Motion to Compel Discovery in Bello Jeffrey Vs Cadillac| Trellis.Law

On March 22, 2018 a Motion,Ex Parte was filed involving a dispute between Jeffrey Bello, and 0 Abc Corporations 1-1, Airsept Inc, Cadillac, Chris C Roffey, Daniel E Berce, Esis Inc, General Motors Financial Compa, General Motors Holdings Llc, General Motors Llc, Holman Cadillac, Jane Does 1-10, John Does 1-10, John Nevitt, Joshua Preister, Kerbeck Cadillac Inc, Mary T Barra, Melinda K Holman, Michael Schwab, Patrick R Burley, Product Defense Investigative, Steven Mattern, Tammy Ward, for Product Liability in the District Court of Burlington County.

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WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
Anne M. Dalena (Attorney #019021990)
Benjamin S. Muzi, Esq. (Attorney #261342017)
200 Campus Drive
Florham Park, New Jersey 07932
Tel: (973) 624-0800 Fax: (973) 624-0808
Attorneys for Defendant AirSept Inc.

JEFFREY BELLO, : SUPERIOR COURT OF NEW JERSEY
: LAW DIVISION: BURLINGTON COUNTY
Plaintiff,
: DOCKET NO.: BUR–L-638-18
v. :
:
CADILLAC, a division of : CIVIL ACTION
GENERAL MOTOR COMPANY, et :
al, GENERAL MOTORS HOLDINGS, :
NOTICE OF MOTION TO COMPEL
LLC; GENERAL MOTORS, LLC :
DISCOVERY
HOLMAN CADILLAC, a division of :
HOLMAN AUTOMOTIVE, INC.; :
ESIS GENERAL MOTORS, a wholly :
owned Subsidiary of THE CHUBB :
CORPORATION; KERBECK :
CADILLAC, INC.; GENERAL :
MOTORS FINANCIAL COMPANY, :
INC., a wholly owned Subsidiary of :
GENERAL MOTORS COMPANY; :
:
AIRSEPT, INC.; PRODUCT :
DEFENSE INVESTIGATIVE :
SERVICES, LLC; MARY T. BARRA; :
DANIEL E. BERCE; MELINDA K. :
HOLMAN; MICHAEL SCHWAB :
STEVEN MATTERN; CHRIS C. :
ROFFEY; JOSHUA PREISTER; :
TAMMY WARD; JOHN NEVITT; :
PATRICK RONALD BURLEY :
JOHN/JANE DOES #1-10 and/or ABC :
CORPORATIONS #1-10, Fictitious :
Corporations and/or Commercial
Entities, j/s/a
Defendants.

TO: Jeffrey M. Bello

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143 E. Warren Street
Edgewater Park, NJ 08010
Plaintiff Pro Se

Monica V. Pennisi Marsico, Esquire
Ricci Tyrrell Johnson & Grey
Willow Ridge Executive Office Park
750 Route 73 South, Suite 202B
Marlton, NJ 08053
Attorneys for Defendant GM LLC et al.

David G. Murphy Esquire
Reed Smith LLP
Princeton Forrestal Village
136 Main Street, Suite 250
Princeton, NJ 08540
Attorneys for Defendant GM Financial

PLEASE TAKE NOTICE that on Friday, April 12, 2019, at 9:00 O’clock in the

forenoon or as soon thereafter as counsel may be heard, the undersigned, Wilson, Elser,

Moskowitz, Edelman & Dicker, LLP, attorneys for Defendant AirSept Inc., will apply to the

Superior Court of New Jersey, Law Division, Burlington County for an Order, pursuant to R.

4:23-5(c) compelling Plaintiff Pro Se, Jeffrey Bello, to produce responses to Defendant’s

discovery demands and for such other relief as this Court deems proper.

PLEASE TAKE FURTHER NOTICE that in support of the instant motion, counsel for

Defendant AirSept Inc. will rely upon the enclosed Certification of Benjamin S. Muzi, Esq.

PLEASE TAKE FURTHER NOTICE that Defendant AirSept Inc. does not request

oral argument.

PLEASE TAKE FURTHER NOTICE that a proposed form of Order is enclosed

pursuant to R. 1:6-2.

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WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
Attorneys for Defendant AirSept Inc.

