OLIVER T. BARRY, ESQUIRE Attorney ID # 082282013 BARRY ... · Wildwood, New Jersey 08260 (P) (609)...

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OLIVER T. BARRY, ESQUIRE Attorney ID # 082282013 BARRY, CORRADO, GRASSI & GILLIN-SCHWARTZ, P.C. 2700 Pacific Avenue Wildwood, New Jersey 08260 (P) (609) 729-1333 (F) (609) 522-4927 [email protected] Attorneys for Plaintiff SHATIFIA COOKE, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF TIFFANY MOFIELD Plaintiff, v. STATE OF NEW JERSEY DEPARTMENT OF CORRECTIONS, UNIVERSITY CORRECTIONAL HEALTHCARE, JOHN DOE ENTITY (1-10) FICTITIOUS NAMES, AND/OR JOHN DOE (1-10) FICITIOUS NAMES Defendants.

SUPERIOR COURT OF NEW JERSEY HUNTERDON COUNTY-LAW DIVISION

DOCKET NO.:

CIVIL ACTION

NOTICE OF PETITION FOR PRESUIT DISCOVERY PURSUANT TO RULE

4:11-1

TO: Gurbir S. Grewal, Attorney General

Office of the Attorney General – Division of Law 25 Market Street

Trenton, New Jersey 08625 State of New Jersey Department of Corrections Whittlesey Road P.O. Box 863 Trenton, NJ 08625. University Correctional Healthcare 7 College Avenue New Brunswick, NJ 08901

PLEASE TAKE NOTICE that on June 5, 2020, or as soon thereafter

as counsel may be heard, the undersigned, attorney for plaintiffs,

will move before the above named Court at the Hunterdon County

Courthouse located at 65 Park Avenue, Flemington, NJ 08822 for an

order directing the production of certain pre-suit discovery.

HNT-L-000178-20 05/11/2020 3:12:38 PM Pg 1 of 2 Trans ID: LCV2020860550

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Arbitration Date: None Mediation Date: None Trial Date: None Discovery End Date: None

Reliance will be placed on Plaintiff's supporting

certification and brief attached hereto. Pursuant to R. 1:6-2(a),

a proposed form of the Orders are attached. Oral argument is not

requested unless the motion is opposed.

BARRY, CORRADO, GRASSI & GILLIN-SCHWARTZ, P.C.

Attorneys for plaintiff

By: Dated: May 11, 2020 OLIVER T. BARRY, ESQUIRE


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OLIVER T. BARRY, ESQUIREAttorney ID # 082282013BARRY, CORRADO, GRASSI & GILLIN-SCHWARTZ, P.C.2700 Pacific Avenue Wildwood, New Jersey 08260(P) (609) 729-1333 (F) (609) [email protected] Attorneys for Plaintiff

SHATIFIA COOKE, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF TIFFANY MOFIELD

Plaintiff,v.

STATE OF NEW JERSEY DEPARTMENT OF CORRECTIONS, UNIVERSITY CORRECTIONAL HEALTHCARE, JOHN DOE ENTITY (1-10) FICTITIOUS NAMES, AND/OR JOHN DOE (1-10) FICITIOUS NAMES

Defendants.

SUPERIOR COURT OF NEW JERSEYHUNTERDON COUNTY-LAW DIVISION

DOCKET NO.:

CIVIL ACTION

ORDER

THIS MATTER having been brought before the Court by Oliver T.

Barry, Esquire, attorneys for Petitioner Shatifia Cooke,

individually and on behalf of the Estate of Tiffany Mofield, on a

motion for pre-suit discovery pursuant to R. 4:11-1 and having

considered the papers submitted herein, and for good cause shown;

IT IS on this _________ day of ____________________, 2020,

ORDERED that Petitioner’s Application is GRANTED;

IT IS FURTHER ORDERED that the State of New Jersey, Department

of Corrections and University Correctional Healthcare shall

identify conforming document designee(s) pursuant to R. 4:14-2(c)

who shall appear for deposition and produce the below documents,

either in person or remotely, within thirty days of the date of

this Order and be prepared to testify as to the good faith search


mailto:[email protected]

