Preview
ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 1 of2 Trans ID: LCV20201301706
Peter J. Frazza, Esq.
Attorney ID: 022501981
GIBBONS P.C.
One Gateway Center
Newark, New Jersey 07102-5310
(973) 596-4500
Attorneys for Non-Party/Movant,
Peter H. Meister
SUPERIOR COURT OF NEW JERSEY
KIRSH, GELBAND & STONE, P.A., ESSEX COUNTY: LAW DIVISION
DOCKET NO. ESX-L-3110-20
Plaintiff,
Civil Action
Vv.
DAVID A MAZIE and MAZIE SLATER KATZ
& FREEMAN, LLC, NOTICE OF MOTION TO QUASH THE
SUBPOENA ISSUED TO PETER H.
Defendant. MEISTER AND FOR A PROTECTIVE
ORDER
TO Bruce H. Nagel, Esq.
Nagel Rice, LLP
103 Eisenhower Parkway, Suite 103
Roseland, New Jersey 07068
Thomas P. Scrivo, Esq.
O’Toole Scrivo, LLC
14 Village Park Road
Cedar Grove, NJ 07009
David A. Mazie, Esq.
Mazie Slater Katz & Freeman, LLC
103 Eisenhower Parkway, 2"4 Floor
Roseland, New Jersey 07068
COUNSEL:
PLEASE TAKE NOTICE that on August 21, 2020, at 9:00 a.m. or as soon thereafter as
counsel may be heard, the undersigned, on behalf of non-party Peter H. Meister shall move
before the Superior Court of New Jersey, Essex County, Law Division, Historic Courthouse, 470
Martin Luther King Jr. Blvd., Newark, New Jersey 07102, for the entry of an Order for the entry
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of an Order pursuant to R. 1:9-2 and R. 4:10-3 quashing the Subpoena Duces Tecum and Ad
Testificandum issued to Peter H. Meister in its entirety and issuing a Protective Order providing
that discovery not be had.
PLEASE TAKE FURTHER NOTICE that in support of the within motion, Peter H.
Mesiter shall rely upon the accompanying Brief and the Certification of Peter J. Frazza, Esq.
with accompanying exhibits.
PLEASE TAKE FURTHER NOTICE that a proposed form of Order pursuant to Rule
1:6-2(e) is submitted herewith.
PLEASE TAKE FURTHER NOTICE that oral argument is requested.
GIBBONS P.C.
Attorneys for Non-Party/Movant Peter H.
Meister
By:/s/ Peter J. Frazza
PETER J. FRAZZA
Dated: July 27, 2020
ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 1 of2 Trans ID: LCV20201301706
Peter J. Frazza, Esq.
Attorney ID: 022501981
GIBBONS P.C.
One Gateway Center
Newark, New Jersey 07102-5310
(973) 596-4500
Attorneys for Non-Party/Movant,
Peter H. Meister
SUPERIOR COURT OF NEW JERSEY
KIRSH, GELBAND & STONE, P.A., ESSEX COUNTY: LAW DIVISION
DOCKET NO. ESX-L-3110-20
Plaintiff,
Civil Action
Vv,
DAVID A MAZIE and MAZIE SLATER
KATZ & FREEMAN, LLC, [PROPOSED] ORDER GRANTING
PETER H. MEISTER’S MOTION TO
Defendant. QUAH SUBPOENA AND FOR A
PROTECTIVE ORDER
THIS MATTER having opened to the Court by way of motion filed by Gibbons P.C.,
(“Gibbons”), counsel for non-party/movant Peter H. Meister (“Meister”) for the entry of an Order
quashing the Subpoena Duces Tecum and Ad Testificandum issued to Meister (the “Subpoena”)
and for the entry of a Protective Order pursuant to R. 1:9-2 and R. 4-10-3; and the Court having
considered the papers submitted in support of and in opposition to the motion; and having heard
oral argument of counsel; and for good cause shown;
IT IS on this day of » ORDERED that:
1 Meister’s motion be and hereby is granted.
2. The Subpoena shall be and hereby is quashed in its entirety and compliance with
the Subpoena shall not be required by Meister.
3. A Protective Order be and hereby is entered against Plaintiff and its counsel
providing that discovery not be had with respect to the Subpoena.
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4. Gibbons shall serve a copy of this Order on all counsel within three (3) days from
receipt of this Order.
Hon. JISC.
Opposed.
Unopposed
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Peter J. Frazza, Esq.
Attorney ID: 022501981
GIBBONS P.C.
One Gateway Center
Newark, New Jersey 07102-5310
(973) 596-4500
Attorneys for Plaintiff
SUPERIOR COURT OF NEW JERSEY
KIRSH, GELBAND & STONE, P.A., ESSEX COUNTY: LAW DIVISION
DOCKET NO. ESX-L-3110-20
Plaintiff,
Civil Action
Vv.
DAVID A MAZIE and MAZIE SLATER KATZ
& FREEMAN, LLC, CERTIFICATION OF
PETER J. FRAZZA, ESQ.
Defendant.
I, Peter J. Frazza, of full age, hereby certifies as follows:
1 lam an attorney-at-law of the State of New Jersey, and a member of the law firm
of Gibbons P.C, attorneys for non-party/movant Peter H. Meister (“Meister”). As such, I have
personal knowledge of the facts set forth herein.
2 Attached hereto as Exhibit A is a true and correct copy of the February 2, 2017
letter from KGS to Philip Rosenbach.
3 Attached hereto as Exhibit B is a true and correct copy of KGS’s motion to
withdraw as counsel filed on August 6, 2019.
4. Attached hereto as Exhibit C is a true and correct copy of KGS’s motion seeking
an order to produce filed on August 26, 2019.
5 Attached hereto as Exhibit D is a true and correct copy of the Opinion of Judge
Petrillo dated October 2, 2019.
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6. Attached hereto as Exhibit E is a true and correct copy of excerpts from the
transcript of the hearing before Judge Petrillo on May 4, 2020.
7
Attached hereto as Exhibit F is a true and correct copy of Complaint in the within
matter filed May 6, 2020.
8 Attached hereto as Exhibit G is a true and correct copy of Mazie Slater Katz &
Freeman’s (“Mazie’”’) brief in support of its motion to dismiss filed on June 24, 2020.
9 Attached hereto as Exhibit H is a true and correct copy of the Subpoena served on
Mr. Meister on June 25, 2020.
10. Attached hereto as Exhibit I is a true and correct copy of the letter sent by Mr.
Nagel to Mr. Meister on July 13, 2020.
11. Attached hereto as Exhibit J is a true and correct copy of a letter from Mr.
Schechter to Messrs. Nagel and Scrivo dated June 12, 2020.
12. Attached hereto as Exhibit K is a true and correct copy of the unreported decision
in Lane Constr. Co. v. Munday, 2020 Super. N.J. Unpub. LEXIS 443 (App. Div. Jan. 13, 2020).
13. Attached hereto as Exhibit L is a true and correct copy of the unreported decision
in Harvey v. Nissan North Am., Inc., 2005 WL 1010501 (N.J. Ch. Apr. 5, 2005).
14. Attached hereto as Exhibit M is a true and correct copy of the unreported decision
in Furst v. Lucent, Inc., 2010 N.J. Super. Unpub. LEXIS 325 (App. Div. February 22, 2010).
15. Attached hereto as Exhibit N is a true and correct copy of the unreported decision
in Township of Freehold v. CentraState Med. Ctr., Inc., 2020 N.J. Tax. Unpub. LEXIS 22 (Tax
June 29, 2020).
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16. Attached hereto as Exhibit O is a true and correct copy of the unreported decision
in Atl. Research Corp. v. Robertson, Freilich, Bruno & Cohen, LLC, 2013 N.J. Super. Unpub.
LEXIS 3081 (Law Div. March 12, 2013).
I certify that the foregoing statements made by me are true. | am aware that if any of the
foregoing statements are willfully false, I am subject to punishment.
/s/ Peter J. Frazza
PETER J. FRAZZA
Dated: July 27, 2020
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EXHIBIT A
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V Law Offices
KIRSCH, GELBAND & STONE
A Professional Association
17 Academy Street - Suite 707
Newark, NJ 07102
(973) 623-0100
Fax: (973) 623-6901
Website: TellmeAboutYourCase.com
GREGG ALAN STONE
* CERTIFIED BY THE SUPREME COURT OF NEW JERSEY
AS A CERTIFIED CIVIL TRIAL ATTOR
* CERTIFIED BY THE NATIONAL BOARD OF TRIAL
ADVOCACY AS A CIVIL TRIAL SPECIALIST NED KIRSCH
+ CERTIFIED BY THE NATIONAL BOARD. FOUNDING PARTNER,
OF CIVIL PRETRIAL PRACTICE ADVOCACY (1955-2004)
DAVID GELBAND.
“ CERTIFIED BY THE SUPREME COURT OF NEW JERSEY
AS A CIVIL TRIAL ATTORNEY
sb ADMITTED IN NY
JAY H. BERNSTEIN
“ CERTIFIED BY THE SUPREME COURT OF NEW JERSEY
‘AS A WORKERS’ COMPENSATION LAW ATTORNEY.
‘ ADMITTED IN PA CT WASH DC
February 2, 2017
RE CR
PHILIP ROSENBACH, ESQ. "07 2017
BRMAN, ROSENBACH
10 Madison Avenue
P.O. Box 1916
eta Pe
Morristown, NJ 07962-1916
Re: MARIA MOSER MEISTER
DIA: 41/23/17
Dear >
h\ ch:
Thank you for referring the above matter to our office.
It is mutually agreed that the referring attorney may not participate in the referred
matter. However, the referring attorney shall be advised on an agreed-upon basis of
the status of the referred matter.
At the successful conclusion of the matter, we will forward you a 1/3-referral fee.
