judge michael a. j.s.c. - new jersey superior court · judge michael a. toto, j.s.c. ... krass vs...
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Judge Michael A. Toto, J.S.C. Disposition List
Motions Returnable ( 3/17/2017 )
D I t oc <e C N ase ame M f T o 10n ype M . # D' O!IOU ISllOSition
L-806-16 Afonso vs Collazo MTD 438 adi 3/31 L-5401-
Almonte-Ortiz vs Lovrovich Strike 268 adj 3/31 16
L-2506-Angeles vs Cadeau
16 MTS 283 GRANT
L-2603-Aulder vs Patel Compel and Produce
16 550 GRANT
L-2603-Aulder vs Patel MTD
16 540 WD
L-4907-Aulert vs Jean Ext Disc; Adj Arb GRANT
15 854
L-4907-Aulert vs Jean Ext Disc' Adj Arb 697 GRANT
15 L-3604-
Baratta vs Dooley MTD 555 WD 16
L-304-16 Baratta vs Doolev MTD 700 WD L-6709-
Bates vs Agarwal Dismiss Count 306 16 adj 3/31
L-6709-Bates vs Agarwal Partial SJ 35 GRANT
16 L-1609-
Bello! vs Manassa Strike 633 adj 3/31 16
L-4809-Bock vs JFK Med Center SJ 240
13 DENY
L-4809-Bock vs JFK Med Center cross SJ 865
13 DENY
L-4809-Bock vs JFK Med Center cross SJ 1120
13 DENY
L-4809-Bock vs JFK Med Center Bar Testimony 1046
ADJ to Trial
13 4/3/17
L-1003-Borrowski vs J2 Buffet Inc Strike 433
16 WD L-4911-
Catalfamo vs Swale Leave to file Amend
353 GRANT 16 Comol
L-6011-Child (minor) vs Fennes
12 Remove Stay 594 DENY
L-4108-Ciesielski vs NJM Ins Co MTD 430 GRANT
16 L-6822-
Cononie vs Borough of Milltown 16
MTD 319 adj 4/28
L-3307- Corso vs Lake Realty Partners 16
Strike 463 adj 3/31
L-4602-Cziko vs Cziko
16 SJ 79 ADJ
1-10903-Cruz vs Gamboa-Basidas
14 Ext Disc 167 GRANT
L-4305-Debello vs Magdangal
14 Ent Lit Rights 714 GRANT
L-3401- Dombroski vs Woodmere Senior MTD 625
16 Citizens Housinq WD
L-8010-Eighteen Lumber, Inc vs Ryan
97 Vacate Judgment 358 GRANT
L-3209-Ellis vs Koroma MTDw/P 548 GRANT
16 L-901-16 Elsaved vs Marri Ext Disc 514 GRANT
L-2804- Estate of Geeta Kollory vs RWJ Univ Reinstate Matter for 822
GRANT IN
16 Hoso Trial PART
L-708-16 Fane.vs Mierzwiak Ext Disc 647 DENY
L-708-16 Fane vs Mierzwiak Cross-Comoel 923 GRANT
L-2001-15 F arooqi vs Dipinto Intl Logistics Supp Ans 185 DENY
L-4306- Fine Wall Corp vs M&H Door Co. Compel Disc 630 GRANT 16
L-7311- Fomin vs Pathmark SJ 128 ORDER TO
15 BE POSTED
L-7311- Fomin vs Pathmark Cross-Amend Comp 963 ORDER TO
15 BE POSTED
L-2102- Friis vs Olivera Amend Comp +3P 471 GRANT 16
L-3404- Gaisie vs Hill Ext Disc 782 GRANT 15
L-4509- Gilbert vs Kar Amend Comp +3P 226 GRANT 16
L-6602- Goldberg vs Mahoney MTD 536 WD 14
L-6602- Goldberg vs Mahoney Bar Testimony 802 GRANT 14
L-7513- Gordon vs Allstate Enforce Settlement 227 13 WO
L-7513- Gordon vs Allstate Evi Hearing 1213 13 WD
L-3309- Hafez vs Macy's Woodbridge Ext Disc 793 GRANT 15
L-6607- Herbst vs Alvarez Compel and Produce 356 ADJ 3/31 15
L-1206- Herrera vs Herrera Ext Disc 292 GRANT 16
L-6011- Hockenjos vs Peterson & Staeger MTD 238 xfer
15 Vionuolo
L-5595- Jaje vs Fike Corp Compel Disc 628 ORDER TO 14 BE POSTED
L-5595- Jaje vs Fike Corp Compel dep 459 ORDER TO 14 BE POSTED
L-5595-Jaje vs Fike Corp Compel Dep;
338 ORDER TO 14 Protective Order BE POSTED
L-7408-Johnson vs Byen Reopen & Ext Disc 357 GRANT 15
L-3808-Jones vs NJ Dept of Corrections Default Judgment 216
ORDER TO 16 BE POSTED
L-5609-Kaminsky vs Tambor MTD 730 WD 15
L-5404-Krass vs Thapar Dismiss Complaint 432 16 WD
L-6106-Laragione vs Delaney Dismiss Complaint 110 WD 16
L-2505-Lewis-Gadiare vs Garcia Strike 458 GRANT
16 L-2903-
Lincoln vs Collazo Strike 422 15 adj 3/31
L-5306-Lockamy vs Figueroa Bar Evi 255
15 adj 3/31 L-5306-
Lockamy vs Figueroa Stay 879 15 adj 3/31
L-5306-Lockamy vs Figueroa Bar Evi 922
15 adj 3/31 L-2803-
Lopez vs Patel Ext Disc 435 GRANT 15
L-3506-Lucas vs Fail Dismiss Complaint 350 GRANT
16
L-370-16 Mallard vs NJM Ins Co MTD 639 WD
L-5201- Margelis vs Friends Retirement Reconsideration/Com 414 GRANT
15 Concepts pel Disc. L-4805- Martin Greenbaum Co vs Republic Leave to file Amend
241 xfer Paley 16 Services of NJ Como!
L-309-16 Martinez vs Martinez/Norton Ext Disc 80 GRANT
L-3910-McAleer vs Stop and Shop Ext Disc 465 GRANT
15
L-208-14 McDonald vs. Parada partial SJ 70 xfer Berman
L-7109- Milliennium Info Tech vs Cyber MTD 229 GRANT
16 Sphere L-1011-
Mosquera vs Raritan Bay Med Cntr Ext Disc 640 GRANT 16
L-6404-Paitan vs Dubin MTD 61 GRAQNT
16 L-6710-
Palazios vs Pensavalle Ext Disc 796 GRANT 15
L-7406-Perez vs Fidziukiewicz Ext Disc 442 GRANT
15 L-7205-
Pidgeon vs Huang SJ 48 ADJ 619 15
L-7205-Pidgeon vs Huang 15 Cross-SJ 916 ADJ 6/9
L-6808-Pin ho vs Meridia Metro Hackensack
15 Disc Relief 414 DENY
L-6808-Pinho vs Meridia Metro Hackensack Ext Disc; Compel
15 Production of Docs 1059
GRANT
L-4905-Popowski vs McGourty
16 SJ 53 DENY
L-5207-Prescott vs Yabut MTD 707 adj 3/31 16
L-7303-Quinn vs Laskowski
Reinstate Complaint; 570 GRANT 15 Ext Disc
L-304-15 Quintella vs Loman Vacate Order 768 adi 3/31
L-4307- Robert Wood Johnson Univ. Hospital SJ adj 3/31 16 vs Plymouth Rock Assurance Ins
L-6207-Rodriguez vs Khoury MTD 861 15 WD
L-10902-Ron-Sanchez vs NJM Ins Co Amend Comp 87 grant
14 L-1701-
Salib vs Castlepoint Ins Co MTDw/P 296 adj 3/31 16
L-108-16 Saunders-Cudioe vs Blenderman Dismiss Comp w/P 474 adj 3/31 L-11711-
Schaeffer vs NJM Ins Co Bar, or Ext Disc and
596 GRANT 14 Adi Arb
L-3-16 Scott vs Princeton Med Cntr MTD 819 WD L-3302-
Singh vs Barody Reinstate Complaint 213 GRANT 16
L-7211-Sparnroft vs Azoia ext disc 780 GRANT
15
L-2703-State of NJ Higher Edu vs Bolwala Vacate order 250
ORDER TO 16 BE POSTED
L-5805-Suriel vs Sanchez SJ 51 WD
15 L-6202-
Taubler vs Soriano Dismiss Complaint 822 16 WD
L-7008-Upshur vs Firmenich Inc MTD 129 adj 4/13
16 L-6502-
Verizon vs N. Brunswick Twnshp Compel 243 WD 15
L-4606-Vidrevich vs Held-Goetaz Ext Disc; Adj Arb 742 GRANT
15 L-10801-
Vilichka vs Twnshp of Woodbridge SJ 120 settled 14
L-10801-Vilichka vs Twnshp of Woodbridge Ext Disc 287 settled
14 L-10801-
Vilichka vs Twnshp of Woodbridge Cross-SJ 868 settled 14
L-6204- Vivona vs Virtua Voorheed Medical 14 Center Dismiss Complaint 72 GRANT
L-6204- Vivona vs Virtua Voorheed Medical Dismiss Complaint 249
GRANT 14 Center L-6117-
Sherman vs Peteet SJ 31 xfer Paley 15
LORD, KOBRIN, ALVAREZ & FATTELL, LLC JEFFREYS. FATTELL, ESQ. Atty I.D. 02754-2008 1283 ROUTE 22 EAST
FILED .,, 20,1
JUOOIMiCHfB. A. roro MOUNTAINSIDE, NJ 07092 (908)232-7666 Attorney(s for Plaintiff JEANELLE ANGELES
Plaintiff(s),
vs.
LEN CADEAU, RYDER TRUCK RENTAL, APOGEE RETAIL, LLC, JOHN DOE 1-4, JANE DOE 1-4, ABC CORP.I-IO AND XYZ CO. 1-10 (said names being fictitious as true identities are unlmown at this time)
Defendant(s).
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO.: MID-L-2506-16 4 /l,f
CIVIL ACTION
ORDER SUPPRESSING DEFENDANTS ANSWER AND DEFENSES WITHOUT
PREJUDICE FOR FAILURE TO PROVIDE DISCOVERY PER RULE 4:23-S(a)(2)
THIS MATTER having been placed before the Court by the Law Offices of Lord,
Kobrin, Alvarez & Fattell, LLC, attorney for the plaintiff, Jeanelle Angeles; and the Court
having considered the moving papers of the parties; and for good cause shown;
ORDERED that defendants, Len Cadeau, Ryder Truck Rental, Apogee Retail, LLC,
Answer and defenses be and hereby are suppressed without prejudice for failure to provide
discovery; and it is further
ORDERED that a copy of the within Order be served upon all pmiies of records within
l days of the date hereof.
__ Opposed
__ Unopposed
· ,J.S.C. MICHAEL A. TOTO, J.S.C.
CAMPBELL, FOLEY, DELANO & ADAMS, LLC. STEPHEN CZESLOWSKl-040081999 601 BANGS AVENUE P. 0. Box 1040 ASBURY PARK, NEW JERSEY 07712-1040 Telephone: (732) 775-6520 Attorneys for Defendants, Jean Our File No. 1-38, 077-SCZ
Plaintiff
JOHN J. AULERT
vs.
Defendants
PAUL B. JEAN, ANN M. REGAN-JEAN,
JOHN DOES 1-10(fictitious names, true
names presently unknown), ABC-XYZ
CORPS. (fictitious names, true names
presently unknown)
FILED ttAR tizo,,
., ___ ,lOJO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION
MIDDLESEX COUNTY
DOCKET NO. MID-L-4907-15
Civil Action
ORDER TO EXTEND DISCOVERY FOR EXCEPTIONAL CIRCUMSTANCES AND ADJOURN ARBITRATION HEARING
The above entitled matter having been opened to the Court on March 17, 2017, by Campbell, Foley,
Delano & Adams, L.L.C., attorneys for the defendants, Paul B. Jean and Ann M. Regan-Jean, on motion to
extend discovery until May 25, 2017 for exceptional circumstances and Adjourn Arbitration hearing, and it
appearing to the satisfaction of the Court that the motion may be granted, it is hereby
ORDERED on this / day of , 2017, that the discovery be and is hereby extended l.la
until May-ze-, 2017; and it is further
ORDERED that the following items of discovery are to be completed on or before the dates listed below:
a. Defendant's expert medical reports are to be served by
b. New Discovery End Date
and it is further
4/26/17
5/25/17
ORDERED that the Arbitration scheduled for May 10, 2017 be adjourned until after the New Discovery 2..\.
End date of May·i25', 2017; and it is
in this action and upon parties appearing pro se.
ORDERED THAT ARBITRATION
HALL BE SCHEDULED FOR :~JiH t 3, zo 17
opposed 4,
unopposed Z:
Dated: February 27, 2017
MICHAEL A. TOTO, J.S.C.
PAPERS CONSIDERED
K Notice of Motion ~ Movant's Affidavits __ ,,,_.. Movant's Brief __ Answering Brief __ Answering Affidavits __ Cross Motion __ Movant's Reply __ Other ___ _
J.S.C.
FRANK A. TOBIAS, ESQ., LLC (Bar ID #032191992) 1107 Conve1y Boulevard Perth Amboy, New Jersey 08861 (732) 324-7777 Attorneys for Plaintiff
JOHN AULERT
Plaintiff,
-vs-
PAUL B. JEAN, ANN M. REGAN-JEAN, JOHN DOES 1-10 (fictitious names, true names presently unknown), ABC-XYZ CORPS. (fictitious names, true names presently
Defendants.
: SUPERIOR COURT OF NEW JERSEY : LAW DIVISION:MIDDLESEX :COUNTY : DOCKET NO.: MID-L-4907-15
Civil Action
ORDER EXTENDING DISCOVERY AND ADJOURNING ARBITRATION
THIS MATTER having been brought before the Court on application of Frank A.
Tobias, Esq., attorney for plaintiff in the within action, for an Order Extending Discovery and
adjourning arbitration, and the Court having considered the papers being submitted and for
good cause having been shown;
ITIS ON THIS
ORDERED that discovery be and hereby is extended in this matter for sixty (60) days, to
May 26, 2017 and the following discovery scheduled shall be conducted:
Plaintifrs expert reports to be served upon defense counsel by:
Defense IME reports to be served upon plaintifrs Counsel by:
All discovery ends on:
April 15, 2017
May 15, 2017
May 26, 2017
IT IS FURTHER ()RDERED that a copy of this Order be served' upon all counsel of record
within. ____ days from the date this Order is signed. _ .... -·"")
"" ,-/
/
/', /
0;.>
,,:::/ J.S.C.
MICHAEL A. TOTO, J.s.c. Opposing Papers Filed: Yes __ No __
ORDERED THAT ARBITRATION
SHALL BE SCHEDULED FOR
,.\4-0 L \ 3 (.,;) V7
FILED -·,r ·:-.·.,, ,.u,if David M. Hawkins, Esq. Attorney ID No. 276821972 ,JUDGEMOl4a. A:llJrO PURCELL, MULCAHY, HAWKINS, FLANAGAN & LAWLESS LLC One Pluckemin Way P.O. Box 754 Bedminster, NJ 07921 T: (908) 658-3800 Attorneys for Defendants, Bhumika Patel (improperly pleaded as Bhumica Patel) and Y ogeshkum Patel Our File No: (637) 24541-H
NEAZAN AULDER, KEYRON JACKSON, her husband, per Quod, MALINE JACKSON,
Plaintiffs,
V.
BHUMIKA PATEL ( improperly pleaded as BHUMICA PATEL), YOGESHKUM PATEL, JOHN DOE (1-100) (fictitious names) ABC COMPANIES (1 - I 00) (fictitious entities),
Defendants.
: SUPERIOR COURT OF NEW JERSEY i LAW DIVISION: MIDDLESEX COUNTY [ DOCKET NO: MID-L-2603-16 IL ?,c;D : ::ff 7 ./ i CIVIL ACTION '
ORDER
THIS MATTER'S having been brought before the court by notice of motion by Purcell,
Mulcahy, Hawkins & Flanagan, LLC, attorneys for defendants, Bhumika Patel (improperly
pleaded as Bhumica Patel) and Y ogeshkum Patel, for an order compelling plaintiff to provide
more specific answers to interrogatories; and the court's having considered the moving papers of
the parties, and for good cause shown;
IT IS on this l day of , 2017;
ORDERED that plaintiff shall provide to defendants within ten (10) days hereof more
specific answers to uniform interrogatories, form A, nos. (10) and (1 '1 ), specifically identifying . '
the name, address and contact person to obtain N eazan Aulder' s employment records; and it is
further
ORDERED that a copy of the within order be served upon all counsel within
ten days of counsel's receipt hereof.
