Motion to Extend Discovery Cut-Off Date in Eugene Bernice Vs The State Of New Jer Sey| Trellis.Law

On January 27, 2023 a Motion,Ex Parte was filed involving a dispute between Bernice Eugene, Enriko Alida, and 0 Abc Corporations 1-1, John Does 1-10, John Weitman, Spotswood Board Of Education, The State Of New Jersey, The Town Of Spotswood, for Personal Injury in the District Court of Middlesex County.

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MID-L-000503-23 05/17/2023 10:26:13 AM Pg 1 of 9 Trans ID: LCV20231563915

BIANCAMANO & DI STEFANO P.C.
Robert Arce, Esq./ Attorney ID #000611983
Executive Plaza - Suite 300
10 Parsonage Road
Edison, NJ 08837
Telephone: 732-549-0220
Attorneys for Defendants, Spotswood Board of Education and John Weitman
BERNICE EUGENE and ENRIKO ALDIA, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Plaintiff(s), DOCKET NO: MID-L-503-23
v.
Civil Action
THE STATE OF NEW JERSEY; THE TOWN
OF SPOTSWOOD; SPOTSWOOD BOARD OF NOTICE OF MOTION TO DISMISS PLAINTIFFS’
EDUCATION; JOHN WEITMAN; ABC COMPLAINT FOR FAILURE TO PROVIDE
CORPORATIONS 1- 10 AND JOHN DOWS 1- DISCOVERY, PURSUANT TO RULE 4:23-5(a)(1)
10.
(Returnable June 9, 2023)
Defendant(s).

TO: Motions Clerk – Civil/ Law Division
Middlesex County Superior Court
56 Paterson Street
New Brunswick, NJ 08903

ON NOTICE TO: Stephen Liakas, Esq.
Liakas Law
40 Wall Street - 50th Floor
New York, NY 10005
Attorney for Plaintiff

Bernadette Dronson, Esq.
Deputy Attorney General
R.J. Hughes Justice Complex
25 Market Street
PO Box 116
Trenton, NJ 08625
Attorney for Defendant, State of New Jersey

John A. Camassa, Esq.
Camassa Law Firm, PC
1800 Route 34
Building 3, Suite 303
Wall, NJ 07719
Attorney for Defendant, Borough of Spotswood i/p/a The Town of Spotswood only

SIRS or MADAMS:

PLEASE TAKE NOTICE that on Friday, June 9, 2023, at nine o’clock in the forenoon, or as

soon thereafter as counsel may be heard, the undersigned, Attorneys for the Defendants, Spotswood
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Board of Education and John Weitman, will apply to the Court at the Middlesex County Court House

in New Brunswick, New Jersey, for an Order dismissing Plaintiffs’ Complaint without prejudice for

failure to provide discovery pursuant to Rule 4:23-5(a)(1).

PLEASE TAKE FURTHER NOTICE that the Defendants shall rely upon the annexed

Certification in lieu of affidavit of counsel in support of the Court’s granting and signing of said

proposed Order submitted, together with this Notice of Motion.

PLEASE TAKE FURTHER NOTICE that in accordance with Rule 1:6-2, if there is any

opposition to this Motion by counsel, they are required to file with the Clerk of the County and make

service upon all counsel no later than eight days prior to the hearing date of this Motion, any moving

papers in opposition to the Motion.

ORAL ARGUMENT IS REQUESTED IF OPPOSITION IS FILED.

BIANCAMANO & DiSTEFANO, P.C.
Attorneys for Defendants, Spotswood Board of Education and
John Weitman

By: ____________________________
ROBERT ARCE, ESQ.

Dated: May 15, 2023

STATUS OF CASE:

ARBITRATION: NONE
PRETRIAL CONFERENCE: NONE
CALENDAR CALL: NONE
TRIAL DATE: NONE
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BIANCAMANO & DI STEFANO P.C.
Robert Arce, Esq./ Attorney ID #000611983
Executive Plaza - Suite 300
10 Parsonage Road
Edison, NJ 08837
Telephone: 732-549-0220
Attorneys for Defendants, Spotswood Board of Education and John Weitman
BERNICE EUGENE and ENRIKO ALDIA, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Plaintiff(s), DOCKET NO: MID-L-503-23
v.
Civil Action
THE STATE OF NEW JERSEY; THE TOWN
OF SPOTSWOOD; SPOTSWOOD BOARD OF
EDUCATION; JOHN WEITMAN; ABC
CORPORATIONS 1- 10 AND JOHN DOWS 1- CERTIFICATION OF COUNSEL
10.

Defendant(s).

