Preview
BUR-L-000638-18 03/19/2020 2:50:45 PM Pg1 of 11 Trans ID: LCV2020563667
1515 MARKET STREET
SUITE 700 XA 750 ROUTE 73 SOUTH
SUITE 202B
Nycc
PHILADELPHIA, PA 19102 MARLTON, NJ 08053
TEL 215.320.3260 TEL 856.810.8860
FAX 215.320.3261 FAX 856.810.8861
Ricci Tyrrell Johnson & Grey
ATTORNEYS AT LAW
Francis J. Grey, Jr.
Direct Dial: (215) 320-2079
E-Mail: fgrey@rtjglaw.com
March 19, 2020
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 v. 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:
In lieu of a formal brief, please accept this letter in opposition to Plaintiffs Motion to
Compel Depositions on behalf of General Motors, LLC (“GM LLC”), ESIS, Inc., Holman
Cadillac, and Kerbeck Cadillac, which is currently returnable on March 27, 2020. For the reasons
below, these Defendants respectfully request that the Court deny the motion.
I PLAINTIFF’S MOTION TO COMPEL HAS NO MERIT.
This motion, not unlike many other motions filed by Plaintiff throughout the course of
this case, is meritless. It is also moot and unnecessary. In short, as of February 10, 2020, a month
before the motion was filed, Plaintiff was informed that this office is not available for
depositions on March 23, 2020 through March 25, 2020. Nonetheless, in complete disregard of
this information, he unilaterally noticed depositions on those dates then filed his motion when
told again that depositions would not go forward on those dates.
By way of background, Plaintiff provided a “Requests for Depositions” to counsel at the
case management conference held on February 12, 2020. The request was comprised of eighteen
(18) individuals from all of the remaining defendants and did not contain dates, but rather
indicated that the depositions would take place on Days 1 through 5, with individuals listed on
each of the days. A copy of Plaintiff's Requests is attached as Exhibit A.
BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 2 of 11 Trans ID: LCV2020563667
Prior to service of his Requests, this office sent an e-mail to Plaintiff on February 10,
2020 requesting the deposition of his fiancée. The e-mail also provided available dates in March,
which did not include March 23-25, 2020. The dates given were March 11-13; March 16; March
18; March 26-27; and March 31, 2020. Thereafter at the February 12, 2010 conference, the Court
advised the parties to utilize the aforementioned dates to attempt to complete the remaining fact
witness depositions, which included Plaintiffs fiancée and the defendant depositions requested
by Plaintiff. The Court also required Plaintiff to serve formal deposition notices and to issue and
serve subpoenas on his intended deponents.
On February 17, 2020, Plaintiff served Notices of Depositions and provides copies of
subpoenas (that were improperly served and unenforceable as to the out-of-state deponents) that
unilaterally scheduled the depositions for March 23, 2020-March 27, 2020, despite the fact that
he was aware this office was unavailable on March 23-25. This office reminded Plaintiff of this
in correspondence on February 28, 2020. Then on March 9, 2020, this office again wrote to
Plaintiff and advised that four of the in-state witnesses he had requested, although improperly
served with his subpoenas, were alternatively available for their depositions on March 26, 2020
and March 27, 2020. Copies of these letters are attached as Exhibit B. In good faith, and despite
the invalid or otherwise improperly served subpoenas, Plaintiff was also advised that this office
was continuing to work with the remaining individuals requested from GM LLC, ESIS, Holman
Cadillac and Kerbeck Cadillac (but for Pamela Fletcher from GM discussed below) to make
them available for deposition on mutually convenient dates. Despite this, Plaintiff filed the
instant motion. Since filing the motion, said Defendants have also offered March 30, 2020 for the
above four depositions, to which Plaintiff has not responded to date. The depositions will
necessarily need to be postponed in any event given COVID-19.
There is no basis or need for this Court to compel depositions of the witnesses requested
from GM LLC, ESIS, Holman Cadillac or Kerbeck Cadillac, when this office has offered or
otherwise agreed to work with him on dates. Therefore the motion must be denied.
Il. PAMELA FLETCHER
Plaintiff's request to depose Pamela Fletcher is the subject of GM LLC’s pending Motion
for Protective Order and to Quash Subpoena which was filed on March 11, 2020 and is also
returnable on March 27, 2020.