( ) opposed ( II'; unopposed
PAPERS CONSIDERED:
( ) Answering Papers ( ) (Affidavit, Brief) ( ) Notice of Motion ( ) Movant's Brief ( ) Reply Papers ( ) Movant's Affidavit ( ) Cross-motion ( ) Order
J.S.C.
~n!CHAE:L A TOTO, 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 N4R. f 1 Zflt7
JIJOGEMfCHAa A. lOTO Attorney for Defendant, New Jersey Manufacturers Insurance Company Our File: 1 C.7578CMB
.
MONICA BATES,
Plaintiff(s),
v.
SOMYA AGARWAL, GAURA V MITT AL, NEW JERSEY MANUFACTURERS INSURANCE COMP ANY, JOHN DOE 1-X (said names being fictitious, true names presently unknown) ABC CORP. 1-X (said names being fictitious, true name presently unknown),
Defendant(s),
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
Docket No: MID-L-6709-16
Civil Action
ORDER
THIS MATTER, having been open to the Court by the Camassa Law Firm, P.C. and the
Court having reviewed the moving papers, and the opposition, if any, and for good cause shown, 1,
Itis on this_i _i day of __________ , 2017,
ORDERED that defendant, New Jersey Manufacturers Insurance Company's motion for
patiial summary judgment is GRANTED; and it is fmiher
ORDERED that the Fourth Count, Fifth Count and any claims of bad faith asserted
against New Jersey Manufacturers Insurance Company set forth in the Complaint of plaintiff,
Monica Bates, with respect to the payment or non-paymermt of personal injury protection
("PIP") benefits, are hereby dismissed with prejudice; and it is further
ORDERED that the punitive relief sought by plaintiff, Monica Bates, against New Jersey
Manufacturers lnsurance Company as set forth in the Complaint is hereby dismissed with
prejudice; and ' '' '
IT IS FURTHER ORDERED that a copy of the within order be served upopall'pai'ffes'of
/ record within 7 days of the date hereof.
J.S.C.
OPPOSED
/' .::_ UNOPPOSED
MICHAEL A. TOTO, J.S.C,
Michael J. Kontos, Esq. - ID#: 014272005 WIDMAN, COONEY, WILSON, McGANN & FITTERER 1803 Highway 35 Oakhurst, New Jersey 07755 (732) 531-4141 '
MAR 10 2017
JUDGE MICHAEL A T0To
ATTORNEYS FOR Defendants, JFK Medical Center, Elfred Fernandez, RN, & Dr. Punam lJas,,
DORINDA E. BOCK, AS EXECUTRIX AD SUPERIOR COURT OF NEW JERSEY PROSEQUENDUM OF THE HEIRS AT LAW OF DORIS BOCK, DECEASED, AS LAW DIVISION EXECUTRIX OF THE ESTATE OF DORIS MIDDLESEX COUNTY BOCK, DECEASED and INDIVIDUALLY,
Plaintiffs, Docket No.: MID-L-4809-13 V.
JFK MEDICAL CENTER, DR. EDDY SIMON, ELFRED FERNANDEZ, R.N., DR. ANGELO RANCANIELLO, DR. DASS, DR. SYED A. SIDDIQ, DR. MOHAMMAD IBRAHIM, DR. ASIF BASHIR, DR. MUHAMMAD ZUBAIR, BETHANY V ARV ARELIS, R.N., COLLEEN CALLAHAN, R.N., RANILO FUENTES, R.N., STEPHANIE KUSHNER, R.N., MARY BENJAMIN, R.N., CONNIE ALVADAR, R.N., JOHN DOE DOCTORS A through Z (Names Being Fictitious), JANE DOE NURSES, A through Z (Names Being Fictitious), ABC CAREGIVERS 1 through 100, (Names Being Fictitious), ABC CORPORATIONS, 1 through 100, (Names Being Fictitious),
Defendants.
Civil Action
ORDER
THIS MATTER, having b~en opened to the Court upon application of Widman,
Cooney, Wilson, McGann & Fitterer, attorneys for defendants, JFK Medical Center, Elfred
Fernandez, RN, and Dr. Punam Dass for an ORDER for Summary Judgment, and the court
having considered the matter; and for good cause shown;
/01- H I IT IS, on this-~----- day ofltK "I 2,017
, 2016,
1> E: /\i I eP f_,,, r -1-tM ORDERED ('that Summary Judgmei;tt br, and same he1eby is,entered-in favor-of
,t05Df/~ wt wv\-i,\ I.fl ·-!iv 6lfft~(.,[;tal VYlJiH!Or()Y)J,/Jwi, defoaclatrt, Dr. P1,1Ham-D11ss; and it-i-s-f~
IT IS FURTHER ORDERED that a copy of the within Order be served upon all
counsel of record within
This Motion was:
~Ix'.'-"·~· ~opposed
~~~_unopposed
< days of the entry of same.
< •
MICHAEL A. TOTO, J.S.C.
BLUMBERG & WOLK, LLC 158 Delaware Street P. 0. Box68 Woodbury, New Jersey 08096 (856) 848-7472
IFuLED MA:? t 11 ,,,w,
U tvil
JUDGE M!CH/\1::' A "m.,.,., "'" • 1\.r1V'
ff-, //f} 0
DJD&,jtl
Attorneys for Defendant, Eddy Simon, M.D. (CMW Bar No:021832007)
DORINDA E. BOCK, AS EXECUTRIX AD PROSEQUENDUM OF THE HEIRS AT LAW OF DORIS BOCK, DECEASED, AS EXECUTRIX OF THE ESTATE OF DORIS BOCK, DECASED AND INDIVIDUALLY,
Plaintiff, Vs.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLSEX COUNTY DOCKET NO. MID-L-4809-13
CIVIL ACTION
Dt~'I INC1 PROPOSED ORDER GRJtNTfNG
SUMMARY JUDGEMENT ON BEHALF JFK MEDICAL CENTER, DR. EDDY OF DEFENDANT, EDDY SIMON, M.D. SIMON, ELFRED FERNANDEZ, R.N., DR. ANGELO RANCANIELLO, DR. DASS, DR. SYED A. SIDDIQ, DR. MOHAMMAD IBRAHIM, DR. ASIF BASHIR, DR. MUHAMMAD ZUBAIR, BETHANYVARVARELIS, R.N., COLLEN CALLAHAN, R.N., et al.,
Defendants.
THIS MATTER having been opened to the Court on cross motion of
Blumberg & Wolk, LLC attorneys for defendant, Eddy Simon, M.D., for an Order
!!;ranting summary judgement on behalf of defendant, Eddy Simony, M.D., and the
Court having reviewed the submissions of Counsel, and the Court having found
l!;Oodcause,
I ., fv\1\12..C'ti IT IS ON THIS O' DAY OF J~*R'Y, 2017
l)~~n\~ m-{~ -1-v~ ORDERED that summary judgement be and is hereby ,g · =-of rei\..lbvtS :;e+ ·fol"tJ,\ i11 #tt £\\iitLN<l VVW-¥J1oraJ1 d U:r»
~ef.endit-Ht,2-E4;Ly.~R;--l,\4.D., •hereby dismissing, with p.r.ejudfr:.e,-pkrintiffs
eetr1:plainrarrdmry·and-·an·cTns-s0-claims-assertea-agaim;t.defendant,Edcfy_Simon,
M.D., in tll.is aciion-; and it is
FURTHER ORDERED that a copy of this order shall be served upon all
Counsel within ( 7) days of receipt of same.
/
_MICHAELA. TOTO, J.S.C.
04925 PFM/HKG/bwm December 14, 2016
Haley K. Grieco, Esq. 040442010 MATTIA & MCBRIDE, P.C. 401 Hamburg Turnpike - Suite 205 Wayne, New Jersey 07470 (973) 942-8200
II'"'•. - ~ Ir fJ IJ.. v.:;; /i,;I
MA~fn~,,, .. IJ ~..,,,
ATTORNEYS FOR DEFENDANT, SYED A. SIDDIQ, M.D.
DORINDA E. BOCK, AS EXECUTRIX AD PROSEQUENDUM OF THE HEIRS AT LAW OF DORIS BOCK, DECEASED, AS EXECUTRIX OF THE ESTATE OF DORIS BOCK, DECEASED, INDIVIDUALLY
Plaintiffs,
vs.
JFK MEDICAL CENTER; DR. EDDY SIMON; ELFRED FERNANDEZ, R.N.; DR. ANGELO RANCANIELLO; DR. DASS; DR. SYED A. SIDDIQ; DR. MOHAMMAD IBRAHIM; DR. ASIF BASHIR; DR. MUHAMMAD ZUBAIR; BETHANY V ARV ARELIS, R.N.; COLLEEN CALLAHAN, R.N.; RANILO FUENTES, R.N.; STEPHANIE KUSHNER, R.N.; MARY BENJAMIN, R.N.; CONNIE ALVARDAR, R.N.; JOHN DOE DOCTORS A THROUGH Z, (Names Being Fictitious), JANE DOE NURSES, A THROUGH Z, (Names being Fictitious), ABC CAREGIVERS, 1 THROUGH 100, (Names being Fictitious), ABC CORPORATIONS, 1 THROUGH 100, (Names Being Fictitious)
Defendants.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NUMBER: MID-L-4809-13
Civil Action
DeNlllNEi ORDER GrutNTING:SUMMARY
JUDGMENT AS TO DEFENDANT, SYED SIDDIQ, M.D.
1:t :?&~·· 6 I/ ol"f 1-:::;--
THIS MATTER having been opened to the Court on cross motion of Mattia & McBride,
P.C. (by Haley K. Grieco, Esq.), attorneys for defendant, Syed Siddiq, M.D., for an Order
granting summary judgment as to defendant, Syed Siddiq, M.D., and the Court having
considered the submissions of counsel, and for good cause shown;
croos-claimr..ass@rt~J3&-t!ef-ertt!tt:ttt,:8YED SIDDI~, M.D., in this action; and it is further
ORDERED that a conformed copy of the within Order shall be served upon all counsel
of record within seven (7) days of its entry hereof.
,.---··•""?
///~~~-'--) ,.,./;. .. c""-·~-' /'/
•• c" .,,
/ ./,;,.,·· '
MICHAEL A. TOTO, J.S.C.
();) Opposed ( ) Unopposed
BY ORDER OF THE COURT State ofNew Jersey,
Dorinda E. Bock
Plaintiff(s), V.
JFK Medical Center, Dr. Eddy Simon, Dr. Punam Dass, Dr. Syed A. : Siddiq, et al
Defendant(s).
I. INTRODUCTION
SUPERIOR COURT OF NEW JERSEY COUNTY OF MIDDLESEX LAW DIVISION
CIVIL ACTION Docket No. MID- L-4809-13
Memorandum on Motions for Summary Judgment
The Defendants JFK Medical Center, Elfred Fernandez, and Dr. Punam Dass
(collectively referred to as "JFK Medical Center"), move for summary judgment in connection
with Plaintiffs Dorinda E. Bock's Complaint, which alleges deviation from standard of care that
increased the risk of harm from plaintiffs pre-existing condition. Defendant Dr. Syed Siddiq
("Siddiq") and Defendant Eddy Simon ("Simon") also filed cross motions for summary
judgment. Since these motions assert almost identical arguments, these motions will be
addressed in tandem.
II. FACTS
On April 3, 2011 Plaintiff Bock, a 70 year-old woman, arrived at JFK Medical Center
Emergency Department with an intracranial hemoffhage (ICH) and was later admitted to ICU to
consult with Defendants for treatment and attention. An order was written for 15-minute blood
pressure checks between 2057 hours and 2150 hours, elevation of the head of the bed to 30 degrees,
and two units of a single donor platelets to be infused over 30 minutes STAT. Def. JFK Br. Ex. C.
1
Plaintiffs blood pressure elevation was noted at 2203 hours to 2343 hours, contrary to the
order. Def. JFK Br. Ex. C. There was also a recorded change in Plaintiffs mental status and
decreased level of alertness at 2150 hours, or around the period of marked elevation of blood
pressure. Def. JFK Br. Ex. C. Platelets were initially ordered at 8:20 pm, however, an incorrect
order of "packed cells" STAT was placed at 8:30 pm instead of platelets. The platelets were
ordered at 9:19 pm without a designation of "STAT." Pl. Br. Ex. 11. During the time of initial
mental status change, the Plaintiff was placed in a flat position, rather than an elevated position
required by the order. The Plaintiffs hematoma ultimately expanded and the family made a
decision for terminal extubation the following morning, April 4, 2011. Plaintiff Ms. Bock expired
on April 4, 2011 at 1655 hours.
III. ANALYSIS
Defendant JFK Medical Center contends that it is entitled to summary judgment for two
reasons. First, it maintains that this matter falls into a category of cases in which a plaintiff with a
pre-existing condition combined with the defendant's alleged negligence resulted in harm; and
therefore, the Plaintiff is required to show that the alleged deviation in standard of care increased
the risk of harm from Plaintiffs pre-existing condition. Second, Defendant JFK Medical Center
argues that medical expert testimony is required in deviation of standard cases with respect to
medical treatment. Similarly, Defendant Siddiq contends in his cross motion that although Plaintiff
provided expe1i testimony establishing the standard of care, the Plaintiff is unable to establish that
any deviation from the standard of care increased the risk of harm to Plaintiff. Specifically,
Defendant Siddiq relies on Dr. Salamon's deposition in which he explains that the expansion of
the hematoma, which ultimately caused Plaintiffs death, could have occurred absent any deviation
from standard of care.
2
Lastly, Defendant Simon asserts in his cross motion that Plaintiffs own expert, Dr.
Salamon, stated that the injuries in this case could have happened regardless of any deviations;
and therefore, Dr. Salamon did not testify within a reasonable medical certainty that but for the
failure of the Defendant to properly monitor and treat patient, the patient would have survived.
In opposition, Plaintiff argues that summary judgment is inappropriate at this juncture,
because material issues of fact exist. Specifically, Plaintiff argues that Scafidi v. Seiler (citations
omitted) refers to cases when the ultimate hmm would have occurred without regard to
Defendant's negligence, and solely as a result of Plaintiffs pre-existing condition. Additionally,
Plaintiff contends that Defendants ignored the testimony of Dr. Salamon, who opined that
deviations increased the harm to Plaintiff Bock.
To establish a prima facie case of medical malpractice, the plaintiff must prove: (I) the
applicable standard of care, (2) whether Defendants deviated from that standard of care; and (3)
whether any alleged deviation is causally related to any damages suffered. It is well settled that a
plaintiff cannot prove a prima facie case of medical malpractice if that plaintiff fails to establish a
standm·d of care through expert medical testimony. See Fernandez v. Baruch, 52 N.J. 127, 131
(1968); see also Germann v. Matriss, 55 N.J. 193, 208 (1970); Schueler v. Strelinger, 43 N.J. 330,
344 (1964).
Here, Plaintiff presented expert testimony from Dr. Elliot Salamon and Dr. Diane M.
Sixsmith as both doctors were deposed and provided reports. Viewing the evidence in the light
most favorable to Plaintiff, a reasonable factfinder could conclude that Defendants deviated from
standard of care by failing to monitor and record blood pressure every 15-minutes, failing to
elevate the head of the bed to 30 degrees, and failing to timely administer platelets, which
ultimately increased the risk of hmm done to Plaintiff. Doctor Salamon testified:
3
Q: Did Dr. Dass comply with the standard of care in her treatment of Mrs. Bock during Mrs. Bock's hospitalization?
A: Her initial assessment and plan were conect.
Q: Did Dr. Dass deviate from accepted standards of care after Dr. Dass' initial assessment and plan?
A: I believe there could have been a better degree of follow up of this patient in the time after the initial assessment and plan.
Def. JFK Br., Ex. G, at 31:14-25.
Q: You said that Dr. Dass could have done something better to follow up. And does
that mean that the follow up that she did or did not do deviated from the accepted standards of care?
A: There were things that could have been done better in terms of her follow up on
this patient.
Q: Okay. But does that mean she deviated by not doing things that could have been
done better?
A: I would say that she was acting appropriately for her level of training at the time.
Def. JFK Br. Ex. G, at 32:23-33:12.
Q: Doctor, I would like you to look at the order sheet again. So the orders that Dr.
Dass gave when she initially examined the patient I believe you said were within
the standard of care, the orders themselves-
A: Conect.
Def. JFK Br. Ex. G, at 112:7-11.
