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Judge Michael A. Toto, J.S.C. Disposition List
Motions Returnable ( 3/3/2017 )
Docket Case Name Motion Tvpe Motion# Disnosition L-1202-
Alfano vs Corrao Supp Ans/Def 172 WD 16
L-211-16 Bacher vs NJ Turnpike Authority Ext Disc 645 DENY
L-4035-Badolato vs Pacheco
16 Reinstate Comp 392 GRANT
L-6709-Bates vs Agarwal
16 Dismiss Count 306 ADJ 3117
L-4809-Bock vs JFK Med Center SJ 240
ADJ 3110
13 ORAL9AM
L-4809-Bock vs JFK Med Center cross SJ 865
ADJ 3110
13 ORAL9AM
L-4809-Bock vs JFK Med Center cross SJ 1120
ADJ 3110
13 ORAL9AM
L-4809-Bock vs JFK Med Center Bar Testimony 1046
ADJ 3110
13 ORAL9AM
L-6210-Bonds vs Metlife Auto & Home Ins Co
15 Compel Disc 577 GRANT
L-3101-1 Bono vs Mario's Pizza Cntr Reinstate Cornn 797 GRANT
L-6211-Boretsky vs Benedict Ext Time 225
XFER
16 VIGNUOLO
L-1003-Borrowski vs J2 Buffet Inc Strike 433 ADJ 3117
16 L-6804-
Brache vs Calixte Compel Appearance 610 GRANT 15
L-2100-Bradford vs Allen, Beck Misc 607
XFER
15 PALEY
DC-373- GRANT 10 Cach of New Jersey vs Pinales Turn over order 182
L-607-16 Caloia vs Howell Twnshp Ext Disc 504 GRANT
L-4911-Catalfamo vs Swale, et al Strike Ans 801 WD
16 L-1110-
Choppy vs Zweben Deposit Policy Limits 370 GRANT 15
L-2501-Clayton vs Seigenthaler MTD 631 WD
16 L-10903-
Cruz vs Gamboa-Basidas 14
Ext Disc 634 GRANT
L-3401- Dombroski vs Woodmere Senior 16 Citizens Housina
MTD 625 ADJ 3117
L-3409-Estate of Plytynski-Young vs Mercurio Dismiss Complaint 340 WD
16 L-4803-
Estate of Saint Sungsuwan vs Hann 15
MTD 754 GRANT
L-2001- ADJ 3117 15 Farooqi vs Dipinto Intl Logistics Supp Ans 185
L-5803- First Mercury Ins Co vs Strike Force Turn over Funds
14 of NJ 369 GRANT
L-3006-Giacomazzi vs Choubani Leave to File 3PC 430 GRANT
16 L-7308-
Gonzalez vs Patel Pro Hae Vice
16 Admission 423 GRANT
L-7513-Gordon vs Allstate Enforce Settlement 227 ADJ 3/17
13 L-7513-
Gordon vs Allstate Evi Hearing 1213 ADJ 3/17 13
L-8606-Grecco vs McGowan Camel Dep 804 GRANT
11 L-3310-
Griffin vs Amorim Dismiss Complaint 809 WD 16
L-6006-Guzzo vs Johnson Rehabilitation Inst Compel Report 1040 GRANT
14 L-6006-
Guzzo vs Johnson Rehabilitation Inst Cross - Entitlement to
1184 GRANT 14 Immunities
L-4008-High Point Ins vs Taryn Ney Reinstate Comp 798 GRANT
13 L-5595-
Jaje vs Fike Corp Compel Disc 628 ADJ 3/17 14
L-5595-Jaje vs Fike Corp Compel dep 459 ADJ 3/17
14 L-5595-
Jaje vs Fike Corp Compel Dep;
338 ADJ 3/17 14 Protective Order
DJ-61307 Kanuga vs Nawaz Enf Lit Rights 394 GRANT
09 L-5404-
Krass vs Thapar Dismiss Complaint 432 ADJ 3/17 16
L-6202-Krueger vs Llaguno-Camacho Strike 823 DENY
15 L-5306-
Lockamy vs Figueroa Stay 879 ADJ 3/17 15
L-3509-DENY
15 Lockett-Chiles vs Habib MTD 127 L-4901-
Manis vs Patel Intervene; Amend 1 /6
241 RESOLVED 15 Order
L-7610-Martinez vs Martinez; Norton
15 Dismiss Complaint 435 WD
L-6011-Mehta vs Mitchell Dismiss Complaint 532 WD
16 L-7405-
Nila vs Castaneda-Menchaca Ext Disc 683 GRANT 15
L-4602-Modis Inc vs Lubiak
Settlement 299 GRANT
15 Aareement; Dismiss L-1705- Nitya Software Solutions vs T2M
GRANT 16 Consulting Services Compel 83 L-1909- Oaks Development Corp vs Planning
Quash Subpoena 217 WD 05 Board of Twp of Old Bridqe
L-5811-Pappas vs Ford motor Co Compel Reports 497 WD
16
L-5811-Pappas vs Ford motor Co 16 Dismiss Complaint 487 WD
L-1006-Patel vs Oak Tree Plaza 16 Strike 375 WD
L-6808-Pinho vs Meridia Metro Hackensack
15 Disc Relief 414 ADJ 3/17
L-6808-Pinho vs Meridia Metro Hackensack Ext Disc; Compel
1059 ADJ 3/17 15 Production of Docs L-7303-
Quinn vs Laskowski Dismiss Complaint 563 WD 15 w/P
L-3001-Ramirez vs Hill Default Judgment 360 GRANT 14
L-507-15 Renna vs Wood Adj Arb+ Trial; Ext Disc
486 GRANT
L-507-15 Renna vs Wood Strike Ans 484 DENY
L-11511-Richard vs Ciampi
14 Enter Default 227 GRANT
L-6207-Rodriguez vs Khoury
15 MTD 861 ADJ 3/17
L-906-16 Rodriguez vs Melgar Ext Disc 734 GRANT
L-906-16 Rodriguez vs Melgar Ext Disc 550 GRANT
L-4307- RWJ Univ Hospital vs Plymouth Rock Suppress 589 WD 16 Assurance Ins Co
L-1909-16 Sangiovanni vs Kalman MTD 180
DENY
L-108-16 Saunders-Cudjoe vs Blenderman Dismiss Comp w/P 474 ADJ 3/17
L-3304-GRANT 16 Sciukaite vs Cruz SJ 151
GRANTED L-6507-
IN PART 16 Sohal vs Kaur MTD 104
L-3201-Steele vs Triple C Housing SJ 85 DENY 15
Stockton Sales Inc vs I urquo1se GRANT L-708-15 Chemistry Inc Vacate Judgment 168
L-6202-Taubler vs Soriano Dismiss Complaint 822 ADJ 3/17
16 L-3905-
Van Ness vs Frisco Compel Disc 704 GRANT 16 L-3709-
Velasco vs Leblanc Dismiss Complaint 594 WD 16
L-6502- Verizon NJ vs North Brunswick Amend to file 3PC 163 GRANT
15 Twnsho L-6204- Vivona vs Virtua Voorheed Medical
ADJ 3/17 14 Center Dismiss Complaint 72
L-6204- Vivona vs Virtua Voorheed Medical Dismiss Complaint 249 ADJ 3/17
14 Center
L-1205-Walker vs Starbucks
16 Compel Disc 547 GRANT
L-4104-Yong vs Mendoza
16 Dismiss Complaint 657 WD
L-2102-E Brunswick Hosp vs Kwacz Cross Mo 1063
XFER
16 VIGNUOLO
Jennifer McAndrew Vuotto - I.D. 02382004 ROBERT W. MCANDREW, ESQ. FILED
MA"t O 3 2017
JUDGE MICHAEL A. TOTO
222 Ridgedale Ave - Second Floor Cedar Knolls, NJ 07927 973-538-6308 Attorney for Plaintiff File No.: 3523
MARIE BONO and THOMAS BONO,
Plaintiffs,
V.
MARIO'S PIZZA CENTER.,
Defendant.
I [ SUPERIOR COURT OF NEW JERSEY [ LAW DIVISION: MIDDLESEX ! COUNTY I I DOCKET NO. MID-L-03101-16
[ Civil Action
I ORDER REINSTATING PLAINTIFF'S I COMPLAINT
---------------~
~=/9-:J--o3/03 /!'+-
THIS MATTER being opened to the Court by Robert W. McAndrew, Esq, attorneys for
Plaintiff, Marie and Thomas Bono, on notice to all parties, and the Court having reviewed the
papers submitted and good cause having been shown;
IT IS ON THIS day of ,Vlaft (j,- , 2017
ORDERED that the Plaintiffs Complaint is hereby reinstated together with Default as to
Defendant Mario's Pizza Center; and it is further
ORDERED that the Court shall hold a Proof Hearing on the
\- ~; 00 I'\\'-'\ N1udri 21 2.0 \] °' , 2016, and it is further
'
ORDERED that a copy of this Order shall be served on all parties within seven (7) days
of its receipt by moving counsel.
( ) Opposed ( X ) Uno ed MICHAELA TOTO, J.S.C. ' J.S.C.
Order reinstate
Purnima D. Ramlakhan, Esq. - NJ Attorney ID Number: 013292001 HOWARTH & ASSOCIATES, LLC 129 LITTLETON ROAD - SUITE 208 PARSIPPANY, NJ 07054 Phone: 973-734-1900 Fax: 973-734-0406 Attorneys for Defendant, MetLife Auto & Home
CURTIS L. BONDS,
Plaintiff,
vs.
METLIFE AUTO & HOME and INSURANCE COMPANY "X", a fictitious name whose actual identity is unknown to Plaintiff at this time,
Defendants.
t<';~ "( fi '3 ?!117
,JUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. MID-L-6210-15
I . I/ .. Civil Actio;:i/ · j
ORDER
THIS MATTER having been brought before the Court by Howarth
& Associates, LLC, attorneys for the Defendant, MetLife Auto &
Home, for an Order to compel Dr. Nehmer to produce complete
medical records in response to subpoena; and the Court having
considered the moving papers, and for good and sufficient cause
shown;
IT IS on this~, day of ~~;f,f--"-~'-'-""--'4-~~~~~~~' 2017,
ORDERED that Dr. Steven Nehmer be and hereby is compelled to
produce all medical records, office visits, progress notes,
evaluations, and narrative reports pertaining to plaintiff,
Curtis Bonds; it is further
ORDERED that a copy of this Order shall be served upon all
parties within seven (7) days of the date hereof. V
Opposed
unopposed
'X.
~
MICHAEL A. TOTO, J.S.C
PAPERS CONSIDERED
NOTICE OF MOTION
MOVANT'S CERTIFICATION
ANSWERING AFFIDAVIT
ANSWERING BRIEF
CROSS-MOTION
MOVANT'S REPLY
ANSWERING AFFIDAVIT OF CO-DEFENDANT
ANSWERING BRIEF OF CO-DEFENDANT
CROSS-MOTION OF CO-DEFENDANT
MOVANT'S REPLY
, J.S.C.
CHRISTOPHER S. PORRINO ATTORNEY GENERAL OF NEW JERSEY Attorney for Plaintiff R.J. Hughes Justice Complex 25 Market Street P.O. Box 117 Trenton, New Jersey 08625~0117
By: Garen Gazaryan Deputy Attorney General NJ Attorney ID: 070262013
FILED MA · R 03 2017
JUDGE MICH. 'AELA. Toro
(609) 292-6123 [email protected]
RICHARD J.BADOLATO, COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE,
Plaintiff,
v.
DANIEL PACHECO,
Defendant.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MIDDLESEX COUNTY DOCKET NO. MID-L-4035-16
Civil Action
ORDER OF REINSTATEMENT OF PLAINTIFF'S COMPLAINT
THIS MATTER having been opened to the Court upon the
motion of the Plaintiff, Richard J. Badolato, the Commissioner
of the New Jersey Department of Banking and Insurance, to
reinstate Complaint against Defendant Daniel Pacheco pursuant to
R. l:13-7(a), and the Court having read and considered the
papers submitted, and for good cause shown:
IT IS on this J day of MAAeU 2017,
ORDERED, that the Plaintiff's Complaint dismissed on
January 27, 2017, for lack of prosecution is hereby reinstated
pursuant to~ l:13-7(a); and
IT IS FURTHER ORDERED, that a copy of this Order be served
upon all parties within f] days of the date hereof.
, J.s.c. MICHAEL A. TOTO, J.S.C.
This motion was:
Opposed
Unopposed
Timothy M. Jabbour, Esq. (ID: 034622002) TRESSLER LLP 744 Broad Street, Suite 1510 Newark, New Jersey 07102 (973) 848-2900
FILED MAR O 3 2017
JUOOEMlCHAEL A. TOTO
Attorneys for Defendant, New Jersey Turnpike Authority
ARLENE BACHER, an individual
Plaintiff,
v.
