V.

CLAUDIA J. GAMBOA-BASIDAS, JESUS G. PAEZ, NEW JERSEY MANUFACTURERS, JOHN DOE (1-lOO)(FICTITIOUS NAMES) and ABC COMPANIES (1-lOO)(FICTITIOUS NAMES),

Defendants.

DOCKET NO.: MID-L-10903-14

Civil Action

ORDER

THIS MATTER having been presented to the Court on the application of Sweeney &

Sheehan, attorneys for Defendant, Claudia J. Gamboa-Basidas, requesting an Order extending

discovery by sixty (60) days.

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

IT IS, on this J day of/V1A/tl~ , 2017, ORDERED that the Discovery End Date

in this matter be extended an additional sixty (60) days, or until May 4, 2017; and

IT IS FURTHER ORDERED that the following proposed dates should apply to the

discovery to be completed in this matter:

a. The Discovery End Date in this matter is extended until May 4, 2017.

b. All expert reports and curriculum vitae from the Plaintiff shall be served on or before April 4, 2017.

c. All expert reports and curriculum vitae from the defendants shall be served on or before May 4, 2017.

JT IS FURTHER ORDERED that a copy of this Order be served upon all counsel

within _!l__ days hereof.

( ) Opposed ({S Not Opposed

ORDERED THAT ARBITRATION

Sfl;\L. L B.E SC.HEDULE. D FOR ..JIJ4l.(, z o , ·-z \!) 1 :z

J.S.C.

MICHAEL A. TOTO. J.S.C.

FEIN, SUCH, KAHN & SHEPARD, P.C. Filing Attorney: Philip A. Kahn, Attorney ID:288551973 7 Centurv .Drive, Suite 201 Parslppa'ny, New Jersey 07054

FILED V~R O 3 ?[]17

JUDGE MICHAEL A. TOTO (973) 538-4700 Attorne For Plaintiff s

GACH OF NEW JERSEY, LLC

vs.

JESSIKA PINALES

Plaintiff

SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MIDDLESEX COUNTY

DOCKET NO: DJ-326209-10 DC-000373-10

Defendant CIVIL ACTION

TURN OVER ORDER

1f- / 33--..

o?c,,Jo?>/!T

The above matter being opened to the Court on motion by Fein, Such, Kahn, & Shepard, Esqs.,

attorneys for the plaintiff, and it appearing that the Notice of Motion for Turn Over Order was duly served upon

the defendant and TD Bank - Levy Department, and there being no opposition to the granting of the Order,

and good cause being shown;

IT IS on this 3 day of ftf.Mt/t- , 2017,

ORDERED that the above mentioned bank turn over to Fein, Such, Kahn & Shepard, P.C., Attorneys

for the plaintiff, the sum of $751.53 which money is due from TD Bank - Levy Department to the plaintiff and

which money was levied upon by Sheriff Morris County pursuant to the Writ of Execution issued in the above

matter.

C110251 O/C522/M218

A COPY OF THIS ORDER SHALL BE SERVFD ON ~ 1 I INTERESTED PARTIES WITHl~I-; u,w:; 0~ TH[ DAT!' HEREOF

,,,,,_ •. ~-·-···-

~/ J.S.C.

MICHAEL A. TOTO, J.S.C,

LAW OFFICES OF JOSEPH P. AMBROSIO 216 ERNSTON ROAD

FILED MAR O 3 2017


PARLIN, NEW JERSEY 08859 Telephone: (732) 721-6444 Fax:(732) 525-5833

Attorney For: Plaintiffs

DONNA CALOIA,

Plaintiffs, vs.

HOWELL TOWNSHIP, et als,

Defendant( s ).

SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY

Docket No. MID-L-607-16

CIVIL ACTION

ORDER TO EXTEND DISCOVERY

This matter having been brought before the Court on motion of Joseph P.

Ambrosio, Esq., attorney for the plaintiffs, for an Order to extend discovery, and the

Court having considered the matter and good cause appearing,

It is on this J day of MA~C If , 2017;

ORDERED that discovery in this matter be extended an additional 120 days to

July 14, 2017 to complete the following discovery:

(a) Depose the defendants by March 15, 2017;

(b) Obtain medical evaluation and report by May 15, 2017;

(c) Obtain liability expert report, if deemed appropriate and necessary

following depositions of defendants, by June 23, 2017; and

(d) Obtain economist expert report by June 23, 2017;

And it is further ORDERED that a true copy of this Order shall be served upon

all parties to this action within __ J,__ __ days of receipt hereof.

___ OPPOSED

__ /_ UNOPPOSED

ICHAEL A. TOTO, J.S.C.

J.S.C.

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

NORTH JERSEY 40PATERS0NST P0BOX480 NEW BRUNSW!CK, NJ

SOUTH JERSEY 701 \M.. TSEY'S Mlll RD SU1TE202 HAMMONTON, NJ

#75'-/

6Jj('CJ-/l=r FILED

Edward F. Ryan, Esq. (ID# 34412012) HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP 40 Paterson Street, PO Box 480

MARO 3 2017 JUDGE MICHAEL A. Toro New Brunswick, NJ 08903

(732) 545-4717 Attorne s for Defendants, Ashle M. Hann and Scott W. Hann

Plaintiffs,

ESTATE OF SANIT SUNGSUWAN, by and through SAOWALAK SUNGSUWAN, Administrator Ad Prosequendum, and individually in her own right

vs.

Defendants,

ASHLEY M. HANN, SCOTT W. HANN, MELISSA A. CORBETT and THOMAS J. CORBETT

SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY LAW DIVISION

DOCKET NO. MID-L-4803-15

CIVIL ACTION

ORDER

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

Moran, Dunst & Doukas, LLP, attorneys for Defendants Ashley M. Hann and Scott W. Hann, for

an Order dismissing Plaintiffs' Complaint for failure produce documents demanded by

Defendants Ashley M. Hann and Scott W. Hann, and the Court having reviewed the moving

papers and for good cause shown; ·71,.i\ . M.Afl:et-4-

IT IS ON THIS_ -:> _ day of Februal:y 2017,

ORDERED that Plaintiffs ESTATE OF SANIT SUNGSUWAN, by and through

SAOWALAK SUNGSUWAN, Administrator Ad Prosequendum, and individually in her own right's

Complaint be and is hereby dismissed without prejudice for failure to produce documents

demanded by Defendants Ashley M. Hann and Scott W. Hann in the September 29, 2016 Notice

to Produce; 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. ,,,-F"_ .. r~

... ,, .. /__. ----------- "'· , .. / ,/'/ /~/--) /

/~~_.r· /

,,,..-"" /

J.S.C. Papers filed with the Court: MICHAEL A. TOTO, J.S.C.

HOAGLAND, LONGO MORAN, Dlt<IST & OOUKAS,llP ATTORNEYS AT LAW

NORTH JERSEY 40 PATERSON ST PO B0X480 NEW BRUNSV\11C!(, NJ

SOUTH JERSEY 701 WLTSEY'S MILL RD SU1TE202 HAMMONTON, NJ

(" ) Answering Papers

( ) Reply Papers

The within Notice of Motion was:

( ) Opposed

C:t<'.) Unopposed

BRESSLER-DUYK LAW FIRM Marc J. Bressler, Esq. Attorney ID Number: 225221967 David S. Bressler, Esq. Attorney ID Number: 201191193 BRESSLER-DUYK LAW FIRM 60 State Highway 27 Edison, New Jersey 08820-3908 Tel: 7 32-4 94-8555 Fax: 732-494-9464 [email protected] Our file #28770 Attorney For Plaintiff(s) FIRST MERCURY INSURANCE COMPANY etc.

Plaintiff

vs.

STRIKE FORCE OF NEW JERSEY INC., a corp. using the registered fictitious name Strike Force Protective Services also Arel Investigative and Security Associates Inc.

Defendant (s).

FILED ~n 3 :"17


SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MIDDLESEX COUNTY

Docket Number: MID-L-00:Jf803 14 J-013043-15

CIVIL ACTION ·.

ORDER FOR TURN OVER OF BANK ACCOUNT

THIS MATTER being presented to the Court by Bressler~Duyk Law Firm, attorneys for plaintiff(s) on Notice of Motion for an Order directing ConnectOne to turn over to the Bressler~Duyk Law Firm in accord with his levy thereon funds of the defendant(s) in the sum of $850.88, said funds being in the possession of ConnectOne and it appearing that due and proper levy has been made by the said Sheriff in accord with his certification of levy annexed to the moving papers and it further appearing that due and proper service of the Notice of Motion and certification of levy of the said Officer ha& been made upon the defendant(s) and upon the said ConnectOne by certified and ordinary mail, return receipts requested, and no one having filed an objection to the entry of the Order sought, and good cause appearing,

It is on this 3 , 2017 ORDERED that the said ConnectOne shall turn over to the Bressler-Duyk Law Firm, in accord with his levy thereon, funds in the sum of $850.88 in its possession, same being the funds of the defendant ( s) STRIKE FORCE OF NEW JERSEY INC., a corp. using the registered fictitious name Strike Force Protective Services also Arel Investigative and

~-=~~ ~~--- ~ Security Associates Inc.

OPPOSED

P-UNOPPOSED

p527

A COPY Or iHlll tlRDER SHALL BE SERVED ON ALL INTERESTED PARTIES WITHIN 7 DAYS OF THE DATE HEREOF


J.S.C.

SOBELPEVZNER,LLC Bella I. Pevzner, Esq. Attorney ID # 039972004 Attorneys for Defendants B.S. OF WOODBRIDGE INC. t/a UNO CHICAGO GRILL and FRANK CURATOLO INDISUTRIES LLC t/a TILTED KILT

Fuu..eo MAR 03 2017

JUDGE: MICHAL:L A. Toro

30 Vesey Street, 8th Floor New York, NY I 0007

JUAN GONZALEZ, BRYANA MOLINA by SUPERIOR COURT OF NEW JERSEY her Guardian, Ad Litem SEIDY MOLINA, and LAW DIVISION: MIDDLESEX COUNTY SEIDY MOLINA Individually,

Plaintiffs, v.

HARDIK PATEL, CONOR O'BRIAN, B.S. OF WOODBRIDGE INC. t/a UNO CHICAGO GRILL; FRANK CURATOLO INDISUTRIES LLC, t/a TILTED KILT; GEICO, JOHN DOES 1-20 and ABC CORPS. 1-20,

Defendants.

