Preview
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 1 of 5 Trans ID: LCV20224139469
ESX
ESSEX COUNTY - CIVIL DIVISION
0000
SUPERIOR COURT OF NJ
PKT
465 MARTIN LUTHER KING JR BLVD
000
NEWARK NJ 07102
OS9
21
DATE DECEMBER 05, 2022
MARC W. GARBAR
BERTONE PICCINI LLP
777 TERRACE AVENUE
SUITE 201
HASBROUCK HGHTS NJ 076040000
ROBERTELLI SANDRA VS SOLOTOFF ERIC
DOCKET L 009660 21
DEAR SIR OR MADAM:
PURSUANT TO THE ORDER OF REFERRAL TO MEDIATION (COPY ATTACHED), YOU HAVE BEEN
DESIGNATED AS A MEDIATOR IN THE ABOVE CAPTIONED CASE IN THE EVENT THAT THE PARTIES
DO NOT SELECT ANOTHER MEDIATOR OF THEIR CHOICE WITHIN 14 DAYS. IF THE LEAD
PLAINTIFF IN THE ABOVE MATTER HAS NOT CONTACTED YOU WITHIN 18 DAYS OF THE ENTRY OF
THE ORDER, YOU WILL SERVE AS THE MEDIATOR IN THE ABOVE MATTER. IF THERE IS A
CONFLICT, PLEASE NOTIFY OGECHI OKUBANJO AT (973) 776-9300 IMMEDIATELY.
PLEASE NOTE THAT PURSUANT TO THE ATTACHED ORDER, YOU SHALL HOLD A TELEPHONIC
CONFERENCE WITH COUNSEL WITHIN 35 DAYS OF THE DATE OF THE ENCLOSED ORDER AND ON
5 DAY'S ADVANCE NOTICE TO THE PARTIES. IN ACCORDANCE WITH APPENDIX XXVI OF THE
RULES OF COURT, AT THE BEGINNING OF THE INITIAL IN-PERSON MEDIATION SESSION, YOU
SHALL DISCLOSE TO THE PARTIES IN WRITING ON A FORM PRESCRIBED BY THE ADMINISTRATIVE
DIRECTOR OF THE COURTS THE SPECIFIC TIME AT WHICH THE FREE MEDIATION WILL CONCLUDE.
THE WRITTEN DISCLOSURE SHALL ADVISE THE PARTIES THAT ANY MEDIATION CONTINUED
BEYOND THAT TIME WILL BE BILLED BY YOU AT YOUR MARKET RATE AS SET FORTH ON THE
COURT'S MEDIATOR ROSTER. THE WRITING SHALL ALSO DISCLOSE THE AMOUNT OF
PREPARATION TIME YOU HAVE SPENT TO THAT POINT ON THE CASE. IF THE AMOUNT OF
PREPARATION TIME BY YOU EXCEEDS ONE HOUR AND IF YOU INTEND TO CHARGE THE PARTIES
FOR THAT ADDITIONAL PREPARATION TIME BEYOND THE ONE FREE HOUR IN ACCORDANCE WITH
GUIDELINE 15 SHOULD THEY AGREE TO CONTINUE WITH MEDIATION ON A PAYING BASIS, THEN
IN THAT WRITTEN DISCLOSURE YOU MUST SO ADVISE THE PARTIES PRIOR TO COMMENCING
THE INITIAL MEDIATION SESSION. ANY SUCH CHARGED ADDITIONAL PREPARATION TIME WILL
BE BILLED BY YOU AT YOUR MARKET RATE AS SET FORTH ON THE COURT'S MEDIATOR ROSTER.
THE FORM OF THE DISCLOSURE IS FOUND AT NJCOURTS.GOV UNDER CIVIL MEDIATION
RESOURCES. PLEASE NOTIFY OGECHI OKUBANJO IMMEDIATELY UPON THE SETTLEMENT
OR UPON UNSUCCESSFUL COMPLETION OF THE MEDIATION OF THIS CASE AND SUBMIT A
COMPLETION OF MEDIATION FORM. THE FORM MAY ALSO BE FOUND AT NJCOURTS.GOV
UNDER CIVIL MEDIATION RESOURCES.
IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CALL THE COMPLEMENTARY DISPUTE RESOLUTION
(CDR) POINT PERSON IN YOUR VICINAGE. A DIRECTORY CAN BE FOUND AT NJCOURTS.GOV, CIVIL MEDIATION
RESOURCES. THANK YOU FOR YOUR WILLINGNESS TO SERVE IN THIS VERY IMPORTANT PROGRAM.
VERY TRULY YOURS,
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 2 of 5 Trans ID: LCV20224139469
CIVIL PRESIDING JUDGE
ENC.
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 3 of 5 Trans ID: LCV20224139469
ESX
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, CIVIL PART
ESSEX COUNTY - CIVIL DIVISION
DOCKET NO.L 009660 21
ROBERTELLI SANDRA VS SOLOTOFF ERIC
CIVIL ACTION
MEDIATION REFERRAL ORDER
(NO STAY OF DISCOVERY)
PURSUANT TO R. 1:40-1 ET SEQ., IT IS ON THIS FIFTH DAY OF
DECEMBER 2022, ORDERED THAT:
1. THE PARTIES AND ATTORNEYS SHALL PARTICIPATE IN MEDIATION IN GOOD FAITH AND
WITH A SENSE OF URGENCY. FAILURE TO DO SO MAY RESULT IN AN ASSESSMENT OF
COSTS OR OTHER CONSEQUENCES.
REGARDING THE MEDIATOR SELECTION
2A. PARTIES MAY SELECT A MEDIATOR WITHIN 14 DAYS. IF THE PARTIES DESIGNATE A
"PARTY SELECTED MEDIATOR" WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER, LEAD
PLAINTIFF'S COUNSEL SHALL PROVIDE TO THE CDR POINT PERSON AND THE INDIVIDUAL
NAMED IN PARAGRAPH 2B BELOW, IN WRITING, THE NAME, ADDRESS, TELEPHONE AND
E-MAIL ADDRESS OF THE SELECTED MEDIATOR.
NAMES AND ADDRESSES OF THE CDR POINT PERSON MAY BE FOUND AT NJCOURTS.GOV
UNDER CIVIL MEDIATION RESOURCES.
2B. MARC W. GARBAR (201) 483-9333 IS APPOINTED TO MEDIATE IF
PARTIES DO NOT TIMELY DESIGNATE A PARTY SELECTED MEDIATOR. INFORMATION
REGARDING THE APPOINTED MEDIATOR MAY BE OBTAINED AT NJCOURTS.GOV, CIVIL
MEDIATION RESOURCES, UNDER CIVIL MEDIATOR SEARCH.
REGARDING THE MEDIATION PROCESS
3A. THE MEDIATOR SHALL NOTIFY COUNSEL OF THE DATE AND TIME FOR AN ORGANIZATIONAL
CONFERENCE CALL TO BE CONDUCTED WITHIN 35 DAYS OF THIS ORDER. THE MEDIATOR
SHALL EXPLAIN THE MEDIATION PROCESS, SET GROUND RULES, FACILITATE FOCUSED
INFORMATION EXCHANGE, AND IDENTIFY THOSE PERSONS WITH NEGOTIATING AUTHORITY
NEEDED BY EACH SIDE TO PARTICIPATE IN THE MEDIATION PROCESS IN ORDER TO
ASSIST IN EFFECTUATING A RESOLUTION OF THE CASE. IN CONSULTATION WITH
COUNSEL, THE MEDIATOR SHALL SCHEDULE THE MEDIATION SESSION AND MAY REQUIRE
THE ATTENDANCE OF THE PERSON(S) WITH AUTHORITY.
3B. FAILURE TO PARTICIPATE IN THE CONFERENCE CALL OR ATTEND THE FIRST MEDIATION
SESSION MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES PURSUANT
TO R. 1:2-4(A).
3C. ANY PARTY MAY WITHDRAW FROM THE MEDIATION PROCESS AFTER THE EXPIRATION OF
THE INITIAL ONE-HOUR IN-PERSON MEDIATION SESSION. WITHDRAWAL OF ONE OR MORE
PARTIES FROM THE MEDIATION SHALL NOT PREVENT THE REMAINING PARTIES FROM
CONTINUING WITH MEDIATION.
3D. LEAD PLAINTIFF'S COUNSEL SHALL BE RESPONSIBLE FOR PROVIDING THE MEDIATOR
WITH AN UPDATED PARTY/COUNSEL LIST.
3E. THIS REFERRAL TO MEDIATION DOES NOT STAY DISCOVERY. MEDIATION UNDER THIS
ORDER SHALL BE COMPLETED BY THE DISCOVERY END DATE.
REGARDING MEDIATOR COMPENSATION
4. COMPENSATION OF PARTY-SELECTED OR COURT-DESIGNATED MEDIATORS SHALL BE
HANDLED IN ACCORDANCE WITH THE "GUIDELINES FOR THE COMPENSATION OF
MEDIATORS" CONTAINED IN APPENDIX XXVI OF THE RULES OF COURT. MEDIATORS ON
THE ROSTER, WHETHER PARTY-SELECTED OR COURT-DESIGNATED, SHALL SERVE WITHOUT
COMPENSATION FOR THE FIRST TWO HOURS, WHICH SHALL INCLUDE A MANDATORY
ORGANIZATIONAL TELEPHONE CONFERENCE WITH COUNSEL AND PRO SE PARTIES AND AN
IN-PERSON MEDIATION SESSION OF AT LEAST ONE HOUR. THE PARTIES MAY SELECT
ANY MEDIATOR NOT ON THE ROSTER OF MEDIATORS AND SUCH NON-ROSTER MEDIATOR MAY
NEGOTIATE A FEE WITH THE PARTIES, BUT IS BOUND BY ALL OTHER TERMS AND
CONDITIONS OF THIS ORDER AND THE COURT'S MEDIATION PROCEDURES.
5. ANY INQUIRY REGARDING THE MEDIATION PROCESS OR THIS ORDER SHALL BE RESOLVED
BY THE VICINAGE'S COMPLEMENTARY DISPUTE RESOLUTION (CDR) POINT PERSON.
______________________ J.S.C.
C: COURT DESIGNATED MEDIATOR
ALL PARTIES OR COUNSEL
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 4 of 5 Trans ID: LCV20224139469
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 5 of 5 Trans ID: LCV20224139469
ESX
COUNSEL & PARTY LIST
ROBERTELLI SANDRA VS SOLOTOFF ERIC
(L 009660 21)
_______________________________________________________________
MARC W. GARBAR
BERTONE PICCINI LLP
777 TERRACE AVENUE,
HASBROUCK HGHTS NJ 076040000
(201) 483-9333
PARTY NAME ATTORNEY ADDRESS/TELEPHONE #
________________________________________________________________________________
SANDRA ROBERTELLI (PF) ALBERICO G. DE PIERRO
DE PIERRO RADDING, LLC 000000000
-
ERIC SOLOTOFF (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
ERIC SOLOTOFF (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
FOX ROTHCHILD (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
FOX ROTHCHILD (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
ABC CORPORATION 1-10(DF) NO ATTORNEY
NJ 000000000
XYZ LLC 1-10 (DF) NO ATTORNEY
NJ 000000000
JOHN DOE 1-10 (DF) NO ATTORNEY
NJ 000000000
JANE DOES 1-10 (DF) NO ATTORNEY
NJ 000000000
DOE PARTNERSHIP 1-10(DF) NO ATTORNEY
NJ 000000000
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 1 of 5 Trans ID: LCV20224139469
ESX
ESSEX COUNTY - CIVIL DIVISION
SUPERIOR COURT OF NJ
465 MARTIN LUTHER KING JR BLVD
NEWARK NJ 07102
DATE DECEMBER 05, 2022
ALBERICO G. DE PIERRO
DE PIERRO RADDING, LLC
00000
ROBERTELLI SANDRA VS SOLOTOFF ERIC
DOCKET L 009660 21
DEAR SIR OR MADAM:
ENCLOSED IS AN ORDER OF REFERRAL TO MEDIATION. PLEASE READ THE TERMS OF THE
ORDER CAREFULLY. COMPLIANCE IS REQUIRED. IN ACCORDANCE WITH THE ORDER, YOU MAY
DESIGNATE THE MEDIATOR OF YOUR CHOICE WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER.
IN THE EVENT YOU DO NOT NOTIFY THE COURT WITHIN 14 DAYS OF THE ENTRY OF THE ORDER
OF YOUR SELECTED MEDIATOR, THE MEDIATOR DESIGNATED BY THE COURT IN PARAGRAPH 2B
WILL SERVE. THE CASE MAY BE REMOVED FROM MEDIATION ONLY UPON GOOD CAUSE SHOWN
ON NOTICE OF MOTION.