NEW JERSEY TURNPIKE AUTHORITY, PNC FINANCIAL SERVICES GROUP, INC., a banking institution doing business as PNC BANK ARTS CENTER, a business entity; LIVE NATION WORLDWIDE, INC., a foreign corporation doing business in New Jersey, CLEAR CHANNEL ENTERTAINMENT, INC., on behalf of GSAC PARTNERS, a foreign corporation doing business in New Jersey, JOHN DOES 1-15 fictitious individuals; and ABC COS 1-15, fictitious business entities,
Defendants.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO.: MID-L-211-16 -4- t c;,_5
ORDER
THIS MATTER being opened to the Court by Tressler LLP, attorneys for Defendant
New Jersey Turnpike Authority ("NJTA"), on NJTA's Notice of Motion to extend the discovery
end date 90 days, and the Court having considered the proofs and for good cause shown:
IT IS on this
ORDERED that:
2478134
3 day of V'<J(+At ~ , 2017
7
M\rhOv'l ~ -e1Ae,v1d ct1&COVf0/ V,) dtv(t-er( I. The Diseevery-Ettcl-Batc in thi-ttef is ~xt.:ndecL90 days to .ftme 3, 2017;
2. A copy of this Order will be served upon all attorneys of record within 7 days of
receipt from the Court.
J.S.C. [Opposed] [Unopposed] ~)ls',_____
/
MICHAEL A. TOTO, J.S.C.
8 2478134
HOAGLAND, LONGO MORAN, 0UNST & DOUKAS,LLP ATTORNEYS AT LAW
NORTH JERSEY 40 PATERSON ST PO B0X480 NEW BRUNSV\IICK, NJ
SOUTH JERSEY 701 V\'ll.TSEY'SMILLRD SU!TE202 HAMMONTON, NJ
Jeffrey J. Czuba, Esq. (ID# 21901998) HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP 40 Paterson Street, PO Box 480
FilED t!lll.el O 3 2017
JUDGE MICHAEL A. TOTO New Brunswick, NJ 08903 (732) 545-4717 Attorneys for Defendants, Jude Calixte and Mannecie Joseph
Plaintiffs,
ANAIS CASTILLO BRACHE AMO YDANIA CANARIO
vs.
Defendants,
JUDE CALIXTE, MANNECIE JOSEPH, JUAN C. SANCHEZ-ROSALES, ET AL
SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY LAW DIVISION
DOCKET NO. MID-L-6804-15 consolidated under MID-L-6804-15 _Jj_ (5, / 0 CIVIL ACTION ~
ORDER
THIS MATTER having been brought before the Court on Motion of Hoagland, Longo,
Moran, Duns! & Doukas, LLP, attorneys for Defendants, Jude Calixte and Mannecie Joseph, for
an Order compelling Plaintiff, Anais Castillo Brache, to appear for an orthopedic examination by
Dr. Steven H. Fried on March 21, 2017 and to compel Plaintiff, Ydania Canario, to appear for a
neurological examination with Dr. Eric L. Fremed on May 3, 2017, and the Court having reviewed
the moving papers and for good cause shown;
IT IS ON THIS~ day of jP/qK.,(d-' , 2017,
ORDERED that Plaintiff, Anais Castillo Brache, appear for an orthopedic examination by
Dr. Steven H. Fried on March 21, 2017;
ORDERED that Plaintiff, Ydania Canario, appear for a neurological examination with Dr.
Eric L. Fremed on May 3, 2017;
fo1 Deee11 ,be1 29, 2016 exa11 ,i1 ,atiem; and
IT IS FURTHER ORDERED that should Plaintiff, Anais Castillo Brache and Plaintiff, !JC•r
Ydania Canario, fail to appear for this examination, Plaintiffs Complaint Sftall be dismissed upon
HOAGLAND, LONGO MORAN, DLJNST & DOUKAS, LLP ATIORNEYSATLAW
NORTH JERSEY 40 PATERSON ST POEIOX 480 NSN BRUNSVIJlGK, NJ
SOUTH JERSEY 701 WLTSEV'S MILL RD SU1TE202 H,n,MMONTON, NJ
the submission of an ex parte Affidavit attesting to Plaintiffs failure to appear for said
examinations; and
IT IS FURTHER ORDERED that a copy of the within Order shall be served upon all
Papers filed with the Court: (/ ) Answering Papers
( ) Reply Papers
The within Notice of Motion was: ( ) Opposed
('/) Unopposed ,,
J.S.C.
MICHAEL A. TOTO, J.S.C.
-://37D
03/o3/i7-..
Matthew V. Markos:an, Esq. Attorney I.D. No. 020592006
Harrington and Lombardi, LLP 508 Hamburg Turnpike, Suite 207 Wayne, NJ 07470 (973) 790-8900 Attorneys for Defendant, Jerry Zweben Our File No. KL-3391
BRAD CHOPPY,
Plaintiff,
V.
JERRY ZWEBEN, John Does 1-5 and ABC Corp. 1-5, said names being fictitious, and SELECTIVE INSURANCE: COMPANY,
Defendants.
FILED MAJ! 0 3 2017
JUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. MID-L-1110-15
CIVIL ACTION
ORDER
THIS MATTER having been opened to the Court by Harrington and Lombardi,
LLP, attorneys for defendant, Jerry Zweben, and the Court having considered any and
all moving papers and any opposition thereto, and for good cause shown;
IT IS, ON THIS __ 3 ___ day of March, 2017;
ORDERED that leave is hereby granted in favor of defendant, Jerry Zweben, to
deposit the bodily injury policy limits of $100,000.00 into Court; and, it is further
ORDERED that a conformed copy of the within Order be served upon all counsel
within _f/_,___ day of its entry hereof. .~;::::7-
~~;;:::;~ __,,.~ Opposed
'25: Unopposed '
MICHAEL A. TOTO, J.S.C.
J.S.C.
MET-2421 SWEENEY & SHEEHAN Sentry Office Plaza, Suite 500 216 Haddon A venue Westmont, New Jersey 08108 (856) 869-5600 Telephone (856) 869-5605 Facsimile Elizabeth A. Weber, Esquire Attorney I.D. No.: 012662008
FILED
JUDGE MICHAEL A. TOTO
Attorne for Defendant, CLAUDIA J. GAMBOA-BASIDAS
JlJDG. VIICHAEL , TOTO
MARIA E. CRUZ, SUPERIOR COURT OF NEW JERSEY
7f {o?:lf
b3/63/i'
Plaintiff, LAW DIVISION-MIDDLESEX COUNTY V.
CLAUDIA J. GAMBOA-BASIDAS, JESUS G. PAEZ, NEW JERSEY MANUFACTURERS, JOHN DOE (1-lOO)(FICTITIOUS NAMES) and ABC COMPANIES (1-lOO)(FICTITIOUS NAMES),
Defendants.
DOCKET NO.: MID-L-10903-14
Civil Action
ORDER
THIS MATTER having been presented to the Court on the application of Sweeney &
Sheehan, attorneys for Defendant, Claudia J. Gamboa-Basidas, requesting an Order extending
discovery by sixty (60) days.
AND the Court having reviewed the moving papers, and for other good cause shown;
IT IS, on this J day of/V1A/tl~ , 2017, ORDERED that the Discovery End Date
in this matter be extended an additional sixty (60) days, or until May 4, 2017; and
IT IS FURTHER ORDERED that the following proposed dates should apply to the
discovery to be completed in this matter:
a. The Discovery End Date in this matter is extended until May 4, 2017.
b. All expert reports and curriculum vitae from the Plaintiff shall be served on or before April 4, 2017.
c. All expert reports and curriculum vitae from the defendants shall be served on or before May 4, 2017.
JT IS FURTHER ORDERED that a copy of this Order be served upon all counsel
within _!l__ days hereof.
( ) Opposed ({S Not Opposed
ORDERED THAT ARBITRATION
Sfl;\L. L B.E SC.HEDULE. D FOR ..JIJ4l.(, z o , ·-z \!) 1 :z
J.S.C.
MICHAEL A. TOTO. J.S.C.
FEIN, SUCH, KAHN & SHEPARD, P.C. Filing Attorney: Philip A. Kahn, Attorney ID:288551973 7 Centurv .Drive, Suite 201 Parslppa'ny, New Jersey 07054
FILED V~R O 3 ?[]17
JUDGE MICHAEL A. TOTO (973) 538-4700 Attorne For Plaintiff s
GACH OF NEW JERSEY, LLC
vs.
JESSIKA PINALES
Plaintiff
SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MIDDLESEX COUNTY
DOCKET NO: DJ-326209-10 DC-000373-10
Defendant CIVIL ACTION
TURN OVER ORDER
1f- / 33--..
o?c,,Jo?>/!T
The above matter being opened to the Court on motion by Fein, Such, Kahn, & Shepard, Esqs.,
attorneys for the plaintiff, and it appearing that the Notice of Motion for Turn Over Order was duly served upon
the defendant and TD Bank - Levy Department, and there being no opposition to the granting of the Order,
and good cause being shown;
IT IS on this 3 day of ftf.Mt/t- , 2017,
ORDERED that the above mentioned bank turn over to Fein, Such, Kahn & Shepard, P.C., Attorneys
for the plaintiff, the sum of $751.53 which money is due from TD Bank - Levy Department to the plaintiff and
which money was levied upon by Sheriff Morris County pursuant to the Writ of Execution issued in the above
matter.
C110251 O/C522/M218
A COPY OF THIS ORDER SHALL BE SERVFD ON ~ 1 I INTERESTED PARTIES WITHl~I-; u,w:; 0~ TH[ DAT!' HEREOF
,,,,,_ •. ~-·-···-
~/ J.S.C.
MICHAEL A. TOTO, J.S.C,
LAW OFFICES OF JOSEPH P. AMBROSIO 216 ERNSTON ROAD
FILED MAR O 3 2017
JUDGE MICHAEL A. TOTO
PARLIN, NEW JERSEY 08859 Telephone: (732) 721-6444 Fax:(732) 525-5833
Attorney For: Plaintiffs
DONNA CALOIA,
Plaintiffs, vs.
HOWELL TOWNSHIP, et als,
Defendant( s ).
SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY
Docket No. MID-L-607-16
CIVIL ACTION
ORDER TO EXTEND DISCOVERY
This matter having been brought before the Court on motion of Joseph P.
Ambrosio, Esq., attorney for the plaintiffs, for an Order to extend discovery, and the
Court having considered the matter and good cause appearing,
It is on this J day of MA~C If , 2017;
ORDERED that discovery in this matter be extended an additional 120 days to
July 14, 2017 to complete the following discovery:
(a) Depose the defendants by March 15, 2017;
(b) Obtain medical evaluation and report by May 15, 2017;
(c) Obtain liability expert report, if deemed appropriate and necessary
following depositions of defendants, by June 23, 2017; and
(d) Obtain economist expert report by June 23, 2017;
And it is further ORDERED that a true copy of this Order shall be served upon
all parties to this action within __ J,__ __ days of receipt hereof.
___ OPPOSED
__ /_ UNOPPOSED
ICHAEL A. TOTO, J.S.C.
J.S.C.
HOAGLAND, LONGO MORAN, OOIIST & DOUKAS,LLP ATTORNEYS AT LAW
NORTH JERSEY 40PATERS0NST P0BOX480 NEW BRUNSW!CK, NJ
SOUTH JERSEY 701 \M.. TSEY'S Mlll RD SU1TE202 HAMMONTON, NJ
#75'-/
6Jj('CJ-/l=r FILED
Edward F. Ryan, Esq. (ID# 34412012) HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP 40 Paterson Street, PO Box 480
MARO 3 2017 JUDGE MICHAEL A. Toro New Brunswick, NJ 08903
(732) 545-4717 Attorne s for Defendants, Ashle M. Hann and Scott W. Hann
Plaintiffs,
ESTATE OF SANIT SUNGSUWAN, by and through SAOWALAK SUNGSUWAN, Administrator Ad Prosequendum, and individually in her own right
vs.
Defendants,
ASHLEY M. HANN, SCOTT W. HANN, MELISSA A. CORBETT and THOMAS J. CORBETT
SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY LAW DIVISION
DOCKET NO. MID-L-4803-15
CIVIL ACTION
ORDER
THIS MATTER having been brought before the Court on Motion of Hoagland, Longo,
Moran, Dunst & Doukas, LLP, attorneys for Defendants Ashley M. Hann and Scott W. Hann, for
an Order dismissing Plaintiffs' Complaint for failure produce documents demanded by
Defendants Ashley M. Hann and Scott W. Hann, and the Court having reviewed the moving
papers and for good cause shown; ·71,.i\ . M.Afl:et-4-
IT IS ON THIS_ -:> _ day of Februal:y 2017,
ORDERED that Plaintiffs ESTATE OF SANIT SUNGSUWAN, by and through
SAOWALAK SUNGSUWAN, Administrator Ad Prosequendum, and individually in her own right's
Complaint be and is hereby dismissed without prejudice for failure to produce documents
demanded by Defendants Ashley M. Hann and Scott W. Hann in the September 29, 2016 Notice
to Produce; and
IT IS FURTHER ORDERED that a copy of the within Order shall be served upon all
counsel of record within seven (7) days of the date of service hereof. ,,,-F"_ .. r~
... ,, .. /__. ----------- "'· , .. / ,/'/ /~/--) /
/~~_.r· /
,,,..-"" /
J.S.C. Papers filed with the Court: MICHAEL A. TOTO, J.S.C.