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for; organization of; and authenticity of the following:

1. Medical records for Tiffany Mofield;

2. Psychological records for Tiffany Mofield;

3. Electronic J-Pay communications to and from Tiffany

Mofield for three months prior to her death;

4. Grievances submitted by Tiffany Mofield from November 1,

2019 through April 29, 2020;

5. Any and all scheduling faxes, requests, or other

documents related to requests for medical care for

Tiffany Mofield for three months prior to her death;

6. Any and all incident reports generated in relation to

Tiffany Mofield for three months prior to her death; and

7. Any investigative reports, notes, recordings, or other

documents, from SID or otherwise, generated in response

to Tiffany Mofield’s death.

IT IS FURTHER ORDERED that a true and exact copy of this

Order shall be served on all parties via eCourts. Should the

parties not have entered an appearance by and through counsel on

eCourts, Petitioner shall serve a copy of this Order within

seven (7) days.

____________________________________( ) Opposed( ) Unopposed


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OLIVER T. BARRY, ESQUIRE Attorney ID # 082282013 BARRY, CORRADO, GRASSI & GILLIN-SCHWARTZ, P.C. 2700 Pacific Avenue Wildwood, New Jersey 08260 (P) (609) 729-1333 (F) (609) 522-4927 [email protected] Attorneys for Plaintiff SHATIFIA COOKE, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF TIFFANY MOFIELD Plaintiff, v. STATE OF NEW JERSEY, DEPARTMENT OF CORRECTIONS; UNIVERSITY CORRECTIONAL HEALTHCARE; JOHN DOE ENTITY (1-10) FICTITIOUS NAMES; AND/OR JOHN DOE (1-10) FICITIOUS NAMES Defendants.


DOCKET NO.:

CIVIL ACTION

CERTIFICATION

I, Oliver T. Barry, hereby certify as follows: 1. I am an attorney with the law firm of Barry, Corrado, Grassi

& Gillin-Schwartz, P.C. and represent the plaintiff Shatifia

Cooke, Individually and on behalf of the Estate of Tiffany

Mofield.

2. Shatifia Cooke is an adult individual, currently residing in

the County of Salem, State of New Jersey and the daughter of

decedent Tiffany Mofield.

3. State of New Jersey, Department of Corrections is a public

entity amenable to suit under New Jersey law. Its commissioner

is Marcus Hicks. Its administrative headquarters are located

on Whittlesey Road, City of Trenton, County of Mercer, State


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of New Jersey.

4. University Correctional Healthcare contracts with State of

New Jersey, Department of Corrections to provide medical

services at the Edna Mahan Correctional Facility for Women.

5. On or about April 29, 2020, Tiffany Mofield was under the

care, custody, and control of the State of New Jersey

Department of Corrections incarcerated at the Edna Mahan

Correctional Facility for Women in Hunterdon County, New

Jersey.

6. For a period of time leading up to April 29, 2020, Tiffany

Mofield began experiencing health issues such as fatigue,

respiratory distress, and difficulty ambulating.

7. On or about March 19, 2020, Ms. Mofield was moved to the

medical unit on-site at Edna Mahan Correctional Facility and

was isolated there for approximately ten (10) days.

8. Throughout this time, Ms. Mofield was in contact with her

boyfriend Mr. Joseph Carney, to whom she confided that she

was continuing to suffer from respiratory distress.

9. After approximately ten (10) days, Tiffany Mofield was

released back into the general population despite continued

respiratory distress, fatigue, and other health issues.

10. On or about April 29, 2020, Tiffany Mofield became

unresponsive and died at the Edna Mahan Correctional Facility


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for Women.

11. Ms. Mofield is survived by her parents Kevin and Dena Mofield

and her children Shatifia Cooke, Richard Lee Iverson, Jr.,

and Trahsia Mofield.

12. Subsequently, personnel at Edna Mahan contacted the Ms.

Mofield’s parents, Kevin Mofield and Dena Mofield, and

informed them that their daughter had passed away.

