Preview
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 1 of 2 Trans ID: LCV20191994327
REED SMITH LLP
Formed in the State of Delaware
Diane A. Bettino, Esquire (033241991)
David G. Murphy, Esquire (069822013)
Princeton Forrestal Village
136 Main Street, Suite 250
Princeton, NJ 08540
Tel. (609) 514-5954
Fax (609) 951-0824
Attorneys for Defendant AmeriCredit Financial Services, Inc., d/b/a GM Financial
JEFFREY BELLO, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, BURLINGTON COUNTY
Plaintiff,
Docket No. L-000638-18
V.
Civil Action
CADILLAC, A DIVISION OF GENERAL
MOTORS COMPANY, ET AL., NOTICE OF CROSS-MOTION FOR
SANCTIONS AGAINST PLAINTIFF
Defendants. JEFFREY M. BELLO
To: Jeffrey M. Bello
143 E. Warren Street
Edgewater Park, New Jersey 08010
PLEASE TAKE NOTICE that the undersigned attorneys for Defendants AmeriCredit
Financial Services, Inc. d/b/a GM Financial (“GM Financial’) shall move before the Honorable
Janet Z. Smith, J.S.C. at the Superior Court of New Jersey, Law Division, Burlington County
Court Facility, 49 Rancocas Road, Mount Holly, NJ 08060 on November 8, 2019, at 9:00 a.m.
or as soon as counsel may be heard for an Order granting GM Financial’s Cross-Motion for
Sanctions against Plaintiff Jeffrey M. Bello.
PLEASE TAKE FURTHER NOTICE that Gm Financial shall rely on the enclosed
Memorandum of Law and Certification of David G. Murphy, Esq., with exhibits.
-l-
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 2 of 2 Trans ID: LCV20191994327
PLEASE TAKE FURTHER NOTICE that a proposed form of Order is submitted
herewith in accordance with Rule 1:6-2. An original of the proposed Order is attached to the
moving papers.
PLEASE TAKE FURTHER NOTICE that GM Financial waives oral argument and
request a ruling on the papers unless opposition is timely filed and served, in which case GM
Financial requests oral argument on the motion.
Dated: October 30, 2019 REED SMITH LLP
/s/ David G. Murphy
David G. Murphy
-2-
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 1 of 2 Trans ID: LCV20191994327
REED SMITH LLP
Formed in the State of Delaware
Diane A. Bettino, Esquire (033241991)
David G. Murphy, Esquire (069822013)
Princeton Forrestal Village
136 Main Street, Suite 250
Princeton, NJ 08540
Tel. (609) 514-5954
Fax (609) 951-0824
Attorneys for Defendant AmeriCredit Financial Services, Inc., d/b/a GM Financial
JEFFREY BELLO, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, BURLINGTON COUNTY
Plaintiff,
Docket No. L-000638-18
V.
Civil Action
CADILLAC, A DIVISION OF GENERAL
MOTORS COMPANY, ET AL., ORDER DENYING PLAINTIFF’S
MOTIONS FOR DEFAULT AND
Defendants. RECUSAL AND GRANTING
DEFENDANT’S CROSS-MOTION FOR
SANCTIONS
This matter having been opened to the Court by Plaintiff Jeffrey Bello (‘Plaintiff’),
proceeding pro se, on a “Motion for Default for Fraud Upon the Court & Judicial Misconduct”
and “Motion Seeking Recusal”; and by Reed Smith LLP, attorneys for Defendants AmeriCredit
Financial Services, Inc. d/b/a GM Financial, Daniel Berce and Tammy Ward (“Defendants”), on
a Cross-Motion for Sanctions against Plaintiff; and on notice to all parties; and the Court having
considered the moving and opposition papers, if any, submitted by the parties, and oral
argument, if any, and for good cause shown;
IT IS on this day of ; 2019, ORDERED as follows:
1 Plaintiff's “Motion for Default for Fraud upon the Court & Judicial Misconduct”
is hereby DENIED;
2 Plaintiff s “Motion Seeking Recusal” is hereby DENIED;
-1-
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 2 of 2 Trans ID: LCV20191994327
Defendants’ Cross Motion for Sanctions against Plaintiff Jeffrey Bello is hereby
GRANTED;
Defendants shall submit an application to the court for the computation of an
award of attorneys’ fees to be paid by Plaintiff Jeffery Bello within twenty-one
(21) days from the entry of this Order;
Any future motions and/or filings by Plaintiff Jeffrey Bello shall be reviewed by
this Court as soon as practicable after being filed, but before service is effectuated
on any defendant. In the event Plaintiff Jeffrey Bello submits any future motions
and/or filings, without prior written permission from the Court, defendants do not
have an obligation to respond unless directed by the Court. The Court may sua
sponte strike any patently frivolous or non-meritorious motions and/or filings
submitted by Plaintiff Jeffrey Bello in connection with this action and may
impose additional sanctions on Plaintiff Jeffrey Bello for good cause;
A copy of this Order shall be served by Defendants’ counsel upon all parties
within seven (7) days of receipt of the same.
HON. JANET Z. SMITH, J.S.C.
(] Opposed
0] Unopposed
-2-
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 1 of 126 Trans ID: LCV20191994327
REED SMITH LLP
Formed in the State of Delaware
Diane A. Bettino, Esquire (033241991)
David G. Murphy, Esquire (069822013)
Princeton Forrestal Village
136 Main Street, Suite 250
Princeton, NJ 08540
Tel. (609) 514-5954
Fax (609) 951-0824
Attorneys for Defendant AmeriCredit Financial Services, Inc., d/b/a GM Financial
JEFFREY BELLO, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, BURLINGTON COUNTY
Plaintiff,
Docket No. L-000638-18
V.
Civil Action
CADILLAC, A DIVISION OF GENERAL
MOTORS COMPANY, ET AL., CERTIFICATION OF
DAVID G. MURPHY, ESQ.
Defendants.
I, David G. Murphy, of full age, hereby certify as follow:
1 I am an attorney licensed to practice in the State of New Jersey, and an attorney
with the law firm of Reed Smith LLP, counsel for Defendant AmeriCredit Financial Services, Inc.
d/b/a GM Financial (“GM Financial”). As such, I am fully familiar with the facts set forth herein.
2 I make this Certification in support of Defendant GM Financial’s Opposition to
Plaintiff Jeffrey Bello’s (“Plaintiff”) “Motion for Default for Fraud Upon the Court & Judicial
Misconduct” and “Motion Seeking Recusal,” and in support of GM Financial’s Cross Motion for
Sanctions.
3 A true and correct copy of Plaintiff's Motion to Compel Discovery against GM
Financial, which Plaintiff filed on June 14, 2019, is attached hereto as Exhibit 1.
-l-
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 2 of 126 Trans ID: LCV20191994327
4 A true and correct copy of the Court’s Order, which was filed on July 15, 2019, is
attached hereto as Exhibit 2.
5 A true and correct copy of “Plaintiff's Demand for Production of Documents and
Answers to Interrogatories from the Defendant GM Financial et al,” which was received via email
on July 15, 2019, is attached hereto as Exhibit 3.
6. A true and correct copy of GM Financial’s August 6, 2019 letter, sent in response
to Plaintiff's July 15, 2019 correspondence, is attached hereto as Exhibit 4.
7
A true and correct copy of the Court’s Order, which was filed on August 19, 2019,
is attached hereto as Exhibit 5.
8 A true and correct copy of Plaintiff's August 31, 2019 email to counsel of record is
attached hereto as Exhibit 6.
9 In Plaintiff's August 31, 2019 email, Plaintiff indicated that “[a]ll parties will be
forwarded information regarding these ‘new’ medical evaluations as they occur, and the results of
same,” and that “[a] formal letter will be supplied to all parties this week, with a proposed schedule
for defendants to be deposed.” Ex. 6. To date, GM Financial has not received any information
2
from Plaintiff about “new medical evaluations, the results of same,” or a “formal letter . . . with
a proposed schedule for defendants to be deposed.”
10. A true and correct copy of GM Financial’s Rule 1:4-8 Letter to Plaintiff, which was
sent to Plaintiffon September 16, 2019, is attached hereto as Exhibit 7.
11. A true and correct copy of GM Financial’s correspondence to the Court ,which was
filed on September 18, 2019, is attached hereto as Exhibit 8.
-2-
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 3 of 126 Trans ID: LCV20191994327
12. A true and correct copy of the email thread containing Plaintiff's September 18,
2019 correspondence, advising counsel of record that Plaintiff would not cooperate with any
efforts to reschedule his deposition, is attached hereto as Exhibit 9.
13. A true and correct copy of Plaintiff's letter to the Court, dated September 18, 2019,
is attached hereto as Exhibit 10.
14. A true and correct copy of Plaintiff's letter to the Court, dated September 19, 2019,
is attached hereto as Exhibit 11.
15. A true and correct copy of the GM Defendants’ Motion to Compel Plaintiff's
Deposition and Updated Medical Information, filed on September 25, 2019, is attached hereto as
Exhibit 12.
16. A true and correct copy of Plaintiff's “Supplement to Plaintiffs Motion for Default
for Fraud Upon the Court and Judicial Misconduct by GM Financial,” which was filed on
September 25, 2019, is attached hereto as Exhibit 13.
17. A true and correct copy of Plaintiff's “Motion Seeking Recusal,” which was filed
on September 25, 2019, is attached hereto as Exhibit 14.
