Motion to Dismiss in Holmes Karen Vs Ahmed Shihab| Trellis.Law

On June 08, 2020 a Motion,Ex Parte was filed involving a dispute between Karen Holmes, and John Doe, Mohammed Ahmed, Shihab Ahmed, for Auto Negligence-Personal Injury (Verbal Threshold) in the District Court of Camden County.

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CAM-L-001949-20 10/07/2020 8:10:20 AM Pg 1 of 8 Trans ID: LCV20201776005

Firm Code: H21
File No.: 181376222
Cooper Maren Nitsberg Voss & DeCoursey
Christine Mercado-Spies, Esq.
Bar #: 013702006
485 Route 1 South, Building A, Suite 200
Iselin, NJ 08830
Ph: 732-362-3400; Direct dial: (732) 734-3287
Fax: (866) 827-4716
Attorneys for Defendants, Mohammed F. Ahmed and Shihab Ahmed
SUPERIOR COURT OF NEW JERSEY
KAREN D. HOLMES, CAMDEN COUNTY
LAW DIVISION
Plaintiff,
CIVIL ACTION
vs.
DOCKET NO.: CAM-L-1949-20
SHIHAB AHMED, MOHAMMED F. AHMED, et
al. NOTICE OF MOTION TO DISMISS
THE COMPLAINT WITHOUT PREJUDICE
Defendants. FOR FAILURE TO PROVIDE CERTIFIED
ANSWERS TO INTERROGATORIES,
FAILURE TO RESPOND TO NOTICE TO
PRODUCE, AND FAILURE TO PROVIDE
MEDICAL AUTHORIZATIONS

TO: John D. Borbi, Esq.
Borbi, Clancy & Patrizi, LLC
The Rothman Building
999 Route 73 North, Suite 103
Marlton, NJ 08053

PLEASE TAKE NOTICE that on October 30, 2020 at 9:00 in the forenoon, or as soon

thereafter as counsel may be heard, Christine Mercado-Spies, attorney for Defendants,

Mohammed F. Ahmed and Shihab Ahmed will apply to the Superior Court of New Jersey,

Camden County Hall of Justice, 101 South Fifth Street Camden, NJ, 08103, for an Order to

dismiss Plaintiff's Complaint, without prejudice, for failure to provide certified Answers to

Interrogatories within the time set forth by R 4:17-4(b), for failure to respond to Notice to
CAM-L-001949-20 10/07/2020 8:10:20 AM Pg 2 of 8 Trans ID: LCV20201776005

Produce within the time set forth by R 4:18-1(b)(2), and failure to provide Medical

Authorizations within the time set forth by R: 4:17-4(f).

The Defendant shall rely upon the attached Certification in support of his motion.

This motion is submitted pursuant to R.1:6-2 for ruling on the moving papers and without

oral argument. A proposed form of Order is being provided to the Court.

Pursuant to Rule 1:6-2 the following dates have been scheduled:

Discovery End Date: May 26, 2021
Pretrial Conference: NONE.
Calendar Call: NONE.
Trial:
Arbitration:

COOPER MAREN NITSBERG VOSS & DECOURSEY
Attorneys for Defendants, Mohammed F. Ahmed and
Shihab Ahmed
Dated: October 7, 2020
_________________________________________
Christine Mercado-Spies, Esq.
CAM-L-001949-20 10/07/2020 8:10:20 AM Pg 3 of 8 Trans ID: LCV20201776005

Defendants.

I, Christine Mercado-Spies, of full age, hereby certify the following:

1. I am an attorney-at-law admitted to practice in New Jersey and am associated with

Cooper Maren Nitsberg Voss & DeCoursey, the attorneys of record for Defendants, Mohammed

F. Ahmed and Shihab Ahmed. I am assigned to the management of this file. I am making this

certification in support of my client's Motion to dismiss Plaintiff's Complaint without prejudice for

failure to provide certified Answers to Interrogatories, failure to respond to Notice to Produce, and

failure to provide Medical Authorizations. I am making this Certification upon personal knowledge

unless otherwise indicated.

2. The within cause of action stems from an automobile accident which occurred on

12/12/2018. Plaintiff allegedly sustained personal injuries as a result of that accident.
CAM-L-001949-20 10/07/2020 8:10:20 AM Pg 4 of 8 Trans ID: LCV20201776005

3. On July 30, 2020, I served Interrogatories and a Notice to Produce upon Plaintiff’s

attorney, John D. Borbi, Esq. In addition, to the demand for Answers to Interrogatories and

Production of Documents, a Demand for signed HIPAA authorizations for all treating providers

was made, pursuant to Rule 4:17-4(f).

4. To date, responses to our Interrogatories, Notice to Produce, and HIPAA

Authorizations have not been received.

5. My adversary has not moved for any extended time in which to provide the response

to our discovery nor has the Court enlarged that time.

6. Pursuant to Rule 1:6-2(c), on or about September 9, 2020, a “good faith” letter was

sent to Plaintiff’s attorney, John D. Borbi, Esq., reminding counsel that the discovery responses were

overdue and further advising that this motion would be filed unless the responses were forthcoming.

7. Despite this good faith attempt to resolve the issue raised by this motion, my adversary

has not yet provided requested discovery.

8. The requested discovery sought is essential to a full defense of this matter.

9. Defendant is not in default in any discovery obligation owed to the delinquent party.

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

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

Defendants.

