Preview
BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 1 of 2 Trans ID: LCV2019682946
1515 MARKET STREET
SUITE 700
PHILADELPHIA, PA 19102
iN 750 ROUTE 73 SOUTH
SUITE 202B
MARLTON, NJ 08053
TEL 215.320.3260 TEL 856.810.8860
FAX 215.320.3261 FAX 856.810.8861
cr
Ricci Tyrrell Johnson & Grey
ATTORNEYS AT LAW
Francis J. Grey, Jr., Esquire
Direct Dial: (215) 320-2079
Email: ferey@rtjglaw.com
April 17, 2019
Via Electronic Filing and Federal Express
The Honorable Janet Z. Smith, J.S.C.
Burlington County Office Building
49 Rancocas Road, 3rd Floor
Mount Holly, NJ 08060
Re: Jeffrey Bello vy. General Motors LLC, et al.
Superior Court of New Jersey, Burlington County
Docket No. BUR L 638-18
Our File No.: 7614.00043
Dear Judge Smith:
Please accept this second letter in further support of the Motion to Compel on behalf of
General Motors LLC, ESIS, Inc. (incorrectly identified as “ESIS, Inc., a wholly owned
Subsidiary of The Chubb Corporation”), Holman Retail Holdings, LLC d/b/a Holman Cadillac
(incorrectly identified as “Holman Cadillac, a division of Holman Automotive, Inc.”) and
Kerbeck Cadillac, Inc., which is currently returnable on April 26, 2019. This supplement is
necessary due to recent developments that should be brought to the Court’s attention.
Following oral argument on March 29, 2019, the Court issued an Order on April 3, 2019
which adjourned the motions for discovery to April 26, 2019. The Order requires in part “that the
parties shall consult with each other to resolve discovery disputes prior to the returnable date.”
In accordance with the Order, on April 10, 2019, Jonathan Delgado, an associate from my
office, e-mailed Mr. Bello inquiring as to his availability to discuss the outstanding discovery
disputes involving our clients. Mr. Bello advised that he was available on Thursday April 18,
2019 to have said discussions. A copy of the April 10, 2019 e-mail exchange is attached as
Exhibit A.
BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 2 of 2 Trans ID: LCV2019682946
April 17, 2019
Page - 2 -
Thereafter, on April 11, 2019, my office sent to Mr. Bello copies of medical records
obtained via subpoena, some of which were the subject of plaintiff's Motion to Quash Subpoenas
Duces Tecum of February 22, 2019, which the Court denied. Upon receipt of the records, Mr.
Bello e-mailed Mr. Delgado and wrote:
“After review of the medical records your firm has sent to me, it is obvious that
your firm’s intention is strictly to “harass” and embarrass the
plaintiff in this matter. Your firm has acted in “bad faith” throughout, and there is
10 expectation that there will be ANY change in the future. As a result
of same, I will not be wasting my time communicating with your law firm any
further - as it is pointless.”
A copy of the April 15, 2019 e-mail exchange is attached as Exhibit B. | reminded Mr. Bello
that we are required to discuss our outstanding discovery disputes pursuant to the April 3, 2019
Order, and that I looked forward to speaking with him on Thursday, April 18. Ex. B. In response,
Mr. Bello gauchely reaffirmed his unwillingness to cooperate in the discovery process and
declined my invitation. Ex. B.
The status of Mr. Bello’s discovery responses remains the same. They are deficient,
incomplete and he has not provided the requested documents as required by the New Jersey
Rules of Court. The most recent developments only reinforce that a Court Order is necessary to
compel him to properly respond. Mr. Bello’s misfeasance continues to prejudice the defendants’
ability to investigate and prepare their defense to plaintiffs claims.
Based on the foregoing, it is respectfully requested that the Court: (1) grant the Motion to
Compel on behalf of General Motors LLC, ESIS, Inc., Holman Retail Holdings, LLC d/b/a
Holman Cadillac and Kerbeck Cadillac, Inc.; and (2) sanction Mr. Bello and require that he
reimburse my clients the costs and fees incurred for filing the Motion to Compel of March 13,
2019 and supporting Replies due to his refusal to cooperate in the discovery process and
deliberate non-compliance with the Court’s Order of April 3, 2019.
Thank you for your attention to this matter.
