Motion to Stay Proceedings in Geico Vs Dms Express Inc.| Trellis.Law

On July 25, 2023 a Motion,Ex Parte was filed involving a dispute between Geico, and 0 Abc Corporations 1-1, Dms Express Inc., Iat Insurance Group, John Doe 1-10, for Tort-Other in the District Court of Passaic County.

Preview
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MARKS, O'NEILL, O'BRIEN
DOHERTY & KELLY, P.C.
BY: PhilipJ. Degnan, Esquire ATTORNEY FOR DEFENDANT
Attomey ID: 054191996 TAT Insurance Group
BY: Robin Sammer Behn
Attomey ID: 024231999
535 Route 38 East
Suite 501
Cherry Hill, NJ 08002

1929-113659 (PJD/RSB)
SUPERIOR COURT OF NEW JERSEY
GEICO, PASSAIC COUNTY
LAW DIVISION
Plaintiff,
DOCKET NO. PAS-L-1988-23
VS.
CIVIL ACTION
DMS EXPRESS INC., IAT INSURANCE
GROUP, ABC CORPORATIONS 1-10, and MOTIONTO STAY
JOHN DOE 1-10 (a person, persons, entity or
entities whose identity is presently unknown),

Defendants.

TO:

PLEASE TAKE NOTICE that on October 20, 2023, at 9:00 in the forenoon or as soon.

thereafter
as counsel may be heard, the undersigned
attomeys for the Defendant, DMS Express

Inc. and IAT Insurance, shall apply to the Superior Court of New Jersey, Law Division, Passaic

County, at the County Courthouse in Paterson, New Jersey, for an Order to stay this litigation

pending the outcome of the related litigation Cheikhali v. DMS Express Inc., etal. bearing Docket

No.: PAS-L-1965-23.

PLEASE TAKE FURTHER NOTICE that the Movant shall rely upon the annexed.

Certification and Brief in support of the Motion.

A proposed
form of Order is annexed hereto pursuant
to.

Movant
does not request oral argument
in this matter

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The cunrent discovery end date
is July 1, 2024.

There is no Arbitration or Trial Date.

MARKS, O’NEILL, O’ BRIEN,
DOHERTY & KELLY, P.C.

/s[ Robin Sammer elu
Robin Sammer Behn, Esquire
Attorney for Defendant
TAT Insurance Group

Dated: October4, 2023

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MARKS, O'NEILL, O'BRIEN
DOHERTY & KELLY, P.C.
BY: Philip J. Degnan, Esquire ATTORNEY FOR DEFENDANTS
Attorney ID: 054191996 DMS Express Inc. and IAT Insurance
BY: Robin Sammer Behn Group
Attorney ID: 024231999
535 Route 38 East
Suite 501
Cherry Hill, NJ 08002
(856) 663-4300
1929-113659 (PJD/RSB)
SUPERIOR COURT OF NEW JERSEY
GEICO, PASSAIC COUNTY
LAW DIVISION
Plaintiff,
DOCKET NO. PAS-L-1988-23
VS.
CIVIL ACTION
DMS EXPRESS INC., IAT INSURANCE
GROUP, ABC CORPORATIONS 1-10, and ORDER TO STAY
JOHN DOE 1-10 (a person, persons, entity or
entities whose identity is presently unknown),

Defendants.

THIS MATTER having been brought

before the Court on the Motion of Robin Sammer Behn, Esquire of Marks, O'Neill, O'Brien,

Doherty, & Kelly, P.C. counsel for Defendant, IAT Insurance Group, and the Court having

considered the moving papers of Defendants and any response thereto, and for good cause

shown;

IT IS on this day of , 2023
ORDERED that this matter be stayed pending the outcome of the matter currently before

the Court bearing Docket No.: PAS-L-1965-23, Cheikhali_v. DMS Express Inc., et.al.

JS.C.

(___) Opposed (__) Unopposed
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1929-113659 (PJD/RSB)
SUPERIOR COURT OF NEW JERSEY
GEICO, PASSAIC COUNTY
LAW DIVISION
Plaintiff,
DOCKET NO. PAS-L-1988-23
VS.
CIVIL ACTION
DMS EXPRESS INC., IAT INSURANCE
GROUP, ABC CORPORATIONS 1-10, and CERTIFICATION OF COUNSEL
JOHN DOE 1-10 (a person, persons, entity or
entities whose identity is presently unknown),

Defendants.

I, Robin Sammer Behn, by way of Certification
says:

1 I am anAttomey at Law of the State of New Jersey and a Senior associate with

Marks, O'Neill, O'Brien, Doherty, & Kelly, P.C., attomeys for Defendant, IAT Insurance Group.

