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CPM-L-000281-22 11/06/2023 10:08:43 AM Pglof3 Trans ID: LCV20233304408 |
PATRICK C. JOYCE, ESQUIRE (011532010)
HYBERG, WHITE & MANN
A Professional Corporation
2111 New Road Suite 105
Executive Plaza
Northfield, NJ 08225
(609) 407-1000
Attorneys for Plaintiff
MICHAEL KLEMICK, :SUPERIOR COURT OF NEW JERSEY
:LAW DIVISION
Plaintiff, :CAPE MAY COUNTY
THOMAS WELSH BUILDERS, LLC, TIM
SHEA, STEPHEN W. BEATO
CONSTRUCTION and JOHN DOES
2-10 (fictitious names), : DOCKET NO. CPM-L-281-22
Defendants
AND
STEPHEN W. BEATO CONSTRUCTION
Third Party Plaintiff
vs.
WHEELER ELECTRIC, INC., JOHN : NOTICE OF MOTION
DOES 1-6 AND JOHN DOES
CORPORATIONS 1-6 :
Third Party Defendant :
To Carmelo Torraca, Esquire
Attorney for Defendant Thomas Welsh Builders, LLC
Paul D. Kelly, Esquire
Attorney for Defendant Stephen W. Beato Construction
Kevin McKeon, Esquire
Attorney for Wheeler Electric
David DeWeese, Esquire
Attorney for Defendant Tim Shea
—
cP 00281-22 11/06/2023 10:08:43 AM Pg2of3 Trans ID: LCV20233304408°
PLEASE TAKE NOTICE that on Friday, December 1, 2023 at 9:00 A.M. in the
forenoon or as soon thereafter as counsel may be head, the undersigned attorneys for
plaintiff will move before the Superior Court of New Jersey, Law Division, Cape May
County, at the Court House, 9 N. Main Street, Cape May Court House, New Jersey for
an Order extending discovery.
TAKE FURTHER NOTICE that the undersigned will rely upon the attached
Certification.
TAKE FURTHER NOTICE that in accordance with Civil Practice Rule |:6-2, we
hereby request that this matter be submitted to the Court for ruling on the attached
papers. A copy of the proposed Order is attached. In the event opposition papers are
filed, the undersigned requests oral argument.
HYBERG, WHITE & MANN
Attorneys for Plaintiffs
Patrick C. Joyog, Esquire
Dated: 11/6/23
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg3of3 Trans ID: LCV20233304408
CERTIFICATION PURSUANT TO RULE 4:5-1
1, Patrick C. Joyce, Esquire, attorney for Plaintiff, in the within action, certify as
follows:
1 Arbitration is currently scheduled for January 3, 2024.
2 There is no other action or arbitration proceeding contemplated.
HYBERG, WHITE & MANN
Attorneys for Plaintiffs
By:
Patrick C. Joy squire
Dated: Ut/l/a3
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg1lof26 Trans ID: LCV20233304408
PATRICK C. JOYCE, ESQUIRE (011532010)
HYBERG, WHITE & MANN
A Professional Corporation
2111 New Road Suite 105
Executive Plaza
Northfield, NJ 08225
(609) 407-1000
Attorneys for Plaintiff
MICHAEL KLEMICK, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, CAPE MAY COUNTY
THOMAS WELSH BUILDERS, LLC, TIM
SHEA, STEPHENW. BEATO
CONSTRUCTION and JOHN DOES 2- 10:
(fictitious names),
Defendants
4
VS. DOCKET NO. CPM-L-281-22
THOMAS WELSH BUILDERS, LLC
Third Party Plaintiff
VS. CERTIFICATION OF PATRICK C. JOYCE
WHEELER ELECTRIC, INC., JOHN
DOES 1-6 AND JOHN DOES
CORPORATIONS 1-6
Third Party Defendant :
|, PATRICK C. JOYCE, Esquire, certi
as follows:
fy
4
| am an attorney at law of the State of New Jersey and a partner in the law
firm of Hyberg, White & Mann, attorneys for Plaintiff. | am fully familiar with the matters
and circumstances of the within matter.
2 This Certification is being made in support of Plaintiff's Motion to Extend
Discovery for 120 days.
3 In support of this Motion, Plaintiff will rely upon the instant Certification
brief, and all exhibits attached hereto.
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg2of26 Trans ID: LCV20233304408
4 The instant matter arises from personal injuries sustained by the Plaintiff
on 9/14/20, while he was working in the course and scope of his employment as an
electrician, specifically when he fell on an exterior deck to the property which was still
under active construction at the time.
5 On 8/4/2022, plaintiff filed the Complaint. Exhibit “A”
6. On 2/22/2023, plaintiff filed an Amended Complaint and added as an
additional defendant Stephen W. Beato Construction, the entity responsible for framing
the exterior deck where plaintiff fell, as identified by the Defendant Thomas Welsh
Builders, LLC (General Contractor) in discovery. Exhibit “B”
7 The parties have been diligent in discovery. Paper discovery has been
substantially completed.
8 There are approximately seven (7) fact witness depositions required in this
case. Five (5) out of the seven (7) fact witness depositions have been completed.
9. On 10/27/2023, Plaintiff attempted to conduct the deposition of Stephen
Beato (on behalf of Beato Construction — deck framer). However, Mr. Beato’s
deposition was interrupted and had to be stopped due to health issues of the witness.
10. The remaining two (2) fact witness depositions, including Mr. Beato’s and
his son Michael Beato, have now been re-scheduled for 12/5/2023.
11. On 10/2/23, the parties also conducted a site inspection of the exterior
deck where plaintiffs fall occurred, which was completed by each parties proposed
liability expert.
12. However, the exchange of expert liability reports has been delayed due to
the remaining fact witness depositions noted above.
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg3of26 Trans ID: LCV20233304408
13. Following the conclusions of the fact witness depositions and exchange of
expert liability reports, the parties have further agreed to mediation in this matter. The
parties are now in the process of selecting and scheduling a mediator. It is anticipated
this matter will be ready to mediate by the end of March 2024.
14. This Motion is being filed and returnable prior to the expiration of the
discovery end of 12/15/23.
15. A prior sixty (60) day extension of discovery (the mandatory 60 day
extension under Best Practices) has been previously granted. There was an Order dated
8/29/23 extending discovery to 12/15/23. A copy of said Order is attached.
16. Arbitration is currently scheduled for 1/3/24. No trial date has been set in
this matter.
17. Prior to the filing of the instant Motion, Plaintiffs counsel conferred with
counsel for all Defendants, who have indicated no objection to the requests contained
herein and the parties agree as to the remaining discovery needed.
18. For the reasons noted above, Plaintiff respectfully requests discovery in this
matter be extended for a period of 120 days.
19. A proposed Order is attached.
| 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.
Hyberg, White & Mann
ov. Maal C
Patrick C. Jdyed) Esquire
Dated: 11/6/2023 Attorney for Plaintiff
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg4of26 Trans ID: LCV20233304408
EXHIBIT A
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg5of26 Trans ID: LCV20233304408
™ CPM-L-000281-22 08/04/2022 1:19:28 PM Pg 1of7 Trans ID: LCV20222826613
PATRICK C. JOYCE, ESQUIRE (011532010)
HYBERG, WHITE & MANN
A Professional Corporation
2111 New Road Suite 105
Executive Plaza
Northfield, NJ 08225
(609) 407-1000
Attorneys for Plaintiff
MICHAEL KLEMICK, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, ‘CAPE MAY COUNTY
DOCKET NO. CPM-L-
THOMAS WELSH BUILDERS, LLC, TIM
SHEA, and JOHN DOES 1-10
(fictitious names), COMPLAINT AND JURY DEMAND
Defendants i:
2
Plaintiff, Michael Klemick, residing at 34 Easton Drive, Sicklerville, New Jersey
C
through counsel, complains of personal injuries against the Defendants.
JURISDICTION
Plaintiff bases the subject matter jurisdiction on the fact that the events
complained of occurred in the State of New Jersey and in personam jurisdiction is
based on the fact that the Plaintiff and Defendants were present in the State of New
Jersey at the time of the accident.
FIRST COUNT
1 On or about September 14, 2020, Plaintiff Michael Klemick was lawfully
on the premises of 988 18 Avenue, Avalon, New Jersey, working in the course and
scope of his employment with Wheeler Electric, Inc.
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 6 of 26 Trans ID: LCV20233304408
CPM-L-000281-22 08/04/2022 1:19:28 PM Pg2of7 Trans ID: LCV20222826613
2 At all times material hereto, Defendant Tim Shea was the owner of the
property located at 988 1*t Avenue, Avalon, NJ.
3 At all times material hereto, Defendant Tim Shea contracted with
Defendant Thomas Welsh Builders, LLC, to serve as general contractor to perform
certain repair and/or construction work to the property, including but not necessarily
limited to, the building of a deck onthe rear of the property.
4 At all times material hereto, Defendant Thomas Welsh Builders, LLC
served as the general contractor for the repair and/or construction work at the property,
including the building of the deck, and contracted with Plaintiff's employer, Wheeler
Electric, Inc., to serve as sub-contractor on the deck building, project.
5. Defendant Thomas Welsh Builders, LLC's, last known address is 2589
Ocean Drive, Avalon, NJ 08202.
