Motion to Quash in Smart Healthcare Sol Utions Vs The Cor Behaviora| Trellis.Law

On July 06, 2020 a Motion,Ex Parte was filed involving a dispute between Smart Healthcare Solutions, The Cor Behaviouralgroup Llc, and Baker Street Behavioral Health, Cor Holdings, Llc, Cor Strength, Llc, Daniel Garcia, Dr. Joe Galasso, Evan Carlson, Heather Garcia, Kimberly Porter, Kv Adaptive, Limitedliability, Omnes, Llc, The Cor Behavioral Group, for Contract/Commercial Transaction in the District Court of Bergen County.

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DANIEL S. EICHHORN, ESQ.
ATTORNEY I.D. #035731996
CULLEN AND DYKMAN LLP
433 HACKENSACK AVENUE
HACKENSACK, NEW JERSEY 07601
(201) 488-1300
(201) 488-2460 (TELECOPIER)
ATTORNEYS FOR PLAINTIFF COUNTERCLAIM-DEFENDANT,
SMART HEALTHCARE SOLUTIONS CORP.
SMART HEALTHCARE SOLUTIONS
CORP., SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff, DOCKET NO. BER-L-003891-20

vs. Civil Action

THE COR BEHAVIORAL GROUP LLC,
EVAN CARLSON, DR. JOE GALASSO and
KIMBERLY POTTER aka KIMBERLY NOTICE OF MOTION FOR ORDER
MITCHELL, KV ADAPTIVE, LIMITED QUASHING IN PART TWO (2)
LIABILITY COMPANY, BAKER STREET SUBPOENAS DUCES TECUM
BEHAVIORAL HEALTH, LLC, COR
STRENGTH, LLC, COR HOLDINGS, LLC
and OMNES, LLC,

Defendants.

THE COR BEHAVIORAL GROUP LLC,

Counterclaim and Third-Party Plaintiff,

vs.

SMART HEALTHCARE SOLUTIONS
CORP., HEATHER GARCIA AND DANIEL
GARCIA.

Counterclaim and Third-Party
Defendants.

TO: Guillermo C. Artiles, Esq.
McCarter & English, LLP
Four Gateway Center
100 Mulberry Street
Newark, New Jersey 07102
Attorneys for Defendants
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SIR:

PLEASE TAKE NOTICE that on Friday, June 11, 2021 at 9:00 o’clock in the forenoon

or as soon thereafter as counsel may be heard the undersigned, Cullen and Dykman LLP,

attorneys for plaintiff, shall apply to the Superior Court of New Jersey, Law Division, 10 Main

Street, Hackensack, New Jersey 07601, by motion for an Order quashing the Subpoenas Duces

Tecum served upon CIGNA and Horizon Blue Cross and Blue Shield.

PLEASE TAKE FURTHER NOTICE that Plaintiff shall rely upon the Letter Brief and

Certification of Counsel with exhibits.

PLEASE TAKE FURTHER NOTICE that oral argument is requested only if this

motion is opposed.

PLEASE TAKE FURTHER NOTICE that a proposed form of Order is annexed

hereto.

CULLEN AND DYKMAN LLP
Attorneys for Plaintiff

By: /s/ Daniel S. Eichhorn
Daniel S. Eichhorn

Dated: May 14, 2021

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CERTIFICATION OF FILING AND SERVICE

I certify that on May 14, 2021, the within Notice of Motion, Letter Brief, Certification of
Counsel with exhibits, and proposed form of Order were filed with the Clerk, Law Division,
Superior Court of New Jersey, Bergen County Justice Center, 10 Main Street, Hackensack, New
Jersey 07601, via E-Courts.

I further certify that on May 14, 2021, copies of the above documents were served upon
Defendant’s counsel via E-Courts as follows:

Guillermo C. Artiles, Esq. Email: gartiles@mccarter.com
McCarter & English, LLP
Four Gateway Center
100 Mulberry Street
Newark, New Jersey 07102

I further certify that on May 14, 2021, copies of the above documents were served upon
the following additional counsel via e-mail and overnight mail as follows:

Evan S. Neadel, Esq. Email: Evan_Neadel@horizonblue.com
c/o Horizon Blue Cross Blue Shield
3 Penn Plaza, Suite 16F
Newark, New Jersey 07105

Jason Haplin, Esq. Email: jhalpin@gibbonslaw.com
Gibbons, P.C.
One Gateway Center
Newark, New Jersey 07102
Counsel for CIGNA

I further certify that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements made by me are willfully false, I am subject to punishment.

