Preview
MID-L-004441-22 09/20/2023 5:35:12 PM Pglof2 Trans ID: LCV20232899811
Nehal Modi, Esquire — 016542005
THE HADDAD LAW FIRM, PC
Attorneys at Law
100 West Pond Rd.
Hopelawn, NJ 08861
Tel: (732) 933-3535/ Fax: (732) 933-3536
Attorneys for Plaintiff, Jose Gomez Jimenez
JOSE GOMEZ JIMENEZ, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Plaintiff, DOCKET NO.: MID-L-4441-22
vs. CIVIL ACTION
M&C AD PROPERTIES, LLC, MIZAEL
MIRANDA, JOHN DOES 1-10, JANE
NOTICE OF MOTION TO EXTEND
DOES 1-10, ABC COMPANY 1-10, DEF
DISCOVERY FOR GOOD CAUSE
MAINTENANCE COMPANY 1-10 AND
GHI SNOW REMOVAL COMPANY 1-
10, (said names being fictitious),
Defendants.
TO John J. Kapp, Esq.
Gregory P. Helfrich & Associates
180 River Road
Summit, NJ 07902
Attorneys for Defendant, M&C AD Properties, LLC
PLEASE TAKE NOTICE that the undersigned will apply to the above-named Court
located at Middlesex County Courthouse, 56 Paterson Street, New Brunswick, New Jersey 08903,
on Friday, October 6, 2023 at 9 o’clock in the forenoon or as soon thereafter as counsel may be
heard, for an Order extending discovery by ninety (90) days for good cause.
PLEASE TAKE FURTHER NOTICE that counsel will rely on the annexed Certification
and exhibits. Pursuant to Rule 1:6-2(a) the motion shall be deemed uncontested, and there shall be
no right to argue orally in opposition unless responsive papers are timely filed and served stating
with particularity the basis of the opposition to the relief sought.
Pursuant to Rule 1:6-2(d), oral argument is not requested, unless opposition is received.
MID-L-004441-22 09/20/2023 5:35:12 PM Pg2of2 Trans ID: LCV20232899811
Discovery in this matter is set to end on October 19, 2023.
No Arbitration or Trial dates have been scheduled.
THE HADDAD LAW FIRM, PC
Attorneys for the Plaintiff
s/ Nehal Modi
Nehal Modi
Dated: September 20, 2023
MID-L-004441-22 09/20/2023 5:35:12 PM Pglof2 Trans ID: LCV20232899811
Nehal Modi, Esquire — 016542005
THE HADDAD LAW FIRM, PC
Attorneys at Law
100 West Pond Rd.
Hopelawn, NJ 08861
Tel: (732) 933-3535/ Fax: (732) 933-3536
Attorneys for Plaintiff; Jose Gomez Jimenez
JOSE GOMEZ JIMENEZ, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Plaintiff, DOCKET NO.: MID-L-4441-22
vs. CIVIL ACTION
M&C AD PROPERTIES, LLC, MIZAEL
MIRANDA, JOHN DOES 1-10, JANE
ORDER
DOES 1-10, ABC COMPANY 1-10, DEF
MAINTENANCE COMPANY 1-10 AND
GHI SNOW REMOVAL COMPANY I1-
10, (said names being fictitious),
Defendants.
THIS MATTER having been opened to the Court by The Haddad Law Firm, PC, attorneys
for Plaintiff, on notice to Defendant, and the Court having reviewed the moving papers and
opposing papers (if any), and for good cause shown,
IT IS on this day of , 2023,
ORDERED that discovery is hereby extended by one ninety (90) days for good cause to
January 17, 2024 to allow the following:
1 Defendant shall provide a copy of the signed Lease by October 9, 2023;
2 Plaintiff shall provide outstanding medical records and bills by October 31, 2023;
Depositions of the parties shall be completed by October 31, 2023;
Plaintiff's liability and/or medical expert report(s) shall be served by December
8, 2023:
MID-L-004441-22 09/20/2023 5:35:12 PM Pg2of2 Trans ID: LCV20232899811
5 Defendant’s liability and/or medical expert report(s) shall be served by January 8
2024;
6. Responsive report from experts shall be served by January 17, 2024;
7
All other discovery as a result of the foregoing shall be completed by January 17.
2024, and it is further,
ORDERED that a copy of the within Order shall be deemed served upon the online
posting of same.
JS.C.
Unopposed
Opposed —_—_
MID-L-004441-22 09/20/2023 5:35:12 PM Pglof3 Trans ID: LCV20232899811
Nehal Modi, Esquire — 016542005
THE HADDAD LAW FIRM, PC
Attorneys at Law
100 West Pond Rd.
Hopelawn, NJ 08861
Tel: (732) 933-3535/ Fax: (732) 933-3536
Attorneys for Plaintiff, Jose Gomez Jimenez
JOSE GOMEZ JIMENEZ, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Plaintiff, DOCKET NO.: MID-L-4441-22
vs. CIVIL ACTION
M&C AD PROPERTIES, LLC, MIZAEL CERTIFICATION OF COUNSEL
MIRANDA, JOHN DOES 1-10, JANE
DOES 1-10, ABC COMPANY 1-10, DEF
MAINTENANCE COMPANY 1-10 AND
GHI SNOW REMOVAL COMPANY 1-
10, (said names being fictitious),
Defendants.
I, Nehal Modi, Esq., hereby certify as follows:
1 Iam an attorney at law of the State of New Jersey, and a Partner with The Haddad
Law Firm, PC, attorney for Plaintiff, Jose Gomez Jimenez in the above captioned matter. I make
this Certification upon my personal knowledge and review of the file materials.