6 As the general-contractor, Defendant Thomas Welsh Builders, LLC, was
responsible for oversight of the deck construction project.on the property. In that
capacity, Defendant Thomas Welsh Builders, LLC's duties included, but were not
necessarily limited to, inspecting, maintaining and repairing said premises and deck
area in a safe. condition which was reasonably fit and safe, as well as hiring competent a
and duly licensed contractors to perform repair and/or construction work on the
premises.
E
7 At all times material hereto, the premises located at 988 1% Avenue were
in-an unreasonably dangerous condition, including but not necessarily limited to, the
g
placement of temporary and unsecured wooden boards by Defendant Thomas Welsh
£
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg7of26 Trans ID: LCV20233304408
—
~"" CPM-L-000281-22 08/04/2022 1:19:28 PM Pg 3of7 Trans ID: LCV20222826613
Builders, LLC across the deck beams while it was actively under construction, that
would shift and/or move during use.
8. As Plaintiff Michael Klemick was walking across the unsecured wooden
boards, one of the unsecured wooden boards shifted and/or moved under his feet,
causing him to fall and suffer.a “straddle” injury on the wooden deck beams below.
9 As a direct and proximate result of the negligence. and carelessness of
Defendant Thomas Welsh Builder, LLC, including but not necessarily limited to, the
failure to inspect, maintain and repair said premises in a safe condition which was
reasonably fit and safe, placement of the temporary unsecured wooden boards across
the deck while it was under construction, as well as the failure to hire competent and
duly licensed contractors to perform the repair and/or construction work on the
premises, the Plaintiff Michael Klemick has sustained serious, permanent and disabling
injuries, has been required to obtain medical treatment, has been and will be prevented
from engaging in his usual activities.
2
WHEREFORE, the Plaintiff Michael Kiemick demands judgment agairist the
Defendant Thomas Welsh Builders, LLC, for damages together with interest and cost of
suit.
SECOND COUNT
1 Plaintiff repeats each and every allegation of the previous Counts and
makes them Paragraph One of this Count as though the same were set forth at length
herein.
2 At all times material hereto, Defendant Tim Shea owned, operated,
maintained and/or controlled the premises located at 988 1* Street, Avalon, N.J.
CPM-L-000281-22 11/06/2023 10:08:43 AM_Pg 8 of 26 Trans ID: LCV20233304408
~ CPM-L-000281-22 08/04/2022 1:19:28 PM Pg4of7 Trans ID: LCV20222826613 ~
3 Defendant Tim Shea had a non-delegable duty and was responsible to
inspect, maintain and repair said premises in a safe condition which was reasonably fit
and safe.
4 Defendant Tim Shea's last known address is-442 Tavistock Boulevard,
Haddonfield, NJ 08033.
5. At all times material hereto, Defendant Tim Shea contracted with
Defendant Thomas Welsh Builders, LLC, to serve as general contract and perform
and/or coordinate the repair and/or construction work on the premises located at 988 1
Avenue, Avalon, N.J., including building a deck to the rear of the property.
6 The premises of Defendant Tim Shea were in an unreasonably
dangerous condition, including but not necessarily limited to, the placement of
temporary and unsecured wooden boards across the deck beams while it was actively
under construction, that would shift and/or move during use.
7 As Plaintiff Michael Klemick was walking across the unsecured wooden
boards, one of the unsecured wooden boards shifted and/or moved under his feet,
causing him to fall and suffer a “straddle” injury on the wooden deck beams below.
8. . As a direct and proximate result of the negligence and carelessness of
Defendant Tim Shea, including but not necessarily limited to, the failure to inspect,
maintain and repair said premises in a safe condition which was reasonably fit and safe,
placement of the temporary unsecured wooden boards. across the deck while it was
under construction, as well as the failure to hire competent and duly licensed
contractors to perform the repair and/or construction work on the premises, the Plaintiff
Michael Klemick has sustained serious, permanent and disabling injuries, has been
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg9of26 Trans ID: LCV20233304408
CPM-L-000281-22 08/04/2022 1:19:28PM Pg5of7 Trans ID: LCV20222826613 ©
required to obtain medical treatment, has been and will be prevented from engaging in
his usual activities.
WHEREFORE, the Plaintiff Michael Klemick demands judgment against the
Defendant Tim Shea, for damages together with interest and cost of suit.
THIRD COUNT
1 Plaintiff repeats each and every allegation of the previous Counts and
makes them Paragraph One of this Count as though the same were set forth at length
herein.
2 John Does 1-16 (fictitious names) (individuals who owned, designed,
constructed, repaired, worked on, maintained, inspected, acted as a contractor, general
contractor, sub-contractor and/or was responsible in any way for the dangerous
condition and/or activities involved in the construction of the deck and/or placement of
the temporary unsecured wooden boards across the deck beams while it was under
construction which caused this accident. This includes direct conduct or through action
or inactions by their servants, agents or employees. ‘This specifically includes any and
all allegations contained in the previous counts of the complaint.) is a fictitious name
utilized pursuant to R. 4:26-4. Plaintiffs intend to substitute and amend their Complaint
when the true identities of these John Doe parties are revealed during the course of
discovery.
3 As a direct and proximate result of the negligence, carelessness and/or
tecklessness of the defendants John Does 1-10 (fictitious names), the Plaintiff Michael
Klemick has sustained serious, permanent and disabling injuries, been required to
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 10 of 26 Trans ID: LCV20233304408
=
~ CPM-L-000281-22 08/04/2022 1:19:28 PM Pg6of?7 Trans ID: LCV20222826613 ~
obtain medical treatment, and has been and will be prevented from engaging in his
usual activities.
WHEREFORE, the. Plaintiff Michael Klemick demands judgment against the
Defendants John Does 1-10 (fictitious names) (individuals who owned, designed,
constructed, repaired, worked on, maintained, inspected and/or was responsible in any
way for the dangerous condition and/or activities involved in the construction of the deck
and/or placement of the temporary unsecured. wooden boards across the deck beams
while it was under construction which caused this accident. This includes direct conduct
or through action or inactions by their servants, agents or employees. This specifically
includes any and all allegations contained in the previous counts of the complaint.) for
damages together with interest and costs of suit.
HYBERG, WHITE & MANN
BY: bod
Patrick C. Joydp f
Dated: August 4, 2022
DEMAND FOR JURY
Plaintiffs hereby demand a trial by jury on all Counts herein, pursuant to R. 1:8-2(b)
and R. 4:35-1(a).
HYBERG, WHITE & MANN
BY: Drivel, \ 0
Dated: August 4, 2022 Patrick C. Joyce] q
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg1lof26 Trans ID: LCV20233304408
7 CPM-L-000281-22 08/04/2022 1:19:28 PM Pg7of7 Trans ID: LCV20222826613
NOTICE OF._NO OTHER ACTIONS
Pursuant to R. 4:5-1 the Plaintiffs attorneys hereby certify to the best of our
knowledge there is. an action in Worker's Compensation Court captioned Michael Klemick
v Wheeler Electric, Inc., Docket Number: 2022-552. There is no other action or arbitration
pending in which the matter in controversy is the subject, nor are there any other actions
or arbitration proceeding contemplated.
HYBERG, WHITE & MANN
ov. Pec), rer
Patrick C. Jeffoa
Dated: August 4, 2022
NOTICE OF DESIGNATION OF TRIAL COUNSEL
PLEASE TAKE NOTICE that Patrick C. Joyce, Esquire, is hereby designated as trial
counsel in the above captioned litigation for the law firm of Hyberg, White & Mann, pursuant
to Rule 4:25-4,
HYBERG, WHITE & MANN
x |
BY:
Patrick C. Jo
:
Dated: August 4, 2022
I
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 12 of 26 Trans ID: LCV20233304408
EXHIBIT B
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 13 of 26 Trans ID: LCV20233304408
CPM-L-000281-22 02/22/2023 4:31:58 PM Pg1of12 Trans ID: LCV2023670661
PATRICK C, JOYCE, ESQUIRE (011532010)
HYBERG, WHITE & MANN
A Professional Corporation
2111 New Road Suite 105
Executive Plaza
Northfield, NJ 08225
(609) 407-1000
Attorneys for Plaintiff
MICHAEL KLEMICK, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, CAPE MAY COUNTY
DOCKET NO. CPM-L-281-22
THOMAS WELSH BUILDERS, LLC, TIM
SHEA, STEPHENW. BEATO
CONSTRUCTION and JOHN DOES 2- 40 :
(fictitious names), PLAINTIFF’S FIRST
AMENDED COMPLAINT
Defendants
Plaintiff, Michael Klemick, residing at 34 Easton Drive, Sicklerville, New Jersey
through counsel, complains of personal injuries against the Defendants.
JURISDICTION
Plaintiff bases the subject matter jurisdiction on the fact that the events
complained of occurred in the State of New Jersey and in personam jurisdiction is
based on the fact that the Plaintiff and Defendants were present in the State of New
Jersey at the time of the accident.
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 14 of 26 Trans ID: LCV20233304408
CPM-L-000281-22 02/22/2023 4:31:58 PM Pg2of12 Trans ID: LCV2023670661
FIRST COUNT
(Defendant - Thomas Welsh Builders, LLC)
1 On or about September 14, 2020, Plaintiff Michael Klemick was lawfully
on the premises of 988 1** Avenue, Avalon, New Jersey, working in the course and
scope of his employment with Wheeler Electric, inc.
