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ESX-L-003110-20 08/20/2021 2:37:33 PM Pg 1 of 5 Trans ID: LCV20211934842
Peter J. Frazza
Director
Gibbons P.C.
One Gateway Center
Newark, NJ 07102-5310
Direct: 973-596-4405 Fax: 973-639-6299
pfrazza@gibbonslaw.com
August 20, 2021
VIA ECOURTS
Honorable Thomas R. Vena, J.S.C.
Superior Court of New Jersey
Essex County Historic Courthouse
470 Martin Luther King Jr., Blvd.
Newark, NJ 07102
Re: Kirsch, Gelband & Stone, P.A. v. David A. Mazie and Mazie Slater Katz &
Freeman, LLC
Docket No. ESX-L-3110-20
Dear Judge Vena:
As Your Honor is aware, Gibbons P.C. represents Maria and Peter Meister.
Please accept this short letter-brief in opposition to one statement contained in Mr. Nagel’s
August 19, 2021 letter-brief which was in opposition to defendants’ motion to quash the subpoena
served on Philip Rosenbach. More particularly, Mr. Nagel at p. 3 of his August 19, 2021 letter-
brief asserts “[f]urther, any claim of privilege is without merit as any applicable privilege has been
waived in the underlying Meister case.”
Mr. Nagel’s assertion that the Meisters waived any applicable attorney-client privilege in
the underlying case is not correct. More specifically, any assertion that the Meisters waived
attorney-client privileged communications with Phil Rosenbach is without any basis in law or fact.
Prior to the Gibbons firm being retained by the Meisters, Peter Meister signed one certification
dated July 14, 2020 that related to Mr. Rosenbach and that certification is attached to this letter
brief as Exhibit A. As Your Honor will see, that very short certification provided that Mr. Meister
consented to an assignment of a referral fee from Mr. Rosenbach to the Mazie Slater firm. Clearly
that certification did not and does not constitute a waiver of the attorney-client privileged
communications that the Meisters had with Mr. Rosenbach. The sanctity of the attorney-client
privilege that the Meisters have with Mr. Rosenbach is not something that should be waived just
because Mr. Nagel asserts that there has been a waiver.
If Your Honor does have oral argument with respect to defendants’ motion to quash, I will
make an appearance and ask Your Honor’s permission to be further heard on this topic.
Newark New York Trenton Philadelphia Wilmington gibbonslaw.com
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August 20, 2021
Page 2
Respectfully submitted,
/s/ Peter J. Frazza
Peter J. Frazza
PJF/ch
cc: All Counsel (via eCourts)
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EXHIBIT A
ESX-L-004738-17
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David A. Mazie, Esq. (Attorney ID No.: 017941986)
MAZIE SLATER KATZ & FREEMAN, LLC
103 Eisenhower Parkway
Roseland, New Jersey 07068
(973) 228-9898
Attorneys for Plaintiffs Peter and Maria Meister,
and Pro Se Defendants David Mazie and Mazie Slater
KIRSH, GELBAND & STONE, P.A.,
SUPERIOR COURT OF NEW JERSEY
Plaintiffs, LAW DIVISION: ESSEX COUNTY
DOCKET NO.: ESX-L-3110-20
vs.
DAVID A. MAZIE AND MAZIE
SLATER KATZ & FREEMAN, LLC, CIVIL ACTION
Defendants.
PETER H. MEISTER, legal guardian SUPERIOR COURT OF NEW JERSEY
for MARIA MOSER MEISTER, and LAW DIVISION: ESSEX COUNTY
PETER H. MEISTER, individually, DOCKET NO.: ESX-L-4738-17
Plaintiffs,
vs. CIVIL ACTION
VERIZON NEW JERSEY, INC.,
PSE&G SERVICES CORPORATION;
NEPTUNE HOLDING US CORP. CERTIFICATION OF
d/b/a ALTICE USA; NJ TRANSIT
PETER MEISTER
CORPORATION; JOHN DOE (a
Fictitious name); ABC
CORPORATION (a fictitious
Corporation); MANNY MOE (a
fictitious name); and/or DEF
CORPORATION (a fictitious
corporation),
Defendants.
Peter Meister, of full age, hereby certify as follows:
1. I am the husband of plaintiff Maria Meister and a plaintiff in the matter of
Meister v. Verizon, et al., No. ESX-L-4738-17. In that litigation, I was an individual plaintiff
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and the guardian for Maria Meister, an incapacitated person. All of the facts contained herein
are based upon my personal knowledge.
2. After Maria’s accident, I contacted Philip Rosenbach, Esq., a family friend,
and asked him to find a lawyer to represent Maria and me in a litigation against Verizon and
others. Mr. Rosenbach ultimately recommended that we hire Gregg Stone of Kirsch Gelband
and Stone (“KGS”), and on February 2, 2017 I executed a Retainer Agreement with KGS.
That Retainer Agreement authorizes a referral fee to be paid to Mr. Rosenbach.
3. I am advised that Mr. Rosenbach and Mazie Slater Katz & Freeman, LLC
(“Mazie Slater”) have reached an agreement that would allow for Mr. Rosenbach to be paid
a confidential amount in exchange for him assigning to Mazie Slater his right to the referral
fee.
4. I have signed this Certification to advise the Court that my wife and I consent
to the assignment of the referral fee from Mr. Rosenbach to Mazie Slater.
I hereby 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.