HOAGLAND, LONGO MORAN, Dlt<IST & OOUKAS,llP ATTORNEYS AT LAW
NORTH JERSEY 40 PATERSON ST PO B0X480 NEW BRUNSV\11C!(, NJ
SOUTH JERSEY 701 WLTSEY'S MILL RD SU1TE202 HAMMONTON, NJ
(" ) Answering Papers
( ) Reply Papers
The within Notice of Motion was:
( ) Opposed
C:t<'.) Unopposed
BRESSLER-DUYK LAW FIRM Marc J. Bressler, Esq. Attorney ID Number: 225221967 David S. Bressler, Esq. Attorney ID Number: 201191193 BRESSLER-DUYK LAW FIRM 60 State Highway 27 Edison, New Jersey 08820-3908 Tel: 7 32-4 94-8555 Fax: 732-494-9464 [email protected] Our file #28770 Attorney For Plaintiff(s) FIRST MERCURY INSURANCE COMPANY etc.
Plaintiff
vs.
STRIKE FORCE OF NEW JERSEY INC., a corp. using the registered fictitious name Strike Force Protective Services also Arel Investigative and Security Associates Inc.
Defendant (s).
FILED ~n 3 :"17
JUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MIDDLESEX COUNTY
Docket Number: MID-L-00:Jf803 14 J-013043-15
CIVIL ACTION ·.
ORDER FOR TURN OVER OF BANK ACCOUNT
THIS MATTER being presented to the Court by Bressler~Duyk Law Firm, attorneys for plaintiff(s) on Notice of Motion for an Order directing ConnectOne to turn over to the Bressler~Duyk Law Firm in accord with his levy thereon funds of the defendant(s) in the sum of $850.88, said funds being in the possession of ConnectOne and it appearing that due and proper levy has been made by the said Sheriff in accord with his certification of levy annexed to the moving papers and it further appearing that due and proper service of the Notice of Motion and certification of levy of the said Officer ha& been made upon the defendant(s) and upon the said ConnectOne by certified and ordinary mail, return receipts requested, and no one having filed an objection to the entry of the Order sought, and good cause appearing,
It is on this 3 , 2017 ORDERED that the said ConnectOne shall turn over to the Bressler-Duyk Law Firm, in accord with his levy thereon, funds in the sum of $850.88 in its possession, same being the funds of the defendant ( s) STRIKE FORCE OF NEW JERSEY INC., a corp. using the registered fictitious name Strike Force Protective Services also Arel Investigative and
~-=~~ ~~--- ~ Security Associates Inc.
OPPOSED
P-UNOPPOSED
p527
A COPY Or iHlll tlRDER SHALL BE SERVED ON ALL INTERESTED PARTIES WITHIN 7 DAYS OF THE DATE HEREOF
MICHAEL A. TOTO, J.S.C.
J.S.C.
SOBELPEVZNER,LLC Bella I. Pevzner, Esq. Attorney ID # 039972004 Attorneys for Defendants B.S. OF WOODBRIDGE INC. t/a UNO CHICAGO GRILL and FRANK CURATOLO INDISUTRIES LLC t/a TILTED KILT
Fuu..eo MAR 03 2017
JUDGE: MICHAL:L A. Toro
30 Vesey Street, 8th Floor New York, NY I 0007
JUAN GONZALEZ, BRYANA MOLINA by SUPERIOR COURT OF NEW JERSEY her Guardian, Ad Litem SEIDY MOLINA, and LAW DIVISION: MIDDLESEX COUNTY SEIDY MOLINA Individually,
Plaintiffs, v.
HARDIK PATEL, CONOR O'BRIAN, B.S. OF WOODBRIDGE INC. t/a UNO CHICAGO GRILL; FRANK CURATOLO INDISUTRIES LLC, t/a TILTED KILT; GEICO, JOHN DOES 1-20 and ABC CORPS. 1-20,
Defendants.
DOCKET NO.: MID-L-7308-161(), 1 CIVIL ACTION d ORDER ADMITTING CURTIS SOBEL, ESQ. PROHACVICE
WHEREAS, this matter being opened to the court by Bella I. Pevzner, Esq., a New
Jersey attorney with the law firm of Sobel Pevzner, LLC, and the attorney of record for
defendants, B.S. OF WOODBRIDGE INC. t/a UNO CHICAGO GRILL and FRANK
CURATOLO INDISUTRIES LLC t/a TILTED KILT, to permit Curtis Sobel, Esq., an attorney
admitted to the practice of law in the State of New York, to be admitted Pro Hae Vice to
participate with other counsel for B.S. OF WOODBRIDGE INC. t/a UNO CHICAGO GRILL
and FRANK CURATOLO INDISUTRIES LLC t/a TILTED KILT in all phases of the trial, and
it appearing that Curtis Sobel, Esq. is a licensed attorney in good standing in the State of New
York and for other good cause shown, namely, Mr. Sobel has had an ongoing attorney-client
relationship with B.S. OF WOODBRIDGE INC. t/a UNO CHICAGO GRILL and FRANK
CURATOLO INDISUTRIES LLC t/a TILTED KILT for an extended period of time and, this
litigation involves a field of law in which he has specific expertise;
IT IS ORDERED, on this J day of March, 2017, that the Motion is granted and
Curtis Sobel, Esq. is admitted to practice Pro Hae Vice and is authorized to appear and
participate with other counsel for B.S. OF WOODBRIDGE INC. t/a UNO CHICAGO GRILL
and FRANK CURATOLO INDISUTRIES LLC t/a TILTED KILT, pursuant to R. 1 :21-2, for all
purposes and in all proceedings, subject to the following conditions:
I. Curtis Sobel, Esq., shall abide by the New Jersey Court Rules, including a 11
disciplinary Rules;
2. Curtis Sobel, Esq., shall, and hereby does, consent to the appointment of the
Clerk of the Supreme Court as an agent upon whom service of process may be made for all
actions against Curtis Sobel, Esq., or his law firm, Sobel Pevzner, LLC, that may arise out of
his participation in this case;
3. Curtis Sobel, Esq., shall notify the Court immediately of any matter affectinghis
standing at the bar of any jurisdiction; and
4. Curtis Sobel, Esq., shall have all pleadings, briefs, and other papers filed in this
Court signed by an attorney of record authorized to practice in New Jersey, employed by the
law firm of Sobel Pevzner, LLC who shall be responsible for them, the conduct of the
litigation and of Curtis Sobel, Esq.
IT IS FURTHER ORDERED that Bella I. Pevzner, Esq., shall make payment of all
fees due to the State of New Jersey within ten (10) days of the entry of the Pro Hae Vice
Order allowing for admission and as provided in the New Jersey Rules of Court, R. 1:20-l(b),
R. I :28- 2, and R. I :28 B-1 ( e) and submit an affidavit of compliance; and
IT IS FURTHER ORDERED that the Clerk of the Court shall forward a copy of this
Order to the Treasurer of the New Jersey Fund for Client Protection; and
2
IT IS FURTHER ORDERED that a copy of this Order shall be served by attorneys for
White Castle upon all parties within seven (7) days of the date hereof
/ J.S.C.
Opposed __ _ MICHAEL A. TOTO, J.S.C.
Unopposed .>:\
3
GARTENBERG HOWARD LLP
Attorneys for Plaintiffs Two University Plaza, Suite 400 Hackensack, New Jersey 07601 Peter A. Tabisz, Esq. Attorney ID No. 02706-2008 (201) 488-4644
-------------------------------------------------------------)( MONA GUZZO,
Plaintiff,
-against-
THE JOHNSON REHABILITATION INSTITUTE and division of JFK MEDICAL CENTER, JFK HEALTH SYSTEM, INC., KELSEY ALE)(ANDER, R.N., JACKIE CHIRICHELLA, R.N., PHYSICIANS 1-10, NURSES 1-19, and )(YZ CORP.,
Defendants.
-------------------------------------------------------------)(
Futeo MAR 03 2017
JUDGE MICHAf'L A SUPERIOR COURT OF NEW JERSEY Toro MIDDLESE)( COUNTY LAW DIVISION DOCKET NO. MID-L-6006-14
Civil Action
ORDER COMPELLING
PRODUCTION OF
PATIENT SAFETY REPORT AND
AWARDING EXPENSES AND
ATTORNEY'S FEES
THIS MATTER having been opened to the Court via Motion by Peter A. Tabisz,
Esq. ofGartenberg Howard, LLP, attorneys for plaintiff, seeking an Order pursuant to Rule 4:23-
1 compelling defendants to produce a patient safety report previously and repeatedly withheld by
them in discovery pursuant to a claim of privilege; the Court having reviewed the papers
submitted in support of the application, along with any opposition and oral argument; and for
good cause shown;
rt\ilRcl-(. IT IS on this----'--- day of 4.l'ebr~, 2017 hereby
ORDERED that defendants are hereby compelled to produce aml-ser"V~on-plaint,iff
the patient safety report, otherwise referred to as an incident report, pertaining to plaintiff Mona
Guzzo' s second fall at their facility on November 25, 2012, aleng-with-any-.otherpr6\4ously
7"f priyilege se,!f!Lrth_atN.J.S,A-.-2fi:2H:ct1:25(f), within ten ( 10) days of the entry of this Order; and it is
further
ORDERED-thati}laintiff-iS-hereeyawarded-r6llsonableexpenses and attorney',;·
fee&-ine11rredin-obtaining-this-Orde~-and-it-isfurther --
ORDE-RED1nl1Tplainftfrsliaffsubmit to1heCourt;withmforrrteen(1-zt)clays--of"
the-rooeipt--oHhis-Order;-~he-requisite--Affidavit-ofServicesll1ofig wilnan aJipfoprtare-separate-
ORDERED that a copy of this Order be served on all counsel within five (5) days
of its online posting.
Opposed
Not Opposed
-~--- ,J.S.C.
MICHAEL A. TOTO, J.S.C
S:\H\Guzzo 4264.000\Pleadings\Motions\Motion to Compel Safety Report 2-17-17\Proposed Form ofOrder.docx
Allison A. Ki·illa, Esq. ID#: 024862010 WIDMAN, COONEY, WILSON, McGANN & FITTERER 1803 Highway 35 Oakhurst, New Jersey 07755 (732) 531-4141 ATTORNEYS FOR DEFENDANT(S), JFK JOHNSON REHABILITATION INSTIUTE, JFK MEDICAL CENTER, JFK HEALTH SYSTEM INC., KELSEY ALEXANDER, R.Nand JACKIE CHIRICHELLA, R.N
MONA GUZZO
Plaintiff,
vs.
THE JOHNSON REHABILITATION INSTITUTE and division of JFK MEDICAL CENTER, JFK HEALTH SYSTEM, INC., KELSEY ALEXANDER, R.N., JACKIE CHIRICHELLA, R.N., PHYSICIANS 1-10, NURSES 1-20 and XYZ CORP.
Defendants.
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION MIDDLESEX
Docket No.: MID-L-6006-14
Civil Action
ORDER GRANTING IMMUNITIES
THIS MATTER, having been opened to the Court upon application of Widman,
Cooney, Wilson, McGann & Fitterer, attorneys for defendants, JFK JOHNSON
REHABILITATION INSTIUTE, JFK MEDICAL CENTER, JFK HEALTH SYSTEM INC.,
KELSEY ALEXANDER, RN.and JACKIE CHIRICHELLA, R.N. for an ORDER to establish
entitlement to the immunities provided by N.J.S.A. 2A:53-7, et seq., specifically the $ 250,000
cap on jury verdicts for the JFK defendants, and the court having considered the matter; and for
good cause shown;
MMtV! IT IS, on this --~~,N~~~· __ day of fu~~1 , 2017,
ORDERED that the defendant, JFK JOHNSON REHABILITATION INSTIUTE, a
division of JFK MEDICAL CENTER, and JFK HEALTH SYSTEM INC. are entitled to the
statutory immunities provided pursuant to N.J.S.A. 2A:53A-7 et seq., including the$ 250,000.00 . 1 r:: {h{-:::Th,\1 (;,.05, :JO "jAo if ilj~&\ls<,v~
cap on Jury veroicT
ORDERED that plaintiffs Motion to Compel is hereby denied; and
ORDERED that plaintiffs application for fees and expenses is hereby denied; and
IT IS FURTHER ORDERED that a copy of the within Order be served upon all
counsel of record within ___ days of the entry of same.
This Motion was:
__ x __ opposed
____ unopposed
MICHAEL A. TOTO, J.S.C.
J.S.C.
Donald M. Barone, Esq. Attorney ID: 007131985 GELFAND BARONE & MOONEY 343 Thornall Street - Suite 650 Edison, NJ 08837 Tel: (732) 548-0068 Fax: (877) 242-9832 email: Attorneys for Defendant, Robert C. McGowan
KA THERINE GRECCO Plaintiff
v.
ROBERT C. McGOWAN, XYZ COMP ANY(s) and/or RICHARD ROE(s) (said names being fictitious) RYAN G. MAINES, THE OFFICE, THE OFFICE BEER BAR AND GRILL, THE OFFICE BEER BAR AND GRILL (Westfield), THE JOLLY TROLLEY, THE OFFICE BEER BAR AND GRILL (Cranford), PETER TYLICZKA, ESTATE OF PETER TYLICZKA, GILBERTS. CRYSTAL, FRANCES S. CRYSTAL, TEXAS ROADHOUSE, CONNIE'S BAR GRILL & NIGHT CLUB, THE ALE HOUSE TAVERN AND TAP, JOHNNY'S LANDSCAPING CONTRACTORS, ABC COMP ANY(s), JANE DOE(s) and/or JOHN DOE(s) (said names being fictitious)
Defendants
FILED MARO 3 2017
JUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION : MIDDLESEX COUNTY DOCKET NO.: MID-L-8606-11
Civil Action
ORDER TO PERMIT DEPOSITION OF DEFENDANT, ROBERT C. McGOWAN
SHERI TYLICZKA, General Administrator SUPERIOR COURT OF NEW JERSEY and Administratrix ad Prosequendum of the LAW DIVISION : MIDDLESEX COUNTY ESTATE OF PETER TYLICZKA and SHERI DOCKET NO.: MID-L-3769-12 TYLICZKA, Individually
Plaintiffs v.