2. At all times material hereto, Defendant Tim Shea was the owner of the
property located at 988 1*t Avenue, Avalon, NJ.
3 At all times material hereto, Defendant Tim Shea contracted with
Defendant Thomas Welsh Builders, LLC, to serve as general contractor to perform
certain repair and/or construction work to the property, including but not necessarily
limited to, the building of a deck to the exterior of the property.
4 At all times material hereto, Defendant Thomas Welsh Builders, LLC
served as the general contractor for the repair and/or construction work at the property,
including the framing/building of the deck, and contracted with Plaintiff's employer,
Wheeler Electric, Inc., to serve as sub-contractor on the construction project.
5 Defendant Thomas Welsh Builders, LLC's, last known address is 2589
Ocean Drive, Avalon, NJ 08202.
6 As the general contractor, Defendant Thomas Welsh Builders, LLC, was
responsible for oversight of the deck construction project on the property. In that
capacity, Defendant Thomas Welsh Builders, LLC's duties included, but were not &
necessarily limited to, inspecting, supervising, maintaining and repairing said premises
and deck area in a safe condition which was reasonably fit and safe, as well as hiring
competent and duly licensed contractors to perform repair and/or construction work on
the premises.
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg15 of 26 Trans ID: LCV20233304408
CPM-L-000281-22 02/22/2023 4:31:58 PM Pg3of 12 Trans ID: LCV2023670661"
7 - At ail times material hereto, the premises located at 98B 15! Avenue were
in an unreasonably dangerous condition, including but not necessarily limited to, the
failure by Defendant Thomas Welsh Builders, LLC to provide materials to the jobsite for
the purposes of creating a safe walkway across the under construction exterior deck,
failure to ensure the construction to the exterior deck was completed prior to beginning
the exterior electrical work, failure to properly secure the wooden deck beams
representing the floor to the under construction deck such that they would not shift
and/or move during use, and failure to hire competent and duly licensed contractors to
perform the repair and/or construction work on the premises.
8 As Piaintiff Michael Klemick was walking across the unsecured wooden
boards to the deck, one of the unsecured wooden boards shifted and/or moved under
his feet, causing him to fall and suffer a “straddle” injury on the wooden deck beams
below.
9. As a direct and proximate result of the negligence and carelessness of
Defendant Thomas Welsh Builder, LLC, including but not necessarily limited to, the
failure to inspect, supervise, maintain and repair said premises in a safe condition which
was reasonably fit and safe, the faifure to provide materials to the jobsite for the
purposes of creating a safe walkway across the under construction exterior deck, failure
the
to ensure the construction to the exterior deck was completed prior to beginning
4
exterior electrical work, failure to properly secure the wooden deck beams representing
the floor to the under construction deck such that they would not shift and/or move
perform the
during use, and failure to hire competent and duly licensed contractors to
has
repair and/or construction work on the premises, the Plaintiff Michael Klemick
a
B
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 16 of 26 Trans ID: LCV20233304408
CPM-L-000281-22 02/22/2023 4:31:58 PM Pg 4of12 Trans ID: LCV2023670661
sustained serious, permanent and disabling injuries, has been required to obtain
medical treatment, has been and will be prevented from engaging in his usual activities.
WHEREFORE, the Plaintiff Michael Klemick demands judgment against the
Defendant Thomas Welsh Builders, LLC, for damages together with interest and cost of
suit.
SECOND COUNT
(Defendant - Tim Shea)
1
Plaintiff repeats each and every allegation of the previous Counts and
makes them Paragraph One of this Count as though the same were set forth at length
herein.
2 Atall times material hereto, Defendant Tim Shea owned, operated,
maintained and/or controlled the premises located at 988 1°! Street, Avalon, N.J.
3 Defendant Tim Shea had a non-delegable duty and was responsible to
inspect, maintain and repair said premises in a safe condition which was reasonably fit
and safe.
4 Defendant Tim Shea's last known address is 442 Tavistock Boulevard,
Haddonfield, NJ 08033.
5 At all times material hereto, Defendant Tim Shea contracted with
Defendant Thomas Welsh Builders, LLC, to serve as general contract and perform
and/or coordinate the repair and/or construction work on the premises located at 988 4st
Avenue, Avalon, N.J., including framing/building a deck to the exterior of the property.
6 The premises of Defendant Tim Shea were in an unreasonably
dangerous condition, including but not necessarily limited to, the failure by Defendant
Tim Shea to provide materials to the jobsite for the purposes of creating a safe walkway
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg17 of 26 Trans ID: LCV20233304408
CPM-L-000281-22 02/22/2023 4:31:58 PM Pg 5of12 Trans ID: LCV2023670661
across the under construction exterior deck, failure to ensure the construction to the
exterior deck was completed prior to beginning the exterior electrical work, failure to
properly secure the wooden deck beams representing the floor to the under
construction deck such that they would not shift and/or move during use, and failure to
hire competent and duly licensed contractors to perform the repair and/or construction
work on the premises.
7. As Plaintiff Michael Klemick was walking across the unsecured wooden
boards, one of the unsecured wooden boards shifted and/or moved under his feet,
causing him to fall and suffer a “straddle” injury on the wooden deck beams below.
8 As a direct and proximate result of the negligence and carelessness of
Defendant Tim Shea, including but not necessarily limited to, the failure to inspect,
supervise, maintain and repair said premises in a safe condition which was reasonably
fit and safe, the failure to provide materials to the jobsite for the purposes of creating a
safe walkway across the under construction exterior deck, failure to ensure the
construction to the exterior deck was completed prior to beginning the exterior electrical
work, failure to properly secure the wooden deck beams representing the floor to the
under construction. deck such that they would not shift and/or move during use, and
failure to hire competent and duly licensed contractors to perform the repair and/or
construction work on the premises, the Plaintiff Michael Klemick has sustained serious,
permanent and disabling injuries, has been required to obtain medical treatment, has
&
been and will be prevented from engaging in his usual activities.
WHEREFORE, the Plaintiff Michael Klemick demands judgment against the
Defendant Tim Shea, for damages together with interest and cost of suit.
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 18 of 26 Trans ID: LCV20233304408
CPM-L-000281-22 02/22/2023 4:31:58 PM Pg 6of12 Trans ID: LCV2023670661
THIRD COUNT
(Defendant - Stephen W. Beato Construction)
4 Plaintiff repeats each and every allegation of the previous Counts and i
1
makes them Paragraph One of this Count as though the same were set forth at length
herein.
2 At all times material hereto, Defendant Thomas Welsh Builders, LLC
contracted with Defendant Stephen W. Beato Construction, to serve as a sub-contractor
responsible to perform and/or coordinate the repair and/or construction work on the
premises located at 988 1%t Avenue, Avalon, N.J., including framing and/or building a
|
i
deck to the exterior of the property.
3 As the sub-contractor, Defendant Stephen W. Beato Construction was
responsible to inspect, supervise, maintain and repair said premises in a safe condition
which was reasonably fit and safe, including the construction to the exterior deck.
4 Defendant Stephen W. Beato Construction's last known address is 514 Yale
Avenue, Pitman, New Jersey 08071.
5 As the sub-contractor, Defendant Stephen W. Beato Construction, was
responsible for oversight of the deck construction project on the property. In that
capacity, Defendant Stephen W. Beato Construction's duties included, but were not
necessarily limited to, inspecting, supervising, maintaining and repairing said premises
and deck area in a safe condition which was reasonably fit and safe, as well as hiring
competent and duly licensed contractors to perform repair and/or construction work on
a
the premises.
6 At all times material hereto, the premises located at 988 1t Avenue were in
an unreasonably dangerous condition, including but not necessarily limited to, the
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 19 of 26 Trans ID: LCV20233304408
——
=
CPM-L-000281-22 02/22/2023 4:31:58 PM Pg7of12 Trans ID: LCV2023670661 ~
failure by Defendant Stephen W. Beato Construction to provide materials to the jobsite
for the purposes of creating a safe walkway across the under construction exterior deck,
failure to ensure the construction to the exterior deck was completed prior to beginning
the exterior electrical work, failure to properly secure the wooden deck beams
representing the floor to the under construction deck such that they would not shift
and/or move during use, and failure to hire competent and duly licensed contractors to
perform the repair and/or construction work on the premises.
7 As Plaintiff Michael Klemick was walking across the unsecured wooden
boards to the deck, one of the unsecured wooden boards shifted and/or moved under
his feet, causing him to fall and suffer a “straddle” injury on the wooden deck beams
below.
8 As a direct and proximate result of the negligence and carelessness of
Defendant Stephen W. Beato Construction, including but not necessarily limited to, the
failure to inspect, supervise, maintain and repair said premises in a safe condition which
ee
was reasonably fit and safe, the failure to provide materials to the jobsite for the
purposes of creating a safe walkway across the under construction exterior deck, failure
to ensure the construction to the exterior deck was completed prior to beginning the
exterior electrical work, failure to properly secure the wooden deck beams representing
the floor to the under construction deck such that they would not shift and/or move
Ee
during use, and failure to hire competent and duly licensed contractors to perform the
repair and/or construction work on the premises, the Plaintiff Michael Klemick has
sustained serious, permanent and disabling injuries, has been required to obtain
medical treatment, has been and will be prevented from engaging in his usual activities :
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 20 of 26 Trans ID: LCV20233304408
CPM-L-000281-22 02/22/2023 4:31:58 PM Pg 8 of 12 Trans ID: LCV2023670661
WHEREFORE, the Plaintiff Michael Klemick demands judgment against the
Defendant Stephen W. Beato Construction, for damages together with interest and cost
of suit.