GM LLC incorporates that Motion in opposition to Plaintiffs instant motion. As set forth
in the motion and exhibits, Ms. Fletcher is the Vice President, eDelivery and Mobility Solutions
and Global Innovation of GM LLC. Previously, she was the Executive Chief Engineer,
Electrified Vehicles and New Technologies. During her tenure Executive Chief Engineer,
Electrified Vehicles and New Technologies, the 2014 Cadillac ELR was one of many electrified
vehicles developed. In that role her job was to make sure that all of the different vehicles being
developed as part of the electrified vehicle program, which included the 2014 Cadillac ELR,
among others, were meeting GM LLC milestones, such as whether the project was within its
budget, and whether deadlines were being met. It was an overall production organizational role,
and not a design role. Ms. Fletcher was not involved in the design or manufacture of the 2014
Cadillac ELR, or any of its component parts, including the HVAC system.
BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 3 of 11 Trans ID: LCV2020563667
Ms. Fletcher does not recall hearing of complaints about odors in the 2014 Cadillac ELR
HVAC system, including whether any service bulletins were issued related to such complaints,
or warranty claims made, before learning of this lawsuit, and was not involved in the drafting of
any service bulletins for that vehicle or any investigations performed into the HVAC of the 2014
Cadillac ELR. In fact, she was not aware of Mr. Bello’s claims or lawsuit until he requested her
deposition. Ms. Fletcher does not have any unique, personal, or first-hand knowledge of the
specific facts relevant to this lawsuit.
Ms. Fletcher is an “apex” witness. She is a high ranking executive at GM LLC. Many
people report to her, and she has high level responsibilities, overseeing entire areas of the
company, worldwide. As such, under New Jersey law, she may not be deposed unless: (1) she
has unique, first-hand, non-repetitive knowledge of the relevant facts, and (2) Plaintiff cannot
obtain the information sought through less intrusive means. Neither is the case here. Ms.
Fletcher’s deposition will not meaningfully contribute to the prosecution of the case; would
cause undue burden and expense, annoyance, and harassment; and its burdens would outweigh
any benefit. For all of these reasons, the Court should also deny Plaintiff's motion to compel as
it pertains to Ms. Fletcher.
Til. CONCLUSION
Based on the foregoing, Defendants, GM LLC, ESIS, Holman Cadillac and ESIS
Cadillac, respectfully request this Court deny Plaintiff's Motion to Compel Depositions.
Thank you for your attention to this matter.
Respectfully submitted,
s/ Francis J. Grey, Jr.
Francis J. Grey, Jr.
FJG/ceb
Encls.
ce, Jeffrey M. Bello (via electronic and U.S. Mail w/encls.)
David G. Murphy, Esquire (via electronic and U.S. Mail w/encls.)
Anne Dalena, Esquire (via electronic and U.S. Mail w/encls.)
BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 4 of 11 Trans ID: LCV2020563667
EXHIBIT A
BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 5 of 11 Trans ID: LCV2020563667
REQUESTS FOR DEPOSITIONS
February 2, 2020
Dear Defendants’ Counsel,
Please find the following list of Defendants’ fact witnesses to be deposed by the Plaintiff below:
DAY 1:
H MAN AUTOMOTIVE
Jennifer Williams
John Nevitt
Steve Mattern
Michael Schwab
Patti Mulholland
Gene Welsh
DAY 2:
ESIS
Christopher Roffey
Josuha Preister
Mathew McGuire
DAY 3:
GM
Michael Zafonte
BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 6 of 11 Trans ID: LCV2020563667
Ron Sanceciz (Faulkner Cadillac)
Pamela Fletcher
KERBECK
Mr. Aversa
DAY 4:
AIRSEPT INC.
Nick Nixon
Aaron Becker
DAY 5:
FIN. (CIAL
Tammy Ward
Angela Donaldson
Kyle
pe Vl’
Si incerely,
")
o
Jeffrey Bello
Plaintiff
BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 7 of 11 Trans ID: LCV2020563667
EXHIBIT B
BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 8 of 11 Trans ID: LCV2020563667
1515 MARKET STREET
SUITE 700 Ns 750 ROUTE 73 SOUTH
SUITE 202B
y
PHILADELPHIA, PA 19102 MARLTON, NJ 08053
TEL 215.320.3260 TEL 856.810.8860
FAX 215.320.3261 FAX 856.810.8861
Ricci Tyrrell Johnson & Grey
ATTORNEYS AT LAW
Francis J. Grey, Jr.
Direct Dial: (215) 320-2079
Email: fgrey@rijgtaw.com
February 28, 2020
Via Electronic and Regular Mail
Jeffrey Bello
143 E. Warren Street
Edgewater Park, NJ 08010
RE: Jeffrey Bello v. General Motors LLC, et al.
