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UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 1 of 3 Trans ID: LCV2017667226
Christina M. DiPalo, Esq.
N.J. Attorney ID # 908972012
LA CORTE, BUNDY, VARADY & KINSELLA
989 Bonnel Court
Union, NJ 07083
(908) 810-0500
Attorneys for Defendant, City of Elizabeth
SUPERIOR COURT OF NEW JERSEY
BABE DARLENE ANNA FRAZIER LAW DIVISION: UNION COUNTY
Plaintiff,
DOCKET NO.: UNN-L-2823-17
v
CITY OF ELIZABRTH, COUNTY OF UNION,
STATE OF NEW JERSEY, ZACHARY’S Civil Action
CLOTHING STORE, and/or OWNERS 1-5, 1140
EAST JERSEY LLC., 1149 EAST JERSEY, LLC.,
and/or ABC CORPORATIONS 6-10,
PARAMOUNT ASSETS, MAINTENANCE
COMPANY 11-15 and DEFENDANTS 16-20, NOTICE OF MOTION TO DISMISS
WITHOUT PREJUDICE
Defendants.
TO: Samuel Tsinman, Esq.
Forman & Cardonsky
701 Westfield Avenue
Elizabeth, NJ 07208
RETURNABLE: FRIDAY, January 5, 2018
PLACE: Union County Superior Court
Union County Courthouse
2 Broad Street
Elizabeth, NJ 07207
RELIEF SOUGHT: An Order dismissing plaintiff's complaint without prejudice for
failure to answer interrogatories and respond to a notice to produce
documents.
SUPPORTING
DOCUMENTS: See attached Certification of counsel.
UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 2 of 3 Trans ID: LCV2017667226
GOOD FAITH
EFFORT MADE: On December 6, 2017, my office contacted plaintiff's attomey
requesting answers to interrogatories and a response to a notice to
produce documents, which were then overdue. To date, plaintiff's
atiorney has neither provided me with discovery nor has responded
to this effort to resolve this matter.
OUTSTANDING
DISCOVERY: There is no outstanding discovery due plaintiff's attorney from this
defendant.
ARBITRATION DATE: None.
PRETRIAL CONFERENCE: None.
CALENDAR CALL: None.
TRIAL DATE: None.
ORAL ARGUMENT: No.
CERTIFICATION
AS TO FILING
AND SERVICE: We hereby certify that the original of this pleading has been filed with
the Clerk of Union County in which venue is laid and that service of
the within Notice of Motion has been made pursuant to R: 4:23-5A.
LaCorte, Bundy, Varady & Kinsella
Attorneys for Defendant, City of Elizabeth
n
By. CA
Christina M. DiPalo, Esq.
Dated: December 18, 2017
UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 3 of 3 Trans ID: LCV2017667226
PROOF OF MAILING
On December 19, 2017, 1, the undersigned, forwarded a copy of the within Notice of
Motion, supporting Certification and proposed form of Order via regular mai! to:
Samuel Tsinman, Esq.
Forman & Cardonsky
701 Westfield Avenue
Elizabeth, NJ 07208
Catherine G. Bryan, Esq.
LeClair Ryan
1037 Raymond Blvd, Sixteenth Floor
Newark, NJ 07102
fessica Halloran, CP
Certified Paralegal
UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 1 of 2 Trans ID: LCV2017667226
Christina M. DiPalo, Esq.
N.J. Attorney ID # 908972012
LA CORTE, BUNDY, VARADY & KINSELLA
989 Bonnel Court
Union, NJ 07083
(908) 810-0500
Attorneys for Defendant, City of Elizabeth
SUPERIOR COURT OF NEW JERSEY
BABE DARLENE ANNA FRAZIER LAW DIVISION: UNION COUNTY
Plaintiff,
DOCKET NO.: UNN-L-2823-17
v
CITY OF ELIZABRTH, COUNTY OF UNION,
STATE OF NEW JERSEY, ZACHARY’S Civil Action
CLOTHING STORE, and/or OWNERS 1-5, 1140
EAST JERSEY LLC., 1149 EAST JERSEY, LLC.,
and/or ABC CORPORATIONS 6-10,
PARAMOUNT ASSETS, MAINTENANCE ORDER
COMPANY 11-15 and DEFENDANTS 16-20,
Defendants.