FOURTH COUNT
(John Does 2-10 (fictitious names))
4 Plaintiff repeats each and every allegation of the previous Counts and
makes them Paragraph One of this Count as though the same were set forth at length
herein.
2 John Does 2-10 (fictitious names) (individuals who owned, designed,
constructed, repaired, worked on, maintained, inspected, acted as a contractor, general
contractor, sub-contractor and/or was responsible in any way for the dangerous e
condition and/or activities involved in the construction and/or framing of the deck while it
was under construction which caused this accident. This includes direct conduct or
through action or inactions by their servants, agents or employees. This specifically
includes any and all allegations contained in the previous counts of the complaint.) is a
Be
fictitious name utilized pursuant to R. 4:26-4. Plaintiffs intend to substitute and amend p
their Complaint when the true identities of these John Doe parties are revealed during
the course of discovery.
3 As a direct and proximate result of the negligence, carelessness and/or
recklessness of the defendants John Does 2-10 (fictitious names), the Plaintiff Michael
&
Klemick has sustained serious, permanent and disabling injuries, been required to
obtain medical treatment, and has been and will be prevented from engaging in his
usual activities.
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 21 of 26 Trans ID: LCV20233304408
CPM-L-000281-22 02/22/2023 4:31:58 PM Pg9of12 Trans ID: LCV2023670661
WHEREFORE, the Plaintiff Michael Klemick demands judgment against the
Defendants John Does 2-10 (fictitious names) (individuals who owned, designed,
constructed, repaired, worked on, maintained, inspected and/or was responsible in any
way for the dangerous condition and/or activities involved in the construction and/or
framing of the deck while it was under construction which caused this accident. This
includes direct conduct or through action or inactions by their servants, agents or
employees. This specifically includes any and all allegations contained in the previous
counts of the complaint.) for damages together with interest and costs of suit.
HYBERG, WHITE & MANN
BY: f
Patrick C. Joye:
Dated: J [>a B
2
DEMAND FOR JURY
;
Plaintiffs hereby demand a trial by jury on all Counts herein, pursuant to R. 1:8-2(b)
and R. 4:35-1(a).
HYBERG, WHITE & MANN
Dated: 2/22/23
av feksidh Voy
Patrick C. Japch
e
e
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 22 of 26 Trans ID: LCV20233304408
CPIM-L-000281-22 02/22/2023 4:31.58 PM Pg 10 of 12 Trans ID: LCV2023670661
NOTICE OF NO OTHER ACTIONS
Pursuant to BR. 4:5-1 the Plaintiffs attorneys hereby certify to the best of our
knowledge there is an action in Worker's Compensation Court captioned Michael Klemick
v Wheeler Electric,
VYwheelrer ree inc., Docket Number: 2022-552. There is no other action or arbitration
pending in which the matter in controversy is the subject, nor are there any other actions
or arbitration proceeding contemplated.
HYBERG, WHITE & MANN
~
BY:
Patrick C. Joye
Dated: 2/22/23
NOTICE OF DESIGNATION OF TRIAL COUNSEL
PLEASE TAKE NOTICE that Patrick C. Joyce, Esquire, is hereby designated as trial
counsel in the above captioned litigation for the law firm of Hyberg, White & Mann, pursuant
to Rule 4:25-4.
HYBERG, WHITE & MANN
BY:
atrick C.J
Dated: 2/22/23
10
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 23 of 26 Trans ID: LCV20233304408
CPM-L-000281-22 02/22/2023 4:31:58 PM Pg 110f 12 Trans ID: LCV2023670661
CPM-L-000281-22 02/22/2023 Pg 1of2 Trans ID: LCV2023650555
PATRICK C. JOYCE, ESQUIRE (011532010)
HYBERG, WHITE & MANN
A Professional Corporation
2111 New Road Suite 105
Executive Plaza
Northfield, NJ 08225
(609) 407-1000
Attorneys for Plaintiff
Edited by the Court
MICHAEL KLEMICK, ‘SUPERIOR COURT OF NEW JERSEY
:LAW DIVISION
Plaintiff, ‘CAPE MAY COUNTY
THOMAS WELSH BUILDERS, LLC, TIM
SHEA, and JOHN DOES 1-10 : DOCKET NO. CPM-L-281-22
(fictitious names),
Defendants
vs.
B
THOMAS WELSH BUILDERS, LLC
Third Party Plaintiff e
VS.
WHEELER ELECTRIC, INC., JOHN ORDER
DOES 1-6 AND JOHN DOES
CORPORATIONS 1-6
Third Party Defendant
THIS MATTER having come before the Court on the application of Patrick C.-
Joyce, Esquire of the law firm of Hyberg, White & Mann, attorneys for Plaintiff in the 4
above-captioned matter, and the Court having reviewed the briefs and arguments of
counsel, and for other good cause shown, and for reasons as stated on the record;
IT IS on this 22nd day of February 2023, ORDERED that Plaintiff is hereby
granted leave to file an amended complaint adding as a Defendant Stephen W. Beato.
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 24 of 26 Trans ID: LCV20233304408
CPM-L-000281-22 02/22/2023 4:31:58 PM Pg 12of12 Trans ID: LCV2023670661
CPM-L-000281-22 02/22/2023 Pg2of2 Trans ID: LCV2023650555
IT IS FURTHER ORDERED that this Order or Judgment shall be deemed
in
automatically served upon all counsel of record simultaneously with its online posting
eCourts; otherwise, all other parties shall be served by the party obtaining this Order or
Judgment within seven (7) days of its entry. See Rule 1 5-1(a).
fedicuagl
B
Usames H- Pickering JrI/SS&
[_ ] Opposed
[X] Unopposed
Having reviewed the above motion, I find it to be
meritorious on its face and unopposed. Pursuant to
R.1:6-2, it therefore will be granted essentially for the
reasons set forth on the moving papers
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 25 of 26 Trans ID: LCV20233304408
CPM-L-000281-22 08/29/2023 Pg 1of2 Trans ID: LCV20232469807
MARKS, O°NEILL, O'BRIEN,
DOHERTY & KELLY, P.C.
BY: Paul D. Kelly, Esquire ATTORNEY FOR DEFENDANT
Attorney I.D. 03755-1983 Stephen W. Beato Construction
535 Route 38 East
Suite 501
Cherry Hill, NJ 08002
(856)663-4300
File No. 1994-112999 (PDK)
*Edited by the Court
Michael Klemick, SUPERIOR COURT OF NEW JERSEY
Plaintiff, CAPE MAY COUNTY
LAW DIVISION
vs.
DOCKET NO, CPM-L-281-22
Thomas Welsh Builders, LLC; Tim Shea and
Stephen W. Beato Construction, CIVIL ACTION
Defendants,
ORDER
and
Stephen W. Beato Construction,
Defendant/Third Party Plaintiff,
VS.
Wheeler Electric, Inc.,
Third Party Defendant.
THIS MATTER having been brought before the Court on the Motion of Paul D. Kelly,
Esquire of Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., counsel for Defendant, Stephen W.
Beato Construction, requesting a ninety (90) day extension of the September 16, 2023, discovery
deadline to December 15, 2023, and the Court having considered the moving papers of Defendant
and any response thereto, and for GOOD CAUSE SHOWN;
IT IS on this 29th day of August, 2023, hereby
CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 26 of 26 Trans ID: LCV20233304408
CPM-L-000281-22 08/29/2023 Pg2of2 Trans ID: LCV20232469807
ORDERED that discovery in this matter be extended from September 16, 2023, to
December 15, 2023; and it is further,
ORDERED, that:
1 All written discovery to be completed by December 15, 2023.
2 Plaintiff's deposition is scheduled to be completed on September 7, 2023.
2. All remaining fact witness depositions to be completed on September 13, 2023 and
September 18, 2023.
3 Plaintiffs’ expert reports to be served by October 6, 2023.
4 Defendants’ expert reports to be served by November 10, 2023.
5 Any and all supplemental reports to be served by December 1, 2023.
6 All expert depositions to be completed by December 15, 2023; and it is further,
ORDERED that Arbitration is hereby scheduled for January 3, 2024; and it is further,
ORDERED, that this Order or Judgment shall be deemed automatically served upon all
counsel of record simultaneously with its online posting in eCourts; otherwise, all other parties
shall be served by the party obtaining this Order or Judgment within seven (7) days of its entry. See
Rule 1:5-1{a).
(james H- Pickering Jr
[ ] Opposed
[X] Unopposed
Having reviewed the above motion, I find it to be meritorious on
its face and unopposed. Pursuant to R.1:6-2, it therefore will be
granted essentially for the reasons set forth on the moving papers.