2. I make this Certification in support of Plaintiff's motion for an Order extending
discovery by ninety (90) days for good cause.
3 This matter involves a claim for personal injuries sustained by Plaintiff on January
5, 2022 when he slipped and fell on an exterior staircase of Defendant’s premises due to snow/ice.
4 As a result of the accident, Plaintiff suffered a 3-part displaced fracture to his right
wrist.
5 Plaintiff underwent open reduction internal fixation of his fracture on January 1,
MID-L-004441-22 09/20/2023 5:35:12 PM Pg2of3 Trans ID: LCV20232899811
2022. He also underwent removal of hardware on February 16, 2022. A true and correct copy of
the Operative Reports of these surgeries is attached hereto as Exhibit A.
6. Plaintiff is currently under the care of his surgeon, Timothy Henderson, M.D of
One Oak Medical and is undergoing physical therapy.
7 Written discovery has been exchanged and majority of Plaintiff's medical records
and bills have been served.
8 Plaintiff needs time to serve updated records and bills due to his ongoing treatment.
9. The parties need additional time to complete depositions.
10. The deposition of Plaintiff and Defendant’s representative was scheduled for July
19, 2023. Defendant’s deposition started but it was immediately adjourned when he stated that
there is a written Lease which governs snow removal but the Lease had not been provided. The
undersigned office is still waiting for the Lease so that deposition could proceed on October 12,
2023, as presently scheduled.
11. The parties also need time to serve reports from their liability and/or medical
experts.
12. Discovery in this matter is scheduled to end on October 19, 2023.
13. No Arbitration or Trial date is present scheduled. Thus, the parties are subject to
the good cause standard to extend discovery. R. 4:24-l(c). The term “good cause shown” is
flexible and its meaning is not fixed and definite. Leitner v. Toms River Regional School, 392
N.J.Super. 80, 92-94 (App. Div. 2007), citing Tholander v. Tholander, 34 N.J.Super. 150, 152
(Ch.Div.1955). The Court in Ponden v. Ponden, 374 N.J.Super. 1, 9-11 (App Div. 2004) held that
if neither the arbitration date nor the trial date has been set, discovery extensions, particularly for
the purpose of submitting an expert’s report, should be liberally granted.
MID-L-004441-22 09/20/2023 5:35:12 PM Pg3o0f3 Trans ID: LCV20232899811
14. Plaintiff is seeking an extension of discovery by ninety (90) days to complete the
aforementioned discovery.
15. It is respectfully requested that in order for there to be a full and fair determination
of liability and damages in this case that discovery be extended.
16. Discovery was previously extended via consent letter (Exhibit B). This is the first
motion.
17. Plaintiff will be unduly prejudiced if this request is denied. No reciprocal prejudice
will inure to the defense if the request is granted.
Thereby certify that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements made by me are willfully false, I am subject to punishment.
s/ Nehal Modi
Nehal Modi
Dated: September 20, 2023
MID-L-004441-22 09/20/2023 5:35:12 PM Pglof1 Trans ID: LCV20232899811
Nehal Modi, Esquire — 016542005
THE HADDAD LAW FIRM, PC
Attorneys at Law
100 West Pond Rd.
Hopelawn, NJ 08861
Tel: (732) 933-3535/ Fax: (732) 933-3536
Attorneys for Plaintiff, Jose Gomez Jimenez
JOSE GOMEZ JIMENEZ, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Plaintiff, DOCKET NO.: MID-L-4441-22
vs. CIVIL ACTION
M&C AD PROPERTIES, LLC, MIZAEL PROOF OF SERVICE
MIRANDA, JOHN DOES 1-10, JANE
DOES 1-10, ABC COMPANY 1-10, DEF
MAINTENANCE COMPANY 1-10 AND
GHI SNOW REMOVAL COMPANY 1-
10, (said names being fictitious),
Defendants.
Thereby certify that on September 20, 2023, I served the original of the within Notice of
Motion to the Clerk of the Superior Court of New Jersey (Middlesex County) at 56 Paterson Street,
New Brunswick, New Jersey via E-filing, and one copy of the Notice of Motion by E-filing to:
John J. Kapp, Esq.
Gregory P. Helfrich & Associates
180 River Road
Summit, NJ 07902
Attorneys for Defendant, M&C AD Properties, LLC
THE HADDAD LAW FIRM, PC
Attorneys
for the Plaintiff
s/ Nehal Modi
Dated: September 20, 2023 Nehal Modi
MID-L-004441-22 09/20/2023 5:35:12 PM Pglof7 Trans ID: LCV20232899811
EXHIBIT A
MID-L-004441-22 09/20/2023 5:35:12 PM Pg2of7 Trans ID: LCV20232899811
q META
surgical associates
6 Chestnut Ridge Rd
Montvale, NJ 07645
201-484-8222
OPERATIVE REPORT
PATIENT NAME: GOMEZ JIMENEZ, JOSE
DATE OF BIRTH:
DATE OF SURGERY: 01/19/2022
PREOPERATIVE DIAGNOSIS: Right 3-part intra-articular displaced distal radius fracture.
POSTOPERATIVE DIAGNOSIS: Right 3-part displaced intra-articular distal radius fracture with dorsal
radioulnar joint dislocation.
pROCE ‘DURE PERFORMED:
Open reduction and internal fixation of a right 3-part intra-articular distal radius fracture, CPT
code 25609.