THIS MATTER having come before the Court on Motion of Christina M. DiPalo, Esq. of the
law firm of La Corte, Bundy, Varady & Kinsella, attorneys for the defendant, City of Elizabeth, for an
Order dismissing the Complaint of the plaintiff, without prejudice, for failure to provide answers to
Interrogatories and respond to a Notice to Produce Documents; and notice having been given to all
parties; and no opposition thereto having been entered; and the Court having considered the moving
papers; and for good cause having been shown;
IT IS ON THIS DAY OF , 2018;
ORDERED:
UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 2 of 2 Trans ID: LCV2017667226
1 That the Complaint of the Plaintiff be and is hereby dismissed without prejudice as to
Defendant City of Elizabeth for failure to provide answers to Interrogatories and respond to a Notice to
Produce Documents; and
2 That a copy of the within Order be served upon all parties within days of the date
this Order.
JS.C.
Opposed
Unopposed
UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 1 of 4 Trans ID: LCV2017667226
Christina M. DiPalo, Esq.
N.J. Attorney ID # 908972012
LA CORTE, BUNDY, VARADY & KINSELLA
989 Bonnel Court
Union, NJ 07083
(908) 810-0500
Attorneys for Defendant, City of Elizabeth
SUPERIOR COURT OF NEW JERSEY
BABE DARLENE ANNA FRAZIER LAW DIVISION: UNION COUNTY
Plaintiff,
DOCKET NO.: UNN-L-2823-17
Vv.
CITY OF ELIZABRTH, COUNTY OF UNION,
STATE OF NEW JERSEY, ZACHARY’S Civil Action
CLOTHING STORE, and/or OWNERS 1-5, 1140
EAST JERSEY LLC., 1149 EAST JERSEY, LLC.,
and/or ABC CORPORATIONS 6-10,
PARAMOUNT ASSETS, MAINTENANCE CERTIFICATION OF COUNSEL
COMPANY 11-15 and DEFENDANTS 16-20,
Defendants.
I, Christina M. DiPalo, Esq. of full age, hereby certifies as follows:
1 1 am an attorney at law in the State of New Jersey and am a member of the law firm of
LaCorte, Bundy, Varady & Kinsella.
2 I have been entrusted with the defense of the City of Elizabeth in the above-captioned
matter and am fully familiar with all of the facts set forth herein.
3 On September 8, 2017, this office served upon the attorney for the plaintiff Interrogatories
and a Notice to Produce Documents. The time for answering the written discovery responses has expired
and to date I do not have any responses from plaintiff’s attorney nor has plaintiff's attorney moved to
extend the time to answer the same.
UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 2 of 4 Trans ID: LCV2017667226
4 On December 6, 2017, this office contacted plaintiff's attorney requesting that he provide
all his client’s responses by December 18, 2017. (Please see correspondence dated December 6, 2017
attached hereto as Exhibit A).
5 To date, I have yet to receive a response to this office’s good faith effort to resolve this
discovery dispute without the necessity of a motion. No motion for an extension has been made pursuant
to R. 4:17-4(b).
6. There is no outstanding discovery due the plaintiff from defendant, City of Elizabeth.
4
It is for the aforementioned reasons that defendant, City of Elizabeth, respectfully
requests that the Court dismiss the plaintiff's complaint without prejudice for failure to comply with the
defendant’s written discovery demands pursuant to R. 4:23-5(a)(1).
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, | am subject to punishment.
LaCorte, Bundy, Varady & Kinsella
Attorneys for Defendant, City of Elizabeth
By: [A
Christina M. DiPalo, Esq.
Dated: December 18, 2017
UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 3 of 4 Trans ID: LCV2017667226
EXHIBIT A
UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 4 of 4 Trans ID: LCV2017667226
LA CORTE, BUNDY, VARADY & KINSELLA
ATTORNEYS AT LAW
NICHOLAS S. LA CORTE 0911-1978) 989 BONNEL COURT
GARY A. BUNDY UNION, NJ 07083
ROBERT F. VARADY *t
CHRISTOPHER J. KINSELLA*
(908) 810-0500
FAX: (908) 810-0513
CHRISTINA M, DIPALO* 97 APPLE STREET » SUITE 7
TINTON FALLS, NJ 07724
‘OF COUNSEL
JOHN F, MALONE
ANNE K. FRAWLEY E-Mail: LBVKlaw@LBVKlaw.com
December 6, 2017 CERTIFIED CIVIL TRIAL ANTORNEY
IN REPLY [REFER TO FILE NO.
Samuel Tsinman, Esq.
Forman & Cardonsky
701 Westfield Avenue
Elizabeth, NJ 07208
Re: Babe Darlene Anna Frazier v. City of Elizabeth, et al.
Docket No.: UNN-L-2823-17
Dear Mr. Tsinman:
A review of this file indicates that your client’s answers to interrogatories and response to
the notice to produce are now due. Kindly forward those discovery responses to me on or before
December 18, 2017, to avoid the necessity of a motion.