13. Ms. Mofield’s family have repeatedly sought more information

regarding the circumstances of her death. However, to date,

neither the State of New Jersey, Department of Corrections

nor University Correctional Healthcare have provided any

further information to the family.

14. Shatifia Cooke anticipates being a party in an action on

behalf of the Estate of Tiffany Mofield for wrongful death,

survivorship, and/or violation of the state and federal

constitution for failure to provide medical treatment.

15. Shatifia Cooke seeks information from anticipated adverse

parties State of New Jersey, Department of Corrections and

University Correctional Healthcare, who are noticed on this

application.

16. Shatifia Cooke seeks information related to her mother’s

medical condition and the care provided to her in the time

leading up to her death. More specifically, she seeks an


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order directing the identification and appearance for

deposition of document designees pursuant to R. 4:14-2(c) and

produce the following documents pursuant to R. 4:14-2(d)(1):

a. Medical records for Tiffany Mofield;

b. Psychological records for Tiffany Mofield;

c. Electronic J-Pay communications to and from Tiffany

Mofield for three months prior to her death;

d. Grievances submitted by Tiffany Mofield from November 1,

2019 through April 29, 2020;

e. Any and all scheduling faxes, requests, or other

documents related to requests for medical care for

Tiffany Mofield for three months prior to her death;

f. Any and all incident reports generated in relation to

Tiffany Mofield for three months prior to her death; and

g. Any investigative reports, notes, recordings, or other

documents, from SID or otherwise, generated in response

to Tiffany Mofield’s death.

17. This information is necessary for Petitioner to investigate

the circumstances underlying Tiffany Mofield’s death, which

she will be unable to do without court order given that the

death occurred in a correctional setting.

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


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I am aware that if any of the foregoing statements made by me are

willfully false, I am subject to punishment.



By: Oliver T. Barry, Esquire

Dated: May 11, 2020


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DOCKET NO.:

CIVIL ACTION

PROOF OF SERVICE

Plaintiff’s Notice of Petition for Discovery Pursuant to R.

4:11-1, Certification, Brief, Proposed Form of Order, and Proof of Service were electronically via eCourts filed with the Filing Clerk, Civil Law Division, Superior Court of New Jersey, Hunterdon County located at 65 Park Avenue, Flemington, NJ 08822 on May 11, 2020. Courtesy copies of the aforementioned were sent via regular and certified mail to: Gurbir S. Grewal, Attorney General at the Office of the Attorney General – Division of Law, 25 Market Street, Trenton, New Jersey 08625; State of New Jersey, Department of Corrections at P.O. Box 863, Trenton, NJ 08625; University Correctional Healthcare at 7 College Avenue, New Brunswick, NJ 08901; and by regular mail only to the Judge assigned to this matter at the Superior Court of New Jersey, Hunterdon County located at 65 Park Avenue, Flemington, NJ 08822 on May 11, 2020.

_____________________________ Christine E. Burton, Assistant to Oliver T. Barry, Esquire

Dated: May 11, 2020


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DOCKET NO.:

CIVIL ACTION

LEGAL MEMORANDUM

The Court should grant an Order directing the production of

pre-suit discovery because Petitioner Shatifia Cooke, individually

and on behalf of the Estate of Tiffany Mofield, has satisfied the

requirements of R. 4:11-1 and the interests of justice support

permitting investigation into the circumstances of Tiffany

Mofield’s death.

Shatifia Cooke, on behalf of the Estate of Tiffany Mofield,

seeks an Order directing the production of certain pre-suit

discovery pursuant to R. 4:11-1.

R. 4:11-1 provides:

Before Action (a) Petition. A person who desires to perpetuate his or her own testimony or that of another


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person or preserve any evidence or to inspect documents or property or copy documents pursuant to R. 4:18-1 may file a verified petition, seeking an appropriate order, entitled in the petitioner's name, showing: (1) that the petitioner expects to be a party to an action cognizable in a court of this State but is presently unable to bring it or cause it to be brought; (2) the subject matter of such action and the petitioner's interest therein; (3) the facts which the petitioner desires to establish by the proposed testimony or evidence and the reasons for desiring to perpetuate or inspect it; (4) the names or a description of the persons the petitioner expects will be opposing parties and their addresses so far as known; (5) the names and addresses of the persons to be examined and the substance of the testimony which the petitioner expects to elicit from each; and (6) the names and addresses of the persons having control or custody of the documents or property to be inspected and a description thereof…

On April 29, 2019, Tiffany Mofield died while incarcerated at

Edna Mahan Correctional Facility for Women in Hunterdon County,

New Jersey.