18. A true and correct copy of GM Financial’s letter to the Court, filed on September
30, 2019, is attached hereto as Exhibit 15.
19. A true and correct copy of the Court’s Notice of Adjournment, dated October 1,
2019, is attached hereto as Exhibit 16.
20. A true and correct copy of Plaintiff's “Final Letter to this Court,” dated November
13, 2018, is attached hereto as Exhibit 17.
-3-
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 4 of 126 Trans ID: LCV20191994327
21. A true and correct copy of Plaintiffs correspondence to Judge Ronald. J.
Bookbinder, A.J.S.C., dated August 5, 2015, which was filed in connection with the matter
captioned Bello v. Lexus, docket number BUR-L-1384-08, is attached hereto as Exhibit 18.
22. True and correct copies of the letters dated November 10, 2015, November 13,
2015, and November 20, 2015, between Plaintiff and Deputy Attorney General Aaron A. Love,
which were filed in the matter captioned Bello v. Edgewater Park Sewerage Authority, docket
number 1:15-cv-06768-RBK-KMW,, are attached hereto as Exhibit 19.
23. I certify that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements made by me is willfully false, I am subject to punishment.
Dated: October 30, 2019 REED SMITH LLP
/s/ David G. Murphy
David G. Murphy
-4-
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 5 of 126 Trans ID: LCV20191994327
EXHIBIT 1
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 6 of 126 Trans ID: LCV20191994327
BUR L 000638-18 06/14/2019 Pg 1 of 3 Trans ID: LCV20191074361
Suypitn
JEFFREY BELLO aT
143 E. Warren Street
Edgewater Park, New Jersey 08010 18 Dit
609-668-9300
arr 2225
bell9900@aol.com.
June 13, 2019
Sent Via Hand Delivery
The Honorable Janet Z. Smith, J.S.C.
Superior Court of New Jersey
Civil Division
49 Rancocas Road MOTION COMPELLING DISCOVERY
Mt.Holly, New Jersey 08060 FROM GM FINANCIAL COMPANY, INC,
LETTER BRIEF
REF: BELLO ys. GM et al. (GM FINANCIAL)
Docket No.; BUR-L- 638-18
Dear Judge Smith,
As is referenced above, I am the Pro SE Plaintiffin the above referenced case,
Your Honor, please find this “Letter Brief” in lieu of a much formal Brief from the
Plaintiff, secking an Order Compelling the Defendant, GM Financial Company, Inc., represented
by the attorney David Murphy, to produce entitled discovery documents, and proper answers to
interrogatories and the admissions. The Plaintiff sent initial request to this defendant, pursuant to
the Court’s directive, on December 14, 2018, and followed with additional notification through
Court filings on April 17, 2019. This Defendant has not complied.
The Plaintiff files this Motion pursuant to Rules 4:23-1,
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 7 of 126 Trans ID: LCV20191994327
EXHIBIT 2 F
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 8 of 126 Trans ID: LCV20191994327
BUR L 000638-18 07/15/2019 Pg 1 of 2 Trans ID: LCV20191249056
With
The Court
we 15 2018
PREPARED BY THE COURT Janet Z. Smith, JBC.
JEFFERY BELLO SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, BURLINGTON COUNTY
v.
DOCKET NO.: BUR-L-000638-18
CADILLAC, a division of
GENERAL MOTORS COMPANY, et
al., GENERAL MOTORS CIVIL ACTION
HOLDINGS, LLC, GENERAL
MOTORS, LLC, HOLMAN
CADILLAC, a division of HOLMAN ORDER
AUTOMOTIVE, INC., ESIS, INC, a
wholly owned Subsidiary of THE
CHUBB CORPORATION,
KERBECK CADILLAC, INC.,
GENERAL MOTORS FINANCIAL
COMPANY, 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
Defendant(s)
THIS MATTER having been opened to the Court upon application of
Jeffrey Bello, Plaintiff and a self-represented litigant, on a Motion to Compel
Page 1 of 2
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 9 of 126 Trans ID: LCV20191994327
BUR L 000638-18 07/15/2019 Pg 2 of 2 Trans ID: LCV20191249056
Discovery from Defendant, GM Financial; and the Court having considered the
submissions of counsel and having heard oral argument in the presence of
Jeffrey Bello, Plaintiff and a self-represented litigant; Monica Marsico, Esq.,
attorney for Defendants, General Motors LLC, ESIS, Inc., Holman Automotive,
Inc., and Kerbeck Cadillac, Inc. (“GM Defendants”), Benjamin Muzzi, Esq.,
attorney for Defendant, Airsept, Inc.; and David Murphy, Esq., attorney for
Defendant, GM Financial; and for the reasons stated on the record; and good
cause having been shown;
IT 18 on this / Stay of July, 2019, ORDERED that the motion to Compel
Discovery is carried to August 16, 2019.
IT IS FURTHER ORDERED that Plaintiff shall provide specific discovery
requests and how those requests apply to the cause of action by July 16, 2019.
IT IS FURTHER ORDERED that Defendant, GM Financial, shall respond
to Plaintiffs demands by August 6, 2019.
IT IS FURTHER ORDERED that a copy of the within Order shall be served
upon all counsel of record within seven (7) days of the date hereof.
on. Janet , Smith, J.8.C.
oorvossp
Q UNOPPOSED
Page
2 of 2
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 10 of 126 Trans ID: LCV20191994327
EXHIBIT 3
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 11 of 126 Trans ID: LCV20191994327
JEFFREY BELLO
143 E. Warren Street
Edgewater Park, New Jersey 08010
bell9900@aol.com
(609) 668-9300
ProSE Plaintiff
JEFFREY BELLO SUPERIOR COURT OF NEW JERSEY
Plaintiff /Petitioner LAW DIVISION
BURLINGTON COUNTY
Vs. Docket No.: L-638-18
GM FINANCIAL et al
Defendant /Respondenis Civil Action
PLAINTIFF’S DEMAND FOR PRODUCTION OF DOCUMENTS AND ANSWERS TO
INTERROGATORIES FROM THE DEFENDANT GM FINANCIAL et al
TO: Reed Smith, LLP
136 Main Street, Suite 250
Princeton, NJ 08540
Attomeys for Defendant GM Financial
Mr. Murphy,
As you have been so advised by the Court on July 11, 2019, please provide complete answers to
the Plaintiff's propounded discovery requests previously sent to you ‘in the form of
interrogatories, admissions, and document requests.
In an effort to assist you, and pursuant to the Court’s directive, please provide ALL
ommunications regarding the Plaintiff’s account with Defendant, GM FINANCIAL et al.
This should include ALL emails, internal memos, documents, and or communications
regarding the Plaintiff's account and/or the subject 2014 Cadillac. This would also include any
and ALL communications with ANY General Motors affiliate, franchise, individuals and/or
executives.
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 12 of 126 Trans ID: LCV20191994327
The call center log you have provided clearly refers to “emails” numerous times, yet no copies of
any emails have been provided? Additionally, the “call center” log makes no mention of AVP
Tammy Ward?
In your responses, please provide all parties “full names”, the entity where they were working at
the time of their involvement, their title(s) and job description.
Tn an effort to assist you, here are some of the names of the people that the Plaintiff
has been
advised were involved, or he had contact with: Angela Donaldson, Tammy Ward, Daniel Betce,
Kyle (last name unknown), Tiffany (last name unknown), and Rhea Whitfield.
As you are aware, this defendant is required to furnish all information available pursuant to
R. 4:17-4{a), and it is permissible for interrogatories to include a request for a copy of a
document pursuant to R. 4:17-1(a). Additionally, as the Plaintiff's involvement with this
Defendant is of a “financial” nature, GM Financial is required to maintain ALL records
regarding the Plaintiff for not less than SIX years, pursuant to New Jersey statute.
nemestaty nqunea y. WRFREY
GCBELLO
L — Plaintiff/ProSe
Dated: July 15, 2019
PROOF OF SERVICE
In accordance with R. 1:5-3, I certify that the within discovery requests were served in
accordance with R. 1:5-2, by ordinary mail, postage prepaid, mailed on the date set forth below.
on:
Reed Smith, LLP
136 Main Street, Suite 250
Princeton, NJ 08540
Attorneys for Defendant GM Financial
Dated: July 15, 2019 By: tyGp A
JEFF! REY BELLO — Plaintiff ProSe
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 13 of 126 Trans ID: LCV20191994327
EXHIBIT 4
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 14 of 126 Trans ID: LCV20191994327
Reediih through pertrership
David G. Murph
Reed Smith Lip
Princeton Forrestal Village
136 Main Street - Suite 250
Princeton, NJ 08540-7839
+1 609 987 0050
Direct Phone: +1 609 514 5947 Fax +1 609 951 0824
Email: dmurphy@reedsmith.com reedsmith.com
August 6, 2019
Via Email and Overnight Mail
Jeffrey M. Bello
143 E. Warren Street
Edgewater Park, New Jersey 08010
Re: Jeffrey Bello y. Cadillac, et al.
Docket No. BUR-L-638-18
Dear Mr. Bello:
As you are aware, this firm represents Defendant AmeriCredit Financial Services, Inc. d/b/a GM
Financial (“GM Financial”) in the above-referenced matter. We submit this letter in accordance with the
Court’s Order dated July 15, 2019, and in response to your filing titled “Plaintiff's Demand for
Production of Documents and Answers to Interrogatories ftom the Defendant GM Financial,” which is
dated July 15, 2019.