ROBERT C. McGOWAN, RY ANG. MAINES, THE JOLLEY TROLLEY BAR AND GRILL, THE OFFICE BEER BAR and GRILL (Cranford), THE OFFICE BEER BAR AND GRILL (Westfield), GILBERTS. CRYSTAL, FRANCES S. CRYSTAL, their agents, servants and/or employees, JOHN DOES #1-10, RICHARD ROE #1-10, ABC CORPS #1-10, their agents, servants, and/or employees (said names being fictitious as real names are nnknown)
Defendants
Civil Action
THIS MATTER having been opened to the Court upon motion of Dean S. Pashaian,
Esq., attorney for plaintiff, for an Order permitting the deposition of Robert C. McGowan, and
the Court having considered the matter and good cause appearing;
IT IS on this ,3 day of _._U~~----'--e_l+ _____ ,, 2011;
ORDERED that counsel from the following offices be permitted to enter the secure
facilities of Central Reception & Assignment Facility, 101 Sullivan Way, Trenton, New Jersey,
for the oppottunity to depose the defendant, Robert C. McGowan and bring with them their files,
pens and paper:
1. Rothenberg, Rubenstein Berliner & Shimod, LLC; 2. Haworth, Coleman & Gerstman, LLC; 3. Tompkins, McGuire, Wachenfled & Bany; 4. Donald M. Barone, Esq., of Gelfand Barone & Mooney; 5. Margolis Edelstein; 6. Gill & Chamas; 7. Cipriani & Werner; 8. Methfessel & Werbel; 9. Morrison Mahoney; 10. Barry McTieman & Wedinger; 11. Robert C. McGowan, Sr., Esq.
IT IS FURTHER ORDERED that a representative from the court reporting service,
Sentry Court Reporting, be pe1mitted to enter the secured facilities of Central Reception &
Assignment Facility, 101 Sullivan Way, Trenton, New Jersey, and bring with them at that time:
1. Canying case with steno machine; 2. Laptop; 3. Tripod; 4. Steno charger; 5. Deposition book; 6. Paper tray; 7. Paper 8. Pens.
IT IS FURTHER ORDERED that said deposition shall be scheduled by the New Jersey
Department of Corrections to take place for a date and time on or before April 15, 2017; and
IT IS FURTHER ORDERED that a copy of this Order shall be served upon all parties
of record and Central Reception & Assignment Facility, 101 Sullivan Way, Trenton, New Jersey,
or any other New Jersey Department of Corrections that this defendant has been transferred to
and upon all known counsel within seven (7) days of its receipt b
_j_ Opposed
Unopposed
MICHAEL A. TOTO, J.S.C. J.S.C.
LAW OFFICES
LUTZ, SHAFRANSKI, GORMAN & MAHONEY, P.A.
77 !.IVINGSTON AVENUE P.O. BOX 596
NEW BRUNSWICII. N.J. 08903
LUTZ, SHAFRANSKI, GORMAN and MAHONEY, P.A. 77 Livingston Avenue
FILE[))
M.1,R O 3 2017
JUDGE MICHAEL A. TOTO
P.O. Box 596 New Brunswick, New Jersey 08903 (732) 249-0444 Attorneys for Plaintiff(s) Attorney Bar#: 024551983
Plaintiff(s)
ANN GIACOMOZZI,
vs.
Defendant(s)
RADIA CHOUBANI.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNT
DOCKET NO. MID-L-3006-16
CIVIL ACTION
ORDER
This matter having been brought before the Court on motion
of John R. Gorman, Esquire, for Lutz, Shafranski, Gorman &
Mahoney, P.A., attorneys for plaintiff Ann Giacomazzi, for an
Order perrni tting the filing of an Amended Complaint, and the
Court having considered the matter and good cause appearing;
IT IS on this _3 day of vt,(A~ ff , 2017;
ORDERED that plaintiff be and is hereby permitted to file
and serve an Amended Complaint to include a count for
underinsured motorists benefits against Travelers Property
Casualty Insurance Company; and it is further
ORDERED that a copy of this Order be appended to the Amended
Complaint served upon Travelers Property Casualty Insurance
Company; and it is further
LAW OFFICES
LUTZ, SHAFRANSKI, GORMAN & MAHONEY, P.A.
77 LIVINGSTON AVENUE P.O. BOX 596
NfW BRUNSWICK, N.,J. 08903
ORDERED that a copy of the within Order shall be served
upon all counsel within seven days from the date hereof.
Papers filed with the Court:
J, ( )
Answering papers Reply papers
It is ORDERED that movant shall serve, or make available, to any new party, a copy of all discovery materials within 20 days after the service of the new party's initial pleading.
It is ORDERED that an discovery in this case
shall end on Aug' ,2\,, 20 I1._ unless further extends by court order.
J.S.C.
MICHAEL A. TOTO, J.S.C.
Opposed_~Unopposecl A
tt79g o3/o?, /tY
Joel S. Schneck, Esquire - 034871998 SCHACHTER PORTNOY, L.L.C.
FILED MAR 03 2017
JUDGE MICHAEL A. TOTO
Attorneys At Law 3490 U.S. Route 1 Suite 6 Princeton, New Jersey 08540 (609)514-0999 Attorneys for Plaintiff
HIGH POINT INSURANCE A/S/0 PEDRO BAEZ AND FRANKLIN E. JER
Plaintiff,
vs.
TARYN NEY, ABC INSURANCE CO. (1-10), XYZ CORP. (1-10), and JOHN DOE ( 1-10)
Defendant.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION - MIDDLESEX COUNTY
Docket No.: L-004008-13
Civil Action
ORDER REINSTATING COMPLAINT
THIS MATTER being opened to the Court by SCHACHTER PORTNOY,
L.L.C., Attorneys for the Plaintiff, HIGH POINT INSURANCE A/S/0
PEDRO BAEZ AND FRANKLIN E. JER , on Motion to Reinstate the
Complaint and on notice to Defendant, TARYN NEY, ABC INSURANCE
CO. (1-10), XYZ CORP. (1-10), and JOHN DOE(l-10) , prose; and
the Court having considered Plaintiff's Certification and any
opposition thereto, and for good cause shown;
IT IS on this .3 day of A{~+ ORDERED that the previous Order of Dismissal is v31C4d, and
the Complaint in the above-captioned y re· ,rGJtated.
A COPY OF THIS ORDE:R SHALL BE SERVED ON Al! INTERESTED PARTIES WITHIN T DAYS OF THE DATE HEREOF MICHAEL A. TOTO, J.S.C.
J.S.C.
FILED MAR 03 2017
JUDGE MICHAEL A. TOTO
NOTICE: This is a public document,which means the document as submitted will be available to to the public upon request. Therefore, do not enter personal identifiers on it, such as Social Security number, driver's license number, vehicle plate number, insurance policy number, active financial account number, or active credit card number.
Daniel E. Schlossberg - 015102010
File# N48060A PRESSLER and PRESSLER, LLP Attorneys At Law 7 Entin Rd. Parsippany, NJ 07054-5020 1-973-753-5100
FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN YOUR ARREST
JAYESH KANUGA MD
vs.
SHAHIDA NAWAZ MOHAMMAD NAWAZ
Plaintiff
Defendants
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX County DOCKET NO. DJ-061307-09 ~ A a ,j CIVIL ACTION ':Cf( / I 7
ORDER TO ENFORCE LITIGANT'S RIGHTS
This matter having been opened to the Court by Pressler and
Pressler, LLP on plaintiff's motion for an order enforcing litigant's
rights and the defendant having failed to appear on the return date
and having failed to comply with the information
It is on the J day of /!1Af<.C, (1 adjudged:
subpoena;
2017 I ORDERED and
1) Defendant(s) SHAHIDA NAWAZ has violated plaintiff's rights as a
litigant;
2) Defendant(s) SHAHIDA NAWAZ shall immediately furnish answers as
required by the information subpoena;
3) If defendant(s) SHAHIDA NAWAZ fails to comply with the information
subpoena within ten (10) days of the certified date of mailing of this
order, a warrant for the defendant's arrest may issue out of this
Court without further notice;
4) Defendant
motion in
shall pay plaintiff's attorney
the amount of $ To~ ckTo-,-,.2,
PROOF OF SERVICE
fees in connection with this
MICHAEL A. TOTO, J.S.C.
On ,2017, I served a true copy of this Order on -----------
Defendant(s) SHAHIDA NAWAZ by sending it simultaneously by regular and
certified mail, return receipt requested to: 22 MATTHEW AVE APT A42
CARTERET, NJ 070082829
I certify that the foregoing statements made by me are true. I am aware
that if any of the foregoing statements made by me are willfully false, I
am subject to punishment.
Dated: __________ _
ADAM L. ROTHENBERG# 031841993 LEVINSON AXELROD, P.A. Levinson Plaza 2 Lincoln Highway, P.O. Box 2905 Edison, NJ 08818-2905 (732) 494-2727 Attorneys for Plaintiffs
CRAIG KRUEGER and CRESILDA KRUEGER,
Plaintiff(s), vs.
JOSE F. LLAGUNO-CAMACHO, NEW YORK PRODUCE, INC., RYDER TRUCK RENTAL and/or JOHN DOES #1-10,
Defendants
FILED MARO 3 2017
JUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY DOCKET NO.: MID-L-6202-15
CIVIL ACTION
ORDER TO STRIKE ANSWER AND
DEFENSES
The above captioned matter, having been opened to the court by
Levinson Axelrod, P.A., attorneys for the plaintiff and for good and sufficient
cause shown;
It is, on this =-1-_day of~b{ , 2017
ORDERED, that the plaintiffs motion to strike the Answer and suppress
the defenses of defendant, Jose F. Llaguno-Camacho and New York Produce,
Inc., for the defendants' failure to provide more specific answers to interrogatories
is hereby ~d; and it is further;
ORDERED that a copy of the within Order shall be served upon all
counsel of record within !}___ days from the date h,ce,r~e<IJJ..=
PAPERS CONSIDERED: '( Moving Papers _ Responding Papers
Other
Opposed Unopposed-3-. -
J.S.C.
MICHAEL A. TOTO, J.S.C.
DELANY McBRIDE, P.C. BY: Kristen L. Worley, Esquire
Stephen T. Kulp, Esquire 36 Euclid Street Woodbury, NJ 08096 Phone: (856) 202-8100 Fax: (856) 384-5957
JULIA LOCKETT-CHILES and MASSENIA CHILES,
FILED MARO 3 2017
JUDGE MICHAEL A. TOTO
Attorneys for Defendant, Magdy W Habib
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
PLAINTIFFS, DOCKET NO.: MID-L-3509-15
CIVIL ACTION
V.
MAGDY W. HABIB, WAUDYS TAXI, LLC., TAREK F. HASSIEB and TOYOTA LEASE TRUST
DEFENDANTS.
ORDER
THIS MATTER having come before the Court upon the Motion of Stephen T. Kulp,
Esquire, of Delany McBride, P.C., counsel for Defendant, Magdy W Habib, and the Court having
considered the moving papers of Defendant and any response thereto, and for GOOD CAUSE
SHOWN:
IT IS on this 3 day of 1ijjlt/l, 2017, hereby, ORDERED and DECREED
tharl'laintiffs Complaint is DISMISSED, without preji:ctice. JJo-..0 IT IS FURTHER ORDERED that all claims a11,ainst Moving Defendant, Atklf!dy ... W
. • }xN~_;) Habib, are hereby d1sm1ssed, without pr,ajudlce.
IN THE ALTERNATIVE, it is on this ___;_·3 ___ day of ;{;(}/k tf , 2017, hereby
ORDERED and DECREED that this action, in its entirety, is STAYED until Plaintiff, Julia I £'
• • • ,, -;- 6 .J~({; evM: f'-I/ 1 ·,,i1,1J<-<-'<I( ' Lockett-Chiles, IS released from pnson.oR. /VI l r d ys V\ ,,
IT IS FURTHER ORDERED, that a copy of this Order shall be served upon all parties
within seven (7) days of the date hereof.
, J.S.C.
[~pposed
MICHAEL A TOTO, J.S.C.
[ I Unopposed
Peter G. Goodman, Esq. Attorney ID No. 2967-1985 SMITH, GAMBRELL & RUSSELL, LLP 1301 Avenue of the Americas, 21'' Floor New York, New York 10019 (212) 907-9700 Attorneys for Plaintiff, Modis, Inc.
MODIS, INC., Plaintiff,
V.
PAUL LUBIAK, Defendant.
PAUL LUBIAK, individually and on behalf of all those similarly situated,
Defendant-Counterclaim Plaintiff,
v.