However, Dr. Sixsmith stated in her report, "it is my opinion that JFK Medical Center and its
agents deviated from the accepted standards of care in failing to administer platelets as ordered in
a timely fashion. Such deviations increased the risk of harm done to Mrs. Bock that resulted in her
death." Pl. Br. Ex. 12. In addition, Dr. Salamon also testifies:
Q: In Mrs. Bock's situation once the bleed stmted, the initial one, was there any
intervention that is could have stopped her neurological deterioration and death?
A: I believe that by controlling the blood pressure sooner and perhaps by the administration of platelets that there could have been prevention of an expansion of
her hematoma and ultimately of her death.
4
Def. JFK Br. Ex. G, at 75:12-20.
There is a clear issue of material fact as to whether Defendants deviated from the standard of care.
Lastly, for the sake of brevity, the Court will not engage in a lengthy analysis of whether
the "increased risk" test applies here. In cases where a Plaintiff has a pre-existing condition, a
physician's negligence is said to have "increased the risk" that hm·m will develop from the pre
existing condition. See Anderson v. Picciotti, 144 N.J. 195, 206 (1996); Scadifi v. Seiler, 119 N.J.
93, 102, 108-109 (1990). The "increased risk" must also be a "substantial" factor in causing the
ultimate injury. See Gardner v. Pawliw, 150 N.J. 359, 375 (1997). The "increased risk" themy only
applies where there is a chance that the plaintiffs ultimate harm might have occurred solely as a
result from plaintiffs pre-existing condition. Scadifi 119 N.J. at 111-13. It does not apply if the
ultimate harm could not have occuned absent the physician's negligence. Tindal v. Smith, 299
N.J. Super. 123, 135 (App. Div. 1996).
Here, Plaintiff Bock was admitted to JFK Medical Center Emergency Center with an
intracranial hemorrhage (ICH). Dr. Salamon explained that because Plaintiff Sock's "hematoma
was small, her neurological exam was essentially normal, and the location of the hematoma was
super-tentorial which also portrays a good prognosis." (Def. JFK Br. Ex. G, at 112:1-6). Dr.
Salamon also testified:
Q: Can we agree that expansion ofhematomas can occur spontaneously?
A: Yes.
Q: Can we agree that expansion of the hematoma was a spontaneous hematoma as
it was a result of an increase in blood pressure?
A: We don't know that. The reason we don't know that is we don't have
documentation of the blood pressure during the critical period of time.
Def. JFK Br. Ex. G, at 41 :16-44:4
Q: Once again that blood pressure of 198 over 128 could have been caused by just the expansion of the hematoma itself?
5
A: It could have, we don't know what the blood pressure was building up to that point, so it is impossible to know if that was a singular increase in blood pressure or whether there was a gradual increase of blood pressure up to that point. Q: By the way, Mrs. Bock's increase or expansion of the hematoma could have just as likely occmTed if there was no deviation from the standard of care? A: That's correct.
Def. JFK Br. Ex. G, at 42:22-43: 11.
Q: ... When you saw from the medical perspective, what are you talking about?
A: What I mean is that while it is possible for a hem01Thage to cause a rapid spike
in blood pressure, it is also likely, perhaps even more likely the patient gradually increases their pressure.
Q: That's based on your experience in medicine?
A: That is correct.
Q: And Doctor, when the patient came into the hospital with this ICH, what was
her prognosis at that time?
A: It was very good.
Q: And if you plugged in all of the elements su1Tounding this particular patient as
she came into the emergency room, what would you be looking at?
A: In terms of the ICH score are you refening to?
Q: Yes.
A: This would have a very good morbidity and mortality associated.
Q: Why would that be?
A: Because the hematoma was small, her neurological exam was essentially
normal, and the location of the hematoma was super-tentorial which also portrays a good prognosis.
Def. JFK Br. Ex. G, at 111 :2-112:6.
In addition, Dr. Sixsmith stated:
A: I'll tell you what I have an opinion on, it took much longer than it should have,
because the original order for this was not for platelets, it was for packed cells, and
the blood bank didn't even know platelets were necessary until fully, I think, 45 minutes after the original order had been made. So we know that at least 45 minutes
was wasted because the nurse transmitted the incorrect order. So for that, we know
we - the platelets could have been obtained from somewhere 45 minutes sooner
than they were, and based on how long it took, I do know that when the request
came out and the platelets came back, it seemed to be it took- I don't know exactly,
I'd have to refer to the order sheet.
6
Def. Siddiq Br. Ex. C, at 47:19-48:13.
A: Well, we'd certainly have more information if blood pressures had been done, which they weren't done, which might have given us some valuable information about which was the chicken and which was the egg, but it's quite inconceivable
that with minimal increase in intracerebral pressure such as her initial hemorrhage, and we know that there was because of the surrounding edema, it can elevate blood pressure which if uncontrolled can cause bleeding, so we don't know what her blood pressure was, so I can't answer that question definitely, but we know that the one hope for minimizing the expansion of the hematoma is to control her blood pressure, and that was not done.
Def. Siddiq Br. Ex. C, at 51 :7-23.
Although Dr. Salamon stated that the expansion of a hematoma could occur absent any
deviation from the standard of care, Dr. Salamon and Dr. Sixsmith also provided statements to the
contrary during their depositions. Under the circumstances, the Court cannot conclude at this time
that this case falls within the "increased risk" standard.
In short, a genuine dispute of material fact exists as to whether Defendants' actions in the
underlying matter amounted to deviation from the standard of care in treatment of Plaintiff Bock.
Accordingly, the Defendants' Motions for Summary Judgment are DENIED.
IV. CONCLUSION
In light of the foregoing, Defendant JFK Medical Center's Motion for Summary Judgment
is DENIED, Defendant Syed Siddiq's Cross Motion for Summary Judgment is DENIED, and
Defendant Eddy Simon's Cross Motion for Summary Judgment is DENIED.
7
Law Offices of Peter S. Kollory 1628 Oak Tree Road, Suite Five Edison, New Jersey 08820 Phone: 732-906-1010 Facsimile: 732-906-1054 Email: [email protected] Attorney for Plaintiff
Estate of Geeta Kollory, Peter S. Kollory, Individually, and as
Administrator Ad Prosequendum Plaintiffs,
Vs.
Robert Wood Johnson University Hospital, Dr. Alpesh Patel,
And ,John Does, I through XXX, Defendants.
FBlED MAR 1 7 2017
JUDGE MICHACL A. rc·:"O
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, MIDDLESEX COUNTY
Docket No. Mid-L-2804-16
Civil Actio~yY
Order
THIS MATTER having been brought before the Court by Law
Offices of Peter S. Kollory, attorney for Plaintiffs, seeking an
Order finding that the Motion to Reinstate the matter to active
trial calendar, and the court having considered the matter and
good cause appearing,
IT IS on this Day of V\o.vVA , 2017;
ORDERED, that the Motion to Reinstate the action to active
trial calendar is hereby granted;
ORDERED, that the movant shall file a complaint against all
Days
from the date of this Order, or before the expiration of the
applicable statute of limitations, whichever is later;
ORDERED that a copy of this Order shall be served upon all
counsel of records within :) I
Days of the date hereof.
MICHAEL A TOTO, J.s.t. 8 • c.
Opposed
Unopposed
VLASAC & SHMARUK, LLC Yelena Kofman-Delgado, Esq. 467 Middlesex A venue Metuchen, New Jersey 08840 (732) 494-3600 Attorneys for Plaintiffs
CHILD M, a minor by her g/a/1 R.M., and R.M. and Z.P., Individually
Plaintiffs
vs.
JASON FENNES, CEDAR HILL PREP SCHOOL, JASON FENNES, CEDAR HILL PREP SCHOOL, WILLIAM MASON ELEMENTARY SCHOOL, MONTVILLE TOWNSHIP PUBLIC SCHOOLS, MONTVILLE BOARD OF EDUCATION and JOHN DOE(S) #1-5, 5-10, 11-15 (inclusive, fictitiously named defendants), ABC CORPS #1-5, 5-JO, 11-15 (inclusive, fictitiously named defendants) jointly & severally,
Defendants
FILED NAR '1 2011
JIJDGEMICHAa. A. lOro
SUPERIOR COURT OF NEW JERSEY LAW DIVISION- MIDDLESEX COUNTY
DOCKET NO: MID-L-6011-12
Civil Action
ORDER
THIS MATTER, having been opened before the Court on application of YELENA
KOFMAN-DELGADO, ESQ. of the law firm ofVlasac & Shmaruk, attorneys for plaintiffs, and
the Court having considered the matter and with good cause shown:
IT IS ON THIS i 'l DAY OF , 2017, hereby
0 RD ERED that-the.'!tay-be-lifted-and-thi1Hnatte1'-he-plaeed,m·the1rial-calenda1y3nd it is
FURTHER ORDERED that and that a signed copy of the within Order be served on all ;
counsel within \ days of the date hereof. ---
Opposed __ J_ Unopposed __ J.S.C.
MICHAEL A. TOTO, J.S.C.
\)
LAW OFFlCE5
LUTZ, SHAFRANSKI, GORMAN & MAHONEY, P.A.
77 LIVINGSTON AVE:NUE P.O. BO)( 596
NE:W BRUNSWICK. N . .J. 08903
LUTZ, SHAFRANSKI, GORMAN and MAHONEY, P.A. 77 Livingston Avenue P.O. Box 596 New Brunswick, New Jersey 08903
FILED (732) 249-0444 MAR 11 ?.f.117 Attorneys for Plaintiff(s) Attorney Bar#: 024551983 JUDGl:MJCHAELA.lOTO
Plaintiff(s), SUPERIOR COURT OF NEW JERSEY LAW DIVISION - MIDDLESEX COUNTY
PASQUALE CATALFAMO, DOCKET NO. MID-L-4911-16 Administrator of the Estate of Daniel Catalfamo and Civil Action Administrator Ad Prosequendum of the Estate of Daniel ORDER Catalfamo; and PASQUALE CATALFAMO and BARBARA HERNANDEZ, Individually,
vs.
Defendant(s),
LOUISE T. SWALE; NEW JERSEY MANUFACTURERS INSURANCE COMPANY; KOHL'S DEPARTMENT STORES, INC.; JOHN DOE 1-10 (yet unidentified owner and/or operator of a motor vehicle who struck plaintiffs' decedent) ABC SECURITY COMPANY; and RICHARD ROE 1-lO(yet unidentified security company at Kohl's Department Stores, Inc. located on Route 18, East Brunswick, New Jersey, and its security guards) .
This matter having been brought before the Court on motion
of John R. Gorman, Esquire, for Lutz, Shafranski, Gorman &
Mahoney, P.A., attorneys for plaintiffs, for an Order permitting
the filing and service of a Second Amended Complaint, and the
Court having considered the matter and good cause appearing;
LAW OFFICES
LUTZ, SHAFRANSKI, GORMAN & MAHONEY, P.A.
77 LIVINGSTON AVENUE P.O. i30X 596
NEW SRUNSWICK, NJ 08903
IT IS on this day of 2017;
ORDERED that plaintiff be and is hereby permitted to file
and serve a Second Amended Complaint to include claims for
uninsured/underinsured motorist and Personal Injury Protection
benefits against Allstate New Jersey Insurance Company and GEICO
Insurance Company, along with subs ti tu ting Nikko Torres and
Matthew Reilly for Richard Roe 1 and 2, respectively; and it is
further
ORDERED that a copy of this Order be appended to the Second
Amended Complaint served upon Allstate New Jersey Insurance
Company, GEICO Insurance Company, Nikko Torres, and Matthew
Reilly; and it is further
ORDERED that a copy of the within Order shall be served
upon all counsel within seven days from the date hereof.
Opposed '{ Unopposed ---
MICHAEL A. TOTO, J.S.C.
Papers filed with the Court:
Answering papers Reply papers
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 l.D. No.: 012662008
FILED MAR l71017
JUOOEMICHAEL. A. IDT0
Attorney for Defendant, CLAUDIA J. GAMBOA-BASIDAS MARIA E. CRUZ, SUPERIOR COURT OF NEW JERSEY
Plaintiff, LAW DIVISION-MIDDLESEX COUNTY v.
CLAUDIA J. GAMBOA-BASIDAS, JESUS G. PAEZ, NEW JERSEY MANUFACTURERS, JOHN DOE ( 1-1 OO)(FICTITIOUS NAMES) and ABC COMPANIES (1-lOO)(FICTITIOUS NAMES),
Defendants.
DOCKETNO.: 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 day of , 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.
IT IS FURTHER ORDERED that a copy of this Order be served upon all counsel
within r1 days hereof.
J.S.C.
( ) Opposed ( fNot Opposed
MICHAEL A. TOTO, J.S.C.
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, New Jersey Manufacturers Insurance Company Our File: 1 C.6516-lJ
SOPHIA CIESIELSKI,
Plaintiff( s ),
v.
NEW JERSEY MANUFACTURERS INSURANCE COMPANY,
Defendant(s),
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
Docket No: MID-L-4108-16
Civil Action
ORDER
THIS MATTER, having been opened to the Court by the 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.2_ day of (!([cl NCA'( , 2017
ORDERED that the Complaint of plaintiff, Sophia Ciesielski, be dismissed for failure to appear
for depositions pursuant to Rule 4:23-4 and Rule 4:23-2 (b); and it is further
ORDERED that the Deposition of the plaintiff, Sophia Ciesielski, be taken at Robbins &
Robbins, 568 Amboy Avenue, Woodbridge, New Jersey on March 29, 2017 at 2 PM; and it is further
ORDERED that if plaintiff does not appear for the Court-Ordered deposition that their {vfif
testimony wi-H be barred at the time of arbitration and trial; 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
__:::... Unopposed
MICHAEL A. TOTO, J.S.C.
J.S.C.
HOAGLAND, LONGO MORAN, DUNST & DOIJKAS,LLP ATTORNEYS AT LAW
NORTH JERSEY 40PATffiSONST PO BOX 480 NEW BRUNS\MCK, NJ
SOUTH JERSEY 701 V\J1L TSEY'S MILL RD SUITE 202 HAMMONTON, NJ
41 -=/-! 'f
o3/t-c::i-/ Ir Thaddeus J. Hubert, IV, Esq. (ID# 20402010) HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP 40 Paterson Street, PO Box 480 New Brunswick, NJ 08903 (732) 545-4717 Attorneys for Defendant Philip G. Magdangal
FILE:,) ~AR ff 12011
JIJOGE MICHAEL A. mro Plaintiff, SUPERIOR COURT OF NEW JERSEY
MIDDLESEX COUNTY KATHERINE D. DEBELLO LAW DIVISION
vs. DOCKET NO. MID-L-4305-14
Defendants, CIVIL ACTION
PHILIP G. MAGDANGAL, RICHARD ROES 1- ORDER 10 (fictitious names), JOHN DOES 1-10 (fictitious names) and ABC COM PAN I ES, INC. 1-10 fictitious names
THIS MATTER being opened to the court by the law firm of Hoagland, Longo, Moran,
Duns! & Doukas, LLP, on Defendant Philip G. Magdangal's motion for an order enforcing
litigant's rights and the Social Security Administration having failed to comply with the Subpoena;
IT IS ON THE I ft day of (V\[l<CtJ , 2017,
ORDERED and adjudged that:
1. The Social Security Administration violated Defendant Philip G. Magdangal's
rights as a litigant;
2. The Social Security Administration shall immediately furnish a response as
required by the Subpoena;
3. If the Social Security Administration fails to comply with the Subpoena within ten
(10) days of the certified date of personal service or mailing of this order, ('./f), \1
Defendant ,shall- submit a letter to the court, copying plaintiff and the Social
Security Administration, requesting equitable relief defendant seems appropriate
such as fines, attorney fees and other just relief; ,,,'
Opposed _ _,...,._ Unopposed ~
//'~:;:-:;:
MICHAEL A. TOTO, J.S.C.
J.S.C.
BROEGE, NEUMANN, FISCHER & SHA VER
!FILED 25 Abe Voorhees Drive, Manasquan, New Jersey 08736 (732) 223-8484 Fax: (732) 223-2416 E-mail: [email protected] Attorneys for Thomas Ryan and Patricia M. Ryan M'itrJ
"' I 1 2017 Frank J. Fischer, Esq. 012021982 FF3328
EIGHTEEN LUMBER, INC.
Plaintiff
vs.