As a threshold matter, your July 15, 2019 filing does not comply with the Court’s Order, which
required you to “provide specific discovery requests and how those requests apply to the cause of
action.” Your correspondence does not specify which discovery requests were deficiently answered, nor
does your letter contain any explanation of how your requests apply to your single cause of action
against GM Financial for alleged violation of the Fair Credit Reporting Act (“FCRA”). Instead, it
contains generalized demands with no explanation of how those demands are relevant to your FCRA
claim. Simply, your demands seek irrelevant information.
To the extent responses can be provided, GM Financial maintains its objections that your
requests are overbroad and seek irrelevant information. A claim under the FCRA for failure to
investigate a credit dispute against a furnisher is a “limited,” as “liability can only be triggered when the
furnisher receives notice . . . of a potentially meritorious dispute,” and then fails to conduct a reasonable
investigation. Hood v. Victoria Crossing Townhouse Ass’n, No. 18-12259, 2019 WL 3336132, at *8-9
(DN.J. July 25, 2019) (citing SimmsParris v. Countrywide Fin. Corp., 684 F. App’x 240, 242 (3d Cir.
2017)). Your requests do not apply to this “limited” cause of action.
Critically, your generalized discovery demands fall outside of the scope of permissible discovery
in light of the limited relief that could be awarded under the FCRA. Pursuant to Rule 4:10-2(g), “the
needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake
in the litigation, and the importance of the proposed discovery in resolving the issues,” must be “tak[en]
into account” to ensure that “the burden or expense of the proposed discovery [does not] outweigh] its
likely benefit.” For the sake of argument, even if you were able to prove that GM Financial violated the
ABU DHABI + ATHENS ¢ AUSTIN + BELING ¢ CENTURY CITY ¢ CHICAGO DUBAI ¢ FRANKFURT ¢ HONG KONG # HOUSTON ¢ KAZAKHSTAN # LONDON ¢ LOS ANGELES# MIAN ¢ MUNICH
[NEW YORK ¢ PARIS ¢ PHILADELPHIA ¢ PITTSBURGH ¢ PRINCETON + RICHMOND ¢ SAN FRANCISCO © SHANGHAI ¢ SILICON VALLEY SINGAPORE ¢ TYSONS ¢ WASHINGTON, D.C. ¢ WILMINGTON
Diana A. Botting # Office Administrative
Partner # A United Liability Partnership formed in the Stale of Delaware
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 15 of 126 Trans ID: LCV20191994327
January 8, 2013
Page 2
FCRA (it did not), a “negligent” violation only permits “actual damages as a result of the failure,” and a
“willful” violation permits actual damages or statutory damages up to $1,000.00. 15 U.S.C. §§ 1681In,
16810. Based on your lack of proof of actual damages, your relief in this action with respect to GM
Financial is capped at the statutory maximum of $1,000.00. In light of this, your discovery requests are
not tailored to the needs of the case and create any unnecessary burden that outweighs the potential
benefit of the information sought.
ae ok ok
Despite the deficiency with your July 15, 2019 letter, in a good faith effort io resolve your
discovery dispute without any additional and unnecessary motion practice, GM Financial attempts to
respond to your generalized demands to the extent possible. Enclosed with this letter are the following
documents:
1 Privilege Log for Documents Bates-Stamped “GM Financial — Bello — 029” through
“GM Financial — Bello — 038”;
Lease Statements Bates-Stamped GM Financial -- Bello — 058 through 082; and
Transcripts for Telephone Calls, which are Bates-Stamped GM Financial — Bello — 083
through 099; and
4 Correspondence Bates-Stamped GM Financial -- Bello — 100.!
We construed your July 15, 2019 letter to contain two generalized requests for discovery. Each
request is addressed below:
First Request: “[P]lease provide all communications regarding the Plaintiff's account with
Defendant, GM Financial, et al. This should include all emails, internal memos, documents, and or
communications regarding the Plaintiff's accounts and/or the subject 2014 Cadillac. This would also
include any and all communications with any general motors affiliate, franchise, individuals and/or
executives.”
Response: The documents listed below, which have already been produced, are responsive to
your request:
GM Financial — Bello — 005 (Letter dated August 2, 2016);
GM Financial — Bello — 006 (Letter dated October 18, 2016);
GM Financial - Bello — 025 (Letter dated December 6, 2014);
GM Financial — Bello - 026 (Letter dated June 20, 2018);
GM Financial — Bello — 027 (Letter dated November 15, 2017);
GM Financia! — Bello — 028 (Letter dated May 9, 2018);
GM Financial — Bello — 029 through 038.
' In accordance with the Confidentiality Order in this matter, each of the documents being produced
with this letter are marked “Confidential.”
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 16 of 126 Trans ID: LCV20191994327
January 8, 2013
Page 3
Additional documents that are responsive to Plaintiffs generalized request are being produced
with this letter:
. GM Financial — Bello — 058 through 082 (Lease Statements);
e GM Financial — Bello — 083 through 099 (Transcripts of Telephone Calls)
e GM Financial — Bello — 100 (internal email).
At this time, we are not aware of any additional documents that are responsive to your request.
GM Financial’s search for responsive materials is ongoing. In the event that additional information
becomes available as GM Financial continues its investigation, GM Financial will supplement its
response.
Second Request: “[P]lease provide all parties ‘full names’, the entity where they were working
at the time of their involvement, their title(s) and job description. In an effort to assist you, here are
some of the people that the Plaintiff has been advised were involved, or he had contact with: Angela
Donaldson, Tammy Ward, Daniel Berce, Kyle (Last Name Unknown), Tiffany (Last Name Unknown),
and Rhea Whitfield.”
Response: GM Financial objects to this request on the grounds that it does not seek information
related to any pending claim in this action. Nor is this demand related to any specific discovery request
or response. Facially, this request is a fishing expedition to involve as many employees from GM
Financial that may or may not have spoken to you about your account. Listing every individual that
may have contacted you about your account adds nothing to the prosecution of your claim that GM
Financial violated the FCRA.
Moreover, to the extent you request full names and positions of various employees, you are
already aware of the full names of Tammy Ward, Angela Donaldson, Daniel Berce, and Rhea Whitfield,
as well as the job titles of Tammy Ward and Daniel Berce. To the extent you have ever communicated
with any of these individuals, it is, again, irrelevant to an FCRA claim.
# ROK
If you have any questions or concerns, please do not hesitate to contact me. Thank you for your
time and consideration with this matter.
Very truly yours,
fs/ David G. Murphy
David G. Murphy
cc! Benjamin Muzi, Esq. (via email}
Monica V. Pennisi Marisco, Esq. (via email)
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 17 of 126 Trans ID: LCV20191994327
EXHIBIT 5
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 18 of 126 Trans ID: LCV20191994327
BUR L 000638-18 08/19/2019 Pg 1of3 Trans ID: LCV20191469194
Filed With The Court
AUG 19 2019
Janet Z. smith, J.8.C.
PREPARED BY THE COURT
JEFFERY BELLO SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, BURLINGTON COUNTY
Vv.
DOCKET NO.: BUR-L-000638-18
CADILLAC, a division of
GENERAL MOTORS COMPANY, et
al., GENERAL MOTORS CIVIL ACTION
HOLDINGS, LLC, GENERAL
MOTORS, LLC, HOLMAN RETAIL
HOLDINGS, LLC, ESIS, INC. a CASE MANAGEMENT ORDER
wholly owned Subsidiary of THE
CHUBB CORPORATION,
KERBECK CADILLAC, INC.,
GENERAL MOTORS FINANCIAL
COMPANY, 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
Defendant(s}
THIS MATTER having been opened to the Court for a Case Management
Conference on August 12, 2019 in the presence of Jeffrey Bello, Plaintiff and a
Page 1 of 3
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 19 of 126 Trans ID: LCV20191994327
BUR L 000638-18 08/19/2019 Pg 2of3 Trans ID: LCV20191469194
self-represented litigant; Monica Marsico, Esq., attorney for Defendants, General
Motors LLC, ESIS, Inc., Holman Automotive, Inc., and Kerbeck Cadillac, Inc.
(“GM Defendants”); Anne Dalena, Esq., attorney for Defendant, Airsept, Inc.; and
David Murphy, Esq., attorney for Defendant, GM Financial; and the Court having
relied upon the representations of the parties; and for the reasons stated on the
record; and good cause having been shown;
IT IS on this 19% day of August, 2019, ORDERED that Plaintiff's Motion
to Compel Discovery from the GM Defendants is hereby DENIED.
IT IS FURTHER ORDERED that Plaintiff's Motion to Compel Discovery
from GM Financial is hereby DENIED.
IT IS FURTHER ORDERED that Airsept shall make a diligent inquiry into
whether documents and or approvals regarding the chemical makeup and
chemical usage for the subject product exist. Airsept shall certify as to the
completeness of the discovery provided.
IT IS FURTHER ORDERED that GM Defendants’ Motion to Substitute
Proper Party is hereby GRANTED.
IT IS FURTHER ORDERED that discovery shall proceed as follows:
1. Depositions of all fact, party, and representative witnesses shall
be concluded by November 27, 2019.
2. All of Plaintiff's expert reports shall be supplied by January 31,
2020.