CPM-L-000281-22 11/06/2023 10:08:43 AM Pglof2 Trans ID: LCV20233304408
PATRICK C. JOYCE, ESQUIRE (011532010)
HYBERG, WHITE & MANN
A Professional Corporation
2111 New Road Suite 105
Executive Plaza
Northfield, NJ 08225
(609) 407-1000
Attorneys for Plaintiff
MICHAEL KLEMICK,
Preview
CPM-L-000281-22 11/06/2023 10:08:43 AM Pglof3 Trans ID: LCV20233304408 | PATRICK C. JOYCE, ESQUIRE (011532010) HYBERG, WHITE & MANN A Professional Corporation 2111 New Road Suite 105 Executive Plaza Northfield, NJ 08225 (609) 407-1000 Attorneys for Plaintiff MICHAEL KLEMICK, :SUPERIOR COURT OF NEW JERSEY :LAW DIVISION Plaintiff, :CAPE MAY COUNTY THOMAS WELSH BUILDERS, LLC, TIM SHEA, STEPHEN W. BEATO CONSTRUCTION and JOHN DOES 2-10 (fictitious names), : DOCKET NO. CPM-L-281-22 Defendants AND STEPHEN W. BEATO CONSTRUCTION Third Party Plaintiff vs. WHEELER ELECTRIC, INC., JOHN : NOTICE OF MOTION DOES 1-6 AND JOHN DOES CORPORATIONS 1-6 : Third Party Defendant : To Carmelo Torraca, Esquire Attorney for Defendant Thomas Welsh Builders, LLC Paul D. Kelly, Esquire Attorney for Defendant Stephen W. Beato Construction Kevin McKeon, Esquire Attorney for Wheeler Electric David DeWeese, Esquire Attorney for Defendant Tim Shea — cP 00281-22 11/06/2023 10:08:43 AM Pg2of3 Trans ID: LCV20233304408° PLEASE TAKE NOTICE that on Friday, December 1, 2023 at 9:00 A.M. in the forenoon or as soon thereafter as counsel may be head, the undersigned attorneys for plaintiff will move before the Superior Court of New Jersey, Law Division, Cape May County, at the Court House, 9 N. Main Street, Cape May Court House, New Jersey for an Order extending discovery. TAKE FURTHER NOTICE that the undersigned will rely upon the attached Certification. TAKE FURTHER NOTICE that in accordance with Civil Practice Rule |:6-2, we hereby request that this matter be submitted to the Court for ruling on the attached papers. A copy of the proposed Order is attached. In the event opposition papers are filed, the undersigned requests oral argument. HYBERG, WHITE & MANN Attorneys for Plaintiffs Patrick C. Joyog, Esquire Dated: 11/6/23 CPM-L-000281-22 11/06/2023 10:08:43 AM Pg3of3 Trans ID: LCV20233304408 CERTIFICATION PURSUANT TO RULE 4:5-1 1, Patrick C. Joyce, Esquire, attorney for Plaintiff, in the within action, certify as follows: 1 Arbitration is currently scheduled for January 3, 2024. 2 There is no other action or arbitration proceeding contemplated. HYBERG, WHITE & MANN Attorneys for Plaintiffs By: Patrick C. Joy squire Dated: Ut/l/a3 CPM-L-000281-22 11/06/2023 10:08:43 AM Pg1lof26 Trans ID: LCV20233304408 PATRICK C. JOYCE, ESQUIRE (011532010) HYBERG, WHITE & MANN A Professional Corporation 2111 New Road Suite 105 Executive Plaza Northfield, NJ 08225 (609) 407-1000 Attorneys for Plaintiff MICHAEL KLEMICK, SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, CAPE MAY COUNTY THOMAS WELSH BUILDERS, LLC, TIM SHEA, STEPHENW. BEATO CONSTRUCTION and JOHN DOES 2- 10: (fictitious names), Defendants 4 VS. DOCKET NO. CPM-L-281-22 THOMAS WELSH BUILDERS, LLC Third Party Plaintiff VS. CERTIFICATION OF PATRICK C. JOYCE WHEELER ELECTRIC, INC., JOHN DOES 1-6 AND JOHN DOES CORPORATIONS 1-6 Third Party Defendant : |, PATRICK C. JOYCE, Esquire, certi as follows: fy 4 | am an attorney at law of the State of New Jersey and a partner in the law firm of Hyberg, White & Mann, attorneys for Plaintiff. | am fully familiar with the matters and circumstances of the within matter. 2 This Certification is being made in support of Plaintiff's Motion to Extend Discovery for 120 days. 3 In support of this Motion, Plaintiff will rely upon the instant Certification brief, and all exhibits attached hereto. CPM-L-000281-22 11/06/2023 10:08:43 AM Pg2of26 Trans ID: LCV20233304408 4 The instant matter arises from personal injuries sustained by the Plaintiff on 9/14/20, while he was working in the course and scope of his employment as an electrician, specifically when he fell on an exterior deck to the property which was still under active construction at the time. 5 On 8/4/2022, plaintiff filed the Complaint. Exhibit “A” 6. On 2/22/2023, plaintiff filed an Amended Complaint and added as an additional defendant Stephen W. Beato Construction, the entity responsible for framing the exterior deck where plaintiff fell, as identified by the Defendant Thomas Welsh Builders, LLC (General Contractor) in discovery. Exhibit “B” 7 The parties have been diligent in discovery. Paper discovery has been substantially completed. 8 There are approximately seven (7) fact witness depositions required in this case. Five (5) out of the seven (7) fact witness depositions have been completed. 9. On 10/27/2023, Plaintiff attempted to conduct the deposition of Stephen Beato (on behalf of Beato Construction — deck framer). However, Mr. Beato’s deposition was interrupted and had to be stopped due to health issues of the witness. 10. The remaining two (2) fact witness depositions, including Mr. Beato’s and his son Michael Beato, have now been re-scheduled for 12/5/2023. 11. On 10/2/23, the parties also conducted a site inspection of the exterior deck where plaintiffs fall occurred, which was completed by each parties proposed liability expert. 12. However, the exchange of expert liability reports has been delayed due to the remaining fact witness depositions noted above. CPM-L-000281-22 11/06/2023 10:08:43 AM Pg3of26 Trans ID: LCV20233304408 13. Following the conclusions of the fact witness depositions and exchange of expert liability reports, the parties have further agreed to mediation in this matter. The parties are now in the process of selecting and scheduling a mediator. It is anticipated this matter will be ready to mediate by the end of March 2024. 14. This Motion is being filed and returnable prior to the expiration of the discovery end of 12/15/23. 15. A prior sixty (60) day extension of discovery (the mandatory 60 day extension under Best Practices) has been previously granted. There was an Order dated 8/29/23 extending discovery to 12/15/23. A copy of said Order is attached. 16. Arbitration is currently scheduled for 1/3/24. No trial date has been set in this matter. 17. Prior to the filing of the instant Motion, Plaintiffs counsel conferred with counsel for all Defendants, who have indicated no objection to the requests contained herein and the parties agree as to the remaining discovery needed. 18. For the reasons noted above, Plaintiff respectfully requests discovery in this matter be extended for a period of 120 days. 19. A proposed Order is attached. | 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. Hyberg, White & Mann ov. Maal C Patrick C. Jdyed) Esquire Dated: 11/6/2023 Attorney for Plaintiff CPM-L-000281-22 11/06/2023 10:08:43 AM Pg4of26 Trans ID: LCV20233304408 EXHIBIT A CPM-L-000281-22 11/06/2023 10:08:43 AM Pg5of26 Trans ID: LCV20233304408 ™ CPM-L-000281-22 08/04/2022 1:19:28 PM Pg 1of7 Trans ID: LCV20222826613 PATRICK C. JOYCE, ESQUIRE (011532010) HYBERG, WHITE & MANN A Professional Corporation 2111 New Road Suite 105 Executive Plaza Northfield, NJ 08225 (609) 407-1000 Attorneys for Plaintiff MICHAEL KLEMICK, SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, ‘CAPE MAY COUNTY DOCKET NO. CPM-L- THOMAS WELSH BUILDERS, LLC, TIM SHEA, and JOHN DOES 1-10 (fictitious names), COMPLAINT AND JURY DEMAND Defendants i: 2 Plaintiff, Michael Klemick, residing at 34 Easton Drive, Sicklerville, New Jersey C through counsel, complains of personal injuries against the Defendants. JURISDICTION Plaintiff bases the subject matter jurisdiction on the fact that the events complained of occurred in the State of New Jersey and in personam jurisdiction is based on the fact that the Plaintiff and Defendants were present in the State of New Jersey at the time of the accident. FIRST COUNT 1 On or about September 14, 2020, Plaintiff Michael Klemick was lawfully on the premises of 988 18 Avenue, Avalon, New Jersey, working in the course and scope of his employment with Wheeler Electric, Inc. CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 6 of 26 Trans ID: LCV20233304408 CPM-L-000281-22 08/04/2022 1:19:28 PM Pg2of7 Trans ID: LCV20222826613 2 At all times material hereto, Defendant Tim Shea was the owner of the property located at 988 1*t Avenue, Avalon, NJ. 3 At all times material hereto, Defendant Tim Shea contracted with Defendant Thomas Welsh Builders, LLC, to serve as general contractor to perform certain repair and/or construction work to the property, including but not necessarily limited to, the building of a deck onthe rear of the property. 4 At all times material hereto, Defendant Thomas Welsh Builders, LLC served as the general contractor for the repair and/or construction work at the property, including the building of the deck, and contracted with Plaintiff's employer, Wheeler Electric, Inc., to serve as sub-contractor on the deck building, project. 5. Defendant Thomas Welsh Builders, LLC's, last known address is 2589 Ocean Drive, Avalon, NJ 08202. 