DOCKET NO.: MID-L-7308-161(), 1 CIVIL ACTION d ORDER ADMITTING CURTIS SOBEL, ESQ. PROHACVICE

WHEREAS, this matter being opened to the court by Bella I. Pevzner, Esq., a New

Jersey attorney with the law firm of Sobel Pevzner, LLC, and the attorney of record for

defendants, B.S. OF WOODBRIDGE INC. t/a UNO CHICAGO GRILL and FRANK

CURATOLO INDISUTRIES LLC t/a TILTED KILT, to permit Curtis Sobel, Esq., an attorney

admitted to the practice of law in the State of New York, to be admitted Pro Hae Vice to

participate with other counsel for B.S. OF WOODBRIDGE INC. t/a UNO CHICAGO GRILL

and FRANK CURATOLO INDISUTRIES LLC t/a TILTED KILT in all phases of the trial, and

it appearing that Curtis Sobel, Esq. is a licensed attorney in good standing in the State of New

York and for other good cause shown, namely, Mr. Sobel has had an ongoing attorney-client

relationship with B.S. OF WOODBRIDGE INC. t/a UNO CHICAGO GRILL and FRANK

CURATOLO INDISUTRIES LLC t/a TILTED KILT for an extended period of time and, this

litigation involves a field of law in which he has specific expertise;

IT IS ORDERED, on this J day of March, 2017, that the Motion is granted and

Curtis Sobel, Esq. is admitted to practice Pro Hae Vice and is authorized to appear and

participate with other counsel for B.S. OF WOODBRIDGE INC. t/a UNO CHICAGO GRILL

and FRANK CURATOLO INDISUTRIES LLC t/a TILTED KILT, pursuant to R. 1 :21-2, for all

purposes and in all proceedings, subject to the following conditions:

I. Curtis Sobel, Esq., shall abide by the New Jersey Court Rules, including a 11

disciplinary Rules;

2. Curtis Sobel, Esq., shall, and hereby does, consent to the appointment of the

Clerk of the Supreme Court as an agent upon whom service of process may be made for all

actions against Curtis Sobel, Esq., or his law firm, Sobel Pevzner, LLC, that may arise out of

his participation in this case;

3. Curtis Sobel, Esq., shall notify the Court immediately of any matter affectinghis

standing at the bar of any jurisdiction; and

4. Curtis Sobel, Esq., shall have all pleadings, briefs, and other papers filed in this

Court signed by an attorney of record authorized to practice in New Jersey, employed by the

law firm of Sobel Pevzner, LLC who shall be responsible for them, the conduct of the

litigation and of Curtis Sobel, Esq.

IT IS FURTHER ORDERED that Bella I. Pevzner, Esq., shall make payment of all

fees due to the State of New Jersey within ten (10) days of the entry of the Pro Hae Vice

Order allowing for admission and as provided in the New Jersey Rules of Court, R. 1:20-l(b),

R. I :28- 2, and R. I :28 B-1 ( e) and submit an affidavit of compliance; and

IT IS FURTHER ORDERED that the Clerk of the Court shall forward a copy of this

Order to the Treasurer of the New Jersey Fund for Client Protection; and

2

IT IS FURTHER ORDERED that a copy of this Order shall be served by attorneys for

White Castle upon all parties within seven (7) days of the date hereof

/ J.S.C.

Opposed __ _ MICHAEL A. TOTO, J.S.C.

Unopposed .>:\

3

GARTENBERG HOWARD LLP

Attorneys for Plaintiffs Two University Plaza, Suite 400 Hackensack, New Jersey 07601 Peter A. Tabisz, Esq. Attorney ID No. 02706-2008 (201) 488-4644

-------------------------------------------------------------)( MONA GUZZO,

Plaintiff,

-against-

THE JOHNSON REHABILITATION INSTITUTE and division of JFK MEDICAL CENTER, JFK HEALTH SYSTEM, INC., KELSEY ALE)(ANDER, R.N., JACKIE CHIRICHELLA, R.N., PHYSICIANS 1-10, NURSES 1-19, and )(YZ CORP.,

Defendants.

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

Futeo MAR 03 2017

JUDGE MICHAf'L A SUPERIOR COURT OF NEW JERSEY Toro MIDDLESE)( COUNTY LAW DIVISION DOCKET NO. MID-L-6006-14

Civil Action

ORDER COMPELLING

PRODUCTION OF

PATIENT SAFETY REPORT AND

AWARDING EXPENSES AND

ATTORNEY'S FEES

THIS MATTER having been opened to the Court via Motion by Peter A. Tabisz,

Esq. ofGartenberg Howard, LLP, attorneys for plaintiff, seeking an Order pursuant to Rule 4:23-

1 compelling defendants to produce a patient safety report previously and repeatedly withheld by

them in discovery pursuant to a claim of privilege; the Court having reviewed the papers

submitted in support of the application, along with any opposition and oral argument; and for

good cause shown;

rt\ilRcl-(. IT IS on this----'--- day of 4.l'ebr~, 2017 hereby

ORDERED that defendants are hereby compelled to produce aml-ser"V~on-plaint,iff

the patient safety report, otherwise referred to as an incident report, pertaining to plaintiff Mona

Guzzo' s second fall at their facility on November 25, 2012, aleng-with-any-.otherpr6\4ously

7"f priyilege se,!f!Lrth_atN.J.S,A-.-2fi:2H:ct1:25(f), within ten ( 10) days of the entry of this Order; and it is

further

ORDERED-thati}laintiff-iS-hereeyawarded-r6llsonableexpenses and attorney',;·

fee&-ine11rredin-obtaining-this-Orde~-and-it-isfurther --

ORDE-RED1nl1Tplainftfrsliaffsubmit to1heCourt;withmforrrteen(1-zt)clays--of"

the-rooeipt--oHhis-Order;-~he-requisite--Affidavit-ofServicesll1ofig wilnan aJipfoprtare-separate-

ORDERED that a copy of this Order be served on all counsel within five (5) days

of its online posting.

Opposed

Not Opposed

-~--- ,J.S.C.


S:\H\Guzzo 4264.000\Pleadings\Motions\Motion to Compel Safety Report 2-17-17\Proposed Form ofOrder.docx

Allison A. Ki·illa, Esq. ID#: 024862010 WIDMAN, COONEY, WILSON, McGANN & FITTERER 1803 Highway 35 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.Nand JACKIE CHIRICHELLA, R.N

MONA GUZZO

Plaintiff,

vs.

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.

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION MIDDLESEX

Docket No.: MID-L-6006-14

Civil Action

ORDER GRANTING IMMUNITIES

THIS MATTER, having been opened to the Court upon application of Widman,

Cooney, Wilson, McGann & Fitterer, attorneys for defendants, JFK JOHNSON

REHABILITATION INSTIUTE, JFK MEDICAL CENTER, JFK HEALTH SYSTEM INC.,

KELSEY ALEXANDER, RN.and JACKIE CHIRICHELLA, R.N. for an ORDER to establish

entitlement to the immunities provided by N.J.S.A. 2A:53-7, et seq., specifically the $ 250,000

cap on jury verdicts for the JFK defendants, and the court having considered the matter; and for

good cause shown;

MMtV! IT IS, on this --~~,N~~~· __ day of fu~~1 , 2017,

ORDERED that the defendant, JFK JOHNSON REHABILITATION INSTIUTE, a

division of JFK MEDICAL CENTER, and JFK HEALTH SYSTEM INC. are entitled to the

statutory immunities provided pursuant to N.J.S.A. 2A:53A-7 et seq., including the$ 250,000.00 . 1 r:: {h{-:::Th,\1 (;,.05, :JO "jAo if ilj~&\ls<,v~

cap on Jury veroicT

ORDERED that plaintiffs Motion to Compel is hereby denied; and

ORDERED that plaintiffs application for fees and expenses is hereby denied; and

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

counsel of record within ___ days of the entry of same.

This Motion was:

__ x __ opposed

____ unopposed


J.S.C.

Donald M. Barone, Esq. Attorney ID: 007131985 GELFAND BARONE & MOONEY 343 Thornall Street - Suite 650 Edison, NJ 08837 Tel: (732) 548-0068 Fax: (877) 242-9832 email: Attorneys for Defendant, Robert C. McGowan

KA THERINE GRECCO Plaintiff

v.

ROBERT C. McGOWAN, XYZ COMP ANY(s) and/or RICHARD ROE(s) (said names being fictitious) RYAN G. MAINES, THE OFFICE, THE OFFICE BEER BAR AND GRILL, THE OFFICE BEER BAR AND GRILL (Westfield), THE JOLLY TROLLEY, THE OFFICE BEER BAR AND GRILL (Cranford), PETER TYLICZKA, ESTATE OF PETER TYLICZKA, GILBERTS. CRYSTAL, FRANCES S. CRYSTAL, TEXAS ROADHOUSE, CONNIE'S BAR GRILL & NIGHT CLUB, THE ALE HOUSE TAVERN AND TAP, JOHNNY'S LANDSCAPING CONTRACTORS, ABC COMP ANY(s), JANE DOE(s) and/or JOHN DOE(s) (said names being fictitious)

Defendants

FILED MARO 3 2017


SUPERIOR COURT OF NEW JERSEY LAW DIVISION : MIDDLESEX COUNTY DOCKET NO.: MID-L-8606-11

Civil Action

ORDER TO PERMIT DEPOSITION OF DEFENDANT, ROBERT C. McGOWAN

SHERI TYLICZKA, General Administrator SUPERIOR COURT OF NEW JERSEY and Administratrix ad Prosequendum of the LAW DIVISION : MIDDLESEX COUNTY ESTATE OF PETER TYLICZKA and SHERI DOCKET NO.: MID-L-3769-12 TYLICZKA, Individually

Plaintiffs v.