THIS PROGRAM IS IN DIRECT RESPONSE TO PUBLIC CONCERNS THAT LITIGATION IS TOO
OFTEN AN EXTREMELY COSTLY AND PROTRACTED MEANS TO RESOLVE DISPUTES. ALTHOUGH
MOST CASES SETTLE, IT IS ONLY AFTER THE EXPENDITURE OF SUBSTANTIAL FEES AND AFTER
LONG DELAYS. ALL INDICATIONS ARE THAT EARLY MEDIATION - A PROCESS THAT BRINGS
PARTIES TOGETHER IN SEARCH OF A MUTUALLY BENEFICIAL RESOLUTION, AIDED BY A
TRAINED, NEUTRAL FACILITATOR - CAN RESOLVE MOST CASES QUICKLY, FAIRLY, AND AT
REDUCED COSTS, PRODUCING CLIENT SATISFACTION. PLEASE NOTE THAT THE SERVICES OF
A MEDIATOR ON THE COURT'S CIVIL MEDIATOR ROSTER ARE AT NO COST TO THE LITIGANTS
FOR THE FIRST TWO HOURS, AFTER WHICH THE PROCESS MAY BE TERMINATED BY EITHER
PARTY AT WILL. A LIST OF MEDIATORS ON THE CIVIL MEDIATOR ROSTER IS FOUND AT
NJCOURTS.GOV, UNDER CIVIL MEDIATION RESOURCES
THE MEDIATOR IS AUTHORIZED TO ALLOW FOR A LIMITED AMOUNT OF INFORMAL
DISCOVERY ON AN EXPEDITED BASIS IF THAT DISCOVERY WILL ENHANCE THE EFFECTIVENESS
OF THE MEDIATION PROCESS. PLEASE INFORM THE MEDIATOR PROMPTLY IF IN YOUR VIEW
SOME LIMITED DISCOVERY WILL BE AN ESSENTIAL PREREQUISITE TO MEDIATION.
IT IS THE RESPONSIBILITY OF THE LEAD PLAINTIFF 'S ATTORNEY TO PROVIDE THE
MEDIATOR WITH AN INITIAL COUNSEL LIST AND TO MAINTAIN THIS LIST, PROVIDING THE
MEDIATOR WITH ANY UPDATED INFORMATION. IF YOU CHOOSE A MEDIATOR WITHIN 14 DAYS
OF THE ENTRY OF THE REFERRAL ORDER, IT IS THE LEAD PLAINTIFF'S ATTORNEY'S
RESPONSIBILITY TO FORWARD A COPY OF THE REFERRAL ORDER TO THE PARTY SELECTED
MEDIATOR. IF YOU ARE AWARE OF ANY OTHER ATTORNEYS OR PRO SE PARTIES WHO SHOULD
BE PART OF THE MEDIATION PROCESS AND ADDED TO THE SERVICE LIST, PLEASE CONTACT
THE COURT IMMEDIATELY.
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 2 of 5 Trans ID: LCV20224139469
ENC.
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 3 of 5 Trans ID: LCV20224139469
ESX
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, CIVIL PART
ESSEX COUNTY - CIVIL DIVISION
DOCKET NO.L 009660 21
ROBERTELLI SANDRA VS SOLOTOFF ERIC
CIVIL ACTION
MEDIATION REFERRAL ORDER
(NO STAY OF DISCOVERY)
PURSUANT TO R. 1:40-1 ET SEQ., IT IS ON THIS FIFTH DAY OF
DECEMBER 2022, ORDERED THAT:
1. THE PARTIES AND ATTORNEYS SHALL PARTICIPATE IN MEDIATION IN GOOD FAITH AND
WITH A SENSE OF URGENCY. FAILURE TO DO SO MAY RESULT IN AN ASSESSMENT OF
COSTS OR OTHER CONSEQUENCES.
REGARDING THE MEDIATOR SELECTION
2A. PARTIES MAY SELECT A MEDIATOR WITHIN 14 DAYS. IF THE PARTIES DESIGNATE A
"PARTY SELECTED MEDIATOR" WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER, LEAD
PLAINTIFF'S COUNSEL SHALL PROVIDE TO THE CDR POINT PERSON AND THE INDIVIDUAL
NAMED IN PARAGRAPH 2B BELOW, IN WRITING, THE NAME, ADDRESS, TELEPHONE AND
E-MAIL ADDRESS OF THE SELECTED MEDIATOR.
NAMES AND ADDRESSES OF THE CDR POINT PERSON MAY BE FOUND AT NJCOURTS.GOV
UNDER CIVIL MEDIATION RESOURCES.
2B. MARC W. GARBAR (201) 483-9333 IS APPOINTED TO MEDIATE IF
PARTIES DO NOT TIMELY DESIGNATE A PARTY SELECTED MEDIATOR. INFORMATION
REGARDING THE APPOINTED MEDIATOR MAY BE OBTAINED AT NJCOURTS.GOV, CIVIL
MEDIATION RESOURCES, UNDER CIVIL MEDIATOR SEARCH.
REGARDING THE MEDIATION PROCESS
3A. THE MEDIATOR SHALL NOTIFY COUNSEL OF THE DATE AND TIME FOR AN ORGANIZATIONAL
CONFERENCE CALL TO BE CONDUCTED WITHIN 35 DAYS OF THIS ORDER. THE MEDIATOR
SHALL EXPLAIN THE MEDIATION PROCESS, SET GROUND RULES, FACILITATE FOCUSED
INFORMATION EXCHANGE, AND IDENTIFY THOSE PERSONS WITH NEGOTIATING AUTHORITY
NEEDED BY EACH SIDE TO PARTICIPATE IN THE MEDIATION PROCESS IN ORDER TO
ASSIST IN EFFECTUATING A RESOLUTION OF THE CASE. IN CONSULTATION WITH
COUNSEL, THE MEDIATOR SHALL SCHEDULE THE MEDIATION SESSION AND MAY REQUIRE
THE ATTENDANCE OF THE PERSON(S) WITH AUTHORITY.
3B. FAILURE TO PARTICIPATE IN THE CONFERENCE CALL OR ATTEND THE FIRST MEDIATION
SESSION MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES PURSUANT
TO R. 1:2-4(A).
3C. ANY PARTY MAY WITHDRAW FROM THE MEDIATION PROCESS AFTER THE EXPIRATION OF
THE INITIAL ONE-HOUR IN-PERSON MEDIATION SESSION. WITHDRAWAL OF ONE OR MORE
PARTIES FROM THE MEDIATION SHALL NOT PREVENT THE REMAINING PARTIES FROM
CONTINUING WITH MEDIATION.
3D. LEAD PLAINTIFF'S COUNSEL SHALL BE RESPONSIBLE FOR PROVIDING THE MEDIATOR
WITH AN UPDATED PARTY/COUNSEL LIST.
3E. THIS REFERRAL TO MEDIATION DOES NOT STAY DISCOVERY. MEDIATION UNDER THIS
ORDER SHALL BE COMPLETED BY THE DISCOVERY END DATE.
REGARDING MEDIATOR COMPENSATION
4. COMPENSATION OF PARTY-SELECTED OR COURT-DESIGNATED MEDIATORS SHALL BE
HANDLED IN ACCORDANCE WITH THE "GUIDELINES FOR THE COMPENSATION OF
MEDIATORS" CONTAINED IN APPENDIX XXVI OF THE RULES OF COURT. MEDIATORS ON
THE ROSTER, WHETHER PARTY-SELECTED OR COURT-DESIGNATED, SHALL SERVE WITHOUT
COMPENSATION FOR THE FIRST TWO HOURS, WHICH SHALL INCLUDE A MANDATORY
ORGANIZATIONAL TELEPHONE CONFERENCE WITH COUNSEL AND PRO SE PARTIES AND AN
IN-PERSON MEDIATION SESSION OF AT LEAST ONE HOUR. THE PARTIES MAY SELECT
ANY MEDIATOR NOT ON THE ROSTER OF MEDIATORS AND SUCH NON-ROSTER MEDIATOR MAY
NEGOTIATE A FEE WITH THE PARTIES, BUT IS BOUND BY ALL OTHER TERMS AND
CONDITIONS OF THIS ORDER AND THE COURT'S MEDIATION PROCEDURES.
5. ANY INQUIRY REGARDING THE MEDIATION PROCESS OR THIS ORDER SHALL BE RESOLVED
BY THE VICINAGE'S COMPLEMENTARY DISPUTE RESOLUTION (CDR) POINT PERSON.
______________________ J.S.C.
C: COURT DESIGNATED MEDIATOR
ALL PARTIES OR COUNSEL
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 4 of 5 Trans ID: LCV20224139469
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 5 of 5 Trans ID: LCV20224139469
ESX
COUNSEL & PARTY LIST
ROBERTELLI SANDRA VS SOLOTOFF ERIC
(L 009660 21)
_______________________________________________________________
MARC W. GARBAR
BERTONE PICCINI LLP
777 TERRACE AVENUE,
HASBROUCK HGHTS NJ 076040000
(201) 483-9333
PARTY NAME ATTORNEY ADDRESS/TELEPHONE #
________________________________________________________________________________
SANDRA ROBERTELLI (PF) ALBERICO G. DE PIERRO
DE PIERRO RADDING, LLC 000000000
-
ERIC SOLOTOFF (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
ERIC SOLOTOFF (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
FOX ROTHCHILD (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
FOX ROTHCHILD (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
ABC CORPORATION 1-10(DF) NO ATTORNEY
NJ 000000000
XYZ LLC 1-10 (DF) NO ATTORNEY
NJ 000000000
JOHN DOE 1-10 (DF) NO ATTORNEY
NJ 000000000
JANE DOES 1-10 (DF) NO ATTORNEY
NJ 000000000
DOE PARTNERSHIP 1-10(DF) NO ATTORNEY
NJ 000000000
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 1 of 5 Trans ID: LCV20224139469
ESX
ESSEX COUNTY - CIVIL DIVISION
SUPERIOR COURT OF NJ
465 MARTIN LUTHER KING JR BLVD
NEWARK NJ 07102
DATE DECEMBER 05, 2022
BRIAN J. MOLLOY
WILENTZ GOLDMAN & SPITZER
90 WOODBRIDGE CENTER DR STE 900
PO BOX 10
WOODBRIDGE NJ 07095-0958
ROBERTELLI SANDRA VS SOLOTOFF ERIC
DOCKET L 009660 21
DEAR SIR OR MADAM:
ENCLOSED IS AN ORDER OF REFERRAL TO MEDIATION. PLEASE READ THE TERMS OF THE
ORDER CAREFULLY. COMPLIANCE IS REQUIRED. IN ACCORDANCE WITH THE ORDER, YOU MAY
DESIGNATE THE MEDIATOR OF YOUR CHOICE WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER.
IN THE EVENT YOU DO NOT NOTIFY THE COURT WITHIN 14 DAYS OF THE ENTRY OF THE ORDER
OF YOUR SELECTED MEDIATOR, THE MEDIATOR DESIGNATED BY THE COURT IN PARAGRAPH 2B
WILL SERVE. THE CASE MAY BE REMOVED FROM MEDIATION ONLY UPON GOOD CAUSE SHOWN
ON NOTICE OF MOTION.
THIS PROGRAM IS IN DIRECT RESPONSE TO PUBLIC CONCERNS THAT LITIGATION IS TOO
OFTEN AN EXTREMELY COSTLY AND PROTRACTED MEANS TO RESOLVE DISPUTES. ALTHOUGH
MOST CASES SETTLE, IT IS ONLY AFTER THE EXPENDITURE OF SUBSTANTIAL FEES AND AFTER
LONG DELAYS. ALL INDICATIONS ARE THAT EARLY MEDIATION - A PROCESS THAT BRINGS
PARTIES TOGETHER IN SEARCH OF A MUTUALLY BENEFICIAL RESOLUTION, AIDED BY A
TRAINED, NEUTRAL FACILITATOR - CAN RESOLVE MOST CASES QUICKLY, FAIRLY, AND AT
REDUCED COSTS, PRODUCING CLIENT SATISFACTION. PLEASE NOTE THAT THE SERVICES OF
A MEDIATOR ON THE COURT'S CIVIL MEDIATOR ROSTER ARE AT NO COST TO THE LITIGANTS
FOR THE FIRST TWO HOURS, AFTER WHICH THE PROCESS MAY BE TERMINATED BY EITHER
PARTY AT WILL. A LIST OF MEDIATORS ON THE CIVIL MEDIATOR ROSTER IS FOUND AT
NJCOURTS.GOV, UNDER CIVIL MEDIATION RESOURCES
THE MEDIATOR IS AUTHORIZED TO ALLOW FOR A LIMITED AMOUNT OF INFORMAL
DISCOVERY ON AN EXPEDITED BASIS IF THAT DISCOVERY WILL ENHANCE THE EFFECTIVENESS
OF THE MEDIATION PROCESS. PLEASE INFORM THE MEDIATOR PROMPTLY IF IN YOUR VIEW
SOME LIMITED DISCOVERY WILL BE AN ESSENTIAL PREREQUISITE TO MEDIATION.