THOMAS E. RYAN and PATRICIAM. RYAN
Defendants
lUDGfMJC"•~ •t11eL A. roro
SUPERIOR COURT OF NEW JERSEY LAW DIVIS ON: MIDDLESEX COUNTY DOCKETNO. J._- Sv/o·- J1J JUDGMENTNO. J-017311-1998
ORDER CANCELING AND DISCHARGING OF RECORD A JUDGMENT
ORAL ARGUMENT WAIVED Hearing Date: Friday, March 17, 2017
This matter came to the attention of the Court upon the Motion of THOMAS E. RYAN
and PATRICIA M. RYAN, for entJ.y of an Order Canceling and Discharging a Judgment
against them in favor of Eighteen Lumber, Inc. The Court has read and considered all of the
papers filed in support of the Motion, as well as any papers filed in opposition, and considered
the argument presented and for good cause shown;
It is on this day of March, 2017
ORDERED AS FOLLOWS:
1. That the Motion of THOMAS E. RYAN and PATRICIA M. RYAN for entJ.y of an
Order canceling and Discharging a Judgment be and hereby is granted;
2. The Judgment held by Eighteen Lumber, Inc., which judgment is docketed as L-
008010-97 and entered in the Superior Court of the State of New Jersey, bearing judgment
number J-017311-1998, against THOMAS E. RYAN and PATRICIA M. RYAN, be and
hereby is canceled and discharged of record;
3. A copy of this Order shall be served upon counsel for Plaintiff no later than 30 days
from the date of its receipt by counsel for Defendants.
Opposed
Unopposed
Honorable ·",,,,;·::,/ v
MICHAEL A. TOTO, J.S.C.
,J.S.C.
0329043830. l-LNH
Law Offices of Pamela D. Hargrove DONALD THORNTON, ESQ. Identification No. 17961976 65 Jackson Drive, Suite 302 PO Box 2000 Cranford, NJ 07016-0200 Telephone: (908) 653-2185 Attorneys for Defendant(s): FELIX Y. KOROMA and SATELLITE WIZ, INC
MARVIN D. ELLIS
Plaintiff
vs.
FELIX Y. KOROMA, SATELLITE WIZ, INC., JOHN DOE I-X (said names being Fictitious, true names presently unknown); ABC CORP. I-X (said names being Fictitious, true names presently unknown); and DEF EMPLOYER I-X (said names being Fictitious, true names presently unknown),
Defendants
FILED MAR f 7 2017
JfJDGEMICHAEL A. TOTO
#=/·F2
C "/;-::;I ( 'f-
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO. MID-L-3209-16
CIVIL ACTION
ORDER TO DISMISS PLAINTIFF(S) COMPLAINT WITH PREJUDICE
This matter being opened to the Court, on March 17, 2017, pursuant to Rule I :6-2 and
Rule 1:6-3, by Donald Thornton, Esq. of the Law Offices of Pamela D. Hargrove attorney for the
Defendant(s), FELIX Y. KOROMA and SATELLITE WIZ, INC, for an Order:
TO DISMISS PLAINTIFF'S COMPLAINT WITH PREJUDICE and there having been
no opposition and good cause appearing;
CASE NO. MID-L-3209-16
It is on this --~r ~1
!--' __ day of _k~1l_.1(=d=Jc_~·. _['\~ __ , 2017, ORDERED that the
Plaintiff(s), MARVIN D. ELLIS, complaint be and hereby is dismissed with prejudice pursuant
to Rule 4:23-5(a)(2).
IT IS FURTHER ORDERED that a copy of this Order be served on the attorney(s) for all
parties within seven (7) days after the date it was signed.
/
J.S.C.
:VllCHAEL A. TOTO J S C MOTION WAS: ' . . .
OPPOSED ----
NOT OPPOSED ----
2
LAW OFFICES
LUTZ, SHAFRANSKI, GORMAN & MAHONEY, P.A.
77 LIVINGSTON AVENU£ P.O. SOX 596
I.JEW 13RUN5WICI<. N,J, 08903
Cf!-/ ). i
LUTZ, SHAFRANSKI, GORMAN AND MAHONEY, P.A. A Professional Corporation
0 2,;1:ct/!
77 Livingston Avenue 'P.O. Box 596 New Brunswick, New Jersey 08903 (732)249-0444 Attorney for Plaintiff
Plaintiff
MOHAMED S, ELSAYED
VS,
Defendant
VENUGOPAL MARRI
FILED ~,0J? V 7 2017
,JUDGE: MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION
: MIDDLESEX COUNTY
: DOCKET NO, L-901-16
CIVIL ACTION
ORDER
This matter having been opened to the Court upon application of John R.
Gorman, Esq., for the firm of Lutz, Shafranski, Gorman and Mahoney, P.A., counsel
for plaintiff, for an Order extending the discovery period, and the Court having
considered the moving papers, any papers in opposition, and for good cause shown;
It is on this / day of , 2017
ORDERED that the discovery period is extended to May 18, 2017; and
IT IS FURTHER ORDERED that plaintiffs counsel is to provide final medical
reports by April 18, 2017; and
IT IS FURTHER ORDERED that defense counsel is to provide any additional
medical reports by May 18, 2017; and
IT IS FURTHER ORDERED that a copy of this Order shall be served upon all
counsel of record within
Opposed ---r-Unopposed .J'
days hereof.
.. ,.,..,. JSC /" ,//
MICHAEL A. TOTO, J.S.C.
DRUCKMAN & HERNANDEZ, P.C. JONATHAN S. DRUCKMAN, ESQ. FILING ATTORNEY NO. 015171985 575 MORRIS AVE. ELIZABETH, NEW JERSEY 07208 908-353-5850 ATTORNEYS FOR PLAINTIFF
FILED UAR 17 2017
=p~1a~in~ti=ff~(s~).--------- SUPERIOR COURT OF NEW JERiW~EM/CHAf:t A. Toro LAW DIVISION: MIDDLESEX COUNTY
LORI FRIIS,
V.
Defendant(s),
MIGUEL A. OLIVERA; GLORIA OLIVERA; MICHAEL WYLKANOWITZ; ANKURKUMA PATEL; RA 300 EXECUTIVE DRIVE LLC; REXCORP; RXR PARTNERS, LLC; John Doe 1-X and Jane Roe 1-X, said names being fictitious.
DOCKET NO. MID-L-2101-16
CIVIL ACTION
ORDER
This matter having been opened to the Court by Jonathan S. Druckman, Esq., on behalf of the
law firm of Druckman & Hernandez, attorney for Plaintiff, Lori Friis, for an Order allowing the
Plaintiff to file and serve an amended complaint and the court having considered the moving
papers, and for good cause shown;
IT IS this 11 day of (VY/(ct/ 2017;
ORDERED that the Plaintiff is given leave to file and serve an amended complaint, in
the form annexed to the moving papers, naming Martin Contracting LLC, and ABM Janitorial
Services Northeast, Inc, as Defendants; and it is further;
ORDERED that pursuant to Rule 4:9-3, the amended complaint shall relate back to y
the date of the original filing of the complaint, and it is further;
ORDERED that a copy of this Order be served upon all counsel witt"lin . .7 ... d?ys of --:··= )
MIC'.-. 1t TOTO, J.S.C. PAPERS CONSIDERED:
~Notice of Motion ":_Movant's Affidavits _Movant's Reply Opposed __ _
Movant's Brief _Answering Affidavits Unopposed-'~--
_Answering Brief _Cross-Motion
Law Office of Robert A. Raskas 371 Hoes Lane, Suite 105 Piscataway, NJ 08854 (732) 981-1649 (Telephone) (732) 981-1657 (Fax) By: Teresa Valle, Esq./ 04242-2006
Attorney for Defendant, Christopher Mierzwiak and Christopher Mierzwiak JOSE MANUEL FANO, an individual SUPERIOR COURT OF NEW NEW JERSEY
-vs-
Plaintiff, / /
CHRISTOPHER J. MIERZWIAK, an individual ; and CHRISTOPHER S. MIERZWIAK, an individual ; JOHN DOE, a fictitiously named individual and ABC CO., a fictitiously named business entity
Defendants. I
LAW DIVISION: MIDDLESEX COUNTY DOCKETNO. MID-L-708-16
Civil Action
ORDER
This matter having been opened to the Court on Motion of Teresa Valle, Esq., attorney for
defendants, Christopher Mierzwiak and Christopher Mierzwiak, for an Order to Extend Discovery
one-hundred and twenty (120) days from March 17, 2017, and with the consent of our adversary,
and the Court having read and considered the moving papers, and for good cause appearing;
IT IS on this jJ_ day of (l1Ci~i((' I { , 2017:
ORDERED that deposition of plai~ar,;2017 is court ordered; and it is further
/'
/~
ORDERED that alldefe~se expert reports shall be served by July 13, 2017; and it is further _,,.,.../,_..,,,.
ORDsREDthat discovery end date be extended one-hundred and twenty (120) days to July 15, 2017;andit is further
ORDERED that a copy of the within Order be served on all counsel within_';-'-( __ days of the date hereof.
() Opposed (0 Unopposed MICHAEL A. TOTO, J.S.C.
J.S.C.
Filing Attorney- Stephen F. Lombardi, Esq. iling Attorney l.D. #018381980
LOMBARDI & LOMBARDI, P.A. 1862 Oak Tree Road P.O. Box 2065 Edison, New Jersey 08818 732-906-1500 Attorneys for Plaintiff File No.: 15-26841SFL
FD/LED M,1R 1 7 2nli
,JIJDGEMICHA!:L A. TOTO
1:1 tt i3
JOSE MANUEL FANO, an individual,
: SUPERIOR COURT OF NEW JERSEY : LAW DIVISION
Plaintiff
vs.
CHRISTOPH J. MIERZWIAK, an individual; and CHRISTOPH S. MIERZWIAK, an individual;
: MIDDLESEX COUNTY
: DOCKET NO.: MID-L-708-16
CIVIL ACTION
ORDER
JOHN DOE, a fictitiously named: individual and ABC CO., a fictitiously named business entity, :
Defendants
TIDS MATTER, having been opened to the court on Motion of Teresa Valle,
Esq., attorney for defendants, Christoph J. Mierzwiak and Christoph S. Mierzwiak, for an
Order extending the discovery end date herein, and via Cross Motion of Stephen F.
Lombardi, Esq., attorneys for plaintiff, Jose Manuel Fano, for an Order compelling the
depositions of the defendants, and the court having read and considered the moving and
cross moving papers, and for good cause being shown;
IT IS ON THIS \ ,- DAY OF MARCH, 2017;
ORDERED that the plaintiff, Jose Manuel Fano, and the defendants, Christoph J.
Mierzwiak and Christoph S. Mierzwiak, be and are hereby compelled to appear for
deposition purposes on Thursday, May 11, 2017 at 2:00 p.m. at the law offices of
Lombardi & Lombardi, P.A., 1862 Oak Tree Road, Edison, New Jersey;
2017;
and it is further
ORDERED that all defense expert's reports shall be served herein by July 13,
and it is further
ORDERED that the discovery end date be and is hereby extended 120 days to
July 15, 2017; and it further
ORDERED that a copy of the within Order shall be served upon all counsel of
record herein within ___ r7 ___ days of the date hereof.
Opposed __ _ Unopposed-'¥=---
J.S.C.
MICHAEL A. TOTO. J.S.C.
PAPE RS CONSIDERED: ;> Notice of Motion
Movant's Affidavits Movant's Brief Answering Affidavits Answering Brief Cross-Motion Movant's Reply Other ------
R.1:6-2(t):
I-
The Court made oral written findings of fact and conclusions oflaw explaining its disposition of the Motion on
-----------'' 2017.
If no such findings have been made by the Court, appended hereto is a statement of reasons for the disposition of the Motion on
-------' 2017.
The Court concludes that explanation is not necessary or appropriate.
BROWN & CONNERY, LLP By: Shawn C. Huber, Esquire- 016611996 [email protected] 360 Haddon Avenue Westmont, NJ 08108 (856) 854-8900 Attorneys for Plaintiff, Fatima Foflonker Farooqi
FATIMA FOFLONKER FAROOQI, SUPERIOR COURT OF NEW JERSEY individually, and as LAW DIVISION Administratrix ad Prosequendum MIDDLESEX COUNTY and as General Administratrix o the Estate of Mahmoodul H. DOCKET NO. L-2001-15 Farooqi, Deceased,
Plaintiff,
v.
DIPINTO INTERNATIONAL LOGISTICS, INC.; DIPINTO BROTHERS TRANSPORTATION, INC.; DIPINTO LOGISTICS CORP.; DIPINTO BROTHERS GROUP OF COMPANIES; EDWIN DAVID LOZANO, by and through the Estate of Edwin David Lozano, Deceased; and JOH DOES I-X (fictitious names), jointly, severally, and in the alternative,
Defendants.
Civil Action
ORDER SUPPRESSING ANSWER
Returnable: 03/03/2017
THIS MATTER having been presented to the Court by Brown &
Connery, LLP, attorneys for plaintiff in this matter, for an
order suppressing defendants' answer with prejudice pursuant to
F<,_._ 4:23-2, and the Court having considered the matter and good
cause appearing;
1 2850978.vl
·if /'SS-
03/63//~-
Farooqi v. DiPinto Docket No. MID-L-2001-15 Page 2 of 2
IT IS on this~ day of 2017 ORDERED that:
1. Plaintiff's motion shall be and hereby is~~
;J ' The s1n.s:wen:: of cl1efte1:J:g;;n:i.t~ :Q:kPia.t;o Istornational
,Log is Eics, Inc. , DiPint.e :Brothors T:i;:a1:[email protected];igfl, I:@o: ; J;:iiPiF1to
Logistics Corp., DiPinLo Brothers Oraup o:E Cemf,aRiss· ::lYlr-l j!Qv"i:T-1, l ••
-failure to ooml§lly •.:it1a three oourt orders.·
, J.S.C. motion opposed ----
__ +"_motion unopposed MICHAEL A. TOTO, J.S.C.
2 2850978.v I
FILED MAR 1 7 2017
------------, JUDGE MICHAEL A TOTO FINE WALL CORPORATION SUPERIOR COURT OF NEW JERSEY
Plaintiff LAW DIVISION-MIDDLESEX COUNTY V.
M &H DOOR COMP ANY, INC. Defendant
Docket No. MID-L-4306-16 Civil Action
ORDER
This matter having been opened to the Court by Dean E. Weisgold, P.C., attorneys for
defendant, M&H Door Company, Inc., in accordance with R. 4:23-S(c) for an Order compelling
discovery from plaintiff Pine Wall Corporation, and the Motion having been submitted on the papers
pursuant to R. 1 :6-2; and the Coutt having reviewed the moving papers, and no objection having
been entered to a ruling on the papers, and for good cause shown;
i/') li"/fJt11·1 It is hereby ORDERED on this _I _r day of I V~(!k ·1 , 2017, that the plaintiff shall
serve full and complete responses, without objection, to defendant's Request to Produce and
Inte1rngatories by March 30, 2017.
It is FURTHER ORDERED that a copy of this Order shall be served upon all counsel of
record and utrrepresented parties within seven (7) days of the date hereof, //
[ ] Contested
[ ] Uncontested
J.S.C 0~1CHAEL A. TOTO, J.S.C.
RABB HAMILL, P.A. 284 AMBOY A VENUE WOODBRIDGE, NEW JERSEY 07095 (732) 636-9291 ATTORNEY FOR PLAINTIFF
CALVIN GILBERT,
Plaintiff,
vs.
SILPY KAR, NANDA KAR, RY AN KAR, MORAN TOWING, JOHN DOE, ABC CORP., and PROGRESSIVE INSURANCE COMPANY,
Defendants.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. MID-L-4509-16
CIVIL ACTION
ORDER
TIITS MATTER, having come before the Court on the application of Rabb Hamill,
P.A., attorney for the plaintiff, CAL VIN GILBERT, and the Comi having considered the
moving papers submitted in suppo1i thereof and in opposition thereto, and good cause having
been shown;
,f\ "''/! ii IT IS on this I 1
/ day of !f\!t/1~( /'(. 2017;
ORDERED that plaintiffs be and hereby are granted leave to file and serve a Second
Amended Complaint and Jury Demand to name Century Towing Inc, as a direct defendant in d Jo J, , 1 +vt0tl +1At d1sce1-rcr•/ e.v1tl tlak sh..a/1 -e KfL1'1.
the form annexed hereto; and it is; O~~~vM la-er /&, 2017~- tl/,ttl I i is.
FURTHER ORDERED that a copy of the within Order shall be served upon all paiiies
within __ days of the date hereof.
opposed _/~opposed
;cH,!\EL A. TOTO --J-8-
0------- J.s.c.
1 o o o
Gerald D. Siegel, Esq. (Attorney ID#03030-1978) LAW OFFICES SIEGEL & SIEGEL, P.C. 666 Plainsboro Road, Bldg. 100 Suite F Plainsboro, N. J. 08536 Tel. (609) 799-6066 Attorneys for Plaintiff, Gladys Gaisie
GLADYS GAISIE,
Plaintiff, vs.
AURELIA HILL, ANTOINETIE B. KUOH, PREMILA A. DSOUZA, NEIL F. DSOUZA,
Defendants.
and
AURELIA HILL, Plaintiff,
vs.