By: /s/ Benjamin S. Muzi
BENJAMIN S. MUZI
Dated: March 18, 2019

Superior Court Motions Check List:

Discovery End Date: August 30, 2019
Pretrial Date: November 4, 2019
Trial Date: December 9, 2019

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JEFFREY BELLO, : SUPERIOR COURT OF NEW JERSEY
: LAW DIVISION: BURLINGTON COUNTY
Plaintiff,
: DOCKET NO.: BUR–L-638-18
v. :
:
CADILLAC, a division of : CIVIL ACTION
GENERAL MOTOR COMPANY, et al, :
GENERAL MOTORS HOLDINGS, :
ORDER
LLC; GENERAL MOTORS, LLC :
HOLMAN CADILLAC, a division of :
HOLMAN AUTOMOTIVE, INC.; :
ESIS GENERAL MOTORS, a wholly :
owned Subsidiary of THE CHUBB :
CORPORATION; KERBECK :
CADILLAC, INC.; GENERAL :
MOTORS FINANCIAL COMPANY, :
INC., a wholly owned Subsidiary of :
GENERAL MOTORS COMPANY; :
:
AIRSEPT, INC.; PRODUCT :
DEFENSE INVESTIGATIVE :
SERVICES, LLC; MARY T. BARRA; :
DANIEL E. BERCE; MELINDA K. :
HOLMAN; MICHAEL SCHWAB :
STEVEN MATTERN; CHRIS C. :
ROFFEY; JOSHUA PREISTER; :
TAMMY WARD; JOHN NEVITT; :
PATRICK RONALD BURLEY :
JOHN/JANE DOES #1-10 and/or ABC :
CORPORATIONS #1-10, Fictitious :
Corporations and/or Commercial
Entities, j/s/a
Defendants.
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AND NOW, this ______ day of ____________, 2019, upon consideration of the Motion

to Compel on behalf of AirSept Inc. and any response thereto, and the Court having considered

the papers submitted by the parties, and for good cause shown:

IT IS hereby ORDERED that said motion is GRANTED. Plaintiff must provide full and

complete answers to the Form A and A (2) Interrogatories of the above defendants within (10)

days of the date of this order.

It is FURTHER ORDERED that plaintiff must provide full and complete answers and

identify and produce responsive documents to the Defendants’ Request for Production of

Documents Nos. 1-3, 6-7 and 9-40 within (10) days of the date of this Order;

It is FURTHER ORDERED, that a copy of this Order shall be served upon all parties

within seven (7) days of the date hereof.

____________________________________________

J.S.C

____________ Opposed

____________ Unopposed
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JEFFREY BELLO, : SUPERIOR COURT OF NEW JERSEY
: LAW DIVISION: BURLINGTON COUNTY
Plaintiff,
: DOCKET NO.: BUR–L-638-18
v. :
:
CADILLAC, a division of : CIVIL ACTION
GENERAL MOTOR COMPANY, et :
al, GENERAL MOTORS HOLDINGS, :
CERTIFICATION OF COUNSEL IN
LLC; GENERAL MOTORS, LLC :
SUPPORT OF MOTION TO COMPEL
HOLMAN CADILLAC, a division of :
DISCOVERY
HOLMAN AUTOMOTIVE, INC.; :
ESIS GENERAL MOTORS, a wholly :
owned Subsidiary of THE CHUBB :
CORPORATION; KERBECK :
CADILLAC, INC.; GENERAL :
MOTORS FINANCIAL COMPANY, :
INC., a wholly owned Subsidiary of :
GENERAL MOTORS COMPANY; :
:
AIRSEPT, INC.; PRODUCT :
DEFENSE INVESTIGATIVE :
SERVICES, LLC; MARY T. BARRA; :
DANIEL E. BERCE; MELINDA K. :
HOLMAN; MICHAEL SCHWAB :
STEVEN MATTERN; CHRIS C. :
ROFFEY; JOSHUA PREISTER; :
TAMMY WARD; JOHN NEVITT; :
PATRICK RONALD BURLEY :
JOHN/JANE DOES #1-10 and/or ABC :
CORPORATIONS #1-10, Fictitious :
Corporations and/or Commercial
Entities, j/s/a
Defendants.

I, BENJAMIN S. MUZI, ESQ., of full age, certifies as follows:

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1. I am an attorney-at-law of the State of New Jersey and an associate of the law

firm Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, attorneys for Defendant AirSept Inc. in

the above-captioned matter.

2. I am one of the attorneys charged with the responsibility of defending this matter

and in such capacity am fully familiar with the facts stated herein.

3. I submit this Certification in support of Defendant AirSept Inc.’s (Defendant)

Motion for an Order compelling Jeffrey Bello, Plaintiff Pro Se (Plaintiff), to produce responses

to Form Interrogatories and Defendant AirSept Inc.’s First Notice to Produce Documents

pursuant to R. 4:23-5(c).

4. The within personal injury matter arises out of an alleged injury which occurred

on or about March 23, 2016 and June 21, 2016.

5. Plaintiff initiated this action in the Superior Court of New Jersey, Law Division,

Burlington County on or about March 22, 2018 with an amended complaint filed on July 26,

2018.