Respectfully submitted,
- Aa
Francis hot.
ce. Jeffrey M. Bello (via electronic and U.S. Mail)
David G. Murphy, Esquire (via electronic and U.S. Mail)
Anne Dalena, Esquire (via electronic and U.S. Mail)
BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 1 of 3 Trans ID: LCV2019682946
EXHIBIT A
BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 2 of 3 Trans ID: LCV2019682946
Jonathan Delgado
From: bell9900@aol.com
Sent: Wednesday, April 10, 2019 4:39 PM
To: Jonathan Delgado
Ce: Monica Marsico; Fran Grey
Subject: Re: Bello v. Cadillac (BUR-L-638-18)
Thursday is fine.
Jeffrey Bello
On Apr 10, 2019, at 2:32 PM, Jonathan Delgado wrote:
Mr. Bello,
We are available next Thursday (4/18) and next Friday (4/19). What number can we reach you at or we
an set up a dial in number. Please let us know which works.
Thanks,
Jon
From: bell9900@aol.com
Sent: Wednesday, April 10, 2019 2:11 PM
To: Jonathan Delgado
Cc: Monica Marsico ; Fran Grey
Subject: Re: Bello v. Cadillac (BUR-L-638-18)
Mr Delgado,
My schedule is open for next week. As early as Monday would be acceptable.
Please advise?
Sincerely,
Jeffrey Bello
On Apr 10, 2019, at 1:56 PM, Jonathan Delgado wrote:
Mr. Bello,
In accordance with Judge Smith’s Order, could you please provide us with you
availability for this week and next week so that we can set up a call in an attempt to
resolve our respective discovery disputes.
Thanks,
Jon
Jonathan A. Delgado, Esquire
Direct Dial: 215-320-2103
Fax: 215-320-3261
E-M: idelgado@rtjglaw.com
1515 Market Street, Suite 700
Philadelphia, PA 19102
www. rtiglaw.com
CONFIDENTIALITY NOTICE:
BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 3 of 3 Trans ID: LCV2019682946
The information transmitted in this e-mail message intended only for the personal and
confidential use of the recipient(s) named above. This message may be an Attorney-
Client communication and as such is privileged and confidential.
If the reader of this message is not the intended recipient (or the employee or agent
responsible for delivering it to the intended recipient), you are hereby notified that you
have received this document in error and that any retention, review, use, dissemination,
distribution or copying of this communication and the information contained therein is
strictly prohibited. If you have received this communication in error, please notify us
immediately by e-mail, and delete the original message.
BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 1 of 5 Trans ID: LCV2019682946
EXHIBIT B
BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 2 of 5 Trans ID: LCV2019682946
Jonathan Delgado
From: bell9900@aol.com
Sent: Monday, April 15, 2019 6:54 PM
To: Fran Grey
Ce: Jonathan Delgado; Monica Marsico
Subject: Re: Bello v. Cadillac (BUR-L-638-18)
| would expect nothing less from a scumbag lowlife like you.
Jeffrey Bello
On Apr 15, 2019, at 6:28 PM, Fran Grey wrote:
Thank you for this Response. | will attach it to GM’s Motion.
Have a nice night.
Sent from my iPhone
On Apr 15, 2019, at 6:15 PM, "bell9900@aol.com" wrote:
Mr Grey,
| have no agreement to speak with you or anyone else from your firm at 2 pm on
Thursday.
The Court’s order is for the parties to work to resolve the outstanding discovery, but it is
obvious that your firm has no interest in that.
Your actions speak for themselves, and | will address them with ALL oversight entities.
YOU HAVE BEEN SO ADVISED.
Sincerely,
Jeffrey Bello
On Apr 15, 2019, at 4:40 PM, Fran Grey wrote:
Mr. Bello - good afternoon. | hope you are well.
Your email is unnecessary. You are required by the applicable Rules of
Procedure and Judge Smith’s specific mandate at the last Hearing to
meet and discuss the outstanding discovery issues between you and
GM. If you do not - we will make sure Judge Smith is kept up to date.
As an aside - your Motion to Quash was Denied. GM is entitled to obtain
records related to your medical and employment histories.
We look forward to speaking with you Thursday at 2 pm.
BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 3 of 5 Trans ID: LCV2019682946
Sent from my iPhone
On Apr 15, 2019, at 4:32 PM, "bell9900@aol.com"
wrote:
Mr Delgado,
After review of the medical records your firm has sent
to me, it is obvious that your firm’s intention is strictly
to “harass” and embarrass the plaintiff in this matter.
