Preview
BER-L-002337-22 09/15/2022 3:12:18 PM Pg 1 of 3 Trans ID: LCV20223341998
McCann & McCann, Esqs.
Edmund V. McCann, Esq.
Attorney ID # 270321971
238 Main Street
Post Office Box 399
Ridgefield Park, NJ 07660
(201) 440-4880
(201) 440-6392 (fax)
Attorney(s) for Plaintiff(s)
emccann@mccann-mccann.com
_________________________________
)
Gerard Schlemm. Individually and as ) SUPERIOR COURT OF NEW JERSEY
Executor of the Estate of Gregory ) CHANCERY DIVISION - BERGEN COUNTY
Schlemm Plaintiff(s), )
)
vs. ) Docket No. BER L-002337-22
)
Nicholas Donato, Jr., Donato Financial )
Group LLC, Royal Alliance Associates, )
Inc., Gary Schlemm, Judith Schlemm ) Civil Action
Heather Schlemm, Anna Marie Brody, )
Prudential Insurance Company, ) COMPLAINT
Blackrock, Merrill Lynch, Met Life )
Insurance, Jackson National Life Ins. ) NOTICE OF MOTION TO EXTEND
Janus and Henderson, ) DISCOVERY END DATE
Morgan Stanley, Standard Insurance, and)
Peter N. Davis and Associates, LLC )
Company (A through L) these names )
Being Fictitious )
Defendant(s) )
_________________________________ )
Defendants
TO: Samuel E. Cohen, Esquire
MARSHALL DENNEHEY
2000 Market Street, Suite 2300
Philadelphia, PA 19103
BER-L-002337-22 09/15/2022 3:12:18 PM Pg 2 of 3 Trans ID: LCV20223341998
Attorneys for Defendants, Nicholas Donato, Jr., Donato Financial Group, LLC and Royal
Alliance Associates, Inc.
Lawrence A. Joel, Esquire
Joel & Joel, LLP
700 Kinderkamack Road Suite 203
Oradell, NJ 07649
Attorneys for Defendant, Anna Brody
Michael P. Luongo, Esquire
Goldberg Segalla, LLP
1700 Market Street, Suite 1418
Philadelphia, PA 19103
Attorneys for Defendant, Peter N. Davis & Associates
Jenee K. Ciccarelli -
CICCARELLI LAW, PC
239 New Road, Building A, Suite 301
Parsippany, NJ 07054
Attorney for Defendants, Gary Schlemm, Judith Schlemm and Heather Schlemm
SIR:
PLEASE TAKE NOTICE that the undersigned, as attorney for Defendants in the above captioned
action, shall move before the Hon. Robert M. Vinci, J.S.C., or such judge as may be designated, Superior
Court, Law Division, Bergen County, at the Bergen County Justice Center, 10 Main St., Hackensack NJ
07601, on Friday, October 07, 2022, at 9:00 o'clock in the forenoon or as soon thereafter as counsel may
be heard, for an Order extending the discovery end date in this matter to February 15, 2023, pursuant to R.
4:24-1.
In support of this application, Defendants will rely on the annexed certification of counsel. A
proposed form of Order is also submitted herewith.
The discovery end date is November 05, 2022; no trial or mediation date has been scheduled.
McCann & McCann, Esqs.
Attorney for the Plaintiff
/s Edmund V. McCann_______________
Edmund V. McCann
DATED: September 13, 2022
BER-L-002337-22 09/15/2022 3:12:18 PM Pg 3 of 3 Trans ID: LCV20223341998
CERTIFICATION OF FILING AND SERVICE
I certify that the foregoing Notice of Motion and supporting certification were filed with the Court
and served upon the Defendants via ecourt within the time and manner prescribed by the Rules of Court. I
further certify that the foregoing statements are true. I understand that if any of the foregoing statements
are willfully false, I am subject to punishment.
__/s Edmund V. McCann ____________
Edmund V. McCann
DATED: September 15, 2022
BER-L-002337-22 09/15/2022 3:12:18 PM Pg 1 of 2 Trans ID: LCV20223341998
McCann & McCann, Esqs.
Edmund V. McCann, Esq.