MOD IS, INC., a Florida Corporation,
Plaintiff-Counterclaim Defendant.
PAUL LUBIAK, individually and on behalf of all those similarly situated,
Defendant-Third Party Plaintiff,
v.
JOHN AND JANE DOES #1-40, fictitiously named officers, managers, directors, partners, agents, employees, and/or servants of Modis, Inc. with supervisory authority over Paul Lubiak, the Collective Action Plaintiffs, and the Class Action Plaintiffs responsible, in part or in whole, for Defendant Modis Inc.'s failure to pay Lubiak, the Collective Action Plaintiffs, and the Class Action
FILED MARO 3 2017
JUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MERCER COUNTY
Docket No. MID-L-4602-15
Civil Action
[PROPOSED] ORDER
SGR/14886887.1
Plaintiffs at least 1.5 times his hourly rate of pay for all hours in excess of forty hours that Paul Lubiak, the Collective Action Plaintiffs, and the Class Action Plaintiffs worked per work week,
Plaintiff-Third Pmty Defendant.
THIS MATTER having come before the Court by Smith, Gambrell & Russell, LLP,
attorneys for plaintiff, Modis, Inc. ("Plaintiff'), for an Order (i) approving the parties' settlement
of this action and the Settlement Agreement and Full and Final Release of Claims, dated January
31, 2017 ("Settlement Agreement"); and (ii) dismissing this action with prejudice, and the
defendant, Paul Lubiak, having consented to and joined in the motion; and the Court having
considered the papers submitted by the parties in supp01t of the motion, and for good cause
having been shown:
IT IS on this 3 day of March, 2017:
ORDERED that Plaintiffs motion is hereby GRANTED, and the settlement of this
action and the Settlement Agreement is hereby approved; and
IT IS FURTHER ORDERED that this action is dismissed with prejudice; and
IT IS FURTHER ORDERED that a copy of this Order shall be served on all counsel of
record and all pro se parties within seven (7) days of the date hereof.
The within Motion was:
( ) Opposed
clunopposed
J.S.C. MICHAEL A. TOTO, J.S.C.
SGR/14886887. 1
Peter K. Barber, Esq. - NJ ID No. 039851983 DALY, LAMASTRA, CUNNINGHAM, KIRMSER & SKINNER 202A Hall's Mill Road PO Box 1675 Whitehouse Station, NJ 08889-1675 (908) 572-3600 Attorneys for Defendants
A. Castaneda-Menchaca, Kessler Industries Inc. and Salem Truck Leasing, Inc.
FILED
JUDGE MICHAEL A. TOTO
EVANGELINA NILA and JOE NILA, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
Plaintiffs, DOCKETNO.: MID-L-7405-15
v. CIVIL ACTION
A. CASTANEDA-MENCHACA, SALEM ORDER EXTENDING DISCOVERY TRUCK LEASING, INC., KESSLER INDUSTRIES, INC. STATE FARM INSURANCE COMPANY, JOHN DOE 1-10, and ABC CORP. 1-10 (said names being fictitious designations),
Defendants.
THIS MATTER having come before the court upon the motion of Daly, Lamastra,
Cunningham, Kirmser & Skinner (Peter K. Barber, appearing), attorneys for the defendants A.
Castaneda-Menchaca, Kessler Industries Inc. and Salem Truck Leasing, Inc., for an Order
extending discovery; the Court having reviewed the papers submitted in support thereof and in
opposition thereto, as well as the arguments of counsel; and for good cause shown;
IT IS on this 3 day of MMe { f' , 2017,
ORDERED that the discovery end date be, and is hereby extended for a period of JgQ__
days; and it is further
ORDERED that the new discovery end date is \J\{l~ C1. 701'1 ; and it is
further
ORDERED that during the extended discovery period, the following discovery will take
place:
and it is further
a. Obtain medical, employment and driving records by April 10, 2017;
b. Provide expert reports no later than May 9, 2017;
c. Other discovery permitted by the Rules of Court no later than May 9, 2017.
ORDERED that a copy of this Order be served upon all counsel within _J__ days of the
date hereof.
Answering papers have been,(/ ) __.,?· 0 J S CJ.S.C.
MICHAEL A. TOT , . . .
have not been ( ) filed by ___________ ~
Reply papers have been ( ) have not been ( ) filed by moving party _____________ _
Opposed~ unopposed~
CHARLES D. WHELAN III, ESQ. ID #:021891981 114 Bayard Street New Brunswick, NJ 08901 (732) 214-0300 Attorney for Plaintiff
NITYA SOFTWARE SOLUTIONS INC.,
Plaintiff,
-against-
T2M CONSULTING SERVICES INC.,
Defendants.
FILED M~fl O 3 2017
JUDGE MICHAEL A. TOTO
tro33
o3/o3/t
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Docket No. MID-L-1705-16
CIVIL ACTION ORDER
This matter being opened to the Court by Charles D. Whelan III on
plaintiff's motion for an Order enforcing litigant's rights and the
defendant having failed to appear on the return date and having failed
to comply with the information subpoena;
It is on this 3 day of
ORDERED and adjudged:
1. Defendant, T2M CONSULTING SERVICES INC., has violated plaintiff's rights as a litigant;
2. Defendant, T2M CONSULTING SERVICES INC., shall immediately furnish answers as required by the information subpoena;
3. If Defendant, T2M CONSULTING SERVICES INC., fails to comply with the information subpoena within ten (10) days of the certified date of personal service or mailing of this order, a warrant for the arrest of Venkat Kadiyala, CEO ~l issue out of this Court without further notice;
4.
IVA--( Defendant, T2M CONSULTING SERVICES plaintiff's attorney fees in connection in the amount of $137.50.
Opposed_~Unopposed i.
INC., shall pay with this motion,
Law Offices of Styliades and Jackson BY.· Sean D. Castio, Esq. Identification No: 042961995 9000 Mtdlantic Drive Suite 105 - First Floor Mount Laurel, NJ 08054 856-596-7778
FILED MAR n 3 2or1
· llJDGE MICHAE~ A TOTO
Attorneys for Defendants, Elmer Melgar and Miller Auto Leasing Co. File No.: 23059122003
RUTH RODRIGUEZ,
PLAINTIFF,
vs
ELMER MELGAR, an individual; MILLER AUTO LEASING, LLC, an entity;JOHN DOES (1-5), fictitiously named individuals, ABC COS (1-5), fictitiously named business entities,
DEFENDANTS.
SUPERIOR COURT OF NEW JERSEY. LAW DIVISION: MIDDLESEX COUNTY DOCKET NO.: MID-L-906-16
CIVIL ACTION
ORDER TO EXTEND DISCOVERY
The above matter having been brought before the Court upon motion, with consent of all
parties, by the Law Offices of Styliades and Jackson, Sean D. Cascio, attorney for Defendants,
Elmer Melgar and Miller Auto Leasing Co., for an Order to Extend Discovery and the court having
considered the motion papers filed by the parties, and good cause thus having been shown, it is, on
this _:3 day of----'--M-"---'~'---'--'--------''----'-N--------, 2017;
ORDERED, that discovery be extended sixty (60) days or until May 12, 2017; and
IT IS FURTHER ORDERED that the parties are to complete all discovery listed below:
1. Depositions of all parties to be completed by March 31, 2017;
2. Any additional discovery is to be served by April 22, 2017, per Rule 4:17-7;
IT IS FURTHER ORDERED, that a copy of this Order be setved upon all counsel of
record within seven (7) days of receipt.
~-~) __ _
Opposed Unopposed 7
;fi!CHAEL A TOTO, J.S.C. J.S.C.
/
STATHIS & LEONARDIS LLC John S. Sawicki, Esq., Attorney ID #015781986 32 South Main Street Edison NJ 08837-3452 (732) 494-0600; Fax (732) 494-0206 File: 15-3454JSS Attorneys for Plaintiff
FILED (v\A;\ 0 3 20'
· JGE MICHAEL A. TOTO
RUTH RODRIGUEZ, an individual SUPERIOR COURT OF NEW JERSEY
#72!--f
o3Jo3/ IT
LAW DIVISION - MIDDLESEX COUNTY Plaintiff, DOCKET NO.: MID-L-906-16
V.
ELMER MELGAR, an individual; MILLER AUTO LEASING, LLC, an entity; JOHN DOES (1-5), fictitiously named individuals; and ABC COS (1-5), fictitiously named business entities,
Defendants.
Civil Action
ORDER
THIS MATTER having been opened to the Court on Motion of John S. Sawicki, Esq.,
attorney for the Plaintiff, Ruth Rodriguez, for an Order extending the discovery period in the within
matter, and the Court having read and considered the moving papers and opposition, if any, and for
good cause appearing;
IT IS on this 3 day of /U ~ ff , 2017;
ORDERED that the discovery period is hereby extended to June 12, 2017; and it is further
ORDERED that the depositions of all parties be completed within forty-five days of the date
hereof; and it is further
ORDERED that plaintiff shall attend defense medical examination(s) on or before May 15,
2017; and it is further
ORDERED that final medical expett reports on behalf of plaintiff shall be served on or before
May 15, 2017; and it is further
ORDERED that final medical expett reports on behalf of defendants shall be served on or
ORDERED that any other discovery not addressed in the within order shall be conducted in
accordance with the Rules of Court or as counsel may agree in writing; and it is further
ORDERED that written discovery agreements between counsel shall be enforceable
regardless of the discovery end date; but no such agreements shall operate to delay any court
scheduled events, such as, but not limited to, the discove1y end date, arbitration, settlement
conferences or trial; and it is further,
ORDERED that a copy of the within Order be served on my adversaries within l days of
the date hereof.
Opposed ( ) . / Unopposed (I)
J.S.C.
MICHAEL A. TOTO, J.S.C
RABB HAMILL, P.A. 284 AMBOY A VENUE WOODBRIDGE, NEW JERSEY 07095 (732) 636-9291 ATTORNEY FOR PLAINTIFF
AROLD RICHARD,
Plaintiff,
-vs-
FRANK CIAMPI, CS TRAILER RENTAL, ET.AL.,
Defendants.
SUPERIOR COURT OF NEW JERSEY LAW DMSION - MIDDLESEX COUNTY DOCKET NO: MID-L-11511-14
Civil Action
ORDER
THIS MATTER, having come before the Court on the application of Rabb Hamill,
P.A., attorneys for plaintiff for an Order entering default against the defendants, FRANK
CIAMPI AND CS TRAILER RENTAL, and the Court having considered the moving
papers submitted in support thereof, and in opposition thereto and good cause having been
shown;
IT IS on this :3 day of !f1JII.J N , 2017;
ORDERED that default be and hereby is entered against the defendants, FRANK
CIAMPI AND CS TRAILER RENTAL, for failure to Answer or otherwise plead within
the time provided by Court Rules; and it is;
FURTHER ORDERED that a copy of this Order shall be served upon all parties within
_J__days of the date hereof.
PAPERS CONSIDERED: ~ NOTICE OF MOTION ~ SUPPORTING AFFIDAVIT
OPPOSING AFFIDAVIT OTHER
MICHAEL A. TOTO, J.S.C.
Opposed __ _ Unopposed~
MA YO & RUSS, P.A. 743 Highway 18 East Brunswick, New Jersey 08816 (732) 613-3100 Attorney for Plaintiff
ANIS RAMIREZ, individually and
As guardian as !item for EILEEN RAMIREZ Plaintiff, vs.
JOHN/JANE DOE PHATOM DRIVER ALEXIS A.HILL. VONDELLA E. CAMPBELL, REGINA YUSUPOV, ROBERT WAGNER, PA TRICIA M. HECKEL, FELIX R. RAMIREZ, GOVERNMENT EMPLOYEES INSURANCE COMP ANY d/b/a GEICO JOE/JANE DOES 1-20 (fictitious names representing unknown persons); ABC CORPS. 1-20 (fictitious names Representing unknown entities);
Defendants.
FILED MARO 3 2017
JUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY, LAW DIVISION
DOCKET NO.:MID-L-30014 CIVIL ACTION
ORDER TO ENTER DEFAULT AGAINST DEFENDANT FOR FAILURE TO FILE AN ANSWER
THIS MATTER having come before the Court for hearing upon the application of
A.Todd Mayo, Esq., of the law firm of Mayo& Russ, P.A., attorney for the Plaintiff, and the
Comi having considered the Ce1iification of Counsel and good cause having been shown:
IT IS on this --3~_ day of ,1tAiQ.e (:{ , 2017
f[3(pD
o3Jo3/ Jr
ORDERED to Enter Default against the Defendant for their failure to answer the Claim
Petition.
ORDERED, that a copy of this Order be served upon all parties within ten (10) days of
JOHN A. CAMASSA, ESQ., #025361989 CAMASSA LAW FIRM, P.C. 1800 Route 34 Building 3, Suite 303 Wall, New Jersey 07719 (732) 749-3313
FILED
~'Os ?011
JlJDaEMIOHAa_ A. roro
Attorney for Defendant Intervenor/Third Patiy Plaintiff, NJM Our File: 1 C. 7399J
PETER RENNA, JR. Plaintiff(s),
v.
ALRED R. WOOD and CELIA E. ISRAEL, NEW JERSEY MANUFACTURERS INSURANCE COMPANY, NEW JERSEY TURNPIKE AUTHORITY and CHARTIS d/b/a NATIONAL UNION INSURANCE COMPANY OF PITTSBURGH, P.A.