In this capacity, I am personally familiar with the facts set forth below.

2. I make this certification in support of the within Motion to Stay this matter until

such time as the litigation bearing Docket No.: PAS-L-1965-23, Cheikhali_v. DMS Express Inc.

etal.

3. On or about July 25, 2023, Plaintiff filed its Complaint in Superior Court of New

Jersey, Law Division, Passaic County under Docket No.: PAS-L-1988-23. (A copy of the

Complaint is attached hereto as ExhibitA).

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4. The Complaint seeks reimbursement for PIP benefits extended to Fatima Cheikhal

for medical treatment as a result of alleged injuries sustained in a motor vehicle accident that

occurred
on August 1, 2021, on Allwood Road in Clifton, New Jersey. (See ExhibitA)

5. Relying
on NJ.S.A. 39:6A-4
and NJ.S.A. 39:6A-9.1, Plaintiff asserts that it is

entitledto bring
this action, as subrogee, under
the terms of the insurance policy issued
to Fatima

Cheikhal. (See ExhibitA)

6. However, Fatima Cheikhal filed a complaint against DMS Express, Inc. for alleged

injuries sustained in the motor vehicle accident that occurred on August 1, 2021, onAllwood Road

in Clifton, New Jersey. (A copy of the complaint filedby Fatima Cheikhal is attached hereto as

Exhibit B)

7. NJ.S.A. 39:6A-9.1(b) is clear that a recovery of PIP from an insured tortfeasor is

limited to the adverse insurer and can only be paid after the insured’s bodily injury claim
has been

resolved. See NJ.S.A. 39:6A-9.1(b)

8. Specifically, NJ.S.A. 39:6A4-9.1(b) states:

Inthe case of an accident occuning in this State involving an insured.
tortfeasor, the determination as to whether an insurer health
maintenance organization or govemmental agency is legally entitled
to recover the amount of payments and the amount of recovery,
including the costs of processing benefit claims and enforcing rights
granted under this section, shall be made against the insurer of the
tortfeasor, and shall be by agreement of the involved parties or, upon.
failingto agree, by arbitration. Any recovery by an insurer, health
maintenance organization or govemmmental agency pursuant to
this subsection shall be subject to any Gaim against the insured
tortfeasor's insurer by the injured party and shall be paid only
after satisfaction of that daim, up to the linits of the insured
tortfeasor's motor vehide or other liahility insurance policy.

NJ.S.A. 39:6A-9.1(b) (emphasis added).

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9. Should the matters both continue, the litigation may result in duplicative discovery

costs, a waste
of judicial and party resources as well as potential inconsistencies.

10. There will be irreparable harm to the Defendant if this matter proceeds through.

additional discovery and trial during the pendency of the underlying matter, Cheikhali_v. DMS

Express Inc., et.al. Docket No.: PAS-L-1965-23.

11. Accordingly, it is respectfully requested that this litigation be stayed until the

underlying
matter bearing Docket No.: PAS-L- 1965-23 can be resolved.

I certify that the foregoing statements made by me are true and correct to the best of my

knowledge, information
and belief. I am aware that if any of the foregoing statements made by

me ae willfully
false, I am subject
to punishment.

MARKS, O’NEILL, O’ BRIEN,
DOHERTY & KELLY, P.C.

[Robin Sammer Seln
Robin Sammer Behn, Esquire
Attorney for Defendant
TAT Insurance Group

Dated: October4, 2023

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SUPERIOR COURT OF NEW JERSEY
GEICO, PASSAIC COUNTY
LAW DIVISION
Plaintiff,
DOCKET NO. PAS-L-1988-23

CIVIL ACTION
DMS EXPRESS INC., IAT INSURANCE
GROUP, ABC CORPORATIONS 1-10, and
JOHN DOE 1-10 (a person, persons, entity or
entities whose identity is presently unknown),

Defendants.

BRIEF IN SUPPORT OF MOTION
TO STAY PENDING LITIGATION

On the Brief,
Robin Sammer Behn, Esquire.

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STATEMENT OF MATERIAL FACTS

This is a matter
for PIP reimbursement
pursuant NJ.S.A. 39:6A-9.1. Essentially, GEICO

insured Fatima Cheikhal when she was involved in a motor vehicle accident with an unknown

vehicle that hada DMS Express Inc. trailer attached to the truck. Nevertheless, Plaintiff is alleging

that she sustained injuries as a resultof the motorvehicle
accident onAugust 1, 2021. Accordingly,

GEICO avers that it made payments to medical providers on behalf of Fatima Cheikhal and is

therefore entitled to reimbursement.