Superior Court of New Jersey, Burlington County
Docket No. BUR L 638-18
Our File No.: 7614.00043
Dear Mr. Bello:
We are in receipt of your correspondence and Notices of Depositions with subpoenas
directed to various individuals from GM, ESIS and Holman Cadillac for unilaterally selected
dates during the week of March 23, 2020, As we previously advised, we are not available March
23. 2020-March 25.2020, therefore no depositions will take place on those dates.
As for the individuals you have requested, your subpoenas directed to the in-state
deponents have not been properly served. Additionally, your subpoenas are not valid for the out-
of-state deponents. That said, we will work with the following to coordinate mutually convenient
dates: Michael Zafonte from GM, Christopher Roffey and Joshua Preister from ESIS, Matthew
McGuire, and Holman employees, Jennifer Williams, John Nevitt, Steve Mattern, Michael
Schwab, Gene Welsh and Patti Mulholland. Jack Aversa is no longer employed by Kerbeck
Cadillac. We will obtain his last known contact information and attempt to work with him to
coordinate a date. Please also note that we will object to any question that seeks information or
documentation protected by the attomey-client privilege or work-product doctrine.
GM objects to your notice to depose Pamela Fletcher and we will be filing a motion for
entry of protective order and to quash the subpoena directed to her. Moreover, we do not
represent Faulkner Cadillac and therefore have no control over Ron Sancicez.
BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 9 of 11 Trans ID: LCV2020563667
February 28, 2020
Page - 2 -
In addition, for any deposition that you intend to conduct remotely, we request that you
identify the documents you intend to use at the deposition and provide copies in advance. We
will object to the use of any documents at those depositions that are not previously identified and
provided.
Last, and as previously requested, please provide available dates for the deposition of
your fiancé, Oksana Oganesov which you have promised on multiple occasions. If we do not
hear from you by Wed, March 4, 2020, we will select a date and issue a subpoena accordingly.
Thank you for your attention to this matter.
Very truly yours,
~—
Fen.
Francis J. Grey, Jr. ey
cc: Anne M. Dalena, Esquire (via electronic mail)
David G. Murphy, Esquire (via electronic mail)
Benjamin S Muzi, Esquire (via electronic mail)
BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 10 of 11 Trans ID: LCV2020563667
1515 MARKET STREET
SUITE 700
PHILADELPHIA, PA 19102
Ke 750 ROUTE 73 SOUTH
SuITE 2028
MARLTON, NJ 08053
TEL 215.320.3260 TEL 856.810.8860
FAX 215.320.3261 FAX 856.810.8861
Ricci Tyrrell Johnson & Grey
ATTORNEYS AT LAW
Francis J, Grey, Jr.
Direct Dial: (215) 320-2079
Email: fgrey@rtiglaw.com
March 9, 2020
Via Electronic and Regular Mail
Jeffrey Bello
143 E. Warren Street
Edgewater Park, NJ 08010
RE: Jeffrey Bello v. General Motors LLC, et al.
Superior Court of New Jersey, Burlington County
Docket No. BUR L 638-18
Our File No.: 7614.00043
Dear Mr. Bello:
As a follow-up to our February 28, 2020 letter, despite improper service of your
subpoenas, Jennifer Williams and John Nevitt from Holman Cadillac are available for deposition
on March 26, 2020 and Patti Mulholland and Michael Schwab are available on March 27, 2020.
Please issue new notices accordingly.
Also, and again despite improperly served subpoenas (as well as unenforceable
subpoenas for the out-of-state deponents), we are continuing to work with Michael Zafonte from
GM, Christopher Roffey and Joshua Preister from ESIS, Matthew McGuire, and Holman
employees, Steve Mattern and Gene Welsh for available dates for their depositions. As
previously advised, we are not available on March 23, 2020-March 25, 2020, therefore no
depositions will take place on those dates, including that of Ron Sancicez, whom we understand
you have also subpoenaed.
Additionally, we are in receipt of your Motion to Compel Depositions dated March 4,
2020, which sets an improper return date of March 13, 2020. We will respond to that motion in
accordance with the Rules.
Last, because you have failed to provide availability for the deposition of your fiancé,
Oksana Oganesov, we intend to issue a subpoena for her deposition to take place on April 1,
2020 in our New Jersey office.
BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 11 of 11 Trans ID: LCV2020563667
March 9, 2020
Page - 2 -
Thank you for your attention to this matter.