Defendant( s)
NEW JERSEY MANUFACTURERS INSURANCE COMPANY
Third Party Plaintiff(s),
v.
NEW JERSEY TURNPIKE AUTHORITY
Third Pa,ty Defendant(s),
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
Docket No: MID-L-507-15
Civil Action
ORDER ADJOURNING ARBITRATION, ADJOURNING TRIAL, EXTENDING DISCOVERY AND COMPELLING DISCOVERY
This matter having been opened to the Comi by counsel for defendant Intervenor/Third
Party Plaintiff, New Jersey Manufacturers Insurance Company, prior to proceeding to arbitration
for an extension of the discovery period and exceptional circumstances having been found, n ; I
It is on this 2-__ day of i!\10 AJ \ 1" , 2017, ORDERED as follows:
1. The scheduled date of March 22, 2017 for arbitration is adjourned,+<, \V\o..y 2. 1 Q_,o(]'
2. The scheduled date of May 22, 2017 for trial is/adjourned +., J l\.~ IO, 20 ( 7,
(+f/1.J I Je-,1 0 3. The time for completion of discovery be and is hereby extended to fone~~.2-017.
4. Parties are to complete the following discovery matters within the following time periods:
Item
A. Defendant, New Jersey Turnpike Authority to provide a copy of plaintiffs wage and employment records by
B. Depositions to be completed by },!10~ ·-\ls b(._ 1....d ~ . ..J N(: . .....J 00-tt~ ( ~
Completion Date
Mar{)h~~r:Wl7 K'Jo/v,,_,)
It is FURTHER ORDERED that a copy of the within order be served upon all parties of
record within 7 days of the date hereof.
)(OPPOSED
UNOPPOSED
,.,-"":·;) .//
/// .... -· ... / /,..' ,,.,/~ ,•" , .. /
.., /
J.S.C.
CHRISTOPHER M. BRADY, ESQ., #032922009 CAMASSA LAW FIRM, P.C. 1800 Route 34 Building 3, Suite 303 Wall, New Jersey 07719 (732) 749-3313
FILED MAR09 2017
JIJl)GE MICtlAEL A. TOTO
Attorney for Defendant Intervenor/Third Party Plaintiff, NJM Our File: 1C.7399J
PETER RENNA, JR. Plaintiff(s),
v.
ALRED R. WOOD and CELIA E. ISRAEL, NEW JERSEY MANUFACTURERS INSURANCE COMPANY, NEW JERSEY TURNPIKE AUTHORITY and CHARTIS d/b/a NATIONAL UNION INSURANCE COMPANY OF PITTSBURGH, P.A.
Defendant(s)
NEW JERSEY MANUFACTURERS INSURANCE COMPANY
Third Party Plaintiff(s),
v.
NEW JERSEY TURNPIKE AUTHORITY
Third Party Defendant(s),
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
Docket No: MID-L-507-15
Civil Action
ORDER
THIS MATTER, having been opened to the Court by the Camassa Law Finn, P.C., and the
Comi having reviewed the moving papers and the opposition, if any, and for good cause shown,
It is this~ day of ~Yl~1-J_,__',__Pc~..-,+{_,__,__ ___ ,, 2017
QRDEREDtltat--theAnswei•of4efendant,-Chartisd/b-/lrNatioiiaTUi1I6n Insui:a11Ce·co111pan y of
P ittshmgh,PA,isstrickernmiidefeiise:<niupp1'ess-edfoi'Tai1 ui'eT6 appearfor deposition inN ew Jersey
puH,WHt--to--Rule-4:23-2andRule4s23-4;anditisfi.rfi11er E
0 RD-ERW-thatno-witnessmaytestifyo11behalfof defendant, Chartis d/b/a National Uni on
Insuranc_e Company of Pittsburgh; PA;atthetimeofarbitration, trial or any coverage hearings; and it
isfurther \)"~~ -J7
ORDliRED_thaLc_ounseLis. awarded .. fees and costs and therefore counsel for defendant NJM
shall su1mrit-to-this-CourtaCe1iification setting forth the fees and costs associatt!d with the filing of
this-motion
ORDERED that a copy of this Order be served within seven (7) days ofreceipt of the executed
Order of the Cami.
X Opposed
_Unopposed
MilCHAEL A TOTO, J.S.C.
J.S.C.
Jeffrey A. Savage, Esq. AIN 032581986 CASIO & CAPOTORTO Morris Corporate Center I 300 Interpace Parkway, Atrium B/C Parsippany, New Jersey 07054 Phone: 973-541-6300 File No.: 432920 Attorneys for Defendant: Daimler Trust
VIOLETA SCIUKAITE and ANATOLIJU SCIUKAITE, her husband, and AURELIJA SCIUKAITE
Plaintiff(s), vs.
L YMARIE CRUZ, DAIMLER TRUST, JOHN DOE I-X (said names being fictitious, true names presently unknown); ABC CORP I-X (said names being fictitious, true names presently unkown); and DEF EMPLOYER I-X (said names being fictitious, true names presently unknown),
Defendant( s)
'fl-1s I
tKJ:, /b3 /I}--
FILED MA/IO 3 2017
JUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION - MIDDLESEX COUNTY DOCKETNO: MID-L-3304-16
CIVIL ACTION
ORDER
This matter having been brought before the Cami on Motion of Cascio & Capotorto,
attorney for defendant, Daimler Trust, by Jeffrey A. Savage, Esq. for an Order granting
Summary Judgment to said defendant, Daimler Trust dismissing the Plaintiffs' Complaint and all
Crossclaims with prejudice against the defendant, Daimler Trust and the Court having
considered the matter and good cause appearing,
It is on thi~ day of f{IAfJ.fA{ , 2017;
ORDERED that the motion of the defendant, Daimler Trust be and is hereby granted; and
it is further
ORDERED that Summary Judgment be and is entered on behalf of defendant, Daimler
Trust dismissing the Complaint and any crossclaims against the defendant, Daimler Trust; and it
is fmiher
ORDERED, that a copy of the within Order shall be served upon all parties within
_?_days of the date of execution of the within Order.
__ Opposed __'>(:_ Unopposed
MICHAEL A TOTO, J.S.C.
J.S.C.
BY ORDER OF THE COURT State ofNew Jersey,
Robert Steele
Plaintiff(s), V.
Triple C Housing, Inc., et al
Defendant(s).
SUPERIOR COURT OF NEW JERSEY COUNTY OF MIDDLESEX LAW DIVISION
CIVIL ACTION
Docket No. MID- L-3201-15
ORDER
FILED ~.Vt O 3 ?017
JUDGE MICHAEL A. TOTO
THIS MATTER having been submitted to the Court by Law Offices of Stephen E. Gertler,
attorney for defendant, Triple C Housing, Inc., on Motion for Summary Judgment; and the Court
having considered the moving papers, pursuant to R. 1 :6-2, and good cause having been shown;
ITISONTHIS ~ DAYOFMARCH,2017,
ORDERED that the Motion for Summary Judgment is hereby DENIED for the reasons set
forth in the attached memorandum; and it is further
ORDERED that a copy of said Order shall be served upon all counsel of record within
seven (7) days of its entry.
Opposed_..?.!;: __ Unopposed, __ Hon. Michael A. Toto, J.S.C.
BY ORDER OF THE COURT State ofNew Jersey,
Robe1t Steele
Plaintiff(s), v.
Triple C Housing, et al
Defendant( s ).
I. Facts
SUPERIOR COURT OF NEW JERSEY COUNTY OF MIDDLESEX LAW DIVISION
CIVIL ACTION
. Docket No. MID-L-3201-15
Decision on Motion for Summary Jndgment
FILED MARO 3 2017
,JUDGE MICHAEL A. TOTO
The Defendant, Triple C Housing Inc. ("Triple C") moves for summary judgment in
connection with Plaintiff Robert Steele's ("Steele") Complaint, which alleges personal injury
claims that Mr. Steele allegedly sustained out of fall on March 23, 2014. Plaintiff alleges that his
injuries occurred as he was going down a stairwell and his sweatshirt sleeve caught the railing,
causing him to fall. The alleged injuries occurred on premises owned by Triple C, a non-profit
corporation that provides housing and suppo1t to individuals with mental illnesses.
II. Analysis
Defendant Triple C asserts that its motion for summary judgment should be granted for
three reasons. First, Triple C is a non-profit entity organized for a charitable purpose and entitled
to immunity under the Charitable Immunity Act, N.J.S.A. 2A: 53A-7. Second, Defendant asserts
that the Court should employ the rules of statutory construction to define "gross negligence" as
the equivalent to "willful and wanton misconduct," and as a result, the immunity afforded by the
Charitable Immunity Act can only be pierced by a willful or wanton disregard of safety. Third,
1
Defendant argues that Plaintiffs expeti, Craig L. Moskowitz, MBA, MS, PE ("Moskowitz"),
provides only a net opinion because the 2009 International Building Code is not retroactively
applied. Defendant also asse1is that Mr. Moskowitz's opinion regarding the height of the stair
risers and illumination of the staircase is irrelevant because Plaintiff in this case did not allege
that he tripped as a result of a stairway defect, but because Plaintiff caught his sleeve on a
handrail.
In opposition, Plaintiff asserts Defendant is not immune from liability because
Defendant's status as a non-profit and the corporation's purpose does not amount to
chm-itableness. Rather, Defendant's source of funds is a critical factor indicating that Defendant
is not organized exclusively for charitable purposes. Specifically, Plaintiff asse1is that Defendant
is not supported by charitable contributions, but rather funded by the state, county and municipal
grants.
Oral argument was held on Friday, March 3, 2017, in which Defendant Triple C
withdrew its Charitable Immunity and negligence claim. The only issue before this Comi is
whether Plaintiffs expert, Mr. Moskowitz, provided a net opinion.
Qualified expert testimony is admissible to assist the trier of fact. However, there must be
a factual and scientific basis for an expert's opinion. Townsend v. Piense, 221 N.J. 36, 55 (N.J. ·
2015); Bahrle v. Exxon Corp., 279 N.J. Super. 5, 30 (App. Div. 1995); Rubanick v. Witco
Chemical Corp., 242 N.J. Super. 36, 45(App. Div. 1990), modified on other grounds, 125 N.J.
421 (1991). An opinion lacking in foundation is wo1ihless. Stanley Co. of America v. Hercules
Powder Co., 16 N.J. 295,305 (1954). When an expeti's opinion is merely a bare conclusion
2
unsupported by factual evidence, i.e., a "net opinion," it is inadmissible. In re Yaccarino, 117
N.J. 175, 196 (1989); Buckelew v. Grossbard, 87 N.J. 512, 524 (1981). In essence, the net
opinion rule requires an expert witness to give the why and wherefore of his expert opinion, not
just a mere conclusion. Townsend 221 N.J. at 54; see also Jimenez v. GNOC, Corp., 286 N.J.
Super. 533, 540 (App. Div.), certif. denied, 145 N.J. 374 (1996).
Here, Mr. Moskowitz opined that: (a) Defendant was negligent in several construction
issues including maintaining proper illumination of the stai1way, stair riser height and proper
handrail extension; and (b) Defendant's negligence was a proximate cause of Plaintiff's injuries.
This Court finds that Mr. Moskowitz's report is not a net opinion because it was adequately
supported by factual evidence based on an inspection of the property, and research of the
building and the applicable building codes. Accordingly, Defendant's motion for summary
judgment is DENIED.
III. Conclusion
For the foregoing reasons, Defendant's motion for summary judgment is DENIED.
3
JOHN A. CAMASSA, ESQ., #025361989 CAMASSA LAW FIRM, P.C. 1800 Route 34 Building 3, Suite 303 Wall, New Jersey 07719 (732) 749-3313 Attorney for Defendant, Patricia L. Kalman Our File: 1 C. 7486J
DAWN M. SANGIOVANNI and RHODA L. CULBERTSON,
Plaintiff(s),
v.
PATRICIA L. KALMAN and JOHN DOE 1-5 ( fictitious names),
Defendant(s),
FILED MAR.03 2017
JUDGE MICHAEi. A. TOTO
#/f!o
D3/o3//r
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
Docket No: MID-L-01909-16
Civil Action
ORDER DISMISSING PLAINTIFF, DAWN SANGIOVANNI'S COMPLAINT FOR FAIL URE TO APPEAR AT DENTAL EXAMINATION, PAY THE NO SHOW FEE OR FOR THE ALTERNATIVE RELIEF
THIS MATTER, having been open to the Court by Camassa Law Firm, P.C., and the
Court having reviewed the moving papers, and the opposition, if any, and for good cause shown,
It is this _J day of /l'\Ml-l ~ , 2017
ORDERED that the Complaim ol plamtm, Dawn Sm,giovmmi, slmnld be !!flt! is.hereby
dismissed, for failure of the plaintiff to appear atthe January 3, 2017 dental examination with-Dr.
Philip Gernn; and 1t ,s m the al!ernative
ORDERED that the Plaintiff, Dawn Sangiovanni be Compelled to undergo a dental
examination with Dr. Philip Geron on March 13, 2017, at 2:00 P.M.; and it is further
ORDERED that plaintiff is compelled to pay the $150.00 missed appointment fee
directly to Dr. Geron within fifteen (15) days of the date of this Order; and it is further
ORDERED that a copy of this Order be served within seven (7) days of receipt of the
executed Order of the Court.