3. All of Defendants’ expert reports shall be supplied by March 31,
2020.
Page 2 of 3
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 20 of 126 Trans ID: LCV20191994327
BUR L 000638-18 08/19/2019 Pg3of3 Trans ID: LCV20191469194
4. The Discovery End Date is March 31, 2020.
IT IS FURTHER ORDERED that a copy of the within Order shall be served
upon all counsel of record within seven (7) days of the date hereof.
on. JanetZ. Smith, J.8.C
Q) UNOPPOSED
Page 3 of 3
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 21 of 126 Trans ID: LCV20191994327
EXHIBIT 6
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 22 of 126 Trans ID: LCV20191994327
Murphy, David G.
From: bell9900@aol.com
Sent: Saturday, August 31, 2019 10:48 AM
z
To: Clara Brown
Ce Murphy, David G.; Benjamin.Muzi@wilsonelser.com; Monica Marsico
Subject: Re: Bello v. GM
Follow Up Flag: Flag for follow up
Flag Status: Flagged
EXTERNAL E-MAIL
To All Defendants’ Counsel,
Please be advised that the Plaintiff will NOT be available for your proposed depositions of September 19,20, and 23.
All Counsel should be already aware that Plaintiff's health continues in serious decline. Multiple “urgent” medical
evaluations are scheduled for September. All parties will be forwarded information regarding these “new” medical
evaluations as they occur, and the results of same.
Moving forward, the Plaintiff will NOT be physically able to attend any deposition prior to the noon time hour, due to
“daily” worsening illness.
A formal letter will be supplied to all parties this week, with a proposed schedule for defendants to be deposed.
Sincerely,
Jeffrey Bello
Plaintiff
On Aug 21, 2019, at 12:14 PM, Clara Brown wrote:
Mr. Bello, Please see the attached,
Clara Brown
Legal Assistant to
Monica V. Pennisi Marsico, Esquire
Alexander M. Shaen, Esquire and
Brian L. Wolensky, Esquire
Direct Dial: (215) 526-2687
Facsimile No.: (215) 320-3261
cbhrown@rtiglaw.com
1515 Market Street, Suite 700
Philadelphia, PA 19102
1
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 23 of 126 Trans ID: LCV20191994327
EXHIBIT 7
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 24 of 126 Trans ID: LCV20191994327
ReedSmith Reed Smith tip
Princeton Forrestal Village
though panerip 136 Main Street - Suite 250
Princeton, NJ 08540-7839
David G. Murph +1 609 987 0050
Direct Phone: +1 609 514 5947 Fax +1 609 951 0824
Email: dmurphy@reedsmith.com reedsmith.com
September 16, 2019
Via Email, Overnight, Regular,
and Certified Mail, RRR
Jeffrey M. Bello
143 E. Warren Street
Edgewater Park, New Jersey 08010
Re: Jeffrey Bello y. Cadillac, et al.
Docket No.: BUR-L-68-18
Dear Mr. Bello:
This firm represents Defendant AmeriCredit Financial Services, Inc. d/b/a GM Financial (“GM
Financial”) in the above-referenced matter. I have received your “Motion for Default for Fraud upon the
Court & Judicial Misconduct” (hereafter your “Motion”), which is currently returnable on September
27, 2019. I have carefully reviewed your Motion and the relevant legal authority, and your claims
against the Court, GM Financial, and myself lack any legal or factual basis to support the relief sought
from the Court, and are therefore unfounded and frivolous.
Pursuant to Rule 1:4-8, I demand that you withdraw your Motion. If you do not withdraw your
Motion, I will file the appropriate motion for sanctions, including monetary relief and for attorneys’
fees, pursuant to Rule 1:4-8(b). Please be advised that if you do not withdraw your Motion, you are
required to either: (i) adjourn the return date of your Motion until October 25, 2019, so that more than
twenty-eight days may pass from the date of this letter; or (ii) waive the twenty-cight day period
required for GM Financia! to file its motion for sanctions. R. 1:4-8(b)(1) (‘A movant who does not
request an adjournment of the return date as provided herein shall be deemed to have elected the
waiver.”).
Your Motion appears to be an improper motion for reconsideration of the Court’s Order dated
August 19, 2019, in which your discovery motion against GM Financial was denied. Your Motion also
improperly secks default to be entered against GM Financial, even though GM Financial has not
defaulted in the action, discovery is not complete, and dispositive motions have not been filed. Even if
your Motion is construed as a motion for sanctions, it does not comply with any of the requirements set
forth in the New Jersey Court Rules for imposing sanctions. Your Motion is transparent — it is designed
to harass GM Financial and the Court, and secks a shortcut to judgment even though you have not
proven your claims.
DIIABI + 6ATHENS
[ABUNEWYORK + AUSTIN 6 BERING ¢ CENTURY CITY # CHICAGO # DALLAS ¢ DUBAI ¢ FRANKFURT ¢ HONG KONG ¢ HOUSTON # KAZAKHSTAN ¢ LONDON ¢ LOS ANGELES + ainall # MUNICH
PARIS ¢ PHILADELPHIA 6 PITTSBURGH * PRINCETON + RICHMOND # SAN FRANCISCO SHANGHAI ¢ SILICON VALLEY ¢ SINGAPORE # TYSONS ¢ WASHINGTON, D.C. ¢ WILMINGTON.
Diane A, Retina $ Office Aaministralive
Partner # A Limited Liailty Partnership formed in the State of Delaware
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 25 of 126 Trans ID: LCV20191994327
September 16, 2019
Page 2 ReedSmith
As you are well aware, your Motion is replete with misstatements. For instance, you
mischaracterize legal arguments from GM Financial as “deliberate false statements” or “blatant lie[s].”
See generally Certification of Jeffrey Bello in Support of Motion for Default for Fraud Upon the Court
& Judicial Misconduct (“Bello Cert.”); Pl.’s Brief. You also misstate relevant procedural history, such
as your claim that that you complied with the Court’s directive to make specific requests for additional
discovery (Bello Cert. at [{] 10-14; Pi.’s Brief at 1-3), and that I “falsely testified” about the recording
that was provided with your application for injunctive relief in 2018 (Bello Cert. at 15; Pl.'s Br. at 4-
12). These allegations are meritless.
Furthermore, your Motion, along with other filings in this action, contains empty threats that I
will be criminally prosecuted and that my license to practice law will be suspended or revoked because I
am defending my client. Bello Cert. at | 6; Pl.'s Brief at 1-3, 6-7, 10-12, 15, 17 (“Plaintiff is ‘positive’
of one thing; that once the evidence in this matter (including the calls with AVP Tammy Ward) is
reviewed, Mr. Murphy will not be practicing law — at least not in New Jersey.”). Likewise, your claims
that the Court’s impartiality has been jeopardized are baseless. Pi.’s Brief at 2-3, 7, 11-12, 17 (‘The
obvious tone of the Court and the animus expressed towards the Plaintiff . . . was clearly visible for all
to see.”). These statements are telling of your motivation in filing your Motion — to harass the Court and
the parties.
Accordingly, your Motion falls squarely within the definition of applications filed “for an
improper purpose, such as to harass or to cause unnecessary delay or needless increase to the cost of
litigation,” which are expressly prohibited by the New Jersey Court Rules. R. 1:4-8(a)(1). By signing
and filing your Motion, you have violated Rule 1:4-8(a) (1) and the Frivolous Litigation Act, N.J.S.A.
2A:15-59.1, et seq. Neither GM Financial nor the Court should be compelled to continue litigating
applications that have no merit and are only intended to harass the parties and the Court. If your Motion
is not withdrawn, please be advised that GM Financial will apply for relief under the Court Rules and
the Frivolous Litigation Act, including sanctions and recovery of the allowable attorneys’ fees and costs
incurred in defending against this frivolous application.
Please be guided accordingly.
Very truly yours,
¢s/ David G. Mur;
David G. Murphy
cc! Counsel of Record (via email)
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 26 of 126 Trans ID: LCV20191994327
EXHIBIT 8
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 27 of 126 Trans ID: LCV20191994327
BUR-L-000638-18 09/18/2019 2:16:13 PM Pg 4 of 1 Trans ID: LCV20191685673
ReedSmith Reed Smith Lip
Princeton Forrestal Village
through Penneeship 136 Main Street - Suite 250
Princeton, NJ 08540-7839
David G. Murphy +4 609 987 0050
Direct Phone: +1609 514 5947 ‘ax +1 609 951 0824
Email: dmurphy@reedsmith.com reedsmith.com
September 18, 2019
Via eCourts
Hon. Janet Z. Smith, J.S.C.
Burlington County Office Building
49 Rancocas Road, 4“ Floor
Mount Holly, NJ 08060
Re; Jeffrey Bello y. Cadillac, A Division of General Motors Company, et al.
Docket No. BUR-L-638-18
Dear Judge Smith:
We represent Defendant AmeriCredit Financial Services, Inc., d/b/a GM Financial (“GM
Financial”) in the above-referenced matter. We submit this letter to request an adjournment of the oral
argument currently scheduled for September 24, 2019. We have conferred with counsel for the other
defendants in this case, and all defendants are available to appear for argument on October 14th, 15th, or
30", whichever is most convenient for the Court.