6 As the general-contractor, Defendant Thomas Welsh Builders, LLC, was responsible for oversight of the deck construction project.on the property. In that capacity, Defendant Thomas Welsh Builders, LLC's duties included, but were not necessarily limited to, inspecting, maintaining and repairing said premises and deck area in a safe. condition which was reasonably fit and safe, as well as hiring competent a and duly licensed contractors to perform repair and/or construction work on the premises. E 7 At all times material hereto, the premises located at 988 1% Avenue were in-an unreasonably dangerous condition, including but not necessarily limited to, the g placement of temporary and unsecured wooden boards by Defendant Thomas Welsh £ CPM-L-000281-22 11/06/2023 10:08:43 AM Pg7of26 Trans ID: LCV20233304408 — ~"" CPM-L-000281-22 08/04/2022 1:19:28 PM Pg 3of7 Trans ID: LCV20222826613 Builders, LLC across the deck beams while it was actively under construction, that would shift and/or move during use. 8. As Plaintiff Michael Klemick was walking across the unsecured wooden boards, one of the unsecured wooden boards shifted and/or moved under his feet, causing him to fall and suffer.a “straddle” injury on the wooden deck beams below. 9 As a direct and proximate result of the negligence. and carelessness of Defendant Thomas Welsh Builder, LLC, including but not necessarily limited to, the failure to inspect, maintain and repair said premises in a safe condition which was reasonably fit and safe, placement of the temporary unsecured wooden boards across the deck while it was under construction, as well as the failure to hire competent and duly licensed contractors to perform the repair and/or construction work on the premises, the Plaintiff Michael Klemick has sustained serious, permanent and disabling injuries, has been required to obtain medical treatment, has been and will be prevented from engaging in his usual activities. 2 WHEREFORE, the Plaintiff Michael Kiemick demands judgment agairist the Defendant Thomas Welsh Builders, LLC, for damages together with interest and cost of suit. SECOND COUNT 1 Plaintiff repeats each and every allegation of the previous Counts and makes them Paragraph One of this Count as though the same were set forth at length herein. 2 At all times material hereto, Defendant Tim Shea owned, operated, maintained and/or controlled the premises located at 988 1* Street, Avalon, N.J. CPM-L-000281-22 11/06/2023 10:08:43 AM_Pg 8 of 26 Trans ID: LCV20233304408 ~ CPM-L-000281-22 08/04/2022 1:19:28 PM Pg4of7 Trans ID: LCV20222826613 ~ 3 Defendant Tim Shea had a non-delegable duty and was responsible to inspect, maintain and repair said premises in a safe condition which was reasonably fit and safe. 4 Defendant Tim Shea's last known address is-442 Tavistock Boulevard, Haddonfield, NJ 08033. 5. At all times material hereto, Defendant Tim Shea contracted with Defendant Thomas Welsh Builders, LLC, to serve as general contract and perform and/or coordinate the repair and/or construction work on the premises located at 988 1 Avenue, Avalon, N.J., including building a deck to the rear of the property. 6 The premises of Defendant Tim Shea were in an unreasonably dangerous condition, including but not necessarily limited to, the placement of temporary and unsecured wooden boards across the deck beams while it was actively under construction, that would shift and/or move during use. 7 As Plaintiff Michael Klemick was walking across the unsecured wooden boards, one of the unsecured wooden boards shifted and/or moved under his feet, causing him to fall and suffer a “straddle” injury on the wooden deck beams below. 8. . As a direct and proximate result of the negligence and carelessness of Defendant Tim Shea, including but not necessarily limited to, the failure to inspect, maintain and repair said premises in a safe condition which was reasonably fit and safe, placement of the temporary unsecured wooden boards. across the deck while it was under construction, as well as the failure to hire competent and duly licensed contractors to perform the repair and/or construction work on the premises, the Plaintiff Michael Klemick has sustained serious, permanent and disabling injuries, has been CPM-L-000281-22 11/06/2023 10:08:43 AM Pg9of26 Trans ID: LCV20233304408 CPM-L-000281-22 08/04/2022 1:19:28PM Pg5of7 Trans ID: LCV20222826613 © required to obtain medical treatment, has been and will be prevented from engaging in his usual activities. WHEREFORE, the Plaintiff Michael Klemick demands judgment against the Defendant Tim Shea, for damages together with interest and cost of suit. THIRD COUNT 1 Plaintiff repeats each and every allegation of the previous Counts and makes them Paragraph One of this Count as though the same were set forth at length herein. 2 John Does 1-16 (fictitious names) (individuals who owned, designed, constructed, repaired, worked on, maintained, inspected, acted as a contractor, general contractor, sub-contractor and/or was responsible in any way for the dangerous condition and/or activities involved in the construction of the deck and/or placement of the temporary unsecured wooden boards across the deck beams while it was under construction which caused this accident. This includes direct conduct or through action or inactions by their servants, agents or employees. ‘This specifically includes any and all allegations contained in the previous counts of the complaint.) is a fictitious name utilized pursuant to R. 4:26-4. Plaintiffs intend to substitute and amend their Complaint when the true identities of these John Doe parties are revealed during the course of discovery. 3 As a direct and proximate result of the negligence, carelessness and/or tecklessness of the defendants John Does 1-10 (fictitious names), the Plaintiff Michael Klemick has sustained serious, permanent and disabling injuries, been required to CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 10 of 26 Trans ID: LCV20233304408 = ~ CPM-L-000281-22 08/04/2022 1:19:28 PM Pg6of?7 Trans ID: LCV20222826613 ~ obtain medical treatment, and has been and will be prevented from engaging in his usual activities. WHEREFORE, the. Plaintiff Michael Klemick demands judgment against the Defendants John Does 1-10 (fictitious names) (individuals who owned, designed, constructed, repaired, worked on, maintained, inspected and/or was responsible in any way for the dangerous condition and/or activities involved in the construction of the deck and/or placement of the temporary unsecured. wooden boards across the deck beams while it was under construction which caused this accident. This includes direct conduct or through action or inactions by their servants, agents or employees. This specifically includes any and all allegations contained in the previous counts of the complaint.) for damages together with interest and costs of suit. HYBERG, WHITE & MANN BY: bod Patrick C. Joydp f Dated: August 4, 2022 DEMAND FOR JURY Plaintiffs hereby demand a trial by jury on all Counts herein, pursuant to R. 1:8-2(b) and R. 4:35-1(a). HYBERG, WHITE & MANN BY: Drivel, \ 0 Dated: August 4, 2022 Patrick C. Joyce] q CPM-L-000281-22 11/06/2023 10:08:43 AM Pg1lof26 Trans ID: LCV20233304408 7 CPM-L-000281-22 08/04/2022 1:19:28 PM Pg7of7 Trans ID: LCV20222826613 NOTICE OF._NO OTHER ACTIONS Pursuant to R. 4:5-1 the Plaintiffs attorneys hereby certify to the best of our knowledge there is. an action in Worker's Compensation Court captioned Michael Klemick v Wheeler Electric, Inc., Docket Number: 2022-552. There is no other action or arbitration pending in which the matter in controversy is the subject, nor are there any other actions or arbitration proceeding contemplated. HYBERG, WHITE & MANN ov. Pec), rer Patrick C. Jeffoa Dated: August 4, 2022 NOTICE OF DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that Patrick C. Joyce, Esquire, is hereby designated as trial counsel in the above captioned litigation for the law firm of Hyberg, White & Mann, pursuant to Rule 4:25-4, HYBERG, WHITE & MANN x | BY: Patrick C. Jo : Dated: August 4, 2022 I CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 12 of 26 Trans ID: LCV20233304408 EXHIBIT B CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 13 of 26 Trans ID: LCV20233304408 CPM-L-000281-22 02/22/2023 4:31:58 PM Pg1of12 Trans ID: LCV2023670661 PATRICK C, JOYCE, ESQUIRE (011532010) HYBERG, WHITE & MANN A Professional Corporation 2111 New Road Suite 105 Executive Plaza Northfield, NJ 08225 (609) 407-1000 Attorneys for Plaintiff MICHAEL KLEMICK, SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, CAPE MAY COUNTY DOCKET NO. CPM-L-281-22 THOMAS WELSH BUILDERS, LLC, TIM SHEA, STEPHENW. BEATO CONSTRUCTION and JOHN DOES 2- 40 : (fictitious names), PLAINTIFF’S FIRST AMENDED COMPLAINT Defendants Plaintiff, Michael Klemick, residing at 34 Easton Drive, Sicklerville, New Jersey through counsel, complains of personal injuries against the Defendants. JURISDICTION Plaintiff bases the subject matter jurisdiction on the fact that the events complained of occurred in the State of New Jersey and in personam jurisdiction is based on the fact that the Plaintiff and Defendants were present in the State of New Jersey at the time of the accident. CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 14 of 26 Trans ID: LCV20233304408 CPM-L-000281-22 02/22/2023 4:31:58 PM Pg2of12 Trans ID: LCV2023670661 FIRST COUNT (Defendant - Thomas Welsh Builders, LLC) 1 On or about September 14, 2020, Plaintiff Michael Klemick was lawfully on the premises of 988 1** Avenue, Avalon, New Jersey, working in the course and scope of his employment with Wheeler Electric, inc. 2. At all times material hereto, Defendant Tim Shea was the owner of the property located at 988 1*t Avenue, Avalon, NJ. 3 At all times material hereto, Defendant Tim Shea contracted with Defendant Thomas Welsh Builders, LLC, to serve as general contractor to perform certain repair and/or construction work to the property, including but not necessarily limited to, the building of a deck to the exterior of the property. 