judge michael a. toto, j.s.c. - new jersey superior court · garoniak vs petro holding inc mtd 619...
TRANSCRIPT
Judge Michael A. Toto, J.S.C. Disposition List
Motions Returnable ( 2/17 /20 I 7 )
D k oc et C N ase ame Motion Type M ' # D' ot1011 1spos1hon L-2305-
Garoniak vs Petro Holding Inc MTD 619 WO 16
L-3604-Alee vs National Union Fire Co Ext Disc 750 GRANT
15 L-7310-
GRANT 15 Alfred vs Perez-Angel Vacate Order 169 L-5904-
Appel vs Omdahl Service 451 GRANT 16
L-1904-Benitez vs Rojas
Vacate and Restore 469 GRANT
16 Comolaint L-4809-
Bock vs JFK Med Center SJ 240 adj 3/6 oral
13 at 9:00 am L-4809-
Bock vs JFK Med Center cross SJ 865 adj 3/6 oral
13 at 9:00 am L-4809-
Bock vs JFK Med Center cross SJ 1120 adj 3/6 oral
13 at 9:00 am L-4809-
Bock vs JFK Med Center Bar Testimony 1046 adj 3/6 oral
13 at 9:00 am L-6211- xfer
16 Boretsky vs Benedict Dismiss Complaint 163 Vignuolo L-6211-
Boretzky vs Benedict MTD 600 xfer
16 Vignuolo L-2101-
Bradford vs Allen, Beck MTD 30 xfer Paley 15
L-3801-xfer Paley
15 Capanna vs Santiago SJ 157 L-4911-
Catalfamo vs Swale, et al Strike Ans 801 16 ADJ 3/3
L-608-16 Catallo vs Park Village Strike Answer 610 WO
L-3406-Chrysler Fin Corp vs Lee Dismiss Complaint 580 GRANT
97 L-4108-
Ciesielski vs NJM Ins Co Dismiss Complaint 569 xfer
16 Vignuolo 1-01806-
Corisdeo vs Martin Compel Dep 679 GRANT 16
1-01806-Corisdeo vs Martin Compel Dep 1161 GRANT
16 L-1103-
Davis vs Caruso Ext Disc 767 GRANT 16
L-4305-Donahue vs A.J. Perri Inc Ext Disc 1024 GRANT
15 L-7502-
Early vs NJM Ext Disc 1003 GRANT 15
L-4803-Estate of Saint Sungsuwan vs Hann MTD 754 ADJ 3/3
15
L-1097-Foley vs Farm Tech Welding GRANT
14 Turnover 140
L-3102-xfer
15 Gi/Carrasquillo vs Bhatti MTD 967 Vignuolo -
adj 3/3 L-4509-
Gilbert vs Kar Leave to File 3PC 685 GRANT 16
L-4007-Giliberti vs Bessemer Trust Reinstate Complaint 349 GRANT
16 L-4802-
Glick vs NJM Ins Co Ext Disc; Adj Arb 463 GRANT 15
L-6006-Goode vs Vanek Ext. Disc 893 GRANT
15
L-7513-Gordon vs Allstate Enforce Settlement 227
ORDER TO 13 BE POSTED
L-7513-Gordon vs Allstate
Relieve Counsel; 840 GRANT
13 Fees L-6006-
Guzzo vs Johnson Rehabilitation Inst Ext Disc; Bar Report 273 DENY 14
L-6006-Guzzo vs Johnson Rehabilitation Inst Compel Report 1040 ADJ 3/3
14 L-6006-
Guzzo vs Johnson Rehabilitation Inst Cross - Entitlement to
1184 ADJ 3/3 14 Immunities
L-3309-Hafez vs Macy's Woodbridge Sub Serv 1023 GANT
15 L-6107-
JAG Physical Therapy vs Acquaro Lit Rights 437 GRANT 14
L-7302-Kenvin vs Winding Wood Apts Ext Disc 1076 WD
15 L-4110-
Lenart vs Retamozo Amend Complaint 818 GRANT 16
L-3001-Linden Arms vs Bridgeway MTDw/P 545 DENY
16 L-3001-
Linden Arms vs Bridgeway Cross-Amend
430 GRANT 16 Comolaint
L-5011-Lanski vs Strauss MTD 623
xfer 16 Vignuolo
L-5205-Lyons vs BP Auto Group Dismiss Complaint 391 DENY
15 L-5205-
Lyons vs BP Auto Group Cross-MTD 1038 GRANT 15
L-4711-Maisano vs Lancome MTD 753
GRANT IN 15 PART
L-5201- Margelis vs Friends Retirement Compel Disc 981 GRANT
15 Concepts L-7402-
WD 15 Marolla vs Geico Insurance Company Ext Disc 244
L-6902-Marrero vs Amsterdam Alley Bar Ext Disc 760 WD
15 L-6508-
xfer Paley 14 Matias vs Romero SJ 84
L-3207-Nandi vs Herkalo Dismiss Complaint 445 WD
16
L-2701-NJ Higher Edu vs Bove Decrease Payment 371
ORDER TO 13 BE POSTED
L-2701-NJ Higher Edu vs Bove Order to Pay 695
ORDER TO 13 BE POSTED
L-2310-NJ Higher Edu vs Robert Bove
Wage Execution; 449
ORDER TO 13 Amend Judgment BE POSTED
L-3906-Pitts vs NJM Ins Co Adj Arb, Ext Disc 664 GRANT
15 L-7303-
Quinn vs Laskowski Dismiss Complaint
563 ADJ 3/3 15 w/P
L-6707-Ramirez va Vilchka Ext Disc 634 GRANT
15
L-11-16 Rios vs Antlantic Realty Amend Complaint 530 GRANT
L-11-16 Rios vs Antlantic Realty Strike Ans 1039 WD
L-6207-Rodriguez vs Khoury MTD 861 ADJ 3/3
15 L-108104-
Rosa-Arocho vs Gonzalez Bifurcate Trial 734 DENY 14
L-6807-Rosales vs Wal-Mart Aid Lit. Rights 758 WD
16 L-3904-
Rothschild vs Sullivan MTS Answer 653 xfer
16 Vignuolo
L-3308-Salazar vs Randall MTD 531 GRPiNi 16
L-1701-Salib vs Castlepoint Ins Co MTD w/P 296 ADJ 3/17
16
L-108-16 Saunders-Cudjoe vs Blenderman Compel 942 GRANT
L-3-16 Scott vs Princeton Medical Center Ext Disc 1049 GRANT
L-6101-Sears vs Magliaro
15 Ext Disc 1032 GRANT
L-3201- GRANT 15 Steele vs Triple C Housing Compel Disc 158
L-3201-Steele vs Triple C Housing
15 SJ 85 ADJ 3/3
xfer L-803-16 Troche vs Prospect Pointe MTD 481 Vignuolo -
adj 3/3
xfer L-803-16 Troche vs Prospect Pointe MTD 622 Vignuolo -
adj 3/3
DC-Twnshp of South Brunswick vs
013693- Enf. Lit. Rights 721 GRANT 15
Allstate
L-2204-Valencia-Martinez vs Gladstone MTDw/P 711 GRANT
16 L-6204- Vivona vs Virtua Voorheed Medical
ADJ 3/3 14 Center Dismiss Complaint 72
L-6204- Vivona vs Virtua Voorheed Medical Dismiss Complaint 249 ADJ 3/3
14 Center L-1310-
Webb vs Rolling MTDw/P 323 WD 16
L-1310-Webb vs Rolling Cross- Vacate Order 1113 GRANT
16 L-1804- Worldwide Asset Purchasing vs
Enf. Lit. Rights 579 GRANT 05 Mendoza
L-5595- Jaje v. Fike Corporation and Compel Dep 338
ORDER TO 14 Suppression Systems BE POSTED
L-5595- Jaje v. Fike Corporation and Cross - Protective 595
ORDER TO 14 Suppression Systems Order BE POSTED
THE LAW OFFICE OF GREGORY A. SMITH LLC Gregory A. Smith, Esquire Identification No.: 036311999 1600 Market Street, Suite 1810 Philadelphia, PA 19103 (215) 422-4100
ANDRE J. ALFRED
plaintiff vs.
CESAR PEREZ-ANGEL, PEDRO A. DUKE and JOHN DOE DEFENDANTS 1-50
defendants
FILfEJJ r:r:q 1 . . 1 ?''17
JUDGE lvl!CH, ... 'AEL A. roro
Attorney for Plaintiff
SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY
NO. MID-L-7310-15 I ORDER
THIS MATTER have been brought before the Court on the Motion filed by Gregory A.
Smith, Esquire of the Law Office of Gregory A. Smith, attorney for plaintiff, it is on this. __ _
, 2017, ORDERED and DECREED that:
1. Plaintiffs Motion to Vacate the Order of Dismissal of Plaintiff Complaint without
prejudice dated /sJUv :; .J-01 bis GRANTED.
2. Plaintiffs Complaint is hereby REINSTATED.
3 Th@ disesvery end date is heieby exte:nndJdee(dLt[!;o!...:':;;;;;;;;;;;===="',.22.00.J+l+.
4. It is further ORDERED and DECREED that a copy of the within Order is to be served
upon counsel of all record within in seven (7) days of its entry.
BY THE COURT
~ ... /...,-J s c<f. MICHAEL A. TOJO, · · ·
KING, KITRICK, JACKSON & McWEENEY, LLC 241 Brick Boulevard PO Box 547 Brick, NJ 08723 (732)920-8383 Telephone (732)920-8885 Facsimile ATTORNEYS FOR DEFENDANT(S), Allstate ATTORNEYID#l19272014
IHABALEE,
Plaintiff(s),
: SUPERIOR COURT OF NEW JERSEY LAW DIVISION
MIDDLESEX COUNTY : DOCKET NO.: MID-L-3604-15
vs.
NATIONAL UNION FIRE COMP ANY OF PITTSBURGH, PA, and ALLSTATE NEW : JERSEY PROPERTY AND CASUALTY INSURANCE COMPANY,
Defendant(s).
Civil Action
ORDER
This matter having been opened to the Court by King, Kitrick, Jackson &
McWeeney, attorneys for the Defendant, William E. Wells, Jr., Esq., appearing, for an order
to extend the discovery end date ninety (90) days pursuant to R. 4:24-l(C); to Compel the
plaintiff to provide outstanding discovery and good cause having been shown;
IT IS on this a day of [-e~ldil o,..,~ 2017
ORDERED that discovery shall be and hereby is extended for a period of 90 days
from March 19, 2017 to June 17, 2017; and it is
FURTHER ORDERED that all that the plaintiff shall be Compelled to provide
executed authorizations for Atlantic Sine Specialist, DRA and Dr. Nayal by March 3, 2017;
and it is
FURTHER ORDERED that the plaintiff shall be Compelled to provide discovery
answers and workers compensation records from the underlying matter in Alee v. Kunitz, et
llL by March 3, 2017; and it is
FURTHER ORDERED that all parties obtain medical records by April 21, 2017;
and it is
FURTHER ORDERED that all expert reports shall be exchanged by May 26, 2017;
and it is
IT IS FURTHER ORDERED that a copy of the within Order shall be served upon
all parties within l days of the date herein.
Contested ( ) Uncontested (\I.)
ORDERED THAT ARBITRATION SHALL BE SCHEDULED FOR
f\'811,yl I, 'JO(]
J.S.C.
MICHAEL A. TOTO, J.S.C.