I, Robert Arce, of full age, upon my oath, certify and say:

1. I am an Attorney-At-Law of the State of New Jersey with the law firm of Biancamano &

DiStefano, P.C., attorneys for the Defendants, Spotswood Board of Education and John

Weitman, in the above-captioned matter. I have been assigned the handling of this matter,

and am familiar with all facts surrounding this file.

2. Discovery in this matter is currently scheduled to end on December 26, 2023.

3. On or about March 7, 2023, a demand was made of Plaintiffs for certified Answers to Form A,

Supplemental Interrogatories, and Notice to Produce, within the time provided by the Rules

of Court. (See attached Exhibit A).

4. On April 10, 2023, a follow-up letter was forwarded to the Plaintiffs’ counsel requesting

certified Answers to Interrogatories and a response to the Notice to Produce on behalf of

Plaintiffs. (See attached Exhibit B).

5. On April 24, 2023, an additional follow-up letter was forwarded to the Plaintiffs’ counsel

requesting certified Answers to Interrogatories and a response to the Notice to Produce on

behalf of Plaintiffs. (See attached Exhibit B).
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6. To date, we have not received Plaintiffs’ certified Answers to Interrogatories nor a response

to the Notice to Produce, and same are overdue.

7. This Defendant is not overdue in any discovery obligations.

8. I make this Certification in support of a Motion seeking an Order dismissing the Plaintiffs’

Complaint without prejudice for failure to comply with discovery, pursuant to R. 4:23-

5(a)(1).

I certify that the foregoing statements made by me are true. I am aware that if the foregoing

statements made by me are willfully false, I am subject to punishment.

BIANCAMANO & DiSTEFANO, P.C.
Attorneys for Defendants, Spotswood Board of Education and
John Weitman

By: ____________________________
ROBERT ARCE, ESQ.

Dated: May 15, 2023
MID-L-000503-23 05/17/2023 10:26:13 AM Pg 5 of 9 Trans ID: LCV20231563915

BIANCAMANO & DI STEFANO P.C.
Robert Arce, Esq./ Attorney ID #000611983
Executive Plaza - Suite 300
10 Parsonage Road
Edison, NJ 08837
Telephone: 732-549-0220
Attorneys for Defendants, Spotswood Board of Education and John Weitman
BERNICE EUGENE and ENRIKO ALDIA, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Plaintiff(s), DOCKET NO: MID-L-503-23
v.
Civil Action
THE STATE OF NEW JERSEY; THE TOWN
OF SPOTSWOOD; SPOTSWOOD BOARD OF
EDUCATION; JOHN WEITMAN; ABC
CORPORATIONS 1- 10 AND JOHN DOWS 1- CERTIFICATION OF MAILING
10.

Defendant(s).
I, Jennifer S. Gzemski, do hereby certify that:

1. I am employed by the law firm of Biancamano & DiStefano, P.C., 10 Parsonage Road, Suite
300, Executive Plaza, Edison, New Jersey as a legal assistant.

2. On May 15, 2023, the original of the within Notice of Motion with a proposed form of order
was forwarded for filing with the Motion’s Clerk of Middlesex County via electronic filing,
with a courtesy copy via Lawyers Service to Judge Ana C. Viscomi and a copy of all moving
papers were served upon the following counsel of record via electronic filing:

Stephen Liakas, Esq.
Liakas Law
40 Wall Street - 50th Floor
New York, NY 10005

Bernadette Dronson, Esq.
Deputy Attorney General
R.J. Hughes Justice Complex
25 Market Street
PO Box 116
Trenton, NJ 08625

John A. Camassa, Esq.
Camassa Law Firm, PC
1800 Route 34
Building 3, Suite 303
Wall, NJ 07719

Jennifer Gzemski
___________________________________
Jennifer S. Gzemski, Legal Assistant
Dated: May 15, 2023
MID-L-000503-23 05/17/2023 10:26:13 AM Pg 6 of 9 Trans ID: LCV20231563915

BIANCAMANO & DI STEFANO P.C.
Robert Arce, Esq./ Attorney ID #000611983
Executive Plaza - Suite 300
10 Parsonage Road
Edison, NJ 08837
Telephone: 732-549-0220
Attorneys for Defendants, Spotswood Board of Education and John Weitman
BERNICE EUGENE and ENRIKO ALDIA, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Plaintiff(s), DOCKET NO: MID-L-503-23
v.
Civil Action
THE STATE OF NEW JERSEY; THE TOWN
OF SPOTSWOOD; SPOTSWOOD BOARD OF
EDUCATION; JOHN WEITMAN; ABC
CORPORATIONS 1- 10 AND JOHN DOWS 1- ORDER
10.

Defendant(s).