Your firm has acted in “bad faith” throughout, and there
is no expectation that there will be ANY change in the
future.
Asa result of same, | will not be wasting my time
communicating with your law firm any further - as it is
pointless.
Rest assured | will be filing the appropriate responsive
documents to address the “unprofessional” behavior of
the supposed “officers of the Court”.
Sincerely,
Jeffrey Bello
On Apr10, 2019, at 2:32 PM, Jonathan Delgado
wrote:
Mr. Bello,
We are available next Thursday (4/18)
and next Friday (4/19). What number
can we reach you at or we can set up a
dial in number, Please let us know
which works.
Thanks,
Jon
From: bell9900@aol.com
Sent: Wednesday, April 10, 2019 2:11
PM
To: Jonathan Delgado
Cc: Monica Marsico
; Fran Grey
‘fgrey@rtiglaw.com>
Subject: Re: Bello v. Cadillac (BUR-L-
638-18)
Mr Delgado,
My schedule is open for next week. As
early as Monday would be acceptable.
Please advise?
BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 4 of 5 Trans ID: LCV2019682946
Sincerely,
Jeffrey Bello
On Apr 10, 2019, at 1:56 PM, Jonathan
Delgado
wrote:
Mr. Bello,
In accordance with
Judge Smith’s Order,
could you please
provide us with you
availability for this
week and next week so
that we can set up a call
in an attempt to resolve
our respective
discovery disputes.
Thanks,
Jon
Jonathan A. Delgado,
Esquire
Direct Dial: 215-320-
2103
Fax: 215-320-3261
E-Mail:
idelgado@rtjglaw.com
1515 Market Street,
Suite 700
Philadelphia, PA 19102
www. rtiglaw.com
CONFIDENTIALITY
NOTICE:
The information
transmitted in this e-
mail message is
intended only for the
personal and
confidential use of the
recipient(s) named
above. This message
may be an Attorney-
Client communication
and as such is privileged
and confidential.
If the reader of this
message is not the
intended recipient (or
3
BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 5 of 5 Trans ID: LCV2019682946
the employee or agent
responsible for
delivering it to the
intended recipient), you
are hereby notified that
you have received this
document in error and
that any retention,
review, use,
dissemination,
distribution or copying
of this communication
and the information
contained therein is
strictly prohibited. If
you have received this
communication in
error, please notify us
immediately by e-mail,
and delete the original
message.
Preview
BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 1 of 2 Trans ID: LCV2019682946 1515 MARKET STREET SUITE 700 PHILADELPHIA, PA 19102 iN 750 ROUTE 73 SOUTH SUITE 202B MARLTON, NJ 08053 TEL 215.320.3260 TEL 856.810.8860 FAX 215.320.3261 FAX 856.810.8861 cr Ricci Tyrrell Johnson & Grey ATTORNEYS AT LAW Francis J. Grey, Jr., Esquire Direct Dial: (215) 320-2079 Email: ferey@rtjglaw.com April 17, 2019 Via Electronic Filing and Federal Express The Honorable Janet Z. Smith, J.S.C. Burlington County Office Building 49 Rancocas Road, 3rd Floor Mount Holly, NJ 08060 Re: Jeffrey Bello vy. General Motors LLC, et al. Superior Court of New Jersey, Burlington County Docket No. BUR L 638-18 Our File No.: 7614.00043 Dear Judge Smith: Please accept this second letter in further support of the Motion to Compel on behalf of General Motors LLC, ESIS, Inc. (incorrectly identified as “ESIS, Inc., a wholly owned Subsidiary of The Chubb Corporation”), Holman Retail Holdings, LLC d/b/a Holman Cadillac (incorrectly identified as “Holman Cadillac, a division of Holman Automotive, Inc.”) and Kerbeck Cadillac, Inc., which is currently returnable on April 26, 2019. This supplement is necessary due to recent developments that should be brought to the Court’s attention. Following oral argument on March 29, 2019, the Court issued an Order on April 3, 2019 which adjourned the motions for discovery to April 26, 2019. The Order requires in part “that the parties shall consult with each other to resolve discovery disputes prior to the returnable date.” In accordance with the Order, on April 10, 2019, Jonathan Delgado, an associate from my office, e-mailed Mr. Bello inquiring as to his availability to discuss the outstanding discovery disputes involving our clients. Mr. Bello advised that he was available on Thursday April 18, 2019 to have said discussions. A copy of the April 10, 2019 e-mail exchange is attached as Exhibit A. BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 