DMS Express Inc. is insured by IAT Insurance Group and is not required to maintain PIP

coverage. Pursuant to NJ.S.A. 39:6A-9.1(b), GEICO may be entitled to reimbursement from IAT

Insurance Group; however, any such reimbursement
would be only after
the insured’s bodily injury

claim has been resolved.

Therefore, any PIP reimbursement claim made under NJ.S.A. 39:6A-9.1(b) should be

stayed in accordance with to statute.

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LEGALARGUMENT

POINT I

A STAY
OF THE PIP REIMBURSEMENT
CLAIM SHOULD BE GRANTED

The statute is clear that reimbursement for PIP benefits from insured tortfeasor to an

adverse insurer can only occur after the insured’s bodily injury claim has been resolved.

Specifically, NJ.S.A. 39:6A-9.1(b) states:

NJ.S.A. 39:6A-9.1(b) (emphasis added).

Tn compliance
with the amended statute, the Johnsonv. Rosellev EZ Quick LLC., 226 NJ

370 (2016) Court confirmed
that the 2011 amendmentto NJSA 39:6A-9.1 altered settled lawby

providing that PIP insurers cannot receive reimbursement that would prevent the injured party

from being made whole. In other words, PIP benefits are recoverable from an insured tortfeasor

only after the resolution of the claim between the insured tortfeasor and the injured party. As

codified by statute, PIP recovery is only allowed after the third-party litigation has concluded.

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Therefore, it is respectfully requested
that the Court stay this litigation until the underlying

matter resolved, PAS-L-1965-23.

POINT II

A STAY ISAPPROPRIATE IN THIS MATTER

Where two or more actions, arising out of the same controversy, are pending
at the same

time, a party to the action may seek a stay of one of the actions pending the adjudication of the

other. R. 4:52-6. The authority to stay a proceeding lies within the sound discretion of the trial

court. Procopiov. Gov’t Employees Ins. Co., 433 NJ. Super. 377, 380 (App. Div. 2013).

United States Supreme Court has acknowledged
as much by stating:

the power to stay proceedingsis incidental to the power inherent in
every courtto control the dispositionof the causes on its docket with
econonyy of time and effort for itself, for counsel, and for litigants.
How this can best be done calls for the exercise
of judgment, which.
must weigh competing interests and maintain an even balance.

Landis v.N.Am Co., 299 U.S. 248, 254-55 (1936).

“The basic applicable principle is that no stay is to be granted unless no hardship, prejudice

or inconvenience would result to the one against whom the stay is sought” Ins. Co. of North

America v. Allied Crude Vegetable Oil Refining Corp., 89 NJ. Super 518, 541 (Ch. Div. 1965)

(intemal citations omitted).” When determining whetherto grant a party’s request for a stay of

proceedings, New Jersey courts consider
the principles of judicial economy, uniformity of result,

and the entire controversy
doctrine. Allstate Ins. Co. v. Lopez, 311 NJ. Super: 660, 670 (Law Div.

1998).

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In the case at bar, there is no hardship, prejudice or inconvenience
that would befall any

party should this case be stayed at thisjuncture. A stay would comply with state statute and ensure

that the Plaintiff is compensated
in full.

CONCLUSION

For the reasons set forth hereinabove, itis respectfully submitted that Defendant’s motion

to stay the litigation, pending the outcome of the underlying matter, Cheikhaliv. DMS Express

Inc, et.al. Docket No.: PAS-L-1965-23.

Respectfully submitted,

MARKS, O’NEILL, O’ BRIEN,
DOHERTY & KELLY, P.C.

[Robin Sammenr Seln
Robin Sammer Behn, Esquire
Attorney for Defendant
TAT Insurance Group

Dated: October4, 2023

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MARKS, O'NEILL, O'BRIEN
DOHERTY & KELLY, P.C.
BY: PhilipJ. Degnan, Esquire ATTORNEY FOR DEFENDANT
Attorney ID: 054191996 IAT Insurance Group
BY: Robin Sammer Behn
Attorney ID: 024231999
535 Route 38 East
Suite 501
Cherry Hill, NJ 08002
(856) 663-4300
1929-113659 (PJD/RSB)
SUPERIOR COURT OF NEW JERSEY
GEICO, PASSAIC COUNTY
LAW DIVISION
Plaintiff,
DOCKET NO. PAS-L-1988-23
vs.
CIVIL ACTION
DMS EXPRESS INC., IAT INSURANCE
GROUP, ABC CORPORATIONS 1-10, and PROOF OF SERVICE
JOHN DOE 1-10 (a person, persons, entity or
entities whose identity is presently unknown),

Defendants.

The undersigned hereby certifies that on the date indicated below a copy of the attached

Motion to Stay was E-Filed in the Passaic County Superior Court.