Best regards.
Very truly yours,
Kirsch, Gelband & Stone anh Vou
GAS:nr
{|
|
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EXHIBIT B
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ESX-L-004738-17 08/06/2019 10:12:41 AM Pg 1 of 2 Trans ID: LCV20191377164
GREGG ALAN STONE, ESQ
ID#: 000221987
KIRSCH, GELBAND & STONE
17 ACADEMY STREET - SUITE 707
NEWARK, NEW JERSEY 07102
Attorney for Plaintiff(s)
(973) 623-0100
serra tneenenemnn eens i ia
PETER H. MEISTER, legal guardian for SUPERIOR COURT OF NEW JERSEY
MARIA MOSER MEISTER and PETER LAW DIVISION: ESSEX COUNTY
MEISTER, individually, DOCKET NO. ESX-L-4738-17
Plaintiff(s),
CIVIL ACTION
VS.
VERIZON NEW JERSEY, INC.; PSEG NOTICE OF MOTION
SERVICES CORPORATION; NEPTUNE TO RELIEVE KIRSCH, GELBAND &
HOLDING US CORP. d/b/a ALTICE USA; NJ STONE, P.A. AS ATTORNEY FOR
TRANSIT CORPORATION; JOHN DOE (a PLAINTIFFS; AND PROTECT ITS CLAIM
fictitious name); ABC CORPORATION (a ) FOR ATTORNEYS’ FEES AND
fictitious corporation); MANNY MOE (a ADVANCED COSTS
fictitious name); and/or DEF CORPORATION )
(a fictitious corporation),
) (Returnable Friday, 8/30/19)
Defendant(s)
si
To Peter Meister
(Via certified mail and email)
(Home address withheld)
Robert M. Hanlon, Jr., Esq.
Goldberg Segalla
301 Carnegie Center Drive — Suite 200
Princeton, New Jersey 08540
Alfredo J. Alvarado, Esq.
Lester, Schwab
500 Frank W. Burr Blvd.
5°" Fl. — Suite 31
Teaneck, New Jersey 07666
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Robert L. Sanchez, Esq.
PSE&G Services Corp.
80 Park Plaza -T2D
Newark, New Jersey 07102
PLEASE TAKE NOTICE that the undersigned will apply to the above named Court a
the Essex County Superior Court, 465 Dr. Martin Luther King Jr., Blvd, Newark, New Jersey on
Friday, August 30, 2019 at 9:00 A.M. o'clock, or as soon thereafter as counsel may be heard,
for an Order to relieve Kirsch, Gelband & Stone, P.A. as attorneys for plaintiff and protect its
claim for attorneys’ fees and advanced costs.
Plaintiff's shall rely upon the annexed Certification of Counsel and Rules of Court i
support of the within motion.
| hereby certify that the original of this Motion is being filed with the Motions Clerk o
Essex County Superior Court and that service has been made upon all counsel of record and
plaintiff(s).
PRE-TRIAL CONFERENCE: NONE
CALENDAR CALL: NONE
TRIAL DATE: January 27, 2020
Pursuant to R.1:6-2, the undersigned:
( x ) waives oral argument and consents to disposition on
the papers.
( x ) request oral argument if motion is contested.
( ) request oral argument.
A proposed form of Order is annexed.
KIRSCH, GELBAND & STONE, P.A.
BY: GREG STONE, ESQ
DATED: August 6, 2019
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GREGG ALAN STONE, ESQ.
ID#: 000221987
KIRSCH, GELBAND & STONE
17 ACADEMY STREET - SUITE 707
NEWARK, NEW JERSEY 07102
Attorney for Plaintiff(s)
(973) 623-0100
acerca
ni ttn
PETER H. MEISTER, legal guardian for ) SUPERIOR COURT OF NEW JERSEY
MARIA MOSER MEISTER and PETER ) LAW DIVISION: ESSEX COUNTY
MEISTER, individually,
) DOCKET NO. ESX-L-4738-17
Plaintifi(s), )
Vs. )
)
VERIZON NEW JERSEY, INC.; PSEG ) CIVIL ACTION
SERVICES CORPORATION; NEPTUNE )
HOLDING US CORP. d/b/a ALTICE USA; NJ )
TRANSIT CORPORATION; JOHN DOE (a )
fictitious name); ABC CORPORATION (a ) ORDER
fictitious corporation); MANNY MOE (a
fictitious name); and/or DEF CORPORATION
(a fictitious corporation),
Defendant(s)
THIS MATTER having been opened to the Court on Friday, August 30,
2019 by Kirsch, Gelband & Stone, Esq., (Gregg Alan Stone, Esq.), for an Order
to relieve Kirsch, Gelband & Stone, P.A. as attorneys for plaintiff and protect its
claim for attorneys’ fees and advanced costs); the Court having reviewed the
moving papers and for good cause shown;
IT IS on this day of 2019,
ORDERED as follows:
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a. Kirsch, Gelband and Stone, P.A. shall be advised in advance of
any application/hearing to approve any settlement in the matter
on behalf of Maria Meister;
At that time, Kirsch, Gelband and Stone, P.A. shall be permitted
to apply for its attorneys’ fee based on its Retainer Agreement
and the Rules of Court;
That all costs advanced by Kirsch, Gelband and Stone, P.A.
shall be immediately reimbursed out of any settlement monies
received from the PSE&G settlement, immediately from Peter
Meister’s superseding attorney, or immediately from Peter
Meister, individually; and
d. That Kirsch, Gelband and Stone, P.A. shall be relieved as
counsel in the within matter; and it is further
ORDERED that a copy of this Order be served upon plaintiff Peter Meister
by regular mail and certified mail return receipt requested within days of
the date hereof.
ORDERED that a copy of this Order be served upon all counsel of record
within days of the date hereof.
J.S.C.
OPPOSED
UNOPPOSED
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GREGG ALAN STONE, ESQ.
ID#: 000221987
KIRSCH, GELBAND & STONE
17 ACADEMY STREET - SUITE 707
NEWARK, NEW JERSEY 07102
Attorney for Plaintiff(s)
(973) 623-0100
Sosa esate stan here precenemtenemee
PETER H. MEISTER, legal guardian for SUPERIOR COURT OF NEW JERSEY
MARIA MOSER MEISTER and PETER LAW DIVISION: ESSEX COUNTY
MEISTER, individually,
DOCKET NO.: ESX-L-4738-17
Plaintiff(s),
VS. CIVIL ACTION
VERIZON NEW JERSEY, INC.; PSEG
SERVICES CORPORATION; NEPTUNE CERTIFICATION OF COUNSEL
HOLDING US CORP. d/b/a ALTICE USA;
NJ TRANSIT CORPORATION; JOHN
DOE (a fictitious name); ABC
CORPORATION (a fictitious corporation);
MANNY MOE (a fictitious name); and/or
DEF CORPORATION (a fictitious
corporation),
Defendant(s)
I], GREGG ALAN STONE, ESQ., hereby certify as follows:
1 lam an attorney at law of the State of New Jersey and a member of the law
firm of Kirsch, Gelband & Stone, P.A. attorney for plaintiffs in the above-captioned matter.
Plaintiff Peter H. Meister has been appointed by the Surrogate of Hudson County as the
legal guardian of plaintiff Maria Moser Meister, due to cognitive injuries.
2 This liability action arises out of catastrophic injuries sustained by plaintiff
Maria Moser Meister on January 23, 2017, after a severely rotted and deteriorated wood
utility pole snapped at its base and struck Maria on her head and body, as she was
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walking to the bus stop to go to work on JFK Boulevard in North Bergen, New Jersey.
The pole was owned by defendant Verizon New Jersey, Inc. Up until 1999, the pole was
jointly owned between defendant Verizon New Jersey, Inc. and defendant PSE&G. After
1999, Verizon New Jersey, Inc. became the pole’s sole owner.
3 A punitive damage claim was asserted against defendant Verizon New
Jersey, Inc., and is the critical issue in the case, along with plaintiff Maria Moser Meister’s
compensatory damages. As a result of substantial discovery, defendant Verizon New
Jersey, Inc. seeks to stipulate liability on the compensatory claim.
4 It must be brought to the Court's attention that the undersigned has
diligently and exhaustively litigated this matter for over 2.5 years.
5, Most recently, 2 separate mediations have occurred before the Hon. Dennis
F. Carey, Ill., P.J.Cv.(ret). One on June 4, 2019 and the other on June 24, 2019.
6 While neither mediation was successful, due to several issues regarding
numerous layers of insurance coverage, the parties continue to privately negotiate, with
Judge Carey being apprised of the status of negotiations.
7 Presently, defendant Verizon New Jersey, Inc. has offered a significant
amount of money to settle this case.
8 The parties continue negotiations.
9 Within several days following the June 4, 2019 mediation, the lawyer-client
relationship between the undersigned and Peter Meister progressively deteriorated and
became irreversibly strained. Without going into specifics, Peter Meister has incessantly
used ultimatums and non-physical threats against the undersigned and his firm.
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10. Apart from the settlement with Verizon New Jersey, Inc., defendant PSE&G
has offered to settle its portion of the case.
11. On June 24, 2019, Peter Meister provided written authorization to Kirsch,
Gelband and Stone, P.A. authorizing the settlement with PSE&G.
12. Notwithstanding, Peter Meister refuses to execute the PSE&G Release.
13. Given the complete and utter breakdown in the lawyer-client relationship
between the undersigned and Peter Meister, Kirsch, Gelband & Stone, P.A. has no
alternative but to seek to be relieved as counsel in this matter.
14. Kirsch, Gelband & Stone, P.A. asserts a lien for its attorneys’ fee based
upon its Retainer Agreement and Rules of Court. Kirsch, Gelband & Stone also asserts
a lien for all costs it advanced in this matter, which presently total $84,241.13. These
liens are asserted against any monies received in this matter.