2 of 2 Trans ID: LCV2019682946 April 17, 2019 Page - 2 - Thereafter, on April 11, 2019, my office sent to Mr. Bello copies of medical records obtained via subpoena, some of which were the subject of plaintiff's Motion to Quash Subpoenas Duces Tecum of February 22, 2019, which the Court denied. Upon receipt of the records, Mr. Bello e-mailed Mr. Delgado and wrote: “After review of the medical records your firm has sent to me, it is obvious that your firm’s intention is strictly to “harass” and embarrass the plaintiff in this matter. Your firm has acted in “bad faith” throughout, and there is 10 expectation that there will be ANY change in the future. As a result of same, I will not be wasting my time communicating with your law firm any further - as it is pointless.” A copy of the April 15, 2019 e-mail exchange is attached as Exhibit B. | reminded Mr. Bello that we are required to discuss our outstanding discovery disputes pursuant to the April 3, 2019 Order, and that I looked forward to speaking with him on Thursday, April 18. Ex. B. In response, Mr. Bello gauchely reaffirmed his unwillingness to cooperate in the discovery process and declined my invitation. Ex. B. The status of Mr. Bello’s discovery responses remains the same. They are deficient, incomplete and he has not provided the requested documents as required by the New Jersey Rules of Court. The most recent developments only reinforce that a Court Order is necessary to compel him to properly respond. Mr. Bello’s misfeasance continues to prejudice the defendants’ ability to investigate and prepare their defense to plaintiffs claims. Based on the foregoing, it is respectfully requested that the Court: (1) grant the Motion to Compel on behalf of General Motors LLC, ESIS, Inc., Holman Retail Holdings, LLC d/b/a Holman Cadillac and Kerbeck Cadillac, Inc.; and (2) sanction Mr. Bello and require that he reimburse my clients the costs and fees incurred for filing the Motion to Compel of March 13, 2019 and supporting Replies due to his refusal to cooperate in the discovery process and deliberate non-compliance with the Court’s Order of April 3, 2019. Thank you for your attention to this matter. Respectfully submitted, - Aa Francis hot. ce. Jeffrey M. Bello (via electronic and U.S. Mail) David G. Murphy, Esquire (via electronic and U.S. Mail) Anne Dalena, Esquire (via electronic and U.S. Mail) BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 1 of 3 Trans ID: LCV2019682946 EXHIBIT A BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 2 of 3 Trans ID: LCV2019682946 Jonathan Delgado From: bell9900@aol.com Sent: Wednesday, April 10, 2019 4:39 PM To: Jonathan Delgado Ce: Monica Marsico; Fran Grey Subject: Re: Bello v. Cadillac (BUR-L-638-18) Thursday is fine. Jeffrey Bello On Apr 10, 2019, at 2:32 PM, Jonathan Delgado wrote: Mr. Bello, We are available next Thursday (4/18) and next Friday (4/19). What number can we reach you at or we an set up a dial in number. Please let us know which works. Thanks, Jon From: bell9900@aol.com Sent: Wednesday, April 10, 2019 2:11 PM To: Jonathan Delgado Cc: Monica Marsico ; Fran Grey Subject: Re: Bello v. Cadillac (BUR-L-638-18) Mr Delgado, My schedule is open for next week. As early as Monday would be acceptable. Please advise? Sincerely, Jeffrey Bello On Apr 10, 2019, at 1:56 PM, Jonathan Delgado wrote: Mr. Bello, In accordance with Judge Smith’s Order, could you please provide us with you availability for this week and next week so that we can set up a call in an attempt to resolve our respective discovery disputes. Thanks, Jon Jonathan A. Delgado, Esquire Direct Dial: 215-320-2103 Fax: 215-320-3261 E-M: idelgado@rtjglaw.com 1515 Market Street, Suite 700 Philadelphia, PA 19102 www. rtiglaw.com CONFIDENTIALITY NOTICE: BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 3 of 3 Trans ID: LCV2019682946 The information transmitted in this e-mail message intended only for the personal and confidential use of the recipient(s) named above. This message may be an Attorney- Client communication and as such is privileged and confidential. If the reader of this message is not the intended recipient (or the employee or agent responsible for delivering it to the intended recipient), you are hereby notified that you have received