MARKS, O’NEILL, O’BRIEN,
DOHERTY & KELLY, P.C.

/s/ Robin Sammer Behn
Robin Sammer Behn, Esquire
Attorney for Defendant
IAT Insurance Group

Dated: October 4, 2023

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EXHIBIT A
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By: Franklyn Diaz, Esq.: 248562018
Law Offices of Taryn E. Curry
300 Executive Drive, Suite 230
E-mail: NJSubrogation@geico.com
West Orange, New Jersey 07052
973-324-9002
Attorneys for Plaintiff: GEICO
FILE NO.: 23-0085653

GEICO,
Plaintiff(s), DOCKET NO: PAS-L-001988-23
vs Civil Action

SUMMONS
DMS EXPRESS INC., IAT INSURANCE
GROUP, ABG CORPORATIONS 1-10,
and JOHN DOE 1-10 (a person,
persons, entity or entities, whose
identity is presently unknown),

Defendant(s).

The State of New Jersey, to the Above Named Defendant:

DMS EXPRESS INC,

IAT INSURANCE GROUP

The plaintiff, named above, has filed a lawsuit against you inthe Superior

Court of New Jersey. The complaint attached to this summons states the basis for this

lawsuit. If you dispute this complaint, you or your attorney must file a written answeror

motion arid proof of service with the deputy clerk of the Superior Court in the county

listed above within 35 days from the date you received this summons, not counting the

date you received it. (The address of each Deputy Clerk for the Superior Court is
+
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provided.) If the complaint is one in foreciosure, then you must file your written answer

or motion and proof of service with the Clerk of the Superior Court Hughes Justice

Gomplex. CN-971, Trenton, NJ 08625, Afiling fee payable to the Clerk f the Superior

Court and a complet d Case Information Statement (available from the Deputy Clerk of

the Superior Court) must accompany your answer or motion when itis filed. You must

also send a copy of your answer or motion to plaintiff's attorney whose name and

address appear above, or to plaintiff, if no attorney is named above. A telephone call will

not protect your rights; you must file and serve a written answer or motion (with fee of

$110.00 for Law Division and $105.00 for Chancery Division and completed Case

Information Statement) if you want-the court to hear your defense.

If you do not file and serve a written answer.or motion with 35 days, the

court may enter
a judgment against you for the relief plaintiff demands, plus interest and

costs of suit. If judgment is entered against you, the Sheriff may seize your money,

wages or property to pay all or part of the judgment.

If you cannot afford an attorney, you may call the Legal Services office in

the County where you live. A list of these offices is provided. If you do not have an

attorney and are not eligible for free legal assistance, you may obtain a referral to an

attorney by calling one of the Lawyers Referral Services. A list of these numbers is also

provided.

S/ Michelle M. Smith, Esq.
Michelle M. Smith, Esq.
Clerk of the Superior Court
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Dated: July 26, 2023

i
Nai e of defendant’s to be served:

Add ess for Service:

DMS EXPRESS INC.
435 Allwood Rd.
Clifton, NJ 07012

IAT INSURANCE GROUP
1111 Raymond Blvd.
Newark, NJ 07102
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By: Franklyn Diaz, Esq.: 248562018
Law Offices of Taryn B. Curry
300 Executive Drive, Suite 230
E-mail: NJSubrogation@geico.com
West Orange, New Jersey 07052
973-324-9002
Attorneys for Plaintiff; GEICO
File No; 23-0085653

SUPERIOR COURT OF NEW JERSEY
GEICO, LAW DIVISION: PASSAIC COUNTY

Plaintiff(s), DOCKET NO:

vs. Civil Action

DMS EXPRESS INC., IAT INSURANCE COMPLAINT and DESIGNATION
GROUP, ABC CORPORATIONS 1-10, and OF TRIAL COUNSEL
JOHN DOE 1-10 (a person, persons, entity or
entities, whose identity is presently unknown), :

Defendant(s).

Government Employees Insurance Company, herein after ("GEICO") as subrogee

of Mohammad Annous and Fatima Cheikhal; by way of. Complaint against the

defendant(s) DMS Express Inc., IAT Insurance Group, ABC Corporations 1-10, and John

Doe 1-10 (a person, persons, entity or entities, whose identity is presently. unknown) says:

FIRST COUNT

1. On or about August 1, 2021, Fatima Cheikhal was the permissible driver of

GEICO insured’s Mohammad Annous. Fatima Cheikhal was operating said vehicle when

it was involved in a collision traveling on Allwood Road, Clifton, Passaic County, New

Jersey,

2. At the time and place aforesaid, DMS Express Inc. owned and operated a

motor vehicle in a careless, reckless and negligent manner, thereby causing a motor

vehicle accident with Mohammad Annous’ vehicle.