2. Open reduction and cross pinning of dislocated dorsal radioulnar joint, CPT code 25676.
3. Complex wound closure, 2.5 to 7.5 cm, CPT code 13152.
4. Application of short-arm splint, CPT code 29125.
5 Intraoperative use of fluoroscopy, CPT code 76000.
SURGEON: Timothy Henderson, MD
ASSISTANT: First Assist - Kimberly Tucker, MD. Second Assist - Faisal Mahmood, MD
ANESTHESIA: General anesthesia with regional nerve blockade.
ESTIMATED BLOOD LOSS: Less than 20 mL.
FINDINGS: As above.
COMPLICATIONS: None.
HARDWARE USED: Implants include Stryker VariAx 3-hole locking distal radius plate with five 2.7
locking screws and two 2.7 nonlocking screws.
DISPOSITION: The patient was transferred to the PACU in stable condition.
INDICATIONS: Mr. Jose Gomez Jimenez is a previously healthy 26-year-old male who sustained a
ground-level fall on the ice outside of his home. The patient had immediate pain and deformity to the
right distal radius, The patient was seen in the urgent care, diagnosed with a significant right wrist injury,
and sent to our office for further evaluation. After physical exam and x-ray review, it was determined that
the patient had a severe right 3-part intra-articular displaced fracture with loss of volar tilt and posterior
comminution. After a thorough conversation with the patient and the patient's loved ones Tegarding his
diagnosis and treatment options, the patient wished to proceed with operative treatment for this injury.
All risks, benefits, and altematives were explained to the patient at length.
MID-L-004441-22 09/20/2023 5:35:12 PM Pg3of7 Trans ID: LCV20232899811
GOMEZ JIMENEZ, JOSE
PAGE NO.: 2
DESCRIPTION OF PROCEDURE: On January 19, 2022, the patient was brought to the operating room
and placed upon the operating room table. After adequate anesthesia was given, the patient's right upper
extremity was prepped and draped in a standard surgical fashion. The patient received 2 g of Ancef prior
to incision. A time-out was performed to confirm correct side and procedure. We began the procedure by
creating an FCR approach to the right distal radius. We carried our skin incision to the tendon
sheath of the flexor carpi radiali: was encountered. We incised this flexor tendon sheath sharply
and retracted the flexor carpi radialis tendon ulnarly. posterior aspect of the FCR sheath. We
incised through this sharply which immediately showed a ruptured pronator quadratus muscle. We
retracted the ruptured pronator quadratus muscle medially and then elevated the remainder of the pronator
quadratus muscle off the radial aspect of the radius and retracted it medially, protecting the median nerve.
We then identified our fracture. With the use of reduction techniques including the use of osteotomes and
bone holding tenaculums, we were able to reduce the distal radius fracture to a near-anatomic position.
We were able to decrease the intra-articular step-off to less than 1 mm. Once we were satisfied that the
reduction had been correctly performed, we provisionally pinned the distal radius fracture with the use of
K-wires. Once within appropriate position, we obtained our Stryker VariAx 3-hole wide locking distal
radius plate. We placed the VariAx 3-hole locking distal radius plate on the volar aspect of the distal
radius in a standard surgical fashion. We pinned it provisionally with the use of K-wire and checked C-
arm fluoroscopy images. was in appropriate position, we began fixing the plate to the bone ina
standard surgical fashion. We placed 2 nonlocking screws in the proximal portion of the plate fixing the
plate firmly to the bone and an additional locking screw in the most proximal portion of the plate, We
then placed 4 locking screws in the distal row of the plate supporting the articular surface of the distal
radius. On careful inspection of the DRUJ during fluoroscopy, it was noted that the ulna was dislocated
from its anatomic position at the dorsal radioulnar joint. Decision at this point was made to reduce the
ulna back into its anatomic position and pin it provisionally to the ulna and the DRUJ and pin it to prevent
later instability. Once the DRUJ was reduced manually and held in position, a 2.0 K-wire was passed
from the radial aspect of the distal radius into the ulna holding it in position in a standard surgical fashion.
Final C-arm images were obtained confirming the DRUJ reduction and appropriate placement of
hardware and reduction of our fracture. At this point, we irrigated the wound copiously with sterile saline
and paid attention to closure. The pronator quadratus was reapproximated to the radial aspect of the distal
radius with a 2-0 Vicryl and a figure-of-eight stitch. Subcutaneous tissues were meticulously
reapproximated with the use of 2-0 Vicryl in buried interrupted stitches. The skin was closed
meticulously with 2-0 Vicryl in horizontal mattress stitches. A sterile dressing was applied over the
wound. We fabricated a short-arm splint of fiberglass for the patient's comfort and applied it to the volar
aspect of the wrist and molded it in its position while it hardened. The patient was then awakened from
anesthesia and transferred to the PACU in stable condition.
The assistant surgeons, Dr. Tucker and Dr. Mahmood, were present and vital for all portions of the
difficult procedure, necessary for all parts of the procedure including reduction of fracture, placement of
hardware, reduction of the DRUJ, and closure of wounds and splinting.
Timothy Henderson, MD
MOP
D: 01/20/2022 T: 01/21/2022
MID-L-004441-22 09/20/2023 5:35:12 PM Pg4of7 Trans ID: LCV20232899811
Vv META
surgical associates
6 Chestnut Ridge Rd
Montvale, NJ 07645
201-484-8222
OPERATIVE REPORT
PATIENT NAME: JIMENEZ, JOSE
DATE OF BIRTH:
DATE OF SURGERY: 02/16/2022
PREOPERATIVE DIAGNOSIS: Right distal radius fracture and distal radioulnar joint dislocation status
post open reduction and internal fixation of the right distal radius fracture and reduction and percutaneous
pinning of the dislocated dorsal radioulnar joint.