6. Defendant’s Answer to the Complaint was filed with the Court on or about

November 26, 2018.

7. Under cover letter dated December 14, 2018, Defendant served upon Plaintiff the

following:

(a) Defendant’s Form A (1) and (2) Interrogatories; and

(b) Defendant’s Request for Documents.

A true and accurate copy of the December 14, 2019 correspondence is attached hereto as Exhibit

8. Pursuant to R. 4:17-1(b)(2), Plaintiff’s response to Form Interrogatories were due

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February 14, 2019.

9. Pursuant to R. 4:17-1(b)(2), Plaintiff’s response to Defendant’s First Notice to

Produce was due February 14, 2019.

10. Plaintiff Pro Se Jeffrey Bello responded to only some of the requests on February

14, 2019, with responses that were incomplete and vague. A true and correct copy of the

Plaintiff’s discovery responses are attached as Exhibit B.

11. Under cover letter dated February 25, 2019, Defendant served upon Plaintiff an

Outstanding Discovery Letter in attempt to resolve the discovery issues raised in this motion. A

true and accurate copy of the January 28, 2019 letter is attached hereto as Exhibit C.

12. On February 26, 2019, I spoke with Plaintiff via phone in a good faith effort to

resolve outstanding discovery issues.

13. The undersigned cannot defend Defendant in this matter without the requested

discovery.

14. Defendant is in compliance with all discovery obligations.

15. Based on the foregoing, it is respectuflly requested that the Court enter an Order

compelling Plaintiff to produce the following discovery:

(a) Responses to Form Interrogatories and;

(b) Responses to Defendant’s First Notice to Produce, Nos. 1-3, 6-7 and 9-40.

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

of the foregoing statements are willfully false, I am subject to punishment.

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
Attorneys for Defendant AirSept Inc.

By: /s/ Benjamin S. Muzi
BENJAMIN S. MUZI

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Dated: March 18, 2019

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CERTIFICATION OF SERVICE

I, Benjamin S. Muzi, hereby certify as follows:

I am an associate employed by the firm of Wilson, Elser, Moskowitz, Edelman & Dicker

LLP, attorneys for Defendant AirSept Inc. On this date, I caused service to be made of the within

Motion on behalf of the herein named Defendant upon:

Jeffrey M. Bello
143 E. Warren Street
Edgewater Park, NJ 08010
Plaintiff Pro Se

Monica V. Pennisi Marsico, Esquire
Ricci Tyrrell Johnson & Grey
Willow Ridge Executive Office Park
750 Route 73 South, Suite 202B
Marlton, NJ 08053
Attorneys for Defendant GM LLC et al.

David G. Murphy Esquire
Reed Smith LLP
Princeton Forrestal Village
136 Main Street, Suite 250
Princeton, NJ 08540
Attorneys for Defendant GM Financial

via electronic filing, with a courtesy copy sent via regular mail.

I certify that the original of the within Motion was dispatched to the Motions Clerk of the

Superior Court of New Jersey, Burlington County, New Jersey on this same date by Electronic

Filing.

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

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

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/s/ Benjamin S. Muzi
Dated: March 18, 2019 BENJAMIN S. MUZI

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EXHIBIT A
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JEFFREY BELLO, : SUPERIOR COURT OF NEW JERSEY
: LAW DIVISION: BURLINGTON COUNTY
: DOCKET NO.: BUR- L-638-18
Plaintiff, :
:
v. : CIVIL ACTION
:
:
CADILLAC, a division of GENERAL FORM A(1) INTERROGATORIES TO BE
:
MOTOR COMPANY, et al, ANSWERED BY PLAINTIFF IN ALL
:
GENERAL MOTORS HOLDINGS, PERSONAL INJURY CASES (EXCEPT
:
LLC; GENERAL MOTORS, LLC MEDICAL MALPRACTICE CASES)
:
HOLMAN CADILLAC, a division of :
HOLMAN AUTOMOTIVE, INC.; :
ESIS GENERAL MOTORS, a wholly :
owned Subsidiary of THE CHUBB :
CORPORATION; KERBECK :
CADILLAC, INC.; GENERAL :
MOTORS FINANCIAL COMPANY, :
INC., a wholly owned Subsidiary of :
GENERAL MOTORS COMPANY; :
AIRSEPT, INC.; PRODUCT :
DEFENSE INVESTIGATIVE :
SERVICES, LLC; MARY T. BARRA; :
DANIEL E. BERCE ; MELINDA K. :
HOLMAN; MICHAEL SCHWAB :
STEVEN MATTERN; CHRIS C. :
ROFFEY; JOSHUA PREISTER :
TAMMY WARD; JOHN NEVITT :
:
PATRICK RONALD BURLEY;
:
JOHN/JANE DOES #1-10 and/or :
ABC CORPORATIONS #1-10, :
Fictitious Corporations and/or :
Commercial Entities, j/s/a :
:
Defendants. :
:

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All questions must be answered unless the court otherwise orders or unless a claim of
privilege or protective order is made in accordance with R. 4:17-1(b) (3).
1. Full name, present address, date of birth, Social Security number, and Medicare
number, if applicable. If Medicare number is applicable, attach a copy of the Medicare card.
2. Describe in detail your version of the accident or occurrence setting forth the date,
location, time and weather.
3. Detailed description of nature, extent and duration of any and all injuries.
4. Detailed description of injury or condition claimed to be permanent together with
all present complaints.
5. If confined to a hospital, state its name and address, and dates of admission and
discharge.
6. If any diagnostic tests were performed, state the type of test performed, name and
address of place where performed, date each test was performed and what each test disclosed.
Attach a copy of the test results.
7. If treated by any health care provider, state the name and present address of each
health care provider, the dates and places where treatments were received and the date of last
treatment. Attach true copies of all written reports provided to you by any such health care
provider whom you propose to have testify in your behalf.
8. If still being treated, the name and address of each doctor or health care provider
rendering treatment, where and how often treatment is received and the nature of the treatment.
9. If a previous injury, disease, illness or condition is claimed to have been
aggravated, accelerated or exacerbated, specify in detail the nature of each and the name and
present address of each health care provider, if any, whoever provided treatment for the
condition.
10. If employed at the time of the accident, state: (a) name and address of employer;
(b) position held and nature of work performed; (c) average weekly wages for past year; (d)
period of time lost from employment, giving dates; and (e) amount of wages lost, if any.
11. If there has been a return to employment or occupation, state: (a) name and
address of present employer; (b) position held and nature of work performed; and (c) present
weekly wages, earning, income or profit.

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12. If other loss of income, profit or earnings is claimed: (a) state total amount of the
loss; (b) give a complete detailed computation of the loss; and (c) state the nature and source of
the loss of income, profit and earnings, and the dates of the deprivation.
13. Itemize in complete detail any and all moneys expended or expenses incurred for
hospitals, doctors, nurses, diagnostic tests or health care providers, x-rays, medicines, care and
appliances and state the name and address of each payee and the amount paid and owed each
payee.
14. Itemize any and all other losses or expenses incurred not otherwise set forth.
15. Identify all documents that may relate to this action, and attach copies of each
such document.
16. State the names and addresses of all eyewitnesses to the accident or occurrence,
their relationship to you and their interest in this lawsuit.
17. State the names and addresses of all persons who have knowledge of any facts
relating to the case.
18. If any photographs, videotapes, audio tapes or other forms of electronic recording,
sketches, reproductions, charts or maps were made with respect to anything that is relevant to
the subject matter of the complaint, describe: (a) the number of each; (b) what each shows or
contains; (c) the date taken or made; (d) the names and addresses of the persons who made
them; (e) in whose possession they are at present; and (f) if in your possession, attach a copy, or
if not subject to convenient copying, state the location where inspection and copying may take
place.
19. If you claim that the defendant, AirSept Inc. made any admissions as to the
subject matter of this lawsuit, state: (a) the date made; (b) the name of the person by whom
made; (c) the name and address of the person to whom made; (d) where made; (e) the name and
address of each person present at the time the admission was made; (f) the contents of the
admission; and (g) if in writing, attach a copy.
20. If you or your representative and the defendant, AirSept Inc., have had any oral
communication concerning the subject matter of this lawsuit, state: (a) the date of the
communication; (b) the name and address of each participant; (c) the name and address of each
person present at the time of such communication; (d) where such communication took place;
and (e) a summary of what was said by each party participating in the communication.

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21. If you have obtained a statement from any person not a party to this action, state:
(a) the name and present address of the person who gave the statement; (b) whether the
statement was oral or in writing and if in writing, attach a copy; (c) the date the statement was
obtained; (d) if such statement was oral, whether a recording was made, and if so, the nature of
the recording and the name and present address of the person who has custody of it; (e) if the
statement was written, whether it was signed by the person making it; (f) the name and address
of the person who obtained the statement; and (g) if the statement was oral, a detailed summary
of its contents.
22. If you claim that the violation of any statute, rule, regulation or ordinance is a
factor in this litigation, state the exact title and section.
23. State the names and addresses of any and all proposed expert witnesses. Set forth
in detail the qualifications of each expert named and attach a copy of each expert's current
resume. Also attach true copies of all written reports provided to you by any such proposed
expert witnesses.