/s/ Daniel S. Eichhorn
_______________________________
Daniel S. Eichhorn
Dated: May 14, 2021

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vs. Civil Action

THE COR BEHAVIORAL GROUP LLC,
EVAN CARLSON, DR. JOE GALASSO and
KIMBERLY POTTER aka KIMBERLY ORDER
MITCHELL, KV ADAPTIVE, LIMITED
LIABILITY COMPANY, BAKER STREET
BEHAVIORAL HEALTH, LLC, COR
STRENGTH, LLC, COR HOLDINGS, LLC
and OMNES, LLC,

Defendants.

THE COR BEHAVIORAL GROUP LLC,

Counterclaim and Third-Party Plaintiff,

vs.

SMART HEALTHCARE SOLUTIONS
CORP., HEATHER GARCIA AND DANIEL
GARCIA.

Counterclaim and Third-Party
Defendants.

THIS MATTER having been opened to the Court on motion of Cullen and Dykman

LLP, attorneys for Plaintiff, Smart Healthcare Solutions Corp., for Order quashing in part the

Subpoenas Duces Tecum served upon CIGNA and Horizon Blue Cross and Blue Shield; on notice
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to Guillermo C. Artiles, Esq., counsel for Defendants, and counsel for CIGNA and counsel for

Horizon Blue Cross Blue Shield; and the Court having reviewed the moving papers and all

papers submitted in opposition thereto, and for good cause shown;

IT IS on this ______ day of ________________, 2021,

ORDERED that Plaintiff’s application for an Order quashing demands numbered 17, 18, 19

and 21 of the Subpoena Duces Tecum served by Defendants on CIGNA is hereby GRANTED and

demands numbered 17, 18, 19 and 21 of said Subpoena Duces Tecum are hereby quashed; and, it is

further

ORDERED that Plaintiff’s application for an Order quashing demands numbered 17, 18, 19

and 21 of the Subpoena Duces Tecum served by Defendants on Horizon Blue Cross Blue Shield is

hereby GRANTED and demands numbered 17, 18, 19 and 21 of said Subpoena Duces Tecum are

hereby quashed; and, it is further

ORDERED that a copy of the within Order shall be served upon all counsel and parties

of record within ______ days of the date hereof.

_____
J.S.C.

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vs. Civil Action

THE COR BEHAVIORAL GROUP LLC,
EVAN CARLSON, DR. JOE GALASSO and
KIMBERLY POTTER aka KIMBERLY
MITCHELL, KV ADAPTIVE, LIMITED
LIABILITY COMPANY, BAKER STREET CERTIFICATION OF
BEHAVIORAL HEALTH, LLC, COR DANIEL S. EICHHORN
STRENGTH, LLC, COR HOLDINGS, LLC
and OMNES, LLC,

Defendants.

THE COR BEHAVIORAL GROUP LLC,

Counterclaim and Third-Party Plaintiff,

vs.

SMART HEALTHCARE SOLUTIONS
CORP., HEATHER GARCIA AND DANIEL
GARCIA.

Counterclaim and Third-Party
Defendants.

I, DANIEL S. EICHHORN, ESQ., of full age, certify as follows:

1. I am an attorney at law of the State of New Jersey and a partner with the law firm of

Cullen and Dykman LLP, attorneys for Plaintiff and Counterclaim and Third-Party Defendants,
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Smart Healthcare Solutions, Corp. and Heather Garcia and Daniel Garcia (collectively referred to as

“Smart”). I make this Certification in support of Smart’s motion for an Order quashing in part the

Subpoenas Duces Tecum served upon CIGNA and Horizon Blue Cross and Blue Shield dismiss by

Defendants.

2. On or about May 6, 2021, counsel for Defendant’s served a Subpoena Duces Tecum

returnable on May 17, 2021 on CIGNA. (A copy of the Subpoena is attached hereto as Exhibit “A”.)

3. On or about May 11, 2021, counsel for Defendant’s served another Subpoena Duces

Tecum returnable on May 21, 2021, containing the identical document request of the prior subpoena,

upon Horizon Blue Cross Blue Shield. (A copy of the Subpoena is attached hereto as Exhibit “B”.)