___________________________
PETER MEISTER
14 2020
Dated: July __,
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ESX-L-003110-20 08/20/2021 2:37:33 PM Pg 1 of 5 Trans ID: LCV20211934842 Peter J. Frazza Director Gibbons P.C. One Gateway Center Newark, NJ 07102-5310 Direct: 973-596-4405 Fax: 973-639-6299 pfrazza@gibbonslaw.com August 20, 2021 VIA ECOURTS Honorable Thomas R. Vena, J.S.C. Superior Court of New Jersey Essex County Historic Courthouse 470 Martin Luther King Jr., Blvd. Newark, NJ 07102 Re: Kirsch, Gelband & Stone, P.A. v. David A. Mazie and Mazie Slater Katz & Freeman, LLC Docket No. ESX-L-3110-20 Dear Judge Vena: As Your Honor is aware, Gibbons P.C. represents Maria and Peter Meister. Please accept this short letter-brief in opposition to one statement contained in Mr. Nagel’s August 19, 2021 letter-brief which was in opposition to defendants’ motion to quash the subpoena served on Philip Rosenbach. More particularly, Mr. Nagel at p. 3 of his August 19, 2021 letter- brief asserts “[f]urther, any claim of privilege is without merit as any applicable privilege has been waived in the underlying Meister case.” Mr. Nagel’s assertion that the Meisters waived any applicable attorney-client privilege in the underlying case is not correct. More specifically, any assertion that the Meisters waived attorney-client privileged communications with Phil Rosenbach is without any basis in law or fact. Prior to the Gibbons firm being retained by the Meisters, Peter Meister signed one certification dated July 14, 2020 that related to Mr. Rosenbach and that certification is attached to this letter brief as Exhibit A. As Your Honor will see, that very short certification provided that Mr. Meister consented to an assignment of a referral fee from Mr. Rosenbach to the Mazie Slater firm. Clearly that certification did not and does not constitute a waiver of the attorney-client privileged communications that the Meisters had with Mr. Rosenbach. The sanctity of the attorney-client privilege that the Meisters have with Mr. Rosenbach is not something that should be waived just because Mr. Nagel asserts that there has been a waiver. If Your Honor does have oral argument with respect to defendants’ motion to quash, I will make an appearance and ask Your Honor’s permission to be further heard on this topic. Newark New York Trenton Philadelphia Wilmington gibbonslaw.com ESX-L-003110-20 08/20/2021 2:37:33 PM Pg 2 of 5 Trans ID: LCV20211934842 August 20, 2021 Page 2 Respectfully submitted, /s/ Peter J. Frazza Peter J. Frazza PJF/ch cc: All Counsel (via eCourts) ESX-L-003110-20 08/20/2021 2:37:33 PM Pg 3 of 5 Trans ID: LCV20211934842 EXHIBIT A ESX-L-004738-17 ESX-L-003110-20 07/20/2020 08/20/202110:38:55 2:37:33 PM AM Pg Pg41of of52Trans TransID: ID:LCV20211934842 LCV20201249210 David A. Mazie, Esq. (Attorney ID No.: 017941986) MAZIE SLATER KATZ & FREEMAN, LLC 103 Eisenhower Parkway Roseland, New Jersey 07068 (973) 228-9898 Attorneys for Plaintiffs Peter and Maria Meister, and Pro Se Defendants David Mazie and Mazie Slater KIRSH, GELBAND & STONE, P.A., SUPERIOR COURT OF NEW JERSEY Plaintiffs, LAW DIVISION: ESSEX COUNTY DOCKET NO.: ESX-L-3110-20 vs. DAVID A. MAZIE AND MAZIE SLATER KATZ & FREEMAN, LLC, CIVIL ACTION Defendants. PETER H. MEISTER, legal guardian SUPERIOR COURT OF NEW JERSEY for MARIA MOSER MEISTER, and LAW DIVISION: ESSEX COUNTY PETER H. MEISTER, individually, DOCKET NO.: ESX-L-4738-17 Plaintiffs, vs. CIVIL ACTION VERIZON NEW JERSEY, INC., PSE&G SERVICES CORPORATION; NEPTUNE HOLDING US CORP. CERTIFICATION OF d/b/a ALTICE USA; NJ TRANSIT PETER MEISTER CORPORATION; JOHN DOE (a Fictitious name); ABC CORPORATION (a fictitious Corporation); MANNY MOE (a fictitious name); and/or DEF CORPORATION (a fictitious corporation), Defendants. Peter Meister, of full age, hereby certify as follows: 1. I am the husband of plaintiff Maria Meister and a plaintiff in the matter of Meister v. Verizon, et al., No. ESX-L-4738-17. In that litigation, I was an individual plaintiff ESX-L-004738-17 ESX-L-003110-20 07/20/2020 08/20/202110:38:55 2:37:33 PM AM Pg Pg52of of52Trans TransID: ID:LCV20211934842 LCV20201249210 and the guardian for Maria Meister, an incapacitated person. All of the facts contained herein are based upon my personal knowledge. 2. After Maria’s accident, I contacted Philip Rosenbach, Esq., a family friend, and asked him to find a lawyer to represent Maria and me in a litigation against Verizon and others. Mr. Rosenbach ultimately recommended that we hire Gregg Stone of Kirsch Gelband and Stone (“KGS”), and on February 2, 2017 I executed a Retainer Agreement with KGS. That Retainer Agreement authorizes a referral fee to be paid to Mr. Rosenbach. 3. I am advised that Mr. Rosenbach and Mazie Slater Katz & Freeman, LLC (“Mazie Slater”) have reached an agreement that would allow for Mr. Rosenbach to be paid a confidential amount in exchange for him assigning to Mazie Slater his right to the referral fee. 4. I have signed this Certification to advise the Court that my wife and I consent to the assignment of the referral fee from Mr. Rosenbach to Mazie Slater. I hereby 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. ___________________________ PETER MEISTER 14 2020 Dated: July __,