On September 16, 209, in response to the latest motion filed by Plaintiff Jeffrey Bello
(Plaintiff), GM Financial sent Plaintiff a letter pursuant to Rule 1:4-8 demanding that Plaintiff
withdraw his motion. As required by the Court Rules, GM Financial requested that Plaintiff adjourn his
motion (made returnable on September 27, 2019) at least two cycles so that more than twenty-eight days
could transpire between GM Financial’s withdrawal demand and the return date of Plaintiff's
motion. Plaintiff has not responded to GM Financial’s letter. An adjournment of the oral argument for
Plaintiff's motion to at least October 14, 2019 will allow more than twenty-eight days to pass following
GM
Preview
BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 1 of 2 Trans ID: LCV20191994327 REED SMITH LLP Formed in the State of Delaware Diane A. Bettino, Esquire (033241991) David G. Murphy, Esquire (069822013) Princeton Forrestal Village 136 Main Street, Suite 250 Princeton, NJ 08540 Tel. (609) 514-5954 Fax (609) 951-0824 Attorneys for Defendant AmeriCredit Financial Services, Inc., d/b/a GM Financial JEFFREY BELLO, SUPERIOR COURT OF NEW JERSEY LAW DIVISION, BURLINGTON COUNTY Plaintiff, Docket No. L-000638-18 V. Civil Action CADILLAC, A DIVISION OF GENERAL MOTORS COMPANY, ET AL., NOTICE OF CROSS-MOTION FOR SANCTIONS AGAINST PLAINTIFF Defendants. JEFFREY M. BELLO To: Jeffrey M. Bello 143 E. Warren Street Edgewater Park, New Jersey 08010 PLEASE TAKE NOTICE that the undersigned attorneys for Defendants AmeriCredit Financial Services, Inc. d/b/a GM Financial (“GM Financial’) shall move before the Honorable Janet Z. Smith, J.S.C. at the Superior Court of New Jersey, Law Division, Burlington County Court Facility, 49 Rancocas Road, Mount Holly, NJ 08060 on November 8, 2019, at 9:00 a.m. or as soon as counsel may be heard for an Order granting GM Financial’s Cross-Motion for Sanctions against Plaintiff Jeffrey M. Bello. PLEASE TAKE FURTHER NOTICE that Gm Financial shall rely on the enclosed Memorandum of Law and Certification of David G. Murphy, Esq., with exhibits. -l- BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 2 of 2 Trans ID: LCV20191994327 PLEASE TAKE FURTHER NOTICE that a proposed form of Order is submitted herewith in accordance with Rule 1:6-2. An original of the proposed Order is attached to the moving papers. PLEASE TAKE FURTHER NOTICE that GM Financial waives oral argument and request a ruling on the papers unless opposition is timely filed and served, in which case GM Financial requests oral argument on the motion. Dated: October 30, 2019 REED SMITH LLP /s/ David G. Murphy David G. Murphy -2- BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 1 of 2 Trans ID: LCV20191994327 REED SMITH LLP Formed in the State of Delaware Diane A. Bettino, Esquire (033241991) David G. Murphy, Esquire (069822013) Princeton Forrestal Village 136 Main Street, Suite 250 Princeton, NJ 08540 Tel. (609) 514-5954 Fax (609) 951-0824 Attorneys for Defendant AmeriCredit Financial Services, Inc., d/b/a GM Financial JEFFREY BELLO, SUPERIOR COURT OF NEW JERSEY LAW DIVISION, BURLINGTON COUNTY Plaintiff, Docket No. L-000638-18 V. Civil Action CADILLAC, A DIVISION OF GENERAL MOTORS COMPANY, ET AL., ORDER DENYING PLAINTIFF’S MOTIONS FOR DEFAULT AND Defendants. RECUSAL AND GRANTING DEFENDANT’S CROSS-MOTION FOR SANCTIONS This matter having been opened to the Court by Plaintiff Jeffrey Bello (‘Plaintiff’), proceeding pro se, on a “Motion for Default for Fraud Upon the Court & Judicial Misconduct” and “Motion Seeking Recusal”; and by Reed Smith LLP, attorneys for Defendants AmeriCredit Financial Services, Inc. d/b/a GM Financial, Daniel Berce and Tammy Ward (“Defendants”), on a Cross-Motion for Sanctions against Plaintiff; and on notice to all parties; and the Court having considered the moving and opposition papers, if any, submitted by the parties, and oral argument, if any, and for good cause shown; IT IS on this day of ; 2019, ORDERED as follows: 1 Plaintiff's “Motion for Default for Fraud upon the Court & Judicial Misconduct” is hereby DENIED; 2 Plaintiff s “Motion Seeking Recusal” is hereby DENIED; -1- BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 2 of 2 Trans ID: LCV20191994327 Defendants’ Cross Motion for Sanctions against Plaintiff Jeffrey Bello is hereby GRANTED; Defendants shall submit an application to the court for the computation of an award of attorneys’ fees to be paid by Plaintiff Jeffery Bello within twenty-one (21) days from the entry of this Order; Any future motions and/or filings by Plaintiff Jeffrey Bello shall be reviewed by this Court as soon as practicable after being filed, but before service is effectuated on any defendant. In the event Plaintiff Jeffrey Bello submits any future motions and/or filings, without prior written permission from the Court, defendants do not have an obligation to respond unless directed by the Court. The Court may sua sponte strike any patently frivolous or non-meritorious motions and/or filings submitted by Plaintiff Jeffrey Bello in connection with this action and may impose additional sanctions on Plaintiff Jeffrey Bello for good cause; A copy of this Order shall be served by Defendants’ counsel upon all parties within seven (7) days of receipt of the same. HON. JANET Z. SMITH, J.S.C. (] Opposed 0] Unopposed -2- BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 1 of 126 Trans ID: LCV20191994327 REED SMITH LLP Formed in the State of Delaware Diane A. Bettino, Esquire (033241991) David G. Murphy, Esquire (069822013) Princeton Forrestal Village 136 Main Street, Suite 250 Princeton, NJ 08540 Tel. (609) 514-5954 Fax (609) 951-0824 Attorneys for Defendant AmeriCredit Financial Services, Inc., d/b/a GM Financial JEFFREY BELLO, SUPERIOR COURT OF NEW JERSEY LAW DIVISION, BURLINGTON COUNTY Plaintiff, Docket No. L-000638-18 V. Civil Action CADILLAC, A DIVISION OF GENERAL MOTORS COMPANY, ET AL., CERTIFICATION OF DAVID G. MURPHY, ESQ. Defendants. I, David G. Murphy, of full age, hereby certify as follow: 1 I am an attorney licensed to practice in the State of New Jersey, and an attorney with the law firm of Reed Smith LLP, counsel for Defendant AmeriCredit Financial Services, Inc. d/b/a GM Financial (“GM Financial”). As such, I am fully familiar with the facts set forth herein. 2 I make this Certification in support of Defendant GM Financial’s Opposition to Plaintiff Jeffrey Bello’s (“Plaintiff”) “Motion for Default for Fraud Upon the Court & Judicial Misconduct” and “Motion Seeking Recusal,” and in support of GM Financial’s Cross Motion for Sanctions. 3 A true and correct copy of Plaintiff's Motion to Compel Discovery against GM Financial, which Plaintiff filed on June 14, 2019, is attached hereto as Exhibit 1. -l- BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 2 of 126 Trans ID: LCV20191994327 4 A true and correct copy of the Court’s Order, which was filed on July 15, 2019, is attached hereto as Exhibit 2. 5 A true and correct copy of “Plaintiff's Demand for Production of Documents and Answers to Interrogatories from the Defendant GM Financial et al,” which was received via email on July 15, 2019, is attached hereto as Exhibit 3. 6. A true and correct copy of GM Financial’s August 6, 2019 letter, sent in response to Plaintiff's July 15, 2019 correspondence, is attached hereto as Exhibit 4. 7 A true and correct copy of the Court’s Order, which was filed on August 19, 2019, is attached hereto as Exhibit 5. 8 A true and correct copy of Plaintiff's August 31, 2019 email to counsel of record is attached hereto as Exhibit 6. 9 In Plaintiff's August 31, 2019 email, Plaintiff indicated that “[a]ll parties will be forwarded information regarding these ‘new’ medical evaluations as they occur, and the results of same,” and that “[a] formal letter will be supplied to all parties this week, with a proposed schedule for defendants to be deposed.” Ex. 6. To date, GM Financial has not received any information 2 from Plaintiff about “new medical evaluations, the results of same,” or a “formal letter . . . with a proposed schedule for defendants to be deposed.” 10. A true and correct copy of GM Financial’s Rule 1:4-8 Letter to Plaintiff, which was sent to Plaintiffon September 16, 2019, is attached hereto as Exhibit 7. 11. A true and correct copy of GM Financial’s correspondence to the Court ,which was filed on September 18, 2019, is attached hereto as Exhibit 8. -2- BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 3 of 126 Trans ID: LCV20191994327 12. A true and correct copy of the email thread containing Plaintiff's September 18, 2019 correspondence, advising counsel of record that Plaintiff would not cooperate with any efforts to reschedule his deposition, is attached hereto as Exhibit 9. 13. A true and correct copy of Plaintiff's letter to the Court, dated September 18, 2019, is attached hereto as Exhibit 10. 14. A true and correct copy of Plaintiff's letter to the Court, dated September 19, 2019, is attached hereto as Exhibit 11. 15. A true and correct copy of the GM Defendants’ Motion to Compel Plaintiff's Deposition and Updated Medical Information, filed on September 25, 2019, is attached hereto as Exhibit 12. 16. A true and correct copy of Plaintiff's “Supplement to Plaintiffs Motion for Default for Fraud Upon the Court and Judicial Misconduct by GM Financial,” which was filed on September 25, 2019, is attached hereto as Exhibit 13. 