4. On May 11, 2021, as a good faith effort to resolve this discovery dispute, I sent a letter

via e-mail to counsel for Defendants attached hereto as Exhibit “C”. Requesting the removal of

Demand 19 and revisions to other demands.

5. On May 13, 2021, counsel for Defendants sent a letter agreeing to the revision to

Demand No. 2 and not agreeing to any of the other requests made in order to avoid the within

motion. A copy of Defendants’ counsel’s letter is attached hereto as Exhibit “D”.

6. Attached hereto as Exhibits “E” and “F” are Plaintiff’s Amended Complaint and

Defendants Answer with Counterclaim and Third-Party Complaint.

I certify that the foregoing statements made by me are true. I am aware that if any of the

foregoing statements made by me are willfully false, I am subject to punishment.

/s/ Daniel S. Eichhorn
____________________________________
Daniel S. Eichhorn

Dated: May 14, 2021

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EXHIBIT A
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Guillermo C. Artiles (ID# 906432012)
Mark M. Makhail (ID# 060372013)
Omar A. Bareentto (ID# 262592018)
McCARTER & ENGLISH, LLP
Four Gateway Center
100 Mulberry Street
Newark, New Jersey 07102
T: (973) 622-4444
F: (973) 624-7070

Attorneys for Defendants/Counterclaimants and
Third-Party Plaintiffs The COR Behavioral
Group, Evan Carlson, Dr. Joe Galasso,
Kimberly Potter aka Kimberly Mitchell, KV
Adaptive, Limited Liability Company, Baker
Street Behavioral Health, LLC, COR Strength,
LLC, COR Holdings, LLC and OMNES, LLC

SMART HEALTHCARE SOLUTIONS
CORP., SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff,
DOCKET NO. BER-003891-20
vs.
CIVIL ACTION
THE COR BEHAVIORAL GROUP LLC,
EVAN CARLSON, DR. JOE GALASSO and
KIMBERLY POTTER aka KIMBERLY
MITCHELL, KV ADAPTIVE, LIMITED
LIABILITY COMPANY, BAKER STREET SUBPOENA DUCES TECUM
BEHAVIORAL HEALTH, LLC, COR
STRENGTH, LLC, COR HOLDINGS, LLC
and OMNES, LLC,

Defendants.

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THE COR BEHAVIORAL GROUP LLC,

Counterclaim and Third-Party Plaintiff,

vs.

SMART HEALTHCARE SOLUTIONS
CORP., HEATHER GARCIA AND DANIEL
GARCIA.

Counterclaim and Third-Party Defendants.

THE STATE OF NEW JERSEY, TO:

John J. Bogan
SVP Chief Counsel
c/o CIGNA
1601 Chestnut Street –TL7H
Philadelphia, PA 19192

YOU ARE HEREBY COMMANDED to produce for inspection and copying the

documents specified in Schedule A, attached hereto, to McCarter English, LLP, Four

Gateway Center, 100 Mulberry Street, Newark, NJ 07102, by May 17, 2021, or at such date

and location upon which the parties, including You and all counsel may mutually agree or the

Court may otherwise order. The date for Your deposition will be set after receipt of the

documents. Please telephone counsel to arrange for the production of documents.

PLEASE TAKE FURTHER NOTICE that the subpoenaed evidence shall not be

produced or released until the date specified above, and if You receive notice that a motion to

quash this subpoena has been filed, You shall not produce or release the subpoenaed evidence

until ordered to do so by the Court or the release is consented to by all parties to this lawsuit.

PLEASE TAKE FURTHER NOTICE that failure to appear to the command of this

Subpoena may subject You to a penalty, damages in a Civil Suit and punishment for contempt of

Court.

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Dated: May 5, 2021

/s/ Guillermo C. Artiles /s/ Michelle M. Smith
_______________________________ ________________________________
Guillermo C. Artiles MICHELLE M. SMITH, Clerk
McCARTER & ENGLISH, LLP
Attorneys for Defendants/Counterclaimants
and Third-Party Plaintiffs The COR
Behavioral Group, Evan Carlson, Dr. Joe
Galasso, Kimberly Potter aka Kimberly
Mitchell, KV Adaptive, Limited Liability
Company, Baker Street Behavioral Health,
LLC, COR Strength, LLC, COR Holdings, LLC
and OMNES, LLC

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SCHEDULE A
DEFINITIONS

1. The term “Action” means the above-captioned instant action titled Smart
Healthcare Solutions Corp. v. The COR Behavioral Group LLC, et al., Docket No. BER-003891-
20.