_. ee
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3. Asa result thereof, GEICO’s insured Fatima Cheikhal suffered injuries and

required medical treatment for.those injuries.

4. The vehicle owned by DMS Express Inc. is insured by LAT Insurance Group.

5. The defendant, DMS Express Inc. “was not, at the time of the accident,

required to maintain pprsonal injury protection or medical expense benefits coverage,

other than for pedestrians, under the laws of the State,” (N.J.S.A. 39:6A-9.1).

6. The defendant, DMS Express Inc, has failed to reimburse GEICO for the

medical expenses paid through PIP to its insured, Fatima Cheikhal.

7. Pursuant to N.J.S.A. 39:6A-4 and N.J.S.A. 39:6A-9.1 and the ternis of the

insurance policy issued to GEICO’s insured, GEICO has the right to bring this action.

WHEREFORE, plaintiff, GEICO as subrogee demands judgment against the

defendant(s) together with interest, costs of suit, attorneys’ fees and all expenses and all other

relief both legal and equitable.

SECOND COUNT

1 Plaintiff repeats and re-alleges the allegations contained in the First Count of

the Complaint in their entirety.

2. The vehicle owned by DMS Express Ine. is insured by ABC Corporations |-

10, commercial carriers.

3. The defendants, ABC Corporations 1-10 “was noi, at the time of the accident,

required to maintain personal injury protection or medical expense benefits coverage,

other than for pedestrians, under the laws of the State..” (N.J.S/A. 39:6A-9.1).

4, ABC Corporations 1-10 have failed to reimburse GEICO for the medical

expenses paid through PIP to its insured, Fatima Cheikhal.

5, Pursuant to N.J.S.A. 39:6A-4 and N.J.S.A, 39:6A-9.1 and the terms of the

insarane policy issued to GE[CO’s insured, GEICO has the right to bring this action.

2
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WHEREFORE, plaintiff, GEICO as subrogee demands judgment against the

defendant(s) together with interest, costs of suit, attorneys’ fees and all expenses and all other

relief both legal and equitable.

THIRD COUNT

1 Plaintiff repeats and re-alleges the allegations conjained in the First and

Second Counts of the Complaint in their entirety.

2, The vehicle owned DMS Express Inc. is insured by John Does 1-10,

commercial carriers.

3. The defendants, John Does 1-10 “was not, at the time of the accident,

required to maintain personal injury protection or medical expense benefits coverage,

other than for pedestrians, under.the laws of the State.” (N.J.S.A. 39:6A-9.1)..

4, John Does 1-10 have faiied to reimburse GEICO for the medical

expenses paid through PIP to its insured, Fatima Cheikhal.

5. Pursuant to N.J.S.A. 39:6A-4 and N.J.S.A. 39:6A-9.1 and the terms of the

insurance policy issued to GEICO’s insured, GEICO has the right to bring this action.

WHEREFORE, plaintiff, GEICO as subrogee demands judgment against the

defendant(s), together with interest, costs of suit, attorneys’ fees and all expenses and ail other

relief both legal and equitable.

DEMAND FOR INTER-COMPANY AGREEMENT OR BINDING
ARBITRATION

Pursuant to NJSA 39:6A-9.1, plaintiff hereby demands that if no resolition with
the defendant’s Insurance Company can be reached; this matter shall be resolved by
inter-company agreement or in the absence of such agreement, through binding
arbitration. This request is being made pursuant to the 2-year statute of limitations.
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TRIAL ATTORNEY DESIGNATION
Pursuant to Rule 4:25-4, Frankiyn Diaz, Esq., is hereby designated as trial counsel
in the above-captioned matter.
CERTIFICATION

the within matters in controversy are not t
Pursuant to Rule 4:5-1, the undersigned certifies that to the best of his knowledge,
abject of any other action pending in any other
Court or of a pending arbitration proceeding nor is any action or arbitration proceeding
contemplated nor are the parties required to be joined in this action,
I certify that confidential personal identifiers have been redacted from documents
now submitted to the Court, and will be redacted from all documents submitted in the
future in accordance with R. 1:38-7(b).

LAW OFFICES OF TARYN E, CURRY

By: Franklyn Diaz, Beg.
Franklyn Diaz, Esq.

Plaintiff hereby demands that defendants answer all questions in County
District Form (E) as printed in the appendix form.