ROBERT C. McGOWAN, RY ANG. MAINES, THE JOLLEY TROLLEY BAR AND GRILL, THE OFFICE BEER BAR and GRILL (Cranford), THE OFFICE BEER BAR AND GRILL (Westfield), GILBERTS. CRYSTAL, FRANCES S. CRYSTAL, their agents, servants and/or employees, JOHN DOES #1-10, RICHARD ROE #1-10, ABC CORPS #1-10, their agents, servants, and/or employees (said names being fictitious as real names are nnknown)

Defendants

Civil Action

THIS MATTER having been opened to the Court upon motion of Dean S. Pashaian,

Esq., attorney for plaintiff, for an Order permitting the deposition of Robert C. McGowan, and

the Court having considered the matter and good cause appearing;

IT IS on this ,3 day of _._U~~----'--e_l+ _____ ,, 2011;

ORDERED that counsel from the following offices be permitted to enter the secure

facilities of Central Reception & Assignment Facility, 101 Sullivan Way, Trenton, New Jersey,

for the oppottunity to depose the defendant, Robert C. McGowan and bring with them their files,

pens and paper:

1. Rothenberg, Rubenstein Berliner & Shimod, LLC; 2. Haworth, Coleman & Gerstman, LLC; 3. Tompkins, McGuire, Wachenfled & Bany; 4. Donald M. Barone, Esq., of Gelfand Barone & Mooney; 5. Margolis Edelstein; 6. Gill & Chamas; 7. Cipriani & Werner; 8. Methfessel & Werbel; 9. Morrison Mahoney; 10. Barry McTieman & Wedinger; 11. Robert C. McGowan, Sr., Esq.

IT IS FURTHER ORDERED that a representative from the court reporting service,

Sentry Court Reporting, be pe1mitted to enter the secured facilities of Central Reception &

Assignment Facility, 101 Sullivan Way, Trenton, New Jersey, and bring with them at that time:

1. Canying case with steno machine; 2. Laptop; 3. Tripod; 4. Steno charger; 5. Deposition book; 6. Paper tray; 7. Paper 8. Pens.

IT IS FURTHER ORDERED that said deposition shall be scheduled by the New Jersey

Department of Corrections to take place for a date and time on or before April 15, 2017; and

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

of record and Central Reception & Assignment Facility, 101 Sullivan Way, Trenton, New Jersey,

or any other New Jersey Department of Corrections that this defendant has been transferred to

and upon all known counsel within seven (7) days of its receipt b

_j_ Opposed

Unopposed

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

LAW OFFICES

LUTZ, SHAFRANSKI, GORMAN & MAHONEY, P.A.

77 !.IVINGSTON AVENUE P.O. BOX 596

NEW BRUNSWICII. N.J. 08903

LUTZ, SHAFRANSKI, GORMAN and MAHONEY, P.A. 77 Livingston Avenue

FILE[))

M.1,R O 3 2017


P.O. Box 596 New Brunswick, New Jersey 08903 (732) 249-0444 Attorneys for Plaintiff(s) Attorney Bar#: 024551983

Plaintiff(s)

ANN GIACOMOZZI,

vs.

Defendant(s)

RADIA CHOUBANI.

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNT


CIVIL ACTION

ORDER

This matter having been brought before the Court on motion

of John R. Gorman, Esquire, for Lutz, Shafranski, Gorman &

Mahoney, P.A., attorneys for plaintiff Ann Giacomazzi, for an

Order perrni tting the filing of an Amended Complaint, and the

Court having considered the matter and good cause appearing;

IT IS on this _3 day of vt,(A~ ff , 2017;

ORDERED that plaintiff be and is hereby permitted to file

and serve an Amended Complaint to include a count for

underinsured motorists benefits against Travelers Property

Casualty Insurance Company; and it is further

ORDERED that a copy of this Order be appended to the Amended

Complaint served upon Travelers Property Casualty Insurance

Company; and it is further

LAW OFFICES

LUTZ, SHAFRANSKI, GORMAN & MAHONEY, P.A.

77 LIVINGSTON AVENUE P.O. BOX 596

NfW BRUNSWICK, N.,J. 08903

ORDERED that a copy of the within Order shall be served

upon all counsel within seven days from the date hereof.

Papers filed with the Court:

J, ( )

Answering papers Reply papers

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 an discovery in this case

shall end on Aug' ,2\,, 20 I1._ unless further extends by court order.

J.S.C.


Opposed_~Unopposecl A

tt79g o3/o?, /tY

Joel S. Schneck, Esquire - 034871998 SCHACHTER PORTNOY, L.L.C.

FILED MAR 03 2017


Attorneys At Law 3490 U.S. Route 1 Suite 6 Princeton, New Jersey 08540 (609)514-0999 Attorneys for Plaintiff

HIGH POINT INSURANCE A/S/0 PEDRO BAEZ AND FRANKLIN E. JER

Plaintiff,

vs.

TARYN NEY, ABC INSURANCE CO. (1-10), XYZ CORP. (1-10), and JOHN DOE ( 1-10)

Defendant.

SUPERIOR COURT OF NEW JERSEY LAW DIVISION - MIDDLESEX COUNTY

Docket No.: L-004008-13

Civil Action

ORDER REINSTATING COMPLAINT

THIS MATTER being opened to the Court by SCHACHTER PORTNOY,

L.L.C., Attorneys for the Plaintiff, HIGH POINT INSURANCE A/S/0

PEDRO BAEZ AND FRANKLIN E. JER , on Motion to Reinstate the

Complaint and on notice to Defendant, TARYN NEY, ABC INSURANCE

CO. (1-10), XYZ CORP. (1-10), and JOHN DOE(l-10) , prose; and

the Court having considered Plaintiff's Certification and any

opposition thereto, and for good cause shown;

IT IS on this .3 day of A{~+ ORDERED that the previous Order of Dismissal is v31C4d, and

the Complaint in the above-captioned y re· ,rGJtated.

A COPY OF THIS ORDE:R SHALL BE SERVED ON Al! INTERESTED PARTIES WITHIN T DAYS OF THE DATE HEREOF MICHAEL A. TOTO, J.S.C.

J.S.C.

FILED MAR 03 2017


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# N48060A 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

JAYESH KANUGA MD

vs.

SHAHIDA NAWAZ MOHAMMAD NAWAZ

Plaintiff

Defendants

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX County DOCKET NO. DJ-061307-09 ~ A a ,j CIVIL ACTION ':Cf( / I 7

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

It is on the J day of /!1Af<.C, (1 adjudged:

subpoena;

2017 I ORDERED and

1) Defendant(s) SHAHIDA NAWAZ has violated plaintiff's rights as a

litigant;

2) Defendant(s) SHAHIDA NAWAZ shall immediately furnish answers as

required by the information subpoena;

3) If defendant(s) SHAHIDA NAWAZ 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

motion in

shall pay plaintiff's attorney

the amount of $ To~ ckTo-,-,.2,

PROOF OF SERVICE

fees in connection with this


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

Defendant(s) SHAHIDA NAWAZ by sending it simultaneously by regular and

certified mail, return receipt requested to: 22 MATTHEW AVE APT A42

CARTERET, NJ 070082829

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: __________ _

ADAM L. ROTHENBERG# 031841993 LEVINSON AXELROD, P.A. Levinson Plaza 2 Lincoln Highway, P.O. Box 2905 Edison, NJ 08818-2905 (732) 494-2727 Attorneys for Plaintiffs

CRAIG KRUEGER and CRESILDA KRUEGER,

Plaintiff(s), vs.

JOSE F. LLAGUNO-CAMACHO, NEW YORK PRODUCE, INC., RYDER TRUCK RENTAL and/or JOHN DOES #1-10,

Defendants

FILED MARO 3 2017


SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY DOCKET NO.: MID-L-6202-15

CIVIL ACTION

ORDER TO STRIKE ANSWER AND

DEFENSES

The above captioned matter, having been opened to the court by

Levinson Axelrod, P.A., attorneys for the plaintiff and for good and sufficient

cause shown;

It is, on this =-1-_day of~b{ , 2017

ORDERED, that the plaintiffs motion to strike the Answer and suppress

the defenses of defendant, Jose F. Llaguno-Camacho and New York Produce,

Inc., for the defendants' failure to provide more specific answers to interrogatories

is hereby ~d; and it is further;

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

counsel of record within !}___ days from the date h,ce,r~e<IJJ..=

PAPERS CONSIDERED: '( Moving Papers _ Responding Papers

Other

Opposed Unopposed-3-. -

J.S.C.


DELANY McBRIDE, P.C. BY: Kristen L. Worley, Esquire

Stephen T. Kulp, Esquire 36 Euclid Street Woodbury, NJ 08096 Phone: (856) 202-8100 Fax: (856) 384-5957

JULIA LOCKETT-CHILES and MASSENIA CHILES,

FILED MARO 3 2017


Attorneys for Defendant, Magdy W Habib

SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY

PLAINTIFFS, DOCKET NO.: MID-L-3509-15

CIVIL ACTION

V.

MAGDY W. HABIB, WAUDYS TAXI, LLC., TAREK F. HASSIEB and TOYOTA LEASE TRUST

DEFENDANTS.

ORDER

THIS MATTER having come before the Court upon the Motion of Stephen T. Kulp,

Esquire, of Delany McBride, P.C., counsel for Defendant, Magdy W Habib, and the Court having

considered the moving papers of Defendant and any response thereto, and for GOOD CAUSE

SHOWN:

IT IS on this 3 day of 1ijjlt/l, 2017, hereby, ORDERED and DECREED

tharl'laintiffs Complaint is DISMISSED, without preji:ctice. JJo-..0 IT IS FURTHER ORDERED that all claims a11,ainst Moving Defendant, Atklf!dy ... W

. • }xN~_;) Habib, are hereby d1sm1ssed, without pr,ajudlce.

IN THE ALTERNATIVE, it is on this ___;_·3 ___ day of ;{;(}/k tf , 2017, hereby

ORDERED and DECREED that this action, in its entirety, is STAYED until Plaintiff, Julia I £'

• • • ,, -;- 6 .J~({; evM: f'-I/ 1 ·,,i1,1J<-<-'<I( ' Lockett-Chiles, IS released from pnson.oR. /VI l r d ys V\ ,,

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

within seven (7) days of the date hereof.

, J.S.C.

[~pposed

MICHAEL A TOTO, J.S.C.

[ I Unopposed

Peter G. Goodman, Esq. Attorney ID No. 2967-1985 SMITH, GAMBRELL & RUSSELL, LLP 1301 Avenue of the Americas, 21'' Floor New York, New York 10019 (212) 907-9700 Attorneys for Plaintiff, Modis, Inc.

MODIS, INC., Plaintiff,

V.

PAUL LUBIAK, Defendant.

PAUL LUBIAK, individually and on behalf of all those similarly situated,

Defendant-Counterclaim Plaintiff,

v.