THIS MATTER being opened to the Court by the law firm of Biancamano & DiStefano, P.C.,

Attorneys for the Defendants, Spotswood Board of Education and John Weitman, and, for other good

cause shown;

IT IS on this _________ day of ________________, 2023;

ORDERED that the Complaint of the Plaintiffs, Bernice Eugene and Enriko Aldia, be and the

same is hereby dismissed without prejudice for failure to provide discovery pursuant to Rule 4:23-

5(a)(1); and

IT IS FURTHER ORDERED that the within Order shall be deemed automatically served upon

all counsel simultaneously with its online posting in E-Courts in accordance with Rule 1:5-1(a).

______________
J.S.C.

Unopposed

Opposed
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EXHIBIT A
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EXHIBIT B
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EXHIBIT C
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THE STATE OF NEW JERSEY; THE
TOWN OF SPOTSWOOD;
SPOTSWOOD BOARD OF ORDER
EDUCATION; JOHN WEITMAN; ABC
CORPORATIONS 1- 10 AND JOHN
DOWS 1-10.

Defendant(s).

THIS MATTER being opened to the Court by the law firm of Biancamano &

DiStefano, P.C., Attorneys for the Defendants, Spotswood Board of Education and John

Weitman, and, for other good cause shown;

IT IS on this _________ day of ________________, 2023;

ORDERED that the Complaint of the Plaintiffs, Bernice Eugene and Enriko

Aldia, be and the same is hereby dismissed without prejudice for failure to provide

discovery pursuant to Rule 4:23-5(a)(1); and

IT IS FURTHER ORDERED that the within Order shall be deemed

automatically served upon all counsel simultaneously with its online posting in E-

Courts in accordance with Rule 1:5-1(a).

______________
J.S.C.

Unopposed

Opposed
MID-L-000503-23 05/17/2023 10:26:13 AM Pg 1 of 3 Trans ID: LCV20231563915

JOSEPH V. BIANCAMANO
BIANCAMANO & DI STEFANO
ANTHONY R. DISTEFANO (retired)
MATTHEW GITTERMAN+ PENNSYLVANIA LOCATION:
A Professional Corporation
GEORGE KAROUSATOS*
FREDERIC PEPE ATTORNEYS AT LAW
2444 Huntingdon Pike
LAWRENCE F. CITRO**++ Bethayres, PA 19006
ROBERT ARCE PHONE: (215) 360-3192
ROBERT B. DENNER Executive Plaza
JAMES PASSANTINO* 10 Parsonage Road
ANDREW MARRA
DANIEL A. LYNN+ Suite 300 Firm Website:
_______________
Edison, New Jersey 08837 www.bdlawfirm.com
SHARON LATORACCA*
DEBORAH W. BRENNER
ROBERT H. KLAUSNER PHONE: (732) 549-0220
JAMES G. SERRITELLA
JAMES E. SANTOMAURO * FAX: (732) 549-0068 *NJ & PA BARS
DANIEL J. GIORDANO* **NJ & NY BARS
CHRISTOPHER M. CAMPOREALE +CERTIFIED BY THE SUPREME COURT
DEREK R. SVENDSEN** OF NEW JERSEY AS A WORKERS’
RACHEL K. HALL COMPENSATION LAW ATTORNEY
CHRISTOPHER C. HARRIS ++CERTIFIED BY THE SUPREME
_________________ COURT OF NEW JERSEY AS A CIVIL
TRIAL ATTORNEY
OF COUNSEL
ANTHONY C. FAMULARI (RETIRED)
March 7, 2023

Via Email
Stephen J. Liakas, Esq.
Liakas Law
40 Wall Street
50th Floor
New York, NY 10005

Re: Bernice Eugene and Enriko Alida v. Spotswood Board of Education, et al
Claim No.: 21AL00057H
Docket No.: MID-L-503-23
Our File No.: 20054-03912 RXA

Dear Mr. Liakas:

Enclosed please find a filed copy of Defendants, Spotswood Board of Education and John Weitman’s
Answer to Complaint, Affirmative Defenses, Counterclaim, Answer to All Counterclaims, Notice of
Allocation, Request for Damages, Designation of Trial Counsel and Jury Demand in the above matter.

Additionally, enclosed please find the following discovery demands directed to your client in the
above matter:

• Form A Interrogatories to be Answered individually by Plaintiffs;
• Prior/Subsequent Interrogatories to be Answered by Plaintiffs individually;
• Notice to Produce.

Kindly have your clients individually respond to the discovery requests within the time prescribed by
the Rules of Court.
MID-L-000503-23 05/17/2023 10:26:13 AM Pg 2 of 3 Trans ID: LCV20231563915

2|P a g e
March 7, 2023
Bernice Eugene and Enriko Alida v. Spotswood Board of Education, et
Docket No.: MID-L-503-23
Our File No.: 20054-03912 RXA

Thank you for your courtesy and cooperation with respect to this matter.