DATED: July 24, 2023
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Civil Case Information Statement

: Case Details: PASSAIC [Civil Part Docket |-001988-23

Case Caption: GEICO VS DMS EX'PRESS INC, Case Type: TORT-OTHER
Case Initiation Date: 07/25/2023 Document Type: Complaint
Attorney Name: FRANKLYN DIAZ Jury Demand: NONE
Firm Name: LAW OFFICES OF TARYN E. CURRY Is this a professional malpractice case? NO
Address: 300 EXECUTIVE DRIVE, STE 230 Related cases pending: NO
WEST ORANGE NJ 07052 ityes, list docket numbers:
Phone: 9733249002 Do you anticipate adding any parties (arising out of same
Name of Party: PLAINTIFF : Geico transaction or occurrence)? NO
Name of Defendant's Primary Insurance Company Does this case involve claims related to COVID-197 NO
(known): IAT Insurance Group
Are sexual abuse claims alleged by: Geico? NO

THE INFORMATION PROVIDED: IRM CANNOT B 'TRODUCED INTO EVIDENC!
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE1S APPROPRIATE FOR MEDIATION

Do parties have a current, past, or recurrent relationship? NO

if yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO

Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:

Do you or your client need any disability accommodations? NO
If-yes, please identify the requested accommodation:

Will an interpreter be needed? NO
{f yes, for what language:

Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO

| certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from alt documents submitted iri the future in accordance with Rule 1:38-7(b)

07/25/2023 Is] FRANKLYN DIAZ
Dated Signed
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PASSAIC SUPERIOR COURT
PASSAIC ‘COUNTY COURTHOUSE
77 HAMILTON STREET
PATERSON NT 07505
TRACK ASSIGNMENT NOTICE
COURT TELEPHONE NQ. (973) 653-2910
COURT HOURS 8:30 AM - 4:30. PM

DATE: JULY 25, 2023
RE: GEICO VS DMS EXPRESS INC.
DOCKET: PAS L -001988 23

THE ABOVE CASE HAS BEEN ASSIGNED TO: TRACK 2.

DISCOVERY IS 300 DAYS AND RUNS FROM THE FIRST ANSWER OR 90 DAYS
FROM SERVICE ON THE FIRST DEFENDANT, WHICHEVER COMES FIRST.

THE PRETRIAL JUDGE ASSIGNED Is: HON BRUNO MONGIARDO

IF YOU HAVE ANY QUESTIONS, CONTACT TEAM 001
AT: (973) 653-2910 EXT. 24367.

IF YOU BELIEVE THAT THE TRACK IS INAPPROPRIATE YOU MUST FILE A
CERTIFICATION OF GOOD CAUSE WITHIN. 30 DAYS.OF THE FILING OF YOUR PLEADING.
PLAINTIFF MUST SERVE COPIES OF THIS FORM ON ALL OTHER PARTIES IN ACCORDANCE
WITH R.4:5A-2.
ATTENTION:
ATT: FRANKLYN . DIAZ
LAW OFFICES OF TARYN E, CURRY
300 EXECUTIVE DRIVE, STE 230
WEST ORANGE NJ 07052

ECOURTS
PAS-L-001988-23 10/04/2023 4:24:43 PM Pglof10 Trans ID: LCV20233044644

EXHIBIT B
PAS-L-001988-23 10/04/2023 4:24:43 PM Pg2of10 Trans ID: LCV20233044644

SUMMONS
Attorneys} Aleksandr Barakh, Eso.
Superior Court of
Office Address 260 Columbia Ave, Suite 18
Town, State, Zip Code Fort Lee, NJ 07624 New Jersey
Passaic County
Telephone Number 201-224-9904 Law Division
Atorney(s) for Plaintiff Fatima Cheikhali Docket No: PAS-1-001965-23
FATIMA CHEIRHALI

Plaintiff{s)
CIVIL ACTION
VS.
SUMMONS
DMS EXPRESS, INC.

Defendant(s)

Pram The State of New Jersey To The Defendants} Named Above:

‘The plaintiff, named above, has filed a lawsuit against you ix the Superior Court of New Jersey. The complaint attached
to this summons states the basis for this lawsuit. If you dispute this complaint, you or your attorney must file a written.
answer or motion and proof of service with the deputy clerk of the Superior Court in the county listed above within 35 days
from the date you received this summons, not counting the date you received it. (A directory of the addresses of cach deputy
clerk of the Superior Court is available in the Civil Division Management Office in the county listed above and online at
hi Jhww.nicourts. gow/forms/10153_deptvelerklawref pdf) Ifthe complaint is one in foreciosure, then you must file your
written answer or motion and proof of service with the Clerk of the Superior Court, Hughes Justice Complex,
P.O, Box 971, Trenton, NJ 08625-0971. A filing fee payable to the Treasurer, State of New Jersey and a completed Case
Ip formation Statement (available from the deputy clerk of the Superior Court} nrust accompany your answer or motion when
is filed, You must also send a copy of your enswer or motion to plaintifPs altorney whose name and address appear above,
of to plaintiff, ifn attomey is named above. A telephone call will not protect your rights; you must file and serve a written
answer or motion (with fee of $175.00 and completed Case information Statement) if you want the court to hear your
defense.

