Motion to Strike Initial Pleading in Bisceglie Donna Vs Mari,Inc. T/A Salon Kokopelli| Trellis.Law

On June 28, 2022 a Answer was filed involving a dispute between Donna Bisceglie, Jen Delaney, Johna Demont, and Abc Corps. 1-10, John Jane Does 1-10, Lisa Chafey, Marli, Inc., Mary Ball, Salon Kokopelli, for Employment (Other Than Cepa Or Lad) in the District Court of Monmouth County.

Preview
MON-L-001753-22 02/06/2023 11:52:58 AM Pg 1 of 2 Trans ID: LCV2023462534

Nicholas P. Milewski, Esq.
(N.J. Bar ID# 043992003)
METS SCHIRO & MCGOVERN, LLP
838 Green Street, Suite 102
Iselin, NJ 08830
(732) 636-0040
Email: nmilewski@msmlaborlaw.com
Attorneys for Plaintiffs Donna Bisceglie,
Johna Demont, Jen Delaney

DONNA BISCEGLIE, JOHNA SUPERIOR COURT OF NEW JERSEY
DEMONT, JEN DELANEY, MONMOUTH COUNTY: LAW DIVISION

Plaintiffs, Docket No.: MON-L-1753-22

v.
Civil Action

MARLI, INC. t/a SALON KOKOPELLI,
MARY BALL, LISA CHAFEY,
JOHN/JANE DOES 1-10, ABC CORPS. NOTICE OF MOTION TO SUPPRESS
1-10, DEFENDANTS’ PLEADINGS FOR
FAILURE TO MAKE DISCOVERY
Defendants.

TO: KRENKEL & KRENKEL, LLC
David A. Krenkel, Esq.
Atty ID: 001021995
Allenhurst, New Jersey 07711
(732) 531-9300
Attorneys for Defendants,
Salon Kokopelli, Mary Ball, Lisa Chafey

PLEASE TAKE NOTICE that on 3rd day of March 2023, or as soon thereafter as

counsel may be heard, Plaintiffs Donna Bisceglie, Johna Demont, Jen Delaney, by and

through her attorney Mets, Schiro & McGovern, LLP, on notice to Defendants Marli Inc. t/a

Salon Kokopelli, Mary Ball, Lisa Chafey, shall move to suppress Defendants’ Answer and

defenses without prejudice for failure to make discovery, pursuant to R. 4:23-5(a)(1).

1
MON-L-001753-22 02/06/2023 11:52:58 AM Pg 2 of 2 Trans ID: LCV2023462534

PLEASE TAKE FURTHER NOTICE that Plaintiff shall rely upon the Certification

of Counsel submitted herewith.

PLEASE TAKE FURTHER NOTICE that the within application is made pursuant

to R. 1:6-4, and the undersigned hereby requests oral argument in the event the motion is

opposed.

DATE OF PRE-TRIAL CONFERENCE: None.
DATE OF CASE MANAGEMENT: None.
DISCOVERY END DATE: June 15, 2023.
ARBITRATION DATE: None.
TRIAL DATE: None.
IN COMPLIANCE WITH RULE 1:6-4 the original of the within Notice of Motion

along with all supporting documents is this day being filed on e-Courts, with a courtesy copy

going to the Honorable Linda G. Jones, J.S.C.

\METS SCHIRO & MCGOVERN, LLP
Attorneys for Plaintiffs Donna Bisceglie,
Johna Demont, Jen Delaney

By: NICHOLAS P. MILEWSKI, ESQ.

Dated: February 6, 2023

2
MON-L-001753-22 02/06/2023 11:52:58 AM Pg 1 of 2 Trans ID: LCV2023462534

DONNA BISCEGLIE, JOHNA SUPERIOR COURT OF NEW JERSEY
DEMONT, JEN DELANEY, MONMOUTH COUNTY: LAW DIVISION

Plaintiffs, Docket No.: MON-L-1753-22

v.
Civil Action

MARLI, INC. t/a SALON KOKOPELLI,
MARY BALL, LISA CHAFEY,
JOHN/JANE DOES 1-10, ABC CORPS. ORDER GRANTING PLAINTIFFS’
1-10, MOTION TO SUPPRESS DEFENDANTS’
PLEADING FOR FAILURE
Defendants. TO MAKE DISCOVERY

THIS MATTER having come before the Court upon a Notice of Motion by Mets

Schiro & McGovern, LLP, attorneys for Plaintiffs Donna Bisceglie, Johna Demont, Jen