RABB HAMILL, P.A. 284 Amboy Avenue Woodbridge, NJ 07095 TEL: 732-636-9291 Attorneys for Plaintiff Ryan M. Appel
Plaintiff
vs
Angela S. Omdahl
Defendant
FILED FEB 1 7 2017
JUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY
DOCKET NO. MID-L-5904-16
CIVIL ACTION
ORDER
This matter being opened to the Court pursuant to Rule 1 :6-2 on Motion of Rabb,
Hamill, P.A., attorneys for plaintiff, and upon notice to Geico Insurance Company and
the Court having read and considered the pleadings filed and for good cause being
shown;
IT IS on this _ _,_'_,'l'----_day of fef',Rcu.~l/ I
, 2017;
ORDERED that the plaintiff is hereby granted leave to serve Geico Insurance
Company, with the Summons and Complaint in this matter in lieu of serving the
defendant, Angela S. Omdahl; and it is
FURTHER ORDERED that a copy of this Order be served on all parties within
-·----'l __ days of the date hereof.
MICHAEL A. TOTO, J.S.C.
(
NEAL M. UNGER, P.C. ATTORNEYS AT LAW WILLIAMSBURG COMMONS 3-E AUER COURT EAST BRUNSWICK, NJ 08817 (732) 390- 1744
ATTORNEYS FOR PLAINTIFF Attorney ID No. 018531983 Maria Benitez, Florencia Rosas-Quintero, Xiomara Flores-Pineda and Modesta Pineda-Benitez.,
Plaintiffs, v.
JUAN C. ROJAS, JOSUE CHANEZ LOUIS DEMARCO, WATER CORP., JOHN DOES, l through 10 (said names being fictitious and presently unknown), X, Y and Z Corporations ( said entities being fictitious and presently unknown) and LIBERTY MUTUAL INSURANCE co.'
Defendant (s).
../1__,r'/, C. ..,-~rv7
SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY
DOCKET NO.: MID-L-1904-16
CIVIL ACTION
ORDER VACATING DISMISSAL AND RESTORING PLAINTIFF'S COMPLAINT
TO TRIAL CALENDAR
THIS MATTER having been opened to the Court on motion of Neal M.
Unger, P.C., attorneys for Plaintiff(s), Maria Benitez,
Florencia Rosas-Quintero, Xiomara Flores-Pineda and Modesta
Pineda-Benitez, Neal M. Unger, Esq. appearing, seeking an Order
Vacating the Order of the Hon. Arthur Bergman, J.S.C. dismissing
Plaintiff's complaint without prejudice entered January 6, 2017,
and Restoring Plaintiff's Complaint to the Active Trial
Calendar, and the Court having considered the pleadings; and for
other good cause having been shown;
IT IS, on this ll day of February, 2017,
ORDERED, that the January 6, 2017 Order Dismissing Plaintiff's
Complaint without Prejudice for Failure to Answer
Interrogatories and failure to respond to Defendants' Notice to
Produce entered by the Hon. Arthur Bergman, J.S.C. be and the
same is hereby vacated; and it is further
ORDERED that Plaintiff's Complaint shall be reinstated and the
matter restored to the active trial calendar upon payment of the
$100.00 restoration fee; and it is further
ORDERED that a copy of this Order be forwarded to all counsel of
record within days of the date hereof.
J.S.C. Opposed <
MICHAEL A. TOTO, J.S.C. r) Unopposed
#5'60
FORMC Q;}_ J 19 } I 7r-·
CHANG LEE
SUPERIOR COURT OF NEW JERSEY LAW DIVISION
Your Name
15 SPRINGFIELD ROAD Street Address
NORTH BRUNSWICK, NJ, 08902 Town, State, Zip Code
(908) 705-3713 Telephone Number
CHRYSLER FINANCIAL CORP
CHANG LEE
Plaintiff
vs.
Defendant
Middlesex County
Docket Number L-3406-97
CIVIL ACTION Order
This matter having been brought before the Court on Motion of (check one) D plaintiff ~ defendant for an Order (describe relief requested)
to dismiss the complaint and release the judgment lien against Chang Lee.
and the Court having considered the matter and for good cause appearing,
It is on this 17 day of February , 20 1 ORDERED as follows:
)
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D opposed
IZJ unopposed
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Revised 11/2014, CN 10555-English (How to File a Motion) Page11 of11
Attorney ID #000142007 PALMlSANO & GOODMAN, P.A. I 71 Main S tree! P.O. Box 518 Woodbridge, New Jersey 07095-0518 (732) 634-6464 Attorneys for Plaintiff
KATHLEEN CORISDEO,
Plaintiff, vs.
ARETHA A.MARTIN, IRF AAN KAZAM, and AUSTIN MARTIN,
Defendants.
' : SUPERIOR COURT OF NEW JERSEY ' LAW DIVISION:MIDDLESEX COUNTY
DOCKET NO. MID-L-01806-16 f / 17 CIVIL ACTION
ORDER
This matter having been brought before the Court on motion returnable February 17, 2017
filed by the law firm of Palmisano & Goodman, P.A., attorneys for plaintiff; for an Order
compelling defendants, Aretha A. Martin, Irfaan Kazam and Austin Martin, to appear for the taking
of their oral depositions, and the Court having considered the matter and good cause appearing,
i' IT IS on this / ·1 day of February, 2017;
ORDERED that the defendants, Aretha A. Martin, Irfaan Kazam and Austin Martin, shall
be compelled to appear for the taking of their oral depositions on Thursday, March 23, 2017 at
10:00 a.m. at the law office of Palmisano & Goodman, P.A., 171 Main Street, Woodbridge, NJ;
and
IT IS FURTHER ORDERED that this Order be served upon all parties of record within
seven days of the posting of this Order.
Papers considered: ( ) Moving Papers ( ) Opposition ( ) Reply
.... ·················~--.) .. •· «/' --.~ ~-MICHAEL/A. TOTO. J.S.C.
Nelson A. Miranda, Esq.-NJ Attorney ID Number:038431997 HOWARTH & ASSOCIATES, LLC 129 Littleton Road - Suite 208 Parsippany, NJ 07054 Phone: 973-734-1900 Fax: 973-734-0406 IFILfEo Attorneys for Defendants, Aretha A. Martin, Irfaan Kazam and Austin Martin
,t:,·';1 11 ::in,7
KATHLEEN CORISDEO,
Plaintiff,
v.
ARETHA A. MARTIN, IRFAAN KAZAM and AUSTIN MARTIN,
Defendants.
IUDGr. Mir.I-IA . '. SUPERIOR COURT OF NEW JE!~.'SEJ,r )j LAW DIVISION: MIDDLESEX comfr9J"O DOCKET NO. MID-L-1806-16
411°1 Civil Action
ORDER
THIS MATTER having been opened to the Court by Howarth &
Associates, LLC, attorneys for the Defendants, Aretha A. Martin,
Irfaan Kazam and Austin Martin, for an Order compelling plaintiff
to appear for the taking of her deposition, and the Court having
considered the moving papers, and for good and sufficient cause
shown;
IT IS on this .tl__ day of -'-:::--~_<_n_~_t_H_.'--~~~~~~~, 2017,
ORDERED that Plaintiff, Kathleen Corisdeo, shall be
compelled to appear for the taking of her deposition on March 23,
2017 at 10:00 a.m. at the offices of Palmisano & Goodman, P.A.,
171 Main Street, Woodbridge, New Jersey; and it is further
ORDERED that a copy of this Order shall be served upon all
parties within seven (7) days of the date hereof.
Opposed
Unopposed MICHAEL A. TOTO, J.S.C.
, J. S. C.
I
/
PAPERS CONSIDERED
NOTICE OF MOTION
MOVANT'S CERTIFICATION
ANSWERING AFFIDAVIT
ANSWERING BRIEF
CROSS-MOTION
MOVANT'S REPLY
ANSWERING AFFIDAVIT OF CO-DEFENDANT
ANSWERING BRIEF OF CO-DEFENDANT
CROSS-MOTION OF CO-DEFENDANT
MOVANT'S REPLY
The Law Office of JUENGLING & URCIUOLI ATTORNEYS AT LAW 90 WOODBRIDGE CENTER DRIVE, SUITE 330 WOODBRIDGE, NJ 07095 TEL: (732) 582-3246 FAX: (732) 582-3231 By: Matthew R. Panas, Esq. - Attorney I.D. 044632005
Attorney for defendants, A.J. Perri, Inc. and Kevin Young, Jr.
ISABEL DONAHUE and BRIAN DONAHUE, H/W,
Plaintiff, V.
A.J. PERRI, INC., KEVIN YOUNG, JR. and JOHN DOES 1-10 (fictitious names, present identity unknown) and ABC CORP. 1-5 (fictitious entities, present identity unknown),
Defendants.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET: MID-L-4305-15
Civil Action
ORDER
This matter having been opened to the Court on a Motion by Matthew R. Panas, Esq., Attorney for
Defendants, A.J. Perri, Inc. and Kevin Young, Jr., for an Order to extend the discovery end date by an
additional sixty (60) days from the current discovery end date of February 24, 2017 to April 25, 2017, and the
Court having considered the moving papers, opposition, if any, and for good cause shown;
. ·11,-IT IS on this / 1 day of [e\ov:y Ul'lj , 2017;
ORDERED that the discovery end date be extended for additional sixty (60) days from February 24,
2017 to April 25, 2017; and it is further
ORDERED that the discovery deadlines are as follows:
DISCOVERY TO BE COMPLETED
Plaintiffs deposition February 10, 2017
Defendant to obtain plaintiffs medical March 20, 2017 records
Plaintiff to appear for IME April 5, 2017
Defendant's expert report to be served April 20, 2017
IT IS FURTHER ORDERED that a copy of this Order be served upon all counsel of interest within
-+ days of the date hereof.
() Opposed ('.") Unopposed
/ /' J.S.C.
... , MICHAEL A. TOTO, J.S.C.
JUDITH E. COLLINS, ESQ. ID NO.: 024531994 LAW OFFICES OF TERKOWITZ & HERMESMANN 400 ATRIUM DRIVE, FIFTH FLOOR SOMERSET, NEW JERSEY 08873 IF'f/3 1 l 2017 732-805-2800 ,JUIJGf MICHAEi ATTORNEY FOR DEFENDANT, RON CARUSO CONSTRUCTION Co., INC., RON CARUSO, - A. TOTO VINCENT CARUSO JEC/CC: 326423
MYER DAVIS, )
vs.
Plaintiff( s ), ) ) )
RONALD CARUSO, RON CARUSO
CONSTRUCTION Co., INC. VINCENT
CARUSO, JOHN DOE 1-X AND JANE ROE 1-X, SAID NAMES BEING FICTITIOUS,
Defendant(s).
) ) ) ) )
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. MID-L-1103-16
CIVIL ACTION
ORDER EXTENDING DISCOVERY AND
SETTING NEW DISCOVERY END DATE
This matter came before the Court on application of counsel for defendants, Ron Caruso
Construction Co., Inc., Ron Caruso and Vincent Caruso, for an extension of discovery and/or an
adjournment of the presently fixed trial date. For good cause shown,
1 -7 ,\,1,, r IT IS on this I day of ~ ebYvt lt':J 2017,
ORDERED that:
(a) the time for the completion of discovery is hereby extended for a period of
sixty (60) days;
(b) the new discovery end date is May 18, 2017.
It is FURTHER ORDERED that, within the extended discovery period, the parties are to
complete the following discovery matters as specifically indicated below.
ITEM
1. Independent Medical Examination
COMPLETE BY
March 20, 2017
IT IS FURTHER ORDERED, that any arbitration hearing or trial currently scheduled
to occur prior to the conclusion of the discovery set forth above be adjourned to a date after the
new discovery end date; and
IT IS FURTHER ORDERED that a copy of this Order be served on all counsel of
record within seven (7) days from the date it is received by movant's counsel.
THIS MOTION WAS:
( ) OPPOSED
(Y0_ UNOPPOSED
-<:-? /
~::f
MICHAEL A. TOTO, J.S.C. J. S. C.