17. A true and correct copy of Plaintiff's “Motion Seeking Recusal,” which was filed on September 25, 2019, is attached hereto as Exhibit 14. 18. A true and correct copy of GM Financial’s letter to the Court, filed on September 30, 2019, is attached hereto as Exhibit 15. 19. A true and correct copy of the Court’s Notice of Adjournment, dated October 1, 2019, is attached hereto as Exhibit 16. 20. A true and correct copy of Plaintiff's “Final Letter to this Court,” dated November 13, 2018, is attached hereto as Exhibit 17. -3- BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 4 of 126 Trans ID: LCV20191994327 21. A true and correct copy of Plaintiffs correspondence to Judge Ronald. J. Bookbinder, A.J.S.C., dated August 5, 2015, which was filed in connection with the matter captioned Bello v. Lexus, docket number BUR-L-1384-08, is attached hereto as Exhibit 18. 22. True and correct copies of the letters dated November 10, 2015, November 13, 2015, and November 20, 2015, between Plaintiff and Deputy Attorney General Aaron A. Love, which were filed in the matter captioned Bello v. Edgewater Park Sewerage Authority, docket number 1:15-cv-06768-RBK-KMW,, are attached hereto as Exhibit 19. 23. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me is willfully false, I am subject to punishment. Dated: October 30, 2019 REED SMITH LLP /s/ David G. Murphy David G. Murphy -4- BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 5 of 126 Trans ID: LCV20191994327 EXHIBIT 1 BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 6 of 126 Trans ID: LCV20191994327 BUR L 000638-18 06/14/2019 Pg 1 of 3 Trans ID: LCV20191074361 Suypitn JEFFREY BELLO aT 143 E. Warren Street Edgewater Park, New Jersey 08010 18 Dit 609-668-9300 arr 2225 bell9900@aol.com. June 13, 2019 Sent Via Hand Delivery The Honorable Janet Z. Smith, J.S.C. Superior Court of New Jersey Civil Division 49 Rancocas Road MOTION COMPELLING DISCOVERY Mt.Holly, New Jersey 08060 FROM GM FINANCIAL COMPANY, INC, LETTER BRIEF REF: BELLO ys. GM et al. (GM FINANCIAL) Docket No.; BUR-L- 638-18 Dear Judge Smith, As is referenced above, I am the Pro SE Plaintiffin the above referenced case, Your Honor, please find this “Letter Brief” in lieu of a much formal Brief from the Plaintiff, secking an Order Compelling the Defendant, GM Financial Company, Inc., represented by the attorney David Murphy, to produce entitled discovery documents, and proper answers to interrogatories and the admissions. The Plaintiff sent initial request to this defendant, pursuant to the Court’s directive, on December 14, 2018, and followed with additional notification through Court filings on April 17, 2019. This Defendant has not complied. The Plaintiff files this Motion pursuant to Rules 4:23-1, BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 7 of 126 Trans ID: LCV20191994327 EXHIBIT 2 F BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 8 of 126 Trans ID: LCV20191994327 BUR L 000638-18 07/15/2019 Pg 1 of 2 Trans ID: LCV20191249056 With The Court we 15 2018 PREPARED BY THE COURT Janet Z. Smith, JBC. JEFFERY BELLO SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, BURLINGTON COUNTY v. DOCKET NO.: BUR-L-000638-18 CADILLAC, a division of GENERAL MOTORS COMPANY, et al., GENERAL MOTORS CIVIL ACTION HOLDINGS, LLC, GENERAL MOTORS, LLC, HOLMAN CADILLAC, a division of HOLMAN ORDER AUTOMOTIVE, INC., ESIS, INC, a wholly owned Subsidiary of THE CHUBB CORPORATION, KERBECK CADILLAC, INC., GENERAL MOTORS FINANCIAL COMPANY, 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 Defendant(s) THIS MATTER having been opened to the Court upon application of Jeffrey Bello, Plaintiff and a self-represented litigant, on a Motion to Compel Page 1 of 2 BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 9 of 126 Trans ID: LCV20191994327 BUR L 000638-18 07/15/2019 Pg 2 of 2 Trans ID: LCV20191249056 Discovery from Defendant, GM Financial; and the Court having considered the submissions of counsel and having heard oral argument in the presence of Jeffrey Bello, Plaintiff and a self-represented litigant; Monica Marsico, Esq., attorney for Defendants, General Motors LLC, ESIS, Inc., Holman Automotive, Inc., and Kerbeck Cadillac, Inc. (“GM Defendants”), Benjamin Muzzi, Esq., attorney for Defendant, Airsept, Inc.; and David Murphy, Esq., attorney for Defendant, GM Financial; and for the reasons stated on the record; and good cause having been shown; IT 18 on this / Stay of July, 2019, ORDERED that the motion to Compel Discovery is carried to August 16, 2019. IT IS FURTHER ORDERED that Plaintiff shall provide specific discovery requests and how those requests apply to the cause of action by July 16, 2019. IT IS FURTHER ORDERED that Defendant, GM Financial, shall respond to Plaintiffs demands by August 6, 2019. IT IS FURTHER ORDERED that a copy of the within Order shall be served upon all counsel of record within seven (7) days of the date hereof. on. Janet , Smith, J.8.C. oorvossp Q UNOPPOSED Page 2 of 2 BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 10 of 126 Trans ID: LCV20191994327 EXHIBIT 3 BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 11 of 126 Trans ID: LCV20191994327 JEFFREY BELLO 143 E. Warren Street Edgewater Park, New Jersey 08010 bell9900@aol.com (609) 668-9300 ProSE Plaintiff JEFFREY BELLO SUPERIOR COURT OF NEW JERSEY Plaintiff /Petitioner LAW DIVISION BURLINGTON COUNTY Vs. Docket No.: L-638-18 GM FINANCIAL et al Defendant /Respondenis Civil Action PLAINTIFF’S DEMAND FOR PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES FROM THE DEFENDANT GM FINANCIAL et al TO: Reed Smith, LLP 136 Main Street, Suite 250 Princeton, NJ 08540 Attomeys for Defendant GM Financial Mr. Murphy, As you have been so advised by the Court on July 11, 2019, please provide complete answers to the Plaintiff's propounded discovery requests previously sent to you ‘in the form of interrogatories, admissions, and document requests. In an effort to assist you, and pursuant to the Court’s directive, please provide ALL ommunications regarding the Plaintiff’s account with Defendant, GM FINANCIAL et al. This should include ALL emails, internal memos, documents, and or communications regarding the Plaintiff's account and/or the subject 2014 Cadillac. This would also include any and ALL communications with ANY General Motors affiliate, franchise, individuals and/or executives. BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 12 of 126 Trans ID: LCV20191994327 The call center log you have provided clearly refers to “emails” numerous times, yet no copies of any emails have been provided? Additionally, the “call center” log makes no mention of AVP Tammy Ward? In your responses, please provide all parties “full names”, the entity where they were working at the time of their involvement, their title(s) and job description. Tn an effort to assist you, here are some of the names of the people that the Plaintiff has been advised were involved, or he had contact with: Angela Donaldson, Tammy Ward, Daniel Betce, Kyle (last name unknown), Tiffany (last name unknown), and Rhea Whitfield. As you are aware, this defendant is required to furnish all information available pursuant to R. 4:17-4{a), and it is permissible for interrogatories to include a request for a copy of a document pursuant to R. 4:17-1(a). Additionally, as the Plaintiff's involvement with this Defendant is of a “financial” nature, GM Financial is required to maintain ALL records regarding the Plaintiff for not less than SIX years, pursuant to New Jersey statute. nemestaty nqunea y. WRFREY GCBELLO L — Plaintiff/ProSe Dated: July 15, 2019 PROOF OF SERVICE In accordance with R. 1:5-3, I certify that the within discovery requests were served in accordance with R. 1:5-2, by ordinary mail, postage prepaid, mailed on the date set forth below. on: Reed Smith, LLP 136 Main Street, Suite 250 Princeton, NJ 08540 Attorneys for Defendant GM Financial Dated: July 15, 2019 By: tyGp A JEFF! REY BELLO — Plaintiff ProSe BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 13 of 126 Trans ID: LCV20191994327 EXHIBIT 4 BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 14 of 126 Trans ID: LCV20191994327 Reediih through pertrership David G. Murph Reed Smith Lip Princeton Forrestal Village 136 Main Street - Suite 250 Princeton, NJ 08540-7839 +1 609 987 0050 Direct Phone: +1 609 514 5947 Fax +1 609 951 0824 Email: dmurphy@reedsmith.com reedsmith.com August 6, 2019 Via Email and Overnight Mail Jeffrey M. Bello 143 E. Warren Street Edgewater Park, New Jersey 08010 Re: Jeffrey Bello y. Cadillac, et al. Docket No. BUR-L-638-18 Dear Mr. Bello: As you are aware, this firm represents Defendant AmeriCredit Financial Services, Inc. d/b/a GM Financial (“GM Financial”) in the above-referenced matter. We submit this letter in accordance with the Court’s Order dated July 15, 2019, and in response to your filing titled “Plaintiff's Demand for Production of Documents and Answers to Interrogatories ftom the Defendant GM Financial,” which is dated July 15, 2019. As a threshold matter, your July 15, 2019 filing does not comply with the Court’s Order, which required you to “provide specific discovery requests and how those requests apply to the cause of action.” Your correspondence does not specify which discovery requests were deficiently