Motion,Ex Parte: Culbreath Vs Davenport Village Urban Renewal Devel

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                                BUR-L-000528-17    08/09/2018 3:34:42       PM Pg 1 of 2 Trans ID: LCV20181384976




7057-02
ID# 185312016
Jessica S. O’Connor, Esquire
Mayfield Turner O’Mara & Donnelly, P.C
2201   Route 38, Suite 300
Cherry Hill, NJ 08002
Telephone No. (856) 667-2600
Attorneys for Defendants, Davenport Village Urban Renewal Development, L.P.
and/or Davenport Village Associates, L.P. and/or Davenport Village
Apartments

JEMECE CULBREATH                                   SUPERIOR COURT OF NEW JERSEY
                                                   LAW DIVISION:
                                  Plaintiff(s)     BURLINGTON COUNTY
               vs.                                 DOCKET NO. BUR-L-528-17

DAVENPORT VILLAGE URBAN                                            Civil Action
RENEWAL DEVELOPMENT, L.P.
and/or DAVENPORT VILLAGE
ASSOCIATES, L.P. and/or
DAVENPORT VILLAGE APARTMENTS
and/or JOHN DOE, INC #1-5
(fictitious name) and/or JOHN DOE
COMPANY      (fictitious name)    #1-5             NOTICE OF MOTION
(fictitious name) and/or JOHN           DOE
MAINTENANCE          COMPANY     #1-5
(fictitious name) and/or JOHN DOE
SNOW & ICE REMOVAL COMPANY
#1-5 (fictitious name), RICHARD           ROE
#1-5 (fictitious name) and/or
RICHARD ROE COMPANY #1-5
(fictitious name) and/or RICHARD
ROE, INC. #1-5 (fictitious name),
individually, jointly, severally and/or
in the alternative
                              Defendant(s)


To     Gary F. Piserchia, Esquire
       FLYNN    & ASSOCIATES,           P.C.
       2091 Springdale Road - Suite 2
       Cherry Hill, NJ 08003
       Attorney for Plaintiff
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          PLEASE TAKE NOTICE that on September                            14, 2018, at 9:00 a.m. or as

soon      thereafter     as     counsel    may     be    heard,     the   undersigned    attorneys     for

Defendants        Davenport          Village     Urban     Renewal        Development,    L.P.   and/or

Davenport Village Associates,              L.P. and/or Davenport Village Apartments                  shall

appear      before such Judge           as may     be sitting to hear motions in the Superior

Court of New Jersey in Burlington County                      for an Order to compel        Plaintiff to

provide discovery pursuant to R. 4:19 and R. 4:23-5(c).

          The undersigned shall rely upon the attached Certification of Counsel in

support of this motion pursuant to Rule 1:6-2(c).

          A proposed form of Order is submitted herewith.

          The Discovery End Date was July 13, 2018.

          Arbitration    occurred      on July     19, 2018       and a   trial date has not yet been

set.

          Oral argument is respectfully requested if this motion is opposed.

               MAYFIELD, TURNER, O'MARA & DONNELLY, P.C.
  Attorneys for Defendants Davenport Village Urban Renewal Development, L.P.
 and/or Davenport Village Associates, L.P. and/or Davenport Village Apartments


                          By:        Nh                   2
                                        _ESSICA S. O’CONNOR

Dated:     August —_—_ , 2018
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7057-02
ID# 185312016
Jessica S. O’Connor, Esquire
Mayfield Turner O’Mara & Donnelly, P.C.
2201 Route 38, Suite 300
Cherry Hill, NJ 08002
Telephone No. (856) 667-2600
Attorneys for Defendants, Davenport Village Urban Renewal Development, L.P.
and/or Davenport Village Associates, L.P. and/or Davenport Village
Apartments

JEMECE      CULBREATH                                  SUPERIOR COURT OF NEW JERSEY
                                                       LAW DIVISION:
                                      Plaintiff(s)     BURLINGTON COUNTY
                 vs.                                   DOCKET NO. BUR-L-528-17

DAVENPORT VILLAGE URBAN                                                   Civil Action
RENEWAL DEVELOPMENT, L.P.
and/or DAVENPORT VILLAGE
ASSOCIATES, L.P. and/or
DAVENPORT VILLAGE APARTMENTS
and/or JOHN DOE, INC #1-5
(fictitious name) and/or JOHN DOE
COMPANY (fictitious name) #1-5                         ORDER
(fictitious name) and/or JOHN DOE
MAINTENANCE            COMPANY     #1-5
(fictitious name) and/or JOHN DOE
SNOW      & ICE REMOVAL          COMPANY
#1-5 (fictitious name), RICHARD ROE
#1-5 (fictitious name) and/or
RICHARD         ROE    COMPANY    #1-5
(fictitious name) and/or RICHARD
ROE, INC. #1-5 (fictitious name),
individually, jointly, severally and/or
in the alternative
                                  Defendant(s)

         THIS     MATTER      having      been       presented    to     the    Court    by   Jessica     S.