' , LEVINSON AXELROD, PA Levinson Plaza 2 Lincoln Highway Edison, New Jersey 08818-2905 (732) 494-2727 Attorneys for Plaintiff
CAITLIN A. EARLY,
Plaintiffs
vs.
New Jersey Manufacturers Ins. Co.,
Defendants
FULIED FE:B 1 7 W17
JUDGE MICHAEL A TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO.: MID-L-7502-15
Civil Action
ORDER
This matter being brought before the Court on Notice of Motion by Levinson Axelrod,
Attorneys for Plaintiffs, and the Court having considered the pleadings filed herein, and good
cause having been shown;
A.
B,
C,
IT,,,_
IT IS on this day of February 2017;
ORDERED as follows:
1. The discovery period be and is hereby extended to April 19, 2017;
2, Parties are to complete the following discovery matters within the following time periods:
Item
Plaintiff to complete treatment
Plaintiff to serve supplemental expert reports
Defendant to serve expert report
Completion Date
3/6/2017
3/20/2017
4/3/2017
IT IS FURTHER ORDERED that a copy of the within Order be served upon all parties
of record within 7 days of the date hereof
TURNER tAW FIRM, LLC BY: , ANDREW R. TURNER, ESQ. 76 South Orange Avenue - PO Box 526 South Orange, New Jersey 07079 973-763-5000
F:11..,~l!J t:fe
1 ·
JUDGE: //!J. l 20!? Attorneys for Plaintiff NJ Attorney ID 00690-1992
Plaintiff
FOLEY, INCORPORATED
vs.
Defendants
FARM TECH WELDING & IRONWORKS LLC, MATTHEW J. MARION and COURTNEY L. ROGERS
.!CffJ!& ~11. ,o,o
SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MIDDLESEX COUNTY
Docket No. MID L 10907-14 Judgment No. J 27320-15
Civil Action
ORDER FOR TURNOVER
::Jr-/ 'fo
e>8,)/1 /1 r
This matter being opened to the Court by the Turner Law Firm,
LLC, attorneys for the Plaintiff, and a motion having been filed
and served pursuant to R. 1: 6-2, and oral argument having been
waived, and the Court having considered the moving papers, and good
cause appearing;
IT IS on this~ day of February, 2017
ORDERED that:
1. Northfield Bank turn over to the Sheriff of Hunterdon
County, to whom the writ of execution was issued, or to Turner Law
Firm, LLC, Attorney Trust Account, attorneys for Plaintiff, at the
address listed above, the sum of $617.06 in the Bank's possession;
2. a copy of this order be served upon all interested
parties, by regular mail, within seven ( 7) days of receipt by
Plaintiff's counsel.
"' / r J.S.C.
MICHAEL A. TOTO, J.S.C.
Opposed
2s Unopposed
GILL & CHAMAS, LLC. By: Raymond A. Gill, Jr., Esq. (#025191977) 655 Florida Grove Road P.O. Box 760 Woodbridge, NJ 07095 (732) 324-7 600 Attorney for Plaintiff
GERALD GORDON,
Plaintiff,
vs.
ALLSTATE NEW JERSEY INSURANCE COMPANY, et al,
Defendants.
1 11 FD FEB 1 '? 2017
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNJY11 .. ' ~ ! DOCKET NO.: MID-L-7513-13 /)]1····.·_1 L(
/./!X Civil Action
ORDER
THIS MATTER having been brought before the Court by the firm of GILL & CHAMAS
attorneys for plaintiff, Gerald Gordon, and the Court having considered the matter and with good
cause appearmg;
IT IS on this \ '.)
ORDERED as follows:
1. The firm of Gill & Chamas, LLC and Raymond A. Gill, Jr., Esq. are hereby relieved as counsel for the plaintiff, Gerald Gordon.
2. Gosts-ifl-the-ametta1'-'0f $22,7W.84-H£~+Aflti-d<>e-te-th.<l-f1t,m-9£-Cill-&.Chamas, LLG,-whlc:.h4un~.LW,.,_payabl<i-f.t0m-the-proc;eeds-0.£the,$-L4.millio1:i..settlementprior to-,h~sa~l,atiBfl-Gf'..th<l-B<lttlmrnt-p.tCGG<JOOS-toG-th€-plaw.ti££ If said fonds ate deposited with-th.,,_c:;Je1,k-Q.£~.Sup<l1Wt:_CQ1J1:trG.ilwtttd.Chamas.,11ill. submit a con seot.ru:der .. ..to Mthis_crn1rt far their tellJ.QY3.l. t C> To /\ruvrc~ \ 111 !
3. Ceunsgl-f.gm;-m-the-amount-Of-$306,0.59.S.1--a.te.hei:eby...set.and.dueJ:oJ:heJirmoLGill& __ Chamas-;T±€,-whieh-funds-shall be-payable-frnm-the-J31'0c-eeds-e-fthe-$1-.-4-million settlemeat-pr~<licoJ:<>--the-di1'ti'ffilif10ft-6f-the-set-tlet'l'leflt-preeeedl!-t"O-the-pla-inti-f+.--I-f--said funds-a£e-d@!'esite4-wit.h--the--Gl<llck-of-th<i-Sup@r-i01~..aml--Ch41,ma,;...wi!l-submit a c-onsen~1:.to-this-co.w:t--f.or-thei1._removal. tTI \ ')
1
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4. A copy of the within order shall be seived on the parties within _/_days of the date
h~of. /~
c. /,~ _/J.S.C.
PAPERS FILED \'(T[TH THE COURT:
( ) Answering Papers
( ) Reply Papers
NICOLSON LAW GROUP LLC By: Laura A. Seider Princeton Forrestal Village 116 Village Boulevard, Suite 200
Princeton, NJ 08540 (609) 919-0057 (609) 520-1702 (fax)
CALVIN GILBERT
Plaintiff,
v. RY AN KAR, MORAN TOWING, JOHN DOE, ABC CORP and PROGRESSIVE INSURANCE COMP ANY
Defendant.
Attorneys for Defendant, Moran Towing
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION MIDDLESEX COUNTY DOCKET NO. MID-L-4509-16
ORDER
THIS MATTER having been opened to the Court by Laura A. Seider, Esquire, attorney
for Defendant Moran Automotive and Towing, and the Court having reviewed the moving
papers submitted, and any opposition thereto, and for good cause appearing;
i','j-t, IT IS on this -t--L day of }ebruC!Yl/ , 2017,
ORDERED that Defendant Moran Automotive and Towing is granted leave to file and
serve a Third Party Complaint against Century Towing, Inc. within thirty (30) days of the date of
this Order; and it is further
ORDERED that a copy of the within Order shall be served upon all counsel within
__ .. _7t--_days of the date of this Order.
___ , J.S.C
MICHAEL A. TOTO, J.S.C.
__ Opposed
I-- Unopposed
It is ORDERED that movant shall serve, or make available. to any new party, a copy of all discovery materials within 20 days after the servicP. of the new oart11's initial pleading.
It is ORDERED that all disjcoven, ir1 this case shall end on '.:kpkmbev: t 20 Jl._ unless further extended by court order.
HOAGLAND, LONGO MORAN, DUNST S DOUKAS, LLP ATTORNEYS AT LAW
NORTH JERSEY 40PATERS0NST PO B0X480 1-lEW BRUNS\'\l1CK, NJ
SOUTH JERSEY 701 VI/ILTSEY'SMnl.. RD SUITE 202 HAMMONTON, NJ
Kathryn F. Suchman, Esq. (ID# 50112013} HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP 40 Paterson Street, PO Box 480 /FJ fL tr::, Ii"/, New Brunswick, NJ 08903 y;;, l!JJ (732) 545-4717 IF'fs 1 Attorneys for Defendant, New Jersey Manufacturers lnsruance JUD _ 1 2f111
GI: MICH,, Plaintiff, SUPERIOR COURT OF NEW J-@1's~ltl1io
MIDDLESEX COUNTY LORA GLICK LAW DIVISION
vs. DOCKET NO. MID-L-4802-15
Defendant, CIVIL ACTION
NEW JERSEY MANUFACTURERS ORDER INSURANCE COMPANY
THIS MATTER having been brought before the Court on Motion of Hoagland, Longo,
Moran, Dunst & Doukas, LLP, attorneys for Defendant, New Jersey Manufacturers Insurance, for
an Order to extend time for discovery to be completed and adjourning the arbitration scheduled
for March 22, 2017, and the Court having reviewed the moving papers and for good cause
shown;
IT IS ON THIS 1.1-\'k day of h,bvu._L-=-L"-1-+---' 2017,
ORDERED that the discovery end date shall be extended until April 9, 2017, to allow the
following discovery to be completed:
• Defendant to obtain Plaintiff's records;
• Defendant to serve all expert and supplemental reports by April 9, 2017;
IT IS FURTHER ORDERED that the arbitration date of March 22, 2017 be adjourned to
Ayvi \ 2.S, '){!/J and -witt \ gh_a 11 be .s ei .f..,v Ji./..fll Z 1,,, 1 ~DI 7
IT IS FURTHER ORDERED that a copy of the within Order shall be served upon all counsel of
record within seven (7) days of the date of service hereof.
J.S.C.
MICHAEL A TOTO, J.S.C.
HOAGLAND, LONGO MORAN, DUNST & DOUKAS,LLP ATTORNEYS AT LAW
NORTH JERSEY 40PATERS0NST PO BOX 460 NEW BRUNSIMCI<, NJ
SOUTH JERSEY 701 V'llLTSEY'SMn.LRD SlJITE202 HMIMONTON, NJ
Papers filed with the Court:
( (
) Answering Papers
) Reply Papers
The within Notice of Motion was:
( ~pposed (~ Unopposed
HOAGLAND, LONGO MORAN, DUNST & DOI.MAS, LLP ATTORNEYS AT LAW
NORTH JERSEY 40 PATERSON ST PO B0X480 NEW BRU~CK. NJ
SOUTH JERScV 701 Wil...TSEY'SMILLRD SUITE 202 HAl>IMONTON, NJ
Joseph B. Fuirita, Esq. (ID# 160112015) HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP 40 Paterson Street, PO Box 480 New Brunswick, NJ 08903 (732) 545-4717
F8LfED FEB t l 2011
JUDGE MICHAEi · - A. roro Attorneys for Defendants, Gregory Vanek and Susan Vanek
Plaintiff, SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY
JOSEPH GOODE LAW DIVISION
vs. DOCKET NO. MID- L-6006-15
Defendants, CIVIL ACTION
GREGORY VANEK and SUSAN VANEK; ORDER ABC Maintenance 1-5 (fictitious company/companies whose present identity is unknown); and John Doe 1-5 (fictitious name/names of person/s whose present identit is unknown
THIS MATTER having been brought before the Court on Motion of Hoagland, Longo,
Moran, Duns! & Doukas, LLP, attorneys for Defendants Gregory Vanek and Susan Vanek, for an
Order Extending Discovery and adjourning the arbitration scheduled for April 19, 2017, and the
Court having reviewed the moving papers and for good cause shown;
1~ '.),<J 11 IT IS ON THIS \ day of H',bo111.N , 2016
' ORDERED that the discovery end date shall be extended 120 days until June 29, 2017,
to allow the following discovery to be completed:
1. The Depositions of the Parties shall occur by February 15, 2017;
2. The Independent Medical Examination of Plaintiff by Dr. Fremed shall occur on
April 6, 2017;
3. The Expert Report of Dr. Fremed shall be served no later than May 6, 2017;
4. The Deposition of all Fact witnesses shall occur by May 15, 2017; and,
5. The site inspection shall occur by May 15, 2017.
HOAGLAND, LONGO MORAN, 00\JST & DOU!(AS, LLP ATTORNEYS AT LAW
NORTH JERSEY 40 PATERSON ST PO B0X480 NEW BRUNSV\IICI{, NJ
SOUTH JERSEY 701 \f'/ILTSEY'SMILLRD SUITE 202 HAMMONTON, NJ
6. Any liability expert reports from the defendant must be served by June 15, 2017;
and
IT IS FURTHER ORDERED that the arbitration date of April 19, 2017 be adjourned to
.J,J\1( I S, :21.S { f ; and
IT IS FURTHER ORDERED that a copy of the within Order shall be served upon all
counsel of record within seven (7) days of the date of service hereof. -·. _,,e""--:7 .,,.-"/
Papers filed with the Court:
( ) Answering Papers
( ) Reply Papers
The within Notice of Motion was:
( ) Opposed
~nopposed
ORDERED THAT. 1'1"1C\\ SHALL BE SCHEDULED FOR
SqkMim: I( :J~I]
//-~'l,/ / /~,;,,
// S:,,/c"/
MICHAEL A. TOTO, J.S.C.