POSTOPERATIVE DIAGNOSIS: Right distal radius fracture and distal radioulnar joint dislocation
status post open reduction and internal fixation of the right distal radius fracture and reduction and
percutaneous pinning of the dislocated dorsal radioulnar joint.
PROCEDURE PERFORMED:
1 Removal of orthopedic hardware, K-wire smooth pin, CPT code 20670.
2. Manipulation of right wrist under anesthesia, CPT code 25259,
3 Application of short-arm splint, CPT code 29125.
SURGEON: Timothy Henderson, MD
ASSISTANT: Katie Harrer, PA-C
ANESTHESIA: IV sedation and local anesthetic.
ESTIMATED BLOOD LOSS: Less than 5 mL.
FINDINGS: As above.
COMPLICATIONS: None.
IMPLANT REMOVED: A 1.6-mm smooth K-wire.
DISPOSITION: The patient was transferred to PACU in stable condition.
INDICATIONS: Mr. Jose Jimenez is a previously healthy, 26-year-old male who sustained an injury to
his right wrist when he slipped and fell outside his home on ice. The patient sustained an intra-articular
distal radius fracture and distal radioulnar joint dislocation.
DESCRIPTION OF PROCEDURE: The patient was taken to the operating room. He previously
underwent open reduction and internal fixation of the right distal radius fracture and reduction and
percutaneous pinning of the dislocated dorsal radioulnar joint. After a thorough conversation with the
patient and the patient's family, the patient wished to proceed with removal of the deep orthopedic
implant under sedation. All risks, benefits, and altematives were explained to the patient at length.
MID-L-004441-22 09/20/2023 5:35:12 PM Pg5of7 Trans ID: LCV20232899811
JIMENEZ, JOSE
PAGE NO.: 2
On February 16, 2022, the patient was brought to the operating room and placed supine on the operating
table. After adequate anesthesia was given, the patient's right upper extremity was prepped and draped in
the standard surgical fashion. Local anesthetic was used to anesthetize the DRUJ and the superficial skin
around the radial styloid. Once this was completed, a sterile orthopedic plier was used to grab the implant
firmly and with a twisting motion, we were able to back the implant out with minimal trauma cause. The
K-wire was inspected carefully and the sharp tip of the K-wire was attached to the remainder of the K-
wire proving that the entire orthopedic implant had been removed. Following removal of the orthopedic
implant, I gently manipulated the patient's right wrist in flexion, extension, supination, and pronation to
help break any adhesions and enhance his ability to return to the best range of motion possible. A sterile
dressing was applied over the hole of the distal aspect of the radius. The patient was placed in a volar
splint for soft tissue rest and comfort. The patient was transferred to the PACU in stable condition,
Postoperatively, the patient will follow up with us in approximately 10 to 14 days.
The orthopedic assistant, Katie Harrer, PA-C was essential for all portions of the procedure including help
with manipulation and removal of the orthopedic hardware.
Timothy Henderson, MD
Mo? a
D: 02/16/2022 T: 02/16/2022
MID-L-004441-22 09/20/2023 5:35:12 PM Pg6of7 Trans ID: LCV20232899811
EXHIBIT B
MID-L-004441-22 09/20/2023 5:35:12 PM Pg7of7 Trans ID: LCV20232899811
MID-L-004441-22 07/14/2023 3:43:19 PM Pg1of1 Trans ID: LCV20232088355
ie
e
6 THE HADDAD LAW FIRM”
Woodbridge Nehal Modi
100 West Pond Road Also Admitted in NY
Hopelawn, NJ 08861
(732) 933-3535
*REPLY TO WOODBRIDGE OFFICE*
Jersey City Attorney Email: nebal@sphlaw.com
101 Hudson Street Legal Assistant/Calendar Email: ana@sphlaw.com
21* Floor, Suite 2100 Legal Assistant Email: jkramer@sphlaw.com
Jersey City, NJO7306
(201) 798-3200 July 14, 2023
Byappointment
only: Via E-Filing Only
Newark Middlesex County Courthouse
1 Gateway Center 56 Paterson Street
Suite 2600
Newark, NJ07102 New Brunswick, NJ 08903
(973) 546-3200 Attn. Civil Records Department
Red Bank
125 Half Mile Rd
Suite 200
Re: Jose Gomez Jimenez vs. M&C AD Properties, LLC, et als.
Red Bank, NJ 07701 Docket No.: MID-L-4441-22
(732)933-3535
Paramus Dear Sir/Madam:
140 E, Ridgewood Ave
Suite 415
Paramus, NJ 07652 We represent the Plaintiff, Jose Gomez Jimenez in the above-referenced matter.
(201)798-3200
Princeton
100 Horizon Center Bivd Discovery in this matter is set to end on August 20, 2023.
With the consent of
1" &2™ Floors Defendant’s Counsel, John J. Kapp, Esq., we are requesting a sixty (60) day
Hamilton Twp, NJ 08691
(732) 933-3535 extension to October 19, 2023.