4 At all times material hereto, Defendant Thomas Welsh Builders, LLC served as the general contractor for the repair and/or construction work at the property, including the framing/building of the deck, and contracted with Plaintiff's employer, Wheeler Electric, Inc., to serve as sub-contractor on the construction project. 5 Defendant Thomas Welsh Builders, LLC's, last known address is 2589 Ocean Drive, Avalon, NJ 08202. 6 As the general contractor, Defendant Thomas Welsh Builders, LLC, was responsible for oversight of the deck construction project on the property. In that capacity, Defendant Thomas Welsh Builders, LLC's duties included, but were not & necessarily limited to, inspecting, supervising, maintaining and repairing said premises and deck area in a safe condition which was reasonably fit and safe, as well as hiring competent and duly licensed contractors to perform repair and/or construction work on the premises. CPM-L-000281-22 11/06/2023 10:08:43 AM Pg15 of 26 Trans ID: LCV20233304408 CPM-L-000281-22 02/22/2023 4:31:58 PM Pg3of 12 Trans ID: LCV2023670661" 7 - At ail times material hereto, the premises located at 98B 15! Avenue were in an unreasonably dangerous condition, including but not necessarily limited to, the failure by Defendant Thomas Welsh Builders, LLC to provide materials to the jobsite for the purposes of creating a safe walkway across the under construction exterior deck, failure to ensure the construction to the exterior deck was completed prior to beginning the exterior electrical work, failure to properly secure the wooden deck beams representing the floor to the under construction deck such that they would not shift and/or move during use, and failure to hire competent and duly licensed contractors to perform the repair and/or construction work on the premises. 8 As Piaintiff Michael Klemick was walking across the unsecured wooden boards to the deck, one of the unsecured wooden boards shifted and/or moved under his feet, causing him to fall and suffer a “straddle” injury on the wooden deck beams below. 9. As a direct and proximate result of the negligence and carelessness of Defendant Thomas Welsh Builder, LLC, including but not necessarily limited to, the failure to inspect, supervise, maintain and repair said premises in a safe condition which was reasonably fit and safe, the faifure to provide materials to the jobsite for the purposes of creating a safe walkway across the under construction exterior deck, failure the to ensure the construction to the exterior deck was completed prior to beginning 4 exterior electrical work, failure to properly secure the wooden deck beams representing the floor to the under construction deck such that they would not shift and/or move perform the during use, and failure to hire competent and duly licensed contractors to has repair and/or construction work on the premises, the Plaintiff Michael Klemick a B CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 16 of 26 Trans ID: LCV20233304408 CPM-L-000281-22 02/22/2023 4:31:58 PM Pg 4of12 Trans ID: LCV2023670661 sustained serious, permanent and disabling injuries, has been required to obtain medical treatment, has been and will be prevented from engaging in his usual activities. WHEREFORE, the Plaintiff Michael Klemick demands judgment against the Defendant Thomas Welsh Builders, LLC, for damages together with interest and cost of suit. SECOND COUNT (Defendant - Tim Shea) 1 Plaintiff repeats each and every allegation of the previous Counts and makes them Paragraph One of this Count as though the same were set forth at length herein. 2 Atall times material hereto, Defendant Tim Shea owned, operated, maintained and/or controlled the premises located at 988 1°! Street, Avalon, N.J. 3 Defendant Tim Shea had a non-delegable duty and was responsible to inspect, maintain and repair said premises in a safe condition which was reasonably fit and safe. 4 Defendant Tim Shea's last known address is 442 Tavistock Boulevard, Haddonfield, NJ 08033. 5 At all times material hereto, Defendant Tim Shea contracted with Defendant Thomas Welsh Builders, LLC, to serve as general contract and perform and/or coordinate the repair and/or construction work on the premises located at 988 4st Avenue, Avalon, N.J., including framing/building a deck to the exterior of the property. 6 The premises of Defendant Tim Shea were in an unreasonably dangerous condition, including but not necessarily limited to, the failure by Defendant Tim Shea to provide materials to the jobsite for the purposes of creating a safe walkway CPM-L-000281-22 11/06/2023 10:08:43 AM Pg17 of 26 Trans ID: LCV20233304408 CPM-L-000281-22 02/22/2023 4:31:58 PM Pg 5of12 Trans ID: LCV2023670661 across the under construction exterior deck, failure to ensure the construction to the exterior deck was completed prior to beginning the exterior electrical work, failure to properly secure the wooden deck beams representing the floor to the under construction deck such that they would not shift and/or move during use, and failure to hire competent and duly licensed contractors to perform the repair and/or construction work on the premises. 7. As Plaintiff Michael Klemick was walking across the unsecured wooden boards, one of the unsecured wooden boards shifted and/or moved under his feet, causing him to fall and suffer a “straddle” injury on the wooden deck beams below. 8 As a direct and proximate result of the negligence and carelessness of Defendant Tim Shea, including but not necessarily limited to, the failure to inspect, supervise, maintain and repair said premises in a safe condition which was reasonably fit and safe, the failure to provide materials to the jobsite for the purposes of creating a safe walkway across the under construction exterior deck, failure to ensure the construction to the exterior deck was completed prior to beginning the exterior electrical work, failure to properly secure the wooden deck beams representing the floor to the under construction. deck such that they would not shift and/or move during use, and failure to hire competent and duly licensed contractors to perform the repair and/or construction work on the premises, the Plaintiff Michael Klemick has sustained serious, permanent and disabling injuries, has been required to obtain medical treatment, has & been and will be prevented from engaging in his usual activities. WHEREFORE, the Plaintiff Michael Klemick demands judgment against the Defendant Tim Shea, for damages together with interest and cost of suit. CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 18 of 26 Trans ID: LCV20233304408 CPM-L-000281-22 02/22/2023 4:31:58 PM Pg 6of12 Trans ID: LCV2023670661 THIRD COUNT (Defendant - Stephen W. Beato Construction) 4 Plaintiff repeats each and every allegation of the previous Counts and i 1 makes them Paragraph One of this Count as though the same were set forth at length herein. 2 At all times material hereto, Defendant Thomas Welsh Builders, LLC contracted with Defendant Stephen W. Beato Construction, to serve as a sub-contractor responsible to perform and/or coordinate the repair and/or construction work on the premises located at 988 1%t Avenue, Avalon, N.J., including framing and/or building a | i deck to the exterior of the property. 3 As the sub-contractor, Defendant Stephen W. Beato Construction was responsible to inspect, supervise, maintain and repair said premises in a safe condition which was reasonably fit and safe, including the construction to the exterior deck. 4 Defendant Stephen W. Beato Construction's last known address is 514 Yale Avenue, Pitman, New Jersey 08071. 5 As the sub-contractor, Defendant Stephen W. Beato Construction, was responsible for oversight of the deck construction project on the property. In that capacity, Defendant Stephen W. Beato Construction's duties included, but were not necessarily limited to, inspecting, supervising, maintaining and repairing said premises and deck area in a safe condition which was reasonably fit and safe, as well as hiring competent and duly licensed contractors to perform repair and/or construction work on a the premises. 6 At all times material hereto, the premises located at 988 1t Avenue were in an unreasonably dangerous condition, including but not necessarily limited to, the CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 19 of 26 Trans ID: LCV20233304408 —— = CPM-L-000281-22 02/22/2023 4:31:58 PM Pg7of12 Trans ID: LCV2023670661 ~ failure by Defendant Stephen W. Beato Construction to provide materials to the jobsite for the purposes of creating a safe walkway across the under construction exterior deck, failure to ensure the construction to the exterior deck was completed prior to beginning the exterior electrical work, failure to properly secure the wooden deck beams representing the floor to the under construction deck such that they would not shift and/or move during use, and failure to hire competent and duly licensed contractors to perform the repair and/or construction work on the premises. 7 As Plaintiff Michael Klemick was walking across the unsecured wooden boards to the deck, one of the unsecured wooden boards shifted and/or moved under his feet, causing him to fall and suffer a “straddle” injury on the wooden deck beams below. 