J.S.C.
FILED Allison A. Krilla ID# 024862010 WIDMAN, COONEY, WILSON, McGANN & FITTERER 1803 Highway 35
FEB I 7 2017
JUDGE MICHJ\Ei:A. TOTO Oakhurst, New Jersey 07755 (732) 531-4141 Attorneys for Defendant(s), JFK JOHNSON REHABILITATION INSTIUTE, JFK MEDICAL CENTER, JFK HEALTH SYSTEM, INC., KELSEY ALEXANDER, R.N. and JACKIE CHIRICHELLA, R.N.
MONA GUZZO,
Plaintiff,
V.
THE JOHNSON REHABILITATION INSTITUTE and division of JFK MEDICAL CENTER, JFK HEALTH SYSTEM, INC., KELSEY ALEXANDER, R.N., JACKIE CHIRICHELLA, R.N., PHYSICIANS 1-10, NURSES 1-20, and XYZ CORP.,,
Defendants.
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION MIDDLESEX COUNTY
Docket No.: MID-L-6006-14
Civil Action
ORDER
±t:273
6;;2 J 1::.+ / i :::r
THIS MATTER being opened to the Court by WIDMAN, COONEY WILSON
McGANN & FITTERER, attorneys for the Defendant JFK Johnson Rehabilitation Institute, JFK
Medical Center, JFK Health System, Inc., Kelsey Alexander, R.N. and Jackie Chirichella, R.N.,
and on notice to plaintiffs counsel, seeking an Order barring any and all reports of plaintiffs
experts, and thereby barring same from testifying at trial, or in the alternative, extending
discovery for 90 days, and the Court having considered the moving papers and for good cause
having been shown:
U ,, "" this \ 1'' doy ,r fe1 hrv:'.:1 , 2017,
ORDERED thal.nm:li2~lillbility exp er!fHlf-plaill.t#f-a!'e-her-eby-baHoo; and it,)
is further
0 RD ERED thatptaintiff'smeaiool-and·nabi:lity expert1s"llf6-oor.ehy..barred..fmm .. testifyi11g
at-trial; or in the alternative, it is
ORDERED that discovery be extended 90 days from February 3, 2017 until May 4, 2017,
pursuant to the following:
Plaintiffs expert reports to be served by February 24, 2017;
Defendants' expert reports to be served by April 1, 2017; and
Depositions of all experts to be conducted by May 4, 2017; and
IT IS FURTHER ORDERED that a Copy of this Order shall be served upon all counsel
herein within ----'- days of
This Motion was:
____ opposed
J unopposed
I, of I
PIRO, ZINNA, CIFELLI, PARIS & GENITEMPO, L.L.C. 360 Passaic Avenue Nutley, New Jersey 07110 (973) 661-0710 Kathryn Kyle Forman, Esq. - I.D. 905392012 Attorneys for Plaintiff
IFILEo FEB t 12011
JLJOGJ: MIGHA!:L A . roro
AMR HAFEZ, SUPERIOR COURT OF NEW JERSEY
Plaintiff,
vs.
MACY'S WOODBRIDGE, MACY'S, INC: JILLIAN DOE (fictitious name),: JOHN DOES 1-10, and ABC CORPS : 1-10 (fictitious names representing unknown Defendants
Defendant (s).
LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. :MID-L-03309 15
CIVIL ACTION
ORDER
THIS MATTER having been opened to the Court by Kathryn Kyle
Forman, Esq., attorney for the Plaintiff, AMR HAFEZ, and the
Court having considered the matter herein, and for good cause
having been shown:
IT IS on this day of 7 , 2017
ORDERED that the Plaintiffs are hereby permitted to serve
1 tl/ Defendant, JILLIAN ~' through Def-enc1ctrTt--~:A:f:Y"~WOOOBR':Hl~+i-0
MAc"'f':5·;---~. by substituted service by cei;-t;ified mail, return
~EJi:'::~±_t1:::::-'!_;'._~"1Jj receipt requested and regular mail; /and it is further
ORDERED that a copy of this Order be served upon all parties
within
Opposed _Y..::..-_ Unopposed __
days of the date hereof.
MICHAEL A. TOTO, J.S.C.
#3'f9 OJ-jf-::;._j ( }--
Kevin E. Barber, Esq. (NJ Attorney ID # 021921996) NlBD\VESKE BARBER HAGER, LLC 98 Washington Street Morristown, NJ 07960 973-401-0064 973-401-0061 www.n-blaw.com Attorneys for Plaintiff Linda Giliberti
LINDA GILIBERTI,
Plaintiff,
v.
BESSEMER TRUST and COLIN SHAUNNESSEY,
Defendants.
IFUL!f!J f£B17.,
.r'Ofl JUDGE MICHAEL A .roro
;
i SUPERIOR COURT OF NEW JERSEY j LAW DIVISION - MIDDLESEX COUNTY j DOCKET NO. MID-L-04007-16 ; ; ; Civil Action ; i 1 ORDER ; ; ; ; !
THIS MATTER, having been opened to the Court by Niedweske Barber Hager, LLC,
attorneys for Plaintiff Linda Giliberti, by way of motion to reinstate her complaint, on notice to
counsel for Defendants, Epstein, Becker & Green, P.C., and with the Court having considered
the argument of all parties on this motion and for good cause shown,
IT IS, on this -~ __ day of February, 2017
ORDERED that the Court's Order entered by the Honorable' Joseph L. Rea on December
16, 2016 dismissing Plaintiffs Complaint without prejudice is vacated; and it is
FURTHER ORDERED that Plaintiffs motion to reinstate her Complaint is hereby
granted; and it is
FURTHER ORDERED that one true copy of this Order, as conformed, shall be served
on counsel for Defendants within five ( 5) days of its receipt by Plaintiffs counsel.
J.S.C.
--- Unopposed MICHAEL A. TOTO, J.S.C.
Opposed
Mitchell J. Deeter, Esq. (Id. No.:008172003) FERRO LABELLA & ZUCKER L.L.C. The Landmark Building 27 Warren Street Hackensack, New Jersey 07601 (201) 489-9110 Attorneys for Plaintiff JAG Physical Therapy, LLC
JAG PHYSICAL THERAPY, LLC,
Plaintiff,
v.
BRYANT ACQUARO,
Defendant.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
DOCKET No. MID-L-6107-14
cmL ACTrnNdf 4) (
ORDER GRANTING PLAINTIFF'S MOTION IN AID OF LITIGANT'S RIGHTS
THIS MATTER having been brought before the Court by way of
Notice of Motion, by F'erro Labella & Zucker L. L. C. (Mitchell J.
Deeter, Esq., appearing) on behalf of the plaintiff, JAG
Physical Therapy, LLC ("JAG"), upon notice to Jeffrey Randolph,
Esq. counsel for the defendant Bryant Acquaro ( "Acquaro") , in
the above-captioned matter, and the submissions of counsel
having been considered, the arguments of counsel having been
heard, and for good cause shown;
{,0010356.1)
IT IS on this 11 ORDERED:
day of February, 2017;
1. That JAG's Motion in Aid of Litigant's Rights is
hereby GRANTED in its entirety.
2. That Acquaro's Answer is hereby suppressed.
3. Default is hereby entered as to Acquaro and a proof
4.
hearing will be held on
before the Honorable
2017
That M~y b-•
counsel fees to JAG' s counsel a.;oc Lo -1:,e awarded
upon the submission and approval of a Certification of
Services to be submitted within _j_:i days of this
Order.
5. That a copy of this Order shall be served on counsel
for Acquaro within days hereof.
MICHAEl(A. TOTO, J.S.C. , J. S. C.
{F0010356.l} 2
PATRICK J. FLINN 014742011 LEVINSON AXELROD 2 Lincoln Highway Edison, New Jersey 08818 732-494-2727 Attorney for Plaintiff
DIANE LENART and her husband, JOHN LENART
Plaintiff(s ),
v.
MARCIAL RETAMOZO, SILVIA RETAMOZO, SANTOS CONSTRUCTION CO., VICTOR CARVALHO and JOHN DOES 1-10 (representing presently unidentified individuals, businesses, and/or corporations who owned, operated, maintained, supervised, designed, constructed, repaired, and/or controlled the premises in question,
Defendant( s ),
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO.:MID- L-4110-16
CIVIL ACTION
OR.DER
The above entitled matter having been opened to the Court by Levinson Axelrod, attorneys for
plaintiffs; and the Court having considered this matter, it is hereby
201 7, that the plaintiff's motion for leave to :file An
amended complaint, correcting the name of the defendant, Victor Carvalho to Carvalho's
Carpentry, Inc., is hereby granted; and it is further;
5
ORDERED that a copy of this signed Order be served within seven days upon all attorneys
ofrecord in this action.
J.S.C.
Papers Filed with the Court: (Y) Moving Papers ( ) Reply Papers
/
/ /
/
--- .. -- --_---=- ---------·c·!-
Opposed __ _ Unopposed Y
c::/ . MICHAEL A. TOTO, J.S.C.
6
John S. Felten, Esq. (003911984) MONTGOMERY, CHAPIN & FETTEN, P.C. 745 Route 202/206, Suite IOI Bridgewater, New Jersey 08807 (908) 203-8833 Attorneys for defendant, BP Auto Group, LLC d/b/a Newton Kia Our File No. ZNA 20,482 MID-4
JOSEPH LYONS and RAMON PEREZ,
Plaintiff, vs.
BP AUTO GROUP, LLC d/b/a NEWTON KIA, DREW PICON, CJ MYERS, HERB HERNANDEZ, JOHN/JANE DOES (1-50) AND ABC CORP. (1-20) (fictitious parties whose identities are not now known).
Defendant(s).
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO: MID-L-5205-15
Civil Action
ORDER
This matter having been brought before the Comi by the law firm of Montgomery, Chapin
& Fetten, P.C., attorneys for defendants, BP Auto Group, LLC d/b/a Newton Kia, Drew Picon, CJ
Myers, and Herb Hernandez, and the Court having reviewed the moving papers seeking dismissal
based upon R.4:23-5(a) and R.4:37-2(a) and for good cause having been shown; it is on this
17 dayof Ri3,.,f!.~ 2017 \ ~ .
ORDERED that plaintiffs Complaint be and the same is hereby dismissed; and it is further UeNie-1::.,
ORDERED that a copy of the within Order be served upon all interested counsel within
_1___ days of the date hereof.
David Friedrich, Esq. Attorney ID:007202002 FRIEDRICH & FRIEDRICH P.A. 203 Godwin Ave Ridgewood, New Jersey 07450 201.670.9600 -tel 201.670.9650 - fax Attorneys for Plaintiff
fF:ILEo ftt/ f l ?.'f}
JUD . ,fl GE: MICHAE:L A
"· ror0
JOSEPH LYONS and RAMON PEREZ,
SUPERIOR COURT OF NEW JERSEY
Plaintiff,
v.
