On August 31, 2022 a
Motion-Secondary
was filed
involving a dispute between
Freddie Fernandez,
and
Abc Corp 1-10,
Government Employeesinsurance,
Ilir Kariqi,
John Doe 1-10,
for Auto Negligence-Personal Injury (Verbal Threshold)
in the District Court of Essex County.
Preview
ESX-L-005177-22 10/18/2022 4:46:36 PM Pg 1 of 2 Trans ID: LCV20223690655
200 Broadacres Drive, Suite 180, Bloomfield, New Jersey 07003-3156
973-777-8600 973-777-8645
www.fredsonstatmore.com
BARRY FREDSON (Retired) ✽ ☐ ○ ✽ CERTIFIED BY THE SUPREME COURT
ANDREW L. STATMORE ☐ ○ ♢ ☆ OF NJ AS A CIVIL TRIAL ATTORNEY
LANCE J. BITTERMAN ☐ ☐ MEMBER NEW JERSEY BAR
NICHOLAS J. WALTMAN ☐ ○ ○ MEMBER NEW YORK BAR
NEIL R. MARION ☐ ○ ♢ MEMBER FLORIDA BAR
RONALD W. SOLARES ☐ ○ ☆ MEMBER D.C. BAR
ARJUN A. SHARMA ☐ ○
ALEXANDRA LOPRETE ☐ ○
MAYRA SUAZO-AQUINO☐ ○
October 18, 2022
Honorable Cynthia D Santomauro, J.S.C.
Superior Court of New Jersey
Essex County - Law Division
Historic Courthouse
470 Martin Luther King Jr. Blvd.
Newark, New Jersey 07102
Re: Fernandez, Freddie Vs Kariqi Ilir
Docket No.: ESX-L-5177-22
Dear Judge Santomauro:
Please accept this letter brief in lieu of a more formal brief, as Plaintiff’s opposition to the
Defendant’s Motion to Transfer Venue. The Defendant’s Motion is currently returnable before
the Court on November 4, 2022.
In its motion, the Defendant requests an Order from this Court transferring the venue of this matter
from Essex County to Passaic County. According to the Defendant, venue was improperly laid in
Essex County, as neither the location of the accident, nor the residency of the parties have any
connection to Essex County. Such an argument, however, is entirely without merit based upon the
reasons set forth below.
According to R. 4:3-2(a) venue is proper in a county in which any party to the action resides. R.
4:3-2(b) states that a corporation is deemed to reside in the county in which its registered office is
located or in any county in which it is actually doing business. In the within matter, Defendant,
Government Employees Insurance Company is named as a direct Defendant for purposes of
uninsured/underinsured motorist benefits.
ESX-L-005177-22 10/18/2022 4:46:36 PM Pg 2 of 2 Trans ID: LCV20223690655
Noting that the insurance carrier defendant is a corporation, and clearly does business in Essex
County, venue was properly laid in Essex County at the time the Complaint was filed.
Assumingly, the Defendant is seeking to transfer the within matter from Essex County to Passaic
County for strategic purposes. However, the Rules of Court clearly dictate that Essex County is
the proper venue in this matter and Defendant is time barred from bringing the within Motion. As
such, this matter should respectfully, remain in Essex County and Defendant’s Motion should be
denied in its entirety.
Respectfully submitted,
FREDSON STATMORE BITTERMAN, LLC
/s/ Nicholas J. Waltman
BY: NICHOLAS J. WALTMAN, ESQ.
cc: All Counsel
Document Filed Date
October 18, 2022
Case Filing Date
August 31, 2022
Category
Auto Negligence-Personal Injury (Verbal Threshold)
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Preview
ESX-L-005177-22 10/18/2022 4:46:36 PM Pg 1 of 2 Trans ID: LCV20223690655 200 Broadacres Drive, Suite 180, Bloomfield, New Jersey 07003-3156 973-777-8600 973-777-8645 www.fredsonstatmore.com BARRY FREDSON (Retired) ✽ ☐ ○ ✽ CERTIFIED BY THE SUPREME COURT ANDREW L. STATMORE ☐ ○ ♢ ☆ OF NJ AS A CIVIL TRIAL ATTORNEY LANCE J. BITTERMAN ☐ ☐ MEMBER NEW JERSEY BAR NICHOLAS J. WALTMAN ☐ ○ ○ MEMBER NEW YORK BAR NEIL R. MARION ☐ ○ ♢ MEMBER FLORIDA BAR RONALD W. SOLARES ☐ ○ ☆ MEMBER D.C. BAR ARJUN A. SHARMA ☐ ○ ALEXANDRA LOPRETE ☐ ○ MAYRA SUAZO-AQUINO☐ ○ October 18, 2022 Honorable Cynthia D Santomauro, J.S.C. Superior Court of New Jersey Essex County - Law Division Historic Courthouse 470 Martin Luther King Jr. Blvd. Newark, New Jersey 07102 Re: Fernandez, Freddie Vs Kariqi Ilir Docket No.: ESX-L-5177-22 Dear Judge Santomauro: Please accept this letter brief in lieu of a more formal brief, as Plaintiff’s opposition to the Defendant’s Motion to Transfer Venue. The Defendant’s Motion is currently returnable before the Court on November 4, 2022. In its motion, the Defendant requests an Order from this Court transferring the venue of this matter from Essex County to Passaic County. According to the Defendant, venue was improperly laid in Essex County, as neither the location of the accident, nor the residency of the parties have any connection to Essex County. Such an argument, however, is entirely without merit based upon the reasons set forth below. According to R. 4:3-2(a) venue is proper in a county in which any party to the action resides. R. 4:3-2(b) states that a corporation is deemed to reside in the county in which its registered office is located or in any county in which it is actually doing business. In the within matter, Defendant, Government Employees Insurance Company is named as a direct Defendant for purposes of uninsured/underinsured motorist benefits. ESX-L-005177-22 10/18/2022 4:46:36 PM Pg 2 of 2 Trans ID: LCV20223690655 Noting that the insurance carrier defendant is a corporation, and clearly does business in Essex County, venue was properly laid in Essex County at the time the Complaint was filed. Assumingly, the Defendant is seeking to transfer the within matter from Essex County to Passaic County for strategic purposes. However, the Rules of Court clearly dictate that Essex County is the proper venue in this matter and Defendant is time barred from bringing the within Motion. As such, this matter should respectfully, remain in Essex County and Defendant’s Motion should be denied in its entirety. Respectfully submitted, FREDSON STATMORE BITTERMAN, LLC /s/ Nicholas J. Waltman BY: NICHOLAS J. WALTMAN, ESQ. cc: All Counsel