this document in error and that any retention, review, use, dissemination, distribution or copying of this communication and the information contained therein is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message. BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 1 of 5 Trans ID: LCV2019682946 EXHIBIT B BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 2 of 5 Trans ID: LCV2019682946 Jonathan Delgado From: bell9900@aol.com Sent: Monday, April 15, 2019 6:54 PM To: Fran Grey Ce: Jonathan Delgado; Monica Marsico Subject: Re: Bello v. Cadillac (BUR-L-638-18) | would expect nothing less from a scumbag lowlife like you. Jeffrey Bello On Apr 15, 2019, at 6:28 PM, Fran Grey wrote: Thank you for this Response. | will attach it to GM’s Motion. Have a nice night. Sent from my iPhone On Apr 15, 2019, at 6:15 PM, "bell9900@aol.com" wrote: Mr Grey, | have no agreement to speak with you or anyone else from your firm at 2 pm on Thursday. The Court’s order is for the parties to work to resolve the outstanding discovery, but it is obvious that your firm has no interest in that. Your actions speak for themselves, and | will address them with ALL oversight entities. YOU HAVE BEEN SO ADVISED. Sincerely, Jeffrey Bello On Apr 15, 2019, at 4:40 PM, Fran Grey wrote: Mr. Bello - good afternoon. | hope you are well. Your email is unnecessary. You are required by the applicable Rules of Procedure and Judge Smith’s specific mandate at the last Hearing to meet and discuss the outstanding discovery issues between you and GM. If you do not - we will make sure Judge Smith is kept up to date. As an aside - your Motion to Quash was Denied. GM is entitled to obtain records related to your medical and employment histories. We look forward to speaking with you Thursday at 2 pm. BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 3 of 5 Trans ID: LCV2019682946 Sent from my iPhone On Apr 15, 2019, at 4:32 PM, "bell9900@aol.com" wrote: Mr Delgado, After review of the medical records your firm has sent to me, it is obvious that your firm’s intention is strictly to “harass” and embarrass the plaintiff in this matter. Your firm has acted in “bad faith” throughout, and there is no expectation that there will be ANY change in the future. Asa result of same, | will not be wasting my time communicating with your law firm any further - as it is pointless. Rest assured | will be filing the appropriate responsive documents to address the “unprofessional” behavior of the supposed “officers of the Court”. Sincerely, Jeffrey Bello On Apr10, 2019, at 2:32 PM, Jonathan Delgado wrote: Mr. Bello, We are available next Thursday (4/18) and next Friday (4/19). What number can we reach you at or we can set up a dial in number, Please let us know which works. Thanks, Jon From: bell9900@aol.com Sent: Wednesday, April 10, 2019 2:11 PM To: Jonathan Delgado Cc: Monica Marsico ; Fran Grey ‘fgrey@rtiglaw.com> Subject: Re: Bello v. Cadillac (BUR-L- 638-18) Mr Delgado, My schedule is open for next week. As early as Monday would be acceptable. Please advise? BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 4 of 5 Trans ID: LCV2019682946 Sincerely, Jeffrey Bello On Apr 10, 2019, at 1:56 PM, Jonathan Delgado wrote: Mr. Bello, In accordance with Judge Smith’s Order, could you please provide us with you availability for this week and next week so that we can set up a call in an attempt to resolve our respective discovery disputes. Thanks, Jon Jonathan A. Delgado, Esquire Direct Dial: 215-320- 2103 Fax: 215-320-3261 E-Mail: idelgado@rtjglaw.com 1515 Market Street, Suite 700 Philadelphia, PA 19102 www. rtiglaw.com CONFIDENTIALITY NOTICE: The information transmitted in this e- mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an Attorney- Client communication and as such is privileged and confidential. If the reader of this message is not the intended recipient (or 3 BUR-L-000638-18 04/17/2019 1:20:53 PM Pg 5 of 5 Trans ID: LCV2019682946 the employee or agent responsible for delivering it to the intended recipient), you are hereby notified that you have received this document in error and that any retention, review, use, dissemination, distribution or copying of this communication and the information contained therein is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message.