15. As of the close of business yesterday, August 5, 2019, Peter Meister has
been advised to obtain new legal counsel.
16. The matter is presently under case management and a trial date has been
set for January 27, 2020 before the Hon. Jeffrey B. Beacham, J.S.C.
17. Based on the foregoing, Kirsch, Gelband and Stone, P.A. requests the
following:
a Kirsch, Gelband and Stone, P.A. shall be advised in advance of any
application/hearing to approve any settlement in the matter on behalf of
Maria Meister;
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b. Atthat time, Kirsch, Gelband and Stone, P.A. shall be permitted to apply
for its attorneys’ fee based on its Retainer Agreement and the Rules of
Court;
That all costs advanced by Kirsch, Gelband and Stone, P.A. shall be
immediately reimbursed out of any settlement monies received from the
PSE&G settlement, immediately from Peter Meister’s superseding
attorney, or immediately from Peter Meister, individually; and
That Kirsch, Gelband and Stone, P.A. shall be relieved as counsel in the
within matter.
| certify that the foregoing statements made by me are true. | further certify that if
any of the foregoing statements made by me are false, | am subject to punishment.
KIRSCH, GELBAND & STONE
Y
/p
BY: GRE, N STONE, ESQ
DATED: August 6, 2019
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CERTIFICATION OF MAILING
| certify that the original and copy of the within Notice of Motion has been
forwarded to the Motions Clerk at the Essex County Superior Court, 465 Dr. Martin
Luther King, Jr., Blvd., Newark, New Jersey 07102 and a copy served upon all
counsel as follows:
Peter Meister
(Via certified mail and email)
(Home address withheld)
Robert M. Hanlon, Jr., Esq.
Goldberg Segalla
301 Carnegie Center Drive — Suite 200
Princeton, New Jersey 08540
Alfredo J. Alvarado, Esq.
Lester, Schwab
500 Frank W. Burr Blvd.
5t Fl. — Suite 34
Teaneck, New Jersey 07666
Robert L. Sanchez, Esq.
PSE&G Services Corp.
80 Park Plaza — T2D
Newark, New Jersey 07102
KIRSCH, he, “STONE, P.A.
BY: GREG STONE, ESQ.
DATED: August 6, 2019
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EXHIBIT C
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GREGG ALAN STONE, ESQ.
ID#: 000221987
KIRSCH, GELBAND & STONE
17 ACADEMY STREET - SUITE 707
NEWARK, NEW JERSEY 07102
Attorney for Plaintiffs
(973) 623-0100
esc SC Ents ctnnnoneret
detec
PETER H. MEISTER, legal guardian for ) SUPERIOR COURT OF NEW JERSEY
MARIA MOSER MEISTER, and PETER H. )
MEISTER, individually
) LAW DIVISION: ESSEX COUNTY
Plaintiff(s),
)
Vs. ) DOCKET NO. ESX-L-4738-17
)
VERIZON NEW JERSEY, INC.; PSEG )
SERVICES CORPORATION; NEPTUNE CIVIL ACTION
HOLDING US CORP. d/b/a ALTICE
USA; NJ TRANSIT CORPORATION;
JOHN DOE (a fictitious name); ABC ) NOTICE OF MOTION TO COMPEL
CORPORATION (a fictitious ) PRODUCTION OF DOCUMENTS
corporation); MANNY MOE (a fictitious
name); and/or DEF CORPORATION (a
fictitious corporation),
Defendant(s).
ee
TO Superior Court of New Jersey
Essex County — Civil Division
465 Martin Luther King, Jr. Blvd.
Newark, NJ 07102
David A. Mazie, Esq.
Mazie Slater Katz & Freeman, LLC
103 Eisenhower Parkway, 2 Floor
Roseland, NJ 07068
Robert M. Hanlon, Jr., Esq.
Goldberg Segalla
301 Carnegie Center Drive, Suite 200
Princeton, NJ 08540
Alfredo J. Alvarado, Esq.
Lester, Schwab
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500 Frank W. Burr Blvd.
5!" Fl. — Suite 31
Teaneck, New Jersey 07666
Robert L. Sanchez, Esq.
PSE&G Services Corp.
80 Park Plaza — T2D
Newark, New Jersey 07102
PLEASE TAKE NOTICE that the undersigned will apply to the above named
Court at 465 Dr. Martin Luther King, Jr. Blvd., Newark, New Jersey on Friday.
September 13, 2019 at 9:00 A.M. o'clock, or as soon thereafter as counsel may be
heard, for an Order to Produce Documents:
Plaintiffs shall rely upon the annexed Certification of Counsel and Rules of Court
in support of the within motion.
| hereby certify that the original of this Motion is being filed with the Motions Clerk
of Essex County Superior Court and that service has been made upon all counsel of
record
PRE-TRIAL CONFERENCE: NONE
CALENDAR CALL:
TRIAL DATE: NONE
Pursuant to R.1:6-2, the undersigned:
( ) waives oral argument and consents to disposition on
the papers.
(*5 request oral argument if motion is contested.
request oral argument.
A proposed form of Order is annexed.
KIRSCH, GELBAND & STONE,P.A.
G
BY: GREGG? STONE, ESQ
DATED: August 26, 2019
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GREGG ALAN STONE, ESQ.
ID#: 000221987
KIRSCH, GELBAND & STONE
17 ACADEMY STREET - SUITE 707
NEWARK, NEW JERSEY 07102
Attorney for Plaintiffs
(973) 623-0100
mentee neem nneneneneneneenene
ne nen enn nenenen nen
PETER H. MEISTER, legal guardian for ) SUPERIOR COURT OF NEW JERSEY
MARIA MOSER MEISTER, and PETER H. )
MEISTER, individually ) LAW DIVISION: ESSEX COUNTY
Plaintiff(s),
)
) DOCKET NO. ESX-L-4738-17
Vs.
)
VERIZON NEW JERSEY, INC.; PSEG )
SERVICES CORPORATION; NEPTUNE ) CIVIL ACTION
HOLDING US CORP. d/b/a ALTICE
USA; NJ TRANSIT CORPORATION;
JOHN DOE (a fictitious name); ABC ORDER
CORPORATION (a fictitious
corporation); MANNY MOE (a fictitious )
name); and/or DEF CORPORATION (a
fictitious corporation),
Defendant(s).
This matter having been brought before the Court on the Motion of GREGG ALAN
STONE, ESQ., of the law firm of Kirsch, Gelband & Stone, P.A, attorneys for plaintiffs,
Maria Meister, by her legal guardian, Peter Meister, and Peter Meister, individually,
(pending Motion to be Relieved) for an Order compelling Mazie, Slater, Katz and
Freeman, LLC, produce any and all agreement(s) between Mazie, Slater, Katz and
Freeman, LLC and plaintiffs regarding payment for attorneys’ fees, including any and all
Retainer Agreement(s), email(s), and/or other writing(s) pertaining to fee
arrangement(s), from the moment Mazie, Slater, Katz and Freeman, LLC was retained
ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 20 of 43 Trans ID: LCV20201301706
until the moment any application for attorneys’ fee is requested, that for good cause
shown;
IT IS ON THIS DAY OF 2019;
ORDERED that Mazie, Slater, Katz, and Freeman, LLC produce any and all
agreement(s) between Mazie, Slater, Katz and Freeman, LLC and plaintiffs regarding
payment for attorneys’ fees, including any and all Retainer Agreement(s), email(s),
and/or other writing(s) pertaining to fee arrangement(s), from the moment Mazie, Slater,
Katz and Freeman, LLC was retained until the moment any application for attorneys’ fee
is requested, within 10 days of the signing of this Order; and on an ongoing basis should
any fee arrangement change between Mazie, Slater, Katz and Freeman, LLC and
plaintiffs; and it is further
ORDERED that a copy of this Order shall be served upon all counsel in this action
within days of the date hereof.
,J.S.C.
Opposed
Unopposed
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GREGG ALAN STONE, ESQ.
ID#: 000221987
KIRSCH, GELBAND & STONE
17 ACADEMY STREET - SUITE 707
NEWARK, NEW JERSEY 07102
Attorney for Plaintiffs
(973) 623-0100
Serena water ne nie nae meeiceinaaeiieiniatenc
titer
PETER H. MEISTER, legal guardian for ) SUPERIOR COURT OF NEW JERSEY
MARIA MOSER MEISTER, and PETER )
H. MEISTER, individually ) LAW DIVISION: ESSEX COUNTY
Plaintiff(s),
DOCKET NO. ESX-L-4738-17
Vs.
VERIZON NEW JERSEY, INC.; PSEG CIVIL ACTION
SERVICES CORPORATION; NEPTUNE
HOLDING US CORP. d/b/a ALTICE
USA; NJ TRANSIT CORPORATION; ) CERTIFICATION OF COUNSEL
JOHN DOE (a fictitious name); ABC )
CORPORATION (a fictitious )
corporation); MANNY MOE (a fictitious )
name); and/or DEF CORPORATION (a )
fictitious corporation), )
Defendant(s).
|, Gregg Alan Stone, Esq., hereby certifies as follows:
1
| am an attorney at-law of the State of New Jersey and a member of the
law firm of Kirsch, Gelband & Stone, P.A. This office represents plaintiffs Maria Meister ,
by her legal guardian, Peter Meister, and Peter Meister, individually (pending present
Motion to be Relieved as Counsel). | am fully familiar with the facts of this case.
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2 This matter arises out of a tragic incident in which a severely rotted and
deteriorated wood utility pole snapped at its base and struck plaintiff Maria Meister on
her head on January 23, 2017 as she was walking to work to the bus stop on JFK
Boulevard in North Bergen, New Jersey. As a result of the accident, plaintiff Maria
Meister is a triplegic and suffered a severe traumatic brain injury.