IT IS THE RESPONSIBILITY OF THE LEAD PLAINTIFF 'S ATTORNEY TO PROVIDE THE
MEDIATOR WITH AN INITIAL COUNSEL LIST AND TO MAINTAIN THIS LIST, PROVIDING THE
MEDIATOR WITH ANY UPDATED INFORMATION. IF YOU CHOOSE A MEDIATOR WITHIN 14 DAYS
OF THE ENTRY OF THE REFERRAL ORDER, IT IS THE LEAD PLAINTIFF'S ATTORNEY'S
RESPONSIBILITY TO FORWARD A COPY OF THE REFERRAL ORDER TO THE PARTY SELECTED
MEDIATOR. IF YOU ARE AWARE OF ANY OTHER ATTORNEYS OR PRO SE PARTIES WHO SHOULD
BE PART OF THE MEDIATION PROCESS AND ADDED TO THE SERVICE LIST, PLEASE CONTACT
THE COURT IMMEDIATELY.
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 2 of 5 Trans ID: LCV20224139469
ENC.
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 3 of 5 Trans ID: LCV20224139469
ESX
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, CIVIL PART
ESSEX COUNTY - CIVIL DIVISION
DOCKET NO.L 009660 21
ROBERTELLI SANDRA VS SOLOTOFF ERIC
CIVIL ACTION
MEDIATION REFERRAL ORDER
(NO STAY OF DISCOVERY)
PURSUANT TO R. 1:40-1 ET SEQ., IT IS ON THIS FIFTH DAY OF
DECEMBER 2022, ORDERED THAT:
1. THE PARTIES AND ATTORNEYS SHALL PARTICIPATE IN MEDIATION IN GOOD FAITH AND
WITH A SENSE OF URGENCY. FAILURE TO DO SO MAY RESULT IN AN ASSESSMENT OF
COSTS OR OTHER CONSEQUENCES.
REGARDING THE MEDIATOR SELECTION
2A. PARTIES MAY SELECT A MEDIATOR WITHIN 14 DAYS. IF THE PARTIES DESIGNATE A
"PARTY SELECTED MEDIATOR" WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER, LEAD
PLAINTIFF'S COUNSEL SHALL PROVIDE TO THE CDR POINT PERSON AND THE INDIVIDUAL
NAMED IN PARAGRAPH 2B BELOW, IN WRITING, THE NAME, ADDRESS, TELEPHONE AND
E-MAIL ADDRESS OF THE SELECTED MEDIATOR.
NAMES AND ADDRESSES OF THE CDR POINT PERSON MAY BE FOUND AT NJCOURTS.GOV
UNDER CIVIL MEDIATION RESOURCES.
2B. MARC W. GARBAR (201) 483-9333 IS APPOINTED TO MEDIATE IF
PARTIES DO NOT TIMELY DESIGNATE A PARTY SELECTED MEDIATOR. INFORMATION
REGARDING THE APPOINTED MEDIATOR MAY BE OBTAINED AT NJCOURTS.GOV, CIVIL
MEDIATION RESOURCES, UNDER CIVIL MEDIATOR SEARCH.
REGARDING THE MEDIATION PROCESS
3A. THE MEDIATOR SHALL NOTIFY COUNSEL OF THE DATE AND TIME FOR AN ORGANIZATIONAL
CONFERENCE CALL TO BE CONDUCTED WITHIN 35 DAYS OF THIS ORDER. THE MEDIATOR
SHALL EXPLAIN THE MEDIATION PROCESS, SET GROUND RULES, FACILITATE FOCUSED
INFORMATION EXCHANGE, AND IDENTIFY THOSE PERSONS WITH NEGOTIATING AUTHORITY
NEEDED BY EACH SIDE TO PARTICIPATE IN THE MEDIATION PROCESS IN ORDER TO
ASSIST IN EFFECTUATING A RESOLUTION OF THE CASE. IN CONSULTATION WITH
COUNSEL, THE MEDIATOR SHALL SCHEDULE THE MEDIATION SESSION AND MAY REQUIRE
THE ATTENDANCE OF THE PERSON(S) WITH AUTHORITY.
3B. FAILURE TO PARTICIPATE IN THE CONFERENCE CALL OR ATTEND THE FIRST MEDIATION
SESSION MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES PURSUANT
TO R. 1:2-4(A).
3C. ANY PARTY MAY WITHDRAW FROM THE MEDIATION PROCESS AFTER THE EXPIRATION OF
THE INITIAL ONE-HOUR IN-PERSON MEDIATION SESSION. WITHDRAWAL OF ONE OR MORE
PARTIES FROM THE MEDIATION SHALL NOT PREVENT THE REMAINING PARTIES FROM
CONTINUING WITH MEDIATION.
3D. LEAD PLAINTIFF'S COUNSEL SHALL BE RESPONSIBLE FOR PROVIDING THE MEDIATOR
WITH AN UPDATED PARTY/COUNSEL LIST.
3E. THIS REFERRAL TO MEDIATION DOES NOT STAY DISCOVERY. MEDIATION UNDER THIS
ORDER SHALL BE COMPLETED BY THE DISCOVERY END DATE.
REGARDING MEDIATOR COMPENSATION
4. COMPENSATION OF PARTY-SELECTED OR COURT-DESIGNATED MEDIATORS SHALL BE
HANDLED IN ACCORDANCE WITH THE "GUIDELINES FOR THE COMPENSATION OF
MEDIATORS" CONTAINED IN APPENDIX XXVI OF THE RULES OF COURT. MEDIATORS ON
THE ROSTER, WHETHER PARTY-SELECTED OR COURT-DESIGNATED, SHALL SERVE WITHOUT
COMPENSATION FOR THE FIRST TWO HOURS, WHICH SHALL INCLUDE A MANDATORY
ORGANIZATIONAL TELEPHONE CONFERENCE WITH COUNSEL AND PRO SE PARTIES AND AN
IN-PERSON MEDIATION SESSION OF AT LEAST ONE HOUR. THE PARTIES MAY SELECT
ANY MEDIATOR NOT ON THE ROSTER OF MEDIATORS AND SUCH NON-ROSTER MEDIATOR MAY
NEGOTIATE A FEE WITH THE PARTIES, BUT IS BOUND BY ALL OTHER TERMS AND
CONDITIONS OF THIS ORDER AND THE COURT'S MEDIATION PROCEDURES.
5. ANY INQUIRY REGARDING THE MEDIATION PROCESS OR THIS ORDER SHALL BE RESOLVED
BY THE VICINAGE'S COMPLEMENTARY DISPUTE RESOLUTION (CDR) POINT PERSON.
______________________ J.S.C.
C: COURT DESIGNATED MEDIATOR
ALL PARTIES OR COUNSEL
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 4 of 5 Trans ID: LCV20224139469
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 5 of 5 Trans ID: LCV20224139469
ESX
COUNSEL & PARTY LIST
ROBERTELLI SANDRA VS SOLOTOFF ERIC
(L 009660 21)
_______________________________________________________________
MARC W. GARBAR
BERTONE PICCINI LLP
777 TERRACE AVENUE,
HASBROUCK HGHTS NJ 076040000
(201) 483-9333
PARTY NAME ATTORNEY ADDRESS/TELEPHONE #
________________________________________________________________________________
SANDRA ROBERTELLI (PF) ALBERICO G. DE PIERRO
DE PIERRO RADDING, LLC 000000000
-
ERIC SOLOTOFF (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
ERIC SOLOTOFF (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
FOX ROTHCHILD (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
FOX ROTHCHILD (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
ABC CORPORATION 1-10(DF) NO ATTORNEY
NJ 000000000
XYZ LLC 1-10 (DF) NO ATTORNEY
NJ 000000000
JOHN DOE 1-10 (DF) NO ATTORNEY
NJ 000000000
JANE DOES 1-10 (DF) NO ATTORNEY
NJ 000000000
DOE PARTNERSHIP 1-10(DF) NO ATTORNEY
NJ 000000000
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 1 of 5 Trans ID: LCV20224139469
ESX
ESSEX COUNTY - CIVIL DIVISION
SUPERIOR COURT OF NJ
465 MARTIN LUTHER KING JR BLVD
NEWARK NJ 07102
DATE DECEMBER 05, 2022
DANIEL J. KLUSKA
WILENTZ GOLDMAN & SPITZER
90 WOODBRIDGE CENTER DR STE 900
PO BOX 10
WOODBRIDGE NJ 07095-0958
ROBERTELLI SANDRA VS SOLOTOFF ERIC
DOCKET L 009660 21
DEAR SIR OR MADAM:
ENCLOSED IS AN ORDER OF REFERRAL TO MEDIATION. PLEASE READ THE TERMS OF THE
ORDER CAREFULLY. COMPLIANCE IS REQUIRED. IN ACCORDANCE WITH THE ORDER, YOU MAY
DESIGNATE THE MEDIATOR OF YOUR CHOICE WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER.
IN THE EVENT YOU DO NOT NOTIFY THE COURT WITHIN 14 DAYS OF THE ENTRY OF THE ORDER
OF YOUR SELECTED MEDIATOR, THE MEDIATOR DESIGNATED BY THE COURT IN PARAGRAPH 2B
WILL SERVE. THE CASE MAY BE REMOVED FROM MEDIATION ONLY UPON GOOD CAUSE SHOWN
ON NOTICE OF MOTION.
THIS PROGRAM IS IN DIRECT RESPONSE TO PUBLIC CONCERNS THAT LITIGATION IS TOO
OFTEN AN EXTREMELY COSTLY AND PROTRACTED MEANS TO RESOLVE DISPUTES. ALTHOUGH
MOST CASES SETTLE, IT IS ONLY AFTER THE EXPENDITURE OF SUBSTANTIAL FEES AND AFTER
LONG DELAYS. ALL INDICATIONS ARE THAT EARLY MEDIATION - A PROCESS THAT BRINGS
PARTIES TOGETHER IN SEARCH OF A MUTUALLY BENEFICIAL RESOLUTION, AIDED BY A
TRAINED, NEUTRAL FACILITATOR - CAN RESOLVE MOST CASES QUICKLY, FAIRLY, AND AT
REDUCED COSTS, PRODUCING CLIENT SATISFACTION. PLEASE NOTE THAT THE SERVICES OF
A MEDIATOR ON THE COURT'S CIVIL MEDIATOR ROSTER ARE AT NO COST TO THE LITIGANTS
FOR THE FIRST TWO HOURS, AFTER WHICH THE PROCESS MAY BE TERMINATED BY EITHER
PARTY AT WILL. A LIST OF MEDIATORS ON THE CIVIL MEDIATOR ROSTER IS FOUND AT
NJCOURTS.GOV, UNDER CIVIL MEDIATION RESOURCES
THE MEDIATOR IS AUTHORIZED TO ALLOW FOR A LIMITED AMOUNT OF INFORMAL
DISCOVERY ON AN EXPEDITED BASIS IF THAT DISCOVERY WILL ENHANCE THE EFFECTIVENESS
OF THE MEDIATION PROCESS. PLEASE INFORM THE MEDIATOR PROMPTLY IF IN YOUR VIEW
SOME LIMITED DISCOVERY WILL BE AN ESSENTIAL PREREQUISITE TO MEDIATION.
IT IS THE RESPONSIBILITY OF THE LEAD PLAINTIFF 'S ATTORNEY TO PROVIDE THE
MEDIATOR WITH AN INITIAL COUNSEL LIST AND TO MAINTAIN THIS LIST, PROVIDING THE
MEDIATOR WITH ANY UPDATED INFORMATION. IF YOU CHOOSE A MEDIATOR WITHIN 14 DAYS
OF THE ENTRY OF THE REFERRAL ORDER, IT IS THE LEAD PLAINTIFF'S ATTORNEY'S
RESPONSIBILITY TO FORWARD A COPY OF THE REFERRAL ORDER TO THE PARTY SELECTED
MEDIATOR. IF YOU ARE AWARE OF ANY OTHER ATTORNEYS OR PRO SE PARTIES WHO SHOULD
BE PART OF THE MEDIATION PROCESS AND ADDED TO THE SERVICE LIST, PLEASE CONTACT
THE COURT IMMEDIATELY.