answered, nor does your letter contain any explanation of how your requests apply to your single cause of action against GM Financial for alleged violation of the Fair Credit Reporting Act (“FCRA”). Instead, it contains generalized demands with no explanation of how those demands are relevant to your FCRA claim. Simply, your demands seek irrelevant information. To the extent responses can be provided, GM Financial maintains its objections that your requests are overbroad and seek irrelevant information. A claim under the FCRA for failure to investigate a credit dispute against a furnisher is a “limited,” as “liability can only be triggered when the furnisher receives notice . . . of a potentially meritorious dispute,” and then fails to conduct a reasonable investigation. Hood v. Victoria Crossing Townhouse Ass’n, No. 18-12259, 2019 WL 3336132, at *8-9 (DN.J. July 25, 2019) (citing SimmsParris v. Countrywide Fin. Corp., 684 F. App’x 240, 242 (3d Cir. 2017)). Your requests do not apply to this “limited” cause of action. Critically, your generalized discovery demands fall outside of the scope of permissible discovery in light of the limited relief that could be awarded under the FCRA. Pursuant to Rule 4:10-2(g), “the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues,” must be “tak[en] into account” to ensure that “the burden or expense of the proposed discovery [does not] outweigh] its likely benefit.” For the sake of argument, even if you were able to prove that GM Financial violated the ABU DHABI + ATHENS ¢ AUSTIN + BELING ¢ CENTURY CITY ¢ CHICAGO DUBAI ¢ FRANKFURT ¢ HONG KONG # HOUSTON ¢ KAZAKHSTAN # LONDON ¢ LOS ANGELES# MIAN ¢ MUNICH [NEW YORK ¢ PARIS ¢ PHILADELPHIA ¢ PITTSBURGH ¢ PRINCETON + RICHMOND ¢ SAN FRANCISCO © SHANGHAI ¢ SILICON VALLEY SINGAPORE ¢ TYSONS ¢ WASHINGTON, D.C. ¢ WILMINGTON Diana A. Botting # Office Administrative Partner # A United Liability Partnership formed in the Stale of Delaware BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 15 of 126 Trans ID: LCV20191994327 January 8, 2013 Page 2 FCRA (it did not), a “negligent” violation only permits “actual damages as a result of the failure,” and a “willful” violation permits actual damages or statutory damages up to $1,000.00. 15 U.S.C. §§ 1681In, 16810. Based on your lack of proof of actual damages, your relief in this action with respect to GM Financial is capped at the statutory maximum of $1,000.00. In light of this, your discovery requests are not tailored to the needs of the case and create any unnecessary burden that outweighs the potential benefit of the information sought. ae ok ok Despite the deficiency with your July 15, 2019 letter, in a good faith effort io resolve your discovery dispute without any additional and unnecessary motion practice, GM Financial attempts to respond to your generalized demands to the extent possible. Enclosed with this letter are the following documents: 1 Privilege Log for Documents Bates-Stamped “GM Financial — Bello — 029” through “GM Financial — Bello — 038”; Lease Statements Bates-Stamped GM Financial -- Bello — 058 through 082; and Transcripts for Telephone Calls, which are Bates-Stamped GM Financial — Bello — 083 through 099; and 4 Correspondence Bates-Stamped GM Financial -- Bello — 100.! We construed your July 15, 2019 letter to contain two generalized requests for discovery. Each request is addressed below: First Request: “[P]lease provide all communications regarding the Plaintiff's account with Defendant, GM Financial, et al. This should include all emails, internal memos, documents, and or communications regarding the Plaintiff's accounts and/or the subject 2014 Cadillac. This would also include any and all communications with any general motors affiliate, franchise, individuals and/or executives.” Response: The documents listed below, which have already been produced, are responsive to your request: GM Financial — Bello — 005 (Letter dated August 2, 2016); GM Financial — Bello — 006 (Letter dated October 18, 2016); GM Financial - Bello — 025 (Letter dated December 6, 2014); GM Financial — Bello - 026 (Letter dated June 20, 2018); GM Financial — Bello — 027 (Letter dated November 15, 2017); GM Financia! — Bello — 028 (Letter dated May 9, 2018); GM Financial — Bello — 029 through 038. ' In accordance with the Confidentiality Order in this matter, each of the documents being produced with this letter are marked “Confidential.” BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 16 of 126 Trans ID: LCV20191994327 January 8, 2013 Page 3 Additional documents that are responsive to Plaintiffs generalized request are being produced with this letter: . GM Financial — Bello — 058 through 082 (Lease Statements); e GM Financial — Bello — 083 through 099 (Transcripts of Telephone Calls) e GM Financial — Bello — 100 (internal email). At this time, we are not aware of any additional documents that are responsive to your request. GM Financial’s search for responsive materials is ongoing. In the event that additional information becomes available as GM Financial continues its investigation, GM Financial will supplement its response. Second Request: “[P]lease provide all parties ‘full names’, the entity where they were working at the time of their involvement, their title(s) and job description. In an effort to assist you, here are some of the people that the Plaintiff has been advised were involved, or he had contact with: Angela Donaldson, Tammy Ward, Daniel Berce, Kyle (Last Name Unknown), Tiffany (Last Name Unknown), and Rhea Whitfield.” Response: GM Financial objects to this request on the grounds that it does not seek information related to any pending claim in this action. Nor is this demand related to any specific discovery request or response. Facially, this request is a fishing expedition to involve as many employees from GM Financial that may or may not have spoken to you about your account. Listing every individual that may have contacted you about your account adds nothing to the prosecution of your claim that GM Financial violated the FCRA. Moreover, to the extent you request full names and positions of various employees, you are already aware of the full names of Tammy Ward, Angela Donaldson, Daniel Berce, and Rhea Whitfield, as well as the job titles of Tammy Ward and Daniel Berce. To the extent you have ever communicated with any of these individuals, it is, again, irrelevant to an FCRA claim. # ROK If you have any questions or concerns, please do not hesitate to contact me. Thank you for your time and consideration with this matter. Very truly yours, fs/ David G. Murphy David G. Murphy cc! Benjamin Muzi, Esq. (via email} Monica V. Pennisi Marisco, Esq. (via email) BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 17 of 126 Trans ID: LCV20191994327 EXHIBIT 5 BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 18 of 126 Trans ID: LCV20191994327 BUR L 000638-18 08/19/2019 Pg 1of3 Trans ID: LCV20191469194 Filed With The Court AUG 19 2019 Janet Z. smith, J.8.C. PREPARED BY THE COURT JEFFERY BELLO SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, BURLINGTON COUNTY Vv. DOCKET NO.: BUR-L-000638-18 CADILLAC, a division of GENERAL MOTORS COMPANY, et al., GENERAL MOTORS CIVIL ACTION HOLDINGS, LLC, GENERAL MOTORS, LLC, HOLMAN RETAIL HOLDINGS, LLC, ESIS, INC. a CASE MANAGEMENT ORDER wholly owned Subsidiary of THE CHUBB CORPORATION, KERBECK CADILLAC, INC., GENERAL MOTORS FINANCIAL COMPANY, 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 Defendant(s} THIS MATTER having been opened to the Court for a Case Management Conference on August 12, 2019 in the presence of Jeffrey Bello, Plaintiff and a Page 1 of 3 BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 19 of 126 Trans ID: LCV20191994327 BUR L 000638-18 08/19/2019 Pg 2of3 Trans ID: LCV20191469194 self-represented litigant; Monica Marsico, Esq., attorney for Defendants, General Motors LLC, ESIS, Inc., Holman Automotive, Inc., and Kerbeck Cadillac, Inc. (“GM Defendants”); Anne Dalena, Esq., attorney for Defendant, Airsept, Inc.; and David Murphy, Esq., attorney for Defendant, GM Financial; and the Court having relied upon the representations of the parties; and for the reasons stated on the record; and good cause having been shown; IT IS on this 19% day of August, 2019, ORDERED that Plaintiff's Motion to Compel Discovery from the GM Defendants is hereby DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion to Compel Discovery from GM Financial is hereby DENIED. IT IS FURTHER ORDERED that Airsept shall make a diligent inquiry into whether documents and or approvals regarding the chemical makeup and chemical usage for the subject product exist. Airsept shall certify as to the completeness of the discovery provided. IT IS FURTHER ORDERED that GM Defendants’ Motion to Substitute Proper Party is hereby GRANTED. IT IS FURTHER ORDERED that discovery shall proceed as follows: 1. Depositions of all fact, party, and representative witnesses shall be concluded by November 27, 2019. 2. All of Plaintiff's expert reports shall be supplied by January 31, 2020. 