MOD IS, INC., a Florida Corporation,

Plaintiff-Counterclaim Defendant.

PAUL LUBIAK, individually and on behalf of all those similarly situated,

Defendant-Third Party Plaintiff,

v.

JOHN AND JANE DOES #1-40, fictitiously named officers, managers, directors, partners, agents, employees, and/or servants of Modis, Inc. with supervisory authority over Paul Lubiak, the Collective Action Plaintiffs, and the Class Action Plaintiffs responsible, in part or in whole, for Defendant Modis Inc.'s failure to pay Lubiak, the Collective Action Plaintiffs, and the Class Action

FILED MARO 3 2017


SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MERCER COUNTY


Civil Action

[PROPOSED] ORDER

SGR/14886887.1

Plaintiffs at least 1.5 times his hourly rate of pay for all hours in excess of forty hours that Paul Lubiak, the Collective Action Plaintiffs, and the Class Action Plaintiffs worked per work week,

Plaintiff-Third Pmty Defendant.

THIS MATTER having come before the Court by Smith, Gambrell & Russell, LLP,

attorneys for plaintiff, Modis, Inc. ("Plaintiff'), for an Order (i) approving the parties' settlement

of this action and the Settlement Agreement and Full and Final Release of Claims, dated January

31, 2017 ("Settlement Agreement"); and (ii) dismissing this action with prejudice, and the

defendant, Paul Lubiak, having consented to and joined in the motion; and the Court having

considered the papers submitted by the parties in supp01t of the motion, and for good cause

having been shown:

IT IS on this 3 day of March, 2017:

ORDERED that Plaintiffs motion is hereby GRANTED, and the settlement of this

action and the Settlement Agreement is hereby approved; and

IT IS FURTHER ORDERED that this action is dismissed with prejudice; and

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

record and all pro se parties within seven (7) days of the date hereof.

The within Motion was:

( ) Opposed

clunopposed

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

SGR/14886887. 1

Peter K. Barber, Esq. - NJ ID No. 039851983 DALY, LAMASTRA, CUNNINGHAM, KIRMSER & SKINNER 202A Hall's Mill Road PO Box 1675 Whitehouse Station, NJ 08889-1675 (908) 572-3600 Attorneys for Defendants

A. Castaneda-Menchaca, Kessler Industries Inc. and Salem Truck Leasing, Inc.

FILED


EVANGELINA NILA and JOE NILA, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY

Plaintiffs, DOCKETNO.: MID-L-7405-15

v. CIVIL ACTION

A. CASTANEDA-MENCHACA, SALEM ORDER EXTENDING DISCOVERY TRUCK LEASING, INC., KESSLER INDUSTRIES, INC. STATE FARM INSURANCE COMPANY, JOHN DOE 1-10, and ABC CORP. 1-10 (said names being fictitious designations),

Defendants.

THIS MATTER having come before the court upon the motion of Daly, Lamastra,

Cunningham, Kirmser & Skinner (Peter K. Barber, appearing), attorneys for the defendants A.

Castaneda-Menchaca, Kessler Industries Inc. and Salem Truck Leasing, Inc., for an Order

extending discovery; the Court having reviewed the papers submitted in support thereof and in

opposition thereto, as well as the arguments of counsel; and for good cause shown;

IT IS on this 3 day of MMe { f' , 2017,

ORDERED that the discovery end date be, and is hereby extended for a period of JgQ__

days; and it is further

ORDERED that the new discovery end date is \J\{l~ C1. 701'1 ; and it is

further

ORDERED that during the extended discovery period, the following discovery will take

place:

and it is further

a. Obtain medical, employment and driving records by April 10, 2017;

b. Provide expert reports no later than May 9, 2017;

c. Other discovery permitted by the Rules of Court no later than May 9, 2017.

ORDERED that a copy of this Order be served upon all counsel within _J__ days of the

date hereof.

Answering papers have been,(/ ) __.,?· 0 J S CJ.S.C.

MICHAEL A. TOT , . . .

have not been ( ) filed by ___________ ~

Reply papers have been ( ) have not been ( ) filed by moving party _____________ _

Opposed~ unopposed~

CHARLES D. WHELAN III, ESQ. ID #:021891981 114 Bayard Street New Brunswick, NJ 08901 (732) 214-0300 Attorney for Plaintiff

NITYA SOFTWARE SOLUTIONS INC.,

Plaintiff,

-against-

T2M CONSULTING SERVICES INC.,

Defendants.

FILED M~fl O 3 2017


tro33

o3/o3/t

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION: MIDDLESEX COUNTY


CIVIL ACTION ORDER

This matter being opened to the Court by Charles D. Whelan III 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;

It is on this 3 day of

ORDERED and adjudged:

1. Defendant, T2M CONSULTING SERVICES INC., has violated plaintiff's rights as a litigant;

2. Defendant, T2M CONSULTING SERVICES INC., shall immediately furnish answers as required by the information subpoena;

3. If Defendant, T2M CONSULTING SERVICES INC., fails to comply with the information subpoena within ten (10) days of the certified date of personal service or mailing of this order, a warrant for the arrest of Venkat Kadiyala, CEO ~l issue out of this Court without further notice;

4.

IVA--( Defendant, T2M CONSULTING SERVICES plaintiff's attorney fees in connection in the amount of $137.50.

Opposed_~Unopposed i.

INC., shall pay with this motion,

Law Offices of Styliades and Jackson BY.· Sean D. Castio, Esq. Identification No: 042961995 9000 Mtdlantic Drive Suite 105 - First Floor Mount Laurel, NJ 08054 856-596-7778

FILED MAR n 3 2or1

· llJDGE MICHAE~ A TOTO

Attorneys for Defendants, Elmer Melgar and Miller Auto Leasing Co. File No.: 23059122003

RUTH RODRIGUEZ,

PLAINTIFF,

vs

ELMER MELGAR, an individual; MILLER AUTO LEASING, LLC, an entity;JOHN DOES (1-5), fictitiously named individuals, ABC COS (1-5), fictitiously named business entities,

DEFENDANTS.

SUPERIOR COURT OF NEW JERSEY. LAW DIVISION: MIDDLESEX COUNTY DOCKET NO.: MID-L-906-16

CIVIL ACTION

ORDER TO EXTEND DISCOVERY

The above matter having been brought before the Court upon motion, with consent of all

parties, by the Law Offices of Styliades and Jackson, Sean D. Cascio, attorney for Defendants,

Elmer Melgar and Miller Auto Leasing Co., for an Order to Extend Discovery and the court having

considered the motion papers filed by the parties, and good cause thus having been shown, it is, on

this _:3 day of----'--M-"---'~'---'--'--------''----'-N--------, 2017;

ORDERED, that discovery be extended sixty (60) days or until May 12, 2017; and

IT IS FURTHER ORDERED that the parties are to complete all discovery listed below:

1. Depositions of all parties to be completed by March 31, 2017;

2. Any additional discovery is to be served by April 22, 2017, per Rule 4:17-7;

IT IS FURTHER ORDERED, that a copy of this Order be setved upon all counsel of

record within seven (7) days of receipt.

~-~) __ _

Opposed Unopposed 7

;fi!CHAEL A TOTO, J.S.C. J.S.C.

/

STATHIS & LEONARDIS LLC John S. Sawicki, Esq., Attorney ID #015781986 32 South Main Street Edison NJ 08837-3452 (732) 494-0600; Fax (732) 494-0206 File: 15-3454JSS Attorneys for Plaintiff

FILED (v\A;\ 0 3 20'

· JGE MICHAEL A. TOTO

RUTH RODRIGUEZ, an individual SUPERIOR COURT OF NEW JERSEY

#72!--f

o3Jo3/ IT

LAW DIVISION - MIDDLESEX COUNTY Plaintiff, DOCKET NO.: MID-L-906-16

V.

ELMER MELGAR, an individual; MILLER AUTO LEASING, LLC, an entity; JOHN DOES (1-5), fictitiously named individuals; and ABC COS (1-5), fictitiously named business entities,

Defendants.

Civil Action

ORDER

THIS MATTER having been opened to the Court on Motion of John S. Sawicki, Esq.,

attorney for the Plaintiff, Ruth Rodriguez, for an Order extending the discovery period in the within

matter, and the Court having read and considered the moving papers and opposition, if any, and for

good cause appearing;

IT IS on this 3 day of /U ~ ff , 2017;

ORDERED that the discovery period is hereby extended to June 12, 2017; and it is further

ORDERED that the depositions of all parties be completed within forty-five days of the date

hereof; and it is further

ORDERED that plaintiff shall attend defense medical examination(s) on or before May 15,

2017; and it is further

ORDERED that final medical expett reports on behalf of plaintiff shall be served on or before

May 15, 2017; and it is further

ORDERED that final medical expett reports on behalf of defendants shall be served on or

ORDERED that any other discovery not addressed in the within order shall be conducted in

accordance with the Rules of Court or as counsel may agree in writing; and it is further

ORDERED that written discovery agreements between counsel shall be enforceable

regardless of the discovery end date; but no such agreements shall operate to delay any court

scheduled events, such as, but not limited to, the discove1y end date, arbitration, settlement

conferences or trial; and it is further,

ORDERED that a copy of the within Order be served on my adversaries within l days of

the date hereof.

Opposed ( ) . / Unopposed (I)

J.S.C.


RABB HAMILL, P.A. 284 AMBOY A VENUE WOODBRIDGE, NEW JERSEY 07095 (732) 636-9291 ATTORNEY FOR PLAINTIFF

AROLD RICHARD,

Plaintiff,

-vs-

FRANK CIAMPI, CS TRAILER RENTAL, ET.AL.,

Defendants.

SUPERIOR COURT OF NEW JERSEY LAW DMSION - MIDDLESEX COUNTY DOCKET NO: MID-L-11511-14

Civil Action

ORDER

THIS MATTER, having come before the Court on the application of Rabb Hamill,

P.A., attorneys for plaintiff for an Order entering default against the defendants, FRANK

CIAMPI AND CS TRAILER RENTAL, and the Court having considered the moving

papers submitted in support thereof, and in opposition thereto and good cause having been

shown;

IT IS on this :3 day of !f1JII.J N , 2017;

ORDERED that default be and hereby is entered against the defendants, FRANK

CIAMPI AND CS TRAILER RENTAL, for failure to Answer or otherwise plead within

the time provided by Court Rules; and it is;

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

_J__days of the date hereof.