BP AUTO GROUP, LLC d/b/a NEWTON KIA, DREW PICON, CJ MYERS, HERB HERNANDEZ, JOHN/JANE DOES (1-50) AND ABC CORP. (1-20) (fictitious parties whose identities are not now known)
Defendant.
LAW DIVISION - MIDDLESEX COUNTY DOCKET NO.: MID-L-5205-15
CIVIL ACTION
ORDER
This matter having been brought before the Court on motion of Friedrich & Friedrich PA, by
David Friedrich, Esq., attorneys for Plaintiffs, and the Court having read and considered the
submissions of counsel and for good cause shown;
IT IS on this \ {
ORDERED that:
day of fi:(bA «-<.II
I , 2017
1. Defendants' Motion to Dismiss is hereby denied;
2. Plaintiffs' have leave within ;J_ O days to file a Motion for Reconsideration as to
the Order of Judge Thomas Rea dated July 22, 2016 ordering arbitration; and
3. Any other relief which this Court deems just and proper.
IT IS FURTHER ORDERED that a copy of this Order be served upon all parties to this
matter within seven (7) days from the date of entry.
/~ J.S.C. Pursuant to Rule 1 :6-2(a), the matter was MICHAEL A. TOTO, J.S.C.
Unopposed "p:._ Opposed
SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. 92 East Main Street, Suite 402 Somerville, NJ 08876 MAIL PROCESSING CENTER 111 John Street New York, NY 1003 8 (212) 964-7400 Our File No. ARCH-00859.1 NJ Attorneys for Defendant Bridgeway Rehab, LLC
---------------------------------------------------------X LINDEN ARMS, LLC., LEGOW MANAGEMENT CO., LLC.,
Plaintiffs,
vs.
BRIDGEWA Y, LLC., ABC BUSINESS ENTITIES, XYZ CORPORATION, JOHN DOES, M.D., 1-10, JANE DOES, M.D., 1-10,
Defendants.
---------------------------------------------------------X
FILED FEB 11 2017
JUDG!: MICHA!:L A 7i · oro
SUPERIOR COURT LAW DIVISION: COUNTY OF MIDDLESEX
DOCKET NO. MID-L-3001-16
Civil Action
ORDER
This matter having been opened to the Court on application of Smith Mazure Director
Wilkins Young & Yagerman, P.C., by Steven M. Padalis, counsel for Defendant Bridgeway
Rehab, LLC for an order dismissing plaintiffs' complaint with prejudice, and the Court having
considered the Certification of counsel, and good cause having been shown: \"" 2.017
It is on this\ 1 day of \::e..lo~~ , 2tl16;' . . . Pl · h. Cfi CD~' n)c{1 iJ-! D-ekncl()j'\\ ·~ M0\10V\ \-o d\S.W\t s.s:. ll\V'\ I '"I
0 RD ERED that plaiatiffs' eemplaiat a e aaa i,t is aereay diBfflissed "ith J'f ej t1diee fut vvi-\t,\ fKJtcL\ lJl i ~ W-1-t\tJy Dl;)j \El> {lo,- .\w fi'C(&.Oh { \0 -QoYf\t\ '·"' {'VU fuilm:e te state a ela-im; aaa it 1s fuFtla8r C>\,\c\clt.W. d i'Y\U'Y\ \)\CIY)l\ IAVVI ; a.11d 1+ 1 s
-~\k'h;.v
ORDERED that a copy of the within Order shall be served upon opposing counsel
within seven days of movant' s counsel's receipt of same.
PAPER S CONSIDERED:
K ' (
'--
..--·
Notice of Motion
Movant's Affidavit(s)
Movant's Brief(s)
Answering Affidavit(s)
Answering Brief(s)
Cross-Motion(s)
Movant's Reply
Other(s):
ARCH-008 59.1 NJ/8
Oppo Unop
sed Y1
pos~
I'.'.'._ , / c:;, •. / MICHAEL A. TOTO, J.S.C.
-2-
McDermott & McGee, LLP Ida C. Genova, Esq. (NJ ID#03193-2001) 75 Main Street P.O. Box 192
FgfLED F.
EB 1 7 2017 Millburn, NJ 07041-0192 Attorney for Plaintiffs: Linden Arms, LLC.; Legow Management Co., LLC 85059 (a) RMT
JLJDG£ MICHAEL
LINDEN ARMS, LLC., MANAGEMENT CO., LLC., et. als,
SUPERIOR COURT OF NEW JERSEY LEGOW MIDDLESEX COUNTY-LAW DIVISION
DOCKET NO.: MID L 3001-16
Plaintiff,
v.
BRIDGEWAY, . LLC., ABC BUSINESS ENTITIES, XYZ CORPORATIONS, JOHN DOES, M.D., 1-10, JANE DOES, M.D., 1-10, et. als,
Defendants.
ORDER
A. roro
This matter coming on before the Comt on application of McDermott and McGee, attorneys for
plaintiffs, Linden Arms, LLC.; Legow Management Co., LLC , for an Order permitting plaintiffs to
file an Amended; Complaint, and it appearing to the Court that said motion should be granted;
and for good cause shown; ,-- , 2017
It is on this ft day of~l--eJ?~~YJ'-"-',\il"",n'-'-'1-J----------' 2016,
• ORDERED that plaintiffs are hereby permitted to file an Amended Complaint
within 4 days from the date hereof;
• ORDERED that defendant's Motion to dismiss is hereby denied.
_, . _Unopposed _Opposed
z-~~? < · MICHAEL A. TOTO, J.S.C.
0
BY ORDER OF THE COURT State of New Jersey,
Linden Arms, LLC., Legow Management Co., LLC., et al
Plaintiff(s), v.
Bridgeway, LLC., et al
Defendant( s).
I. INTRODUCTION
SUPERIOR COURT OF NEW JERSEY COUNTY OF MIDDLESEX
LAW DIVISION
CIVIL ACTION
Docket No. MID- L-3001-16
Memorandum of Decision on Motion to Dismiss Complaint
Defendant Bridgeway Rehab, LLC ("Bridgeway") to dismiss Linden Anns, LLC and
Legrow Management Co., LLC's (collectively, "Plaintiffs") Complaint, which alleges various
causes of action against Bridgeway arising out of an assault in an apartment complex operated by
Plaintiffs.
II. FACTS
The circumstances underlying this matter were litigated in Wright v. Linden Arms, LLC,
an action wherein Jermaine Wright, the underlying plaintiff, brought negligence claims against
Linden Arms, LLC, an apaitment complex (the "Apartment Complex"), after Mr. Wright was
assaulted by Yves Estil, a tenant at the Apartment Complex.
Prior to the assault, Bridgeway provided mental health care and treatment to various tenants
at the Apartment Complex, including Mr. Estil. To that end, Plaintiffs allege, but Bridgeway
disputes, the existence of a contractual relationship between Bridgeway and Plaintiffs, whereby
Bridgeway agreed to oversee the treatment of several patients residing in the Apartment Complex.
Additionally, Donald Legrow, the manager at Linden Arms, testified to his belief that an agreement
existed for Bridgeway to oversee the treatment of tenants at the Apaitment complex who were
1
suffering from psychological disorders, including follow ups from Bridgeway representatives to
ensure that everything was okay with these tenants. Mr. Legrow testified further that prior to the
assault, Linden Arms had contacted Bridgeway on multiple occasions with regards to complaints
filed against Bridgeway tenants in the Apartment Complex.
Additionally, Mr. Legrow testified that prior to the assault, Linden Arms had made
complaints to Bridgeway regarding Mr. Estil. In that regard, Bridgeway's own medical records,
issued in the underlying case, illustrate that on several instances in the months surrounding the
assault, Mr. Estil had refused to take his psychiatric medication in the presence of Bridgeway staff
members. Specifically, Mr. Estil refused to take his medication in front of Bridgeway staff
members on at least four occasions in the two weeks preceding the assault. Ultimately, Mr. Wright
and Linden Atms settled the underlying case.
Subsequently, on May 18, 2016, Plaintiffs filed the instant action against Bridgeway,
alleging that Bridgeway's negligent failed to monitor, supervise, and treat Mr. Estil caused the
assault. Bridgeway was not a named paiiy in the prior litigation, either as a direct defendant or a
third-party defendant.
III. ANALYSIS
Bridgeway moves to dismiss Plaintiffs' Complaint, pursuant to R. 4:6-2(e), for failure to
state a claim upon which relief can be granted. Specifically, Bridgeway argues that Plaintiffs
Complaint is barred by the entire controversy doctrine, and, even assuming that Plaintiffs
Complaint is not barred, the individual counts asse1ied in the Complaint must be dismissed as a
matter oflaw. The Court will address each of those arguments in turn.
A. Is PlaintifPs Complaint Barred by the Entire Controversy Doctrine?
2
First, Bridgeway argues that Plaintiffs Complaint is barred under R. 4:30A, the entire
controversy doctrine, on the grounds that any issue arising in this case should have been litigated
in the underlying matter. In opposition, Plaintiff maintains that dismissal under the entire
controversy doctrine is not warranted, because this case concerns necessary joinder of a party,
rather than a claim, and its failure to join Bridgeway as a pmty in the underlying matter was neither
inexcusable nor resulted in substantial prejudice to Bridgeway.
The entire controversy doctrine, codified in R. 4:30A, provides in pertinent part:
Non-joinder of claims required to be joined by the entire controversy doctrine shall result in the preclusion of the omitted claims to the extent required by the entire controversy doctrine, except as otherwise provided by R. 4:64-5 (foreclosure actions) and R. 4:67-4(a) (leave required for counterclaims or cross-claims in summary actions).
R. 4:30A.
The entire controversy doctrine "embodies the principle that the adjudication of a legal
controversy should occur in one litigation in only one court; accordingly, all parties involved in a
litigation should at the very least present in that proceeding all of their claims and defenses that
are related to the underlying controversy." Highland Lakes Country Club & Cmty. Ass'n v.
Nicastro, 201 N.J. 123, 125 (2009). To that end, the purpose of the entire controversy doctrine is
threefold: "(1) the need for complete and final disposition through the avoidance of piecemeal
decisions; (2) fairness to parties to the action and those with a material interest in the action; and
(3) efficiency and the avoidance of waste and the reduction of delay." Wadeer v. N.J. Mfrs. Ins.
Co., 220 N.J. 591,605 (2015) (citation omitted).
While New Jersey previously recognized the doctrine of compulsory party joinder, the
requirement that all parties who have a material interest in a transaction be joined was eliminated
in R. 4:5-l(b)(2). Rule 4:5-l(b)(2) provides:
3
(2) Notice of Other Actions and Potentially Liable Persons. Each pmty shall include with the first pleading a cettification as to whether the matter in controversy is the subject of any other action pending in any comt or of a pending arbitration proceeding, or whether any other action or arbitration proceeding is contemplated; and, if so, the ce1tification shall identify such actions and all pmties thereto. Fmther, each party shall disclose in the certification the names of any non-pmty who should be joined in the action pursuant to R. 4:28 or who is subject to joinder pursuant to R. 4:29-l(b) because of potential liability to any party on the basis of the same transactional facts. Each pmty shall have a continuing obligation during the course of the litigation to file and serve on all other pmties and with the cou1t an amended certification if there is a change in the facts stated in the original ce1tification. The court may require notice of the action to be given to any non-pmty whose name is disclosed in accordance with this rule or may compel joinder pursuant to R. 4:29-1 (b ). If a party fails to comply with its obligations under this rule, the comt may impose an appropriate sanction including dismissal of a successive action against a pmty whose existence was not disclosed or the imposition on the noncomplying party of litigation expenses that could have been avoided by compliance with this rule. A successive action shall not, however, be dismissed for failure of compliance with this rule unless the failure of compliance was inexcusable and the right of the undisclosed party to defend the successive action has been substantially prejudiced by not having been identified in the prior action.