Attorney ID # 270321971
238 Main Street
Post Office Box 399
Ridgefield Park, NJ 07660
(201) 440-4880
(201) 440-6392 (fax)
Attorney(s) for Plaintiff(s)
emccann@mccann-mccann.com
_________________________________
)
Gerard Schlemm. Individually and as ) SUPERIOR COURT OF NEW JERSEY
Executor of the Estate of Gregory ) CHANCERY DIVISION- BERGEN COUNTY
Schlemm Plaintiff(s), )
)
vs. ) Docket No. BER L-002337-22
)
Nicholas Donato, Jr., Donato Financial )
Group LLC, Royal Alliance Associates, )
Inc., Gary Schlemm, Judith Schlemm ) Civil Action
Heather Schlemm, Anna Marie Brody, )
Prudential Insurance Company, ) ORDER EXTENDING DISCOVERY
Blackrock, Merrill Lynch, Met Life )
Insurance, Jackson National Life Ins. )
Janus and Henderson, )
Morgan Stanley, Standard Insurance, and)
Peter N. Davis and Associates, LLC )
Company (A through L) these names )
Being Fictitious )
Defendant(s) )
_________________________________ )
THIS MATTER being opened to the Court upon the application of Plaintiffs by their attorney, Edmund V.
McCann, on notice to the defendants (MARSHALL DENNEHEY, Joel & Joel, Esqs. Goldberg Segalla,
LLP, and Ciccarelli Law, PC), for an Order extending the discovery end date; and the Court having
reviewed the certification submitted in support of the motion, and the Court having heard the argument of
counsel; and good cause appearing for the relief herein;
BER-L-002337-22 09/15/2022 3:12:18 PM Pg 2 of 2 Trans ID: LCV20223341998
IT IS on this day of October, 2022
ORDERED that the discovery end date in this matter is extended to February 15, 2023; and it is
FURTHER ORDERED that:
a. Defendants shall provide answers to interrogatories propounded by Plaintiff and responses to
Plaintiff’s request for production of documents on or before November 30, 2022;
b. Depositions of parties will be completed on or before January 7, 2023; and
c. Depositions of experts, if any, will be completed by February 15, 2023;
FURTHER ORDERED that within _______ days of its entry, a true copy of this Order shall be
served upon the Counsel for the respondent.
HON. ROBERT M. VINCI, J.S.C.
PAPERS CONSIDERED
Notice of Motion
Movant's Affidavits/Certifications
Movant's Brief
Answering Affidavits/Certifications
Answering Brief
Cross-motion
Movant's Reply
Other
BER-L-002337-22 09/15/2022 3:12:18 PM Pg 1 of 3 Trans ID: LCV20223341998
McCann & McCann, Esqs.
Edmund V. McCann, Esq.
Attorney ID # 270321971
238 Main Street
Post Office Box 399
Ridgefield Park, NJ 07660
(201) 440-4880
(201) 440-6392 (fax)
Attorney(s) for Plaintiff(s)
emccann@mccann-mccann.com
_________________________________
)
Gerard Schlemm. Individually and as ) SUPERIOR COURT OF NEW JERSEY
Executor of the Estate of Gregory ) CHANCERY DIVISION- BERGEN COUNTY
Schlemm Plaintiff(s), )
)
vs. ) Docket No. BER L-002337-22
)
Nicholas Donato, Jr., Donato Financial )
Group LLC, Royal Alliance Associates, )
Inc., Gary Schlemm, Judith Schlemm ) Civil Action
Heather Schlemm, Anna Marie Brody, )
Prudential Insurance Company, ) CERTIFICATION IN SUPPORT OF MOTION
Blackrock, Merrill Lynch, Met Life )
Insurance, Jackson National Life Ins. ) TO EXTEND DISCOVERY END DATE
Janus and Henderson, )
Morgan Stanley, Standard Insurance, and)
Peter N. Davis and Associates, LLC )
Company (A through L) these names )
Being Fictitious )
Defendant(s) )
_________________________________ )
Edmund V. McCann hereby certifies as follows:
1. I am an Attorney at Law of the State of New Jersey and the attorney for the Plaintiff in the
above captioned matter. I am personally familiar with the facts herein and make this Certification in support
BER-L-002337-22 09/15/2022 3:12:18 PM Pg 2 of 3 Trans ID: LCV20223341998
of the Plaintiffs’ motion to extend the discovery period, which presently expires on November 05, 2022 to
February 15, 2023.