With respect to all expert witnesses, including treating physicians, who are
expected to testify at trial and with respect to any person who has conducted an examination
pursuant to Rule 4:19, who may testify, state each such witness's name, address and area of
expertise and attach a true copy of all written reports provided to you.
24. State the subject matter on which your experts are expected to testify.
25. State the substance of the facts and opinions to which your experts are expected to
testify and a summary of the grounds for each opinion.
26. State whether you have ever been convicted of a crime. YES () or NO ().

If the answer is “yes”, state: (a) date; (b) place; and (c) nature.

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CERTIFICATION
I hereby certify that the foregoing answers to interrogatories are true. I am aware that if
any of the foregoing statements made by me are willfully false, I am subject to punishment.
I hereby certify that the copies of the reports annexed hereto provided by either treating
physicians or proposed expert witnesses are exact copies of the entire report or reports provided
by them; that the existence of other reports of said doctors or experts are unknown to me, and if
such become later known or available, I shall serve them promptly on the propounding party.

By:
Jeffrey Bello, Plaintiff Pro Se
Dated:

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JEFFREY BELLO, : SUPERIOR COURT OF NEW JERSEY
: LAW DIVISION: BURLINGTON COUNTY
: DOCKET NO.:BUR- L-638-18
Plaintiff, :
:
v. : CIVIL ACTION
:
CADILLAC, a division of GENERAL
:
MOTOR COMPANY, et al, FORM A(2) INTERROGATORIES TO BE
:
GENERAL MOTORS HOLDINGS, ANSWERED BY PLAINTIFF IN PRODUCT
:
LLC; GENERAL MOTORS, LLC LIABILITY CASES (OTHER THAN
:
HOLMAN CADILLAC, a division of PHARMECUTICAL AND TOXIC TORT
:
HOLMAN AUTOMOTIVE, INC.; CASES) ONLY
:
ESIS GENERAL MOTORS, a wholly
:
owned Subsidiary of THE CHUBB
:
CORPORATION; KERBECK
:
CADILLAC, INC.; GENERAL
:
MOTORS FINANCIAL COMPANY,
:
INC., a wholly owned Subsidiary of
:
GENERAL MOTORS COMPANY;
:
AIRSEPT, INC.; PRODUCT
:
DEFENSE INVESTIGATIVE
:
SERVICES, LLC; MARY T. BARRA;
:
DANIEL E. BERCE; MELINDA K.
:
HOLMAN; MICHAEL SCHWAB;
:
STEVEN MATTERN; CHRIS C.
:
ROFFEY; JOSHUA PREISTER;
:
TAMMY WARD; JOHN NEVITT;
:
PATRICK RONALD BURLEY;
:
JOHN/JANE DOES #1-10 and/or ABC
:
CORPORATIONS #1-10, Fictitious
:
Corporations and/or Commercial
:
Entities, j/s/a
:
Defendants. :

All questions must be answered unless the court otherwise orders or unless a claim of
privilege or protective order is made in accordance with R. 4:17-1(b)(3).

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1. Describe in detail and with specificity the product involved in the incident that is
the subject of this lawsuit, including the manufacturer's name, brand name, model number, serial
number or other identifying decal or feature on the product.
2. If the product involved is a motor vehicle or any other product with component
parts or systems, describe any part(s) or system(s) claimed to be defective or negligently
designed, manufactured or distributed, or otherwise complained of.
3. Do you claim (a) that the product was defectively designed; (b) that the product
was defectively manufactured; and/or (c) that the labelling or warnings on, attached to or
accompanying the product were inadequate, misleading or insufficient? If so, set forth all facts
(not legal conclusions) in support of your contention(s).
4. Do you claim that the defendant, AirSept Inc., was negligent? If so, set forth all
facts (not legal conclusions) in support of your contention. Do you claim that the defendant,
AirSept Inc., breached a warranty? If so, set forth all facts (not legal conclusions) in support of
your contention. Set forth why any claims of negligence or breach of warranty are not subsumed
in the product liability claim.
5. Identify all correspondence between plaintiff and the defendant, AirSept Inc., or
its representatives, and attach copies.
6. How did plaintiff come into possession of or contact with the product involved in
the accident incident?
7. How long had the product involved in this incident been in the possession of or
used by the plaintiff before the incident?
8. During the time given in response to the immediately preceding interrogatory,
where was the product kept?
9. Where was the product immediately after the incident?
10. With respect to the product involved in the incident, set forth: (a) the name and
address of the person presently having custody of the product; (b) the present location of the
product; and (c) the last date that the product was in your possession.
11. State whether the product is currently in the same condition as immediately after
the incident. If not, fully describe the changes that have occurred, who made them, the reason for
such changes and the date they were made.