Freehold
4400 Route 9 South Thank you for your attention to this matter.
Suite 1000
Freehold, NJ 07728
(732) 933-3535, Very truly yours,
Bayonne THE HADDAD LAW FIRM, PC
418 Broadway
2° Floor Neb Vode
Bayonne, NJ 07002
(201) 798-3200
Nehal Modi
Hackensack
NM/af
2 University Plaza cc: John J. Kapp, Esq. — Via E-Filing Only
Suite 100
Hackensack, NJO7601
(201) 798-3200
Manhattan
405 Lexington Ave
East 42™ Street
New York, NY 10174
Preview
MID-L-004441-22 09/20/2023 5:35:12 PM Pglof2 Trans ID: LCV20232899811 Nehal Modi, Esquire — 016542005 THE HADDAD LAW FIRM, PC Attorneys at Law 100 West Pond Rd. Hopelawn, NJ 08861 Tel: (732) 933-3535/ Fax: (732) 933-3536 Attorneys for Plaintiff, Jose Gomez Jimenez JOSE GOMEZ JIMENEZ, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY Plaintiff, DOCKET NO.: MID-L-4441-22 vs. CIVIL ACTION M&C AD PROPERTIES, LLC, MIZAEL MIRANDA, JOHN DOES 1-10, JANE NOTICE OF MOTION TO EXTEND DOES 1-10, ABC COMPANY 1-10, DEF DISCOVERY FOR GOOD CAUSE MAINTENANCE COMPANY 1-10 AND GHI SNOW REMOVAL COMPANY 1- 10, (said names being fictitious), Defendants. TO John J. Kapp, Esq. Gregory P. Helfrich & Associates 180 River Road Summit, NJ 07902 Attorneys for Defendant, M&C AD Properties, LLC PLEASE TAKE NOTICE that the undersigned will apply to the above-named Court located at Middlesex County Courthouse, 56 Paterson Street, New Brunswick, New Jersey 08903, on Friday, October 6, 2023 at 9 o’clock in the forenoon or as soon thereafter as counsel may be heard, for an Order extending discovery by ninety (90) days for good cause. PLEASE TAKE FURTHER NOTICE that counsel will rely on the annexed Certification and exhibits. Pursuant to Rule 1:6-2(a) the motion shall be deemed uncontested, and there shall be no right to argue orally in opposition unless responsive papers are timely filed and served stating with particularity the basis of the opposition to the relief sought. Pursuant to Rule 1:6-2(d), oral argument is not requested, unless opposition is received. MID-L-004441-22 09/20/2023 5:35:12 PM Pg2of2 Trans ID: LCV20232899811 Discovery in this matter is set to end on October 19, 2023. No Arbitration or Trial dates have been scheduled. THE HADDAD LAW FIRM, PC Attorneys for the Plaintiff s/ Nehal Modi Nehal Modi Dated: September 20, 2023 MID-L-004441-22 09/20/2023 5:35:12 PM Pglof2 Trans ID: LCV20232899811 Nehal Modi, Esquire — 016542005 THE HADDAD LAW FIRM, PC Attorneys at Law 100 West Pond Rd. Hopelawn, NJ 08861 Tel: (732) 933-3535/ Fax: (732) 933-3536 Attorneys for Plaintiff; Jose Gomez Jimenez JOSE GOMEZ JIMENEZ, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY Plaintiff, DOCKET NO.: MID-L-4441-22 vs. CIVIL ACTION M&C AD PROPERTIES, LLC, MIZAEL MIRANDA, JOHN DOES 1-10, JANE ORDER DOES 1-10, ABC COMPANY 1-10, DEF MAINTENANCE COMPANY 1-10 AND GHI SNOW REMOVAL COMPANY I1- 10, (said names being fictitious), Defendants. THIS MATTER having been opened to the Court by The Haddad Law Firm, PC, attorneys for Plaintiff, on notice to Defendant, and the Court having reviewed the moving papers and opposing papers (if any), and for good cause shown, IT IS on this day of , 2023, ORDERED that discovery is hereby extended by one ninety (90) days for good cause to January 17, 2024 to allow the following: 1 Defendant shall provide a copy of the signed Lease by October 9, 2023; 2 Plaintiff shall provide outstanding medical records and bills by October 31, 2023; Depositions of the parties shall be completed by October 31, 2023; Plaintiff's liability and/or medical expert report(s) shall be served by December 8, 2023: MID-L-004441-22 09/20/2023 5:35:12 PM Pg2of2 Trans ID: LCV20232899811 5 Defendant’s liability and/or medical expert report(s) shall be served by January 8 2024; 6. Responsive report from experts shall be served by January 17, 2024; 7 All other discovery as a result of the foregoing shall be completed by January 17. 2024, and it is further, ORDERED that a copy of the within Order shall be deemed served upon the online posting of same. JS.C. Unopposed Opposed —_—_ MID-L-004441-22 09/20/2023 5:35:12 PM Pglof3 Trans ID: LCV20232899811 Nehal Modi, Esquire — 016542005 THE HADDAD LAW FIRM, PC Attorneys at Law 100 West Pond Rd. Hopelawn, NJ 08861 Tel: (732) 933-3535/ Fax: (732) 933-3536 Attorneys for Plaintiff, Jose Gomez Jimenez JOSE GOMEZ JIMENEZ, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY Plaintiff, DOCKET NO.: MID-L-4441-22 vs. CIVIL ACTION M&C AD PROPERTIES, LLC, MIZAEL CERTIFICATION OF COUNSEL MIRANDA, JOHN DOES 1-10, JANE DOES 1-10, ABC COMPANY 1-10, DEF MAINTENANCE COMPANY 1-10 AND GHI SNOW REMOVAL COMPANY 1- 10, (said names being fictitious), Defendants. I, Nehal Modi, Esq., hereby certify as follows: 1 Iam an attorney at law of the State of New Jersey, and a Partner with The Haddad Law Firm, PC, attorney for Plaintiff, Jose Gomez Jimenez in the above captioned matter. I make this Certification upon my personal knowledge and review of the file materials. 2. I make this Certification in support of Plaintiff's motion for an Order extending discovery by ninety (90) days for good cause. 