2. This case involves a good faith dispute between the Plaintiff against Defendants Heather
Schlemm, Gary Schlemm, Judith Schlemm, Anna Marie Brody and Nicholas Donato cooperated in
arranging for and inducing the Decedent, Gregory Schlemm, to sign change of beneficiary forms with each
of the co-defendants, Prudential Insurance Company, Blackrock, Merrill Lynch, Met Life Insurance,
Jackson National Life Insurance. Janus and Henderson, Morgan Stanley, and Standard Insurance, at a time
when the Decedent was in declining health, great pain, vulnerable, easily manipulated, suffering from
diminished volition, heavily medicated and relentlessly induced, all of which had the effect of cajoling
Decedent to revise his estate plan without his own volition to favor of Gary Schlemm, Judith Schlemm,
Heather Schlemm, and Anna Marie Brody to the detriment of the original designated beneficiary, his
brother Gerard Schlemm, with whom the decedent had resided for many years.
3. I contracted the Covid-19 virus in late March while in Scotland which left me quarantined
for 11 days and incapacitated for a number of weeks. This is an insidious illness, recovery from which took
far longer than I had expected. As a solo practitioner, I struggled for the past several months to maintain
my practice while I awaited the end of symptoms, return of my stamina and ability to focus for a sufficient
time period to permit engaging in more intensive events such as depositions and trials. In retrospect, it has
only been the last several weeks that I have reached the point of being substantially recovered.
4. As a result of my illness, I was unable to fully resume my practice as early as I hoped. At
this point, I am still playing “catch up” on several significant matters, including this case and several other
pending matters in litigation. The extension of discovery would permit me to deal with this matter
thoughtfully and obtain necessary discovery from the defendants and provide the necessary discovery
responses due to Defendants in a comprehensive matter.
5. Pursuant to R. 1:6-2, I personally made contact with Defendants’ attorneys to obtain their
consent to this application. I have presented to the Defendants’ attorneys a schedule to complete discovery
BER-L-002337-22 09/15/2022 3:12:18 PM Pg 3 of 3 Trans ID: LCV20223341998
in this matter, which is set forth in the form of order which accompanies this motion and to which he
consents.
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.
_/Edmund V. McCann_____________
Edmund V. McCann
DATED: September 15, 2022
BER-L-002337-22 09/15/2022 3:12:18 PM Pg 1 of 3 Trans ID: LCV20223341998
McCann & McCann, Esqs.
Edmund V. McCann, Esq.
Attorney ID # 270321971
238 Main Street
Post Office Box 399
Ridgefield Park, NJ 07660
(201) 440-4880
(201) 440-6392 (fax)
Attorney(s) for Plaintiff(s)
emccann@mccann-mccann.com
_________________________________
)
Gerard Schlemm. Individually and as ) SUPERIOR COURT OF NEW JERSEY
Executor of the Estate of Gregory ) CHANCERY DIVISION - BERGEN COUNTY
Schlemm Plaintiff(s), )
)
vs. ) Docket No. BER L-002337-22
)
Nicholas Donato, Jr., Donato Financial )
Group LLC, Royal Alliance Associates, )
Inc., Gary Schlemm, Judith Schlemm ) Civil Action
Heather Schlemm, Anna Marie Brody, )
Prudential Insurance Company, ) COMPLAINT
Blackrock, Merrill Lynch, Met Life )
Insurance, Jackson National Life Ins. ) NOTICE OF MOTION TO EXTEND
Janus and Henderson, ) DISCOVERY END DATE
Morgan Stanley, Standard Insurance, and)
Peter N. Davis and Associates, LLC )
Company (A through L) these names )
Being Fictitious )
Defendant(s) )
_________________________________ )
Defendants
TO: Samuel E. Cohen, Esquire
MARSHALL DENNEHEY
2000 Market Street, Suite 2300
Philadelphia, PA 19103
BER-L-002337-22 09/15/2022 3:12:18 PM Pg 2 of 3 Trans ID: LCV20223341998
Attorneys for Defendants, Nicholas Donato, Jr., Donato Financial Group, LLC and Royal
Alliance Associates, Inc.