PAPERS CONSIDERED: ~ NOTICE OF MOTION ~ SUPPORTING AFFIDAVIT

OPPOSING AFFIDAVIT OTHER


Opposed __ _ Unopposed~

MA YO & RUSS, P.A. 743 Highway 18 East Brunswick, New Jersey 08816 (732) 613-3100 Attorney for Plaintiff

ANIS RAMIREZ, individually and

As guardian as !item for EILEEN RAMIREZ Plaintiff, vs.

JOHN/JANE DOE PHATOM DRIVER ALEXIS A.HILL. VONDELLA E. CAMPBELL, REGINA YUSUPOV, ROBERT WAGNER, PA TRICIA M. HECKEL, FELIX R. RAMIREZ, GOVERNMENT EMPLOYEES INSURANCE COMP ANY d/b/a GEICO JOE/JANE DOES 1-20 (fictitious names representing unknown persons); ABC CORPS. 1-20 (fictitious names Representing unknown entities);

Defendants.

FILED MARO 3 2017


SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY, LAW DIVISION

DOCKET NO.:MID-L-30014 CIVIL ACTION

ORDER TO ENTER DEFAULT AGAINST DEFENDANT FOR FAILURE TO FILE AN ANSWER

THIS MATTER having come before the Court for hearing upon the application of

A.Todd Mayo, Esq., of the law firm of Mayo& Russ, P.A., attorney for the Plaintiff, and the

Comi having considered the Ce1iification of Counsel and good cause having been shown:

IT IS on this --3~_ day of ,1tAiQ.e (:{ , 2017

f[3(pD

o3Jo3/ Jr

ORDERED to Enter Default against the Defendant for their failure to answer the Claim

Petition.

ORDERED, that a copy of this Order be served upon all parties within ten (10) days of

the'date hereof.

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

Opposed __ _ Unopposed }(

JOHN A. CAMASSA, ESQ., #025361989 CAMASSA LAW FIRM, P.C. 1800 Route 34 Building 3, Suite 303 Wall, New Jersey 07719 (732) 749-3313

FILED

~'Os ?011

JlJDaEMIOHAa_ A. roro

Attorney for Defendant Intervenor/Third Patiy Plaintiff, NJM Our File: 1 C. 7399J

PETER RENNA, JR. Plaintiff(s),

v.

ALRED R. WOOD and CELIA E. ISRAEL, NEW JERSEY MANUFACTURERS INSURANCE COMPANY, NEW JERSEY TURNPIKE AUTHORITY and CHARTIS d/b/a NATIONAL UNION INSURANCE COMPANY OF PITTSBURGH, P.A.

Defendant( s)

NEW JERSEY MANUFACTURERS INSURANCE COMPANY

Third Party Plaintiff(s),

v.

NEW JERSEY TURNPIKE AUTHORITY

Third Pa,ty Defendant(s),


Docket No: MID-L-507-15

Civil Action

ORDER ADJOURNING ARBITRATION, ADJOURNING TRIAL, EXTENDING DISCOVERY AND COMPELLING DISCOVERY

This matter having been opened to the Comi by counsel for defendant Intervenor/Third

Party Plaintiff, New Jersey Manufacturers Insurance Company, prior to proceeding to arbitration

for an extension of the discovery period and exceptional circumstances having been found, n ; I

It is on this 2-__ day of i!\10 AJ \ 1" , 2017, ORDERED as follows:

1. The scheduled date of March 22, 2017 for arbitration is adjourned,+<, \V\o..y 2. 1 Q_,o(]'

2. The scheduled date of May 22, 2017 for trial is/adjourned +., J l\.~ IO, 20 ( 7,

(+f/1.J I Je-,1 0 3. The time for completion of discovery be and is hereby extended to fone~~.2-017.

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

Item

A. Defendant, New Jersey Turnpike Authority to provide a copy of plaintiffs wage and employment records by

B. Depositions to be completed by },!10~ ·-\ls b(._ 1....d ~ . ..J N(: . .....J 00-tt~ ( ~

Completion Date

Mar{)h~~r:Wl7 K'Jo/v,,_,)

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

UNOPPOSED

,.,-"":·;) .//

/// .... -· ... / /,..' ,,.,/~ ,•" , .. /

.., /

J.S.C.

CHRISTOPHER M. BRADY, ESQ., #032922009 CAMASSA LAW FIRM, P.C. 1800 Route 34 Building 3, Suite 303 Wall, New Jersey 07719 (732) 749-3313

FILED MAR09 2017

JIJl)GE MICtlAEL A. TOTO

Attorney for Defendant Intervenor/Third Party Plaintiff, NJM Our File: 1C.7399J

PETER RENNA, JR. Plaintiff(s),

v.

ALRED R. WOOD and CELIA E. ISRAEL, NEW JERSEY MANUFACTURERS INSURANCE COMPANY, NEW JERSEY TURNPIKE AUTHORITY and CHARTIS d/b/a NATIONAL UNION INSURANCE COMPANY OF PITTSBURGH, P.A.

Defendant(s)

NEW JERSEY MANUFACTURERS INSURANCE COMPANY

Third Party Plaintiff(s),

v.

NEW JERSEY TURNPIKE AUTHORITY

Third Party Defendant(s),



Civil Action

ORDER

THIS MATTER, having been opened to the Court by the Camassa Law Finn, P.C., and the

Comi having reviewed the moving papers and the opposition, if any, and for good cause shown,

It is this~ day of ~Yl~1-J_,__',__Pc~..-,+{_,__,__ ___ ,, 2017

QRDEREDtltat--theAnswei•of4efendant,-Chartisd/b-/lrNatioiiaTUi1I6n Insui:a11Ce·co111pan y of

P ittshmgh,PA,isstrickernmiidefeiise:<niupp1'ess-edfoi'Tai1 ui'eT6 appearfor deposition inN ew Jersey

puH,WHt--to--Rule-4:23-2andRule4s23-4;anditisfi.rfi11er E

0 RD-ERW-thatno-witnessmaytestifyo11behalfof defendant, Chartis d/b/a National Uni on

Insuranc_e Company of Pittsburgh; PA;atthetimeofarbitration, trial or any coverage hearings; and it

isfurther \)"~~ -J7

ORDliRED_thaLc_ounseLis. awarded .. fees and costs and therefore counsel for defendant NJM

shall su1mrit-to-this-CourtaCe1iification setting forth the fees and costs associatt!d with the filing of

this-motion

ORDERED that a copy of this Order be served within seven (7) days ofreceipt of the executed

Order of the Cami.

X Opposed

_Unopposed

MilCHAEL A TOTO, J.S.C.

J.S.C.

Jeffrey A. Savage, Esq. AIN 032581986 CASIO & CAPOTORTO Morris Corporate Center I 300 Interpace Parkway, Atrium B/C Parsippany, New Jersey 07054 Phone: 973-541-6300 File No.: 432920 Attorneys for Defendant: Daimler Trust

VIOLETA SCIUKAITE and ANATOLIJU SCIUKAITE, her husband, and AURELIJA SCIUKAITE

Plaintiff(s), vs.

L YMARIE CRUZ, DAIMLER TRUST, JOHN DOE I-X (said names being fictitious, true names presently unknown); ABC CORP I-X (said names being fictitious, true names presently unkown); and DEF EMPLOYER I-X (said names being fictitious, true names presently unknown),

Defendant( s)

'fl-1s I

tKJ:, /b3 /I}--

FILED MA/IO 3 2017


SUPERIOR COURT OF NEW JERSEY LAW DIVISION - MIDDLESEX COUNTY DOCKETNO: MID-L-3304-16

CIVIL ACTION

ORDER

This matter having been brought before the Cami on Motion of Cascio & Capotorto,

attorney for defendant, Daimler Trust, by Jeffrey A. Savage, Esq. for an Order granting

Summary Judgment to said defendant, Daimler Trust dismissing the Plaintiffs' Complaint and all

Crossclaims with prejudice against the defendant, Daimler Trust and the Court having

considered the matter and good cause appearing,

It is on thi~ day of f{IAfJ.fA{ , 2017;

ORDERED that the motion of the defendant, Daimler Trust be and is hereby granted; and

it is further

ORDERED that Summary Judgment be and is entered on behalf of defendant, Daimler

Trust dismissing the Complaint and any crossclaims against the defendant, Daimler Trust; and it

is fmiher

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

_?_days of the date of execution of the within Order.

__ Opposed __'>(:_ Unopposed

MICHAEL A TOTO, J.S.C.

J.S.C.

BY ORDER OF THE COURT State ofNew Jersey,

Robert Steele

Plaintiff(s), V.

Triple C Housing, Inc., et al

Defendant(s).

SUPERIOR COURT OF NEW JERSEY COUNTY OF MIDDLESEX LAW DIVISION

CIVIL ACTION

Docket No. MID- L-3201-15

ORDER

FILED ~.Vt O 3 ?017


THIS MATTER having been submitted to the Court by Law Offices of Stephen E. Gertler,

attorney for defendant, Triple C Housing, Inc., on Motion for Summary Judgment; and the Court

having considered the moving papers, pursuant to R. 1 :6-2, and good cause having been shown;

ITISONTHIS ~ DAYOFMARCH,2017,

ORDERED that the Motion for Summary Judgment is hereby DENIED for the reasons set

forth in the attached memorandum; and it is further

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

seven (7) days of its entry.

Opposed_..?.!;: __ Unopposed, __ Hon. Michael A. Toto, J.S.C.

BY ORDER OF THE COURT State ofNew Jersey,

Robe1t Steele

Plaintiff(s), v.

Triple C Housing, et al

Defendant( s ).

I. Facts


CIVIL ACTION

. Docket No. MID-L-3201-15

Decision on Motion for Summary Jndgment

FILED MARO 3 2017

,JUDGE MICHAEL A. TOTO

The Defendant, Triple C Housing Inc. ("Triple C") moves for summary judgment in

connection with Plaintiff Robert Steele's ("Steele") Complaint, which alleges personal injury

claims that Mr. Steele allegedly sustained out of fall on March 23, 2014. Plaintiff alleges that his

injuries occurred as he was going down a stairwell and his sweatshirt sleeve caught the railing,

causing him to fall. The alleged injuries occurred on premises owned by Triple C, a non-profit

corporation that provides housing and suppo1t to individuals with mental illnesses.