PREMILA DSOUZA AND NEIL DSOUZA,
Defendants.
Donald Thornton, Esq. Law Office of Pamela Hargrove P.O. Box 2000 Cranford, NJ 07016
Thomas J. Mooney, Esq. Gelfand Barone & Mooney 343 Thornall Street - Suite 650 Edison, NJ 08837
Robert W. Rubinstein, Esq. The Rubinstein Law Firm 1675 Whitehorse-Mercerville Rd. Suite 106 Hamilton, NJ 08619
SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY-LAW DIVISION
DOCKET NO.: MID-L-03404-15
_-}/ Jr CIVIL ACTION r( 1 ·
ORDER TO EXTEND DISCOVERY PURSUANT TOR. 4:24-1
This matter being opened to the Court by Law Offices Siegel & Siegel,
P.C., attorneys for Plaintiff, Gladys Gaisie, on Motion to Extend Discovery
until June 27, 2017, and it appearing to the satisfaction of the Court that the
Motion is granted for good cause shown;
IT IS on this -''1
day of 1 ' , 2017;
ORDERED that discovery be and hereby is extended until June 27, 2017;
IT IS FURTHER ORDERED that the following items of discovery are to be
completed on or before the dates listed below;
a. Plaintiff, Gladys Gaise, is to serve medical records from Dr. Kalman
Hirsch, Felix Geller, M.D., Lynne Zelch-Butan, LCSW within 30 days of the date
of this Order;
b. Plaintiff, Gladys Gaisie obtain any updated narrative medical report
from Dr. David Weiss and any narrative medical reports from Felix Geller, M.D.
and Lisa Sheppard, M.D within 60 days of the date of this Order;
c. The new discovery end date will be June 27, 2017;
IT IS FURTHER ORDERED that a copy of this Order shall be served within
7 days upon all attorneys of record in this action.
ORDERED THAT ARBITRATION
SHALL BE SCHEDULED FOR
Ads~, s{ 1 S 2011 J.S.C.
MICHAEL A. TOTO, J.S.C.
' '
Papers Considered: () Notice of Motion (1 Supporting Certification ( ) Opposing Certification ( ) Cross Motion ( ) Other
Opposed __ _ Unopposed ~
GREGORY P. HELFRICH & ASSOCIATES John J. Kapri, Esquire NJ Attorney ID: 0386ll984 180 River l{oad, First Floor Summit, NJ 07902 Tel No. (908) 918-3000
Employees of The Corporate Law Department State Fann Mutual Automobile Insurance Company Our File No: 16SUMM03757
ATTORNEYS FOR Defendant Alan Goldberg
Plaintiff MERRYL GOLDBERG
vs.
Defendants MARYROSE MAHONY, ROSEMARY MAHONY, ALAN GOLDBERG, CARLOS KJUNKURKASZ, JOHN DOE 1-10 (names being fictitious), JANE DOE 1-10 (names being fictitious), ABC CORP. 1-10 (names being fictitious)
i=ILf::D MAR 112011
JUDGE MICHAEL A
"· Toro SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO. MID L 6602-14
CIVIL ACTION
ORDER
The above entitled matter having been opened to the Court on March 17, 2017 by Jolrn J,
Kapp, attorney for Defendant, Alan Goldberg, and the Court having considered this matter, it is
hereby
ORDERED on this / j clay of (Va[' (:( , 2017 that Defendant, Carlos
Krinkurkasz, is hereby bared from testifying at the time of trial, and it is
FURTHER ORDERED that copies of this signed Order be served within j_ clays upon
all attorneys of record in this Action and upon parties appearing prose.
/~ 7 ,J.S.C.
MICHAEL A. TOTO, J.S.C.
PIRO, ZINNA, CIFELLI, PARIS & GENITEMPO, L.L.C. 360 Passaic Avenue Nutley, New Jersey 07110 (973) 661-0710 Kathryn Kyle Forman, Esq. - I.D. 905392012 Attorneys for Plaintiff
AMR HAFEZ,
Plaintiff,
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. :MID-L-03309 15
VS.
MACY'S WOODBRIDGE, MACY'S, INC: JILLIAN DOE (fictitious name),: JOHN DOES 1-10, and ABC CORPS 1-10 (fictitious: names representing unknown Defendants) ,
Defendant (s).
CIVIL
ORDER
THIS MATTER having been opened before the Court by Kathryn
Kyle Forman, Esq., of the law firm of Piro, Zinna, Cifelli, Paris
& Genitempo, LLC attorney for the Plaintiff, Amr Hafez upon
Plaintiff's Motion to Extend Discovery and the Court having
considering the matter herein, and for good cause having been
shown:
IT IS on this day of Vi/({i{1 ~\ , 2017
ORDERED that discovery end date in this matter is hereby
extended to April 10, 2017 to allow counsel to accommodate any
concerns that may arise regarding the availability of the non
party witness and/or counsel for the deposition scheduled for March
10, 2017; and it is further
ORDERED that a copy of this Order be served upon all counsel
within -----
Opposed ----7-
Unopposed ~
days of the date
MICHAEL A. TOTO, J.S.C.
SPEV ACK LAW OFFICES Attorneys at Law 525 Green Street Iselin, N.J. 08830 Phone No: (732) 636-3030 Attorneys for Plaintiff 216271 CIRA HERRERA,
PLAINTIFF,
vs.
) ) ) ) ) )
GENARO HERRERA, ERICK PLASENCIA, ) EUSEBIO PLASENCIA-ROSARIO AND "JOHN ) DOE" 1-lOAFICTITIOUSNAME, TRUENAME ) BEING UNKNOWN. )
DEFENDANTS. ) ) _______________ )
FILED NAR 1 l 20,7
JUDGE MICHAE/ ~A. roro
SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY
DOCKET NO.: MID-L-001206-16
CIVIL ACTION
ORDER TO EXTEND DISCOVERY FOR ONE HUNDRED AND FIFTY (150) DAYS
This matter having come before the Court upon the application of Ronald Wm. Spevack,
attorneys for Plaintiff, Cira Herrera, for an Order extending the Discovery End Date and the Court
having read the moving papers, and any papers filed in opposition thereto, and for good cause
shown;
IT IS on this ;I day of , 2017 ;
1. ORDERED that the Discovery End Date be and is hereby extended for a period of
one hundred and fifty (150) days until Angus! 31, 2017; and it is further
2. ORDERED that Plaintiffs post-operative IME and Expert's Repmt be completed
by August I, 2017; and it is further
3. ORDERED that the Defendant's Expert Report is due by August 31, 2017; and it is
fu1ther
4. ORDERED that a copy of the within Order, as filed with the Court, be served upon
the Defendant within eight (8) days of receipt by the Plaintiffs counsel.
___ Opposed
Unopposed ---
RWS:cb N216271
,;,:,<;;~;7 , r'
,.,.-"'}
MICHAEL A. TOTO, J.S.C. J.S.C.
PAULMANCUS0-021761982
DEBRA HART ALLAIRE CORPORATE CAMPUS 5006 BELMAR BLVD SUITE A WALL, NEW JERSEY 07727
(732) 378-4600 FAX: (732) 378-4426
ATTORNEY FOR: Defendant, JAE L BYUN
FANTASIA JOHNSON,
Plaintiff VS
JAE L BYEN andCURE AUTO INSURANCE,
Defendants
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. MID-L-7408-15
Civil Action
ORDER REOPENING AND EXTENDING DISCOVERY PERIOD Pursuant to Rule 4 :24-1 ( c)
THIS MATTER having been placed before the Comt by the LAW OFFICE OF
DEBRA HART, Esq., attorney for the defendant, JAE L BYUN; and the Comt having
considered the moving papers of the parties; and for good cause shown;
I. /) { A 1", I I IT IS, on this _r_ day of rV(1,\L I , 2017;
ORDERED that discovery be and is hereby reopened and the time for the completion of
discove1y is hereby extended for a period of 60 days;
IT IS FURTHER ORDERED that the new discovery end date is May 8 , 2017;
IT IS FURTHER ORDERED that, within the extended discovery period, the paities are
to complete the following discovery matters as specifically indicated below:
Item 1. IME of plaintiff 2. Defendant to serve expert report 3, 4. 5.
Schednled For By April 8, 2017 By May 8, 2017
IT IS FURTHER ORDERED that a copy of the within Order be served upon all
parties of record within __ days of the date hereof.
Opposed __ _ Unopposed.JL_
//
, J.S.C.
MICHAEL A. TOTO, J.S.C.
074201390842 PM
Law Office of Robert A. Raskas 371 Hoes Lane, Suite 105 Piscataway, NJ 08854 (732) 981-1649 (Telephone) (732) 981-1657 (Fax) By: Michael J. Kavanagh, Esq., 00429-1986
FILED MAR 6 l 21117
JUDGE MICHAEL A 7i . oro Attorney for Defendant, Nikhil Kulkarni and Vinaya Patil
LEONARDO LOPEZ and DAMARIS I SUPERIOR COURT OF NEW JERSEY LOPEZ l LAW DIVISION: MIDDLESEX COUNTY I DOCKETNO. MID-L-2803-15
Plaintiff, i Civil Action
-vs-
VINA YAP ATEL and NIKHEL SATISH KULKARNI
Defendants.
I ORDER
This matter having been opened to the Court on Motion of Michael J. Kavanagh, Esq.,
attorney for defendants, Nikhil Kulkarni and Vinaya Patil, for an Order to Extend Discovery eighty
(80) days from, March 25, 2017, and with the consent of our adversary, and the Court having read
and considered the moving papers, and for good cause appearing;
IT IS on this i:) day of __ (i~1~C(_/\~(~\~t _________ , 2016:
ORDERED that all defense expert reports shall be served by June 12, 2017; and it is further
ORDERED that discovery end date be extended seventy five (80) days to June 13, 2017_ and it is further; ; ·
r/•"')
ORDERED that a copy of the within Order be served on all counsel~thm I days of the date hereof. ·< ·
() Opposed (/}Unopposed
ORDERED THAT ARBITRATION -------r----F L BE SCHEDULED FOR
&gv-1,l I, Q.,o\ 1 MIQHAEL A. TOTO, J.S.C.
CIPRIANI & WERNER, P.C. By: Matthew K. Mitchell, Esquire (Attorney ID# 014281993) 155 Gaither Drive Suite B Mt. Laurel, NJ 08054 (856) 761-3800 (phone) Attorney for Defendants, Jimmy Fail and Lochiatto Masonry
FILED MAR 1 7 2017
JUDGE MICHAEL A. TOTO
1t3SCo
D?:>/' =f-jJ r
FREDA LUCAS SUPERIOR COURT OF NEW JERSEY Plaintiff MIDDLESEX COUNTY
V. LAW DIVISION
JIMMY FAIL,LOCHIATTOMASONRY,JOHN DOCKET NO.: MID-L-3506-16 DOE I - X (being fictitious) and ABC CORPORATIONS -XYZ Civil Action CORPORATIONS(beingfictitious) JAMES DOE I-X (being fictitious) ORDER DISMISSING PLAINTIFF FREDA
LUCAS' COMPLAINT FOR FAILING TO COMPLY WITH THE COURT ORDER OF JANUARY 6, 2017 COMPELLING PLAINTIFF TO PROVIDE DISCOVERY RESPONSES
THIS MATTER having been brought before the Court on Motion by Cipriani & Werner,
P.C., attorneys for defendants, Jimmy Fail and Lochiatto Masomy for an Order dismissing the
Complaint of plaintiff, Freda Lucas for failing to comply with a prior Court Order, and the Court
having considered the matter and good cause having been shown;
IT IS on this n · ! day of rf , 2017 ORDERED that the Complaint of plaintiff,
Freda Lucas be and is hereby dismissed without prejudice for failing to comply with the prior
Court Order of The Honorable Michael Toto entered on January 6, 2017, compelling plaintiff,
Freda Lucas to provide certified Answers to Interrogatories and certified, itemized responses to
Defendants' Demand for Production of Documents and Demand for Medicare/Medicaid
Information; and it is further /1
ORDERED that a copy of this Order be served upon all parties within_/_ days of the
date hereof.
D Motion Opposed Gl:_Motion Unopposed
J.S.C. -------------
iv'iiCH.I\EL A. TOTO, J.S.C.
.)
GILL AND CHAMAS, LLC 655 FLORIDA GROVE ROAD P. 0. BOX 760 WOODBRIDGE, NEW JERSEY 07095 (732) 324-7600 Attorney for Plaintiffs Anthony J. Vindigni -Attorney Id: 001242009
FILED "''" f ·i's O l 2017
ILJDGE MICHAEL A. Toro
CHERI A. LEWIS-GADIARE AND COLLIN SUPERIOR COURT OF NEW JERSEY G. GADIARE, LAW DIVISION: MIDDLESEX COUNTY
DOCKET No.: MID-L-2505-16 Plaintiff(s),
vs.
EDWIN E. GARCIA, EDITH A. GARCIA, ohn Does 1-10 (Said names being fictitious;
'·ea! names unknown) and ABC Corp. 1-10 (Said names being fictitious; real name1 unknown),
Defendant( s)
Civil Action
ORDER
TIDS MATTER, having been opened before the Court on the application o
Anthony J. Vindigni, Esq. of the Law Firm of Gill & Chamas, attorneys for the Plaintiff, Cheri
Lewis-Gadiare, and the Court having considered the matter and with good cause shown:
IT IS ON THIS DAY OF /V(f/;( [ [/ , 2017, hereby
ORDERED, that the Defendant's Answer is stricken without prejudice for their failure to
provide discovery; and it is further
// ORDERED, that a signed copy of the within Order be served on all counsel withir
__ /_days of the date hereof. ..-·-;:;• ~- // ,.~,,·"~"_./ .,/'~,,.---:.::?
OPPOSED
UNOPPOSED
~=//--· ... /
MICHAEL A. TOTO, J.S.C.
!ri-/59
05/31/11-
RONAN, TUZZIO & GIANNONE 4000 ROUTE 66 One Hovchild Plaza Tinton Falls, NJ 07753 (732)922-3300 Attorneys for Defendant, Raritan Bay Medical Center OUR FILE NO: 27-11780AMT
FILED MAR 1 7 2017
JUDGE MICHAEL A. TOTO
KARLA MOSQUERA
Plaintiff(s) vs.
RARITAN BAY MEDICAL CENTER and JOHN DOES 1-10 and ABC COMPANIES 1-10 (representing presently unidentified individuals, businesses and/or corporations who owned, operated, maintained, supervised, designed, constructed, repaired and/or controlled the vehicle in question or otherwise employed the defendants),
Defendant(s)
I
: SUPERIOR COURT OF NEW JERSEY l LAW DIVISION: MIDDLESEX COUNTY ' DOCKET NO. MID-L-1011-16
10 CIVIL ACTION ·-:I &
ORDER
THIS MATTER having beeri brought before the Court by Ronan, Tuzzio &
Giannone, attorneys for defendant, Raritan Bay Medical Center, and the Court having
considered this application based on the moving papers, pursuant to R.1 :6-2, and good
cause having been shown;
IT IS on this_-+-11---'l __ d.ay of (Vklit / + , 2017;
ORDERED that the discovery end date in this matter be and hereby is extended
until June 16, 2017; and it is further
ORDERED that a copy of this Order is to be served on all counsel within seven (7)
days of its receipt by defense counsel.
Opposed unopposed~-
MICHAEL A. TOTO, J.S.C. J.S.C.
Douglas E. Schwartz, Esq., ID #002351984 FOSTER & MAZZIE, LLC 10 FURLER STREET TOTOWA, NEW JERSEY07512 (973) 785-4000 FAX: (973) 785-9220 Attorney(s) for Plaintiff, Nilda Martinez Our File No.: 15-2109
MICHELLE MARTINEZ
Plaintiff,
vs.
NILDA MARTINEZ, TERRENCE MORTON, JOHN NORTON and JOHN DOE 1·10 (names being fictitious),
Defendants.
NILDA MARTINEZ
vs.