I thank you for your cooperation in this matter.
Very Truly Yours,
LACORTE, BUNDY, VARADY, & KINSELLA.
boku wbkilecn
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UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 1 of 3 Trans ID: LCV2017667226 Christina M. DiPalo, Esq. N.J. Attorney ID # 908972012 LA CORTE, BUNDY, VARADY & KINSELLA 989 Bonnel Court Union, NJ 07083 (908) 810-0500 Attorneys for Defendant, City of Elizabeth SUPERIOR COURT OF NEW JERSEY BABE DARLENE ANNA FRAZIER LAW DIVISION: UNION COUNTY Plaintiff, DOCKET NO.: UNN-L-2823-17 v CITY OF ELIZABRTH, COUNTY OF UNION, STATE OF NEW JERSEY, ZACHARY’S Civil Action CLOTHING STORE, and/or OWNERS 1-5, 1140 EAST JERSEY LLC., 1149 EAST JERSEY, LLC., and/or ABC CORPORATIONS 6-10, PARAMOUNT ASSETS, MAINTENANCE COMPANY 11-15 and DEFENDANTS 16-20, NOTICE OF MOTION TO DISMISS WITHOUT PREJUDICE Defendants. TO: Samuel Tsinman, Esq. Forman & Cardonsky 701 Westfield Avenue Elizabeth, NJ 07208 RETURNABLE: FRIDAY, January 5, 2018 PLACE: Union County Superior Court Union County Courthouse 2 Broad Street Elizabeth, NJ 07207 RELIEF SOUGHT: An Order dismissing plaintiff's complaint without prejudice for failure to answer interrogatories and respond to a notice to produce documents. SUPPORTING DOCUMENTS: See attached Certification of counsel. UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 2 of 3 Trans ID: LCV2017667226 GOOD FAITH EFFORT MADE: On December 6, 2017, my office contacted plaintiff's attomey requesting answers to interrogatories and a response to a notice to produce documents, which were then overdue. To date, plaintiff's atiorney has neither provided me with discovery nor has responded to this effort to resolve this matter. OUTSTANDING DISCOVERY: There is no outstanding discovery due plaintiff's attorney from this defendant. ARBITRATION DATE: None. PRETRIAL CONFERENCE: None. CALENDAR CALL: None. TRIAL DATE: None. ORAL ARGUMENT: No. CERTIFICATION AS TO FILING AND SERVICE: We hereby certify that the original of this pleading has been filed with the Clerk of Union County in which venue is laid and that service of the within Notice of Motion has been made pursuant to R: 4:23-5A. LaCorte, Bundy, Varady & Kinsella Attorneys for Defendant, City of Elizabeth n By. CA Christina M. DiPalo, Esq. Dated: December 18, 2017 UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 3 of 3 Trans ID: LCV2017667226 PROOF OF MAILING On December 19, 2017, 1, the undersigned, forwarded a copy of the within Notice of Motion, supporting Certification and proposed form of Order via regular mai! to: Samuel Tsinman, Esq. Forman & Cardonsky 701 Westfield Avenue Elizabeth, NJ 07208 Catherine G. Bryan, Esq. LeClair Ryan 1037 Raymond Blvd, Sixteenth Floor Newark, NJ 07102 fessica Halloran, CP Certified Paralegal UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 1 of 2 Trans ID: LCV2017667226 Christina M. DiPalo, Esq. N.J. Attorney ID # 908972012 LA CORTE, BUNDY, VARADY & KINSELLA 989 Bonnel Court Union, NJ 07083 (908) 810-0500 Attorneys for Defendant, City of Elizabeth SUPERIOR COURT OF NEW JERSEY BABE DARLENE ANNA FRAZIER LAW DIVISION: UNION COUNTY Plaintiff, DOCKET NO.: UNN-L-2823-17 v CITY OF ELIZABRTH, COUNTY OF UNION, STATE OF NEW JERSEY, ZACHARY’S Civil Action CLOTHING STORE, and/or OWNERS 1-5, 1140 EAST JERSEY LLC., 1149 EAST JERSEY, LLC., and/or ABC CORPORATIONS 6-10, PARAMOUNT ASSETS, MAINTENANCE ORDER COMPANY 11-15 and DEFENDANTS 16-20, Defendants. THIS MATTER having come before the Court on Motion of Christina M. DiPalo, Esq. of the law firm of La Corte, Bundy, Varady & Kinsella, attorneys for the defendant, City of Elizabeth, for an Order dismissing the Complaint of the plaintiff, without prejudice, for failure to provide answers to Interrogatories and respond to a Notice to Produce Documents; and notice having been given to all parties; and no opposition thereto having been entered; and the Court having considered the moving papers; and for good cause having been shown; IT IS ON THIS DAY OF , 2018; ORDERED: UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 2 of 2 Trans ID: LCV2017667226 1 That the Complaint of the Plaintiff be and is hereby dismissed without prejudice as to Defendant City of Elizabeth for failure to provide answers to Interrogatories and respond to a Notice to Produce Documents; and 2 That a copy of the within Order be served upon all parties within days of the date this Order. JS.C. Opposed Unopposed UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 1 of 4 Trans ID: LCV2017667226 Christina M. DiPalo, Esq. N.J. Attorney ID # 908972012 LA CORTE, BUNDY, VARADY & KINSELLA 989 Bonnel Court Union, NJ 07083 (908) 810-0500 Attorneys for Defendant, City of Elizabeth SUPERIOR COURT OF NEW JERSEY BABE DARLENE ANNA FRAZIER LAW DIVISION: UNION COUNTY Plaintiff, DOCKET NO.: UNN-L-2823-17 Vv. CITY OF ELIZABRTH, COUNTY OF UNION, STATE OF NEW JERSEY, ZACHARY’S Civil Action CLOTHING STORE, and/or OWNERS 1-5, 1140 EAST JERSEY LLC., 1149 EAST JERSEY, LLC., and/or ABC CORPORATIONS 6-10, PARAMOUNT ASSETS, MAINTENANCE CERTIFICATION OF COUNSEL COMPANY 11-15 and DEFENDANTS 16-20, Defendants. I, Christina M. DiPalo, Esq. of full age, hereby certifies as follows: 1 1 am an attorney at law in the State of New Jersey and am a member of the law firm of LaCorte, Bundy, Varady & Kinsella. 2 I have been entrusted with the defense of the City of Elizabeth in the above-captioned matter and am fully familiar with all of the facts set forth herein. 3 On September 8, 2017, this office served upon the attorney for the plaintiff Interrogatories and a Notice to Produce Documents. The time for answering the written discovery responses has expired and to date I do not have any responses from plaintiff’s attorney nor has plaintiff's attorney moved to extend the time to answer the same. UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 2 of 4 Trans ID: LCV2017667226 4 On December 6, 2017, this office contacted plaintiff's attorney requesting that he provide all his client’s responses by December 18, 2017. (Please see correspondence dated December 6, 2017 attached hereto as Exhibit A). 5 To date, I have yet to receive a response to this office’s good faith effort to resolve this discovery dispute without the necessity of a motion. No motion for an extension has been made pursuant to R. 4:17-4(b). 6. There is no outstanding discovery due the plaintiff from defendant, City of Elizabeth. 4 It is for the aforementioned reasons that defendant, City of Elizabeth, respectfully requests that the Court dismiss the plaintiff's complaint without prejudice for failure to comply with the defendant’s written discovery demands pursuant to R. 4:23-5(a)(1). 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, | am subject to punishment. LaCorte, Bundy, Varady & Kinsella Attorneys for Defendant, City of Elizabeth By: [A Christina M. DiPalo, Esq. Dated: December 18, 2017 UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 3 of 4 Trans ID: LCV2017667226 EXHIBIT A UNN-L-002823-17 12/19/2017 11:27:09 AM Pg 4 of 4 Trans ID: LCV2017667226 LA CORTE, BUNDY, VARADY & KINSELLA ATTORNEYS AT LAW NICHOLAS S. LA CORTE 0911-1978) 989 BONNEL COURT GARY A. BUNDY UNION, NJ 07083 ROBERT F. VARADY *t CHRISTOPHER J. KINSELLA* (908) 810-0500 FAX: (908) 810-0513 CHRISTINA M, DIPALO* 97 APPLE STREET » SUITE 7 TINTON FALLS, NJ 07724 ‘OF COUNSEL JOHN F, MALONE ANNE K. FRAWLEY E-Mail: LBVKlaw@LBVKlaw.com December 6, 2017 CERTIFIED CIVIL TRIAL ANTORNEY IN REPLY [REFER TO FILE NO. Samuel Tsinman, Esq. Forman & Cardonsky 701 Westfield Avenue Elizabeth, NJ 07208 Re: Babe Darlene Anna Frazier v. City of Elizabeth, et al. Docket No.: UNN-L-2823-17 Dear Mr. Tsinman: A review of this file indicates that your client’s answers to interrogatories and response to the notice to produce are now due. Kindly forward those discovery responses to me on or before December 18, 2017, to avoid the necessity of a motion. I thank you for your cooperation in this matter. Very Truly Yours, LACORTE, BUNDY, VARADY, & KINSELLA. boku wbkilecn