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12. Did the product have any words or symbols on it or its packaging, or any written
or pictured warnings attached to it? If so, set forth each writing and describe each symbol or
picture.
13. Was an owner's manual or other literature provided with the product? If so, attach
such manual or literature or, if a copy is not available, describe the manual or other literature and
summarize its contents.
14. Have you ever pursued a workers' compensation claim for injuries sustained as a
result of the incident that is the subject of this lawsuit? If so, set forth: (a) the title and venue of
every workers' compensation proceeding to which you have been a party; (b) the date upon
which each such proceeding was instituted; (c) the date on which each such proceeding was tried
and settled; (d) the name and address of each doctor who examined you in connection with each
such proceeding; (e) the amount of the award you received from each such proceeding; and (f)
the name and address of every employer or insurance company that has actually paid you
workers' compensation benefits.
15. Do you contend that the design, labeling and warnings, manufacture or
distribution of the product was governed by any governmental and/or industry codes, standards,
regulations or advisories? If so: (a) state the name and address of the governmental agency or
department, or the industry office; and (b) specifically identify the codes, standards, regulations
or advisories by title and numerical, alphabetical or other coded designation.
16. Did you sustain any property damage or other economic loss as a result of the
incident that is the subject of this lawsuit? If so, specify all such damages.
17. Do you contend that the product contained a design defect? If so, set forth your
contention as to how the product should have been designed in a safer, more appropriate manner.

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By:
Jeffrey Bello, Plaintiff Pro Se

Dated:

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WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
Benjamin S. Muzi, Esq. (Attorney #261342017)
200 Campus Drive
Florham Park, New Jersey 07932
Tel: (973) 624-0800 Fax: (973) 624-0808
Attorneys for Defendant AirSept Inc.
JEFFREY BELLO, : SUPERIOR COURT OF NEW JERSEY
: LAW DIVISION: BURLINGTON COUNTY
Plaintiff,
: DOCKET NO.: BUR–L-638-18
v. :
:
CADILLAC, a division of : CIVIL ACTION
GENERAL MOTOR COMPANY, et al, :
GENERAL MOTORS HOLDINGS, LLC; :
DEFENDANT AIRSEPT INC’S FIRST REQUEST FOR
GENERAL MOTORS, LLC :
PRODUCTION OF DOCUMENTS
HOLMAN CADILLAC, a division of HOLMAN :
AUTOMOTIVE, INC.; :
:
ESIS GENERAL MOTORS, a wholly owned
:
Subsidiary of THE CHUBB CORPORATION;
:
KERBECK CADILLAC, INC.; GENERAL
:
MOTORS FINANCIAL COMPANY, INC., a
:
wholly owned Subsidiary of GENERAL
:
MOTORS COMPANY;
:
AIRSEPT, INC.; PRODUCT DEFENSE :
INVESTIGATIVE SERVICES, LLC; MARY T. :
BARRA; :
DANIEL E. BERCE; MELINDA K. HOLMAN; :
MICHAEL SCHWAB :
STEVEN MATTERN; CHRIS C. ROFFEY; :
JOSHUA PREISTER; TAMMY WARD; JOHN :
NEVITT; PATRICK RONALD BURLEY :
JOHN/JANE DOES #1-10 and/or ABC :
CORPORATIONS #1-10, Fictitious :
Corporations and/or Commercial Entities, :
j/s/a :
Defendants.

TO: Jeffrey Bello
143 E. Warren St.
Edgewater Park, NJ 08010

PLEASE TAKE NOTICE that, pursuant to R. 4:18, Defendant AirSept Inc.

(“AirSept” or “Defendant”) requests and demands that plaintiff pro se Jeffrey Bello (“Plaintiff”)

produce for inspection and copying, at the offices of Wilson, Elser, Moskowitz, Edelman &

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Dicker LLP, 200 Campus Drive, Florham Park, New Jersey 07932, the documents and other

things in his possession, custody or control which are described herein below for the purpose of

permitting the attorneys for Defendant to inspect, mark for identification, copy or photograph

them. The documents and other things should be segregated and identified by the number of the

specific Request to which they are responsive.

INSTRUCTIONS

1. Plaintiff’s responses to these demands shall be made within the time provided by

the New Jersey Rules of Court.

2. If Plaintiff refuses to produce any Document requested herein, in whole or in

part, Plaintiff’s response shall fully describe the basis for such refusal, including a claim of

privilege, so as to permit the Defendant to evaluate, and the Court to adjudicate, the validity

of each such refusal; and identify and describe each such Document with particularity.

3. If any Document called for by this Request is no longer in Plaintiff’s possession,

custody or control, state the disposition of such Document and identify its present custodian.