TERENCE NORTON, (Fictitious entities),
Plaintiff(s)
M. NORTON, JOHN and JOHN DOES 1·10 individuals and/or legal
Defendant(s)
FILED MAJ/' 1 l 2017
JUDGE MICHAEL A. Toro
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
Docket No. MID·L-7610-15
CIVIL ACTION
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
Docket No.: MID·L~
CIVIL ACTION ,::II y-iJ
ORDER EXTENDING DISCOVERY
TIDS MATTER, having been brought before the Court by the Law Firm of
Foster & Mazzie, LLC, counsel for Plaintiff, Nilda Martinez, on the Motion of
Douglas E. Schwartz, Esq., appearing and the Court having considered the movant
papers and heard oral argument, if any, and for good and sufficient cause having
been shown:
\ i
IT IS on this_~~_dayofMarch, 2017;
ORDERED, that:
(a) the time for completion of discovery is hereby extended for a period of
y·O days;
(b) The new discovery end date is ~f!-~=(,u,,=+1-~r S~f-'i r,,,.,l,--,0~1~1~ ___ ; and it is
FURTHER ORDERED, that, within the extended discovery period, the
parties are to complete the following discovery matters as specifically indicated
below. Failure to comply with this Order will result in a dismissal and/or the
striking of the defaulting party's pleading. Failure to complete the discovery will be
deemed a waiver of the right to conduct same; and it is
ITEM
1. Plaintiff is to provide all expert reports no later than
2. Defendant is to provide all expert reports no later than
SCHEDULED FOR
April 30, 2016
May 15, 2017
FURTHER ORDERED, that a conformed copy of the within Order shall be
served upon all parties within seven (7) days of the date of its entry hereof.
Papers Considered: 0 OPPOSED 5 UNOPPOSED
J.S.C. "-~ICHAEL A. TOTO, J.S.C.
Paul A. Garfield, Esq. - 015691989 DAVIS, SAPERSTEIN & SALOMON P.C. 375 Cedar Lane Teaneck, NJ 07666-3433 (201) 907-5000 Fax: (201) 692-0444 Attorneys for Plaintiff
Tracy McAleer,
Plaintiff(s), - vs -
The Stop & Shop Supermarket Company LLC a/k/a Super Stop & Shop 0852 d/b/a Stop & Shop, 1211 Stuyvesant Avenue LLC a/k/a 1211 Stuyvesant Avenue, LLC c/o AFS, C&W Facility Services Inc. f/k/a DTZ, Inc. file/a UGL Services Unicco Operations Co. f/k/a UNICCO Service Company, National Maintenance Systems Inc, John Does 1-10 (fictitious names representing unknown individuals) and/or XYZ Corps. 2-10 (fictitious names representing unknown corporations, partnerships and/or Limited Liability Companies or other types of legal entities)
Defendant( s ). And
C& W Facility Services Inc. f/k/a DTZ, Inc. f/k/a . UGL Services Unicco Operations Co. f/k/a 1 UNICCO Service Company
Third-Party Plaintiff(s), - vs -
National Maintenance Systems, Inc. Third-Party Defendant.
-9-
FILED f,fAfj f , llsT I 1 2(]'7
,JUDGE:MtCHAl:L A. Toro
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO. MID-L-3910-15
Civil Action
ORDER
DAVIS, SAPERSTEIN & SALOMON, P.C. 375 Cedar Lane Teaneck, New Jersey 07666-3433 (201) 907-5000
THIS MATTER having been presented to the Comt by Notice of Motion of Davis,
Saperstein & Salomon, P.C., attorneys for the Plaintiffs for an Order to extend the discovery
period for an additional one hundred and twenty (120) days, retUl'nable March 17, 2017, and the
Court having considered the below listed soUl'ces of information and other cause shown;
IT IS ON THIS t 11 DAYOF n1:t1 ~f 2017;
ORDERED that the discovery end date be extended for a period of one hundred and
twenty (120) days from April 3, 2017 to August 1, 2017 in order to allow the newly added party
to enter an appearance, to allow written discovery demands and responses to be exchanged
between said parties and to allow depositions of representatives for the newly added party to be
scheduled and conducted; and it is further
ORDERED as follows:
Outstanding Discovery Discovery shall be completed by dates listed below:
Defendant to file an Answer by April 1, 2017
Defendant discovery responses to be May 1, 2017 provided by Defendant's deposition to be conducted by June 1, 2017
Plaintiffs expe1t reports to be served by June 21, 2017
Defendants' expert repo1ts to be served by July 21, 2017
Any additional discovery to be served by August 1, 2017
ORDERED that a true copy of this Order shall be served upon all counsel of record
"1 within I days of the date hereof.
d>'" .
J.S.C.
__ Opposed __ Unopposed MICHAEL A. TOTO, J.S.C.
DA VIS, SAPERSTEIN & SALOMON, P.C.
ORDERED THAT ARBITRATION -10- 3 7 5 Cedar Lane
Teaneck, New Jersey 07666-3433
S~L BE SCHEDULED FOR Ailll:'.Ylleft: 11 1 j_ofl
(201) 907-5000 ,
MURGATROYD LAW GROUP By: Anthony J Murgatroyd, Esq. 3 61 State Route 31 Building C, Suite 801 Flemington, NJ 08822 Telephone: (908) 788-7011 Facsimile: (908) 788-8750 Attorney for Plaintiff(s)
PATRICIA MARGELIS, Individually, and as Power of Attorney for AGNES DeNICOLA,
Plaintiff(s)
v.
FRIENDS .RETIREMENT CONCEPTS, INC., d/b/a ARBOR GLEN NURSING HOME, et. al.
Defendant(s)
IFlfLED I{~/? 1 l ') ,;{}17
.JLJDGf MICHAEL A. Taro
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET: MID-L-5201-15
Civil Action
ORDER TO COMPEL DISCOVERY
This Motion to Compel Discovery having been presented to the Court by Anthony J.
Murgatroyd, Esq., Attorney for Plaintiff, and the Court having considered the supporting
documents submitted by Plaintiffs counsel, and the opposition by Defendants, if any, and the
arguments of counsel, if any, and good cause having been shown;
IT IS on this~/_;~-'~- day of ({1(,11:C /rj- , 2017;
ORDERED that Defendants provide the following discovery within ten (10) days:
1. Fully responsive answers to Form "C" Interrogatory #5 and Supplemental
Interrogatories #7, #22 and #43 in accordance with Plaintiff's request dated September 28, 2016;
and
2. A complete copy of the policies and procedures of Arbor Glen Fully requested in
Plaintiffs Document Demand; and
IT IS FURTHER ORDERED that a copy of the within Order be served upon all
parties within seven (7) days from the date hereof.
/J.S.C.
/ ( J Opposed ( ) Unopposed MICHAEL A. TOTO, J.S.C.
Michael J, Lauricella, Esq. (ID 015402009) Reference No. CYB012.00801 Attorney Collateral Account No. 2400 ARCHER & GREINER, P.C. 21 Main Street, Suite 353 Court Plaza South - West Wing Hackensack, New Jersey 07601-7095 (201) 342-6000 Attorneys for Defendant, Cyber Sphere, LLC
MILLENNIUM INFO. TECH,
Plaintiff,
V.
CYBER SPHERE, LLC,
Defendant.
FILED MAR 1 7 2017
JUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISON: MIDDLESEX COUNTY DOCKET NO. MID L-7109-16
CIVIL ACTION /;-;)_ J-1 ORDER
THIS MATTER having been brought before the Court on the Motion of the Defendant,
through its attorneys, Archer & Greiner, P.C. (Michael J. Lauricella, Esquire), on notice to
Plaintiff, for an Order dismissing the Complaint of Plaintiff, the Court having reviewed the
papers, and for good cause having been shown;
~ IT IS on this __jL day of March, 2017;
ORDERED that Defendant's Notice of Motion to dismiss is hereby granted; and it is
further
ORDERED that the Complaint of the Plaintiff be and hereby 1s dismissed with
prejudice; and it is further
ORDERED that a copy of this Order shall be served on all pmiies within seven (7) days
of the date hereof.
/--r: /~ , J.S.C.
MICHAEL A. TOTO, J.S.C. [ --J..] Opposed [ ] Unopposed
BY ORDER OF THE COURT
State of New Jersey,
Millennium Info Tech
Plaintiff( s ),
v.
Cyber Sphere, LLC
Defendant(s).
I. Introduction
SUPERIOR COURT OF NEW JERSEY
COUNTY OF MIDDLESEX
LAW DIVISION
CIVIL ACTION
Docket No. MID- L-7109-16
Memorandum on Motion to
Dismiss
Defendant Cyber Sphere, LLC ("Cyber Sphere") moves to dismiss Plaintiffs complaint,
which alleges breach of contract claims. Defendant is a client of Plaintiff Millennium, an IT
product development and placement firm. On January 26, 2012, Defendant approached Plaintiff
for the services of its New Jersey employee, Nethra Muniraju. Pursuant to the Contractor Basic
Agreement ("the Agreement") between Plaintiff and Defendant, Ms. Muniraju was placed with
the client Scholastic of New Hampshire from March 2012 to September 2016. Pursuant to the
Agreement, Defendant agreed to reimburse Plaintiff within 45 calendar days from receipt of Ms.
Muniraju's timesheets. Plaintiff asserts that they paid Ms. Muniraju the full amount due to her
under the Agreement and in reliance to Defendant's obligations under the Agreement. The
Agreement also included a forum selection clause that required litigation to be brought in the
state of New Hampshire.
1
Plaintiff Millennium alleges that Defendant Cyber Sphere owes it $24,080 based on
unpaid invoices, and $3,973 for attorney's fees. Plaintiff states that they made substantial efforts
from December 2, 2016 to February 10, 2017 to locate and serve Defendant within New Jersey.
Upon receiving confirmation that Defendant is not licensed in New Jersey and does not have an
agent in New Jersey, Plaintiff asserts that they served by Certified Mail on February 10, 2017.
II. Analysis
Defendant moves to dismiss Plaintiffs Complaint based on two arguments: (1) Plaintiff
failed to properly serve their Complaint; and (2) Plaintiffs Complaint is subject to a valid forum
selection clause, which requires suit to be brought in the State of New Hampshire.
A. Service of Process
Pursuant to R. 4:4-4(b)(l), the primary method of obtaining in personam jurisdiction over
a Defendant outside the state is by mail or personal service outside the State. If, however, "it
appears by affidavit satisfying the requirements ofR. 4:4-5(b) that despite diligent effort and
inquiry personal service cannot be made in accordance with paragraph (a) of this rule, then ... in
personamjurisdiction may be obtained over any defendant ... " by "mailing a copy of the
summons and complaint by registered or certified mail, return receipt requested, and
simultaneously, by ordinary mail. .. " R. 4:4;4(b)(l)(C).
Here, Plaintiff argues that they served the Complaint with exhibits via USPS Priority
Mail, and then again served Defendant with Summons, Track assignment and the original
Complaint with exhibits via USPS Priority Mail. However, Plaintiff failed to include an affidavit
of diligent efforts made towards personal service prior to serving the summons and complaint.
Plaintiffs Affidavit attached as Exhibit Gin Plaintiffs Brief also fails to indicate that a copy of
the summons and complaint were made by registered or certified mail with return receipt 2
requested.
B. Forum Selection Clause
New Jersey comis routinely and properly enforce forum selection clauses. See Cope/co
Capital, Inc. v. Shapiro, 331 NJ. Super. 1, 4 (2000); see also McNeil! v. Zoref, 297 N.J. Super.
213,219 (1997)"Forum-selection clauses should be enforced unless 'enforcement is shown by
the resisting party to be 'unreasonable under the circumstances.'" Kubis & Perszyk Assoc. Inc. v.
Sun Microsystems, Inc., 146 NJ. 176, 187 (1996) (citing MIS Bremen v. Zapata Off-Shore Co.,
407 U.S. 1, 10 (1972), and noting that the Bremen court's holding was "consistent with the
position adopted by the Restatement (Second) of Conflict of Laws§ 80 (1969).") The
Restatement expresses the point as that a court will enforce a forum selection unless it is unfair
or unreasonable. Id. at 188.
To preclude enforcement of the clause, the objecting pmiy must demonstrate that: (1) the
clause is a result of fraud or "overweening bargaining power;" or (2) enforcement would violate
a strong public policy; or (3) " ... enforcement would be seriously inconvenient for the trial."
Wilji·ed MacDonald, Inc. v. Cushman, Inc., 256 N.J. Super. 58, 63-64, certif denied, 130 N.J. 17
(1992). Here, Plaintiff interprets the clause as a choice of law provision and argues that it is
ambiguous. At oral argument on Friday, Mm·ch 17, 2017, Plaintiffs counsel suggested that the
Court hold an evidentiary hearing to discuss the interpretation of the forum selection clause, but
also stated that the clause was never discussed. Although the clause is not well articulated, the
Court finds that the clause is elem· in that litigation must be brought in the State of New
Hampshire. Accordingly, Defendant's motion to dismiss is GRANTED.
III. Conclusion.
For the foregoing reasons, Defendant's motion to dismiss is GRANTED. 3
AnnMarie Flores, Esquire GAGE FIORE 133 Franklin Comer Road First Floor Lawrenceville, NJ 08648 (609) 896-4243 Our File No. 11251
----------------~ REBECCA PEREZ
Plaintiff(s),
V.
FILED M4R 1 7 2017
JUDGE MICHAEL A rem Attorneys for Defendant A&T Reqlty, LLC and Eugeniusz & Helene Fidziukiewicz i/p/a Eugene & Helen Fidziukiewicz SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. MID-L-7406-15
Civil Action
EUGENE FIDZIUKIEWICZ, HELEN ORDER EXTENDING DISCOVERY FIDZIUKIEWICZ. A&T REALTY, LLC, JOHN DOE 1-10 arnd ABC CORP. 1-10 (said names being fictitious designations)
Defendant( s).
This matter being brought before the Court by application of GAGE FIORE, attorneys
for defendants, A&T Realty, LLC and Eugeniusz & Helene Fidziukiewicz i/p/a Eugene &
Helen Fidziukiewicz, for an Order extending discove1y for sixty days, and the Court having
considered the Certification of AnnMarie Flores in this matter, and for good cause appearing,
ORDERED that Plaintiff, Rebecca Perez, appear for an independent medical
evaluation with Dr. Louis Bouillon, on March 29, 2017; and it is fiuther
ORDERED that the discovery end date be and is hereby extended for 60 days from
March 15, 2017 through May 15, 2017, to complete the following:
1. Plaintiff, Rebecca Perez, to appear at defense medical examination with Dr. Louis Bouillon on March 29, 2017;
2. Depositions of parties and fact witnesses to be completed by April 15, 2017;
3. Plaintiff to serve final expert reports by March 15, 2016;
4. Defendants to serve final expert reports by May 1, 2017;
5. Expert depositions to be concluded by May 15, 2017; and it is further
ORDERED that a copy of the executed Order be forwarded to all counsel of record
fl within · I days ofreceipt of the Order.
Opposed . Unopposed
ORDERED 1'Hi\T I\RBITRATION SHALL BE RCl1EnT J LED FDR
. lii n, i "11 .2.ot,
J.S.C.
MICHAEL A. TOTO, J.S.C . . •
CARROLL McNUL TY & KULL LLC Frank M. Falcone, Esq. Id No. 020702010 120 Mountain View Boulevard P.O. Box 650
lfic11
Fil.ED '
Basking Ridge, New Jersey 07920 f.fAR j 7 2017 (908) 848-6300 Attorneys for Defendant JUDGE MICHAEL A. TOTO Capodagli Property Co., LLC
MOISES PINHO; ROSA OLIVEIRA, his SUPERIOR COURT OF NEW JERSEY wife, LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO. MID-L-06808-15 Plaintiffs,
V.
MERIDIA METRO HACKENSACK; MERIDIA METRO URBAN RENEW AL; MERIDIA METRO URBAN RENEW AL, HACKENSACK, LLC; CAPODAGLI PROPERTY COMPANY; CAPODAGLI PROPERTIES; DEVELOPMENT OPPORTUNITY; MR. CONCRETE CORP.; JOHN DOES 1-20; ABC CORPORATIONS 1-20,
Defendants.
Civil Action
ORDER
THIS MATTER having come before the Court by way of a Motion for Discovery Relief
made by Clm-lc Law Firm, PC, counsel for Plaintiffs, and the Cross-Motion to Compel
Documents and Extend the Discovery End Date, made by Carroll McNulty & Kull LLC, counsel
for Defendant Capodagli Property Co., LLC and the Court having reviewed the moving papers
and any papers submitted in opposition thereto, and good cause having been shown;
IT IS on this f '!} day of March, 2017
ORDERED that Plaintiffs' Motion for Discovery Relief is denied in its entirety, and it is
further
ORDERED that Capodagli Prope1iy Co., LLC's Cross-Motion to Compel the Production
of Documents and Extend the Discovery End Date is granted, and it is further
ORDERED that Plaintiffs are compelled to produce the following documents, within
fourteen (14) days:
1. The police report referenced in Plaintiffs' discovery responses, to the extent one exists;
2.
3.
4.
5.
6.
A list of all eyewitnesses to the occurrence;
A copy of]\1oises Pinho's federal an\i,state tax returns from 2008 to the present; p/cic,,;fr# yv\CS.\ 1i,,_Jetcl f'.10,V W/\--J G \AJ /v,~h<V'\, Moises Pinho's social security earning statement;
The date each photograph Plaintiffs produced was taken or made; and the identity of the person who took or made them; and
Moises Pinho's "Ce1iificates of Completion for safety courses."