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 2 of 5 Trans ID: LCV20224139469
ENC.
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 3 of 5 Trans ID: LCV20224139469
ESX
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, CIVIL PART
ESSEX COUNTY - CIVIL DIVISION
DOCKET NO.L 009660 21
ROBERTELLI SANDRA VS SOLOTOFF ERIC
CIVIL ACTION
MEDIATION REFERRAL ORDER
(NO STAY OF DISCOVERY)
PURSUANT TO R. 1:40-1 ET SEQ., IT IS ON THIS FIFTH DAY OF
DECEMBER 2022, ORDERED THAT:
1. THE PARTIES AND ATTORNEYS SHALL PARTICIPATE IN MEDIATION IN GOOD FAITH AND
WITH A SENSE OF URGENCY. FAILURE TO DO SO MAY RESULT IN AN ASSESSMENT OF
COSTS OR OTHER CONSEQUENCES.
REGARDING THE MEDIATOR SELECTION
2A. PARTIES MAY SELECT A MEDIATOR WITHIN 14 DAYS. IF THE PARTIES DESIGNATE A
"PARTY SELECTED MEDIATOR" WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER, LEAD
PLAINTIFF'S COUNSEL SHALL PROVIDE TO THE CDR POINT PERSON AND THE INDIVIDUAL
NAMED IN PARAGRAPH 2B BELOW, IN WRITING, THE NAME, ADDRESS, TELEPHONE AND
E-MAIL ADDRESS OF THE SELECTED MEDIATOR.
NAMES AND ADDRESSES OF THE CDR POINT PERSON MAY BE FOUND AT NJCOURTS.GOV
UNDER CIVIL MEDIATION RESOURCES.
2B. MARC W. GARBAR (201) 483-9333 IS APPOINTED TO MEDIATE IF
PARTIES DO NOT TIMELY DESIGNATE A PARTY SELECTED MEDIATOR. INFORMATION
REGARDING THE APPOINTED MEDIATOR MAY BE OBTAINED AT NJCOURTS.GOV, CIVIL
MEDIATION RESOURCES, UNDER CIVIL MEDIATOR SEARCH.
REGARDING THE MEDIATION PROCESS
3A. THE MEDIATOR SHALL NOTIFY COUNSEL OF THE DATE AND TIME FOR AN ORGANIZATIONAL
CONFERENCE CALL TO BE CONDUCTED WITHIN 35 DAYS OF THIS ORDER. THE MEDIATOR
SHALL EXPLAIN THE MEDIATION PROCESS, SET GROUND RULES, FACILITATE FOCUSED
INFORMATION EXCHANGE, AND IDENTIFY THOSE PERSONS WITH NEGOTIATING AUTHORITY
NEEDED BY EACH SIDE TO PARTICIPATE IN THE MEDIATION PROCESS IN ORDER TO
ASSIST IN EFFECTUATING A RESOLUTION OF THE CASE. IN CONSULTATION WITH
COUNSEL, THE MEDIATOR SHALL SCHEDULE THE MEDIATION SESSION AND MAY REQUIRE
THE ATTENDANCE OF THE PERSON(S) WITH AUTHORITY.
3B. FAILURE TO PARTICIPATE IN THE CONFERENCE CALL OR ATTEND THE FIRST MEDIATION
SESSION MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES PURSUANT
TO R. 1:2-4(A).
3C. ANY PARTY MAY WITHDRAW FROM THE MEDIATION PROCESS AFTER THE EXPIRATION OF
THE INITIAL ONE-HOUR IN-PERSON MEDIATION SESSION. WITHDRAWAL OF ONE OR MORE
PARTIES FROM THE MEDIATION SHALL NOT PREVENT THE REMAINING PARTIES FROM
CONTINUING WITH MEDIATION.
3D. LEAD PLAINTIFF'S COUNSEL SHALL BE RESPONSIBLE FOR PROVIDING THE MEDIATOR
WITH AN UPDATED PARTY/COUNSEL LIST.
3E. THIS REFERRAL TO MEDIATION DOES NOT STAY DISCOVERY. MEDIATION UNDER THIS
ORDER SHALL BE COMPLETED BY THE DISCOVERY END DATE.
REGARDING MEDIATOR COMPENSATION
4. COMPENSATION OF PARTY-SELECTED OR COURT-DESIGNATED MEDIATORS SHALL BE
HANDLED IN ACCORDANCE WITH THE "GUIDELINES FOR THE COMPENSATION OF
MEDIATORS" CONTAINED IN APPENDIX XXVI OF THE RULES OF COURT. MEDIATORS ON
THE ROSTER, WHETHER PARTY-SELECTED OR COURT-DESIGNATED, SHALL SERVE WITHOUT
COMPENSATION FOR THE FIRST TWO HOURS, WHICH SHALL INCLUDE A MANDATORY
ORGANIZATIONAL TELEPHONE CONFERENCE WITH COUNSEL AND PRO SE PARTIES AND AN
IN-PERSON MEDIATION SESSION OF AT LEAST ONE HOUR. THE PARTIES MAY SELECT
ANY MEDIATOR NOT ON THE ROSTER OF MEDIATORS AND SUCH NON-ROSTER MEDIATOR MAY
NEGOTIATE A FEE WITH THE PARTIES, BUT IS BOUND BY ALL OTHER TERMS AND
CONDITIONS OF THIS ORDER AND THE COURT'S MEDIATION PROCEDURES.
5. ANY INQUIRY REGARDING THE MEDIATION PROCESS OR THIS ORDER SHALL BE RESOLVED
BY THE VICINAGE'S COMPLEMENTARY DISPUTE RESOLUTION (CDR) POINT PERSON.
______________________ J.S.C.
C: COURT DESIGNATED MEDIATOR
ALL PARTIES OR COUNSEL
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 4 of 5 Trans ID: LCV20224139469
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 5 of 5 Trans ID: LCV20224139469
ESX
COUNSEL & PARTY LIST
ROBERTELLI SANDRA VS SOLOTOFF ERIC
(L 009660 21)
_______________________________________________________________
MARC W. GARBAR
BERTONE PICCINI LLP
777 TERRACE AVENUE,
HASBROUCK HGHTS NJ 076040000
(201) 483-9333
PARTY NAME ATTORNEY ADDRESS/TELEPHONE #
________________________________________________________________________________
SANDRA ROBERTELLI (PF) ALBERICO G. DE PIERRO
DE PIERRO RADDING, LLC 000000000
-
ERIC SOLOTOFF (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
ERIC SOLOTOFF (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
FOX ROTHCHILD (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
FOX ROTHCHILD (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900
WILENTZ GOLDMAN & SPITZER PO BOX 10
WOODBRIDGE NJ 070950958
(732) 636-8000
ABC CORPORATION 1-10(DF) NO ATTORNEY
NJ 000000000
XYZ LLC 1-10 (DF) NO ATTORNEY
NJ 000000000
JOHN DOE 1-10 (DF) NO ATTORNEY
NJ 000000000
JANE DOES 1-10 (DF) NO ATTORNEY
NJ 000000000
DOE PARTNERSHIP 1-10(DF) NO ATTORNEY
NJ 000000000
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 1 of 2 Trans ID: LCV20224139469
ESX
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, CIVIL PART
ESSEX COUNTY - CIVIL DIVISION
DOCKET NO.L 009660 21
ROBERTELLI SANDRA VS SOLOTOFF ERIC
CIVIL ACTION
MEDIATION REFERRAL ORDER
(NO STAY OF DISCOVERY)
PURSUANT TO R. 1:40-1 ET SEQ., IT IS ON THIS FIFTH DAY OF
DECEMBER 2022, ORDERED THAT:
1. THE PARTIES AND ATTORNEYS SHALL PARTICIPATE IN MEDIATION IN GOOD FAITH AND
WITH A SENSE OF URGENCY. FAILURE TO DO SO MAY RESULT IN AN ASSESSMENT OF
COSTS OR OTHER CONSEQUENCES.
REGARDING THE MEDIATOR SELECTION
2A. PARTIES MAY SELECT A MEDIATOR WITHIN 14 DAYS. IF THE PARTIES DESIGNATE A
"PARTY SELECTED MEDIATOR" WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER, LEAD
PLAINTIFF'S COUNSEL SHALL PROVIDE TO THE CDR POINT PERSON AND THE INDIVIDUAL
NAMED IN PARAGRAPH 2B BELOW, IN WRITING, THE NAME, ADDRESS, TELEPHONE AND
E-MAIL ADDRESS OF THE SELECTED MEDIATOR.
NAMES AND ADDRESSES OF THE CDR POINT PERSON MAY BE FOUND AT NJCOURTS.GOV
UNDER CIVIL MEDIATION RESOURCES.
2B. MARC W. GARBAR (201) 483-9333 IS APPOINTED TO MEDIATE IF
PARTIES DO NOT TIMELY DESIGNATE A PARTY SELECTED MEDIATOR. INFORMATION
REGARDING THE APPOINTED MEDIATOR MAY BE OBTAINED AT NJCOURTS.GOV, CIVIL
MEDIATION RESOURCES, UNDER CIVIL MEDIATOR SEARCH.
REGARDING THE MEDIATION PROCESS
3A. THE MEDIATOR SHALL NOTIFY COUNSEL OF THE DATE AND TIME FOR AN ORGANIZATIONAL
CONFERENCE CALL TO BE CONDUCTED WITHIN 35 DAYS OF THIS ORDER. THE MEDIATOR
SHALL EXPLAIN THE MEDIATION PROCESS, SET GROUND RULES, FACILITATE FOCUSED
INFORMATION EXCHANGE, AND IDENTIFY THOSE PERSONS WITH NEGOTIATING AUTHORITY
NEEDED BY EACH SIDE TO PARTICIPATE IN THE MEDIATION PROCESS IN ORDER TO
ASSIST IN EFFECTUATING A RESOLUTION OF THE CASE. IN CONSULTATION WITH
COUNSEL, THE MEDIATOR SHALL SCHEDULE THE MEDIATION SESSION AND MAY REQUIRE
THE ATTENDANCE OF THE PERSON(S) WITH AUTHORITY.
3B. FAILURE TO PARTICIPATE IN THE CONFERENCE CALL OR ATTEND THE FIRST MEDIATION
SESSION MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES PURSUANT
TO R. 1:2-4(A).
3C. ANY PARTY MAY WITHDRAW FROM THE MEDIATION PROCESS AFTER THE EXPIRATION OF
THE INITIAL ONE-HOUR IN-PERSON MEDIATION SESSION. WITHDRAWAL OF ONE OR MORE
PARTIES FROM THE MEDIATION SHALL NOT PREVENT THE REMAINING PARTIES FROM
CONTINUING WITH MEDIATION.
3D. LEAD PLAINTIFF'S COUNSEL SHALL BE RESPONSIBLE FOR PROVIDING THE MEDIATOR
WITH AN UPDATED PARTY/COUNSEL LIST.
3E. THIS REFERRAL TO MEDIATION DOES NOT STAY DISCOVERY. MEDIATION UNDER THIS
ORDER SHALL BE COMPLETED BY THE DISCOVERY END DATE.
REGARDING MEDIATOR COMPENSATION
4. COMPENSATION OF PARTY-SELECTED OR COURT-DESIGNATED MEDIATORS SHALL BE
HANDLED IN ACCORDANCE WITH THE "GUIDELINES FOR THE COMPENSATION OF
MEDIATORS" CONTAINED IN APPENDIX XXVI OF THE RULES OF COURT. MEDIATORS ON
THE ROSTER, WHETHER PARTY-SELECTED OR COURT-DESIGNATED, SHALL SERVE WITHOUT
COMPENSATION FOR THE FIRST TWO HOURS, WHICH SHALL INCLUDE A MANDATORY
ORGANIZATIONAL TELEPHONE CONFERENCE WITH COUNSEL AND PRO SE PARTIES AND AN
IN-PERSON MEDIATION SESSION OF AT LEAST ONE HOUR. THE PARTIES MAY SELECT
ANY MEDIATOR NOT ON THE ROSTER OF MEDIATORS AND SUCH NON-ROSTER MEDIATOR MAY
NEGOTIATE A FEE WITH THE PARTIES, BUT IS BOUND BY ALL OTHER TERMS AND
CONDITIONS OF THIS ORDER AND THE COURT'S MEDIATION PROCEDURES.