O’Connor,       Esquire,   of the firm of Mayfield,         Turner,      O'Mara     &   Donnelly,     P.C.,

attorneys for Defendants,         Davenport Village Urban Renewal Development,                          L.P.

and/or      Davenport       Village       Associates,      L.P.        and/or     Davenport         Village
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Apartments,     for   entry     of    an     Order    compelling       Plaintiff       to     submit        to     an

independent     medical      examination        pursuant      to R.    4:19      and    R.    4:23-5(c);         and

the Court   having considered              the motion    papers,      any opposition              thereto,       and

any argument of counsel, and for good cause shown;

      IT IS on this              day of                                , 2018,
      ORDERED         that      Defendant’s          motion   is      GRANTED,              and    Plaintiff        is

compelled     to submit       to an    independent        medical      examination            no    later        than

October   15, 2018; and

      IT IS FURTHER            ORDERED           that a copy       of this Order             shall be served

upon all counsel within seven (7) days hereof.




                                                                                                            J.S.C.

          OPPOSED


          UNOPPOSED
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    7057-02
    ID# 185312016
    Jessica S. O’Connor, Esquire
    Mayfield Turner O’Mara & Donnelly, P.C
    2201 Route 38, Suite 300
    Cherry Hill, NJ 08002
    Telephone No. (856) 667-2600
    Attorneys for Defendants, Davenport Village Urban Renewal Development, L-P.
    and/or Davenport Village Associates, L.P. and/or Davenport Village
    Apartments

    JEMECE CULBREATH                                    SUPERIOR COURT OF NEW JERSEY
                                                        LAW DIVISION:
                                        Plaintiff(s)    BURLINGTON COUNTY
                 vs.                                    DOCKET NO. BUR-L-528-17

    DAVENPORT VILLAGE URBAN                                            Civil Action
RENEWAL DEVELOPMENT, L.P.
and/or DAVENPORT VILLAGE
ASSOCIATES, L.P. and/or
DAVENPORT VILLAGE APARTMENTS
and/or JOHN DOE, INC #1-5
(fictitious name) and/or JOHN DOE
COMPANY (fictitious name) #1-5                          CERTIFICATION OF COUNSEL
(fictitious name) and/or JOHN DOE
MAINTENANCE            COMPANY        #1-5
(fictitious name) and/or JOHN DOE
SNOW & ICE REMOVAL COMPANY
#1-5 (fictitious name), RICHARD ROE
#1-5 (fictitious name) and/or
RICHARD      ROE       COMPANY       #1-5
(fictitious name) and/or RICHARD
ROE, INC. #1-5 (fictitious name),
individually, jointly, severally and/or
in the alternative
                                     Defendant(s)

         I, JESSICA      S.     O’CONNOR,          ESQUIRE,    attorney-at-law    in   the   State   of

New Jersey, do hereby certify as follows:

1        I am an Associate of the law firm of Mayfield, Turner, O’Mara & Donnelly,

         P.C., and I am familiar with the facts relevant hereto.
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        This matter arises out of a slip and fall incident that occurred on March

        4, 2015 where Plaintiff alleges she suffered personal injury.

        Plaintiff filed her Complaint on February 28, 2017              and Defendants filed

        its Answer denying all allegations against it on April 6, 2017.

        Written discovery was exchanged in this matter and has been completed.

        Plaintiff and Defendants’ depositions were completed on May 30, 2018.

       Discovery in this matter concluded on July 13, 2018.

       Mandatory non-binding arbitration was completed in this matter on July

        19,   2018   and    Plaintiff received    a total   award   of $300,000     which   was

       reduced to $240,000 based on comparative negligence.

       A settlement conference before Judge Belgard occurred on July 24, 2018,

       however, settlement efforts were unsuccessful.

       During the settlement conference, Plaintiff's counsel stated that his client

       would not voluntarily appear for an independent medical examination.