_ truly "hy
Anne M. Dalena, Esquire (via electronic mail)
David G. Murphy, Esquire (via electronic mail)
Benjamin S Muzi, Esquire (via electronic mail)
Preview
BUR-L-000638-18 03/19/2020 2:50:45 PM Pg1 of 11 Trans ID: LCV2020563667 1515 MARKET STREET SUITE 700 XA 750 ROUTE 73 SOUTH SUITE 202B Nycc PHILADELPHIA, PA 19102 MARLTON, NJ 08053 TEL 215.320.3260 TEL 856.810.8860 FAX 215.320.3261 FAX 856.810.8861 Ricci Tyrrell Johnson & Grey ATTORNEYS AT LAW Francis J. Grey, Jr. Direct Dial: (215) 320-2079 E-Mail: fgrey@rtjglaw.com March 19, 2020 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 v. 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: In lieu of a formal brief, please accept this letter in opposition to Plaintiffs Motion to Compel Depositions on behalf of General Motors, LLC (“GM LLC”), ESIS, Inc., Holman Cadillac, and Kerbeck Cadillac, which is currently returnable on March 27, 2020. For the reasons below, these Defendants respectfully request that the Court deny the motion. I PLAINTIFF’S MOTION TO COMPEL HAS NO MERIT. This motion, not unlike many other motions filed by Plaintiff throughout the course of this case, is meritless. It is also moot and unnecessary. In short, as of February 10, 2020, a month before the motion was filed, Plaintiff was informed that this office is not available for depositions on March 23, 2020 through March 25, 2020. Nonetheless, in complete disregard of this information, he unilaterally noticed depositions on those dates then filed his motion when told again that depositions would not go forward on those dates. By way of background, Plaintiff provided a “Requests for Depositions” to counsel at the case management conference held on February 12, 2020. The request was comprised of eighteen (18) individuals from all of the remaining defendants and did not contain dates, but rather indicated that the depositions would take place on Days 1 through 5, with individuals listed on each of the days. A copy of Plaintiff's Requests is attached as Exhibit A. BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 2 of 11 Trans ID: LCV2020563667 Prior to service of his Requests, this office sent an e-mail to Plaintiff on February 10, 2020 requesting the deposition of his fiancée. The e-mail also provided available dates in March, which did not include March 23-25, 2020. The dates given were March 11-13; March 16; March 18; March 26-27; and March 31, 2020. Thereafter at the February 12, 2010 conference, the Court advised the parties to utilize the aforementioned dates to attempt to complete the remaining fact witness depositions, which included Plaintiffs fiancée and the defendant depositions requested by Plaintiff. The Court also required Plaintiff to serve formal deposition notices and to issue and serve subpoenas on his intended deponents. On February 17, 2020, Plaintiff served Notices of Depositions and provides copies of subpoenas (that were improperly served and unenforceable as to the out-of-state deponents) that unilaterally scheduled the depositions for March 23, 2020-March 27, 2020, despite the fact that he was aware this office was unavailable on March 23-25. This office reminded Plaintiff of this in correspondence on February 28, 2020. Then on March 9, 2020, this office again wrote to Plaintiff and advised that four of the in-state witnesses he had requested, although improperly served with his subpoenas, were alternatively available for their depositions on March 26, 2020 and March 27, 2020. Copies of these letters are attached as Exhibit B. In good faith, and despite the invalid or otherwise improperly served subpoenas, Plaintiff was also advised that this office was continuing to work with the remaining individuals requested from GM LLC, ESIS, Holman Cadillac and Kerbeck Cadillac (but for Pamela Fletcher from GM discussed below) to make them available for deposition on mutually convenient dates. Despite this, Plaintiff filed the instant motion. Since filing the motion, said Defendants have also offered March 30, 2020 for the above four depositions, to which Plaintiff has not responded to date. The depositions will necessarily need to be postponed in any event given COVID-19. There is no basis or need for this Court to compel depositions of the witnesses requested from GM LLC, ESIS, Holman Cadillac or Kerbeck Cadillac, when this office has offered or otherwise agreed to work with him on dates. Therefore the motion must be denied. Il. PAMELA FLETCHER Plaintiff's request to depose Pamela Fletcher is the subject of GM LLC’s pending Motion for Protective Order and to