3 On August 6, 2019, Kirsch, Gelband and Stone, P.A. filed a Motion to
Withdraw as Counsel from the case, due to a complete breakdown in the attorney-client
relationship. Kirsch, Gelband and Stone, P.A. was pummeled with non-physical threats
and ultimatums by Peter Meister, plaintiffs guardian.
4 On August 12, 2019, the law firm of Mazie, Slater, Katz and Freeman, LLC
filed an appearance on behalf of plaintiffs.
5 By way of telephone conversation, David Mazie, Esq. agreed to sign a
consent Order regarding the withdrawal of Kirsch, Gelband & Stone, P.A., amongst
other provisions.
6 Provision “C” in the submitted Consent Order states “[t]hat Kirsch,
Gelband, and Stone, P.A. shall be permitted to apply, appear, and participate before the
Court at the time any settlement is approved, and attorneys’ fee is awarded, to protect
its attorneys’ fee.”
7 Mr. Mazie refuses to consent to Provision “C”. On August 14, 2019,
Kirsch, Gelband & Stone P.A. filed a proposed corrected order with the Court, which
includes Provision “C”
8 On August 15, 2019, Mr. Mazie again voiced his disagreement with
Provision “C”, arguing that the Retainer Agreement between Mazie, Slater, Katz, and
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Freeman, LLC and plaintiffs is the only valid retainer, and that Kirsch, Gelband, and
Stone, P.A. may not participate in any fee application.
9 Based upon Mr. Mazie’s position, Kirsch, Gelband & Stone, P.A. requests
production of any and all agreement(s) between Mazie, Slater, Katz and Freeman, LLC
and plaintiffs regarding payment for attorneys’ fees, including and all Retainer
Agreement(s), email(s), and/or other writing(s) pertaining to fee arrangement(s), from
the moment Mazie, Slater, Katz and Freeman, LLC was retained until the moment any
application for attorneys’ fee is requested.
10. The Retention Agreement between plaintiffs and Mazie, Slater, Katz and
Freeman, LLC is not privileged. The authority is unanimous for the proposition that “in
the absence of unusual circumstances, the fact of a retainer, the identity of the client,
the conditions of employment and the amount of the fee do not come within the privilege
of the attorney-client relationship.” In re Semel, 411 F.2d 195, 197 (3d. Cir.1969); see
also NLRB v. Harvey, 349 F.2d 900, 904—05 (4th Cir.1965); United States v. Pape, 144
F.2d 778, 782-783 (2 Cir.1944); Wirtz v. Fowlez,372 F.2d 315, 332-333 (5th Cir.1966);
In re Wasserman, 198 F.Supp. 564 (D.C.Cir.1961).
11. Consistent with case law, any legal advice contained in the agreement(s)
may be redacted at the Court’s discretion.
12. Kirsch, Gelband and Stone, P.A. is similarly willing to produce any and all
all agreement(s), pursuant to Court Order, between Kirsch, Gelband and Stone P.A.
and plaintiffs regarding payment for attorneys’ fees, including all Retainer Agreement(s),
email(s), and/or other writing(s) pertaining to fee arrangement(s) between Kirsch,
Gelband, and Stone, P.A, and plaintiffs to Mazie, Slater, Katz and Freeman, LLC.
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13. By deciding the instant Motion, the importance of Provision “C” in the
provided corrected Order dated August 14, 2019 will become readily apparent.
14. Based upon the above, Kirsch, Gelband & Stone, P.A. respectfully
requests an Order compelling production of any and all agreement(s) between Mazie,
Slater, Katz and Freeman, LLC and plaintiffs regarding payment for attorneys’ fees,
including any and all Retainer Agreement(s), email(s), and/or other writing(s) pertaining
to fee arrangement(s), from the moment Mazie, Slater, Katz and Freeman, LLC was
retained until the moment any application for attorneys’ fee is requested.
| hereby certify that the foregoing statements made by me are true. | am aware
that if any of the foregoing statements made by me are willfully false, | am subject to
punishment.
KIRSCH, GELBAND & STONE, P.A.
GREGG. ONE, ESQ
DATED: August 26, 2019
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CERTIFICATION OF MAILING
| hereby certify that the original of the within Motion to the Motions Clerk of
Essex County, 465 Dr. Martin Luther King, Jr. Blvd., Room 237, Newark, New
Jersey 07102 and a copy to all counsel of record as follows:
David A. Mazie, Esq.
Mazie Slater Katz & Freeman, LLC
103 Eisenhower Parkway, 2" Floor
Roseland, NJ 07068
Robert M. Hanlon, Jr., Esq.
Goldberg Segalla
301 Carnegie Center Drive, Suite 200
Princeton, NJ 08540
Alfredo J. Alvarado, Esq.
Lester, Schwab
500 Frank W. Burr Blvd.
5t Fl, — Suite 31
Teaneck, New Jersey 07666
Robert L. Sanchez, Esq.
PSE&G Services Corp.
80 Park Plaza — T2D
Newark, New Jersey 07102
KIRSCH, GELBAND & STONE, P.A.
BY: crcl TONE, ESQ.
DATE: August 26, 2019
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EXHIBIT D
FESX-L-003110-20 07/27/2020 4:37:57 PM P g 27 of 43 Trans ID: LCV20201301706
TDA L UU4/ 38-1 tu/uzizU19 FQ 10 Trans IU: LUV ZU 19 1/9900
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
ESSEX VICINAGE, LAW DIVISION
CIVIL PART
DOCKET NO, ESX-L-4738-17
PETER H. MEISTER, legal guardian for
MARIA MOSER MEISTER, &
PETER H. MEISTER, individually
ew I,
ye
Plaintiff(s),
A 0c T 2 019
v
VERIZON NEW JERSEY INC.; PSEG gy,
SERVICES CORPORATION, NEPTUNE
HOLDING US CORP. d/b/a ALTICE USA
NJ TRANSIT CORPORATION; JOHN DOE
(a fictitious name); MANNY MOE (a fictitious
name); and/or DEF CORPORATION
(a fictitious corporation)
Defendant(s).
—
David Mazie for plaintiffs (Mazie Slater Katz & Freeman, LLC)
Gregg Stone formerly counsel for plaintiffs (Kirsch Gelband & Stone, P.A.)
Alfredo Alvarado for defendant Neptune Holding US Corp. d/b/a Altice USA (Lester Schwab Katz &
Dwyer, LLP)
Thomas Crino & Robert Hanlon for defendant Verizon New Jersey Inc. (Goldberg Segaila LLP)
Robert Sanchez for defendant PSEG Services Corporation (Counsel for PSEG Services Corporation)
PETRILLO, J.S.C.
BACKGROUND
This matter comes before the court by way of a motion to be relieved as counsel for
plaintiffs, Peter Meister and Maria Moser Meister’, (collectively “plaintiffs” hereinafter) filed by
Peter Meister is the spouse of Maria, per quod plaintiff, and Maria’s guardian,
FESX-L-003110-20 07/27/2020 4:37:57 PM. Pg 28 of 43 Trans ID: LCV 06
EDA L US S8- 1s wiudZZulys POZ OTIS irans 1D LUV ZU Ty Li yoour
Mr. Gregg Stone of Kirsch, Gelband & Stone, P.A. (hereinafter “Stone”). Further, Stone seeks
reimbursement of attorneys’ fees once plaintiffs receive an award in connection with this maiter.
This motion is opposed in its entirety by plaintiffs’ substitute counsel, Mr. David Mazie of Mazie
Slater Katz & Freeman, LLC. (hereinafter “Mazie”).
The lawsuit from which this dispute arises involves the catastrophic and tragic injury of an
attorney, a wife, and a mother, who, through no fault of her own, and simply by being in the wrong
place at the wrong time, was in an instant moment rendered a triplegic. The issue presented to the
court in this motion, however, has absolutely nothing to do with her or those who might be liable
for her suffering. Instead, this motion requires the court to address the issue of which of her
attormeys should be allowed to argue in support of the fee to be awarded, if and when a fee is
earned. Should it be her current attorney, Mazie, who has arrived late to the litigation, supposedly
after nearly all the meaningful effort has been expended? Or should it be her predecessor counsel,
Stone, who argues that only he is sufficiently able to address the issue of attorney compensation?
This unfortunate fee dispute, coming. as it does in the midst of seemingly final negotiations
of a settlement, should resolve, with certainty, any lingering doubt that the practice of law, that
storied profession of Marshall and Jefferson and Lincoln, is really now just another capitalist
entexprise.
The court should not be misunderstood on this point. The practice of law is not a hobby.