10     New Jersey Court Rule 4:19 provides that “the adverse party may require

       the party whose physical or mental condition is in controversy to submit

       to a physical       or mental    examination      by a medical    or other    expert by

       serving upon that party a notice stating with specificity when, where, and

       by whom       the examination will be conducted and advising, to the extent

       practicable, as to the nature of the examination and any proposed tests.”

11     Rule 4:19 further provides that “the court may, on motion pursuant to R.

       4:23-5;   either compel       the discovery or dismiss       the pleading of a party

       who    fails to submit     to the examination,       to timely move   for a protective
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         order, or to reschedule           the date of and submit to the examination within

         a reasonable time following the originally scheduled date.”

 12      Defendants     respectfully          request      this    Court       to     compel    the     Plaintiffs

         appearance at an independent medical examination on or before October

         15,   2018   pursuant        to    R.   4:19     and     R.    4:23-5(c)       based    on     Plaintiff's

         counsel’s representation that his client would                        not voluntarily appear for

         an independent medical examination.

13       Defendants     are   not    in default         of any     discovery          demands     propounded

         upon them.

         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.

                      MAYFIELD,        TURNER,           O'MARA        & DONNELLY
  Attorneys for Defendants Davenport Village Urban Renewal Development, L.P.
 and/or Davenport Village Associates, L.P. and/or Davenport Village Apartments



                              wLVZoD>
                                JESSICA S. O’CONNOR


Dated:    August                    , 2018
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7057-02
ID# 185312016
Jessica S. O’Connor, Esquire
Mayfield Turner O’Mara & Donnelly, P.C
2201   Route 38, Suite 300
Cherry Hill, NJ 08002
Telephone No. (856) 667-2600
Attorneys for Defendants, Davenport Village Urban Renewal Development, L.P.
and/or Davenport Village Associates, L.P. and/or Davenport Village
Apartments

JEMECE CULBREATH                                 SUPERIOR COURT OF NEW JERSEY
                                                 LAW DIVISION:
                                  Plaintiff(s)   BURLINGTON COUNTY
              vs.                                DOCKET NO. BUR-L-528-17

DAVENPORT       VILLAGE     URBAN                               Civil Action
RENEWAL DEVELOPMENT, L.P.
and/or DAVENPORT VILLAGE
ASSOCIATES, L.P. and/or
DAVENPORT VILLAGE APARTMENTS
and/or JOHN DOE, INC #1-5
(fictitious name)    and/or JOHN    DOE
COMPANY (fictitious name) #1-5                   CERTIFICATION      OF SERVICE
(fictitious name) and/or JOHN DOE
MAINTENANCE COMPANY #1-5
(fictitious name) and/or JOHN DOE
SNOW & ICE REMOVAL COMPANY
#1-5 (fictitious name), RICHARD ROE
#1-5 (fictitious name) and/or
RICHARD ROE COMPANY #1-5
(fictitious name) and/or RICHARD
ROE, INC. #1-5 (fictitious name),
individually, jointly, severally and/or
in the alternative
                              Defendant(s)

       I, JESSICA     S.   O’CONNOR,        ESQUIRE,   attorney-at-law    in   the    State   of

New Jersey, do hereby certify as follows:

       1      I am   an Associate    of the law firm of Mayfield, Turner,            O’Mara   &

Donnelly,   P.C., and I am familiar with the facts relevant hereto.
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         2        The original of the within Motion to Compel Discovery pursuant to

R. 4:19       and R.     4:23-5(c)       was        electronically filed with the Court                       on the date

indicated below.

         3        A     courtesy        copy        of     the   within        Motion      to     Compel        Discovery

pursuant        to R.    4:19     and        R.    4:23-5(c)      was     sent    to the        Honorable       Aimee   R.

Belgard via Overnight Mail on the date indicated below.

         4       A      copy     of    the        within     Motion       to     Compel         Plaintiff's     Discovery

pursuant        to R. 4:19 and R. 4:23-5(c) was                         served upon        Plaintiff's counsel, via

electronic filing, on the date indicated below:

                                         Gary F. Piserchia, Esquire
                                       FLYNN & ASSOCIATES, P.C.
                                      2091 Springdale Road — Suite 2
                                           Cherry Hill, NJ 08003
                                                  Attorney for Plaintiff


         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,         | am

subject to punishment.

                        MAYFIELD,              TURNER,           O'MARA        & DONNELLY
 Attorneys for Defendants Davenport Village Urban Renewal Development, L.P.
and/or Davenport Village Associates, L.P. and/or Davenport Village Apartments


                                 By: CVRD
                                         JESSICA S. O’CONNOR


Dated:       August                     , 2018