ORDERED that the discovery end date is extended thirty (30) days to July 1, 2017;
ORDERED that during this extended period of discovery, the following specific
discovery shall be conducted within the following timeframes:
1. The depositions of Plaintiffs shall be conducted by March 15, 2017.
2. The depositions of all remaining fact witnesses shall be conducted by April 15, 2017.
3. Plaintiffs' expert reports are to be served by May 15, 2017.
4. Defendant's expert repo1is are to be served by June 15, 2017.
ORDERED that a copy of this Order shall be served upon all counsel of record within
seven (7) days of receipt of same by counsel for the moving party.
ORDF.RF,D 'l'HAT ARBITRATION
s:tl J,i,. cUHEDULJ,;lJ ~·oa . t1 is\ 10/7
Opposed
Unopposed
Clark Law Finn, PC William S. Peck, Esq. - 020821999 811 Sixteenth A venue Belmar, New Jersey 07719 (732) 443-0333 (732) 894-9647 - fax Attorneys/or Plaintiff.~
MOISES PINHO; ROSA OLIVEIRA (his wife),
I' Iain ti ff( s)
v.
MERIDIA METRO HACKENSACK; MERIDIA METRO URBAN
Fu ILE;:,, MAR 11 ""'"' tu,,
JUDGc"' ,v,,CHA!::L A .,.C.,. .,, ,0
4/ 1-f t, 63/c3/I
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO.: MID-L-06808-15
Civil Action
RENEWAL; MERIDIA METRO ORDER PURSUANT TO Rule 4:23-2 (b) (1) URBAN RENEW AL, HACKENSACK, LLC; CAPODAGLI PROPERTY COMPANY; CAPODAGLI PROPERTIES; DEVELOPMENT OPPORTUNITY; MR. CONCRETE CORP.; JOHN DOES 1-20; ABC CORPORATIONS 1-20,
DEFENDANT(S)
THIS MATTER being opened to the Court by Gerald H. Clark, Esq., of the Clark Law Firm,
PC, attorneys for plaintiff, for an Order for Discove1y Relief under Rule 4:23-2 (b) (1) and in the
above matter; and it appearing all parties have consented hereto;
IT IS on this day of , 2017;
i11-eo1111eetio1r-witlrthe-inei dent-whieh--ftrnm; tJ~ba&i~ef-Plaintiffa' .... Ce111plai11t,--said,1egligenee
having-·be'en·theprox1mate-eause--ef-plaintiff'-s--aeeide11t--and·-inj111t~ MERtt>JA-ME-TRO- - ·
1
RENEWAt;HACKENSACI~Lter::~:.~Gt;I.PD~p~~~YCOMPA~Y;eAPeDABbl·
PROPERTYC0MPAN-V,bLC;-::md 1t 1s farther;
ORDERED that a copy of this Order be served on all parties within seven (7) days of the
date hereof.
J.S.C.
'K Opposed MICHAEL A. TOTO, J.S.C .
. ~ Unopposed
Motion. Deem Negligent- Order.wpd
2
Kevin E. Kruse, Esq. Attorney ID #038252015 Brandon J. Broderick, LLC 90 Main Street, Suite 201 Hackensack, NJ 07601 Attorney for Plaintiff, Reynaldo Palacios
REYNALDO PALACIOS
Plaintiff, -vs-
LAURENE. PENSA VALLE, ANTHONY J. PENSA VALLE, and John Doe 1-10 (fictitiously named) and ABC Co. 1-1 O(fictitiously named)
TO: Arthur Arnold, Esq. Law Offices of Pamela D. Hargrove 65 Jackson Drive, Suite 302 P.O. Box 2000 Cranford, NJ 07016 Attorney for Defendants
FILED MAI? 1 7 2017
,IUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO. MID L 6710-15
Civil Action ;/ 1 <{fa ORDER /f!
THIS MATTER having been opened to the Court on Motion of Kevin E. Kruse, Esq., attorney for
plaintiff(s), Reynaldo Palacios, and the Comt having considered the moving papers, and any such papers
that may have been filed in opposition, and oral argument of counsel, if any, and with good cause shown;
IT IS on this __ day of_(_v\_C\~f:._C:,_i._' _\ _____ , 2017; hereby
ORDERED that the discovery is hereby and the same extended for a period of 60 days from March
31, 2017 to May 30, 2017; and it is further
ORDERED that plaintiff will serve medical expert reports no later than May 15, 2017; and
it is further
ORDERED that Defendants will serve all medical expert reports no later than May 30, 2017;
and it is fu1ther
ORDERED that a copy of the within Order be served on all counsel within __<J_ days of the date
hereof.
ORDEI.FD THA'f I\HBITRATION SHALi l\i- ,·,i 111c:111:1.ruoFOR
J,d,~,, .. 1~( 1-0\J
( ) Opposed (/? Unopposed
./" J.S.C.
/MICHAEL A TOTO, J.S.C.
BARBARA S. SHERIDAN - 016201994
DEBRA HART ALLAIRE CORPORATE CAMPUS 5006 BELMAR BLVD SUITE A WALL, NEW JERSEY 07727
, (732) 378-4600 FAX: (732) 378-4426
!b
ATTORNEY FOR: Defendants, LYNN A DUBIN and WAYNE DUBIN
ANGELICA CARRION PAITAN
Plaintiff,
vs.
LYNN A DUBIN, WAYNE S DUBIN and/or John Does 1-10
Defendants.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKETNO. MID-L-6404-16
Civil Action
ORDER TO DISMISS PLAINTIFF'S COMPLAINT FOR FAILURE TO ANSWER
INTERROGATORIES Pursuant to Rule4:23-5(a)(l)
THIS MATTER having been placed before the Comt by the LAW OFFICE OF
DEBRA HART, Esq., attorney for the defendants, LYNN A DUBIN and WAYNE DUBIN; and
the Comt having considered the moving papers of the patties; and for good cause shown;
\ '1 IT IS, on this _I'_ day of , 2017;
ORDERED that the Complaint filed by the plaintiff, ANGELICA CARRION
PAITAN, in this matter be and is hereby dismissed without prejudice for failure to answer
inte1Togatories; and
IT IS FURTHER ORDERED that a copy of the within Order be served upon all ,ri
patties of record within __L days of the date hereof.
Opposed ~ = unopposed Y-
?:/';/ ,. , J.S.C. MICHAEL A TOTO, J.S.C.
Kevin D. London, Esq. - 020231992 LAW OFFICES OF WILLIAM E. STAEHLE 445 Sot1th Street - P.O. Box 1938 Morristown, New Jersey 07962-1938 Phone: 973-631-7300 Attorneys for Defendant, Johanna McGourty Our File No.: 2017006848-MX-KDL
SOPHIA POPOWSKI
Plaintiff(s),
vs.
JOHANNA MCGOURTY,
Defendant( s ).
~AR t 7 W:7 JUDGE M!CHACL A. TOTO
# o~,;3
b3/Fr/t~
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
DOCKETNO.: MID-L-4905-16
Civil Action
ORDER FOR SUMMARY JUDGMENT
THIS MATTER having been brought before the Court on Motion by the Law Offices of
William E. Staehle, attorneys for Defendant, Johanna McGourty for an Order granting Summary
Judgment and dismissing the Complaint of Plaintiff with prejudice as to Johanna McGomiy; and the
Court having considered the matter, and good cause appearing,
IT IS ON THIS /7.,,.... DAY OF H Q-,ty{,\ '2017; i)f:t-llfD V'liy\,1b'l-f ORDERED that Smnmary Judgment be and same is hereby GRAM'fED in fa,.01'-ill
P\-t"iud i <1 -\in {l,\f h"ti~on-5; sd ·-furt4 1vl ~ aHatl,-trcl 1YLUt10,-11J'IJA.<41t.1 rkfc&!ant Jolratlrla ])4GQ91Jrty dismissing the Cwnplaittt of plaintiff and ~n,, aod all other claims find
crnsscfoims against Johanna McOowty with J3f€j11diGe; and it is fmiher
ORDERED that a copy of the within Order be served upon all counsel within "1 days from
the date hereof. ,, .. .-~ ... ~·7
,,_, .. :.::.:--~:;: . ...-/--·--~~ ,>···· .,..,-:::7 \ /::: "'>'' '
,J.S.C. (ii..) OPPOSED ( ) UNOPPOSED MICHAEL A. TOTO, J.S.C.
BY ORDER OF THE COURT
State ofNew Jersey,
Sophia Popowski
Plaintiff(s),
v.
Johanna McGourty
Defendant(s).
I. Introduction
SUPERIOR COURT OF NEW JERSEY
COUNTY OF MIDDLESEX
LAW DIVISION
CIVIL ACTION
Docket No. MID- L-4905-16
Memorandum on Motion for
Summary Judgment
~~LE;;J MAR 1 7 20:7
,!lJ!JGE M!CHA!:L A. TC;O
Defendant Johanna McGourty ("McGourty") moves for summary judgment for a lack of
personal jurisdiction in connection with Plaintiff Sophia Popowski's ("Popowski") Complaint,
which alleges damages sustained from a motor vehicle accident.
II. Facts
On September 26, 2015, Plaintiff Popowski and Defendant McGourty were involved in a
motor vehicle accident in Pennsylvania. Plaintiff was the passenger in the vehicle and her
husband was the operator. Plaintiff and her husband are both residents of New Jersey while
Defendant is a resident of Pennsylvania. Because of the accident, Plaintiff allegedly suffered
serious injuries in which she has been consulting numerous medical providers in New Jersey.
III. Analysis
Defendant McGourty contends that the Court does not have personal jurisdiction over the
claim because Defendant does not have continuous and systematic contact with New Jersey, and
1
the alleged damages are a result of an accident that occurred in Pennsylvania, not New Jersey.
Moreover, Defendant contends that maintenance of this suit would offend the traditional notions
of fair play and substantial justice as litigation in New Jersey would be unduly inconvenient for
Defendant as a resident of Pennsylvania. In opposition, Plaintiff contends that pursuing the claim
in a different jurisdiction would be an impediment due to Plaintiffs extensive and serious nature
of injuries sustained. Plaintiff also claims that she would suffer a financial hardship from the
costs that would incur from preparing depositions of all medical providers, and transpmting and
producing all potential medical providers.
While it is undisputed that Defendant is not physically present in the state, "jurisdiction
may extend to out-of-state parties that engage in sufficient contacts with the forum, as long as
those contacts satisfy the protections of the Due Process Clause of the Fomteenth Amendment."
Patel v. Karnavati America, LLC, 437 N.J. Super. 415,424 (App. Div. 2014); see Avdel Corp. v.
Mecure, 58 N.J 264, 268 (1971) (stating that New Jersey's long-arm statute allows for "out-of
state service to the uttermost limits permitted by the United States Constitution"). To satisfy the
protections of the Due Process Clause of the United States Constitution, the exercise of personal
jurisdiction cannot offend the traditional notions of fair play and substantial justice. See Patel,
437 N.J. Super. at 424.
Specific jurisdiction requires that a cause of action directly arise out of the defendant's
contact with the forum state. See Baanyan Software Services, Inc. v. Kuncha, 433 N.J. Super. 466,
474 (App. Div. 2013). To satisfy that requirement, courts apply the minimum contacts inquiry,
which examines the relationship between the defendant, the forum state, and the litigation. See
Patel, 437 N.J. Super.at 425. If the defendant is not physically present in the forum state, "it is
essential that there be some act by which the defendant purposefully avails [itself] of the privilege
2
of conducting activities within the forum state, thus evoking the benefits and protections of its
laws." Waste Mgmt., Inc. v. The Admiral Ins. Co., 138 N.J. 106, 123 (1994). "[T]he existence of
minimum contacts turns on the presence or absence of intentional acts of the defendant to avail
itself of some benefit of a forum state." Id. at 126. The burden is on plaintiff to allege sufficient
facts, which must be supported by sworn affidavits, certifications or testimony, to wanant the
exercise of specific jurisdiction. See Baanyan Software Services, Inc., 433 N.J. Super. at 4 77.
Presently, the Com1 finds that Defendant has not met minimum contacts with New Jersey
and maintenance of this suit would offend traditional notions of fair play and substantial justice.
In supp011 of that conclusion, the Defendant did not purposefully avail herself to the protection
of the laws of New Jersey as Defendant is a Pennsylvania resident and the accident occurred in
Pennsylvania. At this time, the Com1 finds that Defendant lacks sufficient minimum contacts to
maintain a suit in New Jersey. However, the Plaintiff will be permitted limited discovery as to
Defendant's contacts with the State of New Jersey. Accordingly, Defendant's motion for
summary judgment is DENIED without prejudice.
IV. Conclusion
For the foregoing reasons, Defendant's motion for summary judgment is DENIED without
prejudice.
3
LAW OFFICE OF ANDREW S. BLUMER A Limited Liability Company Andrew S. Blumer, Esq. (032631994) 4255 Route 9 Nmth, Bldg. 5, Suite D Freehold, New Jersey 07728 732.303.6430 Attorneys for Plaintiffs
MARTIN QUINN, CORRINE QUINN, individually and as the GUARDIAN AD LITEM of KYLIE QUINN, an infant,
Plaintiffs,
V.
STEPHEN LASKOWSKI, CANDACE LASKOWSKI, ALLS TA TE NEW JERSEY PROPERTY AND CASUALTY INSURANCE COMP ANY, ABC Corporations (1-10), DEF Partnerships (1-10), GHI Limited Liability Companies (1-10), and John/Jane Does ( 1-10),
Defendants.
FILED MAR 1 l 2017
,JUDGE MICHAEL A. TOTO
SUPERIOR COUF.T OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO.: MIP-L-7303-15
CIVIL ACTION
ORDER
THIS MATTER having been opened to the Comt on application of Andrew S. Blumer,
Esq., attorneys for Plaintiffs, and the Comt having read the papers filed on behalf of the respective
parties, having heard argument of counsel, and good and sufficient cause having been shown,
1t is on this-----+-\ r---+-____ day of __ /~v~t~i<_!C=""~l~i ________ 2011;
ORDERED that the Order of the Honorable Joseph L. Rea, J.S.C. dated November 18, 2016
dismissing Plaintiffs' Complaint without prejudice for failure to provide written discovery within
the time specified by the Rules of Comt shall be and is hereby vacated; and it is further
ORDERED that Plaintiffs' Complaint shall be and is hereby reinstated against Defendants
Stephen C. Laskowski and Candace M. Laskowski; and it is further
ORDERED that the Order of the Honorable Michael A. Toto, J.S.C. dated Januaiy 20, 2017
dismissing Plaintiffs' Complaint without prejudice for failure to provide responses to Form A
Interrogatories, Supplemental Inten-ogatories, and a Notice to Produce within the time specified by
the Rules of Court shall be and is hereby vacated; and it is fmther
ORDERED that Plaintiffs' Complaint shall be and is hereby reinstated against Defendant
Allstate New Jersey Property and Casualty Insurance Company as to the bad faith claims, which
have been severed and stayed under a Consent Order, and as to the underinsured motorists' (UIM)
count; and it is fiuther
ORDERED that the Discovery End Date shall be extended for one hundred twenty (120) .ht\~\ I './1.'}n
days from the initial discovery deadline of April 2, 2017 to tfuh, 2Ql7, in order to allow for
completion of the following discovery:
I. Written discovery to be completed by May 1, 2017;
2. Depositions of all parties and fact witnesses to be completed by May 20, 2017;
3. Plaintiffs to serve final expe1t reports, liability and damages, by June 9, 2017;
4. Defendants to complete medical examinations and serve expe1t reports, liability and damages, by Jti-ly 9, 20-l--7; .Jt( \\ \ , '2011
7 5. Plaintiffs to serve reply/addendum expert repo1ts byJ.uly 30, 201'.i'; and J~~ \~ ?O\
jl{ 1!J I, 2D I J 6. Depositions of all expert witnesses to be completed by JttlY:34,~0rr; and it is fiuther
ORDERED that a copy of this Order be served upon all interested parties within+
days from the above date hereof.
Opposed
Unopposed
MICHAEL A. TOTO, J.S.d:S.C.
Christian P. Fleming, Esq. Attorney IO: 019251996 JABIN & FLEMING, L.L.C. 530 Highway 18 East Bmnswick, New Jersey 08816 (732) 257-1044 Attorney for Plaintiff
FILED ,.t~ I? 1 7 '1117
JUDGE MICHAEL A. Toro
t1 D'Z+
o?>j(=t/ I =J--
CARLOS L. RON-SANCHEZ,
Plaintiff,
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO.: MID-L-10902-14
V.