3. All of Defendants’ expert reports shall be supplied by March 31, 2020. Page 2 of 3 BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 20 of 126 Trans ID: LCV20191994327 BUR L 000638-18 08/19/2019 Pg3of3 Trans ID: LCV20191469194 4. The Discovery End Date is March 31, 2020. IT IS FURTHER ORDERED that a copy of the within Order shall be served upon all counsel of record within seven (7) days of the date hereof. on. JanetZ. Smith, J.8.C Q) UNOPPOSED Page 3 of 3 BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 21 of 126 Trans ID: LCV20191994327 EXHIBIT 6 BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 22 of 126 Trans ID: LCV20191994327 Murphy, David G. From: bell9900@aol.com Sent: Saturday, August 31, 2019 10:48 AM z To: Clara Brown Ce Murphy, David G.; Benjamin.Muzi@wilsonelser.com; Monica Marsico Subject: Re: Bello v. GM Follow Up Flag: Flag for follow up Flag Status: Flagged EXTERNAL E-MAIL To All Defendants’ Counsel, Please be advised that the Plaintiff will NOT be available for your proposed depositions of September 19,20, and 23. All Counsel should be already aware that Plaintiff's health continues in serious decline. Multiple “urgent” medical evaluations are scheduled for September. All parties will be forwarded information regarding these “new” medical evaluations as they occur, and the results of same. Moving forward, the Plaintiff will NOT be physically able to attend any deposition prior to the noon time hour, due to “daily” worsening illness. A formal letter will be supplied to all parties this week, with a proposed schedule for defendants to be deposed. Sincerely, Jeffrey Bello Plaintiff On Aug 21, 2019, at 12:14 PM, Clara Brown wrote: Mr. Bello, Please see the attached, Clara Brown Legal Assistant to Monica V. Pennisi Marsico, Esquire Alexander M. Shaen, Esquire and Brian L. Wolensky, Esquire Direct Dial: (215) 526-2687 Facsimile No.: (215) 320-3261 cbhrown@rtiglaw.com 1515 Market Street, Suite 700 Philadelphia, PA 19102 1 BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 23 of 126 Trans ID: LCV20191994327 EXHIBIT 7 BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 24 of 126 Trans ID: LCV20191994327 ReedSmith Reed Smith tip Princeton Forrestal Village though panerip 136 Main Street - Suite 250 Princeton, NJ 08540-7839 David G. Murph +1 609 987 0050 Direct Phone: +1 609 514 5947 Fax +1 609 951 0824 Email: dmurphy@reedsmith.com reedsmith.com September 16, 2019 Via Email, Overnight, Regular, and Certified Mail, RRR Jeffrey M. Bello 143 E. Warren Street Edgewater Park, New Jersey 08010 Re: Jeffrey Bello y. Cadillac, et al. Docket No.: BUR-L-68-18 Dear Mr. Bello: This firm represents Defendant AmeriCredit Financial Services, Inc. d/b/a GM Financial (“GM Financial”) in the above-referenced matter. I have received your “Motion for Default for Fraud upon the Court & Judicial Misconduct” (hereafter your “Motion”), which is currently returnable on September 27, 2019. I have carefully reviewed your Motion and the relevant legal authority, and your claims against the Court, GM Financial, and myself lack any legal or factual basis to support the relief sought from the Court, and are therefore unfounded and frivolous. Pursuant to Rule 1:4-8, I demand that you withdraw your Motion. If you do not withdraw your Motion, I will file the appropriate motion for sanctions, including monetary relief and for attorneys’ fees, pursuant to Rule 1:4-8(b). Please be advised that if you do not withdraw your Motion, you are required to either: (i) adjourn the return date of your Motion until October 25, 2019, so that more than twenty-eight days may pass from the date of this letter; or (ii) waive the twenty-cight day period required for GM Financia! to file its motion for sanctions. R. 1:4-8(b)(1) (‘A movant who does not request an adjournment of the return date as provided herein shall be deemed to have elected the waiver.”). Your Motion appears to be an improper motion for reconsideration of the Court’s Order dated August 19, 2019, in which your discovery motion against GM Financial was denied. Your Motion also improperly secks default to be entered against GM Financial, even though GM Financial has not defaulted in the action, discovery is not complete, and dispositive motions have not been filed. Even if your Motion is construed as a motion for sanctions, it does not comply with any of the requirements set forth in the New Jersey Court Rules for imposing sanctions. Your Motion is transparent — it is designed to harass GM Financial and the Court, and secks a shortcut to judgment even though you have not proven your claims. DIIABI + 6ATHENS [ABUNEWYORK + AUSTIN 6 BERING ¢ CENTURY CITY # CHICAGO # DALLAS ¢ DUBAI ¢ FRANKFURT ¢ HONG KONG ¢ HOUSTON # KAZAKHSTAN ¢ LONDON ¢ LOS ANGELES + ainall # MUNICH PARIS ¢ PHILADELPHIA 6 PITTSBURGH * PRINCETON + RICHMOND # SAN FRANCISCO SHANGHAI ¢ SILICON VALLEY ¢ SINGAPORE # TYSONS ¢ WASHINGTON, D.C. ¢ WILMINGTON. Diane A, Retina $ Office Aaministralive Partner # A Limited Liailty Partnership formed in the State of Delaware BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 25 of 126 Trans ID: LCV20191994327 September 16, 2019 Page 2 ReedSmith As you are well aware, your Motion is replete with misstatements. For instance, you mischaracterize legal arguments from GM Financial as “deliberate false statements” or “blatant lie[s].” See generally Certification of Jeffrey Bello in Support of Motion for Default for Fraud Upon the Court & Judicial Misconduct (“Bello Cert.”); Pl.’s Brief. You also misstate relevant procedural history, such as your claim that that you complied with the Court’s directive to make specific requests for additional discovery (Bello Cert. at [{] 10-14; Pi.’s Brief at 1-3), and that I “falsely testified” about the recording that was provided with your application for injunctive relief in 2018 (Bello Cert. at 15; Pl.'s Br. at 4- 12). These allegations are meritless. Furthermore, your Motion, along with other filings in this action, contains empty threats that I will be criminally prosecuted and that my license to practice law will be suspended or revoked because I am defending my client. Bello Cert. at | 6; Pl.'s Brief at 1-3, 6-7, 10-12, 15, 17 (“Plaintiff is ‘positive’ of one thing; that once the evidence in this matter (including the calls with AVP Tammy Ward) is reviewed, Mr. Murphy will not be practicing law — at least not in New Jersey.”). Likewise, your claims that the Court’s impartiality has been jeopardized are baseless. Pi.’s Brief at 2-3, 7, 11-12, 17 (‘The obvious tone of the Court and the animus expressed towards the Plaintiff . . . was clearly visible for all to see.”). These statements are telling of your motivation in filing your Motion — to harass the Court and the parties. Accordingly, your Motion falls squarely within the definition of applications filed “for an improper purpose, such as to harass or to cause unnecessary delay or needless increase to the cost of litigation,” which are expressly prohibited by the New Jersey Court Rules. R. 1:4-8(a)(1). By signing and filing your Motion, you have violated Rule 1:4-8(a) (1) and the Frivolous Litigation Act, N.J.S.A. 2A:15-59.1, et seq. Neither GM Financial nor the Court should be compelled to continue litigating applications that have no merit and are only intended to harass the parties and the Court. If your Motion is not withdrawn, please be advised that GM Financial will apply for relief under the Court Rules and the Frivolous Litigation Act, including sanctions and recovery of the allowable attorneys’ fees and costs incurred in defending against this frivolous application. Please be guided accordingly. Very truly yours, ¢s/ David G. Mur; David G. Murphy cc! Counsel of Record (via email) BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 26 of 126 Trans ID: LCV20191994327 EXHIBIT 8 BUR-L-000638-18 10/30/2019 4:41:58 PM Pg 27 of 126 Trans ID: LCV20191994327 BUR-L-000638-18 09/18/2019 2:16:13 PM Pg 4 of 1 Trans ID: LCV20191685673 ReedSmith Reed Smith Lip Princeton Forrestal Village through Penneeship 136 Main Street - Suite 250 Princeton, NJ 08540-7839 David G. Murphy +4 609 987 0050 Direct Phone: +1609 514 5947 ‘ax +1 609 951 0824 Email: dmurphy@reedsmith.com reedsmith.com September 18, 2019 Via eCourts Hon. Janet Z. Smith, J.S.C. Burlington County Office Building 49 Rancocas Road, 4“ Floor Mount Holly, NJ 08060 Re; Jeffrey Bello y. Cadillac, A Division of General Motors Company, et al. Docket No. BUR-L-638-18 Dear Judge Smith: We represent Defendant AmeriCredit Financial Services, Inc., d/b/a GM Financial (“GM Financial”) in the above-referenced matter. We submit this letter to request an adjournment of the oral argument currently scheduled for September 24, 2019. We have conferred with counsel for the other defendants in this case, and all defendants are available to appear for argument on October 14th, 15th, or 30", whichever is most convenient for the Court. On September 16, 209, in response to the latest motion filed by Plaintiff Jeffrey Bello (Plaintiff), GM Financial sent Plaintiff a letter pursuant to Rule 1:4-8 demanding that Plaintiff withdraw his motion. As required by the Court Rules, GM Financial requested that Plaintiff adjourn his motion (made returnable on September 27, 2019) at least two cycles so that more than twenty-eight days could transpire between GM Financial’s withdrawal demand and the return date of Plaintiff's motion. Plaintiff has not responded to GM Financial’s letter. An adjournment of the oral argument for Plaintiff's motion to at least October 14, 2019 will allow more than twenty-eight days to pass following GM