Lawrence A. Joel, Esquire
Joel & Joel, LLP
700 Kinderkamack Road Suite 203
Oradell, NJ 07649
Attorneys for Defendant, Anna Brody
Michael P. Luongo, Esquire
Goldberg Segalla, LLP
1700 Market Street, Suite 1418
Philadelphia, PA 19103
Attorneys for Defendant, Peter N. Davis & Associates
Jenee K. Ciccarelli -
CICCARELLI LAW, PC
239 New Road, Building A, Suite 301
Parsippany, NJ 07054
Attorney for Defendants, Gary Schlemm, Judith Schlemm and Heather Schlemm
SIR:
PLEASE TAKE NOTICE that the undersigned, as attorney for Defendants in the above captioned
action, shall move before the Hon. Robert M. Vinci, J.S.C., or such judge as may be designated, Superior
Court, Law Division, Bergen County, at the Bergen County Justice Center, 10 Main St., Hackensack NJ
07601, on Friday, October 07, 2022, at 9:00 o'clock in the forenoon or as soon thereafter as counsel may
be heard, for an Order extending the discovery end date in this matter to February 15, 2023, pursuant to R.
4:24-1.
In support of this application, Defendants will rely on the annexed certification of counsel. A
proposed form of Order is also submitted herewith.
The discovery end date is November 05, 2022; no trial or mediation date has been scheduled.
McCann & McCann, Esqs.
Attorney for the Plaintiff
/s Edmund V. McCann_______________
Edmund V. McCann
DATED: September 13, 2022
BER-L-002337-22 09/15/2022 3:12:18 PM Pg 3 of 3 Trans ID: LCV20223341998
CERTIFICATION OF FILING AND SERVICE
I certify that the foregoing Notice of Motion and supporting certification were filed with the Court
and served upon the Defendants via ecourt within the time and manner prescribed by the Rules of Court. I
further certify that the foregoing statements are true. I understand that if any of the foregoing statements
are willfully false, I am subject to punishment.
__/s Edmund V. McCann ____________
Edmund V. McCann
DATED: September 15, 2022
Preview
BER-L-002337-22 09/15/2022 3:12:18 PM Pg 1 of 3 Trans ID: LCV20223341998 McCann & McCann, Esqs. Edmund V. McCann, Esq. Attorney ID # 270321971 238 Main Street Post Office Box 399 Ridgefield Park, NJ 07660 (201) 440-4880 (201) 440-6392 (fax) Attorney(s) for Plaintiff(s) emccann@mccann-mccann.com _________________________________ ) Gerard Schlemm. Individually and as ) SUPERIOR COURT OF NEW JERSEY Executor of the Estate of Gregory ) CHANCERY DIVISION - BERGEN COUNTY Schlemm Plaintiff(s), ) ) vs. ) Docket No. BER L-002337-22 ) Nicholas Donato, Jr., Donato Financial ) Group LLC, Royal Alliance Associates, ) Inc., Gary Schlemm, Judith Schlemm ) Civil Action Heather Schlemm, Anna Marie Brody, ) Prudential Insurance Company, ) COMPLAINT Blackrock, Merrill Lynch, Met Life ) Insurance, Jackson National Life Ins. ) NOTICE OF MOTION TO EXTEND Janus and Henderson, ) DISCOVERY END DATE Morgan Stanley, Standard Insurance, and) Peter N. Davis and Associates, LLC ) Company (A through L) these names ) Being Fictitious ) Defendant(s) ) _________________________________ ) Defendants TO: Samuel E. Cohen, Esquire MARSHALL DENNEHEY 2000 Market Street, Suite 2300 Philadelphia, PA 19103 BER-L-002337-22 09/15/2022 3:12:18 PM Pg 2 of 3 Trans ID: LCV20223341998 Attorneys for Defendants, Nicholas Donato, Jr., Donato Financial Group, LLC and Royal Alliance Associates, Inc. Lawrence A. Joel, Esquire Joel & Joel, LLP 700 Kinderkamack Road Suite 203 Oradell, NJ 07649 Attorneys for Defendant, Anna Brody Michael P. Luongo, Esquire Goldberg Segalla, LLP 1700 Market Street, Suite 1418 Philadelphia, PA 19103 Attorneys for Defendant, Peter N. Davis & Associates Jenee K. Ciccarelli - CICCARELLI LAW, PC 239 New Road, Building A, Suite 301 Parsippany, NJ 07054 Attorney for Defendants, Gary Schlemm, Judith Schlemm and Heather Schlemm