Quash Subpoena which was filed on March 11, 2020 and is also returnable on March 27, 2020. GM LLC incorporates that Motion in opposition to Plaintiffs instant motion. As set forth in the motion and exhibits, Ms. Fletcher is the Vice President, eDelivery and Mobility Solutions and Global Innovation of GM LLC. Previously, she was the Executive Chief Engineer, Electrified Vehicles and New Technologies. During her tenure Executive Chief Engineer, Electrified Vehicles and New Technologies, the 2014 Cadillac ELR was one of many electrified vehicles developed. In that role her job was to make sure that all of the different vehicles being developed as part of the electrified vehicle program, which included the 2014 Cadillac ELR, among others, were meeting GM LLC milestones, such as whether the project was within its budget, and whether deadlines were being met. It was an overall production organizational role, and not a design role. Ms. Fletcher was not involved in the design or manufacture of the 2014 Cadillac ELR, or any of its component parts, including the HVAC system. BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 3 of 11 Trans ID: LCV2020563667 Ms. Fletcher does not recall hearing of complaints about odors in the 2014 Cadillac ELR HVAC system, including whether any service bulletins were issued related to such complaints, or warranty claims made, before learning of this lawsuit, and was not involved in the drafting of any service bulletins for that vehicle or any investigations performed into the HVAC of the 2014 Cadillac ELR. In fact, she was not aware of Mr. Bello’s claims or lawsuit until he requested her deposition. Ms. Fletcher does not have any unique, personal, or first-hand knowledge of the specific facts relevant to this lawsuit. Ms. Fletcher is an “apex” witness. She is a high ranking executive at GM LLC. Many people report to her, and she has high level responsibilities, overseeing entire areas of the company, worldwide. As such, under New Jersey law, she may not be deposed unless: (1) she has unique, first-hand, non-repetitive knowledge of the relevant facts, and (2) Plaintiff cannot obtain the information sought through less intrusive means. Neither is the case here. Ms. Fletcher’s deposition will not meaningfully contribute to the prosecution of the case; would cause undue burden and expense, annoyance, and harassment; and its burdens would outweigh any benefit. For all of these reasons, the Court should also deny Plaintiff's motion to compel as it pertains to Ms. Fletcher. Til. CONCLUSION Based on the foregoing, Defendants, GM LLC, ESIS, Holman Cadillac and ESIS Cadillac, respectfully request this Court deny Plaintiff's Motion to Compel Depositions. Thank you for your attention to this matter. Respectfully submitted, s/ Francis J. Grey, Jr. Francis J. Grey, Jr. FJG/ceb Encls. ce, Jeffrey M. Bello (via electronic and U.S. Mail w/encls.) David G. Murphy, Esquire (via electronic and U.S. Mail w/encls.) Anne Dalena, Esquire (via electronic and U.S. Mail w/encls.) BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 4 of 11 Trans ID: LCV2020563667 EXHIBIT A BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 5 of 11 Trans ID: LCV2020563667 REQUESTS FOR DEPOSITIONS February 2, 2020 Dear Defendants’ Counsel, Please find the following list of Defendants’ fact witnesses to be deposed by the Plaintiff below: DAY 1: H MAN AUTOMOTIVE Jennifer Williams John Nevitt Steve Mattern Michael Schwab Patti Mulholland Gene Welsh DAY 2: ESIS Christopher Roffey Josuha Preister Mathew McGuire DAY 3: GM Michael Zafonte BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 6 of 11 Trans ID: LCV2020563667 Ron Sanceciz (Faulkner Cadillac) Pamela Fletcher KERBECK Mr. Aversa DAY 4: AIRSEPT INC. Nick Nixon Aaron Becker DAY 5: FIN. (CIAL Tammy Ward Angela Donaldson Kyle pe Vl’ Si incerely, ") o Jeffrey Bello Plaintiff BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 7 of 11 Trans ID: LCV2020563667 EXHIBIT B BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 8 of 11 Trans ID: LCV2020563667 1515 MARKET STREET SUITE 700 Ns 750 ROUTE 73 SOUTH SUITE 202B y PHILADELPHIA, PA 19102 MARLTON, NJ 08053 TEL 215.320.3260 TEL 856.810.8860 FAX 215.320.3261 FAX 856.810.8861 Ricci Tyrrell Johnson & Grey ATTORNEYS AT LAW Francis J. Grey, Jr. Direct Dial: (215) 320-2079 Email: fgrey@rijgtaw.com February 28, 2020 Via Electronic and Regular Mail Jeffrey Bello 143 E. Warren Street Edgewater Park, NJ 08010 RE: Jeffrey Bello v. General Motors LLC, et al. Superior Court of New Jersey, Burlington County Docket No. BUR L 638-18 Our File No.: 7614.00043 Dear Mr. Bello: We are in receipt of your correspondence and Notices of Depositions with subpoenas directed to various individuals from GM, ESIS and Holman Cadillac for unilaterally selected dates during the week of March 23, 2020, As we previously advised, we are not available March 23. 