R. 4:5-l(b)(2).
Thus, under the current formulation of the R. 4:5-l(b)(2), "a court may not dismiss a
subsequent action based on a pmty's failure to comply in a prior action with the notice requirements
of the rule unless it finds that: (1) the action is a 'successive action'; (2) the failure to provide
notice of other potentially liable parties was 'inexcusable'; and (3) the undisclosed pm·ty's right to
defend the successive action has been 'substantially prejudiced' by that failure. Kent Motor Cars,
Inc. v. Reynolds & Reynolds Co., 412 N.J. Super. 1, l l(App. Div. 2010) (quoting R. 4:5-l(b)(2)).
Here, even assuming this action qualifies as a successive action and that Plaintiffs failure
to identify Bridgeway as an interested pmty in the underlying matter was "inexcusable," dismissal
is not warranted because Bridgeway has not been substantially prejudiced by that failure. To that
end, while Bridgeway argues that discovery took place in the underlying matter without its
pmticipation, and any discovery in this matter from Jermaine Wright, a non-pmty to the current
action, would be difficult, that difficulty does not amount to substantial prejudice. To that end,
4
Brideway retains the ability to mount a zealous defense in this matter. Accordingly, the Court
finds that this matter is not subject to dismissal under the entire controversy doctrine, or for failure
to comply with R. 4:5-l(b).
B. Is Dismissal of The Individual Counts Asserted in Plaintiffs' Complaint Warranted?
Second, in light of the Court's finding that this case should not be dismissed for failure to
comply with R. 4:5-l(b), the Court must analyze whether any of the various counts of Plaintiffs'
Complaint should be dismissed. To that end, Bridgeway argues that: (I) Counts I, II, and III of
Plaintiffs' Complaint should be dismissed, because Plaintiffs purport to assert a claim for damages
on behalf of Jermaine Wright, a non-party to the instant action; (2) Count IV should be dismissed,
because it alleges causes of action against fictitious defendants, and thus, is not applicable against
Bridgeway; (3) Count VI should be dismissed, on the grounds that Plaintiffs seek to assert an
untiled third-party complaint against Bridgeway; (4) Count VII should be dismissed, because it
alleges a cause of action pursuant to the Joint Tortfeasors Contribution Act; and (5) Counts V,
VIII, IX, and X should be dismissed, because those counts are contingent upon the existence of a
contractual relationship between Bridgeway and Plaintiffs, and Plaintiffs have failed to establish
any such relationship. Without discussing the merits ofBridgeway's arguments, the Court denies
Bridgeway's Motion to Dismiss on each of those Counts, without prejudice, given the fact that
discovery has yet to take place in this case, and Plaintiffs' have filed a cross-motion to amend their
Complaint.
IV. CONCLUSION
In light of the foregoing, Defendant Bridgeway's Motion to Dismiss is DENIED.
5
HAWORTH COLEMAN & GERSTMAN, LLC Margot Wilensky Attorney ID: 036122008 45 Broadway, 21st Floor New York, New York 10006 Telephone: (212) 952-1100 Facsimile: (212) 952-1110 Attorneys for Defendant L'Oreal USA, Inc. ifs/a "Lancome Paris, Lancome USA, Inc., and Luxury Products Division of L'Oreal USA, Inc."
-----------------------------------------------------------x APRIL MAISANO and DOMINIC MAISANO,
Plaintiffs,
V.
LANCOME PARIS, LANCOME USA, INC., LUXURY PRODUCTS DIVISON OF L'OREAL USA, INC., AND ULTA BEAUTY SALON INC., ABC COMPANY NO. 1, (said name being fictitious, the true identity being presently unknown), ABC COMPANY NO. 2, (said name being fictitious, the true identity being presently unknown), and ABC COMPANY NO. 3, (said name being fictitious, the true identity being presently unknown),
Defendants.
----------------------------------------------------------x
Fil/ED FEB 11 2017
JUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY
Docket No.: MID-L-4711-15
ORDER
THIS MATTER having been brought before the Court by Margot Wilensky, Esq. of
Haworth Coleman & Gerstman, LLC, attorneys for defendant L'Oreal USA, Inc. i/s/a
"Lancome Paris, Lancome USA, Inc., and Luxury Products Division of L'Oreal USA,
Inc." ("L'Oreal") for an Order dismissing plaintiffs' Amended Complaint pursuant to R.
4:23-5(a)(1) and R. 4:23-5(c), and the Court having considered the matter and good
cause having been shown:
IT IS on this l 11 day of February, 2017,
ORDERED Uiat plait1liffs'-Amern:tei::t~nrptatnrwtrere1:Jydisiflissed fn its entirety,
witl'.lout~-prejl:ldiee,-;3s--against L'Oreal . for Jailure-~G-Fespem··ttt discovery; or in the
alternative, it is
ORDERED that plaintiffs are compelled to provide all outstanding executed
HIPAA-compliant authorization forms in response to L'Oreal's Request for Production of
Documents dated January 26, 2016 and Supplemental Request for Production of
Documents dated October 27, 2016, within 1 O days of the date of this Order; and it is
FURTHER ORDERED that, in accordance with R. 4:24-1, the discovery end date
is extended to June 15, 2017, with following interim discovery deadlines:
(i) All outstanding discovery, including executed HIPAA-compliant authorization
forms in response to L'Oreal's Request for Production of Documents dated
January 26, 2016 and Supplemental Request for Production of Documents
dated October 27, 2016, to be seFVed by February 13, 2017;
(ii) Plaintiffs' depositions to be taken by April 14, 2017;
(iii) Defendant L'Oreal's deposition to be taken by April 28, 2017;
(iv) Defendant Ulla Beauty Salon lnc.'s deposition to be taken by May 5, 2017;
(v) Plaintiff April Maisano's Independent Medical Examination to be conducted
by May 5, 2017;
(vi) Plaintiffs' expert reports to be seFVed by May 19, 2017;
(vii) Defendants' expert reports to be seFVed by June 5, 2017;
(viii) Any and all expert depositions shall be concluded on or before June 15,
2017.
2
FURTHER ORDERED that a copy of this Order shall be served on all parties within
seven (7) days of receipt of this Order by the offices of Haworth Coleman & Gerstman,
LLC.
Opposed
Unopposed
3
J.S.C.
MICHAEL A. TOTO, J.S.C.
MURGATROYD LAW GROUP By: Anthony J Murgatroyd, Esq. 361 State Route 31 Building C, Suite 801 Flemington, NJ 08822 Telephone: (908) 788-7011 Facsimile: (908) 788-8750 Attorney for Plaintiff(s)
PATRICIA MARGELIS, Individually, and as Power of Attorney for AGNES DeNICOLA,
Plaintiff(s)
v.
FRIENDS .RETIREMENT CONCEPTS, INC., d/b/a ARBOR GLEN NURSING HOME, et. al.
Defendant(s)
FILED FEB 1 7 ,WI?
JUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET: MID-L-5201-15
Civil Action
ORDER TO COMPEL DISCOVERY
This Motion to Compel Discovery having been presented to the Court by Anthony J.
Murgatroyd, Esq., Attorney for Plaintiff, and the Comt having considered the supp01ting
docmnents submitted by Plaintiffs counsel, and the opposition by Defendants, if any, and the
arguments of counsel, if any, and good cause having been shown;
17 c, IT IS on this · day of I C\::lt -~~- , 2017;
ORDERED that Defendants provide the following discovery within ten (10) days:
1. Fully responsive answers to Form "C" Intenogatory #5 and Supplemental
Interrogatories #7, #22 and #43 in accordance with Plaintiffs request dated September 28, 2016;
and
2. A complete copy of the policies and procedures of Arbor Glen Fully requested in
Plaintiffs Document Demand; and
I
IT IS FURTHER ORDERED that a copy of the within Order be served upon all
parties within seven (7) days from the date hereof.
( ) Opposed (~) Unopposed
MICHAEL A. TOTO, J.S.C.
JOHN A. CAMASSA, ESQ., #008261992 CAMASSA LAW FIRM, P.C. 1800 Route 34 Building 3, Suite 303 Wall, New Jersey 07719 (732) 223-5511
FILED FEB 1 7 ?017
,JUDGE MICHAEL A. TOTO
Attorney for Defendant, New Jersey Manufacturers Insurance Company Our File: IC.7288J
SHANTA YE PITTS,
Plaintiff(s),
v.
NEW JERSEY MANUFACTURERS INSURANCE COMPANY,
Defendant(s),
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUN~Y j Docket No: MID-L-3906~ (; '
Civil Action
ORDER ADJOURNING ARBITRATION, EXTENDING DISCOVERY AND COMPELLING DISCOVERY
This matter having been opened to the Court by counsel for defendant, New Jersey
Manufacturers Insurance Company prior to proceeding to arbitration for an extension of the
discovery period and exceptional circumstances having been found,
·1\-"' IL It is on this \ day of ___,K,--'=cl\o""'-'VIA.'-'ll=-~-+--~' 2017, ORDERED as follows:
J.,ia,,J / .I 2017 I. The scheduled date of April 4, 2017 for arbitration is adjourned. -lo w ,e \(I
2. The time for completion of discovery be and is hereby extended to May 21, 2017.
3. Parties are to complete the following discovery matters within the following time periods:
Item
A. Plaintiff to provide the signed authorization to CVS Pharmacy by
B. Plaintiff to provide a copy of her 8/6/16 records from University Hospital by
Completion Date
March 9, 2017
March 9, 2017
C. Plaintiff to provide a copy of her records from her primary care physician regarding her August 2016 treatment by
D. Plaintiff to provide a copy of her records from Dr. Weiss by
E. All expert rep011s to be provided by
March 9, 2017
March 9, 2017
May 1, 2017
It is FURTHER ORDERED that a copy of the within order be served upon all parties of
record within 7 days of the date hereof.
OPPOSED
X UNOPPOSED
-1"' o..\ 3, V'\Cv\\ 'oe \; e. t -\"O '(
MICHAEL A. TOTO, J.S.C.
GARCES, GRABLER & LEBROCQ, P.C. Michelle M. Tullio, Esq. Attorney ID: 001221994 502 Amboy Avenue Perth Amboy, New Jersey 08861 (732)317-0711 Attorneys for Plaintiffs
JOSE RIOS and LOLA RIOS, his wife,
PLAINTIFF(S),
v.
ATLANTIC REALTY, LLC, PREFERRED MANAGEMENT, ATECH LANDSCAPING DESIGN, JOHN DOES (1-30) and A.B.C. COMPANIES (1-30), (fictitious names) and (fictitious entities)
DEFENDANT(S).
~-/J-/J FILED
FEB 1 7 2017
JUDGE MICHAEL A. TOTO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY
DOCKET NO.: MID-L-11-16
CIVIL ACTION
ORDER
THIS MATTER having been opened to the Court upon application of Michelle M.
Tullio, Esq., attorney for plaintiff, for an Order permitting the plaintiff leave to file and serve
Amended Complaint; and the Court having considered the moving papers, any papers m
opposition, and for good cause shown;
. ·,\"'\ IT IS on this J::r_ day of February , 2017;
ORDERED that plaintiff be and is hereby permitted to file and serve Amended
Complaint naming 3775 PARK AVENUE CONDO ASSOCIATES, INC. as an additional direct
defendant within }!j____ days of the date hereof; and
IT IS FURTHER ORDERED that a true copy of this order be served upon all counsel
within ·q days.
It is ORDERED that movant shall serve, or make available, to any new party, a copy of all discovery materials within 20 days after the service of the new party's initial pleading.