2. The term “Communication” means any transmittal of information (in the form of
facts, ideas, inquiries, photographs, drawings or otherwise) and shall include, without limitation,
any oral, written, or electronic transmission of information, including but not limited to
correspondence, facsimile transmissions, electronic mail (e-mail), all attachments and enclosures
thereto, recordings in any medium of oral Communications, telephone logs, message logs, and
notes and memoranda Concerning written or oral Communications, and any translations thereof.

3. The terms “Concerning,” “Relating to,” “Regarding,” “Reflecting,” and any
variant thereof, means relating to, regarding, referring to, concerning, reflecting, involving,
pertaining to, containing, describing, evidencing, discussing, analyzing, recording, embodying or
constituting the subject matter described in the category of documents.

4. The terms “and” and “or” shall be construed either conjunctively or disjunctively
as necessary to bring within the scope of the Subpoena all responses that might otherwise fall
outside the scope of this Subpoena.

5. The terms “any,” “all,” or “each” encompass any and all matter discussed.

6. The use of singular form includes plural, and vice versa.

7. The use of present tenses include past tense, and vice versa.

8. The term “COR” shall refer to The COR Behavioral Group LLC, its officers,
partners, employees, contractors, directors, affiliates, agents, Representatives and other persons
or entities acting on its behalf.

9. The term “Defendants” means, individually or collectively, all Defendants/
Counterclaimants and Third-Party Plaintiffs in this Action, as well as their agents,
representatives, and any other Persons acting on their behalf.

10. The term “Document” or “Documents” as used herein, includes, but shall not be
limited to, any written or graphic matter of any kind or character, however produced or
reproduced; any electronically or magnetically recorded matter of any kind or character, however
produced or reproduced; and any other matter constituting the recording of data or information
upon any tangible thing by any means, as well as any tangible thing on which information is
recorded in writing, sound, electronic or magnetic impulse, or in any other manner, including,
but not limited to, paper, cards, tapes, film, electronic facsimile, e-mails, computer storage
devices, computer discs or any other media. For the purpose of this definition, “matter” shall
include, but shall not be limited to, paper, cards, tapes, film, electronic facsimile, e-mails,
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computer storage devices, computer discs, memoranda, notes, minutes, records, photographs,
correspondence, telegrams, diaries, bookkeeping entries, financial statements, tax returns,
checks, check stubs, reports, studies, charts, graphs, statements, notebooks, handwritten notes,
applications, agreements, contracts, letters of intent, books, pamphlets, periodicals, appointment
calendars, notes, records, recordings and transcripts of oral conversations, and work papers, and
shall also include, but shall not be limited to, originals plus all copies which are different in any
way from the original whether by handwritten notes, interlineation, receipt stamp notation,
indication of copies sent or received, or otherwise, as well as all preliminary versions, drafts or
revisions of any of the foregoing and any supporting, underlying or preparatory material, which
are in Your possession, custody, or control or in the possession, custody, or control of Your
present or former agents, Representatives or attorneys, or any and all Persons acting on their
behalf.

11. The term “Identify,” when referring to a person, means to give, to the extent
known, the person’s full name, present or last known address, and when referring to a natural
person, additionally, the present or last known place of employment. Once a person has been
identified in accordance with this subparagraph, only the name of that person need be listed in
response to subsequent discovery requesting the identification of that person.

12. The term “Identify,” when referring to Documents, means to give, to the extent
known, the (i) type of document; (ii) general subject matter; (iii) date of the document; and (iv)
author(s), addressee(s) and recipient(s).

13. The terms “Person” or “Persons” mean any natural person or any business, legal
or governmental entity, or association.

14. The term “Smart” means Plaintiff/Counterclaim-Defendant Smart Healthcare
Solutions Corp., its officers, partners, employees, contractors, directors, Affiliates, agents,
shareholders, Representatives and other persons or entities acting on its behalf.

15. “You” or “Your” refers to the responding party and any agent of the responding
party.

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INSTRUCTIONS

1. This subpoena is continuing in nature. Responses to this subpoena shall be
supplemented or amended, or both, under oath, from time to time as necessary. Any information
obtained subsequent to the production which would have been included in the production had it
been known shall be supplied promptly by supplemental production whenever such information
is found, located, acquired or created.