NEW JERSEY MANUFACTURERS INSURANCE COMPANY, JOHN DOES, 1-3 and CORPORATIONS 1-3, (Said names being fictitious; real names unknown),
Defendants.
Civil Action
ORDER
THIS MATTER having been brought before the Court, pursuant to Rule 1 :6-2, having
been submitted for ruling on the papers by Clu·istian P. Fleming, Esq., of the law firm of Jabin &
Fleming, LLC, attorneys for plaintiff, CARLOS RON-SANCHEZ, by way of Notice of Motion
for an Order permitting the plaintiff to file an Amended Complaint to add a Third Count to
plaintiffs complaint and the Court having reviewed and considered the documents submitted;
and for good cause shown;
IT IS on this j day of-Febl:Ullry 2017;
ORDERED that plaintiff be permitted to file an Amended Complaint to add a Third
Count as to bad faith on behalf of the defendant; and it is
FURTHER ORDERED that a copy of said Amended Complaint shall be sent to the
attorney for the defendants within ___ days of the receipt of plaintiffs attorney of a
"filed" copy of said pleading; and it is
FURTHER ORDERED that a copy of this Order shall be serves on the attorneys for
said defendants within {) -/' //
days of the date of entry. "/:;::::/ / . -.
7 ,/'//
/., .. /// .~,///,,/
MICHAEL A. TOTO, J.S.C.
J.S.C.
HOAGLAND, LONGO LIOAAN, DUNST & DOUVJI.S,LLP ATTORNEYS AT LAW
!~ORTH J:RSEY 40 PATERSON ST POB0X40D N~V\! BRUl~SV\~CK, NJ
SOUTH JERSEY 701 W1LTSEY'S MILL RO SUiTE 202 HAMMONTON, N,l
Juliann M. /~licino, Esq. (ID# 25882012) FSILED HOAGLAND, LONGO, MORAN, DUNST & DOUKf..S, LLP 40 Paterson Street, PO Box 480 MJ\R I 7 Wi7 New Brunswick, N,J 08903 IUOG•- '"C (732) 545-4717 ' c rv,, HA::1 A. ro-:-o Attorneys for Detendants, New Jerney Manufacturers Insurance Company and Rider Insurance Company
Plaintiff, ----. SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY
JAMES SCHAEFFER LAW DIVISION
vs. DOCKET NO. MID-L-i 1711-i4
Defendants, CIV!L ACTION
I\IEVV JERSEY MAI\JUFACTURERS ORDER INSURANCE COMPANY and RIDER INSURANCE COfv\P,b,NY
THIS IWHTER having been brought before the Court on Motion of Hoagland, Longo,
Moran, Dunst &. Doukas, LU", aitomeys for Defendants, l'/ew Jersey Manufacturers l11sumnce
Company and Rider Insurance Company. for an Order barl"ing Plaintiffs healthcare lien at trial,
or, extending disc,overy and adjourning the arbitration, and the Court having reviewed the moving
papers and for good cause shown;
IT IS 01\1 THIS ___ \ '}_ day of JV\<;J{it I ~ ·----' 20i7,
!f'ltemative A yj I I~ , ''.LO ('/ ORDERED that the discovery end date shall be extended Ain~ty (90) days ur,til June 'i 1, I
·..w+i'; to allow the following discover)' to be completed:
Plsintiff shall provide executed HIPA/l, compliant authori:cations fo1· all treatment providers listed in !he QualCan, Claims Report within ten (10) days of the date of this order;
Re-examination of Plaintiff by defense expert shall be completed by April 15, I 201 T; \ ,:;; . 1 -, /\t'f1 l::J, 20, Re .. deposition of Plaintiff sha.11 be coi:npleied by IV!ay I, 20'11;
AiJ~, \ \£!;. 2or1 Records to be exchanged by~ l'.l.-..ih\ \f.) '1.ffil Defense expe1i rnports to be served by Jl.f:~~11 i, 26\~~and
HOAGLAND,LONGO MORAN, DUr>.IST & DOUl<AS, LLP ATTORNEYS AT LAW
NORTH JERSEY 40PATERSONS1 POEiOX 480 NEW BRUNSY\ilCK, NJ
SOUTti JERSEY 701 V,USE'l"S MILL RD SUITE202 HAMMONTON, HJ
IT IS FURTHER ORDERED that the arbitration date of IVlarch 28, 2017 be adjourned until
-~~~~-~; and
IT IS FURTHE[~ ORDERED that a copy o/ the within Order shall be served upon all
counsel of record within seven (7) days of the date of ser1ice hereof.
Papers filed with the Court: ( ~) Answei-ing Papern
( \ ) Reply Papers
The within Notice of Motion was:
( .Y) Opposed
( ) Unopposed
MICHAEL A. TOTO, J.S.C.
,vilA\ sha II ~e se:4 toY Jiiwu zt; l .?-017.
J.S.C.
- ----,
MICHAEL F. LOMBARDI, ESQ. Attorney ID #005061973 Lombardi & Lombardi, P.A. 1862 Oak Tree Road, P.O. Box 2065 Edison, New Jersey 08818 Tel (732) 906-1500; Fax (732) 906-7625 Attorneys for Plaintiff(s); File No. 14-24938MFL
RANDEEP SINGH, an individual; and HARMAN PREET, his spouse, per quod,
Plaintiffs
v.
ANGELA M. BARO.DY, an individual,
Defendants
SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY
DOCKET NO. MID-L-3302-16
CIVIL ACTION
: ORDERREINSTATING : PLAINTIFF'S COMPLAINT : AND RESTORING PLAINTIFF'S : COMPLAINT TO THE TRIAL LIST
THIS MATTER, having been opened to the court by Lombardi & Lombardi, P.A.,
attorneys for plaintiffs' Motion for an Order reinstating Plaintiffs Complaint and Restoring
Plaintiffs Complaint to the Trial list; and the court having read and considered the moving
paper, and for good cause being shown; j!
IT IS ON THIS __ _.,_ __ DAY OF MARCH, 2017
ORDERED that Plaintiffs Complaint is hereby reinstated and restored to the active
trial list;
and it is further; ORDERED, that a copy of the within Order shall be served upon all counsel of
/'"\
records within i days of the date hereof.
J.S.C.
P ~RS CONSIDERED: Notice of Motion ---Movant's Affidavits ---Movant's Brief ---
___ Answering Affidavits
---Answering Brief Cross-Motion ---
___ Movant's Reply Other --- --------
R 1:6-2(t):
--- The Court made oral written findings of fact and conclusions of law explaining its disposition of the motion on , 2017.
___ If no such findings have been made by the Court, appended is a statement of reasons for the disposition of the motion on , 2017.
Y The Court concludes that explanation is not necessary or appropriate.
opposed_ K"" unopposed-----
Law Offices of Styliades and Jackson BY: Laura M. Gijfiml, Esq. Jde11tificatio11 No. 182762016 9000 Midlantic Drive Suite 105 - First Floor Mount Laurel, NJ 08054 856-596-7778 Attorneys for Defendant, Eugenio M. Azoia File No.: LA359-028649031-0009
DENISE SPARNROFf and RONALD SPARNROFf, her husband
Plain tiffs,
vs.
EUGENIO M. AZOIA, EDWARD J. DIAZCAMACHO, LOS COMPADRES TRUCKING, LLC, and ENRICO G. REYES
Defendants
FDLED MM! 1 7 ?017
,JUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKETNO.: MID-L-7211-15 J * -' !ii
CIVIL ACTION '?f"' 7 *
ORDER TO EXTEND DISCOVERY
TI1e above matter having been brought before the Coult upon motion, after attempting to
obtain consent of all parties, by the Law Offices of Styliades and Jackson, Laura M. Gifford,
attorney for Defendant, Eugenio M. Azoia, for an Order to Extend Discove1y and the court having
considered the motion papers filed by the parties, and good cause thus having been shown, it is, on
this , 2017;
ORDERED, that discovei'j' be extended sixty (60) days or until May 17, 2017; and
IT IS FURTHER ORDERED that the parties are to complete all discove1y listed below:
1. Addendum expert reports to be served by April 27, 2017;
2. Any additional discove1y is to be provided by the new discovery end date in this matter;
IT IS FURTHER ORDERED, that a copy of this Order be served upon all counsel of
record within seven (7) days of receipt. ORDERED THAT ARBITRATION
S~. BE SCHE. DULED rQp. ~vv "Le/ lO f
Opposed
Unopposed
MICHAEl,,A,TOTO, J.S.C. J.S.C. ___ ... .,--
O'BRIEN&RYAN,LLP FILED Hickory Pointe
d AhA!'I j 7 fl,.,..,
2250 Hicko1y Roa , Suite 300 "'1·1·\ l\J<t
Plymouth Meeting, PA 19462-1047 JUDGE MICH (610) 834-8800 AEL A. TOTO Attorneys for Defendant, Erica Hinz, M.D. BY: Anthony P. DeMichele
Identification No. 01610-2001 [email protected] Kim Gasparon Identification No. 02293 -2009 [email protected]
CHRISTINE VIVONA AND NICHOLAS VIVONA, HER HUSBAND,
Plaintiffs
V.
VIRTUA VOORHEES MEDICAL
: SUPERIOR COURT OF NEW JERSEY : LAW DIVISION: : MIDDLESEX COUNTY
CENTER, STACY A. MCCROSSON, : DOCKET NO: MID-L-6204-14 M.D., KRISTEN MCCULLEN, M.D., GWEN MCKENNEY, R.N., CNM, CHERRY HILL OB/GYN, A. DEMPSEY, CRNA, ERICA HINZ, M.D., REBECCA BILLY, MST, FRANCINE RACCBALDO, RN, DR. "CN", REGIONAL WOMEN'S HEAL TH GROUP, LLC, "JANE DOE," CRNA (INDIVIDUAL PERFORMING ANESTHESIA ON 1/1/13 ATC-SECTION), JOHN DOE, M.D., 2-10, JANE DOE, M.D. 1-5, JOHN DOE 1-10, JANE DOE, 1-10, JOHN DOE, CRNA 1-5, JANE DOE, CRNA 2-5, AND ABC-XYZ CORPORATION 1-10, FICTITIOUS NAMES WHOSE PRESENT IDENTITIES ARE UNKNOWN,
:ORDER Defendants
THIS MATTER having been opened to the Court by the Motion of Kim Gasparon,
Esquire, of O'Brien & Ryan, LLP, attorney for Defendant, Erica Hinz, M.D., to dismiss
Plaintiffs' Complaint without prejudice, and the Court having reviewed the moving papers, any
opposition filed thereto, the oral arsument of counsel, if any, and for good cause shown;
IT 1s oN TH1s I l .JA v oF . W,ii~cJ~ , 2011, HEREBY ORDERED
and ADJUDGED that Plaintiffs' Complaint is hereby DISMISSED WITHOUT PREJUDICE
for failing to provide the discovery compelled by Order ofNovember 18, 2016.
Plaintiffs shall comply with the Notice to Client requirements found in R. 4:23-S(a)(l)
and Appendix 2-A.
IT IS FURTHER ORDERED that a copy of this Order shall be served upon all counsel
ofrecord within seven (7) days of its entry.
____ Opposed
____ Unopposed
2
./
, J.S.C.
MICHAEL A. TOTO, J.S.C.
ST.AHL & DeLAURENTIS, P.C. BY: Douglas C. Maute, Esq. ATTY I.D. #: 016152009 10 E. CLEMENTS BRIDGE ROAD RUNNEMEDE, NEW JERSEY 08078 (856) 380-9200 ATTORNEY FOR Defendants, Stacy A. McCrosson, MD, Kristen McCullen, MD, Cherry Hill OB/GYN and Regional Women's Health
Group, LLC
Plaintiff CHRISTINE VIVONA and NICHOLAS VIVONA, her husband
vs. Defendant VIRTUA VOORHEES MEDICAL CENTER; STACY A. McCROSSON, MD; KRISTEN McCULLEN, MD; GWEN MCKENNEY, RN, CNM; CHERRY HILL OB/GYN; A. DEMPSEY, CRNA; ERICA HINZ, MD; REBECCA BILLY, MST; FRANCINE RACCBALDO, RN; DR. "CN"; REGIONAL WOMEN'S HEALTH GROUP, LLC; "JANE DOE," CRNA (INDIVIDUAL PERFORMING ANESTHESIA ON 1/1/13 ATC-SECTION); JOHN DOE, MD 1-5; JOHN DOE 1-10; JANE DOE 1-10; JOHN DOE CRNA 1-5; JANE DOE CRNA 2-5; AND ABC-XYZ CORPORATION 1-10, FICTITIOUS NAMES WHOSE PRESENT IDENTITIES ARE UNKNOWN
ft:JL~fJJ M•o 17 Cl, .. , ?
./IJDGf , '(}fl ' MiCHJJEt
-~A. roro
17176
tr 6r:J-...
6 :1_/ ;=// /'
SUPERIOR COURT OF NEW JERSEY
MIDDLESEX COUNTY
Docket No. L-6204-14
CIVIL ACTION
ORDER
This matter being opened to the Court by Douglas C. Maute, Esq. of Stahl &
DeLaurentis, P.C., attorney for Defendants, Stacy A. McCrosson, MD, I(risten McCullen, MD,
and Cherry Hill OB/GYN a Division of Regional Women's Health Group, LLC, seeking
dismissal of Plaintiffs' Complaint without prejudice, and the Court having considered the
moving papers and no good cause being shown to the contrary,
IT IS on this \ "" __ day of /-____ , 2017, ORDERED
and' ADJUDGED that Plaintiffs' Complaint is hereby DISMISSED WITHOUT PREJUDICE
pursuant to R. 4:23-S(a)(l) for failing to provide the discove1y compelled by Order of November
18, 2016.
Plaintiffs' shall comply with the Notice to Client requirements found R. 4:23-S(a)(l) and
Appendix 2-A.
IT IS FURTHER ORDERED that a copy of said ORDER is to be served upon all counsel
of record within seven (7) days of its entry.
PAPERS RECEIVED
___ Motion opposed
J Motion unopposed
/,,,.,'
c.,::.;,· ... /""
MICHAEL A TOTO, J.S.C.
J.S.C.
HOAGLAND, LONGO MORAN, DIJIIST & DOUKAS,LLP ATTORNEYS AT LAW
NORTH JERSEY 40 PATERSON ST PO B0X480 NE'\IV BRUNSVOCK, NJ
SOUTH JERSEY 701 Wt..TSEY'SMllLRO SUITE 202 HAMMONTON,NJ
:it=/'f3--
J:, 03/11// Juliann M. Alicino, Esq. (ID# 25882012) 1l,.f::.1ru HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP Af4q I U 40 Paterson Street, PO Box 480 Jt '""'" l :?flt, New Brunswick, NJ 08903 v.,.,cM, u,r (732) 545-4717 7CH4El 4 Attorneys for Defendants, Sarah Held-Goetz and Michael H. Rubin · roro
Plaintiff, SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY
ALEKSANDR VIDREVICH LAW DIVISION
vs. DOCKET NO. MID-L-4606-15
Defendants, CIVIL ACTION
SARAH HELD-GOETAZ, MICHAEL H. ORDER RUBIN, John Does #1-10, Janes Does #1-10 and ABC Corp. #1-10 (true names being unknown and fictitious
THIS MATTER having been brought before the Court on Motion of Hoagland, Longo,
Moran, Dunst & Doukas, LLP, attorneys for Defendants Sarah Held-Goetz and Michael H. Rubin,
for an Order Extending Discovery and adjourning the arbitration scheduled for April 18, 2017,
and the Court having reviewed the moving papers and for good cause shown;
IT IS ON THIS I'] day of VV\C{,tlA , 2017,
ORDERED that the discovery end date shall be extended ninety (90) days until July 4,
2017, to allow the following discovery to be completed:
Plaintiff shall provide the executed seven (7) HIPAA compliant authorizations within ten ( 10) days of this order;
Plaintiff's expert reports to be served by April 1, 2017;
Records to be exchanged by June 1, 2017;
Defense expert reports to be served by July 4, 2017;
IT IS FURTHER ORDERED that the arbitration date of April 18, 2017 be adjourned until
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.
HOAGLAND, LONGO MORAN, DUNST & DOUKAS, LLP ATTORNEYS AT LAW
NORTH JERSEY 40 PATERSON ST PO B0X480 NEW BRUNSWCK, NJ
SOUTH JERSEY 701 WLTSEY'S MILL RD SUJTE202 HAMMONTON, NJ
Papers filed with the Court:
(
(
) Answering Papers
) Reply Papers
The within Notice of Motion was:
(~pposed ( ) Unopposed
J.S.C.
MICHAEL A. TOTO, J.S.C.