It is ORDERED that all discovery in this case
shall end on Ji@ I&" 20 J.]__ unless further extended by court order.
Law Office of Robert A. Raskas 371 Hoes Lane, Suite 105 Piscataway, NJ 08854 (732) 981-1649 (Telephone) (732) 981-1657 (Fax) By: Mark A. Trudeau, Esq., 02593-1995
Attorney for Defendant, Frank Vilichka
EMILY RAMIREZ
Plaintiff,
-vs-
FRANK VILCHKA, Y ARELIS RODRIGUEZ, GEORGINA VASQUEZ, DOMINICK MAURO AND JOHN DOE 1-10 (FICTITOUSL Y NAMED) AND ABC CO. 1-10 (FICTITIOUSLY NAMED) i
Defendants. I
'fl(p3Lf OJ./1 7-f I r
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. MID-L-6707-15
Civil Action
ORDER
FILED FEB 1 7 2017
JUDGE MICHAEL A. TOTO
This matter having been opened to the Court on Motion of Mark A. Trudeau, Esq., attorney
for defendant, Frank Vilichka, for an Order to Extend Discovery one hundred twenty (120) days
from March 3, 2017, and with the consent of our adversary, and the Court having read and
considered the moving papers, and for good cause appearing;
IT IS on this jl t~ day of _ __,f.~e~J~.,~YY~<'d=" -::'.J'---'1 _________ , 2017:
ORDERED that deposition of plaintiff on March 16, 2017 is court ordered; and it is ftuther;
ORDERED that the Independent Medical Examination of plaintiff scheduled for May 4, 2017 is court ordered; and it is further;
ORDERED that plaintiff shall pay the "no show" fee in the amount of $50.00 within thi1ty (30) days of the date of this Order; and it is further;
ORDERED that all defense expert rep01ts shall be served by June 30, 2017; and it is further;
ORDERED that discove1y end date be extended one hundred twenty (120) days to July 1, 2017and it is further;
ORDERED that a copy of the within Order be served on all counsel within _7 __ days of the date hereof.
() Opposed ~Unopposed
//'7 />;:;,:-, J.S.C.
MICHAEL A. TOTO, J.S.C.
CAMPBELL, FOLEY, DELANO & ADAMS, LLC MARIO J. DELAN0-031531992 601 BANGS AVENUE
P. 0. Box 1040
ASBURY PARK, NEW JERSEY 07712-1040
Telephone: (732) 775-6520
Attorneys for Defendant, Rosa-Arocha Our File No. 1-38, 101-MJD
Plaintiff
JOHANNA ROSA-AROCHO
vs.
Defendants
NICOLAS 0. GONZALEZ, JJP TRUCKING, LLC.,
John Doe 1-X and Jane Doe said names being fictitious
Plaintiffs
LEYDA FERNANDEZ and PEDRO GOMEZ
vs.
Defendants
JOHANNA ROSA-AROCHO, NICOLAS 0. GONZALEZ, JJP TRUCKING, LLC., "John Doe"
1 through 7 (said name being fictitious, true name
Being unknown) and "ABC Corporation" 1 through 7(said name being fictitious, true name being unknown)
FILED FEB f 7 2017
JUDGE MICHAEL A. 7070
SUPERIOR COURT OF NEW JERSEY LAW DIVISION:MIDDLESEX COUNTY
DOCKET NO. MID-L-10810-14
Civil Action
ORDER TO BIFURCATE TRIAL ON LIABILITY AND DAMAGES
Docket No. MID-L-4783-15
The above entitled matter having been opened to the Court on February 17, 2017, by
Campbell, Foley, Delano & Adams, LLC., attorneys for the defendant, Johanna Rosa-Arocho,
on motion to Bifurcate trial on J:~(l'.tJ and damages, and it appearing to the satisfaction of the
Court that the motion may b~med, it is hereby
ORDERED on this (1 day of s,C"''/ , 2017, bifur-cating·itabHilyantl-damage
trials-with-the-liabWit~l-pre&eee!iflg-fifst-;-11111 nediatelyioltowed by a damages trial;-and it is
further
FURTHER ORDERED that a copy of this Order shall be served within 7 days upon all
attorneys of record in this action and upon parties appearing pro se.
Dated: January 30, 2017
__..····J.S.C. -~ MICHAEL A. TOTO, J.S.C.
PAPERS CONSIDERED
-=-.._Notice of Motion ~Movant's Certification __ Movant's Brief __ Answering Affidavits __ Answering Brief __ Cross-Motion __ Movant's Reply __ Other~l9+ff+------
Eric Kuper, Esq. - NJ Attorney ID #028001987 File No. 6-04192-12
Martin, Kane & Kuper 180 Tices Lane, Building B, Suite 200 East Brunswick, NJ 08816 732-214-1800 phone 732-214-0307 fax Attorneys for Defendant, Alan J. Randall ·
GERMAN F. SALAZAR, Plaintiff(s),
vs.
ALAN J. RANDALL and J. DOE (A through Z)
Defendant(s).
.. FD
FEB 1 '? 2017
SUPERIOR COURT OF NEW JERSEY LAW DIVISION - MIDDLESEX COUNTY
Docket No. MID-L-3308-16 Civil Action
ORDER
This matter having been opened to the Court by Eric Kuper, Esq. of Martin, Kane &
Kuper, attorneys for Defendant, Alan J. Randall, on notice of motion to dismiss the plaintiffs
Complaint for failure to provide discovery, and it appearing to the Comt that due notice of this
motion has been given to all counsel, and the Court having considered the matter and good
cause appeanng;
IT IS on this / 7 pt. day of/,d.Jru.tLh.( , 2017
ORDERED that the plaintiffs Complaint shall be and is hereby dismissed without
prejudice for failure to provide discovery; and it is further
ORDERED that a true copy of this Order shall be served upon all counsel within
seven (7) days of the date hereof.
. J.S.C. D Opposed ilQ Unopposed MICHAEL A. TOTO, J.S.C.
LAW OFFICES OF VISCOMI & LYONS By: Nicole L. Hollingsworth, Esq. Attorney ID#: 037572007 Mount Kemble Corporate Center 360 Mt. Kemble Avenue Morristown, New Jersey 07960 973-538-2930 Attorneys for Defendant, J.T. Auto Sales, Inc.
GENER. SEARS,JR., Plaintiff,
vs.
MARC A. MAGLIARO, USB LEASING LT LAND/ORJT AUTO SALES, INC., CRAIG T. WONDOLOSKI, NEW JERSEY MANUFACTURERS INSURANCE COMP ANY, NEW JERSEY PROPERTY, GUARANTY INSURANCE LIABILITY ASSOCIATION Defendants.
CRAIG T. WONDOLOSKI, Plaintiff,
vs.
MARC A. MAGLIARO, Defendant.
and
MARC A. MAGLIARO, Defendant/Third Party Plaintiff,
vs.
CRAIG T. WONDOLOSKI, Third Party Defendant.
FILED FEB t l 2011
JIJDGEMJ CHAEL A TOJO
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO.: MID-L-6101-15
CIVIL ACTION
ORDER TO EXTEND DISCOVERY END DATE
This matter having been presented to the Court by the Law Offices of Viscomi & Lyons by
Nicole L. Hollingsworth, Esq., attorney for defendant, JT Auto Sales, Inc., for an Order extending
the discovery end date, and the Court having considered the moving papers and any opposition filed
thereto, and good cause having been shown.
1·1·\'1'1-It is on this __ day of FEBRUARY , 2017;
ORDERED, that the discovery end date be and is hereby extended an additional sixty (60)
days to APRIL 25, 2017 , with the following discovery to be completed:
1. All prior pleadings and discovery documents to be provided to counsel for
defendant JT Auto Sales, Inc. on or before FEBRUARY 25, 2017 :
2. The independent medical examination ("IME") of Plaintiff, Gene R. Sears, Jr., to be
completed on or before MARCH 1, 2017 ; with,
3. Defendant JT Auto Sales, Inc. to serve its IME/ expert report upon plaintiff on or
before APRIL 5, 2017 ; with
4. Plaintiff to serve any rebuttal IME reports upon defendants on or before APRIL
17, 2017 ;
5. Expert depositions to be completed on or before APRIL 25, 2017 ; it is,
FURTHER ORDERED that a copy of this Order be served upon all parties within
_J ___ days of the date hereof.
___ Motion Opposed
11<. Motion Unopposed
FURTHER ORDERED tha~trati;;c)frial scheduled for Nii..KA,1 l , Z o l7is hereby adjourned to M,,'1 "I I J.<0 \,
-\lr,c.Jl. c.,~'\lt.\\ \)f S:e:\ -~( jl,l\'j
.
.·· /., //
?
J.S.C.
MICHAEL A TOTO, J.S.C.
10 2.on I •
APPENDIX FOR ORDER
Checklist of papers considered by Judge:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
~ Notice of Motion Returnable
v Movant's Certification -',
Movant's Brief Dated
Answering Affidavits Dated
Submitted on behalf of
Answering Brief Dated
Submitted on behalf of
Cross-Motion Dated
Movant's Reply Dated
Other
Opposed
Unopposed
___ / __ _
___ / __ _
___ / __ _
___ / __ _
___ / __ _
___ / __ _
___ / __ _
FARKAS & DONOHUE, LLC Jennifer Salfi Gianetti, Esq. - 037942003 25 A Hanover Road, Suite 320 Florham Park, New Jersey 07932 973-443-9400 973-443-4330-Fax
1/!l/,ff :i·JJ-/J
FILED /FEB 1 7 ,,117
JUDGE MICHAEL A. raro
Attorneys for Defendant Princeton HealthCare System, a New Jersey non-profit corporation as Owner and Operator of University Medical Center at Princeton s/h/a Princeton Medical Center Our File No.: PMC-173 NESHANTA SCOTT, individually, and as : Administratrix ad Prosequendum of the ESTATE OF DIANE SCOTT, deceased, on : behalf of the Heirs-at-Law of DIANE SCOTT, and DIANE SCOTT, individually, :
Plaintiffe,
v.
PRINCETON MEDICAL CENTER, JOHN DOE MEDICAL DIRECTOR, JANE DOES 1-5, JOHN DOE, MD 1-5, ABC CORPORATION, et al.
Defendants.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MIDDLESEX COUNTY DOCKET NO.: MID-L-003-16
Civil Action
ORDER
THIS MATTER having been opened to the Court by Farkas & Donohue, LLC, attor-
neys for defendant, Princeton HealthCare System, and the Court having considered the moving
papers, and for good cause having been shown;
. ·1y\"-ON THIS jJ_ day of February 2017;
ORDERED that discovery is extended from February 20, 2017 to June 20, 2017; and it
is further
ORDERED that party and fact depositions be completed by March 31, 2016; and it is further
ORDERED that plaintiff serve any and all expert reports by April 30, 2017; and it is further
ORDERED that the defense serve any and all expett reports by May 30, 2017; and it is further
ORDERED that all expert depositions be completed by June 20, 2017; and it is further
ORDERED a copy ohhis Order shall be served upon all counsel of record within sev
en (7) days of its receipt in filed, executed form by Farkas & Donohue, LLC.
-~Opposed ~Unopposed
MICHAEL A. TOTO, J.S.C.
J.S.C.