3 This matter involves a claim for personal injuries sustained by Plaintiff on January 5, 2022 when he slipped and fell on an exterior staircase of Defendant’s premises due to snow/ice. 4 As a result of the accident, Plaintiff suffered a 3-part displaced fracture to his right wrist. 5 Plaintiff underwent open reduction internal fixation of his fracture on January 1, MID-L-004441-22 09/20/2023 5:35:12 PM Pg2of3 Trans ID: LCV20232899811 2022. He also underwent removal of hardware on February 16, 2022. A true and correct copy of the Operative Reports of these surgeries is attached hereto as Exhibit A. 6. Plaintiff is currently under the care of his surgeon, Timothy Henderson, M.D of One Oak Medical and is undergoing physical therapy. 7 Written discovery has been exchanged and majority of Plaintiff's medical records and bills have been served. 8 Plaintiff needs time to serve updated records and bills due to his ongoing treatment. 9. The parties need additional time to complete depositions. 10. The deposition of Plaintiff and Defendant’s representative was scheduled for July 19, 2023. Defendant’s deposition started but it was immediately adjourned when he stated that there is a written Lease which governs snow removal but the Lease had not been provided. The undersigned office is still waiting for the Lease so that deposition could proceed on October 12, 2023, as presently scheduled. 11. The parties also need time to serve reports from their liability and/or medical experts. 12. Discovery in this matter is scheduled to end on October 19, 2023. 13. No Arbitration or Trial date is present scheduled. Thus, the parties are subject to the good cause standard to extend discovery. R. 4:24-l(c). The term “good cause shown” is flexible and its meaning is not fixed and definite. Leitner v. Toms River Regional School, 392 N.J.Super. 80, 92-94 (App. Div. 2007), citing Tholander v. Tholander, 34 N.J.Super. 150, 152 (Ch.Div.1955). The Court in Ponden v. Ponden, 374 N.J.Super. 1, 9-11 (App Div. 2004) held that if neither the arbitration date nor the trial date has been set, discovery extensions, particularly for the purpose of submitting an expert’s report, should be liberally granted. MID-L-004441-22 09/20/2023 5:35:12 PM Pg3o0f3 Trans ID: LCV20232899811 14. Plaintiff is seeking an extension of discovery by ninety (90) days to complete the aforementioned discovery. 15. It is respectfully requested that in order for there to be a full and fair determination of liability and damages in this case that discovery be extended. 16. Discovery was previously extended via consent letter (Exhibit B). This is the first motion. 17. Plaintiff will be unduly prejudiced if this request is denied. No reciprocal prejudice will inure to the defense if the request is granted. Thereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. s/ Nehal Modi Nehal Modi Dated: September 20, 2023 MID-L-004441-22 09/20/2023 5:35:12 PM Pglof1 Trans ID: LCV20232899811 Nehal Modi, Esquire — 016542005 THE HADDAD LAW FIRM, PC Attorneys at Law 100 West Pond Rd. Hopelawn, NJ 08861 Tel: (732) 933-3535/ Fax: (732) 933-3536 Attorneys for Plaintiff, Jose Gomez Jimenez JOSE GOMEZ JIMENEZ, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY Plaintiff, DOCKET NO.: MID-L-4441-22 vs. CIVIL ACTION M&C AD PROPERTIES, LLC, MIZAEL PROOF OF SERVICE MIRANDA, JOHN DOES 1-10, JANE DOES 1-10, ABC COMPANY 1-10, DEF MAINTENANCE COMPANY 1-10 AND GHI SNOW REMOVAL COMPANY 1- 10, (said names being fictitious), Defendants. Thereby certify that on September 20, 2023, I served the original of the within Notice of Motion to the Clerk of the Superior Court of New Jersey (Middlesex County) at 56 Paterson Street, New Brunswick, New Jersey via E-filing, and one copy of the Notice of Motion by E-filing to: John J. Kapp, Esq. Gregory P. Helfrich & Associates 180 River Road Summit, NJ 07902 Attorneys for Defendant, M&C AD Properties, LLC THE HADDAD LAW FIRM, PC Attorneys for the Plaintiff s/ Nehal Modi Dated: September 20, 2023 Nehal Modi MID-L-004441-22 09/20/2023 5:35:12 PM Pglof7 Trans ID: LCV20232899811 EXHIBIT A MID-L-004441-22 09/20/2023 5:35:12 PM Pg2of7 Trans ID: LCV20232899811 q META surgical associates 6 Chestnut Ridge Rd Montvale, NJ 07645 201-484-8222 OPERATIVE REPORT PATIENT NAME: GOMEZ JIMENEZ, JOSE DATE OF BIRTH: DATE OF SURGERY: 01/19/2022 PREOPERATIVE DIAGNOSIS: Right 3-part intra-articular displaced distal radius fracture. POSTOPERATIVE DIAGNOSIS: Right 3-part displaced intra-articular distal radius fracture with dorsal radioulnar joint dislocation. pROCE ‘DURE PERFORMED: Open reduction and internal fixation of a right 3-part intra-articular distal radius fracture, CPT code 25609. 2. Open reduction and cross pinning of dislocated dorsal radioulnar joint, CPT code 25676. 3. Complex wound closure, 2.5 to 7.5 cm, CPT code 13152. 4. Application of short-arm splint, CPT code 29125. 