__ Opposed
_)s__ Unopposed MICHAEL A. TOTO, J.S.C.
Jae H.,cho, Esq. Attorney ID No.: 023372004 CHO LEGAL GROUP, LLC 100 Plainfield Ave., Ste SE Edison, NJ 08817 (732) 545-9600- phone (609) 613-5611- fax Attorne for TSM Brands, Inc. STOCKTON SALES, INC.,
Plaintiff,
-vs-
TURQUOISE CHEMISTRY, INC.,
Defendant.
·FILED M/\ll. O 3 ,n17
JUDGE MICHAEL A. TOTO
F /&/3
o3/c3// T
SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY
Docket No. L 708-15
ORDER VACATING ORDER AMENDING .JUDGMENT AND
ATTORNEY FEES
THIS MATTER being brought before the court by TSM Brands, Inc., by and through its
attorney, Jae H. Cho, Esq. of CHO LEGAL GROUP LLC, the arguments of counsel having been
considered and good cause having been shown;
IT IS on this -~ day of (VLct&t i 20 l 7;
ORDERED that TSM Brands, Inc.'s motion to vacate the February 5, 2016 Order amending
judgment is GRANTED; and
IT IS FURTHER ORDERED that the February 5, 2016 Order amending judgment is vacated;
and
H' IS FUR:l'HER-OR~E-R:ED{hat--TSM&rands-rnotionfurattmney1ees·ig.-granted·inthe·amount
aswGiated-with the enfarc~mentQitbis ordecincluding--but-11ee-lirnited~ottlffiffley-ree&.
IT IS FURTHER ORDERED that counsel shall serve a copy of the within Order upon the
Plaintiff within _!]_ days of the receipt of the same by way of regular and certified mail;r)turn .... /""'7 //
receipt requested.
Dated:
[;{opposed [ ] unopposed (
/ ... / / /. . .. //
/ .// ,.r"//;;;?" ' // /
/,/ /~·:~ .. ,·~/ ,./
/ . / / JSC ' / ,// ...
/ifllCHAEL A. ztdro, J.S.C.
11 /6'-/ o.SJo3/lr-
FREDRICK L. RUBENSTEIN, ESQ. (ATTORNEY ID. NO. 004651994) JAMES P. NOLAN AND ASSOCIATES, L.L.C. FILED 61 GREEN STREET WOODBRIDGE, NEW JERSEY 07095 (!,4a,( 0 TELEPHONE: (732) 636-3344 FAX: (732) 636-1175 ' ' . 3 2{Jf7 Attorneys for Defendants, Gurmail Singh and Jorave~U~ei-,AELA .roro JAGDISH SOHAL and PRABHJOT SINGH,
Plaintiffs,
-v-
JASVIR KAUR, GURMAIL SINGH, and JORAVER SINGH,
Defendants.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY
DOCKET NO. MID-L-6507-16
CIVIL ACTION
ORDER DISMISSING COMPLAINT WITH PREJUDICE
THIS MATTER having been presented to the Court by James P.
Nolan and Associates, L.L.C., Attorneys for Defendants, Gurmail
Singh and Joraver Singh, via Motion to Dismiss Plaintiffs'
Complaint with Prejudice Pursuant to Rule 4:6-2(e), and the Court
having considered the moving and responding papers and for good
cause shown;
IT IS ON THIS 71->- l,
-~:::::;i,,__ __ DAY oF ---1l'------''\.U11,,,r-"-c"".\A"------' 2011,
ORDERED that Defendants, Gurmail Singh and Joraver Singh's,
Motion to Dismiss Plaintiffs' Complaint with Prejudice Pursuant to . l vt f' ll Yt \'G( -I-ht rtttDOYl.C SO -(o r/r,.
Rule 4: 6-2 (e) be and hereby is' grante/tf and \ < \V\l 0-.htA.CW d VV\..t\/v'-Wl\YI J vUtit\
I
IT IS FURTHER ORDERED that a copy of this Order be served upon
all Counsel within ~~-z'---~
J.S.C.
(t:/.) Opposed MICHAEL A TOTO, J.S.C.
( ) Unopposed
BY ORDER OF THE COURT State of New Jersey,
Jagdish Sohal, Prabhjot Singh
Plaintiff(s), v.
Jasvir Kaur, Gurmail Singh, Joraver Singh
Defendant(s).
I. Introduction
SUPERIOR COURT OF NEW JERSEY COUNTY OF MIDDLESEX LAW DIVISION
CIVIL ACTION
Docket No. MID- L-3107-15
Decision on Motion to Dismiss
FILED MARO 3 2017
JUDGE MICHAEL A. TOTO
Defendants Gurmail Singh and Joraver Singh ( collectively as "Defendants") move to
dismiss Plaintiffs Jagdish Sohal and Prabhjot Singh's (collectively as "Plaintiffs") Complaint
with prejudice pursuant to R. 4:6-2(e), for failure to state a claim upon which relief can be
granted. Plaintiffs' Complaint asserts the following claims: (1) False AJTest and Imprisonment;
(2) Abuse of Process; (3) Malicious Prosecution; (4) Tmtious Interference with Prospective
Economic Relations; (5) Intentional Infliction of Emotional Distress; (6) Negligence; (7) Civil
Conspiracy; and (8) Prima Facie To,t.
II. Facts
Jasvir Singh, sister to Gurmail and Joraver, married Navjot Singh ("Navjot") and
emigrated from India to the United States of America. Plaintiffs allege that Defendants believed
Navjot owed them for his immigration to the United Stated and as a result, Defendants tried to
control and intimidate Navjot. Plaintiff Prabhjot, Navjot's brother, and Plaintiff Jagdish, Navjot's
1
friend, helped Navjot resist mistreatment by the Defendants. Plaintiffs allege that Defendants
responded by punishing Plaintiffs. Specifically, Plaintiffs allege that Defendants initiated a
criminal complaint against Plaintiffs based on a fabricated story alleging that Navjot physically
abused Jasvir and that Plaintiffs threatened Jasvir at gunpoint. Arrest warrants were issued for
the Plaintiffs and a trial was held on October 19, 2016 before the Honorable Allen P. Comba,
J.M.C. Judge Comba dismissed the criminal complaints against Plaintiffs and Navjot. However,
Plaintiffs' allege that because of the criminal action, Plaintiffs' taxi driver's licenses were
suspended and Prabhjot's immigration application was denied.
III. Analysis
Defendants argue that Plaintiffs' Complaint should be dismissed because the facts alleged
in Plaintiffs' Complaint do not set forth any cognizable claims. Upon a motion to dismiss for
failure to state a claim upon which relief can be granted, the complaint is "searched to determine
if a cause of action can be found within its four corners." Van Natta Mechanical Corp. v. Di
Staulo, 277 N.J. Super. 175, 180 (App. Div. 1994). Where a plaintiff fails to allege facts
sufficient to support a claim for relief, the complaint should be dismissed. Camden County
Energy Recovery Associates, L.P. v. N.J. Dept. of Environmental Protection, 320 N.J. Super. 59,
64 (App. Div. 1999). On a motion to dismiss, a court should examine a complaint to asce1tain
whether a cause of action may be gleaned from the allegations as pied. See Lieberman v. Port
Auth. ofN.Y. and N.J., 132 N.J. 76 (1993). "Dismissal is mandated where the factual allegations
are properly insufficient to supp01t a claim upon which relief can be granted." Rieder v. State
Dep't ofTransp., 221 N.J. Super. 547,552 (App. Div. 1987). Here, for the purpose of clarity,
2
each claim is addressed separately.
A. Count I: False Arrest and Imprisonment
Defendants assert that Plaintiffs failed to state a cause of action of false arrest and
imprisonment against Defendants because Defendants Gurmail and Joraver were not involved in
the filing of the criminal complaints against Plaintiffs. Specifically, the source of probable cause
leading to the arrest of the Plaintiffs includes a statement given by the victim, Jasvir, and
observations made by Officer Matos-Gonzalez. In opposition, Plaintiffs assert that Defendants
did not have probable cause to initiate action against Defendants because Defendants themselves
fabricated the story.
False mTest is constraint of a person, which may be caused by tln·eats or actionable force,
and the tln·eats may be by conduct or words. Earl v. Winne, 14 N.J. 119, 127 (N.J. 1953); see
also Patrick v. Esso Standard Oil Co., 156 F. Supp. 336,340 (Dist. Ct. 1957). It does not require
the use of physical force. Earl 14 NJ. at 127. "[F]alse imprisonment is merely unlawful
detention without more." Earl 14 N.J. at 128 (citing Lakutis v. Greenwood, 9 N.J. 101, 106
(1952). Here, Plaintiff alleges that Joraver and Gurmail aided and abetted Jasvir into making
false accusations against Jagdish and that Defendants caused the Plaintiffs to be unlawfully
detained. Def. Br. Ex. A. This Court finds that Plaintiffs failed to allege sufficient facts
indicating that Defendants engaged in any activity or conduct that resulted in confinement of the
Plaintiff by vi1iue oftln·eats or actionable force. Accordingly, Count I is dismissed without
prejudice.
B. Count II: Abuse of Process
3
Defendants assert that they were not responsible for the institution of the criminal
proceedings against Plaintiffs. In opposition, Plaintiffs claim that Defendants not only fabricated
the story that led to the criminal complaint, but Defendants thereafter continued to lie to the
police, prosecutors, and the Court.
The tmi of malicious abuse of process "is the misuse, or misapplying process justified in
itself for an end other than that which it was designed to accomplish." Baglini v. Lauletta, 338
NJ. Super. 282,293 (App. Div. 2001); see also Earl v. Winne, 14 N.J. 119, 129 (N.J. 1953).
Essential to the tmi is the requirement of "fiuiher acts" performed by the Defendant after
issuance of process. Baglini 338 N.J. at 294. The defendant's further acts represent the
"perversion or abuse of the legitimate purposes of that process." Baglini 338 N.J. at 294 (citing
Penwag Prop. Co. v. Landau, 148 N.J. Super. 493,499 (App. Div. 1997). Here, the Complaint
alleges that Defendants acted with malice, but the Plaintiffs failed to allege specific acts or
omissions performed by the Defendant. Accordingly, Count II is dismissed without prejudice.
C. Count III. Malicious Prosecution
Defendants assert that Plaintiffs failed to allege any facts to establish the elements for
malicious prosecution. In particular, Defendants did not institute a criminal action against
Plaintiffs with malice. Moreover, Defendant's argue that the criminal action was supported by
probable cause. In opposition, Plaintiffs asse1i that Defendants are liable under malicious
prosecution claim because they helped the alleged victim in a conce1ied effort to maliciously
prosecution the Plaintiffs.
Malicious prosecution requires the plaintiff to prove each of the following elements: (1) a
4
criminal action was instituted by the defendant against the plaintiff; (2) the criminal action was
motivated by malice; (3) that there was an absence of probable cause to prosecute; (4) the action
was te1minated favorably to plaintiff; and (5) plaintiff has suffered a special grievance caused by
the institution of the underlying civil claim. LoBiondo v. Schwartz, 199 N.J. 62, 90 (N.J. 2009);
see also Horn v. Viii. Supermarkets, Inc., 260 N.J. Super. 165, 172 (App. Div. 1992). Malice
means "nothing more than the intentional doing of a wrongful act without justification or
excuse." Mayflower Indus. v. Thor Corp., 15 N.J. Super. 139, 153 (Ch. Div. 1951) (citing
Brennan v. United Hatters ofN. Am., 73 N.J.L. 729 (E. & A. 1906). "Reasonable or probable
cause for the institution of a civil suit is the presence of reasonable ground for belief that the
cause of action exists supported by circumstances sufficient to warrant an ordinarily prudent man
in the belief that it exists. Mayflower 15 N.J. at 155 (citing Prosser on To1is, § 97, p. 885).
Here, the Court finds that Plaintiffs' Complaint alleges sufficient facts to infer
Defendants' malicious use of process. Plaintiffs allege that Defendants acted in a conce1ied effort
to fabricate a story and institute a criminal proceeding against the Plaintiffs. The criminal
proceeding was resolved in favor of Plaintiffs, but both Plaintiffs allege damages and special
grievances including the loss of their taxi driver's license. See Def. Br. Ex. A, ~23-24. Although
the criminai action was supported by probable cause based on the Officer's observations and the
victim's statements, dismissal of Count III is premature as discovery is ongoing.
D. Count IV: Tortious Interference with Prospective Economic Relations
Defendants assert that this count should be dismissed because Plaintiffs fail to allege any
facts indicating that Defendants interfered with their ability to drive a taxicab. On the contrary,
5
Plaintffs claim that Defendants, who each have taxi driver's licenses, knew that a criminal
allegation against Plaintiffs would cause them to lose their licenses.