Law Office of Robert Raskas 371 Hoes Lane, Suite 105 Piscataway, NJ 08854 (732) 981-1649 (Telephone) (732) 981-1657 (Fax) By: Teresa Valle, Esq., 04242-2006
Attorney for Defendant, Parijat Cheema
CHERYL SAUNDERS-CUDJOE,
Plaintiff, i
-vs-
WILLAIM G. BLENDERMAN, ERJC S. MUNI, GENEROSA C. AUSTERO, VIVENCIO B. AUSTERO, TIAN PING ZHENG, QUI YONG, IRENE A. SPADACCINI, CHRISTOPHER M. DAVID, TERRY M. JACKSON, JOSEPH P. CONNORS, DANILE J CONNORS, ANOTONIO M ESTEVEZCORONA, GUANO LIU, LEO LIU, PARJJAT K. CHEEMA, LAUREN W POWERS, JOHN POWERS, SYLVIA D. LEE, DONALD R. ABRAMSON, NAZAN A. PETTIFORD, JOHN DOES (1-10) ( said names being ficitious and unknown personal) and ABC CORP(l-10) (said names being fictitious and unknown entities)
Defendants. I
I
FILED fB3 8 7 2017
JUDGE MICHAEL A. lO'JO
SUPERJOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKETNO. MID-L-108-16
Civil Action
ORDER
This matter having been opened to the Court on Motion of Teresa Valle, Esq., attorney for
defendant, Parijat Cheema, for an Order to compel plaintiff to appear for an Independent Medical
Examination on May 4, 2017 and to pay the $50.00 "no show" fee within twenty (20) days of the
date of this Order and the Court having read and considered the moving papers, and for good cause
appeanng;
17 .~-- //! ,
IT IS on this_ day of_~--"_··_.>_<_C_(._it--1'"--------' 2017:
ORDERED that plaintiff shall appear for an Independent Medical Examination on May 4, 2017; and it is further
ORDERED that plaintiff shall pay the $50.00 "no show" fee within twenty (20) days of the date of this Order; and it is further
ORDERED that a copy of the within Order be served on all counsel within __ days of the date hereof
() Opposed ('?''Unopposed
J.S.C.
MICHAEL A. TOTO, J.S.C.
File No. 73387-D8
Timothy E. Haggerty, Esq. -Attorney I.D. Number: 003981975 LAW OFFICES OF STEPHEN E. GERTLER
FILED FEB 1 7 2017
JUDGE MICHAEL A. 1UJO A Professional Corporation Monmouth Shores Corporate Park 1350 Campus Parkway P.O. Box 1447 Wall Township, New Jersey 07719 (732) 919-1110 Attorneys for Defendant, Triple C Housing, Inc.
ROBERT STEELE,
Plaintiff,
vs.
TRIPLE C HOUSING, INC., et als,
Defendant.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: Middlesex County DOCKET NO.: MID-L-3201-15 1{1
Civil Action
ORDER COMPELLING DISCOVERY FROM PLAINTIFF PURSUANT TOR. 4:17-5(c
This matter having been brought before the Court on Motion of The Law Offices of
Stephen E. Gertler, attorneys for the defendant, Triple C Housing, Inc., for an Order
compelling discovery from plaintiff, and said Motion being made and served in accordance
with Rule 1 :6-2 and the matter having been consider on the papers submitted and for good
cause shown;
IT IS on this ___ day of February, 2017; ORDERED that
1. Plaintiff be and is hereby compelled to provide lumbar MRI scans undergone
by Mr. Steele on 9/27/12 at New Jersey Imaging and Diagnostic Center; and
lumbar MRI scans undergone by Mr. Steele on 12/16/14 at Edison Imaging
Center within the next 30 days; and IT IS FURTHER ORDERED that
2. A copy of this Order shall be served upon all parties within 7 days of the date of
this Order.
Opposed rl:Sunopposed
-~ _,./'" ~7
//~
MICHAEL A. TOTO, J.S.C.
J.S.C.
FAILURE TO COMPY WITH THIS ORDER MAY RESULT IN YOUR ARREST
Donald J Sears, Esq. Township of South Brunswick P.O. Box 190 Monmouth Junction, NJ 08852 Phone No.: (732) 329-4000 Attorney for Plaintiff, Township o.fSouth Brunswick
TOWNSHIP OF SOUTH BRUNSWICK
Plaintiff
V.
Allstate Insurance Company
Defendant
FILED FEB t 7 2017
JUDGE MICHAEL A. lOJO
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION SPECIAL CIVIL PART MIDDLESEX COUNTY
Docket No.: MID-DC-013693-15 Judgment No.: DJ 78603-16
Civil Action
ORDER TO ENFORCE LITIGANT'S RIGHTS
THIS MATTER having been opened to the Court by the Plaintiff, Township of South
Brunswick, appearing by and through its attorney, Donald J. Sears, Director of Law,
Township of South Brunswick, on notice to the Defendant, Allstate Insurance Company, for
an Order Enforcing Litigant's Rights, and the Court having considered the moving papers
and the papers filed in opposition to the motion (if any), for the reasons set forth on the
record and otherwise for good cause shown;
IT IS HEREBY ORDERED and adjudged on this~~ day of Fz:".J /7 ~~~71-----~~~~ 2017, that:
(1) Defendant Allstate Insurance Company has violated the litigant's rights of the
Plaintiff by failure to comply with the Information Subpoena served upon it;
(2) Defendant Allstate Insurance Company shall provide a fully completed
Information Subpoena to the Plaintiff immediately;
1
ft ~,;/__(
6,Q/1 '7-/(
(3) If the Defendant Allstate Insurance Company fails to comply with the Information
Subpoena within ten (10) days of the certified date of personal service or mailing of this order, a
corporate representative of the Defendant shall appear before this Court and show cause why the
Defendant should not be held in contempt of Corni;
(4) Defendant Allstate Insurance Company shall pay the Plaintiff attorney's fees
and costs in connection with this motioll' and ff: fz,, ;;, /#(} ~,; ' !fl-//
ORDERED that a copy of this Order shall be served upon all counsel of record and
upon all umepresented paiiies within seven (7) days of the date hereof via regular mail and
certified mail, return receipt requested.
/----7 -----/ - / ..... /'
, ~ /' J.S.C.
Opposition filed: MICHAEL A. TOTO, J.S.C.
( ) Yes
r(i.No
2
Firm Code No.: H21 File No.: 135211707 Cooper Maren Nitsberg Voss & Decoursey Joseph P. Lavin, Esq. Bar#: 021272011
FILED FEB f 7 2017
485 Route I South Building A, Suite 200 JUDGE MICHAEL A. lOIO Iselin, NJ 08830 Ph: 732-362-3400; Direct Dial: (732) 362-3227 Fax: (866) 827-4716 Attorneys for Defendants, Ellen M. Gladstone and Troy B. Gladstone
NATHALIA VALENCIA-MARTINEZ, by her Guardian Ad Litem, OSCAR VALENCIA-ARIAS,
Plaintiff,
v.
TROY B. GLADSTONE, ELLEN M. GALDSTONE, JOHN DOES 1-10 (said names fictitious, real names unknown) and ABC CORPORATIONS 1-10 (said names fictitious, real names unknown),
Defendants.
SUPERIOR COURT OF NEW JERSEY Middlesex COUNTY
LAW DIVISION
CIVIL ACTION
DOCKET NO.: MID-L-2204-16
ORDER
THIS MATTER having been opened to the Court by Joseph P. Lavin, attorney for
Defendants, Ellen M. Gladstone and Troy B. Gladstone, for an Order dismissing plaintiffs
Complaint with prejudice, and the Court having reviewed the moving papers submitted, and any
opposition thereto, and for good cause appearing;
IT IS on this J]_ day of ___ !'.'.> ___ ,, 20 J]_.
ORDERED that plaintiffs Complaint is hereby dismissed, with prejudice; and
IT IS FURTHER ORDERED that a copy of the within Order shall be served upon all
counsel within 7 days of the date of this Order.
Opposed
Unopposed MICHAEL A. TOTO, J.S.C.
FILED FEB 17 2017
JUDGE MICHAEL A. "IOIO
1157/
OJ. / 171- / I 7--
NOTICE: This is a public document,which means the document as submitted will be available to to the public upon request. Therefore, do not enter personal identifiers on it, such as Social Security number, driver's license number, vehicle plate number, insurance policy number, active financial account number, or active credit card number.
Daniel E. Schlossberg - 015102010
File# M331948 PRESSLER and PRESSLER, LLP Attorneys At Law 7 Entin Rd. Parsippany, NJ 07054-5020 1-973-753-5100
FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN YOUR ARREST
WORLDWIDE ASSET PURCHASING II, LLC
Plaintiff vs.
NORMAN MENDOZA Defendants
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX County DOCKET NO. L -001804-05 J -253048-05 CIVIL ACTION
ORDER TO ENFORCE LITIGANT'S RIGHTS
This matter having been opened to the Court by Pressler and
Pressler, LLP on plaintiff's motion for an order enforcing litigant's
rights and the defendant having failed to appear on the return date
and having failed to comply with the information subpoena; fl
It is on the day of 2017 ORDERED and
adjudged:
1) Defendant(s) NORMAN MENDOZA has violated plaintiff's rights as a
litigant;
2) Defendant(s) NORMAN MENDOZA shall immediately furnish answers as
required by the information subpoena;
3) If defendant(s) NORMAN MENDOZA fails to comply with the information
subpoena within ten (10) days of the certified date of mailing of this
order, a warrant for the defendant's arrest may issue out of this
Court without further notice;
4) Defendant shall pay plaintiff's fees in connection with this
MICHAEr'itroro. J.S.C.
PROOF OF SERVICE
On ,2017 , I served a true copy of this Order on -----------
Defendant(s) NORMAN MENDOZA by sending it simultaneously by regular and
certified mail, return receipt requested to: 110 S LINCOLN AVE MIDDLESEX,
NJ 088462247
I certify that the foregoing statements made by me are true. I am aware
that if any of the foregoing statements made by me are willfully false, I
am subject to punishment.
Dated: -----------
SANTORO AND SANTORO · 304 Maple Avenue
P.O. Box 38 S. Plainfield, NJ 07080 Phone (908) 756-0785 Attorneys for Plaintiff
FILED FEB I· 7 2017
JI/OGE MICHAEL A, lOII)
-------------------------------------------------------){
'.::ff I I 1.3 00- J Fr I , ::;-
MITCHELL DARNELL WEBB,
Plaintiffs,
SUPERIOR COURT OF NEW JERSEY LAW DIVISION - MIDDLESE){ COUNTY
-against-
CLAUDETTE ROLLING, JOHN DOE 1-5, and "ABC" CORPORATION (FICTITIOUS ENTITIES WHOSE E){ACT IDENTITIES ARE PRESENTLY UNKNOWN TO PLAINTIFF),
Defendants----------
---------------------------------------------)(
Civil Action
Docket No.: MID-L-1310-16
ORDER
This matter having been opened to the Comi by way of Notice of Motion filed by
Edward J. Santoro, Esq., on behalf of the Santoro and Santoro, Attorneys for the Plaintiff(s),
and the Comi having considered the matter, and for other good cause shown,
It is on this Cl day of fr~ , 2017
8RDE-R-EB-!htlt-t!l:e-tlefe!!dant2-s-Motiea to Dismiss witl! 13rej1c1diee is ll<lrelly dettied,
and it is forthet
ORDERED that the October 28, 2016 Order dismissing the plaintiffs Complaint as to
the defendant, CLAUDETTE ROLLING, is hereby vacated; and it is fiuiher
ORDERED that the plaintiffs Complaint is reinstated and returned to the active trial
calend~r upon the payment of a $300.00 restoration fee; and it is fmiher
ORDERED-thauh- JcD.,,is«'C"'v"ve"'l~y4E'1nvd1DffiratFPe:-;1,s-----;;,ianncTd111tfi1iiiTs filfiher --
ORDERED that a copy of the within Order shall be served upon all counsel within
_,_ days of the date hereof.
Papers Considered: ( ") Answering Papers ( ) Reply Papers
Opposed _ _..,._ Unopposed p(
,, C"'/ / J.S .. / //
,,/
MICHAEL A TOTO, J.S.C.