you do not file and serve a written answer or motion within 35 days, the court may enter a judgment against you for
the relief plaintiff demands, plus interest and costs of suit. If judgment is entered against you, the Sheriff may seize your
money, wages of property to pay all of part of the judgment,

If you cannot afford an attomey, you may call the Legal Services office in the county where you live or the Legal
Services of New Jersey Statewide Hotline at 1-888-LSNJ-LAW (1-888-576-5529), Ifyou do not have an altorney and are
not eligible for free legal assistance, you may obtain a referral io an attorney by calling one of the Lawyer Referral Services.
A directory with contact information for local Legal Services Offices and Lawyer Referral Services is available in the Civil
Division Management Office in the county listed above and online at
Dttnw//wew nicourts. gow! 10153 depivelerklawrefodf,

Clerk of the Superior Court

DATED: 98/11/2023
Name of Defendant to Be Served: DMS Express, Inc., 435 Allwood Rd,, Clifton, NJ 67012

Address of Defendant to Be Served: 12 Mozart Ave, Little Falls, NJ07424

Revised 11/17/2014, CN 10792-English (Appendix KILA)
PAS-L-001988-23 10/04/2023 4:24:43 PM Pg3of10 Trans ID: LCV20233044644

PAS-L-001955-23 07/21/2023 1:37:43 PM Pg tof? Trans 1D: LCV20232148217

Aleksandr Barakh, Esq.
Attomey 1D: 039752004
Barakh Law Firm, LLC
260 Columbia Ave., Ste 18
Fort Lae, NI 67024
(201) 224-9904
Attomeys for Plaintiff

SUPERIOR COURT OP NEW JERSEY
FATIMA CHEIKHALL LAW DIVISION: PASSAIC COUNTY

Plaintifi,
pocxerno: PAS~L-/ 965-23
“VS
Civil Action
DMS EXPRESS, INC.; and
JOHN DOE (Name being fictitious);
ABC COMPANY (Name being fictitious},
COMPLAINT AND JURY DEMAND
Defendant(s).

Plaintif FATIMA CHEIKBALI, by the way of complaint, states:

inst COUNT
1. Theat on or about August 1, 2021, the plaintiff FATIMA CHEIKHALI was a
driver of a motor vehicle traveling on or neat Allwood Road, in or near City of Clifton,
County of Passaic, and State of New Jersey.

2. Thai on or about August 1, 2021, the defendant(s) JOHN DOL. (name being
fictitious), negligently operated, maintained
and controlled g motor vehicle being known
a3.a 2017 Truck with NJ license plate TVD4IS,

3. That on or about August 1, 2021, the defendant(s} JOHN DOE (name being
fictitious); DMS EXPRESS, INC. and ABC COMPANY (Name being fictitious),
negligently owned, controlled and improperly maintained and operated theif. motor
vehicle(s} on or near Allwood Road, ix or near City of Clifton, County of Passaic, and
State of New Jersey.

4, As the result of the negligence of the defendants above, the motor vehicle(s)
owned, leased and operaied by the defendant were caused to collide with plaintiff's
vehicie.
PAS-L-001988-23 10/04/2023 4:24:43 PM Pg4of10 Trans ID: LCV20233044644

PAS--001965-23 07/21/2023 1:37:43 PM Pg 2of? Trans iD: LCV20232148217

5. That the aforementioned accident occurred wholly and solely as a result of the
negligence of the defendants in the ownership, operation, maintenance and control of
their motor vehicle,

6, As a direct and proximate result of sald accident, the plaintiff, FATIMA
CHEIKHALL, sustained severe and grievous personal injuries; tas and will be compelled
to seek medical treatment; has and will be incapacitaied from her normal activities; has
sustained pain and will suffer in the future; and has sustained permanent injuries.

7, Ag the result of the accident, plaintiff sustained injuries that have met the
provisions of the Automobile Insurance Cost Reduction Act.

WHEREFORE, based upon the foregoing the plaintiff, FATIMA CHEIKHALI,
demands judgment against the defendants for said sums that would reasonably and
properly compensate her ia accordance with the laws of the State of New Jersey together
with interes: and court costs,

SECOND COUNT

8. Plaintiff‘ restates each and-every allegation contained in paragraphs 1-7 of his
Complaint as if fully re-written herein,

9. That the Defendant(s), DMS EXPRESS, INC.; JOHN -DOE (name being
fictitious}; and ABC COMPANY (Name being fictitious) is liable for the negligent
actions of its employees, agents, servants, independent contractors and/or workinen.