Hard working and industrious counsel who take risks to advance a client’s case and to maximize
aclient’s recovery should be rewarded; but for contingent fee retainer agreements and contingent
fee litigation, countless injured and aggrieved men and women of meager or modest means would
have no way of affording legal representation. These men and women would undoubtedly, at
times, fall victim to scheming tortfeasors, thus leaving them with little in the way of adequate
FESX-L-003110-20
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07/27/2020 4:37:57 PM
1U/UZIZUIS FQGIO
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43 Trans ID: LCV20201301706
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Preview
ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 1 of2 Trans ID: LCV20201301706 Peter J. Frazza, Esq. Attorney ID: 022501981 GIBBONS P.C. One Gateway Center Newark, New Jersey 07102-5310 (973) 596-4500 Attorneys for Non-Party/Movant, Peter H. Meister SUPERIOR COURT OF NEW JERSEY KIRSH, GELBAND & STONE, P.A., ESSEX COUNTY: LAW DIVISION DOCKET NO. ESX-L-3110-20 Plaintiff, Civil Action Vv. DAVID A MAZIE and MAZIE SLATER KATZ & FREEMAN, LLC, NOTICE OF MOTION TO QUASH THE SUBPOENA ISSUED TO PETER H. Defendant. MEISTER AND FOR A PROTECTIVE ORDER TO Bruce H. Nagel, Esq. Nagel Rice, LLP 103 Eisenhower Parkway, Suite 103 Roseland, New Jersey 07068 Thomas P. Scrivo, Esq. O’Toole Scrivo, LLC 14 Village Park Road Cedar Grove, NJ 07009 David A. Mazie, Esq. Mazie Slater Katz & Freeman, LLC 103 Eisenhower Parkway, 2"4 Floor Roseland, New Jersey 07068 COUNSEL: PLEASE TAKE NOTICE that on August 21, 2020, at 9:00 a.m. or as soon thereafter as counsel may be heard, the undersigned, on behalf of non-party Peter H. Meister shall move before the Superior Court of New Jersey, Essex County, Law Division, Historic Courthouse, 470 Martin Luther King Jr. Blvd., Newark, New Jersey 07102, for the entry of an Order for the entry ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 2 of2 Trans ID: LCV20201301706 of an Order pursuant to R. 1:9-2 and R. 4:10-3 quashing the Subpoena Duces Tecum and Ad Testificandum issued to Peter H. Meister in its entirety and issuing a Protective Order providing that discovery not be had. PLEASE TAKE FURTHER NOTICE that in support of the within motion, Peter H. Mesiter shall rely upon the accompanying Brief and the Certification of Peter J. Frazza, Esq. with accompanying exhibits. PLEASE TAKE FURTHER NOTICE that a proposed form of Order pursuant to Rule 1:6-2(e) is submitted herewith. PLEASE TAKE FURTHER NOTICE that oral argument is requested. GIBBONS P.C. Attorneys for Non-Party/Movant Peter H. Meister By:/s/ Peter J. Frazza PETER J. FRAZZA Dated: July 27, 2020 ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 1 of2 Trans ID: LCV20201301706 Peter J. Frazza, Esq. Attorney ID: 022501981 GIBBONS P.C. One Gateway Center Newark, New Jersey 07102-5310 (973) 596-4500 Attorneys for Non-Party/Movant, Peter H. Meister SUPERIOR COURT OF NEW JERSEY KIRSH, GELBAND & STONE, P.A., ESSEX COUNTY: LAW DIVISION DOCKET NO. ESX-L-3110-20 Plaintiff, Civil Action Vv, DAVID A MAZIE and MAZIE SLATER KATZ & FREEMAN, LLC, [PROPOSED] ORDER GRANTING PETER H. MEISTER’S MOTION TO Defendant. QUAH SUBPOENA AND FOR A PROTECTIVE ORDER THIS MATTER having opened to the Court by way of motion filed by Gibbons P.C., (“Gibbons”), counsel for non-party/movant Peter H. Meister (“Meister”) for the entry of an Order quashing the Subpoena Duces Tecum and Ad Testificandum issued to Meister (the “Subpoena”) and for the entry of a Protective Order pursuant to R. 1:9-2 and R. 4-10-3; and the Court having considered the papers submitted in support of and in opposition to the motion; and having heard oral argument of counsel; and for good cause shown; IT IS on this day of » ORDERED that: 1 Meister’s motion be and hereby is granted. 2. The Subpoena shall be and hereby is quashed in its entirety and compliance with the Subpoena shall not be required by Meister. 3. A Protective Order be and hereby is entered against Plaintiff and its counsel providing that discovery not be had with respect to the Subpoena. ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 2 of2 Trans ID: LCV20201301706 4. Gibbons shall serve a copy of this Order on all counsel within three (3) days from receipt of this Order. Hon. JISC. Opposed. Unopposed ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 1 of 43 Trans ID: LCV20201301706 Peter J. Frazza, Esq. Attorney ID: 022501981 GIBBONS P.C. One Gateway Center Newark, New Jersey 07102-5310 (973) 596-4500 Attorneys for Plaintiff SUPERIOR COURT OF NEW JERSEY KIRSH, GELBAND & STONE, P.A., ESSEX COUNTY: LAW DIVISION DOCKET NO. ESX-L-3110-20 Plaintiff, Civil Action Vv. DAVID A MAZIE and MAZIE SLATER KATZ & FREEMAN, LLC, CERTIFICATION OF PETER J. FRAZZA, ESQ. Defendant. I, Peter J. Frazza, of full age, hereby certifies as follows: 1 lam an attorney-at-law of the State of New Jersey, and a member of the law firm of Gibbons P.C, attorneys for non-party/movant Peter H. Meister (“Meister”). As such, I have personal knowledge of the facts set forth herein. 2 Attached hereto as Exhibit A is a true and correct copy of the February 2, 2017 letter from KGS to Philip Rosenbach. 3 Attached hereto as Exhibit B is a true and correct copy of KGS’s motion to withdraw as counsel filed on August 6, 2019. 4. Attached hereto as Exhibit C is a true and correct copy of KGS’s motion seeking an order to produce filed on August 26, 2019. 5 Attached hereto as Exhibit D is a true and correct copy of the Opinion of Judge Petrillo dated October 2, 2019. ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 2 of 43 Trans ID: LCV20201301706 6. Attached hereto as Exhibit E is a true and correct copy of excerpts from the transcript of the hearing before Judge Petrillo on May 4, 2020. 7 Attached hereto as Exhibit F is a true and correct copy of Complaint in the within matter filed May 6, 2020. 8 Attached hereto as Exhibit G is a true and correct copy of Mazie Slater Katz & Freeman’s (“Mazie’”’) brief in support of its motion to dismiss filed on June 24, 2020. 9 Attached hereto as Exhibit H is a true and correct copy of the Subpoena served on Mr. Meister on June 25, 2020. 10. Attached hereto as Exhibit I is a true and correct copy of the letter sent by Mr. Nagel to Mr. Meister on July 13, 2020. 11. Attached hereto as Exhibit J is a true and correct copy of a letter from Mr. Schechter to Messrs. Nagel and Scrivo dated June 12, 2020. 12. Attached hereto as Exhibit K is a true and correct copy of the unreported decision in Lane Constr. Co. v. Munday, 2020 Super. N.J. Unpub. LEXIS 443 (App. Div. Jan. 13, 2020). 13. Attached hereto as Exhibit L is a true and correct copy of the unreported decision in Harvey v. Nissan North Am., Inc., 2005 WL 1010501 (N.J. Ch. Apr. 5, 2005). 14. Attached hereto as Exhibit M is a true and correct copy of the unreported decision in Furst v. Lucent, Inc., 2010 N.J. Super. Unpub. LEXIS 325 (App. Div. February 22, 2010). 15. Attached hereto as Exhibit N is a true and correct copy of the unreported decision in Township of Freehold v. CentraState Med. Ctr., Inc., 2020 N.J. Tax. Unpub. LEXIS 22 (Tax June 29, 2020). ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 3 of 43 Trans ID: LCV20201301706 16. Attached hereto as Exhibit O is a true and correct copy of the unreported decision in Atl. Research Corp. v. Robertson, Freilich, Bruno & Cohen, LLC, 2013 N.J. Super. Unpub. LEXIS 3081 (Law Div. March 12, 2013). I certify that the foregoing statements made by me are true. | am aware that if any of the foregoing statements are willfully false, I am subject to punishment. /s/ Peter J. Frazza PETER J. FRAZZA Dated: July 27, 2020 ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 4 of 43 Trans ID: LCV20201301706 EXHIBIT A ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 5 of 43 Trans ID LCV20201301706 V Law Offices KIRSCH, GELBAND & STONE A Professional Association 17 Academy Street - Suite 707 Newark, NJ 07102 (973) 623-0100 Fax: (973) 623-6901 Website: TellmeAboutYourCase.com GREGG ALAN STONE * CERTIFIED BY THE SUPREME COURT OF NEW JERSEY AS A CERTIFIED CIVIL TRIAL ATTOR * CERTIFIED BY THE NATIONAL BOARD OF TRIAL ADVOCACY AS A CIVIL TRIAL SPECIALIST NED KIRSCH + CERTIFIED BY THE NATIONAL BOARD. FOUNDING PARTNER, OF CIVIL PRETRIAL PRACTICE ADVOCACY (1955-2004) DAVID GELBAND. “ CERTIFIED BY THE SUPREME COURT OF NEW JERSEY AS A CIVIL TRIAL ATTORNEY sb ADMITTED IN NY JAY H. BERNSTEIN “ CERTIFIED BY THE SUPREME COURT OF NEW JERSEY ‘AS A WORKERS’ COMPENSATION LAW ATTORNEY. ‘ ADMITTED IN PA CT WASH DC February 2, 2017 RE CR PHILIP ROSENBACH, ESQ. "07 2017 BRMAN, ROSENBACH 10 Madison Avenue P.O. Box 1916 eta Pe Morristown, NJ 07962-1916 Re: MARIA MOSER MEISTER DIA: 41/23/17 Dear > h\ ch: Thank you for referring the above matter to our office. It is mutually agreed that the referring attorney may not participate in the referred matter. However, the referring attorney shall be advised on an agreed-upon basis of the status