SIR: PLEASE TAKE NOTICE that the undersigned, as attorney for Defendants in the above captioned action, shall move before the Hon. Robert M. Vinci, J.S.C., or such judge as may be designated, Superior Court, Law Division, Bergen County, at the Bergen County Justice Center, 10 Main St., Hackensack NJ 07601, on Friday, October 07, 2022, at 9:00 o'clock in the forenoon or as soon thereafter as counsel may be heard, for an Order extending the discovery end date in this matter to February 15, 2023, pursuant to R. 4:24-1. In support of this application, Defendants will rely on the annexed certification of counsel. A proposed form of Order is also submitted herewith. The discovery end date is November 05, 2022; no trial or mediation date has been scheduled. McCann & McCann, Esqs. Attorney for the Plaintiff /s Edmund V. McCann_______________ Edmund V. McCann DATED: September 13, 2022 BER-L-002337-22 09/15/2022 3:12:18 PM Pg 3 of 3 Trans ID: LCV20223341998 CERTIFICATION OF FILING AND SERVICE I certify that the foregoing Notice of Motion and supporting certification were filed with the Court and served upon the Defendants via ecourt within the time and manner prescribed by the Rules of Court. I further certify that the foregoing statements are true. I understand that if any of the foregoing statements are willfully false, I am subject to punishment. __/s Edmund V. McCann ____________ Edmund V. McCann DATED: September 15, 2022 BER-L-002337-22 09/15/2022 3:12:18 PM Pg 1 of 2 Trans ID: LCV20223341998 McCann & McCann, Esqs. Edmund V. McCann, Esq. Attorney ID # 270321971 238 Main Street Post Office Box 399 Ridgefield Park, NJ 07660 (201) 440-4880 (201) 440-6392 (fax) Attorney(s) for Plaintiff(s) emccann@mccann-mccann.com _________________________________ ) Gerard Schlemm. Individually and as ) SUPERIOR COURT OF NEW JERSEY Executor of the Estate of Gregory ) CHANCERY DIVISION- BERGEN COUNTY Schlemm Plaintiff(s), ) ) vs. ) Docket No. BER L-002337-22 ) Nicholas Donato, Jr., Donato Financial ) Group LLC, Royal Alliance Associates, ) Inc., Gary Schlemm, Judith Schlemm ) Civil Action Heather Schlemm, Anna Marie Brody, ) Prudential Insurance Company, ) ORDER EXTENDING DISCOVERY Blackrock, Merrill Lynch, Met Life ) Insurance, Jackson National Life Ins. ) Janus and Henderson, ) Morgan Stanley, Standard Insurance, and) Peter N. Davis and Associates, LLC ) Company (A through L) these names ) Being Fictitious ) Defendant(s) ) _________________________________ ) THIS MATTER being opened to the Court upon the application of Plaintiffs by their attorney, Edmund V. McCann, on notice to the defendants (MARSHALL DENNEHEY, Joel & Joel, Esqs. Goldberg Segalla, LLP, and Ciccarelli Law, PC), for an Order extending the discovery end date; and the Court having reviewed the certification submitted in support of the motion, and the Court having heard the argument of counsel; and good cause appearing for the relief herein; BER-L-002337-22 09/15/2022 3:12:18 PM Pg 2 of 2 Trans ID: LCV20223341998 IT IS on this day of October, 2022 ORDERED that the discovery end date in this matter is extended to February 15, 2023; and it is FURTHER ORDERED that: a. Defendants shall provide answers to interrogatories propounded by Plaintiff and responses to Plaintiff’s request for production of documents on or before November 30, 2022; b. Depositions of parties will be completed on or before January 7, 2023; and c. Depositions of experts, if any, will be completed by February 15, 2023; FURTHER ORDERED that within _______ days of its entry, a true copy of this Order shall be served upon the Counsel for the respondent. HON. ROBERT M. VINCI, J.S.C. PAPERS CONSIDERED Notice of Motion Movant's Affidavits/Certifications Movant's