5 Intraoperative use of fluoroscopy, CPT code 76000. SURGEON: Timothy Henderson, MD ASSISTANT: First Assist - Kimberly Tucker, MD. Second Assist - Faisal Mahmood, MD ANESTHESIA: General anesthesia with regional nerve blockade. ESTIMATED BLOOD LOSS: Less than 20 mL. FINDINGS: As above. COMPLICATIONS: None. HARDWARE USED: Implants include Stryker VariAx 3-hole locking distal radius plate with five 2.7 locking screws and two 2.7 nonlocking screws. DISPOSITION: The patient was transferred to the PACU in stable condition. INDICATIONS: Mr. Jose Gomez Jimenez is a previously healthy 26-year-old male who sustained a ground-level fall on the ice outside of his home. The patient had immediate pain and deformity to the right distal radius, The patient was seen in the urgent care, diagnosed with a significant right wrist injury, and sent to our office for further evaluation. After physical exam and x-ray review, it was determined that the patient had a severe right 3-part intra-articular displaced fracture with loss of volar tilt and posterior comminution. After a thorough conversation with the patient and the patient's loved ones Tegarding his diagnosis and treatment options, the patient wished to proceed with operative treatment for this injury. All risks, benefits, and altematives were explained to the patient at length. MID-L-004441-22 09/20/2023 5:35:12 PM Pg3of7 Trans ID: LCV20232899811 GOMEZ JIMENEZ, JOSE PAGE NO.: 2 DESCRIPTION OF PROCEDURE: On January 19, 2022, the patient was brought to the operating room and placed upon the operating room table. After adequate anesthesia was given, the patient's right upper extremity was prepped and draped in a standard surgical fashion. The patient received 2 g of Ancef prior to incision. A time-out was performed to confirm correct side and procedure. We began the procedure by creating an FCR approach to the right distal radius. We carried our skin incision to the tendon sheath of the flexor carpi radiali: was encountered. We incised this flexor tendon sheath sharply and retracted the flexor carpi radialis tendon ulnarly. posterior aspect of the FCR sheath. We incised through this sharply which immediately showed a ruptured pronator quadratus muscle. We retracted the ruptured pronator quadratus muscle medially and then elevated the remainder of the pronator quadratus muscle off the radial aspect of the radius and retracted it medially, protecting the median nerve. We then identified our fracture. With the use of reduction techniques including the use of osteotomes and bone holding tenaculums, we were able to reduce the distal radius fracture to a near-anatomic position. We were able to decrease the intra-articular step-off to less than 1 mm. Once we were satisfied that the reduction had been correctly performed, we provisionally pinned the distal radius fracture with the use of K-wires. Once within appropriate position, we obtained our Stryker VariAx 3-hole wide locking distal radius plate. We placed the VariAx 3-hole locking distal radius plate on the volar aspect of the distal radius in a standard surgical fashion. We pinned it provisionally with the use of K-wire and checked C- arm fluoroscopy images. was in appropriate position, we began fixing the plate to the bone ina standard surgical fashion. We placed 2 nonlocking screws in the proximal portion of the plate fixing the plate firmly to the bone and an additional locking screw in the most proximal portion of the plate, We then placed 4 locking screws in the distal row of the plate supporting the articular surface of the distal radius. On careful inspection of the DRUJ during fluoroscopy, it was noted that the ulna was dislocated from its anatomic position at the dorsal radioulnar joint. Decision at this point was made to reduce the ulna back into its anatomic position and pin it provisionally to the ulna and the DRUJ and pin it to prevent later instability. Once the DRUJ was reduced manually and held in position, a 2.0 K-wire was passed from the radial aspect of the distal radius into the ulna holding it in position in a standard surgical fashion. Final C-arm images were obtained confirming the DRUJ reduction and appropriate placement of hardware and reduction of our fracture. At this point, we irrigated the wound copiously with sterile saline and paid attention to closure. The pronator quadratus was reapproximated to the radial aspect of the distal radius with a 2-0 Vicryl and a figure-of-eight stitch. Subcutaneous tissues were meticulously reapproximated with the use of 2-0 Vicryl in buried interrupted stitches. The skin was closed meticulously with 2-0 Vicryl in horizontal mattress stitches. A sterile dressing was applied over the wound. We fabricated a short-arm splint of fiberglass for the patient's comfort and applied it to the volar aspect of the wrist and molded it in its position while it hardened. The patient was then awakened from anesthesia and transferred to the PACU in stable condition. The assistant surgeons, Dr. Tucker and Dr. Mahmood, were present and vital for all portions of the difficult procedure, necessary for all parts of the procedure including reduction of fracture, placement of hardware, reduction of the DRUJ, and closure of wounds and splinting. Timothy Henderson, MD MOP D: 01/20/2022 T: 01/21/2022 MID-L-004441-22 09/20/2023 5:35:12 PM Pg4of7 Trans ID: LCV20232899811 Vv META surgical associates 6 Chestnut Ridge Rd Montvale, NJ 07645 201-484-8222 OPERATIVE REPORT PATIENT NAME: JIMENEZ, JOSE DATE OF BIRTH: DATE OF SURGERY: 02/16/2022 PREOPERATIVE DIAGNOSIS: Right distal radius fracture and distal radioulnar joint dislocation status post open reduction and internal fixation of the right distal radius fracture and reduction and percutaneous pinning of the dislocated dorsal radioulnar joint. POSTOPERATIVE DIAGNOSIS: Right distal radius fracture and distal radioulnar joint dislocation status post open reduction and internal fixation of the right distal radius fracture and reduction and percutaneous pinning of the dislocated dorsal radioulnar joint. PROCEDURE PERFORMED: 1 Removal of orthopedic hardware, K-wire smooth pin, CPT code 20670. 