4. If the Response to all or any part of any Request is not presently known or

available, include a statement to that effect, specify the portion of the Request which cannot be

completed or answered, furnish all information that is known or available, and respond to the

entire Request by supplemental answer in writing and under oath from time to time thereafter

within then (10) days from the time that any additional information becomes available which

calls for any supplement, amendment, modification, deletion, explanation or amplification or a

previous Response.

5. Each Document request shall be deemed continuing in nature so as to require

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subsequent responses and production if Plaintiff obtains documents or information with respect

to Document falling within the scope of this Request between the time responding to this

Request and the time of trial.

6. Each request requires Plaintiff to provide information within Plaintiff’s

knowledge, and the knowledge of anyone over whom Plaintiff have control, including, without

limitation any officer, agent, servant, employee, attorney, insurance company, investigator or

independent adjusting company.

7. These Requests are continuing in nature. Answers to the demands shall be

supplemented of amended, or both, under oath, from time to time as necessary. Any information

obtained subsequent to the service of the answers which would have been included in the

answers had it been known shall be supplied promptly by supplemental answers whenever such

information is found, located, acquired or created.

8. If any Document requested herein was at one time in existence, but has been lost,

discarded or destroyed, identify in writing each such Document and provide the following

information: (a) the date or approximate date it was lost, discarded or destroyed; (b) the

circumstances and manner in which it was lost, discarded or destroyed; (c) the identity of all

persons authorizing or having knowledge of the circumstances surrounding the disposal of the

Document; (d) the identity of the person(s) who lost, discarded or destroyed the Document; and

(e) the identity of all persons having knowledge of the contents thereof.

9. Each paragraph and subparagraph of the following Requests should be construed

independently and answered in accordance with the below definitions. No other paragraph or

subparagraph should be referred to or relied on for the purpose of limiting its scope.

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10. For each Document withheld, in whole or in part, because of a claim of privilege,

identify the Document, including the author, each recipient, type of Document (e.g., letter,

photograph or tape), and the general subject matter thereof, and set forth the nature of the

privilege claimed. Do so with sufficient specificity to permit defense counsel and the Court to

make a full determination whether the claim of privilege is valid, including:

The reason for withholding the Document;

a. A statement of the basis for the claim of privilege, work product or other

ground;

b. A brief description of the Document, including:

i. The date of the Document;

ii. Number of pages, attachments and appendices;

iii. The names of its author, authors or preparer and identification by

employment and title of each such person; and

iv. The subject matter of the Document, and in the case of any

Document relating or referring to a meeting or conversation,

identification of such meeting or conversation. If any interrogatory

and/or Document request is deemed to call for disclosure of

proprietary data, then it is prepared to receive such data pursuant to

an appropriate Order with respect to confidentiality.

11. If Plaintiff has no information about the subject of a particular Request, or if for

some other reason Plaintiff is unable to answer it, the response to that demand should specifically
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state and no Request should be without some response.

12. These requests require Plaintiff to preserve all account data from any of Plaintiff’s

user names associated with any social media websites. If any of Plaintiff’s account data is

destroyed lost or otherwise not preserved, Defendant will be entitled to and will seek all

available spoliation sanctions pursuant to the Rules of Court, including, but not limited to,

dismissal of the complaint, an adverse inference jury charge, and counsel fees, a spoliation

inference sanctions, and/or attorney’s fees may be appropriate under the New Jersey Rules of

Court.

13. Unless otherwise expressly notified in writing, Defendant will assume that failure

to produce any document requested hereinafter means that such document does not exist or is not

in the possession, custody or control of Plaintiff or any person acting on his behalf.

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DEFINITIONS

As used herein, the terms listed below have the following meanings ascribed to

them:

1. "Document" means all written or printed matter of any kind, including the

originals and all non-identical copies, whether different from the originals by reason of any

notation made on such copies or otherwise, including, without limitation, correspondence,

memoranda, notes, diaries, statistics, letters, telegrams, minutes, agendas, contracts, reports,

studies, checks, statements, receipts, returns, summaries, pamphlets, books, prospectuses, inter-

office and intra-office communications, notations of any conversations (including, without

limitation, telephone conversations or meetings), bulletins, computer print-outs, teletypes,

telefax, invoices, worksheets and all drafts, alterations, modifications, changes and amendments

of any of the foregoing; graphic or manual records or representations of any kind, including,

without limitation, photographs, charts, graphs, microfiche, microfilm, videotape, records,

motion pictures; and representations of any kind, including, without limitation, tapes, cassettes,

disks, recordings, electronic mail, text messages, chats (e.g., Gchat, Skype, Slackchat), social

media postings, and materials stored on computer disks of any kind or on any other form of

electronic media.