Brief Answering Affidavits/Certifications Answering Brief Cross-motion Movant's Reply Other BER-L-002337-22 09/15/2022 3:12:18 PM Pg 1 of 3 Trans ID: LCV20223341998 McCann & McCann, Esqs. Edmund V. McCann, Esq. Attorney ID # 270321971 238 Main Street Post Office Box 399 Ridgefield Park, NJ 07660 (201) 440-4880 (201) 440-6392 (fax) Attorney(s) for Plaintiff(s) emccann@mccann-mccann.com _________________________________ ) Gerard Schlemm. Individually and as ) SUPERIOR COURT OF NEW JERSEY Executor of the Estate of Gregory ) CHANCERY DIVISION- BERGEN COUNTY Schlemm Plaintiff(s), ) ) vs. ) Docket No. BER L-002337-22 ) Nicholas Donato, Jr., Donato Financial ) Group LLC, Royal Alliance Associates, ) Inc., Gary Schlemm, Judith Schlemm ) Civil Action Heather Schlemm, Anna Marie Brody, ) Prudential Insurance Company, ) CERTIFICATION IN SUPPORT OF MOTION Blackrock, Merrill Lynch, Met Life ) Insurance, Jackson National Life Ins. ) TO EXTEND DISCOVERY END DATE Janus and Henderson, ) Morgan Stanley, Standard Insurance, and) Peter N. Davis and Associates, LLC ) Company (A through L) these names ) Being Fictitious ) Defendant(s) ) _________________________________ ) Edmund V. McCann hereby certifies as follows: 1. I am an Attorney at Law of the State of New Jersey and the attorney for the Plaintiff in the above captioned matter. I am personally familiar with the facts herein and make this Certification in support BER-L-002337-22 09/15/2022 3:12:18 PM Pg 2 of 3 Trans ID: LCV20223341998 of the Plaintiffs’ motion to extend the discovery period, which presently expires on November 05, 2022 to February 15, 2023. 2. This case involves a good faith dispute between the Plaintiff against Defendants Heather Schlemm, Gary Schlemm, Judith Schlemm, Anna Marie Brody and Nicholas Donato cooperated in arranging for and inducing the Decedent, Gregory Schlemm, to sign change of beneficiary forms with each of the co-defendants, Prudential Insurance Company, Blackrock, Merrill Lynch, Met Life Insurance, Jackson National Life Insurance. Janus and Henderson, Morgan Stanley, and Standard Insurance, at a time when the Decedent was in declining health, great pain, vulnerable, easily manipulated, suffering from diminished volition, heavily medicated and relentlessly induced, all of which had the effect of cajoling Decedent to revise his estate plan without his own volition to favor of Gary Schlemm, Judith Schlemm, Heather Schlemm, and Anna Marie Brody to the detriment of the original designated beneficiary, his brother Gerard Schlemm, with whom the decedent had resided for many years. 3. I contracted the Covid-19 virus in late March while in Scotland which left me quarantined for 11 days and incapacitated for a number of weeks. This is an insidious illness, recovery from which took far longer than I had expected. As a solo practitioner, I struggled for the past several months to maintain my practice while I awaited the end of symptoms, return of my stamina and ability to focus for a sufficient time period to permit engaging in more intensive events such as depositions and trials. In retrospect, it has only been the last several weeks that I have reached the point of being substantially recovered. 4. As a result of my illness, I was unable to fully resume my practice as early as I hoped. At this point, I am still playing “catch up” on several significant matters, including this case and several other pending matters in litigation. The extension of discovery would permit me to deal with this matter thoughtfully and obtain necessary discovery from the defendants and provide the necessary discovery responses due to Defendants in a comprehensive matter. 