II. Analysis

Defendant Triple C asserts that its motion for summary judgment should be granted for

three reasons. First, Triple C is a non-profit entity organized for a charitable purpose and entitled

to immunity under the Charitable Immunity Act, N.J.S.A. 2A: 53A-7. Second, Defendant asserts

that the Court should employ the rules of statutory construction to define "gross negligence" as

the equivalent to "willful and wanton misconduct," and as a result, the immunity afforded by the

Charitable Immunity Act can only be pierced by a willful or wanton disregard of safety. Third,

1

Defendant argues that Plaintiffs expeti, Craig L. Moskowitz, MBA, MS, PE ("Moskowitz"),

provides only a net opinion because the 2009 International Building Code is not retroactively

applied. Defendant also asse1is that Mr. Moskowitz's opinion regarding the height of the stair

risers and illumination of the staircase is irrelevant because Plaintiff in this case did not allege

that he tripped as a result of a stairway defect, but because Plaintiff caught his sleeve on a

handrail.

In opposition, Plaintiff asserts Defendant is not immune from liability because

Defendant's status as a non-profit and the corporation's purpose does not amount to

chm-itableness. Rather, Defendant's source of funds is a critical factor indicating that Defendant

is not organized exclusively for charitable purposes. Specifically, Plaintiff asse1is that Defendant

is not supported by charitable contributions, but rather funded by the state, county and municipal

grants.

Oral argument was held on Friday, March 3, 2017, in which Defendant Triple C

withdrew its Charitable Immunity and negligence claim. The only issue before this Comi is

whether Plaintiffs expert, Mr. Moskowitz, provided a net opinion.

Qualified expert testimony is admissible to assist the trier of fact. However, there must be

a factual and scientific basis for an expert's opinion. Townsend v. Piense, 221 N.J. 36, 55 (N.J. ·

2015); Bahrle v. Exxon Corp., 279 N.J. Super. 5, 30 (App. Div. 1995); Rubanick v. Witco

Chemical Corp., 242 N.J. Super. 36, 45(App. Div. 1990), modified on other grounds, 125 N.J.

421 (1991). An opinion lacking in foundation is wo1ihless. Stanley Co. of America v. Hercules

Powder Co., 16 N.J. 295,305 (1954). When an expeti's opinion is merely a bare conclusion

2

unsupported by factual evidence, i.e., a "net opinion," it is inadmissible. In re Yaccarino, 117

N.J. 175, 196 (1989); Buckelew v. Grossbard, 87 N.J. 512, 524 (1981). In essence, the net

opinion rule requires an expert witness to give the why and wherefore of his expert opinion, not

just a mere conclusion. Townsend 221 N.J. at 54; see also Jimenez v. GNOC, Corp., 286 N.J.

Super. 533, 540 (App. Div.), certif. denied, 145 N.J. 374 (1996).

Here, Mr. Moskowitz opined that: (a) Defendant was negligent in several construction

issues including maintaining proper illumination of the stai1way, stair riser height and proper

handrail extension; and (b) Defendant's negligence was a proximate cause of Plaintiff's injuries.

This Court finds that Mr. Moskowitz's report is not a net opinion because it was adequately

supported by factual evidence based on an inspection of the property, and research of the

building and the applicable building codes. Accordingly, Defendant's motion for summary

judgment is DENIED.

III. Conclusion

For the foregoing reasons, Defendant's motion for summary judgment is DENIED.

3

JOHN A. CAMASSA, ESQ., #025361989 CAMASSA LAW FIRM, P.C. 1800 Route 34 Building 3, Suite 303 Wall, New Jersey 07719 (732) 749-3313 Attorney for Defendant, Patricia L. Kalman Our File: 1 C. 7486J

DAWN M. SANGIOVANNI and RHODA L. CULBERTSON,

Plaintiff(s),

v.

PATRICIA L. KALMAN and JOHN DOE 1-5 ( fictitious names),

Defendant(s),

FILED MAR.03 2017

JUDGE MICHAEi. A. TOTO

#/f!o

D3/o3//r



Civil Action

ORDER DISMISSING PLAINTIFF, DAWN SANGIOVANNI'S COMPLAINT FOR FAIL URE TO APPEAR AT DENTAL EXAMINATION, PAY THE NO SHOW FEE OR FOR THE ALTERNATIVE RELIEF

THIS MATTER, having been open to the Court by Camassa Law Firm, P.C., and the

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

It is this _J day of /l'\Ml-l ~ , 2017

ORDERED that the Complaim ol plamtm, Dawn Sm,giovmmi, slmnld be !!flt! is.hereby

dismissed, for failure of the plaintiff to appear atthe January 3, 2017 dental examination with-Dr.

Philip Gernn; and 1t ,s m the al!ernative

ORDERED that the Plaintiff, Dawn Sangiovanni be Compelled to undergo a dental

examination with Dr. Philip Geron on March 13, 2017, at 2:00 P.M.; and it is further

ORDERED that plaintiff is compelled to pay the $150.00 missed appointment fee

directly to Dr. Geron within fifteen (15) days of the date of this Order; and it is further

ORDERED that a copy of this Order be served within seven (7) days of receipt of the

executed Order of the Court.

__ Opposed

_)s__ Unopposed MICHAEL A. TOTO, J.S.C.

Jae H.,cho, Esq. Attorney ID No.: 023372004 CHO LEGAL GROUP, LLC 100 Plainfield Ave., Ste SE Edison, NJ 08817 (732) 545-9600- phone (609) 613-5611- fax Attorne for TSM Brands, Inc. STOCKTON SALES, INC.,

Plaintiff,

-vs-

TURQUOISE CHEMISTRY, INC.,

Defendant.

·FILED M/\ll. O 3 ,n17


F /&/3

o3/c3// T


Docket No. L 708-15

ORDER VACATING ORDER AMENDING .JUDGMENT AND

ATTORNEY FEES

THIS MATTER being brought before the court by TSM Brands, Inc., by and through its

attorney, Jae H. Cho, Esq. of CHO LEGAL GROUP LLC, the arguments of counsel having been

considered and good cause having been shown;

IT IS on this -~ day of (VLct&t i 20 l 7;

ORDERED that TSM Brands, Inc.'s motion to vacate the February 5, 2016 Order amending

judgment is GRANTED; and

IT IS FURTHER ORDERED that the February 5, 2016 Order amending judgment is vacated;

and

H' IS FUR:l'HER-OR~E-R:ED{hat--TSM&rands-rnotionfurattmney1ees·ig.-granted·inthe·amount

aswGiated-with the enfarc~mentQitbis ordecincluding--but-11ee-lirnited~ottlffiffley-ree&.

IT IS FURTHER ORDERED that counsel shall serve a copy of the within Order upon the

Plaintiff within _!]_ days of the receipt of the same by way of regular and certified mail;r)turn .... /""'7 //

receipt requested.

Dated:

[;{opposed [ ] unopposed (

/ ... / / /. . .. //

/ .// ,.r"//;;;?" ' // /

/,/ /~·:~ .. ,·~/ ,./

/ . / / JSC ' / ,// ...

/ifllCHAEL A. ztdro, J.S.C.

11 /6'-/ o.SJo3/lr-

FREDRICK L. RUBENSTEIN, ESQ. (ATTORNEY ID. NO. 004651994) JAMES P. NOLAN AND ASSOCIATES, L.L.C. FILED 61 GREEN STREET WOODBRIDGE, NEW JERSEY 07095 (!,4a,( 0 TELEPHONE: (732) 636-3344 FAX: (732) 636-1175 ' ' . 3 2{Jf7 Attorneys for Defendants, Gurmail Singh and Jorave~U~ei-,AELA .roro JAGDISH SOHAL and PRABHJOT SINGH,

Plaintiffs,

-v-

JASVIR KAUR, GURMAIL SINGH, and JORAVER SINGH,

Defendants.



CIVIL ACTION

ORDER DISMISSING COMPLAINT WITH PREJUDICE

THIS MATTER having been presented to the Court by James P.

Nolan and Associates, L.L.C., Attorneys for Defendants, Gurmail

Singh and Joraver Singh, via Motion to Dismiss Plaintiffs'

Complaint with Prejudice Pursuant to Rule 4:6-2(e), and the Court

having considered the moving and responding papers and for good

cause shown;

IT IS ON THIS 71->- l,

-~:::::;i,,__ __ DAY oF ---1l'------''\.U11,,,r-"-c"".\A"------' 2011,

ORDERED that Defendants, Gurmail Singh and Joraver Singh's,

Motion to Dismiss Plaintiffs' Complaint with Prejudice Pursuant to . l vt f' ll Yt \'G( -I-ht rtttDOYl.C SO -(o r/r,.

Rule 4: 6-2 (e) be and hereby is' grante/tf and \ < \V\l 0-.htA.CW d VV\..t\/v'-Wl\YI J vUtit\

I

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

all Counsel within ~~-z'---~

J.S.C.

(t:/.) Opposed MICHAEL A TOTO, J.S.C.

( ) Unopposed

BY ORDER OF THE COURT State of New Jersey,

Jagdish Sohal, Prabhjot Singh

Plaintiff(s), v.

Jasvir Kaur, Gurmail Singh, Joraver Singh

Defendant(s).

I. Introduction


CIVIL ACTION

Docket No. MID- L-3107-15

Decision on Motion to Dismiss

FILED MARO 3 2017


Defendants Gurmail Singh and Joraver Singh ( collectively as "Defendants") move to

dismiss Plaintiffs Jagdish Sohal and Prabhjot Singh's (collectively as "Plaintiffs") Complaint

with prejudice pursuant to R. 4:6-2(e), for failure to state a claim upon which relief can be

granted. Plaintiffs' Complaint asserts the following claims: (1) False AJTest and Imprisonment;

(2) Abuse of Process; (3) Malicious Prosecution; (4) Tmtious Interference with Prospective

Economic Relations; (5) Intentional Infliction of Emotional Distress; (6) Negligence; (7) Civil

Conspiracy; and (8) Prima Facie To,t.