Delaney, for an Order granting Plaintiff’s motion to suppress Defendants Marli Inc. t/a Salon

Kokopelli, Mary Ball, Lisa Chafey’s Answer and defenses without prejudice for failure to

make discovery, pursuant to R. 23:5-(a)(1); and any opposition being filed; and the Court

having considered the papers filed herein, and having heard any oral argument granted; and,

for good cause shown and in the interest of justice;

IT IS, on this _____ day of____________________, 2023, hereby

ORDERED that the Plaintiff’s motion to suppress Defendants Marli Inc. t/a Salon

1
MON-L-001753-22 02/06/2023 11:52:58 AM Pg 2 of 2 Trans ID: LCV2023462534

Kokopelli, Mary Ball, Lisa Chafey’s Answer and defenses without prejudice for failure to

make discovery, pursuant to R. 23:5-(a)(1), be and is hereby GRANTED; and it is hereby

ORDERED that Defendants Marli Inc. t/a Salon Kokopelli, Mary Ball, Lisa Chafeys’

Answer and defenses be and are hereby suppressed without prejudice pursuant to R. 23:5-

(a)(1);

ORDERED that Defendants’ Answer and defenses be are hereby suppressed without

prejudice.

__________________________________
Honorable Linda G. Jones, J.S.C.
[ ] Opposed [ ] Unopposed

2
MON-L-001753-22 02/06/2023 11:52:58 AM Pg 1 of 5 Trans ID: LCV2023462534

DONNA BISCEGLIE, JOHNA SUPERIOR COURT OF NEW JERSEY
DEMONT, JEN DELANEY, MONMOUTH COUNTY: LAW DIVISION

Plaintiffs, Docket No.: MON-L-1753-22

v.
Civil Action

MARLI, INC. t/a SALON KOKOPELLI,
MARY BALL, LISA CHAFEY,
JOHN/JANE DOES 1-10, ABC CORPS. CERTIFICATION OF COUNSEL IN
1-10, SUPPORT OF PLAINTIFFS’ MOTION TO
SUPPRESS DEFENDANTS’ PLEADING
Defendants. FOR FAILURE TO MAKE DISCOVERY

I, NICHOLAS P. MILEWSKI, ESQ., being of full age, do hereby certify as follows:

1. I am an attorney in good standing licensed to practice in New Jersey. I am

counsel for the firm Mets Schiro & McGovern, LLP.

2. The firm of Mets Schiro & McGovern, LLP represents Plaintiffs Donna

Bisceglie, Johna Demont, Jen Delaney (“Plaintiffs”) in the above-captioned matter. In my

capacity as an attorney in said firm, I have knowledge and understanding of the facts and

circumstances underlying and relating to the above-captioned matter.

3. I make this certification in support of Plaintiffs’ motion to suppress the

Answer and defenses of Defendants Marli Inc. t/a Salon Kokopelli, Mary Ball, Lisa Chafey

1
MON-L-001753-22 02/06/2023 11:52:58 AM Pg 2 of 5 Trans ID: LCV2023462534

(collectively, “Defendants”) without prejudice for failure to make discovery pursuant to R.

4:23-5(a)(1).

4. This matter was filed on June 28, 2022, and the discovery end date is presently

June 15, 2023.

5. This motion is made within the discovery period pursuant to R. 4:24-2(a).

6. Plaintiffs were employed by Defendants as hair stylists and Defendants

withheld wages from Plaintiffs’ paychecks under the guise of paying for material to perform

their duties.

7. On or about October 7, 2022, Plaintiffs served Interrogatories and a Notice to

Produce Documents upon Defendants.

8. Defendants have not provided responses to the written discovery demands

from Plaintiff.

9. On or about December 12, 2022, Plaintiffs provided responses to all of

Defendants’ written discovery requests, and Plaintiffs are not in default as to any discovery

obligations owed to the delinquent party. There were no objections by Defendants to

Plaintiffs’ responses.

10. A good faith attempt to resolve the issues addressed in this motion has been

made pursuant to R. 1:6-2(c). Plaintiff’s counsel sent a letter to defense counsel dated January

19, 2023 demanding that Defendants provide responses to Plaintiff’s written discovery

demands within ten (10) days.