10. That Defendant(s), DMS EXPRESS, INC.; JOHN. DOE (ame being
fictitious»; and ABC COMPANY (Name being fietitious}- negligently hired, trained,
supervised, cenirolied and monitored actions of its. employees, agents, servants,
independent contractors and/or workmen.

it. That as a direet and proximate result of DMS EXPRESS, INC.; JOHN DOB
{name being fictitious); and ABC-COMPANY (Nume being fictitious) negligent and
reckless conduct ia hiring, training, controlling, monitoring, supervising
‘its employees,
agents, servants, independent contractors and/or workmen and negligent actions of its
employees, agents, servants, Independent contractors-and/or workmen, Plaintiff sustained
serious and permanent injuries.

32. That Defendant is liabie for Plaintiff's injuries.

WHEREFORE, based upon the foregoing the plaintiff, FATIMA CHEIKHALI
demands judgment against the defendants for said sums that would reasonably and
properly compensate her in accordance with the laws of the State of New Jersey together
PAS-L-001988-23 10/04/2023 4:24:43 PM Pg5of10 Trans ID: LCV20233044644

PAS-L-007965-23 07/21/2023 1:37:43 PM Pg3of? Trans iD: \Cv20232148217
,

with interest and court costs.

JURY DEMAND

Plaintiffs hereby demand a trial by jury as‘to all issues in this matter.

DESIGNATION OF TRIAL ATTORNEY

in accordance with R.4:25-4, Aleksandr Barakh, Esq., is namedas the Designated Trial
Attomey for this matter.

DATED: July 21, 2023
- fe
Aleksandr Baraich,
Attomey for the Plaintiff

INTERR TORIES

Demand is herein made for each named defendant to supply fully responsive
answers to Interrogatories, Forms C and Form C(I} from Appendix II of the Current New
Jersey Court Rules as required by R40 7-1).

DEMAND FOR ANSWE ‘O SUPPLIN E ATOR

Pursuant to Rule 4:17-1 et seq. plaintiffhere by demands that all defendants
provide answers to the following supplemental interrogatories,

1. State where you were coming from immediately prior to'the incident. and what
wes your intended destination.

2. State whether you observed the plaintiff or plaintifi’s vehicle prior te the
collision. 1f yes, state the approximate speed of each vehicie/person; where you were at
the time you first observed the other vehicle/person;. the distance between you and the
other vehicle/person at the first moment you observed the other vehicle/person; and the
amount of time that passed from the time of your first'observation to the time of the
impact.

3. Provide the name and address of any individuals or entities that you allege are
responsible for the subject accident or plaintiff's alleged injuries. Please describe how
you helieve those individuals or entities are responsible.
PAS-L-001988-23 10/04/2023 4:24:43 PM Pg6of10 Trans ID: LCV20233044644

PAS-L-001985-23 07/21/2023 1:37:43 PM Pg4of? Trans iD: LCV20232148217
:

4. Provide the name, employment status, relationship, address and phorie number
of the individuai/driver operating defendant's vehicle at the time of he accident.

DEMAND FOR PRODUCTION OF DOCUMENTS

Pursuant to Rule 4:18-1 et seq., plaintiff here by demands that ali defendants
provide the following documents:

1, Aay and alf statements or reports made by any person or governmental entity
concerning this civil action or its subject matter.

2, Copies of any and all photographs in your possession of the vehicles, the
jocation, or the parties in this accident.

3. Copies of any and all repairs estimates of the vehicles involved in this accident.

4, Copies of any claims information bureau or other insurance claims searches or
ather documents referencing any prioror subsequent injuries and/or claims by the
plaintiff,

5. Copies of any statements orade by any person with regard to the happening of
the cellision or having to do with the subject matter of this action.

6, Copies of any and all expert reports, reports of diagtostic.tests, hospital and
medical records, X-rays, CAT sean films, MRI flims and any other films and bills
relating to any condition or injury sustained by the plaintiff.

7. Copies of all written reports or summaries of oral reports of all expert or
treating or examining physicians along with thelr curriculum vitae.

8. Copies of any and all books, treaties, commentaries, reports, statutes, codes,
ordinances, roles, regulations or other published documents referted ta, utilized by or
relied upon by any expert witness whor plaintifi/defandant intends to call at the time of
trial

9, Copies of any and all documents, reports, correspondence, bine prints, charts,
diagrams, drawings, gra

Case Info

Judge

Adam E Jacobs Track Judge’s New Case

Case No.

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Document Filed Date

October 04, 2023

Case Filing Date

July 25, 2023

County

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Motion,Ex Parte: Geico Vs Dms Express Inc.

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