5. ANY INQUIRY REGARDING THE MEDIATION PROCESS OR THIS ORDER SHALL BE RESOLVED
BY THE VICINAGE'S COMPLEMENTARY DISPUTE RESOLUTION (CDR) POINT PERSON.
______________________ J.S.C.
C: COURT DESIGNATED MEDIATOR
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 2 of 2 Trans ID: LCV20224139469
ALL PARTIES OR COUNSEL
Preview
ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 1 of 5 Trans ID: LCV20224139469 ESX ESSEX COUNTY - CIVIL DIVISION 0000 SUPERIOR COURT OF NJ PKT 465 MARTIN LUTHER KING JR BLVD 000 NEWARK NJ 07102 OS9 21 DATE DECEMBER 05, 2022 MARC W. GARBAR BERTONE PICCINI LLP 777 TERRACE AVENUE SUITE 201 HASBROUCK HGHTS NJ 076040000 ROBERTELLI SANDRA VS SOLOTOFF ERIC DOCKET L 009660 21 DEAR SIR OR MADAM: PURSUANT TO THE ORDER OF REFERRAL TO MEDIATION (COPY ATTACHED), YOU HAVE BEEN DESIGNATED AS A MEDIATOR IN THE ABOVE CAPTIONED CASE IN THE EVENT THAT THE PARTIES DO NOT SELECT ANOTHER MEDIATOR OF THEIR CHOICE WITHIN 14 DAYS. IF THE LEAD PLAINTIFF IN THE ABOVE MATTER HAS NOT CONTACTED YOU WITHIN 18 DAYS OF THE ENTRY OF THE ORDER, YOU WILL SERVE AS THE MEDIATOR IN THE ABOVE MATTER. IF THERE IS A CONFLICT, PLEASE NOTIFY OGECHI OKUBANJO AT (973) 776-9300 IMMEDIATELY. PLEASE NOTE THAT PURSUANT TO THE ATTACHED ORDER, YOU SHALL HOLD A TELEPHONIC CONFERENCE WITH COUNSEL WITHIN 35 DAYS OF THE DATE OF THE ENCLOSED ORDER AND ON 5 DAY'S ADVANCE NOTICE TO THE PARTIES. IN ACCORDANCE WITH APPENDIX XXVI OF THE RULES OF COURT, AT THE BEGINNING OF THE INITIAL IN-PERSON MEDIATION SESSION, YOU SHALL DISCLOSE TO THE PARTIES IN WRITING ON A FORM PRESCRIBED BY THE ADMINISTRATIVE DIRECTOR OF THE COURTS THE SPECIFIC TIME AT WHICH THE FREE MEDIATION WILL CONCLUDE. THE WRITTEN DISCLOSURE SHALL ADVISE THE PARTIES THAT ANY MEDIATION CONTINUED BEYOND THAT TIME WILL BE BILLED BY YOU AT YOUR MARKET RATE AS SET FORTH ON THE COURT'S MEDIATOR ROSTER. THE WRITING SHALL ALSO DISCLOSE THE AMOUNT OF PREPARATION TIME YOU HAVE SPENT TO THAT POINT ON THE CASE. IF THE AMOUNT OF PREPARATION TIME BY YOU EXCEEDS ONE HOUR AND IF YOU INTEND TO CHARGE THE PARTIES FOR THAT ADDITIONAL PREPARATION TIME BEYOND THE ONE FREE HOUR IN ACCORDANCE WITH GUIDELINE 15 SHOULD THEY AGREE TO CONTINUE WITH MEDIATION ON A PAYING BASIS, THEN IN THAT WRITTEN DISCLOSURE YOU MUST SO ADVISE THE PARTIES PRIOR TO COMMENCING THE INITIAL MEDIATION SESSION. ANY SUCH CHARGED ADDITIONAL PREPARATION TIME WILL BE BILLED BY YOU AT YOUR MARKET RATE AS SET FORTH ON THE COURT'S MEDIATOR ROSTER. THE FORM OF THE DISCLOSURE IS FOUND AT NJCOURTS.GOV UNDER CIVIL MEDIATION RESOURCES. PLEASE NOTIFY OGECHI OKUBANJO IMMEDIATELY UPON THE SETTLEMENT OR UPON UNSUCCESSFUL COMPLETION OF THE MEDIATION OF THIS CASE AND SUBMIT A COMPLETION OF MEDIATION FORM. THE FORM MAY ALSO BE FOUND AT NJCOURTS.GOV UNDER CIVIL MEDIATION RESOURCES. IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CALL THE COMPLEMENTARY DISPUTE RESOLUTION (CDR) POINT PERSON IN YOUR VICINAGE. A DIRECTORY CAN BE FOUND AT NJCOURTS.GOV, CIVIL MEDIATION RESOURCES. THANK YOU FOR YOUR WILLINGNESS TO SERVE IN THIS VERY IMPORTANT PROGRAM. VERY TRULY YOURS, ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 2 of 5 Trans ID: LCV20224139469 CIVIL PRESIDING JUDGE ENC. ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 3 of 5 Trans ID: LCV20224139469 ESX SUPERIOR COURT OF NEW JERSEY LAW DIVISION, CIVIL PART ESSEX COUNTY - CIVIL DIVISION DOCKET NO.L 009660 21 ROBERTELLI SANDRA VS SOLOTOFF ERIC CIVIL ACTION MEDIATION REFERRAL ORDER (NO STAY OF DISCOVERY) PURSUANT TO R. 1:40-1 ET SEQ., IT IS ON THIS FIFTH DAY OF DECEMBER 2022, ORDERED THAT: 1. THE PARTIES AND ATTORNEYS SHALL PARTICIPATE IN MEDIATION IN GOOD FAITH AND WITH A SENSE OF URGENCY. FAILURE TO DO SO MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES. REGARDING THE MEDIATOR SELECTION 2A. PARTIES MAY SELECT A MEDIATOR WITHIN 14 DAYS. IF THE PARTIES DESIGNATE A "PARTY SELECTED MEDIATOR" WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER, LEAD PLAINTIFF'S COUNSEL SHALL PROVIDE TO THE CDR POINT PERSON AND THE INDIVIDUAL NAMED IN PARAGRAPH 2B BELOW, IN WRITING, THE NAME, ADDRESS, TELEPHONE AND E-MAIL ADDRESS OF THE SELECTED MEDIATOR. NAMES AND ADDRESSES OF THE CDR POINT PERSON MAY BE FOUND AT NJCOURTS.GOV UNDER CIVIL MEDIATION RESOURCES. 2B. MARC W. GARBAR (201) 483-9333 IS APPOINTED TO MEDIATE IF PARTIES DO NOT TIMELY DESIGNATE A PARTY SELECTED MEDIATOR. INFORMATION REGARDING THE APPOINTED MEDIATOR MAY BE OBTAINED AT NJCOURTS.GOV, CIVIL MEDIATION RESOURCES, UNDER CIVIL MEDIATOR SEARCH. REGARDING THE MEDIATION PROCESS 3A. THE MEDIATOR SHALL NOTIFY COUNSEL OF THE DATE AND TIME FOR AN ORGANIZATIONAL CONFERENCE CALL TO BE CONDUCTED WITHIN 35 DAYS OF THIS ORDER. THE MEDIATOR SHALL EXPLAIN THE MEDIATION PROCESS, SET GROUND RULES, FACILITATE FOCUSED INFORMATION EXCHANGE, AND IDENTIFY THOSE PERSONS WITH NEGOTIATING AUTHORITY NEEDED BY EACH SIDE TO PARTICIPATE IN THE MEDIATION PROCESS IN ORDER TO ASSIST IN EFFECTUATING A RESOLUTION OF THE CASE. IN CONSULTATION WITH COUNSEL, THE MEDIATOR SHALL SCHEDULE THE MEDIATION SESSION AND MAY REQUIRE THE ATTENDANCE OF THE PERSON(S) WITH AUTHORITY. 3B. FAILURE TO PARTICIPATE IN THE CONFERENCE CALL OR ATTEND THE FIRST MEDIATION SESSION MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES PURSUANT TO R. 1:2-4(A). 3C. ANY PARTY MAY WITHDRAW FROM THE MEDIATION PROCESS AFTER THE EXPIRATION OF THE INITIAL ONE-HOUR IN-PERSON MEDIATION SESSION. WITHDRAWAL OF ONE OR MORE PARTIES FROM THE MEDIATION SHALL NOT PREVENT THE REMAINING PARTIES FROM CONTINUING WITH MEDIATION. 3D. LEAD PLAINTIFF'S COUNSEL SHALL BE RESPONSIBLE FOR PROVIDING THE MEDIATOR WITH AN UPDATED PARTY/COUNSEL LIST. 3E. THIS REFERRAL TO MEDIATION DOES NOT STAY DISCOVERY. MEDIATION UNDER THIS ORDER SHALL BE COMPLETED BY THE DISCOVERY END DATE. REGARDING MEDIATOR COMPENSATION 4. COMPENSATION OF PARTY-SELECTED OR COURT-DESIGNATED MEDIATORS SHALL BE HANDLED IN ACCORDANCE WITH THE "GUIDELINES FOR THE COMPENSATION OF MEDIATORS" CONTAINED IN APPENDIX XXVI OF THE RULES OF COURT. MEDIATORS ON THE ROSTER, WHETHER PARTY-SELECTED OR COURT-DESIGNATED, SHALL SERVE WITHOUT COMPENSATION FOR THE FIRST TWO HOURS, WHICH SHALL INCLUDE A MANDATORY ORGANIZATIONAL TELEPHONE CONFERENCE WITH COUNSEL AND PRO SE PARTIES AND AN IN-PERSON MEDIATION SESSION OF AT LEAST ONE HOUR. THE PARTIES MAY SELECT ANY MEDIATOR NOT ON THE ROSTER OF MEDIATORS AND SUCH NON-ROSTER MEDIATOR MAY NEGOTIATE A FEE WITH THE PARTIES, BUT IS BOUND BY ALL OTHER TERMS AND CONDITIONS OF THIS ORDER AND THE COURT'S MEDIATION PROCEDURES. 5. ANY INQUIRY REGARDING THE MEDIATION PROCESS OR THIS ORDER SHALL BE RESOLVED BY THE VICINAGE'S COMPLEMENTARY DISPUTE RESOLUTION (CDR) POINT PERSON. ______________________ J.S.C. C: COURT DESIGNATED MEDIATOR ALL PARTIES OR COUNSEL ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 4 of 5 Trans ID: LCV20224139469 ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 5 of 5 Trans ID: LCV20224139469 ESX COUNSEL & PARTY LIST ROBERTELLI SANDRA VS SOLOTOFF ERIC (L 009660 21) _______________________________________________________________ MARC W. GARBAR BERTONE PICCINI LLP 777 TERRACE AVENUE, HASBROUCK HGHTS NJ 076040000 (201) 483-9333 PARTY NAME ATTORNEY ADDRESS/TELEPHONE # ________________________________________________________________________________ SANDRA ROBERTELLI (PF) ALBERICO G. DE PIERRO DE PIERRO RADDING, LLC 000000000 - ERIC SOLOTOFF (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 ERIC SOLOTOFF (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 FOX ROTHCHILD (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 FOX ROTHCHILD (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 ABC CORPORATION 1-10(DF) NO ATTORNEY NJ 000000000 XYZ LLC 1-10 (DF) NO ATTORNEY NJ 000000000 JOHN DOE 1-10 (DF) NO ATTORNEY NJ 000000000 JANE DOES 1-10 (DF) NO ATTORNEY NJ 000000000 DOE PARTNERSHIP 1-10(DF) NO ATTORNEY NJ 000000000 ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 1 of 5 Trans ID: LCV20224139469 ESX ESSEX COUNTY - CIVIL DIVISION SUPERIOR COURT OF NJ 465 MARTIN LUTHER KING JR BLVD NEWARK NJ 07102 DATE DECEMBER 05, 2022 ALBERICO G. DE PIERRO DE PIERRO RADDING, LLC 00000 ROBERTELLI SANDRA VS SOLOTOFF ERIC DOCKET L 009660 21 DEAR SIR OR MADAM: ENCLOSED IS AN ORDER OF REFERRAL TO MEDIATION. PLEASE READ THE TERMS OF THE ORDER CAREFULLY. COMPLIANCE IS REQUIRED. IN ACCORDANCE WITH THE ORDER, YOU MAY DESIGNATE THE MEDIATOR OF YOUR CHOICE WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER. IN THE EVENT YOU DO NOT NOTIFY THE COURT WITHIN 14 DAYS OF THE ENTRY OF THE ORDER OF YOUR SELECTED MEDIATOR, THE MEDIATOR DESIGNATED BY THE COURT IN PARAGRAPH 2B WILL SERVE. THE CASE MAY BE REMOVED FROM MEDIATION ONLY UPON GOOD CAUSE SHOWN ON NOTICE OF MOTION. THIS PROGRAM IS IN DIRECT RESPONSE TO PUBLIC CONCERNS THAT LITIGATION IS TOO OFTEN AN EXTREMELY COSTLY AND PROTRACTED MEANS TO RESOLVE DISPUTES. ALTHOUGH MOST CASES SETTLE, IT IS ONLY AFTER THE EXPENDITURE OF SUBSTANTIAL FEES AND AFTER LONG DELAYS. ALL INDICATIONS ARE THAT EARLY MEDIATION - A PROCESS THAT BRINGS PARTIES TOGETHER IN SEARCH OF A MUTUALLY BENEFICIAL RESOLUTION, AIDED BY A TRAINED, NEUTRAL FACILITATOR - CAN RESOLVE MOST CASES QUICKLY, FAIRLY, AND AT REDUCED COSTS, PRODUCING CLIENT SATISFACTION. PLEASE NOTE THAT THE SERVICES OF A MEDIATOR ON THE COURT'S CIVIL MEDIATOR ROSTER ARE AT NO COST TO THE LITIGANTS FOR THE FIRST TWO HOURS, AFTER WHICH THE PROCESS MAY BE TERMINATED BY EITHER PARTY AT WILL. A LIST OF MEDIATORS ON THE CIVIL MEDIATOR ROSTER IS FOUND AT NJCOURTS.GOV, UNDER CIVIL MEDIATION RESOURCES THE MEDIATOR IS AUTHORIZED TO ALLOW FOR A LIMITED AMOUNT OF INFORMAL DISCOVERY ON AN EXPEDITED BASIS IF THAT DISCOVERY WILL ENHANCE THE EFFECTIVENESS OF THE MEDIATION PROCESS. PLEASE INFORM THE MEDIATOR PROMPTLY IF IN YOUR VIEW SOME LIMITED DISCOVERY WILL BE AN ESSENTIAL PREREQUISITE TO MEDIATION. IT IS THE RESPONSIBILITY OF THE LEAD PLAINTIFF 'S ATTORNEY TO PROVIDE THE MEDIATOR WITH AN INITIAL COUNSEL LIST AND TO MAINTAIN THIS LIST, PROVIDING THE MEDIATOR WITH ANY UPDATED INFORMATION. IF YOU CHOOSE A MEDIATOR WITHIN 14 DAYS OF THE ENTRY OF THE REFERRAL ORDER, IT IS THE LEAD PLAINTIFF'S ATTORNEY'S RESPONSIBILITY TO FORWARD A COPY OF THE REFERRAL ORDER TO THE PARTY SELECTED MEDIATOR. IF YOU ARE AWARE OF ANY OTHER ATTORNEYS OR PRO SE PARTIES WHO SHOULD BE PART OF THE MEDIATION PROCESS AND ADDED TO THE SERVICE LIST, PLEASE CONTACT THE COURT IMMEDIATELY. ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 2 of 5 Trans ID: LCV20224139469 ENC. ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 3 of 5 Trans ID: LCV20224139469 ESX SUPERIOR COURT OF NEW JERSEY LAW DIVISION, CIVIL PART ESSEX COUNTY - CIVIL DIVISION DOCKET NO.L 009660 21 ROBERTELLI SANDRA VS SOLOTOFF ERIC CIVIL ACTION MEDIATION REFERRAL ORDER (NO STAY OF DISCOVERY) PURSUANT TO R. 1:40-1 ET SEQ., IT IS ON THIS FIFTH DAY OF DECEMBER 2022, ORDERED THAT: 1. THE PARTIES AND ATTORNEYS SHALL PARTICIPATE IN MEDIATION IN GOOD FAITH AND WITH A SENSE OF URGENCY. FAILURE TO DO SO MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES. REGARDING THE MEDIATOR SELECTION 2A. PARTIES MAY SELECT A MEDIATOR WITHIN 14 DAYS. IF THE PARTIES DESIGNATE A "PARTY SELECTED MEDIATOR" WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER, LEAD PLAINTIFF'S COUNSEL SHALL PROVIDE TO THE CDR POINT PERSON AND THE INDIVIDUAL NAMED IN PARAGRAPH 2B BELOW, IN WRITING, THE NAME, ADDRESS, TELEPHONE AND E-MAIL ADDRESS OF THE SELECTED MEDIATOR. NAMES AND ADDRESSES OF THE CDR POINT PERSON MAY BE FOUND AT NJCOURTS.GOV UNDER CIVIL MEDIATION RESOURCES. 2B. MARC W. GARBAR (201) 483-9333 IS APPOINTED TO MEDIATE IF PARTIES DO NOT TIMELY DESIGNATE A PARTY SELECTED MEDIATOR. INFORMATION REGARDING THE APPOINTED MEDIATOR MAY BE OBTAINED AT NJCOURTS.GOV, CIVIL MEDIATION RESOURCES, UNDER CIVIL MEDIATOR SEARCH. REGARDING THE MEDIATION PROCESS 3A. THE MEDIATOR SHALL NOTIFY COUNSEL OF THE DATE AND TIME FOR AN ORGANIZATIONAL CONFERENCE CALL TO BE CONDUCTED WITHIN 35 DAYS OF THIS ORDER. THE MEDIATOR SHALL EXPLAIN THE MEDIATION PROCESS, SET GROUND RULES, FACILITATE FOCUSED INFORMATION EXCHANGE, AND IDENTIFY THOSE PERSONS WITH NEGOTIATING AUTHORITY NEEDED BY EACH SIDE TO PARTICIPATE IN THE MEDIATION PROCESS IN ORDER TO ASSIST IN EFFECTUATING A RESOLUTION OF THE CASE. IN CONSULTATION WITH COUNSEL, THE MEDIATOR SHALL SCHEDULE THE MEDIATION SESSION AND MAY REQUIRE THE ATTENDANCE OF THE PERSON(S) WITH AUTHORITY. 3B. FAILURE TO PARTICIPATE IN THE CONFERENCE CALL OR ATTEND THE FIRST MEDIATION SESSION MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES PURSUANT TO R. 1:2-4(A). 3C. ANY PARTY MAY WITHDRAW FROM THE MEDIATION PROCESS AFTER THE EXPIRATION OF THE INITIAL ONE-HOUR IN-PERSON MEDIATION SESSION. WITHDRAWAL OF ONE OR MORE PARTIES FROM THE MEDIATION SHALL NOT PREVENT THE REMAINING PARTIES FROM CONTINUING WITH MEDIATION. 3D. LEAD PLAINTIFF'S COUNSEL SHALL BE RESPONSIBLE FOR PROVIDING THE MEDIATOR WITH AN UPDATED PARTY/COUNSEL LIST. 3E. THIS REFERRAL TO MEDIATION DOES NOT STAY DISCOVERY. MEDIATION UNDER THIS ORDER SHALL BE COMPLETED BY THE DISCOVERY END DATE. REGARDING MEDIATOR COMPENSATION 4. COMPENSATION OF PARTY-SELECTED OR COURT-DESIGNATED MEDIATORS SHALL BE HANDLED IN ACCORDANCE WITH THE "GUIDELINES FOR THE COMPENSATION OF MEDIATORS" CONTAINED IN APPENDIX XXVI OF THE RULES OF COURT. MEDIATORS ON THE ROSTER, WHETHER PARTY-SELECTED OR COURT-DESIGNATED, SHALL SERVE WITHOUT COMPENSATION FOR THE FIRST TWO HOURS, WHICH SHALL INCLUDE A MANDATORY ORGANIZATIONAL TELEPHONE CONFERENCE WITH COUNSEL AND PRO SE PARTIES AND AN IN-PERSON MEDIATION SESSION OF AT LEAST ONE HOUR. THE PARTIES MAY SELECT ANY MEDIATOR NOT ON THE ROSTER OF MEDIATORS AND SUCH NON-ROSTER MEDIATOR MAY NEGOTIATE A FEE WITH THE PARTIES, BUT IS BOUND BY ALL OTHER TERMS AND CONDITIONS OF THIS ORDER AND THE COURT'S MEDIATION PROCEDURES. 5. ANY INQUIRY REGARDING THE MEDIATION PROCESS OR THIS ORDER SHALL BE RESOLVED BY THE VICINAGE'S COMPLEMENTARY DISPUTE RESOLUTION (CDR) POINT PERSON. ______________________ J.S.C. C: COURT DESIGNATED MEDIATOR ALL PARTIES OR COUNSEL ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 4 of 5 Trans ID: LCV20224139469 ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 5 of 5 Trans ID: LCV20224139469 ESX COUNSEL & PARTY LIST ROBERTELLI SANDRA VS SOLOTOFF ERIC (L 009660 21) _______________________________________________________________ MARC W. GARBAR BERTONE PICCINI LLP 777 TERRACE AVENUE, HASBROUCK HGHTS NJ 076040000 (201) 483-9333 PARTY NAME ATTORNEY ADDRESS/TELEPHONE # ________________________________________________________________________________ SANDRA ROBERTELLI (PF) ALBERICO G. DE PIERRO DE PIERRO RADDING, LLC 000000000 - ERIC SOLOTOFF (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 ERIC SOLOTOFF (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 FOX ROTHCHILD (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 FOX ROTHCHILD (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 ABC CORPORATION 1-10(DF) NO ATTORNEY NJ 000000000 XYZ LLC 1-10 (DF) NO ATTORNEY NJ 000000000 JOHN DOE 1-10 (DF) NO ATTORNEY NJ 000000000 JANE DOES 1-10 (DF) NO ATTORNEY NJ 000000000 DOE PARTNERSHIP 1-10(DF) NO ATTORNEY NJ 000000000 ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 1 of 5 Trans ID: LCV20224139469 ESX ESSEX COUNTY - CIVIL DIVISION SUPERIOR COURT OF NJ 465 MARTIN LUTHER KING JR BLVD NEWARK NJ 07102 DATE DECEMBER 05, 2022 BRIAN J. MOLLOY WILENTZ GOLDMAN & SPITZER 90 WOODBRIDGE CENTER DR STE 900 PO BOX 10 WOODBRIDGE NJ 07095-0958 ROBERTELLI SANDRA VS SOLOTOFF ERIC DOCKET L 009660 21 DEAR SIR OR MADAM: ENCLOSED IS AN ORDER OF REFERRAL TO MEDIATION. PLEASE READ THE TERMS OF THE ORDER CAREFULLY. COMPLIANCE IS REQUIRED. IN ACCORDANCE WITH THE ORDER, YOU MAY DESIGNATE THE MEDIATOR OF YOUR CHOICE WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER. IN THE EVENT YOU DO NOT NOTIFY THE COURT WITHIN 14 DAYS OF THE ENTRY OF THE ORDER OF YOUR SELECTED MEDIATOR, THE MEDIATOR DESIGNATED BY THE COURT IN PARAGRAPH 2B WILL SERVE. THE CASE MAY BE REMOVED FROM MEDIATION ONLY UPON GOOD CAUSE SHOWN ON NOTICE OF MOTION. THIS PROGRAM IS IN DIRECT RESPONSE TO PUBLIC CONCERNS THAT LITIGATION IS TOO OFTEN AN EXTREMELY COSTLY AND PROTRACTED MEANS TO RESOLVE DISPUTES. ALTHOUGH MOST CASES SETTLE, IT IS ONLY AFTER THE EXPENDITURE OF SUBSTANTIAL FEES AND AFTER LONG DELAYS. ALL INDICATIONS ARE THAT EARLY MEDIATION - A PROCESS THAT BRINGS PARTIES TOGETHER IN SEARCH OF A MUTUALLY BENEFICIAL RESOLUTION, AIDED BY A TRAINED, NEUTRAL FACILITATOR - CAN RESOLVE MOST CASES QUICKLY, FAIRLY, AND AT REDUCED COSTS, PRODUCING CLIENT SATISFACTION. PLEASE NOTE THAT THE SERVICES OF A MEDIATOR ON THE COURT'S CIVIL MEDIATOR ROSTER ARE AT NO COST TO THE LITIGANTS FOR THE FIRST TWO HOURS, AFTER WHICH THE PROCESS MAY BE TERMINATED BY EITHER PARTY AT WILL. A LIST OF MEDIATORS ON THE CIVIL MEDIATOR ROSTER IS FOUND AT NJCOURTS.GOV, UNDER CIVIL MEDIATION RESOURCES THE MEDIATOR IS AUTHORIZED TO ALLOW FOR A LIMITED AMOUNT OF INFORMAL DISCOVERY ON AN EXPEDITED BASIS IF THAT DISCOVERY WILL ENHANCE THE EFFECTIVENESS OF THE MEDIATION PROCESS. PLEASE INFORM THE MEDIATOR PROMPTLY IF IN YOUR VIEW SOME LIMITED DISCOVERY WILL BE AN ESSENTIAL PREREQUISITE TO MEDIATION. IT IS THE RESPONSIBILITY OF THE LEAD PLAINTIFF 'S ATTORNEY TO PROVIDE THE MEDIATOR WITH AN INITIAL COUNSEL LIST AND TO MAINTAIN THIS LIST, PROVIDING THE MEDIATOR WITH ANY UPDATED INFORMATION. IF YOU CHOOSE A MEDIATOR WITHIN 14 DAYS OF THE ENTRY OF THE REFERRAL ORDER, IT IS THE LEAD PLAINTIFF'S ATTORNEY'S RESPONSIBILITY TO FORWARD A COPY OF THE REFERRAL ORDER TO THE PARTY SELECTED MEDIATOR. IF YOU ARE AWARE OF ANY OTHER ATTORNEYS OR PRO SE PARTIES WHO SHOULD BE PART OF THE MEDIATION PROCESS AND ADDED TO THE SERVICE LIST, PLEASE CONTACT THE COURT IMMEDIATELY. ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 2 of 5 Trans ID: LCV20224139469 ENC. ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 3 of 5 Trans ID: LCV20224139469 ESX SUPERIOR COURT OF NEW JERSEY LAW DIVISION, CIVIL PART ESSEX COUNTY - CIVIL DIVISION DOCKET NO.L 009660 21 ROBERTELLI SANDRA VS SOLOTOFF ERIC CIVIL ACTION MEDIATION REFERRAL ORDER (NO STAY OF DISCOVERY) PURSUANT TO R. 1:40-1 ET SEQ., IT IS ON THIS FIFTH DAY OF DECEMBER 2022, ORDERED THAT: 1. THE PARTIES AND ATTORNEYS SHALL PARTICIPATE IN MEDIATION IN GOOD FAITH AND WITH A SENSE OF URGENCY. FAILURE TO DO SO MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES. REGARDING THE MEDIATOR SELECTION 2A. PARTIES MAY SELECT A MEDIATOR WITHIN 14 DAYS. IF THE PARTIES DESIGNATE A "PARTY SELECTED MEDIATOR" WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER, LEAD PLAINTIFF'S COUNSEL SHALL PROVIDE TO THE CDR POINT PERSON AND THE INDIVIDUAL NAMED IN PARAGRAPH 2B BELOW, IN WRITING, THE NAME, ADDRESS, TELEPHONE AND E-MAIL ADDRESS OF THE SELECTED MEDIATOR. NAMES AND ADDRESSES OF THE CDR POINT PERSON MAY BE FOUND AT NJCOURTS.GOV UNDER CIVIL MEDIATION RESOURCES. 2B. MARC W. GARBAR (201) 483-9333 IS APPOINTED TO MEDIATE IF PARTIES DO NOT TIMELY DESIGNATE A PARTY SELECTED MEDIATOR. INFORMATION REGARDING THE APPOINTED MEDIATOR MAY BE OBTAINED AT NJCOURTS.GOV, CIVIL MEDIATION RESOURCES, UNDER CIVIL MEDIATOR SEARCH. REGARDING THE MEDIATION PROCESS 3A. THE MEDIATOR SHALL NOTIFY COUNSEL OF THE DATE AND TIME FOR AN ORGANIZATIONAL CONFERENCE CALL TO BE CONDUCTED WITHIN 35 DAYS OF THIS ORDER. THE MEDIATOR SHALL EXPLAIN THE MEDIATION PROCESS, SET GROUND RULES, FACILITATE FOCUSED INFORMATION EXCHANGE, AND IDENTIFY THOSE PERSONS WITH NEGOTIATING AUTHORITY NEEDED BY EACH SIDE TO PARTICIPATE IN THE MEDIATION PROCESS IN ORDER TO ASSIST IN EFFECTUATING A RESOLUTION OF THE CASE. IN CONSULTATION WITH COUNSEL, THE MEDIATOR SHALL SCHEDULE THE MEDIATION SESSION AND MAY REQUIRE THE ATTENDANCE OF THE PERSON(S) WITH AUTHORITY. 3B. FAILURE TO PARTICIPATE IN THE CONFERENCE CALL OR ATTEND THE FIRST MEDIATION SESSION MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES PURSUANT TO R. 1:2-4(A). 3C. ANY PARTY MAY WITHDRAW FROM THE MEDIATION PROCESS AFTER THE EXPIRATION OF THE INITIAL ONE-HOUR IN-PERSON MEDIATION SESSION. WITHDRAWAL OF ONE OR MORE PARTIES FROM THE MEDIATION SHALL NOT PREVENT THE REMAINING PARTIES FROM CONTINUING WITH MEDIATION. 3D. LEAD PLAINTIFF'S COUNSEL SHALL BE RESPONSIBLE FOR PROVIDING THE MEDIATOR WITH AN UPDATED PARTY/COUNSEL LIST. 3E. THIS REFERRAL TO MEDIATION DOES NOT STAY DISCOVERY. MEDIATION UNDER THIS ORDER SHALL BE COMPLETED BY THE DISCOVERY END DATE. REGARDING MEDIATOR COMPENSATION 4. COMPENSATION OF PARTY-SELECTED OR COURT-DESIGNATED MEDIATORS SHALL BE HANDLED IN ACCORDANCE WITH THE "GUIDELINES FOR THE COMPENSATION OF MEDIATORS" CONTAINED IN APPENDIX XXVI OF THE RULES OF COURT. MEDIATORS ON THE ROSTER, WHETHER PARTY-SELECTED OR COURT-DESIGNATED, SHALL SERVE WITHOUT COMPENSATION FOR THE FIRST TWO HOURS, WHICH SHALL INCLUDE A MANDATORY ORGANIZATIONAL TELEPHONE CONFERENCE WITH COUNSEL AND PRO SE PARTIES AND AN IN-PERSON MEDIATION SESSION OF AT LEAST ONE HOUR. THE PARTIES MAY SELECT ANY MEDIATOR NOT ON THE ROSTER OF MEDIATORS AND SUCH NON-ROSTER MEDIATOR MAY NEGOTIATE A FEE WITH THE PARTIES, BUT IS BOUND BY ALL OTHER TERMS AND CONDITIONS OF THIS ORDER AND THE COURT'S MEDIATION PROCEDURES. 5. ANY INQUIRY REGARDING THE MEDIATION PROCESS OR THIS ORDER SHALL BE RESOLVED BY THE VICINAGE'S COMPLEMENTARY DISPUTE RESOLUTION (CDR) POINT PERSON. ______________________ J.S.C. C: COURT DESIGNATED MEDIATOR ALL PARTIES OR COUNSEL ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 4 of 5 Trans ID: LCV20224139469 ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 5 of 5 Trans ID: LCV20224139469 ESX COUNSEL & PARTY LIST ROBERTELLI SANDRA VS SOLOTOFF ERIC (L 009660 21) _______________________________________________________________ MARC W. GARBAR BERTONE PICCINI LLP 777 TERRACE AVENUE, HASBROUCK HGHTS NJ 076040000 (201) 483-9333 PARTY NAME ATTORNEY ADDRESS/TELEPHONE # ________________________________________________________________________________ SANDRA ROBERTELLI (PF) ALBERICO G. DE PIERRO DE PIERRO RADDING, LLC 000000000 - ERIC SOLOTOFF (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 ERIC SOLOTOFF (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 FOX ROTHCHILD (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 FOX ROTHCHILD (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 ABC CORPORATION 1-10(DF) NO ATTORNEY NJ 000000000 XYZ LLC 1-10 (DF) NO ATTORNEY NJ 000000000 JOHN DOE 1-10 (DF) NO ATTORNEY NJ 000000000 JANE DOES 1-10 (DF) NO ATTORNEY NJ 000000000 DOE PARTNERSHIP 1-10(DF) NO ATTORNEY NJ 000000000 ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 1 of 5 Trans ID: LCV20224139469 ESX ESSEX COUNTY - CIVIL DIVISION SUPERIOR COURT OF NJ 465 MARTIN LUTHER KING JR BLVD NEWARK NJ 07102 DATE DECEMBER 05, 2022 DANIEL J. KLUSKA WILENTZ GOLDMAN & SPITZER 90 WOODBRIDGE CENTER DR STE 900 PO BOX 10 WOODBRIDGE NJ 07095-0958 ROBERTELLI SANDRA VS SOLOTOFF ERIC DOCKET L 009660 21 DEAR SIR OR MADAM: ENCLOSED IS AN ORDER OF REFERRAL TO MEDIATION. PLEASE READ THE TERMS OF THE ORDER CAREFULLY. COMPLIANCE IS REQUIRED. IN ACCORDANCE WITH THE ORDER, YOU MAY DESIGNATE THE MEDIATOR OF YOUR CHOICE WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER. IN THE EVENT YOU DO NOT NOTIFY THE COURT WITHIN 14 DAYS OF THE ENTRY OF THE ORDER OF YOUR SELECTED MEDIATOR, THE MEDIATOR DESIGNATED BY THE COURT IN PARAGRAPH 2B WILL SERVE. THE CASE MAY BE REMOVED FROM MEDIATION ONLY UPON GOOD CAUSE SHOWN ON NOTICE OF MOTION. THIS PROGRAM IS IN DIRECT RESPONSE TO PUBLIC CONCERNS THAT LITIGATION IS TOO OFTEN AN EXTREMELY COSTLY AND PROTRACTED MEANS TO RESOLVE DISPUTES. ALTHOUGH MOST CASES SETTLE, IT IS ONLY AFTER THE EXPENDITURE OF SUBSTANTIAL FEES AND AFTER LONG DELAYS. ALL INDICATIONS ARE THAT EARLY MEDIATION - A PROCESS THAT BRINGS PARTIES TOGETHER IN SEARCH OF A MUTUALLY BENEFICIAL RESOLUTION, AIDED BY A TRAINED, NEUTRAL FACILITATOR - CAN RESOLVE MOST CASES QUICKLY, FAIRLY, AND AT REDUCED COSTS, PRODUCING CLIENT SATISFACTION. PLEASE NOTE THAT THE SERVICES OF A MEDIATOR ON THE COURT'S CIVIL MEDIATOR ROSTER ARE AT NO COST TO THE LITIGANTS FOR THE FIRST TWO HOURS, AFTER WHICH THE PROCESS MAY BE TERMINATED BY EITHER PARTY AT WILL. A LIST OF MEDIATORS ON THE CIVIL MEDIATOR ROSTER IS FOUND AT NJCOURTS.GOV, UNDER CIVIL MEDIATION RESOURCES THE MEDIATOR IS AUTHORIZED TO ALLOW FOR A LIMITED AMOUNT OF INFORMAL DISCOVERY ON AN EXPEDITED BASIS IF THAT DISCOVERY WILL ENHANCE THE EFFECTIVENESS OF THE MEDIATION PROCESS. PLEASE INFORM THE MEDIATOR PROMPTLY IF IN YOUR VIEW SOME LIMITED DISCOVERY WILL BE AN ESSENTIAL PREREQUISITE TO MEDIATION. IT IS THE RESPONSIBILITY OF THE LEAD PLAINTIFF 'S ATTORNEY TO PROVIDE THE MEDIATOR WITH AN INITIAL COUNSEL LIST AND TO MAINTAIN THIS LIST, PROVIDING THE MEDIATOR WITH ANY UPDATED INFORMATION. IF YOU CHOOSE A MEDIATOR WITHIN 14 DAYS OF THE ENTRY OF THE REFERRAL ORDER, IT IS THE LEAD PLAINTIFF'S ATTORNEY'S RESPONSIBILITY TO FORWARD A COPY OF THE REFERRAL ORDER TO THE PARTY SELECTED MEDIATOR. IF YOU ARE AWARE OF ANY OTHER ATTORNEYS OR PRO SE PARTIES WHO SHOULD BE PART OF THE MEDIATION PROCESS AND ADDED TO THE SERVICE LIST, PLEASE CONTACT THE COURT IMMEDIATELY. ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 2 of 5 Trans ID: LCV20224139469 ENC. ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 3 of 5 Trans ID: LCV20224139469 ESX SUPERIOR COURT OF NEW JERSEY LAW DIVISION, CIVIL PART ESSEX COUNTY - CIVIL DIVISION DOCKET NO.L 009660 21 ROBERTELLI SANDRA VS SOLOTOFF ERIC CIVIL ACTION MEDIATION REFERRAL ORDER (NO STAY OF DISCOVERY) PURSUANT TO R. 1:40-1 ET SEQ., IT IS ON THIS FIFTH DAY OF DECEMBER 2022, ORDERED THAT: 1. THE PARTIES AND ATTORNEYS SHALL PARTICIPATE IN MEDIATION IN GOOD FAITH AND WITH A SENSE OF URGENCY. FAILURE TO DO SO MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES. REGARDING THE MEDIATOR SELECTION 2A. PARTIES MAY SELECT A MEDIATOR WITHIN 14 DAYS. IF THE PARTIES DESIGNATE A "PARTY SELECTED MEDIATOR" WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER, LEAD PLAINTIFF'S COUNSEL SHALL PROVIDE TO THE CDR POINT PERSON AND THE INDIVIDUAL NAMED IN PARAGRAPH 2B BELOW, IN WRITING, THE NAME, ADDRESS, TELEPHONE AND E-MAIL ADDRESS OF THE SELECTED MEDIATOR. NAMES AND ADDRESSES OF THE CDR POINT PERSON MAY BE FOUND AT NJCOURTS.GOV UNDER CIVIL MEDIATION RESOURCES. 2B. MARC W. GARBAR (201) 483-9333 IS APPOINTED TO MEDIATE IF PARTIES DO NOT TIMELY DESIGNATE A PARTY SELECTED MEDIATOR. INFORMATION REGARDING THE APPOINTED MEDIATOR MAY BE OBTAINED AT NJCOURTS.GOV, CIVIL MEDIATION RESOURCES, UNDER CIVIL MEDIATOR SEARCH. REGARDING THE MEDIATION PROCESS 3A. THE MEDIATOR SHALL NOTIFY COUNSEL OF THE DATE AND TIME FOR AN ORGANIZATIONAL CONFERENCE CALL TO BE CONDUCTED WITHIN 35 DAYS OF THIS ORDER. THE MEDIATOR SHALL EXPLAIN THE MEDIATION PROCESS, SET GROUND RULES, FACILITATE FOCUSED INFORMATION EXCHANGE, AND IDENTIFY THOSE PERSONS WITH NEGOTIATING AUTHORITY NEEDED BY EACH SIDE TO PARTICIPATE IN THE MEDIATION PROCESS IN ORDER TO ASSIST IN EFFECTUATING A RESOLUTION OF THE CASE. IN CONSULTATION WITH COUNSEL, THE MEDIATOR SHALL SCHEDULE THE MEDIATION SESSION AND MAY REQUIRE THE ATTENDANCE OF THE PERSON(S) WITH AUTHORITY. 3B. FAILURE TO PARTICIPATE IN THE CONFERENCE CALL OR ATTEND THE FIRST MEDIATION SESSION MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES PURSUANT TO R. 1:2-4(A). 3C. ANY PARTY MAY WITHDRAW FROM THE MEDIATION PROCESS AFTER THE EXPIRATION OF THE INITIAL ONE-HOUR IN-PERSON MEDIATION SESSION. WITHDRAWAL OF ONE OR MORE PARTIES FROM THE MEDIATION SHALL NOT PREVENT THE REMAINING PARTIES FROM CONTINUING WITH MEDIATION. 3D. LEAD PLAINTIFF'S COUNSEL SHALL BE RESPONSIBLE FOR PROVIDING THE MEDIATOR WITH AN UPDATED PARTY/COUNSEL LIST. 3E. THIS REFERRAL TO MEDIATION DOES NOT STAY DISCOVERY. MEDIATION UNDER THIS ORDER SHALL BE COMPLETED BY THE DISCOVERY END DATE. REGARDING MEDIATOR COMPENSATION 4. COMPENSATION OF PARTY-SELECTED OR COURT-DESIGNATED MEDIATORS SHALL BE HANDLED IN ACCORDANCE WITH THE "GUIDELINES FOR THE COMPENSATION OF MEDIATORS" CONTAINED IN APPENDIX XXVI OF THE RULES OF COURT. MEDIATORS ON THE ROSTER, WHETHER PARTY-SELECTED OR COURT-DESIGNATED, SHALL SERVE WITHOUT COMPENSATION FOR THE FIRST TWO HOURS, WHICH SHALL INCLUDE A MANDATORY ORGANIZATIONAL TELEPHONE CONFERENCE WITH COUNSEL AND PRO SE PARTIES AND AN IN-PERSON MEDIATION SESSION OF AT LEAST ONE HOUR. THE PARTIES MAY SELECT ANY MEDIATOR NOT ON THE ROSTER OF MEDIATORS AND SUCH NON-ROSTER MEDIATOR MAY NEGOTIATE A FEE WITH THE PARTIES, BUT IS BOUND BY ALL OTHER TERMS AND CONDITIONS OF THIS ORDER AND THE COURT'S MEDIATION PROCEDURES. 5. ANY INQUIRY REGARDING THE MEDIATION PROCESS OR THIS ORDER SHALL BE RESOLVED BY THE VICINAGE'S COMPLEMENTARY DISPUTE RESOLUTION (CDR) POINT PERSON. ______________________ J.S.C. C: COURT DESIGNATED MEDIATOR ALL PARTIES OR COUNSEL ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 4 of 5 Trans ID: LCV20224139469 ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 5 of 5 Trans ID: LCV20224139469 ESX COUNSEL & PARTY LIST ROBERTELLI SANDRA VS SOLOTOFF ERIC (L 009660 21) _______________________________________________________________ MARC W. GARBAR BERTONE PICCINI LLP 777 TERRACE AVENUE, HASBROUCK HGHTS NJ 076040000 (201) 483-9333 PARTY NAME ATTORNEY ADDRESS/TELEPHONE # ________________________________________________________________________________ SANDRA ROBERTELLI (PF) ALBERICO G. DE PIERRO DE PIERRO RADDING, LLC 000000000 - ERIC SOLOTOFF (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 ERIC SOLOTOFF (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 FOX ROTHCHILD (DF) BRIAN J. MOLLOY 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 FOX ROTHCHILD (DF) DANIEL J. KLUSKA 90 WOODBRIDGE CENTER DR STE 900 WILENTZ GOLDMAN & SPITZER PO BOX 10 WOODBRIDGE NJ 070950958 (732) 636-8000 ABC CORPORATION 1-10(DF) NO ATTORNEY NJ 000000000 XYZ LLC 1-10 (DF) NO ATTORNEY NJ 000000000 JOHN DOE 1-10 (DF) NO ATTORNEY NJ 000000000 JANE DOES 1-10 (DF) NO ATTORNEY NJ 000000000 DOE PARTNERSHIP 1-10(DF) NO ATTORNEY NJ 000000000 ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 1 of 2 Trans ID: LCV20224139469 ESX SUPERIOR COURT OF NEW JERSEY LAW DIVISION, CIVIL PART ESSEX COUNTY - CIVIL DIVISION DOCKET NO.L 009660 21 ROBERTELLI SANDRA VS SOLOTOFF ERIC CIVIL ACTION MEDIATION REFERRAL ORDER (NO STAY OF DISCOVERY) PURSUANT TO R. 1:40-1 ET SEQ., IT IS ON THIS FIFTH DAY OF DECEMBER 2022, ORDERED THAT: 1. THE PARTIES AND ATTORNEYS SHALL PARTICIPATE IN MEDIATION IN GOOD FAITH AND WITH A SENSE OF URGENCY. FAILURE TO DO SO MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES. REGARDING THE MEDIATOR SELECTION 2A. PARTIES MAY SELECT A MEDIATOR WITHIN 14 DAYS. IF THE PARTIES DESIGNATE A "PARTY SELECTED MEDIATOR" WITHIN 14 DAYS OF THE ENTRY OF THIS ORDER, LEAD PLAINTIFF'S COUNSEL SHALL PROVIDE TO THE CDR POINT PERSON AND THE INDIVIDUAL NAMED IN PARAGRAPH 2B BELOW, IN WRITING, THE NAME, ADDRESS, TELEPHONE AND E-MAIL ADDRESS OF THE SELECTED MEDIATOR. NAMES AND ADDRESSES OF THE CDR POINT PERSON MAY BE FOUND AT NJCOURTS.GOV UNDER CIVIL MEDIATION RESOURCES. 2B. MARC W. GARBAR (201) 483-9333 IS APPOINTED TO MEDIATE IF PARTIES DO NOT TIMELY DESIGNATE A PARTY SELECTED MEDIATOR. INFORMATION REGARDING THE APPOINTED MEDIATOR MAY BE OBTAINED AT NJCOURTS.GOV, CIVIL MEDIATION RESOURCES, UNDER CIVIL MEDIATOR SEARCH. REGARDING THE MEDIATION PROCESS 3A. THE MEDIATOR SHALL NOTIFY COUNSEL OF THE DATE AND TIME FOR AN ORGANIZATIONAL CONFERENCE CALL TO BE CONDUCTED WITHIN 35 DAYS OF THIS ORDER. THE MEDIATOR SHALL EXPLAIN THE MEDIATION PROCESS, SET GROUND RULES, FACILITATE FOCUSED INFORMATION EXCHANGE, AND IDENTIFY THOSE PERSONS WITH NEGOTIATING AUTHORITY NEEDED BY EACH SIDE TO PARTICIPATE IN THE MEDIATION PROCESS IN ORDER TO ASSIST IN EFFECTUATING A RESOLUTION OF THE CASE. IN CONSULTATION WITH COUNSEL, THE MEDIATOR SHALL SCHEDULE THE MEDIATION SESSION AND MAY REQUIRE THE ATTENDANCE OF THE PERSON(S) WITH AUTHORITY. 3B. FAILURE TO PARTICIPATE IN THE CONFERENCE CALL OR ATTEND THE FIRST MEDIATION SESSION MAY RESULT IN AN ASSESSMENT OF COSTS OR OTHER CONSEQUENCES PURSUANT TO R. 1:2-4(A). 3C. ANY PARTY MAY WITHDRAW FROM THE MEDIATION PROCESS AFTER THE EXPIRATION OF THE INITIAL ONE-HOUR IN-PERSON MEDIATION SESSION. WITHDRAWAL OF ONE OR MORE PARTIES FROM THE MEDIATION SHALL NOT PREVENT THE REMAINING PARTIES FROM CONTINUING WITH MEDIATION. 3D. LEAD PLAINTIFF'S COUNSEL SHALL BE RESPONSIBLE FOR PROVIDING THE MEDIATOR WITH AN UPDATED PARTY/COUNSEL LIST. 3E. THIS REFERRAL TO MEDIATION DOES NOT STAY DISCOVERY. MEDIATION UNDER THIS ORDER SHALL BE COMPLETED BY THE DISCOVERY END DATE. REGARDING MEDIATOR COMPENSATION 4. COMPENSATION OF PARTY-SELECTED OR COURT-DESIGNATED MEDIATORS SHALL BE HANDLED IN ACCORDANCE WITH THE "GUIDELINES FOR THE COMPENSATION OF MEDIATORS" CONTAINED IN APPENDIX XXVI OF THE RULES OF COURT. MEDIATORS ON THE ROSTER, WHETHER PARTY-SELECTED OR COURT-DESIGNATED, SHALL SERVE WITHOUT COMPENSATION FOR THE FIRST TWO HOURS, WHICH SHALL INCLUDE A MANDATORY ORGANIZATIONAL TELEPHONE CONFERENCE WITH COUNSEL AND PRO SE PARTIES AND AN IN-PERSON MEDIATION SESSION OF AT LEAST ONE HOUR. THE PARTIES MAY SELECT ANY MEDIATOR NOT ON THE ROSTER OF MEDIATORS AND SUCH NON-ROSTER MEDIATOR MAY NEGOTIATE A FEE WITH THE PARTIES, BUT IS BOUND BY ALL OTHER TERMS AND CONDITIONS OF THIS ORDER AND THE COURT'S MEDIATION PROCEDURES. 5. ANY INQUIRY REGARDING THE MEDIATION PROCESS OR THIS ORDER SHALL BE RESOLVED BY THE VICINAGE'S COMPLEMENTARY DISPUTE RESOLUTION (CDR) POINT PERSON. ______________________ J.S.C. C: COURT DESIGNATED MEDIATOR ESX-L-009660-21 12/06/2022 5:26:56 AM Pg 2 of 2 Trans ID: LCV20224139469 ALL PARTIES OR COUNSEL