of the referred matter. At the successful conclusion of the matter, we will forward you a 1/3-referral fee. Best regards. Very truly yours, Kirsch, Gelband & Stone anh Vou GAS:nr {| | ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 6 of 43 Trans ID: LCV20201301706 EXHIBIT B ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 7 of 43 Trans ID: LCV20201301706 ESX-L-004738-17 08/06/2019 10:12:41 AM Pg 1 of 2 Trans ID: LCV20191377164 GREGG ALAN STONE, ESQ ID#: 000221987 KIRSCH, GELBAND & STONE 17 ACADEMY STREET - SUITE 707 NEWARK, NEW JERSEY 07102 Attorney for Plaintiff(s) (973) 623-0100 serra tneenenemnn eens i ia PETER H. MEISTER, legal guardian for SUPERIOR COURT OF NEW JERSEY MARIA MOSER MEISTER and PETER LAW DIVISION: ESSEX COUNTY MEISTER, individually, DOCKET NO. ESX-L-4738-17 Plaintiff(s), CIVIL ACTION VS. VERIZON NEW JERSEY, INC.; PSEG NOTICE OF MOTION SERVICES CORPORATION; NEPTUNE TO RELIEVE KIRSCH, GELBAND & HOLDING US CORP. d/b/a ALTICE USA; NJ STONE, P.A. AS ATTORNEY FOR TRANSIT CORPORATION; JOHN DOE (a PLAINTIFFS; AND PROTECT ITS CLAIM fictitious name); ABC CORPORATION (a ) FOR ATTORNEYS’ FEES AND fictitious corporation); MANNY MOE (a ADVANCED COSTS fictitious name); and/or DEF CORPORATION ) (a fictitious corporation), ) (Returnable Friday, 8/30/19) Defendant(s) si To Peter Meister (Via certified mail and email) (Home address withheld) Robert M. Hanlon, Jr., Esq. Goldberg Segalla 301 Carnegie Center Drive — Suite 200 Princeton, New Jersey 08540 Alfredo J. Alvarado, Esq. Lester, Schwab 500 Frank W. Burr Blvd. 5°" Fl. — Suite 31 Teaneck, New Jersey 07666 ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 8 of 43 Trans ID: LCV20201301706 ESX-L-004738-17 08/06/2019 10:12:41 AM Pg 2 of 2 Trans ID: LCV20191377164 Robert L. Sanchez, Esq. PSE&G Services Corp. 80 Park Plaza -T2D Newark, New Jersey 07102 PLEASE TAKE NOTICE that the undersigned will apply to the above named Court a the Essex County Superior Court, 465 Dr. Martin Luther King Jr., Blvd, Newark, New Jersey on Friday, August 30, 2019 at 9:00 A.M. o'clock, or as soon thereafter as counsel may be heard, for an Order to relieve Kirsch, Gelband & Stone, P.A. as attorneys for plaintiff and protect its claim for attorneys’ fees and advanced costs. Plaintiff's shall rely upon the annexed Certification of Counsel and Rules of Court i support of the within motion. | hereby certify that the original of this Motion is being filed with the Motions Clerk o Essex County Superior Court and that service has been made upon all counsel of record and plaintiff(s). PRE-TRIAL CONFERENCE: NONE CALENDAR CALL: NONE TRIAL DATE: January 27, 2020 Pursuant to R.1:6-2, the undersigned: ( x ) waives oral argument and consents to disposition on the papers. ( x ) request oral argument if motion is contested. ( ) request oral argument. A proposed form of Order is annexed. KIRSCH, GELBAND & STONE, P.A. BY: GREG STONE, ESQ DATED: August 6, 2019 ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 9 of 43 Trans ID: LCV20201301706 ESX-L-004738-17 08/06/2019 10:12:41 AM Pg 1 of 2 Trans ID: LCV20191377164 GREGG ALAN STONE, ESQ. ID#: 000221987 KIRSCH, GELBAND & STONE 17 ACADEMY STREET - SUITE 707 NEWARK, NEW JERSEY 07102 Attorney for Plaintiff(s) (973) 623-0100 acerca ni ttn PETER H. MEISTER, legal guardian for ) SUPERIOR COURT OF NEW JERSEY MARIA MOSER MEISTER and PETER ) LAW DIVISION: ESSEX COUNTY MEISTER, individually, ) DOCKET NO. ESX-L-4738-17 Plaintifi(s), ) Vs. ) ) VERIZON NEW JERSEY, INC.; PSEG ) CIVIL ACTION SERVICES CORPORATION; NEPTUNE ) HOLDING US CORP. d/b/a ALTICE USA; NJ ) TRANSIT CORPORATION; JOHN DOE (a ) fictitious name); ABC CORPORATION (a ) ORDER fictitious corporation); MANNY MOE (a fictitious name); and/or DEF CORPORATION (a fictitious corporation), Defendant(s) THIS MATTER having been opened to the Court on Friday, August 30, 2019 by Kirsch, Gelband & Stone, Esq., (Gregg Alan Stone, Esq.), for an Order to relieve Kirsch, Gelband & Stone, P.A. as attorneys for plaintiff and protect its claim for attorneys’ fees and advanced costs); the Court having reviewed the moving papers and for good cause shown; IT IS on this day of 2019, ORDERED as follows: ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 10 of 43 Trans ID: LCV20201301706 ESX-L-004738-17 08/06/2019 10:12:41 AM Pg 2 of 2 Trans ID: LCV20191377164 a. Kirsch, Gelband and Stone, P.A. shall be advised in advance of any application/hearing to approve any settlement in the matter on behalf of Maria Meister; At that time, Kirsch, Gelband and Stone, P.A. shall be permitted to apply for its attorneys’ fee based on its Retainer Agreement and the Rules of Court; That all costs advanced by Kirsch, Gelband and Stone, P.A. shall be immediately reimbursed out of any settlement monies received from the PSE&G settlement, immediately from Peter Meister’s superseding attorney, or immediately from Peter Meister, individually; and d. That Kirsch, Gelband and Stone, P.A. shall be relieved as counsel in the within matter; and it is further ORDERED that a copy of this Order be served upon plaintiff Peter Meister by regular mail and certified mail return receipt requested within days of the date hereof. ORDERED that a copy of this Order be served upon all counsel of record within days of the date hereof. J.S.C. OPPOSED UNOPPOSED ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 11 of 43 Trans ID: LCV20201301706 ESX-L-004738-17 08/06/2019 10:12:41 AM Pg 1 of4 Trans ID: LCV20191377164 GREGG ALAN STONE, ESQ. ID#: 000221987 KIRSCH, GELBAND & STONE 17 ACADEMY STREET - SUITE 707 NEWARK, NEW JERSEY 07102 Attorney for Plaintiff(s) (973) 623-0100 Sosa esate stan here precenemtenemee PETER H. MEISTER, legal guardian for SUPERIOR COURT OF NEW JERSEY MARIA MOSER MEISTER and PETER LAW DIVISION: ESSEX COUNTY MEISTER, individually, DOCKET NO.: ESX-L-4738-17 Plaintiff(s), VS. CIVIL ACTION VERIZON NEW JERSEY, INC.; PSEG SERVICES CORPORATION; NEPTUNE CERTIFICATION OF COUNSEL HOLDING US CORP. d/b/a ALTICE USA; NJ TRANSIT CORPORATION; JOHN DOE (a fictitious name); ABC CORPORATION (a fictitious corporation); MANNY MOE (a fictitious name); and/or DEF CORPORATION (a fictitious corporation), Defendant(s) I], GREGG ALAN STONE, ESQ., hereby certify as follows: 1 lam an attorney at law of the State of New Jersey and a member of the law firm of Kirsch, Gelband & Stone, P.A. attorney for plaintiffs in the above-captioned matter. Plaintiff Peter H. Meister has been appointed by the Surrogate of Hudson County as the legal guardian of plaintiff Maria Moser Meister, due to cognitive injuries. 2 This liability action arises out of catastrophic injuries sustained by plaintiff Maria Moser Meister on January 23, 2017, after a severely rotted and deteriorated wood utility pole snapped at its base and struck Maria on her head and body, as she was ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 12 of 43 Trans ID: LCV20201301706 ESX-L-004738-17 08/06/2019 10:12:41 AM Pg 2 of 4 Trans ID: LCV20191377164 walking to the bus stop to go to work on JFK Boulevard in North Bergen, New Jersey. The pole was owned by defendant Verizon New Jersey, Inc. Up until 1999, the pole was jointly owned between defendant Verizon New Jersey, Inc. and defendant PSE&G. After 1999, Verizon New Jersey, Inc. became the pole’s sole owner. 3 A punitive damage claim was asserted against defendant Verizon New Jersey, Inc., and is the critical issue in the case, along with plaintiff Maria Moser Meister’s compensatory damages. As a result of substantial discovery, defendant Verizon New Jersey, Inc. seeks to stipulate liability on the compensatory claim. 4 It must be brought to the Court's attention that the undersigned has diligently and exhaustively litigated this matter for over 2.5 years. 5, Most recently, 2 separate mediations have occurred before the Hon. Dennis F. Carey, Ill., P.J.Cv.(ret). One on June 4, 2019 and the other on June 24, 2019. 6 While neither mediation was successful, due to several issues regarding numerous layers of insurance coverage, the parties continue to privately negotiate, with Judge Carey being apprised of the status of negotiations. 7 Presently, defendant Verizon New Jersey, Inc. has offered a significant amount of money to settle this case. 8 The parties continue negotiations. 9 Within several days following the June 4, 2019 mediation, the lawyer-client relationship between the undersigned and Peter Meister progressively deteriorated and became irreversibly strained. Without going into specifics, Peter Meister has incessantly used ultimatums and non-physical threats against the undersigned and his firm. ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 13 of 43 Trans ID: LCV20201301706 ESX-L-004738-17 08/06/2019 10:12:41 AM Pg 3 of4 Trans ID: LCV20191377164 10. Apart from the settlement with Verizon New Jersey, Inc., defendant PSE&G has offered to settle its portion of the case. 11. On June 24, 2019, Peter Meister provided written authorization to Kirsch, Gelband and Stone, P.A. authorizing the settlement with PSE&G. 12. Notwithstanding, Peter Meister refuses to execute the PSE&G Release. 