2. "Person" means any natural person, corporation, municipal corporation,

state and local government, partnership, group trust, associations, organizations and any other

artificial, business or legal entity.

3. "Communication" means any meeting, conversation, discussion,

correspondence, message or other occurrence whereby thoughts, opinions or data are transmitted

between two or more persons in any format.
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4. "All" means each and every, and when used in reference to a document

means each and every document, communication or other data known to Defendant or which can

be discovered by reasonably diligent efforts. When used in reference to persons, "all" means

every person whose identity is known to Defendant or can be discovered by reasonably diligent

efforts.

5. "Relating" or "relate to" means refer to, reflect, pertain to, or in any way

logically or factually connected with the matter discussed.

6. “Plaintiff” means Jeffrey Bello, his agents, representatives, employees,

and all persons acting or purporting to act on his behalf.

7. "AirSept" means AirSept Inc., their agents, attorneys, representatives,

employees, and all persons acting or purporting to act on their behalf.

8. “Defendant” means AirSept Inc., their agents, attorneys, representatives,

employees, and all persons acting or purporting to act on their behalf.

9. As used herein, the words "and" and "or" shall not be interpreted

conjunctively to exclude any information otherwise within the scope of any Request. Thus, the

word "and" means "and/or" and the word "or" means "and/or."

10. Where appropriate, whether in connection with the preceding defined

terms or the Requests hereinafter set forth, the use of the singular includes the plural and the use

of the plural includes the singular.

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DOCUMENTS TO BE PRODUCED

The following documents are hereby demanded:

1. All documents setting forth Plaintiff’s version of events regarding

Plaintiff’s claims.

2. Any and all documents in the possession, custody or control of Plaintiff or

his agents or representatives which Plaintiff or his agents or representatives received or obtained

from, or sent to, AirSept Inc. and/or any of its past or present employees, agents, or

representatives.

3. Any and all documents in the possession, custody or control of Plaintiff or

his agents or representatives which evidence, refer or relate to any communications (oral or

written) between Plaintiff and any past or present employees, agents, or representatives of

AirSept Inc.

4. All documents relating to Plaintiff’s alleged damages and the computation

thereof.

5. If Plaintiff claims that Plaintiff’s damages include lost wages, please

produce all documents relating to lost wages and other losses alleged by Plaintiff due to the

events which are subject to this action.

6. Each and every document upon which Plaintiff may rely as support for the

claims Plaintiff has made in this matter.

7. Each and every document upon which Plaintiff may rely

8. Any and all documents substantiating, relating or referring to any

treatment Plaintiff has received from, or consultations Plaintiff has had with, any physicians,

surgeons, therapists, nurses, psychiatrists, psychologists, counselors or anyone else, relating to

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any mental, emotional or physical claims alleged to have been suffered by Plaintiff as a result of

any acts by defendants.

9. Any and all documents in the possession, custody or control of Plaintiff or

his agents or representatives which evidence, refer or relate to any of Plaintiff’s cellular phone

records, in native electronic format preserving metadata, from January 2016 to present, detailing

both incoming and outgoing calls and text messages.

10. All st

Case Info

Judge

James J Ferrelli Track Judge’s New Case

Case No.

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Document Filed Date

March 18, 2019

Case Filing Date

March 22, 2018

County

Parties

0 Abc Corporations 1-1 Defendant
Airsept Inc Defendant
Benjamin S Muzi Attorney for the Defendant
Cadillac Defendant
Chris C Roffey Defendant
Daniel E Berce Defendant
David G Murphy Attorney for the Defendant
Esis Inc Defendant
Francis Joseph Grey Attorney for the Defendant
General Motors Financial Compa Defendant
General Motors Holdings Llc Defendant
General Motors Llc Defendant
Holman Cadillac Defendant
Jane Does 1-10 Defendant
Jeffrey Bello Plaintiff
John Does 1-10 Defendant
John Nevitt Defendant
Joshua Preister Defendant
Kerbeck Cadillac Inc Defendant
Mary T Barra Defendant
Melinda K Holman Defendant
Michael Schwab Defendant
Patrick R Burley Defendant
Product Defense Investigative Defendant
Steven Mattern Defendant
Tammy Ward Defendant
Barbara Kelly Attorney
Diane Bettino Attorneys for Defendants
David Goodrich Attorney
Anne Dalena Attorney
Jonathan Delgado Attorney
Greyson Van Dyke Attorney
MICHAEL PERCARIO Attorneys for Defendants
Benjamin Spurr Attorneys for Defendants

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Motion,Ex Parte: Bello Jeffrey Vs Cadillac

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Case Info

Parties