I, Griselda Medel, of full age, hereby certify the following:
1. I am the Legal Assistant to Christine Mercado-Spies, attorney for Defendants,
Mohammed F. Ahmed and Shihab Ahmed.
2. On October 7, 2020, the original of the within Motion was filed via E-C-courts with
the Clerk of the Superior Court of New Jersey, Camden County, 101 South Fifth Street Camden,
NJ, 08103.
3. On October 7, 2020, a copy of the within Motion was served via E-Courts to:
Borbi, Clancy & Patrizi, LLC, The Rothman Institute Building, 999 Route 73 North, Suite 103,
Marlton, NJ 08053, (856) 424-5400 and John D. Borbi, Esq., Borbi, Clancy & Patrizi, LLC, The
Rothman Building, 999 Route 73 North, Suite 103, Marlton, NJ 08053, (856) 424-5400/(856) 424-
1449 (F).
CAM-L-001949-20 10/07/2020 8:10:20 AM Pg 6 of 8 Trans ID: LCV20201776005

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

Dated: October 7, 2020 ____________________________________________
Griselda Medel
CAM-L-001949-20 10/07/2020 8:10:20 AM Pg 7 of 8 Trans ID: LCV20201776005

Firm Code: H21
File No.: 181376222
Cooper Maren Nitsberg Voss & DeCoursey
Christine Mercado-Spies, Esq.
Bar #: 013702006
485 Route 1 South, Building A, Suite 200
Iselin, NJ 08830
Ph: 732-362-3400; Direct dial: (732) 734-3287
Fax: (866) 827-4716
Attorneys for Defendants, Mohammed F. Ahmed and Shihab Ahmed
SUPERIOR COURT OF NEW JERSEY
KAREN D. HOLMES, CAMDEN COUNTY
LAW DIVISION
Plaintiff,
CIVIL ACTION
vs.
DOCKET NO.: CAM-L-1949-20
SHIHAB AHMED, MOHAMMED F. AHMED, et
al. ORDER DISMISSING COMPLAINT
WITHOUT PREJUDICE FOR FAILURE TO
Defendants. PROVIDE CERTIFIED ANSWERS TO
INTERROGATORIES, FAILURE TO
RESPOND TO NOTICE TO PRODUCE, AND
FAILURE TO PROVIDE MEDICAL
AUTHORIZATIONS

THIS MATTER having been opened to the Court by Christine Mercado-Spies, attorney

for Defendants, Mohammed F. Ahmed and Shihab Ahmed, for an Order dismissing Plaintiff's

Complaint, without prejudice for failure to provide certified Answers to Interrogatories, failure to

respond to Notice to Produce, and failure to provide Medical Authorizations and the Court having

reviewed the moving papers submitted, and any opposition thereto, and for good cause appearing;

IT IS on this _____ day of _______________, 20____.

ORDERED that Plaintiff's Complaint be and hereby is dismissed without prejudice for

failure to provide certified Answers to Interrogatories within the time set forth by R 4:17-4(b),

for failure to respond to Notice to Produce within the time set forth by R 4:18-1(b)(2), and failure

to provide Medical Authorizations within the time set forth by R: 4:17-4(f).
CAM-L-001949-20 10/07/2020 8:10:20 AM Pg 8 of 8 Trans ID: LCV20201776005

ORDERED that the within Order shall be automatically served upon all counsel

simultaneously with its online posting in E-Courts.

J.S.C.
Opposed
______ Unopposed
CAM-L-001949-20 10/07/2020 8:10:20 AM Pg 1 of 2 Trans ID: LCV20201776005

SUPERIOR COURT OF NEW JERSEY
KAREN D. HOLMES, CAMDEN COUNTY
LAW DIVISION
Plaintiff,
CIVIL ACTION
vs.
DOCKET NO.: CAM-L-1949-20
SHIHAB AHMED, MOHAMMED F. AHMED, et
al. ORDER DISMISSING COMPLAINT
WITHOUT PREJUDICE FOR FAILURE TO
Defendants. PROVIDE CERTIFIED ANSWERS TO
INTERROGATORIES, FAILURE TO
RESPOND TO NOTICE TO PRODUCE, AND
FAILURE TO PROVIDE MEDICAL
AUTHORIZATIONS

THIS MATTER having been opened to the Court by Christine Mercado-Spies, attorney

for Defendants, Mohammed F. Ahmed and Shihab Ahmed, for an Order dismissing Plaintiff's

Complaint, without prejudice for failure to provide certified Answers to Interrogatories, failure to

respond to Notice to Produce, and failure to provide Medical Authorizations and the Court having

reviewed the moving papers submitted, and any opposition thereto, and for good cause appearing;

IT IS on this _____ day of _______________, 20____.

ORDERED that Plaintiff's Complaint be and hereby is dismissed without prejudice for

failure to provide certified Answers to Interrogatories within the time set forth by R 4:17-4(b),

for failure to respond to Notice to Produce within the time set forth by R 4:18-1(b)(2), and failure

to provide Medical Authorizations within the time set forth by R: 4:17-4(f).
CAM-L-001949-20 10/07/2020 8:10:20 AM Pg 2 of 2 Trans ID: LCV20201776005

ORDERED that the within Order shall be automatically served upon all counsel

simultaneously with its online posting in E-Courts.

J.S.C.
Opposed
______ Unopposed

Case Info

Judge

Steven J Polansky Track Judge’s New Case

Case No.

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Document Filed Date

October 07, 2020

Case Filing Date

June 08, 2020

County

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Motion,Ex Parte: Holmes Karen Vs Ahmed Shihab

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