11. Plaintiffs’ January 19th letter explicitly constituted a good faith attempt to

resolve the issues set forth therein pursuant to R. 1:6-2(c). Plaintiffs’ letter stated that

Plaintiffs would be compelled to file a motion to suppress Defendant’s pleading pursuant to

R. 4:23-5(a)(1) if written discovery responses were not received within ten (10) days of the
2
MON-L-001753-22 02/06/2023 11:52:58 AM Pg 3 of 5 Trans ID: LCV2023462534

letter. There was no response from defense counsel. A copy of the undersigned’s letter to

defense counsel dated January 19, 2023 is annexed hereto as Exhibit “A.”

12. Accordingly, Plaintiffs hereby moves to suppress Defendants’ Answer and

defenses without prejudice pursuant to R. 4:23-5(a)(1) for Defendants’ failure to make

discovery.

13. The foregoing statements by me are true and accurate insofar as I am able to

ascertain. I am aware that, if the foregoing statements by me are willfully false, I am subject

to punishment.

METS SCHIRO & MCGOVERN, LLP
Attorneys for Plaintiffs Donna Bisceglie,
Johna Demont, Jen Delaney

By: NICHOLAS P. MILEWSKI, ESQ.

Dated: February 6, 2023

3
MON-L-001753-22 02/06/2023 11:52:58 AM Pg 4 of 5 Trans ID: LCV2023462534

Exhibit A
MON-L-001753-22 02/06/2023 11:52:58 AM Pg 5 of 5 Trans ID: LCV2023462534

January 19, 2023

Via Email (david.krenkel@krenkellaw.com)
David Krenkel, Esq.
Krenkel & Krenkel, LLC
107 Main Street
Allenhurst, New Jersey 07711

Re: Biscgelie, et al. v. Marli, Inc. t/a Salon Kokopelli, et al.
Docket No. MON-L-1753-22
Dear Mr. Krenkel:
As you are aware, this firm is counsel to Plaintiffs Donna Bisceglie, Johna Demont and
Jen Delaney in regard to the above-referenced matter. Please be advised that this
correspondence will constitute a good faith attempt to resolve the issues set forth herein
pursuant to R. 1:6-2(c).
Plaintiffs served written discovery demands upon Defendants on or about October 7,
2022. Please produce Defendant’s written discovery responses within the next ten (10) days.
If Defendant’s responses are not received within ten (10) days, Plaintiff will move to suppress
Defendant’s Answer and defenses pursuant to R. 4:23-5(a)(1).
Thank you for your prompt attention to this matter. If you have any questions or comments,
please do not hesitate to contact me at nmilewski@msmlaborlaw.com or (732) 547-5971.

Very truly yours,
METS, SCHIRO & MCGOVERN, LLP

Nicholas P. Milewski, Esq.

NPM/sv

cc: clients
MON-L-001753-22 02/06/2023 11:52:58 AM Pg 1 of 1 Trans ID: LCV2023462534

DONNA BISCEGLIE, JOHNA DEMONT, SUPERIOR COURT OF NEW JERSEY
JEN DELANEY, MONMOUTH COUNTY: LAW DIVISION

Plaintiffs, Docket No.: MON-L-1753-22

v.
Civil Action

MARLI, INC. t/a SALON KOKOPELLI,
MARY BALL, LISA CHAFEY,
JOHN/JANE DOES 1-10, ABC CORPS. 1- CERTICATION OF SERVICE
10,

Defendants.

I, Siobhan Vassallo, hereby certify as follows:

1. I am a paralegal at the firm of Mets Schiro & McGovern, LLP.

2. On February 6, 2022, I caused to be served via eCourts and regular mail one (1) Plaintiffs Notice

of Motion to Suppress Defendants’ Pleading for Failure to Make Discovery, Attorney Certification,

Proposed Order and Certification of Service upon:

Honorable Linda G. Jones, J.S.C
Monmouth County Superior Court
71 Monument Street
Freehold, New Jersey 07728

And one (1) copy of same via email upon:

David A. Krenkel, Esq.
Krenkel & Krenkel, LLC
107 Main Street
Allenhurst, New Jersey 07711
Email: david.krenkel@krenkellaw.com

I certify that the foregoing statements made by me are true to the best of my knowledge and belief.

If any of the foregoing statement made by me are willfully false, I am subject to punishment.

/s/ Siobhan Vassallo
Siobhan Vassallo

Dated: February 6, 2023

Case Info

Judge

Linda G Jones Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

February 06, 2023

Case Filing Date

June 28, 2022

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Answer: Bisceglie Donna Vs Mari,Inc. T/A Salon Kokopelli

Preview

Case Info

Parties