II. Facts

Jasvir Singh, sister to Gurmail and Joraver, married Navjot Singh ("Navjot") and

emigrated from India to the United States of America. Plaintiffs allege that Defendants believed

Navjot owed them for his immigration to the United Stated and as a result, Defendants tried to

control and intimidate Navjot. Plaintiff Prabhjot, Navjot's brother, and Plaintiff Jagdish, Navjot's

1

friend, helped Navjot resist mistreatment by the Defendants. Plaintiffs allege that Defendants

responded by punishing Plaintiffs. Specifically, Plaintiffs allege that Defendants initiated a

criminal complaint against Plaintiffs based on a fabricated story alleging that Navjot physically

abused Jasvir and that Plaintiffs threatened Jasvir at gunpoint. Arrest warrants were issued for

the Plaintiffs and a trial was held on October 19, 2016 before the Honorable Allen P. Comba,

J.M.C. Judge Comba dismissed the criminal complaints against Plaintiffs and Navjot. However,

Plaintiffs' allege that because of the criminal action, Plaintiffs' taxi driver's licenses were

suspended and Prabhjot's immigration application was denied.

III. Analysis

Defendants argue that Plaintiffs' Complaint should be dismissed because the facts alleged

in Plaintiffs' Complaint do not set forth any cognizable claims. Upon a motion to dismiss for

failure to state a claim upon which relief can be granted, the complaint is "searched to determine

if a cause of action can be found within its four corners." Van Natta Mechanical Corp. v. Di

Staulo, 277 N.J. Super. 175, 180 (App. Div. 1994). Where a plaintiff fails to allege facts

sufficient to support a claim for relief, the complaint should be dismissed. Camden County

Energy Recovery Associates, L.P. v. N.J. Dept. of Environmental Protection, 320 N.J. Super. 59,

64 (App. Div. 1999). On a motion to dismiss, a court should examine a complaint to asce1tain

whether a cause of action may be gleaned from the allegations as pied. See Lieberman v. Port

Auth. ofN.Y. and N.J., 132 N.J. 76 (1993). "Dismissal is mandated where the factual allegations

are properly insufficient to supp01t a claim upon which relief can be granted." Rieder v. State

Dep't ofTransp., 221 N.J. Super. 547,552 (App. Div. 1987). Here, for the purpose of clarity,

2

each claim is addressed separately.

A. Count I: False Arrest and Imprisonment

Defendants assert that Plaintiffs failed to state a cause of action of false arrest and

imprisonment against Defendants because Defendants Gurmail and Joraver were not involved in

the filing of the criminal complaints against Plaintiffs. Specifically, the source of probable cause

leading to the arrest of the Plaintiffs includes a statement given by the victim, Jasvir, and

observations made by Officer Matos-Gonzalez. In opposition, Plaintiffs assert that Defendants

did not have probable cause to initiate action against Defendants because Defendants themselves

fabricated the story.

False mTest is constraint of a person, which may be caused by tln·eats or actionable force,

and the tln·eats may be by conduct or words. Earl v. Winne, 14 N.J. 119, 127 (N.J. 1953); see

also Patrick v. Esso Standard Oil Co., 156 F. Supp. 336,340 (Dist. Ct. 1957). It does not require

the use of physical force. Earl 14 NJ. at 127. "[F]alse imprisonment is merely unlawful

detention without more." Earl 14 N.J. at 128 (citing Lakutis v. Greenwood, 9 N.J. 101, 106

(1952). Here, Plaintiff alleges that Joraver and Gurmail aided and abetted Jasvir into making

false accusations against Jagdish and that Defendants caused the Plaintiffs to be unlawfully

detained. Def. Br. Ex. A. This Court finds that Plaintiffs failed to allege sufficient facts

indicating that Defendants engaged in any activity or conduct that resulted in confinement of the

Plaintiff by vi1iue oftln·eats or actionable force. Accordingly, Count I is dismissed without

prejudice.

B. Count II: Abuse of Process

3

Defendants assert that they were not responsible for the institution of the criminal

proceedings against Plaintiffs. In opposition, Plaintiffs claim that Defendants not only fabricated

the story that led to the criminal complaint, but Defendants thereafter continued to lie to the

police, prosecutors, and the Court.

The tmi of malicious abuse of process "is the misuse, or misapplying process justified in

itself for an end other than that which it was designed to accomplish." Baglini v. Lauletta, 338

NJ. Super. 282,293 (App. Div. 2001); see also Earl v. Winne, 14 N.J. 119, 129 (N.J. 1953).

Essential to the tmi is the requirement of "fiuiher acts" performed by the Defendant after

issuance of process. Baglini 338 N.J. at 294. The defendant's further acts represent the

"perversion or abuse of the legitimate purposes of that process." Baglini 338 N.J. at 294 (citing

Penwag Prop. Co. v. Landau, 148 N.J. Super. 493,499 (App. Div. 1997). Here, the Complaint

alleges that Defendants acted with malice, but the Plaintiffs failed to allege specific acts or

omissions performed by the Defendant. Accordingly, Count II is dismissed without prejudice.

C. Count III. Malicious Prosecution

Defendants assert that Plaintiffs failed to allege any facts to establish the elements for

malicious prosecution. In particular, Defendants did not institute a criminal action against

Plaintiffs with malice. Moreover, Defendant's argue that the criminal action was supported by

probable cause. In opposition, Plaintiffs asse1i that Defendants are liable under malicious

prosecution claim because they helped the alleged victim in a conce1ied effort to maliciously

prosecution the Plaintiffs.

Malicious prosecution requires the plaintiff to prove each of the following elements: (1) a

4

criminal action was instituted by the defendant against the plaintiff; (2) the criminal action was

motivated by malice; (3) that there was an absence of probable cause to prosecute; (4) the action

was te1minated favorably to plaintiff; and (5) plaintiff has suffered a special grievance caused by

the institution of the underlying civil claim. LoBiondo v. Schwartz, 199 N.J. 62, 90 (N.J. 2009);

see also Horn v. Viii. Supermarkets, Inc., 260 N.J. Super. 165, 172 (App. Div. 1992). Malice

means "nothing more than the intentional doing of a wrongful act without justification or

excuse." Mayflower Indus. v. Thor Corp., 15 N.J. Super. 139, 153 (Ch. Div. 1951) (citing

Brennan v. United Hatters ofN. Am., 73 N.J.L. 729 (E. & A. 1906). "Reasonable or probable

cause for the institution of a civil suit is the presence of reasonable ground for belief that the

cause of action exists supported by circumstances sufficient to warrant an ordinarily prudent man

in the belief that it exists. Mayflower 15 N.J. at 155 (citing Prosser on To1is, § 97, p. 885).

Here, the Court finds that Plaintiffs' Complaint alleges sufficient facts to infer

Defendants' malicious use of process. Plaintiffs allege that Defendants acted in a conce1ied effort

to fabricate a story and institute a criminal proceeding against the Plaintiffs. The criminal

proceeding was resolved in favor of Plaintiffs, but both Plaintiffs allege damages and special

grievances including the loss of their taxi driver's license. See Def. Br. Ex. A, ~23-24. Although

the criminai action was supported by probable cause based on the Officer's observations and the

victim's statements, dismissal of Count III is premature as discovery is ongoing.

D. Count IV: Tortious Interference with Prospective Economic Relations

Defendants assert that this count should be dismissed because Plaintiffs fail to allege any

facts indicating that Defendants interfered with their ability to drive a taxicab. On the contrary,

5

Plaintffs claim that Defendants, who each have taxi driver's licenses, knew that a criminal

allegation against Plaintiffs would cause them to lose their licenses.

A complaint based on tortious interference must first allege facts giving rise to some

"reasonable expectation of economic advantage." Printing Mart-Morristown v. Sharp Electronics

Corp., 116 N.J. 739, 751 (N.J. 1989) (quoting Harris v. Perl, 41 N.J. 455,462 (1964). The

"complaint must demonstrate that a plaintiff was in "pursuit" of business." Printing 116 N.J. at

7 51. Second, the complaint must allege facts asserting that the interference was done

intentionally and with malice, "defined to mean that the harm was inflicted intentionally and

without justification or excuse." Printing 116 N.J. at 751 (quoting Rainer's Dairies v. Raritan

Valley Farms, Inc., 19 N.J. 552, 563 (1955). Third, the facts alleged in the complaint must lead

to the conclusion that the interference caused the loss of a prospective gain. Printing 116 N.J. at

751. Plaintiff must also show that there was a reasonable probability that the victim of the

interference would have received the anticipated economic benefits ifthere had been no

interference. Printing 116 N.J. at 751 (quoting Leslie Blau Co. v. Alfieri, 157 N.J. Super. 173,

185-85 (App. Div.) Lastly, the plaintiff must show that the injury caused damages. Id. at 752.

Here, the comi finds that Plaintiffs failed to allege sufficient facts supporting the claim of

tortious interference with prospective economic relations. First, Plaintiffs allege that they were in

pursuit of driving a taxi, giving rise to a reasonable expectation of economic gain. Def. Br. Ex.

A, ,r 25. Second, Plaintiffs asseti that the interference was done with malice as Defendants aided

and abetted Jasvir in making false allegations against Plaintiffs. Def. Br. Ex. A, ,r 5-6. Third, the

Plaintiffs allege they lost their taxi driver's license as a result of the criminal action and as a

6

result suffered a loss of income. Def. Br. Ex. A, 18-10. However, Plaintiffs fail to provide

sufficient facts supporting the inference that Defendant's' interference with Plaintiffs' business

was done intentionally and with malice. Accordingly, Count IV is dismissed.

E. Count V: Intentional Infliction of Emotional Distress

Plaintiffs assert that Defendants fabrication of their story created a sequence of events

that ultimately led to the Plaintiffs losing their taxi driver's licenses, which is their only means of

supporting their families, and led to the denial Prabhjot's immigration application.

For an intentional infliction of emotional distress claim, the "plaintiff must establish

intentional and outrageous conduct by the defendant, proximate cause, and distress that is

severe." Buckley v. Trenton Sav. Fund Soc., 111 N.J. 355, 366 (N.J. 1988). The "plaintiff must

prove that the defendant acted intentionally or recklessly[,]" and that the defendant intended to

do both the act and to produce emotional distress. Ibid. The Defendant's conduct must be "so

outrageous in character, and so extreme in degree, as to go beyond all possible bounds of

decency, and to be regarded as atrocious and utterly intolerable in a civilized community."

Buckley 111 N.J. at 366 (quoting Restatement (Second) of Torts,§ 46 comment d (1979)). The

emotional distress must be "so severe that no reasonable man could be expected to endure it."

Buckley 111 N.J. at 366 (quoting Restatement (Second) of Torts,§ 46 commentj).