A complaint based on tortious interference must first allege facts giving rise to some
"reasonable expectation of economic advantage." Printing Mart-Morristown v. Sharp Electronics
Corp., 116 N.J. 739, 751 (N.J. 1989) (quoting Harris v. Perl, 41 N.J. 455,462 (1964). The
"complaint must demonstrate that a plaintiff was in "pursuit" of business." Printing 116 N.J. at
7 51. Second, the complaint must allege facts asserting that the interference was done
intentionally and with malice, "defined to mean that the harm was inflicted intentionally and
without justification or excuse." Printing 116 N.J. at 751 (quoting Rainer's Dairies v. Raritan
Valley Farms, Inc., 19 N.J. 552, 563 (1955). Third, the facts alleged in the complaint must lead
to the conclusion that the interference caused the loss of a prospective gain. Printing 116 N.J. at
751. Plaintiff must also show that there was a reasonable probability that the victim of the
interference would have received the anticipated economic benefits ifthere had been no
interference. Printing 116 N.J. at 751 (quoting Leslie Blau Co. v. Alfieri, 157 N.J. Super. 173,
185-85 (App. Div.) Lastly, the plaintiff must show that the injury caused damages. Id. at 752.
Here, the comi finds that Plaintiffs failed to allege sufficient facts supporting the claim of
tortious interference with prospective economic relations. First, Plaintiffs allege that they were in
pursuit of driving a taxi, giving rise to a reasonable expectation of economic gain. Def. Br. Ex.
A, ,r 25. Second, Plaintiffs asseti that the interference was done with malice as Defendants aided
and abetted Jasvir in making false allegations against Plaintiffs. Def. Br. Ex. A, ,r 5-6. Third, the
Plaintiffs allege they lost their taxi driver's license as a result of the criminal action and as a
6
result suffered a loss of income. Def. Br. Ex. A, 18-10. However, Plaintiffs fail to provide
sufficient facts supporting the inference that Defendant's' interference with Plaintiffs' business
was done intentionally and with malice. Accordingly, Count IV is dismissed.
E. Count V: Intentional Infliction of Emotional Distress
Plaintiffs assert that Defendants fabrication of their story created a sequence of events
that ultimately led to the Plaintiffs losing their taxi driver's licenses, which is their only means of
supporting their families, and led to the denial Prabhjot's immigration application.
For an intentional infliction of emotional distress claim, the "plaintiff must establish
intentional and outrageous conduct by the defendant, proximate cause, and distress that is
severe." Buckley v. Trenton Sav. Fund Soc., 111 N.J. 355, 366 (N.J. 1988). The "plaintiff must
prove that the defendant acted intentionally or recklessly[,]" and that the defendant intended to
do both the act and to produce emotional distress. Ibid. The Defendant's conduct must be "so
outrageous in character, and so extreme in degree, as to go beyond all possible bounds of
decency, and to be regarded as atrocious and utterly intolerable in a civilized community."
Buckley 111 N.J. at 366 (quoting Restatement (Second) of Torts,§ 46 comment d (1979)). The
emotional distress must be "so severe that no reasonable man could be expected to endure it."
Buckley 111 N.J. at 366 (quoting Restatement (Second) of Torts,§ 46 commentj).
Here, the Cami finds that Plaintiffs complaint alleges sufficient facts to infer Defendant's
intentional infliction of emotional distress. Plaintiffs allege that Defendants fabricated a story
that led to their arrest and ultimately caused Plaintiffs to lose their taxi driver's license and denial
of Plaintiff Prabhjot's immigration application. See Def. Br. Ex. A., 1 5-6, 28-29. An inference
7
can be made that the Defendants' acts may be extreme and outrageous, that Defendants acted
intentionally or recklessly, and that Plaintiffs likely suffer severe emotional distress.
F. VI: Negligence
To prevail on a claim of negligence, a plaintiff must prove four elements: (1) a duty of
care; (2) a breach of that duty; (3) actual and proximate cause; and (4) damages.
The existence and scope of a defendant's legal duty is a question of law decided by the
court. See Carvalho v. Toll Bros. & Developers, 143 N.J. 565,572 (1996). "The detennination
of the existence ofa 'duty to exercise reasonable care to avoid the risk of hmm to another ... is
one of fairness and policy that implicates many factors.'" Clohesy v. Food Circus Supermarkets,
149 N.J. 496,502 (1997) (quoting Carvalho, supra, 143 N.J. at 572). Here, the Court finds that
Plaintiffs fail to allege facts establishing a duty of care owed to them from the Defendants.
Assuming that a duty existed, Plaintiffs failed to allege any facts that Defendants breached duty
and proximately caused damages. Accordingly, Count VI is dismissed without prejudice.
G. VII: Civil Conspiracy
Defendants argue that Plaintiffs failed to assert any facts that Defendants Gmmail and
Joraver conspired with Defendant Jasvir or that Defendants caused the anest and prosecution of
Plaintiffs.
"Civil conspiracy is a combination of two or more persons acting in concert to commit an
unlawful act, or to commit a lawful act by unlawful means, the principal element of which is an
agreement between the parties to inflict a wrong against or injury upon another, and an overt act
that result in damage." Banco Popular N.Am. v. Gandi, 184 N.J. 161, 176 (N.J. 2005) (quoting
8
Morgan v. Union County Bd. of Chosen Freeholders, 268 N.J. Super. 337, (App. Div. 1992).
Plaintiff must prove that there was "one plan and that its essential scope and nature was known
to each person who is charged with responsibility for its consequences." Weil v. Express
Container Corp., 360 N.J. Super. 599,614 (App. Div. 2003). Here, the Court finds that Plaintiffs'
complaint alleges sufficient facts to infer that Defendants conspired together to fabricate a story
that ultimately led to the institution of a criminal action against Plaintiffs, loss of their taxi
driver's licenses, and denial of Prabhjot's immigration application. See Def. Br. Ex. A.
H. VIII: Prima Facie Tort
Defendants assert that Count VIII is a "catch-all" and should be dismissed. This Court
agrees. The Supreme Couti of New Jersey has not upheld or explicitly defined a prima facie tort
claim. Richard A. Pulaski Constr. Co. v. Air Frame Hangars, Inc., 195 N.J. 457,467 (N.J. 2008).
The Supreme Couti noted definitions from other jurisdiction, but regardless of the views, a prima
facie tort encompasses the "intentional, willful and malicious hams that fall within the gaps of
law." Id. at 469. The Couti reasoned that it should not become a "catch-all" alternative and have
most frequently been permitted only in limited situations where the plaintiff would have no other
causes of action. Id. at 469-70; see also Taylor v. Metzger, 152 N.J. 490, 523 (N.J. 1998).
Accordingly, this Court finds that Count VIII is dismissed.
IV. Conclusion
For the foregoing reasons, Counts I, II, IV, VI, and VIII are dismissed without prejudice.
9
David E. Madden, Esq. - NJ Attorney ID 000722013
Martin, Kane & Kuper FILED MAR D3 2017
,IUDGE MICHAEL A. TOTO
180 Tices Lane, Building B, Suite 200 East Brunswick, NJ 08816 732-214-1800 phone 732-214-0307 fax File No. 6-04187-73 Attorneys for Defendant, New Jersey Manufacturers Insurance Company
JAMES H. VAN NESS, Plaintiff(s),
vs.
TALIA FRISCO, COREY J. FRISCO, NEW JERSEY MANUFACTURERS INSURANCE COMP ANY, ABC INC. and/or JOHN DOE 1-10, jointly, individually and/or in the alternative ·
Defendant(s).
SUPERIOR COURT OF NEW JERSEY LAW DIVISION - MIDDLESEX COUNTY
Docket No. MID-L-3905-16 _t ,i Civil Action <fl 7°7
ORDER COMPELLING DISCOVERY
This matter having been opened to the Court by David E. Madden, Esq. of Martin,
Kane & Kuper, attorneys for Defendant, New Jersey Manufacturers Insurance Company, on
notice of motion to compel discovery, and it appearing to the Court that due notice of this
motion has been given to all counsel, and the Court having considered the matter and good
cause appearing;
IT IS on this 3 day of mA fie N , 2017
ORDERED that the plaintiff be and hereby is compelled to provide the signed
employment authorization for Windsor Nissan within 14 days ; and it is further
ORDERED that a trne copy of this Order shall be served upon all counsel within
seven (7) days of the date hereof.
//~ J.S.C. D Opposed ~nopposed
Debra A Sahler, Esq. 013101997 WILDENHAIN CRINO, PC 95 Mount Bethel Road Warren, NJ 07059 (908) 757-3900
. 6'7 ff,/ :,
Attorneys for Plaintiff, Verizon New Jersey Inc.
l'ILED "'-1(9 2017
JUOOE~A.i
VERIZON NEW JERSEY INC.
Plaintiff, vs.
NORTH BRUNSWICK TOWNSHIP, NORTH BRUNSWICK TOD ASSOCIATES, LLC, PSE&G SERVICES CORP., ATLANTIC INFRATRAC, LLC, ABC CORPORATIONS (1-8) and JOHN DOES (1-8)
Defendants
SUPERIOR COURT OF NEW JERSEY LAW DIVISION - MIDDLESEX COUNTY
DOCKET NO. MID-L-6502-15
Civil Action
ORDER TO AMEND THE COMPLAINT OF VERIZON NEW JERSEY INC.
This matter being opened to the Court by the office of Wildenhain Crino, PC,
attorneys for plaintiff, Verizon New Jersey Inc., for an Order to Amend the Complaint, on
notice to all counsel of record, and the Court having reviewed the moving papers and
supporting documents, and it appearing that the movant is entitled to the relief sought;
IT IS on this 3 day of MAAc ( 1-- ' 2017;
ORDERED, that
1. Plaintiff, Verizon New Jersey Inc. be permitted to file a Third Amended
Complaint within 6D days of the signing of this Order; and
2. A copy of this Order is to be served on all counsel within seven (7) days of
the date of receipt of this Order.
It is ORDERED that movant shall serve, or make a\ra.ilab!e,, to any new party, a copy of all di1,Govery materials within 20 days after the service of the new party's initial pleading.
It Is ORDERED that all discovery in this case shall end on J,\\ ~ \Q 20 jJ_ unle~s further extended by court order.
Opposed_~Unopposed x
J.S.C.
LAW OFFICE OF JOHN TIERNEY, LLC Matthew C. Simon - ID# 009762005 f ILE D 1259 Route 46 East Building 3, Suite 133 MAR O 3 2017 Parsippany, New Jersey 07054 JUDGE MICHAEL A. TOTO _A_tt----'o_rn_ec_,;y_s_f-=-or"'--Dc__c__ef_e_n_ccd.:.can:..:..te.-: -=-St-'--a==-rb=--u==-c==-k-=-s--'C=--=o-=-r-"-o-=-r:..:..a==-tic:c;on d/b/a Starbucks Coffee Company. KHAIRAH WALKER, SUPERIOR COURT OF NEW JERSEY
Plaintiff,
v.
STARBUCKS; STARBUCKS COFFEE COMP ANY,ABC INC. (1-50); DEF, INC. (1-50) JOHN DOE (1-50), AND RICHARD ROE (1-50) (said names ABC, Inc., DEF Inc., John Doe and Richard Roe being fictitious) jointly, individually, and in the alternative,
Defendant(s).
MIDDLESEX COUNTY
LAW DIVISION DOCKET NO.: MID-L-1205-16
CIVIL ACTION
PROPOSED ORDER
This matter having been opened before this Court by the Law Office of John
Tierney, LLC, attorneys for the defendant, Starbucks Corporation, for an Order
compelling plaintiff's outstanding discovery, and the Court having reviewed all
submitted papers and for good cause shown;
IT IS on this __ 3 ___ day of MA-A-C. l:f 2017,
ORDERED that defendant, Starbucks Corporation's, Motion to compel plaintiff's
outstanding discovery is b/'.<A.ln!'7°)
IT IS ORDERED that plaintiff shall provide certified, responsive answers and
documents to the following discovery demands within ten (10) days:
10
1. Executed HIPAA compliant authorizations permitting the release of plaintiff's medical records from Dr. Kristina D. Mancini /Iselin Medical Group, Dr. Marina L. Grundman/Avelin-Iselin Medical Group, Dr. Nicholas J. Minas and Dr. Michele K. Hoh/Westwood Family Medicine.
2. An executed HIP AA compliant authorization permitting the release of plaintiff's employment/contract records from IDC Technologies [her actual @mfJleiyer not
Wtptoo]. 3. Pleass provide a G9P'.I o~ 19lah,tlff's himdwritteR ir.terrngatories, as testHieEl about.
hy plaintiff during bet d@po~ilioo. 1):::,..1 ,\ 9 4. Pleas€! provide color copies of any/all photographs taken by plaintiff which
evidence her alleged injury, including, but not limited to, the recent photos taken which plaintiff testified about during her deposition.
5. Regarding all photos, including the ones which were provided, please identify the date taken as well as the names and addresses of the persons who made
them. 6. Pleas11 provide copies of any/all material which evidence out of pocket expenses. 7. Please Ra>,<i! plaintiff execute Certifications in connection with all answers,
responses, more specific answers and more specific responses provided.
rr: IS FURffll:iR ORDERED tlmt plaintiff shall 19ay niimlmrsem.eR-t sf atterney s'
disGovery witl'lifl tl'lirty (30) dz1y s pmstta1tl to R:.4:23 1, based upon a submission of bills
tcr this Com t to 13e-suhmi.t~. twenty (20) days hereof, and to be reviewed In--Camera. ,
IT IS FURTHER ORDERED that an Order dismissing plaintiff's Complaint, with
l'J'.(J,"f prejudice, sl:I.Hl- be issued, upon application, for any violation of this Order.
11