5. Pursuant to R. 1:6-2, I personally made contact with Defendants’ attorneys to obtain their consent to this application. I have presented to the Defendants’ attorneys a schedule to complete discovery BER-L-002337-22 09/15/2022 3:12:18 PM Pg 3 of 3 Trans ID: LCV20223341998 in this matter, which is set forth in the form of order which accompanies this motion and to which he consents. 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. _/Edmund V. McCann_____________ Edmund V. McCann DATED: September 15, 2022 BER-L-002337-22 09/15/2022 3:12:18 PM Pg 1 of 3 Trans ID: LCV20223341998 McCann & McCann, Esqs. Edmund V. McCann, Esq. Attorney ID # 270321971 238 Main Street Post Office Box 399 Ridgefield Park, NJ 07660 (201) 440-4880 (201) 440-6392 (fax) Attorney(s) for Plaintiff(s) emccann@mccann-mccann.com _________________________________ ) Gerard Schlemm. Individually and as ) SUPERIOR COURT OF NEW JERSEY Executor of the Estate of Gregory ) CHANCERY DIVISION - BERGEN COUNTY Schlemm Plaintiff(s), ) ) vs. ) Docket No. BER L-002337-22 ) Nicholas Donato, Jr., Donato Financial ) Group LLC, Royal Alliance Associates, ) Inc., Gary Schlemm, Judith Schlemm ) Civil Action Heather Schlemm, Anna Marie Brody, ) Prudential Insurance Company, ) COMPLAINT Blackrock, Merrill Lynch, Met Life ) Insurance, Jackson National Life Ins. ) NOTICE OF MOTION TO EXTEND Janus and Henderson, ) DISCOVERY END DATE Morgan Stanley, Standard Insurance, and) Peter N. Davis and Associates, LLC ) Company (A through L) these names ) Being Fictitious ) Defendant(s) ) _________________________________ ) Defendants TO: Samuel E. Cohen, Esquire MARSHALL DENNEHEY 2000 Market Street, Suite 2300 Philadelphia, PA 19103 BER-L-002337-22 09/15/2022 3:12:18 PM Pg 2 of 3 Trans ID: LCV20223341998 Attorneys for Defendants, Nicholas Donato, Jr., Donato Financial Group, LLC and Royal Alliance Associates, Inc. Lawrence A. Joel, Esquire Joel & Joel, LLP 700 Kinderkamack Road Suite 203 Oradell, NJ 07649 Attorneys for Defendant, Anna Brody Michael P. Luongo, Esquire Goldberg Segalla, LLP 1700 Market Street, Suite 1418 Philadelphia, PA 19103 Attorneys for Defendant, Peter N. Davis & Associates Jenee K. Ciccarelli - CICCARELLI LAW, PC 239 New Road, Building A, Suite 301 Parsippany, NJ 07054 Attorney for Defendants, Gary Schlemm, Judith Schlemm and Heather Schlemm SIR: PLEASE TAKE NOTICE that the undersigned, as attorney for Defendants in the above captioned action, shall move before the Hon. Robert M. Vinci, J.S.C., or such judge as may be designated, Superior Court, Law Division, Bergen County, at the Bergen County Justice Center, 10 Main St., Hackensack NJ 07601, on Friday, October 07, 2022, at 9:00 o'clock in the forenoon or as soon thereafter as counsel may be heard, for an Order extending the discovery end date in this matter to February 15, 2023, pursuant to R. 4:24-1. In support of this application, Defendants will rely on the annexed certification of counsel. A proposed form of Order is also submitted herewith. The discovery end date is November 05, 2022; no trial or mediation date has been scheduled. McCann & McCann, Esqs. Attorney for the Plaintiff /s Edmund V. McCann_______________ Edmund V. McCann DATED: September 13, 2022 BER-L-002337-22 09/15/2022 3:12:18 PM Pg 3 of 3 Trans ID: LCV20223341998 CERTIFICATION OF FILING AND SERVICE I certify that the foregoing Notice of Motion and supporting certification were filed with the Court and served upon the Defendants via ecourt within the time and manner prescribed by the Rules of Court. I further certify that the foregoing statements are true. I understand that if any of the foregoing statements are willfully false, I am subject to punishment. __/s Edmund V. McCann ____________ Edmund V. McCann DATED: September 15, 2022