2. A complete and legible copy certified to be a true and complete copy may be
produced in lieu of producing the Document itself.

3. With respect to Documents produced, You shall produce them as they are kept in
the usual course of business or shall organize and label them to correspond with each numbered
paragraph and each lettered subparagraph of this Subpoena in response to which such
Documents are produced.

4. If any Documents cannot be produced in full, produce to the extent possible,
specifying the reasons for the inability to produce the remainder.

5. In the event that any Document, or any portion of any Document, within the scope
of this Subpoena is withheld from production upon a claim of privilege, work product, or for any
other reason, You are requested to provide Defendants with a list identifying each Document so
withheld, together with the following:

a. a statement constituting the basis for any claim or privilege, work product,
or other ground of non-disclosure; and

b. a brief description of the Document, including:

i. the date of the Document;

ii. the number of pages, attachments and appendices;

iii. the name(s) of its author(s) or preparer(s) and an identification by
employment and title or each such Person;

iv. the name(s) of each Person to whom the Document, or a copy thereof,
was sent, shown or made accessible, or to whom it was explained,
together with an identification of each such Person;

v. the subject matter of the Document; and

vi. the paragraph of this Request to which the Document relates.

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DOCUMENTS TO BE PRODUCED

1. All Communications between You and COR.

2. All Communications between You and Smart.

3. Any and all Documents governing Your relationship with COR, including, but not
limited to contracts and/or agreements from May 2014 to present.

4. Any and all Documents reflecting Your policies and procedures as it pertains to
COR and its claims, bills, authorizations, and/or appeals, from May 2014 to present.

5. All Documents reflecting payment by You to COR for services rendered by COR
to its clients, from May 2014 to present.

6. All Documents reflecting any bills, claims, authorizations and/or appeals to were
rejected or denied by You as it related to COR, from May 2014 to present, including any and all
Documents providing a reason for the rejection or denial.

7. All Communications between You and Heather Garcia relating to, or referencing,
COR.

8. All Communications between You and Daniel Garcia relating to, or referencing,
COR.

9. All Documents indicated that Smart was authorized to act on COR’s behalf.

10. All Documents and/or Communications relating to claims submitted on behalf of
COR.

11. All Documents and/or Communications relating to authorizations submitted on
behalf of COR.

12. All Documents and/or Communications relating to appeals submitted on behalf of
COR.

13. All Documents and/or Communications relating to bills and/or invoices submitted
on behalf of COR.

14. All Documents and/or Communications relating to rejected bills, claims,
authorizations, and/or appeals relating to COR.

15. All Documents and/or Communications provided by You to Smart in connection
with Your policies and procedures for submitting bills, claims, invoices, authorizations, and/or
appeals on behalf of service providers.

16. All Documents and/or Communications relating to Your investigation into
Smart’s conduct in relation to COR.

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17. All Documents and/or Communications relating to Your investigation into
Smart’s conduct in relation to entities and/or service providers other than COR.

18. All Documents and/or Communications relating to sanctions and/or penalties
imposed by You on entities and/or service providers other than COR where Smart represented
said entity or provider.

19. All Documents and/or Communications providing a complete and accurate list of
all entities and/or services providers, other than COR, that Smart made submissions to You on its
behalf.

20. All Documents and/or Communications relating to Your determination that Smart
violated Your billing, claims, authorization, or appeal procedure in relation to COR.

21. All Documents and/or Communications relating to Your determination that Smart
violated Your billing, claims, authorization, or appeal procedure in relation to entities and/or
service providers other than COR.

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EXHIBIT B
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Defendants.
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THE COR BEHAVIORAL GROUP LLC,

Counterclaim and Third-Party Plaintiff,

vs.

SMART HEALTHCARE SOLUTIONS
CORP., HEATHER GARCIA AND DANIEL
GARCIA.

Counterclaim and Third-Party Defendants.

THE STATE OF NEW JERSEY, TO:

Mr. Evan S. Neadel, Esq.
c/o Horizon Blue Cross Blue Shied
3 Penn Plaza, Suite 16F
Newark, NJ 07105

YOU ARE HEREBY COMMANDED to produce for inspection and copying the

documents specified in Schedule A, attached hereto, to McCarter English, LLP, Four

Gateway Center, 100 Mulberry Street, Newark, NJ 07102, by May 21, 2021, or at such date