Very truly yours,

Robert Arce, Esq.
r.arce@bdlawfirm.com

RXA/jsg
Enclosures
MID-L-000503-23 05/17/2023 10:26:13 AM Pg 3 of 3 Trans ID: LCV20231563915

JOSEPH V. BIANCAMANO
BIANCAMANO & DI STEFANO
ANTHONY R. DISTEFANO (retired)
MATTHEW GITTERMAN+ PENNSYLVANIA LOCATION:
A Professional Corporation
GEORGE KAROUSATOS*
FREDERIC PEPE ATTORNEYS AT LAW
2444 Huntingdon Pike
LAWRENCE F. CITRO**++ Bethayres, PA 19006
ROBERT ARCE PHONE: (215) 360-3192
ROBERT B. DENNER Executive Plaza
JAMES PASSANTINO* 10 Parsonage Road
ANDREW MARRA
DANIEL A. LYNN+ Suite 300 Firm Website:
_______________
Edison, New Jersey 08837 www.bdlawfirm.com
SHARON LATORACCA*
DEBORAH W. BRENNER
ROBERT H. KLAUSNER PHONE: (732) 549-0220
JAMES G. SERRITELLA
JAMES E. SANTOMAURO * FAX: (732) 549-0068 *NJ & PA BARS
DANIEL J. GIORDANO* **NJ & NY BARS
CHRISTOPHER M. CAMPOREALE +CERTIFIED BY THE SUPREME COURT
DEREK R. SVENDSEN** OF NEW JERSEY AS A WORKERS’
RACHEL K. HALL COMPENSATION LAW ATTORNEY
CHRISTOPHER C. HARRIS ++CERTIFIED BY THE SUPREME
Matthew g. minor++ COURT OF NEW JERSEY AS A CIVIL
_________________ TRIAL ATTORNEY

OF COUNSEL
ANTHONY C. FAMULARI (RETIRED)
April 24, 2023
THIRD REQUEST

Via Email
Stephen J. Liakas, Esq.
Liakas Law
40 Wall Street
50th Floor
New York, NY 10005

Re: Bernice Eugene and Enriko Alida v. Spotswood Board of Education, et al
Claim No.: 21AL00057H
Docket No.: MID-L-503-23
Our File No.: 20054-03912 RXA

Dear Mr. Liakas:

By letter dated March 7, 2023 and follow up on April 10, 2023, this office propounded Form A
Interrogatories, Supplemental Interrogatories and a Notice to Produce upon your client.

Responses to said discovery demands are now overdue. I would ask that you provide same to this
office within the next five (5) days in order to avoid unnecessary application to the Court.

Thank you for your anticipated cooperation with regard to this matter.

Very truly yours,

Robert Arce, Esq.
r.arce@bdlawfirm.com

RXA/jsg
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Via Electronic Filing
Motion Clerk – Civil/Law Division
Middlesex County Superior Court
56 Paterson Street
New Brunswick, NJ 08903

RE: Bernice Eugene and Enriko Alida v. Spotswood Board of Education, et al
Claim No.: 21AL00057H
Docket No.: MID-L-503-23
Our File No.: 20054-03912 RXA

Dear Sir/Madam:

Please find enclosed a Motion to Dismiss Complaint for Failure to Provide Discovery on behalf of the
Defendant, Spotswood Board of Education, with regard to the within matter. Said motion is returnable June
9, 2023.

Please file same at this time and charge our Account No. 140458. Thank you.

Very truly yours,

Robert Arce, Esq.
r.arce@bdlawfirm.com
RXA/jsg
Enclosure
cc: Stephen J. Liakas, Esq. – via E-file
Bernadette Dronson, Esq. – via E-file
John A. Camassa, Esq. – via E-file

Case Info

Judge

Ana C Viscomi Track Judge’s New Case

Case No.

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Document Filed Date

May 17, 2023

Case Filing Date

January 27, 2023

County

Parties

0 Abc Corporations 1-1 Defendant
Bernadette Ann Dronson Attorney for the Defendant
Bernice Eugene Plaintiff
Enriko Alida Plaintiff
John Anthony Camassa Attorney for the Defendant
John Does 1-10 Defendant
John Weitman Defendant
Robert Arce Attorney for the Defendant
Spotswood Board Of Education Defendant
Stephen John Liakas Attorney for the Plaintiff
The State Of New Jersey Defendant
The Town Of Spotswood Defendant

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Motion,Ex Parte: Eugene Bernice Vs The State Of New Jer Sey

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