For weeks leading up to her death, she had been experiencing

respiratory distress and related symptoms. Ms. Mofield is survived

by her parents Kevin Mofield and Dena Mofield, as well as her three

children Shatifia Cooke, Richard Lee Iverson, Jr., and Trahsia

Mofield.

This application is supported by certification of counsel for

petitioner Shatifia Cooke, individually and on behalf of the Estate

of Tiffany Mofield. Ms. Cooke is the oldest child of decedent

Tiffany Mofield and it is anticipated she will be a party in the

role of Administratrix Ad Prosequendum in a wrongful death on


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behalf of the Estate of Tiffany Mofield.

The anticipated claims are cognizable state claims sounding

in common law and constitutional violations. Tort actions for

wrongful death and survivorship are cognizable pursuant to the

Wrongful Death Statute, N.J.S.A. 2A:31-1, and the Survivorship

Statute, N.J.S.A. 2A:15-3. Additionally, in the context of

incarcerated persons, the failure to provide medical treatment is

a violation of both the federal and state constitutions cognizable

under 42 U.S.C. 1983 and the New Jersey Civil Rights Act, N.J.S.A.

10:6-2, et seq.

At present, Petitioner lacks sufficient information to

adequately explore the contours of these anticipated claims due to

the dearth of information provided by the Department of Corrections

about her mother’s death.

In other circumstances, claimants can more freely investigate

facts underlying potential causes of action. But where, as here,

the death occurred in a prison facility, Petitioner is unable to

obtain further information without court order due to rights of

confidentiality protecting correctional records.1

Petitioner seeks an order directing the identification of a

document designee for the State of New Jersey Department of

1 Petitioner does not object to a reasonable confidentiality order as a condition of the production of the requested information should there be any legitimate security concerns or other rights of confidentiality or privilege asserted.


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Corrections and University Correctional Healthcare to appear and

produce the following records: (1) medical records for Tiffany

Mofield; (2) psychological records for Tiffany Mofield; (3)

electronic J-Pay communications to and from Tiffany Mofield for

three months prior to her death; (4) grievances submitted by

Tiffany Mofield from November 1, 2019 through April 29, 2020; (5)

any and all scheduling faxes, requests, or other documents related

to requests for medical care for Tiffany Mofield for three months

prior to her death; (6) any and all incident reports generated in

relation to Tiffany Mofield for three months prior to her death;

(7) any investigative reports, notes, recordings, or other

documents, from SID or otherwise, generated in response to Tiffany

Mofield’s death.

Petitioner Shatifia Cooke, individually and on behalf of the

Estate of Tiffany Mofield, has satisfied the requirements of R.

4:11-1.

Petitioner has set forth the subject matter of this

application; her mother’s untimely death under shrouded

circumstances at the Edna Mahan Correctional Facility. Petitioner

identifies that she is a likely claimant in a wrongful death action

on behalf of her mother’s estate. Petitioner seeks information

related to the care and oversight of her mother in the weeks

leading up to her death, which she is unable to obtain without a


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court order, to investigate whether there was a failure to provide

care rising to the level of negligence and/or a constitutional

violation. And petitioner has identified the likely responsible

entities and the discovery she seeks from them.

Accordingly, the Court should grant Petitioner Shatifia

Mofield’s application for pre-suit discovery pursuant to R. 4:11-

1.



By: Oliver T. Barry, Esquire

Dated: May 11, 2020


OLIVER T. BARRY, ESQUIRE Attorney ID # 082282013 BARRY ... · Wildwood, New Jersey 08260 (P) (609)...

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