8 As a direct and proximate result of the negligence and carelessness of Defendant Stephen W. Beato Construction, including but not necessarily limited to, the failure to inspect, supervise, maintain and repair said premises in a safe condition which ee was reasonably fit and safe, the failure to provide materials to the jobsite for the purposes of creating a safe walkway across the under construction exterior deck, failure to ensure the construction to the exterior deck was completed prior to beginning the exterior electrical work, failure to properly secure the wooden deck beams representing the floor to the under construction deck such that they would not shift and/or move Ee during use, and failure to hire competent and duly licensed contractors to perform the repair and/or construction work on the premises, the Plaintiff Michael Klemick has sustained serious, permanent and disabling injuries, has been required to obtain medical treatment, has been and will be prevented from engaging in his usual activities : CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 20 of 26 Trans ID: LCV20233304408 CPM-L-000281-22 02/22/2023 4:31:58 PM Pg 8 of 12 Trans ID: LCV2023670661 WHEREFORE, the Plaintiff Michael Klemick demands judgment against the Defendant Stephen W. Beato Construction, for damages together with interest and cost of suit. FOURTH COUNT (John Does 2-10 (fictitious names)) 4 Plaintiff repeats each and every allegation of the previous Counts and makes them Paragraph One of this Count as though the same were set forth at length herein. 2 John Does 2-10 (fictitious names) (individuals who owned, designed, constructed, repaired, worked on, maintained, inspected, acted as a contractor, general contractor, sub-contractor and/or was responsible in any way for the dangerous e condition and/or activities involved in the construction and/or framing of the deck while it was under construction which caused this accident. This includes direct conduct or through action or inactions by their servants, agents or employees. This specifically includes any and all allegations contained in the previous counts of the complaint.) is a Be fictitious name utilized pursuant to R. 4:26-4. Plaintiffs intend to substitute and amend p their Complaint when the true identities of these John Doe parties are revealed during the course of discovery. 3 As a direct and proximate result of the negligence, carelessness and/or recklessness of the defendants John Does 2-10 (fictitious names), the Plaintiff Michael & Klemick has sustained serious, permanent and disabling injuries, been required to obtain medical treatment, and has been and will be prevented from engaging in his usual activities. CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 21 of 26 Trans ID: LCV20233304408 CPM-L-000281-22 02/22/2023 4:31:58 PM Pg9of12 Trans ID: LCV2023670661 WHEREFORE, the Plaintiff Michael Klemick demands judgment against the Defendants John Does 2-10 (fictitious names) (individuals who owned, designed, constructed, repaired, worked on, maintained, inspected and/or was responsible in any way for the dangerous condition and/or activities involved in the construction and/or framing of the deck while it was under construction which caused this accident. This includes direct conduct or through action or inactions by their servants, agents or employees. This specifically includes any and all allegations contained in the previous counts of the complaint.) for damages together with interest and costs of suit. HYBERG, WHITE & MANN BY: f Patrick C. Joye: Dated: J [>a B 2 DEMAND FOR JURY ; Plaintiffs hereby demand a trial by jury on all Counts herein, pursuant to R. 1:8-2(b) and R. 4:35-1(a). HYBERG, WHITE & MANN Dated: 2/22/23 av feksidh Voy Patrick C. Japch e e CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 22 of 26 Trans ID: LCV20233304408 CPIM-L-000281-22 02/22/2023 4:31.58 PM Pg 10 of 12 Trans ID: LCV2023670661 NOTICE OF NO OTHER ACTIONS Pursuant to BR. 4:5-1 the Plaintiffs attorneys hereby certify to the best of our knowledge there is an action in Worker's Compensation Court captioned Michael Klemick v Wheeler Electric, VYwheelrer ree inc., Docket Number: 2022-552. There is no other action or arbitration pending in which the matter in controversy is the subject, nor are there any other actions or arbitration proceeding contemplated. HYBERG, WHITE & MANN ~ BY: Patrick C. Joye Dated: 2/22/23 NOTICE OF DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that Patrick C. Joyce, Esquire, is hereby designated as trial counsel in the above captioned litigation for the law firm of Hyberg, White & Mann, pursuant to Rule 4:25-4. HYBERG, WHITE & MANN BY: atrick C.J Dated: 2/22/23 10 CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 23 of 26 Trans ID: LCV20233304408 CPM-L-000281-22 02/22/2023 4:31:58 PM Pg 110f 12 Trans ID: LCV2023670661 CPM-L-000281-22 02/22/2023 Pg 1of2 Trans ID: LCV2023650555 PATRICK C. JOYCE, ESQUIRE (011532010) HYBERG, WHITE & MANN A Professional Corporation 2111 New Road Suite 105 Executive Plaza Northfield, NJ 08225 (609) 407-1000 Attorneys for Plaintiff Edited by the Court MICHAEL KLEMICK, ‘SUPERIOR COURT OF NEW JERSEY :LAW DIVISION Plaintiff, ‘CAPE MAY COUNTY THOMAS WELSH BUILDERS, LLC, TIM SHEA, and JOHN DOES 1-10 : DOCKET NO. CPM-L-281-22 (fictitious names), Defendants vs. B THOMAS WELSH BUILDERS, LLC Third Party Plaintiff e VS. WHEELER ELECTRIC, INC., JOHN ORDER DOES 1-6 AND JOHN DOES CORPORATIONS 1-6 Third Party Defendant THIS MATTER having come before the Court on the application of Patrick C.- Joyce, Esquire of the law firm of Hyberg, White & Mann, attorneys for Plaintiff in the 4 above-captioned matter, and the Court having reviewed the briefs and arguments of counsel, and for other good cause shown, and for reasons as stated on the record; IT IS on this 22nd day of February 2023, ORDERED that Plaintiff is hereby granted leave to file an amended complaint adding as a Defendant Stephen W. Beato. CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 24 of 26 Trans ID: LCV20233304408 CPM-L-000281-22 02/22/2023 4:31:58 PM Pg 12of12 Trans ID: LCV2023670661 CPM-L-000281-22 02/22/2023 Pg2of2 Trans ID: LCV2023650555 IT IS FURTHER ORDERED that this Order or Judgment shall be deemed in automatically served upon all counsel of record simultaneously with its online posting eCourts; otherwise, all other parties shall be served by the party obtaining this Order or Judgment within seven (7) days of its entry. See Rule 1 5-1(a). fedicuagl B Usames H- Pickering JrI/SS& [_ ] Opposed [X] Unopposed Having reviewed the above motion, I find it to be meritorious on its face and unopposed. Pursuant to R.1:6-2, it therefore will be granted essentially for the reasons set forth on the moving papers CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 25 of 26 Trans ID: LCV20233304408 CPM-L-000281-22 08/29/2023 Pg 1of2 Trans ID: LCV20232469807 MARKS, O°NEILL, O'BRIEN, DOHERTY & KELLY, P.C. BY: Paul D. Kelly, Esquire ATTORNEY FOR DEFENDANT Attorney I.D. 03755-1983 Stephen W. Beato Construction 535 Route 38 East Suite 501 Cherry Hill, NJ 08002 (856)663-4300 File No. 1994-112999 (PDK) *Edited by the Court Michael Klemick, SUPERIOR COURT OF NEW JERSEY Plaintiff, CAPE MAY COUNTY LAW DIVISION vs. DOCKET NO, CPM-L-281-22 Thomas Welsh Builders, LLC; Tim Shea and Stephen W. Beato Construction, CIVIL ACTION Defendants, ORDER and Stephen W. Beato Construction, Defendant/Third Party Plaintiff, VS. Wheeler Electric, Inc., Third Party Defendant. THIS MATTER having been brought before the Court on the Motion of Paul D. Kelly, Esquire of Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., counsel for Defendant, Stephen W. Beato Construction, requesting a ninety (90) day extension of the September 16, 2023, discovery deadline to December 15, 2023, and the Court having considered the moving papers of Defendant and any response thereto, and for GOOD CAUSE SHOWN; IT IS on this 29th day of August, 2023, hereby CPM-L-000281-22 11/06/2023 10:08:43 AM Pg 26 of 26 Trans ID: LCV20233304408 CPM-L-000281-22 08/29/2023 Pg2of2 Trans ID: LCV20232469807 ORDERED that discovery in this matter be extended from September 16, 2023, to December 15, 2023; and it is further, ORDERED, that: 1 All written discovery to be completed by December 15, 2023. 2 Plaintiff's deposition is scheduled to be completed on September 7, 2023. 2. All remaining fact witness depositions to be completed on September 13, 2023 and September 18, 2023. 3 Plaintiffs’ expert reports to be served by October 6, 2023. 4 Defendants’ expert reports to be served by November 10, 2023. 5 Any and all supplemental reports to be served by December 1, 2023. 6 All expert depositions to be completed by December 15, 2023; and it is further, ORDERED that Arbitration is hereby scheduled for January 3, 2024; and it is further, ORDERED, that this Order or Judgment shall be deemed automatically served upon all counsel of record simultaneously with its online posting in eCourts; otherwise, all other parties shall be served by the party obtaining this Order or Judgment within seven (7) days of its entry. See Rule 1:5-1{a). (james H- Pickering Jr [ ] Opposed [X] Unopposed Having reviewed the above motion, I find it to be meritorious on its face and unopposed. Pursuant to R.1:6-2, it therefore will be granted essentially for the reasons set forth on the moving papers. CPM-L-000281-22 11/06/2023 10:08:43 AM Pglof2 Trans ID: LCV20233304408 PATRICK C. JOYCE, ESQUIRE (011532010) HYBERG, WHITE & MANN A Professional Corporation 2111 New Road Suite 105 Executive Plaza Northfield, NJ 08225 (609) 407-1000 Attorneys for Plaintiff MICHAEL KLEMICK,