2020-March 25.2020, therefore no depositions will take place on those dates. As for the individuals you have requested, your subpoenas directed to the in-state deponents have not been properly served. Additionally, your subpoenas are not valid for the out- of-state deponents. That said, we will work with the following to coordinate mutually convenient dates: Michael Zafonte from GM, Christopher Roffey and Joshua Preister from ESIS, Matthew McGuire, and Holman employees, Jennifer Williams, John Nevitt, Steve Mattern, Michael Schwab, Gene Welsh and Patti Mulholland. Jack Aversa is no longer employed by Kerbeck Cadillac. We will obtain his last known contact information and attempt to work with him to coordinate a date. Please also note that we will object to any question that seeks information or documentation protected by the attomey-client privilege or work-product doctrine. GM objects to your notice to depose Pamela Fletcher and we will be filing a motion for entry of protective order and to quash the subpoena directed to her. Moreover, we do not represent Faulkner Cadillac and therefore have no control over Ron Sancicez. BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 9 of 11 Trans ID: LCV2020563667 February 28, 2020 Page - 2 - In addition, for any deposition that you intend to conduct remotely, we request that you identify the documents you intend to use at the deposition and provide copies in advance. We will object to the use of any documents at those depositions that are not previously identified and provided. Last, and as previously requested, please provide available dates for the deposition of your fiancé, Oksana Oganesov which you have promised on multiple occasions. If we do not hear from you by Wed, March 4, 2020, we will select a date and issue a subpoena accordingly. Thank you for your attention to this matter. Very truly yours, ~— Fen. Francis J. Grey, Jr. ey cc: Anne M. Dalena, Esquire (via electronic mail) David G. Murphy, Esquire (via electronic mail) Benjamin S Muzi, Esquire (via electronic mail) BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 10 of 11 Trans ID: LCV2020563667 1515 MARKET STREET SUITE 700 PHILADELPHIA, PA 19102 Ke 750 ROUTE 73 SOUTH SuITE 2028 MARLTON, NJ 08053 TEL 215.320.3260 TEL 856.810.8860 FAX 215.320.3261 FAX 856.810.8861 Ricci Tyrrell Johnson & Grey ATTORNEYS AT LAW Francis J, Grey, Jr. Direct Dial: (215) 320-2079 Email: fgrey@rtiglaw.com March 9, 2020 Via Electronic and Regular Mail Jeffrey Bello 143 E. Warren Street Edgewater Park, NJ 08010 RE: Jeffrey Bello v. General Motors LLC, et al. Superior Court of New Jersey, Burlington County Docket No. BUR L 638-18 Our File No.: 7614.00043 Dear Mr. Bello: As a follow-up to our February 28, 2020 letter, despite improper service of your subpoenas, Jennifer Williams and John Nevitt from Holman Cadillac are available for deposition on March 26, 2020 and Patti Mulholland and Michael Schwab are available on March 27, 2020. Please issue new notices accordingly. Also, and again despite improperly served subpoenas (as well as unenforceable subpoenas for the out-of-state deponents), we are continuing to work with Michael Zafonte from GM, Christopher Roffey and Joshua Preister from ESIS, Matthew McGuire, and Holman employees, Steve Mattern and Gene Welsh for available dates for their depositions. As previously advised, we are not available on March 23, 2020-March 25, 2020, therefore no depositions will take place on those dates, including that of Ron Sancicez, whom we understand you have also subpoenaed. Additionally, we are in receipt of your Motion to Compel Depositions dated March 4, 2020, which sets an improper return date of March 13, 2020. We will respond to that motion in accordance with the Rules. Last, because you have failed to provide availability for the deposition of your fiancé, Oksana Oganesov, we intend to issue a subpoena for her deposition to take place on April 1, 2020 in our New Jersey office. BUR-L-000638-18 03/19/2020 2:50:45 PM Pg 11 of 11 Trans ID: LCV2020563667 March 9, 2020 Page - 2 - Thank you for your attention to this matter. _ truly "hy Anne M. Dalena, Esquire (via electronic mail) David G. Murphy, Esquire (via electronic mail) Benjamin S Muzi, Esquire (via electronic mail)