Here, the Cami finds that Plaintiffs complaint alleges sufficient facts to infer Defendant's

intentional infliction of emotional distress. Plaintiffs allege that Defendants fabricated a story

that led to their arrest and ultimately caused Plaintiffs to lose their taxi driver's license and denial

of Plaintiff Prabhjot's immigration application. See Def. Br. Ex. A., 1 5-6, 28-29. An inference

7

can be made that the Defendants' acts may be extreme and outrageous, that Defendants acted

intentionally or recklessly, and that Plaintiffs likely suffer severe emotional distress.

F. VI: Negligence

To prevail on a claim of negligence, a plaintiff must prove four elements: (1) a duty of

care; (2) a breach of that duty; (3) actual and proximate cause; and (4) damages.

The existence and scope of a defendant's legal duty is a question of law decided by the

court. See Carvalho v. Toll Bros. & Developers, 143 N.J. 565,572 (1996). "The detennination

of the existence ofa 'duty to exercise reasonable care to avoid the risk of hmm to another ... is

one of fairness and policy that implicates many factors.'" Clohesy v. Food Circus Supermarkets,

149 N.J. 496,502 (1997) (quoting Carvalho, supra, 143 N.J. at 572). Here, the Court finds that

Plaintiffs fail to allege facts establishing a duty of care owed to them from the Defendants.

Assuming that a duty existed, Plaintiffs failed to allege any facts that Defendants breached duty

and proximately caused damages. Accordingly, Count VI is dismissed without prejudice.

G. VII: Civil Conspiracy

Defendants argue that Plaintiffs failed to assert any facts that Defendants Gmmail and

Joraver conspired with Defendant Jasvir or that Defendants caused the anest and prosecution of

Plaintiffs.

"Civil conspiracy is a combination of two or more persons acting in concert to commit an

unlawful act, or to commit a lawful act by unlawful means, the principal element of which is an

agreement between the parties to inflict a wrong against or injury upon another, and an overt act

that result in damage." Banco Popular N.Am. v. Gandi, 184 N.J. 161, 176 (N.J. 2005) (quoting

8

Morgan v. Union County Bd. of Chosen Freeholders, 268 N.J. Super. 337, (App. Div. 1992).

Plaintiff must prove that there was "one plan and that its essential scope and nature was known

to each person who is charged with responsibility for its consequences." Weil v. Express

Container Corp., 360 N.J. Super. 599,614 (App. Div. 2003). Here, the Court finds that Plaintiffs'

complaint alleges sufficient facts to infer that Defendants conspired together to fabricate a story

that ultimately led to the institution of a criminal action against Plaintiffs, loss of their taxi

driver's licenses, and denial of Prabhjot's immigration application. See Def. Br. Ex. A.

H. VIII: Prima Facie Tort

Defendants assert that Count VIII is a "catch-all" and should be dismissed. This Court

agrees. The Supreme Couti of New Jersey has not upheld or explicitly defined a prima facie tort

claim. Richard A. Pulaski Constr. Co. v. Air Frame Hangars, Inc., 195 N.J. 457,467 (N.J. 2008).

The Supreme Couti noted definitions from other jurisdiction, but regardless of the views, a prima

facie tort encompasses the "intentional, willful and malicious hams that fall within the gaps of

law." Id. at 469. The Couti reasoned that it should not become a "catch-all" alternative and have

most frequently been permitted only in limited situations where the plaintiff would have no other

causes of action. Id. at 469-70; see also Taylor v. Metzger, 152 N.J. 490, 523 (N.J. 1998).

Accordingly, this Court finds that Count VIII is dismissed.

IV. Conclusion

For the foregoing reasons, Counts I, II, IV, VI, and VIII are dismissed without prejudice.

9

David E. Madden, Esq. - NJ Attorney ID 000722013

Martin, Kane & Kuper FILED MAR D3 2017

,IUDGE MICHAEL A. TOTO

180 Tices Lane, Building B, Suite 200 East Brunswick, NJ 08816 732-214-1800 phone 732-214-0307 fax File No. 6-04187-73 Attorneys for Defendant, New Jersey Manufacturers Insurance Company

JAMES H. VAN NESS, Plaintiff(s),

vs.

TALIA FRISCO, COREY J. FRISCO, NEW JERSEY MANUFACTURERS INSURANCE COMP ANY, ABC INC. and/or JOHN DOE 1-10, jointly, individually and/or in the alternative ·

Defendant(s).


Docket No. MID-L-3905-16 _t ,i Civil Action <fl 7°7

ORDER COMPELLING DISCOVERY

This matter having been opened to the Court by David E. Madden, Esq. of Martin,

Kane & Kuper, attorneys for Defendant, New Jersey Manufacturers Insurance Company, on

notice of motion to compel discovery, and it appearing to the Court that due notice of this

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

cause appearing;

IT IS on this 3 day of mA fie N , 2017

ORDERED that the plaintiff be and hereby is compelled to provide the signed

employment authorization for Windsor Nissan within 14 days ; and it is further

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

seven (7) days of the date hereof.

//~ J.S.C. D Opposed ~nopposed

Debra A Sahler, Esq. 013101997 WILDENHAIN CRINO, PC 95 Mount Bethel Road Warren, NJ 07059 (908) 757-3900

. 6'7 ff,/ :,

Attorneys for Plaintiff, Verizon New Jersey Inc.

l'ILED "'-1(9 2017

JUOOE~A.i

VERIZON NEW JERSEY INC.

Plaintiff, vs.

NORTH BRUNSWICK TOWNSHIP, NORTH BRUNSWICK TOD ASSOCIATES, LLC, PSE&G SERVICES CORP., ATLANTIC INFRATRAC, LLC, ABC CORPORATIONS (1-8) and JOHN DOES (1-8)

Defendants



Civil Action

ORDER TO AMEND THE COMPLAINT OF VERIZON NEW JERSEY INC.

This matter being opened to the Court by the office of Wildenhain Crino, PC,

attorneys for plaintiff, Verizon New Jersey Inc., for an Order to Amend the Complaint, on

notice to all counsel of record, and the Court having reviewed the moving papers and

supporting documents, and it appearing that the movant is entitled to the relief sought;

IT IS on this 3 day of MAAc ( 1-- ' 2017;

ORDERED, that

1. Plaintiff, Verizon New Jersey Inc. be permitted to file a Third Amended

Complaint within 6D days of the signing of this Order; and

2. A copy of this Order is to be served on all counsel within seven (7) days of

the date of receipt of this Order.

It is ORDERED that movant shall serve, or make a\ra.ilab!e,, to any new party, a copy of all di1,Govery 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 J,\\ ~ \Q 20 jJ_ unle~s further extended by court order.

Opposed_~Unopposed x

J.S.C.

LAW OFFICE OF JOHN TIERNEY, LLC Matthew C. Simon - ID# 009762005 f ILE D 1259 Route 46 East Building 3, Suite 133 MAR O 3 2017 Parsippany, New Jersey 07054 JUDGE MICHAEL A. TOTO _A_tt----'o_rn_ec_,;y_s_f-=-or"'--Dc__c__ef_e_n_ccd.:.can:..:..te.-: -=-St-'--a==-rb=--u==-c==-k-=-s--'C=--=o-=-r-"-o-=-r:..:..a==-tic:c;on d/b/a Starbucks Coffee Company. KHAIRAH WALKER, SUPERIOR COURT OF NEW JERSEY

Plaintiff,

v.

STARBUCKS; STARBUCKS COFFEE COMP ANY,ABC INC. (1-50); DEF, INC. (1-50) JOHN DOE (1-50), AND RICHARD ROE (1-50) (said names ABC, Inc., DEF Inc., John Doe and Richard Roe being fictitious) jointly, individually, and in the alternative,

Defendant(s).

MIDDLESEX COUNTY

LAW DIVISION DOCKET NO.: MID-L-1205-16

CIVIL ACTION

PROPOSED ORDER

This matter having been opened before this Court by the Law Office of John

Tierney, LLC, attorneys for the defendant, Starbucks Corporation, for an Order

compelling plaintiff's outstanding discovery, and the Court having reviewed all

submitted papers and for good cause shown;

IT IS on this __ 3 ___ day of MA-A-C. l:f 2017,

ORDERED that defendant, Starbucks Corporation's, Motion to compel plaintiff's

outstanding discovery is b/'.<A.ln!'7°)

IT IS ORDERED that plaintiff shall provide certified, responsive answers and

documents to the following discovery demands within ten (10) days:

10

1. Executed HIPAA compliant authorizations permitting the release of plaintiff's medical records from Dr. Kristina D. Mancini /Iselin Medical Group, Dr. Marina L. Grundman/Avelin-Iselin Medical Group, Dr. Nicholas J. Minas and Dr. Michele K. Hoh/Westwood Family Medicine.

2. An executed HIP AA compliant authorization permitting the release of plaintiff's employment/contract records from IDC Technologies [her actual @mfJleiyer not

Wtptoo]. 3. Pleass provide a G9P'.I o~ 19lah,tlff's himdwritteR ir.terrngatories, as testHieEl about.

hy plaintiff during bet d@po~ilioo. 1):::,..1 ,\ 9 4. Pleas€! provide color copies of any/all photographs taken by plaintiff which

evidence her alleged injury, including, but not limited to, the recent photos taken which plaintiff testified about during her deposition.

5. Regarding all photos, including the ones which were provided, please identify the date taken as well as the names and addresses of the persons who made

them. 6. Pleas11 provide copies of any/all material which evidence out of pocket expenses. 7. Please Ra>,<i! plaintiff execute Certifications in connection with all answers,

responses, more specific answers and more specific responses provided.

rr: IS FURffll:iR ORDERED tlmt plaintiff shall 19ay niimlmrsem.eR-t sf atterney s'

disGovery witl'lifl tl'lirty (30) dz1y s pmstta1tl to R:.4:23 1, based upon a submission of bills

tcr this Com t to 13e-suhmi.t~. twenty (20) days hereof, and to be reviewed In--Camera. ,

IT IS FURTHER ORDERED that an Order dismissing plaintiff's Complaint, with

l'J'.(J,"f prejudice, sl:I.Hl- be issued, upon application, for any violation of this Order.

11

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

within seven (7) days hereof.

--

J.S.C.

Opposed( y Unopposed ( )


Oral Argument Heard ( )

12

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