2. Manipulation of right wrist under anesthesia, CPT code 25259, 3 Application of short-arm splint, CPT code 29125. SURGEON: Timothy Henderson, MD ASSISTANT: Katie Harrer, PA-C ANESTHESIA: IV sedation and local anesthetic. ESTIMATED BLOOD LOSS: Less than 5 mL. FINDINGS: As above. COMPLICATIONS: None. IMPLANT REMOVED: A 1.6-mm smooth K-wire. DISPOSITION: The patient was transferred to PACU in stable condition. INDICATIONS: Mr. Jose Jimenez is a previously healthy, 26-year-old male who sustained an injury to his right wrist when he slipped and fell outside his home on ice. The patient sustained an intra-articular distal radius fracture and distal radioulnar joint dislocation. DESCRIPTION OF PROCEDURE: The patient was taken to the operating room. He previously underwent open reduction and internal fixation of the right distal radius fracture and reduction and percutaneous pinning of the dislocated dorsal radioulnar joint. After a thorough conversation with the patient and the patient's family, the patient wished to proceed with removal of the deep orthopedic implant under sedation. All risks, benefits, and altematives were explained to the patient at length. MID-L-004441-22 09/20/2023 5:35:12 PM Pg5of7 Trans ID: LCV20232899811 JIMENEZ, JOSE PAGE NO.: 2 On February 16, 2022, the patient was brought to the operating room and placed supine on the operating table. After adequate anesthesia was given, the patient's right upper extremity was prepped and draped in the standard surgical fashion. Local anesthetic was used to anesthetize the DRUJ and the superficial skin around the radial styloid. Once this was completed, a sterile orthopedic plier was used to grab the implant firmly and with a twisting motion, we were able to back the implant out with minimal trauma cause. The K-wire was inspected carefully and the sharp tip of the K-wire was attached to the remainder of the K- wire proving that the entire orthopedic implant had been removed. Following removal of the orthopedic implant, I gently manipulated the patient's right wrist in flexion, extension, supination, and pronation to help break any adhesions and enhance his ability to return to the best range of motion possible. A sterile dressing was applied over the hole of the distal aspect of the radius. The patient was placed in a volar splint for soft tissue rest and comfort. The patient was transferred to the PACU in stable condition, Postoperatively, the patient will follow up with us in approximately 10 to 14 days. The orthopedic assistant, Katie Harrer, PA-C was essential for all portions of the procedure including help with manipulation and removal of the orthopedic hardware. Timothy Henderson, MD Mo? a D: 02/16/2022 T: 02/16/2022 MID-L-004441-22 09/20/2023 5:35:12 PM Pg6of7 Trans ID: LCV20232899811 EXHIBIT B MID-L-004441-22 09/20/2023 5:35:12 PM Pg7of7 Trans ID: LCV20232899811 MID-L-004441-22 07/14/2023 3:43:19 PM Pg1of1 Trans ID: LCV20232088355 ie e 6 THE HADDAD LAW FIRM” Woodbridge Nehal Modi 100 West Pond Road Also Admitted in NY Hopelawn, NJ 08861 (732) 933-3535 *REPLY TO WOODBRIDGE OFFICE* Jersey City Attorney Email: nebal@sphlaw.com 101 Hudson Street Legal Assistant/Calendar Email: ana@sphlaw.com 21* Floor, Suite 2100 Legal Assistant Email: jkramer@sphlaw.com Jersey City, NJO7306 (201) 798-3200 July 14, 2023 Byappointment only: Via E-Filing Only Newark Middlesex County Courthouse 1 Gateway Center 56 Paterson Street Suite 2600 Newark, NJ07102 New Brunswick, NJ 08903 (973) 546-3200 Attn. Civil Records Department Red Bank 125 Half Mile Rd Suite 200 Re: Jose Gomez Jimenez vs. M&C AD Properties, LLC, et als. Red Bank, NJ 07701 Docket No.: MID-L-4441-22 (732)933-3535 Paramus Dear Sir/Madam: 140 E, Ridgewood Ave Suite 415 Paramus, NJ 07652 We represent the Plaintiff, Jose Gomez Jimenez in the above-referenced matter. (201)798-3200 Princeton 100 Horizon Center Bivd Discovery in this matter is set to end on August 20, 2023. With the consent of 1" &2™ Floors Defendant’s Counsel, John J. Kapp, Esq., we are requesting a sixty (60) day Hamilton Twp, NJ 08691 (732) 933-3535 extension to October 19, 2023. Freehold 4400 Route 9 South Thank you for your attention to this matter. Suite 1000 Freehold, NJ 07728 (732) 933-3535, Very truly yours, Bayonne THE HADDAD LAW FIRM, PC 418 Broadway 2° Floor Neb Vode Bayonne, NJ 07002 (201) 798-3200 Nehal Modi Hackensack NM/af 2 University Plaza cc: John J. Kapp, Esq. — Via E-Filing Only Suite 100 Hackensack, NJO7601 (201) 798-3200 Manhattan 405 Lexington Ave East 42™ Street New York, NY 10174