13. Given the complete and utter breakdown in the lawyer-client relationship between the undersigned and Peter Meister, Kirsch, Gelband & Stone, P.A. has no alternative but to seek to be relieved as counsel in this matter. 14. Kirsch, Gelband & Stone, P.A. asserts a lien for its attorneys’ fee based upon its Retainer Agreement and Rules of Court. Kirsch, Gelband & Stone also asserts a lien for all costs it advanced in this matter, which presently total $84,241.13. These liens are asserted against any monies received in this matter. 15. As of the close of business yesterday, August 5, 2019, Peter Meister has been advised to obtain new legal counsel. 16. The matter is presently under case management and a trial date has been set for January 27, 2020 before the Hon. Jeffrey B. Beacham, J.S.C. 17. Based on the foregoing, Kirsch, Gelband and Stone, P.A. requests the following: a Kirsch, Gelband and Stone, P.A. shall be advised in advance of any application/hearing to approve any settlement in the matter on behalf of Maria Meister; ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 14 of 43 Trans ID: LCV20201301706 ESX-L-004738-17 08/06/2019 10:12:41 AM Pg 4 of 4 Trans ID: LCV20191377164 b. Atthat time, Kirsch, Gelband and Stone, P.A. shall be permitted to apply for its attorneys’ fee based on its Retainer Agreement and the Rules of Court; That all costs advanced by Kirsch, Gelband and Stone, P.A. shall be immediately reimbursed out of any settlement monies received from the PSE&G settlement, immediately from Peter Meister’s superseding attorney, or immediately from Peter Meister, individually; and That Kirsch, Gelband and Stone, P.A. shall be relieved as counsel in the within matter. | certify that the foregoing statements made by me are true. | further certify that if any of the foregoing statements made by me are false, | am subject to punishment. KIRSCH, GELBAND & STONE Y /p BY: GRE, N STONE, ESQ DATED: August 6, 2019 ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 15 of 43 Trans ID: LCV20201301706 ESX-L-004738-17 08/06/2019 10:12:41 AM Pg 1 of1 Trans ID: LCV20191377164 CERTIFICATION OF MAILING | certify that the original and copy of the within Notice of Motion has been forwarded to the Motions Clerk at the Essex County Superior Court, 465 Dr. Martin Luther King, Jr., Blvd., Newark, New Jersey 07102 and a copy served upon all counsel as follows: Peter Meister (Via certified mail and email) (Home address withheld) Robert M. Hanlon, Jr., Esq. Goldberg Segalla 301 Carnegie Center Drive — Suite 200 Princeton, New Jersey 08540 Alfredo J. Alvarado, Esq. Lester, Schwab 500 Frank W. Burr Blvd. 5t Fl. — Suite 34 Teaneck, New Jersey 07666 Robert L. Sanchez, Esq. PSE&G Services Corp. 80 Park Plaza — T2D Newark, New Jersey 07102 KIRSCH, he, “STONE, P.A. BY: GREG STONE, ESQ. DATED: August 6, 2019 ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 16 of 43 Trans ID: LCV20201301706 EXHIBIT C ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 17 of 43 Trans ID: LCV20201301706 GREGG ALAN STONE, ESQ. ID#: 000221987 KIRSCH, GELBAND & STONE 17 ACADEMY STREET - SUITE 707 NEWARK, NEW JERSEY 07102 Attorney for Plaintiffs (973) 623-0100 esc SC Ents ctnnnoneret detec PETER H. MEISTER, legal guardian for ) SUPERIOR COURT OF NEW JERSEY MARIA MOSER MEISTER, and PETER H. ) MEISTER, individually ) LAW DIVISION: ESSEX COUNTY Plaintiff(s), ) Vs. ) DOCKET NO. ESX-L-4738-17 ) VERIZON NEW JERSEY, INC.; PSEG ) SERVICES CORPORATION; NEPTUNE CIVIL ACTION HOLDING US CORP. d/b/a ALTICE USA; NJ TRANSIT CORPORATION; JOHN DOE (a fictitious name); ABC ) NOTICE OF MOTION TO COMPEL CORPORATION (a fictitious ) PRODUCTION OF DOCUMENTS corporation); MANNY MOE (a fictitious name); and/or DEF CORPORATION (a fictitious corporation), Defendant(s). ee TO Superior Court of New Jersey Essex County — Civil Division 465 Martin Luther King, Jr. Blvd. Newark, NJ 07102 David A. Mazie, Esq. Mazie Slater Katz & Freeman, LLC 103 Eisenhower Parkway, 2 Floor Roseland, NJ 07068 Robert M. Hanlon, Jr., Esq. Goldberg Segalla 301 Carnegie Center Drive, Suite 200 Princeton, NJ 08540 Alfredo J. Alvarado, Esq. Lester, Schwab ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 18 of 43 Trans ID: LCV20201301706 500 Frank W. Burr Blvd. 5!" Fl. — Suite 31 Teaneck, New Jersey 07666 Robert L. Sanchez, Esq. PSE&G Services Corp. 80 Park Plaza — T2D Newark, New Jersey 07102 PLEASE TAKE NOTICE that the undersigned will apply to the above named Court at 465 Dr. Martin Luther King, Jr. Blvd., Newark, New Jersey on Friday. September 13, 2019 at 9:00 A.M. o'clock, or as soon thereafter as counsel may be heard, for an Order to Produce Documents: Plaintiffs shall rely upon the annexed Certification of Counsel and Rules of Court in support of the within motion. | hereby certify that the original of this Motion is being filed with the Motions Clerk of Essex County Superior Court and that service has been made upon all counsel of record PRE-TRIAL CONFERENCE: NONE CALENDAR CALL: TRIAL DATE: NONE Pursuant to R.1:6-2, the undersigned: ( ) waives oral argument and consents to disposition on the papers. (*5 request oral argument if motion is contested. request oral argument. A proposed form of Order is annexed. KIRSCH, GELBAND & STONE,P.A. G BY: GREGG? STONE, ESQ DATED: August 26, 2019 ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 19 of 43 Trans ID: LCV20201301706 GREGG ALAN STONE, ESQ. ID#: 000221987 KIRSCH, GELBAND & STONE 17 ACADEMY STREET - SUITE 707 NEWARK, NEW JERSEY 07102 Attorney for Plaintiffs (973) 623-0100 mentee neem nneneneneneneenene ne nen enn nenenen nen PETER H. MEISTER, legal guardian for ) SUPERIOR COURT OF NEW JERSEY MARIA MOSER MEISTER, and PETER H. ) MEISTER, individually ) LAW DIVISION: ESSEX COUNTY Plaintiff(s), ) ) DOCKET NO. ESX-L-4738-17 Vs. ) VERIZON NEW JERSEY, INC.; PSEG ) SERVICES CORPORATION; NEPTUNE ) CIVIL ACTION HOLDING US CORP. d/b/a ALTICE USA; NJ TRANSIT CORPORATION; JOHN DOE (a fictitious name); ABC ORDER CORPORATION (a fictitious corporation); MANNY MOE (a fictitious ) name); and/or DEF CORPORATION (a fictitious corporation), Defendant(s). This matter having been brought before the Court on the Motion of GREGG ALAN STONE, ESQ., of the law firm of Kirsch, Gelband & Stone, P.A, attorneys for plaintiffs, Maria Meister, by her legal guardian, Peter Meister, and Peter Meister, individually, (pending Motion to be Relieved) for an Order compelling Mazie, Slater, Katz and Freeman, LLC, produce any and all agreement(s) between Mazie, Slater, Katz and Freeman, LLC and plaintiffs regarding payment for attorneys’ fees, including any and all Retainer Agreement(s), email(s), and/or other writing(s) pertaining to fee arrangement(s), from the moment Mazie, Slater, Katz and Freeman, LLC was retained ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 20 of 43 Trans ID: LCV20201301706 until the moment any application for attorneys’ fee is requested, that for good cause shown; IT IS ON THIS DAY OF 2019; ORDERED that Mazie, Slater, Katz, and Freeman, LLC produce any and all agreement(s) between Mazie, Slater, Katz and Freeman, LLC and plaintiffs regarding payment for attorneys’ fees, including any and all Retainer Agreement(s), email(s), and/or other writing(s) pertaining to fee arrangement(s), from the moment Mazie, Slater, Katz and Freeman, LLC was retained until the moment any application for attorneys’ fee is requested, within 10 days of the signing of this Order; and on an ongoing basis should any fee arrangement change between Mazie, Slater, Katz and Freeman, LLC and plaintiffs; and it is further ORDERED that a copy of this Order shall be served upon all counsel in this action within days of the date hereof. ,J.S.C. Opposed Unopposed ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 21 of 43 Trans ID: LCV20201301706 GREGG ALAN STONE, ESQ. ID#: 000221987 KIRSCH, GELBAND & STONE 17 ACADEMY STREET - SUITE 707 NEWARK, NEW JERSEY 07102 Attorney for Plaintiffs (973) 623-0100 Serena water ne nie nae meeiceinaaeiieiniatenc titer PETER H. MEISTER, legal guardian for ) SUPERIOR COURT OF NEW JERSEY MARIA MOSER MEISTER, and PETER ) H. MEISTER, individually ) LAW DIVISION: ESSEX COUNTY Plaintiff(s), DOCKET NO. ESX-L-4738-17 Vs. VERIZON NEW JERSEY, INC.; PSEG CIVIL ACTION SERVICES CORPORATION; NEPTUNE HOLDING US CORP. d/b/a ALTICE USA; NJ TRANSIT CORPORATION; ) CERTIFICATION OF COUNSEL JOHN DOE (a fictitious name); ABC ) CORPORATION (a fictitious ) corporation); MANNY MOE (a fictitious ) name); and/or DEF CORPORATION (a ) fictitious corporation), ) Defendant(s). |, Gregg Alan Stone, Esq., hereby certifies as follows: 1 | am an attorney at-law of the State of New Jersey and a member of the law firm of Kirsch, Gelband & Stone, P.A. This office represents plaintiffs Maria Meister , by her legal guardian, Peter Meister, and Peter Meister, individually (pending present Motion to be Relieved as Counsel). | am fully familiar with the facts of this case. ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 22 of 43 Trans ID: LCV20201301706 2 This matter arises out of a tragic incident in which a severely rotted and deteriorated wood utility pole snapped at its base and struck plaintiff Maria Meister on her head on January 23, 2017 as she was walking to work to the bus stop on JFK Boulevard in North Bergen, New Jersey. As a result of the accident, plaintiff Maria Meister is a triplegic and suffered a severe traumatic brain injury. 3 On August 6, 2019, Kirsch, Gelband and Stone, P.A. filed a Motion to Withdraw as Counsel from the case, due to a complete breakdown in the attorney-client relationship. Kirsch, Gelband and Stone, P.A. was pummeled with non-physical threats and ultimatums by Peter Meister, plaintiffs guardian. 4 On August 12, 2019, the law firm of Mazie, Slater, Katz and Freeman, LLC filed an appearance on behalf of plaintiffs. 5 By way of telephone conversation, David Mazie, Esq. agreed to sign a consent Order regarding the withdrawal of Kirsch, Gelband & Stone, P.A., amongst other provisions. 6 Provision “C” in the submitted Consent Order states “[t]hat Kirsch, Gelband, and Stone, P.A. shall be permitted to apply, appear, and participate before the Court at the time any settlement is approved, and attorneys’ fee is awarded, to protect its attorneys’ fee.” 7 Mr. Mazie refuses to consent to Provision “C”. On August 14, 2019, Kirsch, Gelband & Stone P.A. filed a proposed corrected order with the Court, which includes Provision “C” 8 On August 15, 2019, Mr. Mazie again voiced his disagreement with Provision “C”, arguing that the Retainer Agreement between Mazie, Slater, Katz, and ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 23 of 43 Trans ID: LCV20201301706 Freeman, LLC and plaintiffs is the only valid retainer, and that Kirsch, Gelband, and Stone, P.A. may not participate in any fee application. 9 Based upon Mr. Mazie’s position, Kirsch, Gelband & Stone, P.A. requests production of any and all agreement(s) between Mazie, Slater, Katz and Freeman, LLC and plaintiffs regarding payment for attorneys’ fees, including and all Retainer Agreement(s), email(s), and/or other writing(s) pertaining to fee arrangement(s), from the moment Mazie, Slater, Katz and Freeman, LLC was retained until the moment any application for attorneys’ fee is requested. 10. The Retention Agreement between plaintiffs and Mazie, Slater, Katz and Freeman, LLC is not privileged. The authority is unanimous for the proposition that “in the absence of unusual circumstances, the fact of a retainer, the identity of the client, the conditions of employment and the amount of the fee do not come within the privilege of the attorney-client relationship.” In re Semel, 411 F.2d 195, 197 (3d. Cir.1969); see also NLRB v. Harvey, 349 F.2d 900, 904—05 (4th Cir.1965); United States v. Pape, 144 F.2d 778, 782-783 (2 Cir.1944); Wirtz v. Fowlez,372 F.2d 315, 332-333 (5th Cir.1966); In re Wasserman, 198 F.Supp. 564 (D.C.Cir.1961). 11. Consistent with case law, any legal advice contained in the agreement(s) may be redacted at the Court’s discretion. 12. Kirsch, Gelband and Stone, P.A. is similarly willing to produce any and all all agreement(s), pursuant to Court Order, between Kirsch, Gelband and Stone P.A. and plaintiffs regarding payment for attorneys’ fees, including all Retainer Agreement(s), email(s), and/or other writing(s) pertaining to fee arrangement(s) between Kirsch, Gelband, and Stone, P.A, and plaintiffs to Mazie, Slater, Katz and Freeman, LLC. ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 24 of 43 Trans ID: LCV20201301706 13. By deciding the instant Motion, the importance of Provision “C” in the provided corrected Order dated August 14, 2019 will become readily apparent. 14. Based upon the above, Kirsch, Gelband & Stone, P.A. respectfully requests an Order compelling production of any and all agreement(s) between Mazie, Slater, Katz and Freeman, LLC and plaintiffs regarding payment for attorneys’ fees, including any and all Retainer Agreement(s), email(s), and/or other writing(s) pertaining to fee arrangement(s), from the moment Mazie, Slater, Katz and Freeman, LLC was retained until the moment any application for attorneys’ fee is requested. | hereby certify that the foregoing statements made by me are true. | am aware that if any of the foregoing statements made by me are willfully false, | am subject to punishment. KIRSCH, GELBAND & STONE, P.A. GREGG. ONE, ESQ DATED: August 26, 2019 ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 25 of 43 Trans ID: LCV20201301706 CERTIFICATION OF MAILING | hereby certify that the original of the within Motion to the Motions Clerk of Essex County, 465 Dr. Martin Luther King, Jr. Blvd., Room 237, Newark, New Jersey 07102 and a copy to all counsel of record as follows: David A. Mazie, Esq. Mazie Slater Katz & Freeman, LLC 103 Eisenhower Parkway, 2" Floor Roseland, NJ 07068 Robert M. Hanlon, Jr., Esq. Goldberg Segalla 301 Carnegie Center Drive, Suite 200 Princeton, NJ 08540 Alfredo J. Alvarado, Esq. Lester, Schwab 500 Frank W. Burr Blvd. 5t Fl, — Suite 31 Teaneck, New Jersey 07666 Robert L. Sanchez, Esq. PSE&G Services Corp. 80 Park Plaza — T2D Newark, New Jersey 07102 KIRSCH, GELBAND & STONE, P.A. BY: crcl TONE, ESQ. DATE: August 26, 2019 ESX-L-003110-20 07/27/2020 4:37:57 PM Pg 26 of 43 Trans ID: LCV20201301706 EXHIBIT D FESX-L-003110-20 07/27/2020 4:37:57 PM P g 27 of 43 Trans ID: LCV20201301706 TDA L UU4/ 38-1 tu/uzizU19 FQ 10 Trans IU: LUV ZU 19 1/9900 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY ESSEX VICINAGE, LAW DIVISION CIVIL PART DOCKET NO, ESX-L-4738-17 PETER H. MEISTER, legal guardian for MARIA MOSER MEISTER, & PETER H. MEISTER, individually ew I, ye Plaintiff(s), A 0c T 2 019 v VERIZON NEW JERSEY INC.; PSEG gy, SERVICES CORPORATION, NEPTUNE HOLDING US CORP. d/b/a ALTICE USA NJ TRANSIT CORPORATION; JOHN DOE (a fictitious name); MANNY MOE (a fictitious name); and/or DEF CORPORATION (a fictitious corporation) Defendant(s). — David Mazie for plaintiffs (Mazie Slater Katz & Freeman, LLC) Gregg Stone formerly counsel for plaintiffs (Kirsch Gelband & Stone, P.A.) Alfredo Alvarado for defendant Neptune Holding US Corp. d/b/a Altice USA (Lester Schwab Katz & Dwyer, LLP) Thomas Crino & Robert Hanlon for defendant Verizon New Jersey Inc. (Goldberg Segaila LLP) Robert Sanchez for defendant PSEG Services Corporation (Counsel for PSEG Services Corporation) PETRILLO, J.S.C. BACKGROUND This matter comes before the court by way of a motion to be relieved as counsel for plaintiffs, Peter Meister and Maria Moser Meister’, (collectively “plaintiffs” hereinafter) filed by Peter Meister is the spouse of Maria, per quod plaintiff, and Maria’s guardian, FESX-L-003110-20 07/27/2020 4:37:57 PM. Pg 28 of 43 Trans ID: LCV 06 EDA L US S8- 1s wiudZZulys POZ OTIS irans 1D LUV ZU Ty Li yoour Mr. Gregg Stone of Kirsch, Gelband & Stone, P.A. (hereinafter “Stone”). Further, Stone seeks reimbursement of attorneys’ fees once plaintiffs receive an award in connection with this maiter. This motion is opposed in its entirety by plaintiffs’ substitute counsel, Mr. David Mazie of Mazie Slater Katz & Freeman, LLC. (hereinafter “Mazie”). The lawsuit from which this dispute arises involves the catastrophic and tragic injury of an attorney, a wife, and a mother, who, through no fault of her own, and simply by being in the wrong place at the wrong time, was in an instant moment rendered a triplegic. The issue presented to the court in this motion, however, has absolutely nothing to do with her or those who might be liable for her suffering. Instead, this motion requires the court to address the issue of which of her attormeys should be allowed to argue in support of the fee to be awarded, if and when a fee is earned. Should it be her current attorney, Mazie, who has arrived late to the litigation, supposedly after nearly all the meaningful effort has been expended? Or should it be her predecessor counsel, Stone, who argues that only he is sufficiently able to address the issue of attorney compensation? This unfortunate fee dispute, coming. as it does in the midst of seemingly final negotiations of a settlement, should resolve, with certainty, any lingering doubt that the practice of law, that storied profession of Marshall and Jefferson and Lincoln, is really now just another capitalist entexprise. The court should not be misunderstood on this point. The practice of law is not a hobby. Hard working and industrious counsel who take risks to advance a client’s case and to maximize aclient’s recovery should be rewarded; but for contingent fee retainer agreements and contingent fee litigation, countless injured and aggrieved men and women of meager or modest means would have no way of affording legal representation. These men and women would undoubtedly, at times, fall victim to scheming tortfeasors, thus leaving them with little in the way of adequate FESX-L-003110-20 EDA L UU41 30-11 07/27/2020 4:37:57 PM 1U/UZIZUIS FQGIO P Yt29 of Irans 43 Trans ID: LCV20201301706 IU: LUV Zu ly tf yoour