On June 03, 2022 a
Letter,Correspondence
was filed
involving a dispute between
James E Haynes,
and
Cycle Gear,
Helmet House, Inc.,
Mellissa Veneck,
Michael R Veneck,
Motorcycleid,
Shoei Corporation,
Shoei Helmets-Northamerica,
Shoei Safety Helmetcorp.,
Xtreme Machines,
Zachary Veneck,
for Product Liability
in the District Court of Monmouth County.
Preview
MON-L-001524-22 11/15/2022 2:15:19 PM Pg 1 of 1 Trans ID: LCV20223946603
Michael P. J. Resciniti
Attorney at Law
700 State Highway Route 33, Millstone Twp., NJ 08535-9430
(732) 786-6064
Admitted: N.Y., N.J. & D.C. Bars Fax (732) 490-5635
November 15, 2022
Patrick J. Richardson, P.C.
4 Cornwall Drive, Suite 202
East Brunswick, NJ 08816
Frivolous Litigation Notice
RE: MON-L-1524-22 James E. Haynes, et al. v. Zachary Veneck, et al.
Dear Mr. Richardson:
This firm represents Xtreme Machines, LLC (“Xtreme”) regarding the above
referenced litigation. I have reviewed Xtreme’s business records and found no sale of any
helmet to Plaintiffs, and no nexus of conduct of any kind which would have caused or
contributed to Plaintiffs’ motor vehicle accident or injuries. Based upon said review,
naming Xtreme as a defendant (i) constitutes an improper use of judicial process intended
to harass or cause Xtreme to incur needless litigation costs, (ii) Plaintiffs’ claims fail to
state a factual basis upon which Xtreme can be found liable to Plaintiffs, (iii) the factual
allegations in the complaint lack the evidentiary support to have named Xtreme as a
defendant, (iv) Plaintiffs’ allegations lack specificity and fail to identify Xtreme’s alleged
unlawful or negligent conduct in any meaningful way, and (v) Plaintiffs’ disparagingly
casts Xtreme in false light by implying it acted in an unlawful or negligent manner.
Moreover, Xtreme does not design or make helmets. For said reasons, Xtreme believes
Plaintiffs’ having named Xtreme as a defendant in the above referenced litigation violates
Rule 1:4-8.
As such, Xtreme demands that Plaintiffs immediately withdraw its allegations
against Xtreme by dismissing same. If the claims against Xtreme are not withdrawn
within 28 days of service of this notice, Xtreme will make an application for sanctions
within a reasonable time thereafter.
If you would like to discuss this matter further, I can be reached at 732-786-
6064.
Sincerely,
M.P.J. Resciniti
Michael P.J. Resciniti
service via Ecourt filing only
Document Filed Date
November 15, 2022
Case Filing Date
June 03, 2022
Category
Product Liability
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MON-L-001524-22 11/15/2022 2:15:19 PM Pg 1 of 1 Trans ID: LCV20223946603 Michael P. J. Resciniti Attorney at Law 700 State Highway Route 33, Millstone Twp., NJ 08535-9430 (732) 786-6064 Admitted: N.Y., N.J. & D.C. Bars Fax (732) 490-5635 November 15, 2022 Patrick J. Richardson, P.C. 4 Cornwall Drive, Suite 202 East Brunswick, NJ 08816 Frivolous Litigation Notice RE: MON-L-1524-22 James E. Haynes, et al. v. Zachary Veneck, et al. Dear Mr. Richardson: This firm represents Xtreme Machines, LLC (“Xtreme”) regarding the above referenced litigation. I have reviewed Xtreme’s business records and found no sale of any helmet to Plaintiffs, and no nexus of conduct of any kind which would have caused or contributed to Plaintiffs’ motor vehicle accident or injuries. Based upon said review, naming Xtreme as a defendant (i) constitutes an improper use of judicial process intended to harass or cause Xtreme to incur needless litigation costs, (ii) Plaintiffs’ claims fail to state a factual basis upon which Xtreme can be found liable to Plaintiffs, (iii) the factual allegations in the complaint lack the evidentiary support to have named Xtreme as a defendant, (iv) Plaintiffs’ allegations lack specificity and fail to identify Xtreme’s alleged unlawful or negligent conduct in any meaningful way, and (v) Plaintiffs’ disparagingly casts Xtreme in false light by implying it acted in an unlawful or negligent manner. Moreover, Xtreme does not design or make helmets. For said reasons, Xtreme believes Plaintiffs’ having named Xtreme as a defendant in the above referenced litigation violates Rule 1:4-8. As such, Xtreme demands that Plaintiffs immediately withdraw its allegations against Xtreme by dismissing same. If the claims against Xtreme are not withdrawn within 28 days of service of this notice, Xtreme will make an application for sanctions within a reasonable time thereafter. If you would like to discuss this matter further, I can be reached at 732-786- 6064. Sincerely, M.P.J. Resciniti Michael P.J. Resciniti service via Ecourt filing only