Preview
BER-L-006623-22 10/27/2023 2:50:38 PM Pg 1 of 9 Trans ID: LCV20233231808
BRANDON J. BRODERICK
ATTORNEY AT LAW
A Limited Liability Company
Brandon J. Broderick+^ Bruce S. Cantin^
Ryan R. Broderick+° 65 State Route 4 East Christopher A. Bradley+◊
Matthew H. Broderick+ River Edge, NJ 07661 Richard C. Embden+
Marc S. Borden+^ David E. Rehe+^
Eric J. Plantier+^ T: (201) 853-1505 John (Jake) Van Dyken+^
Greg Shaffer+^* F: (201) 489-0878 Brian R. Lehrer+
Bianca N. Pagani+^ Kristy L. Krasowski+◊
Raymond S. Carroll+^ William W. Wallis+^
Anthony J. Vindigni+^◊ *Certified by the Supreme Court of New Jersey Justin M. Day+
Brian W. Banasiak+ as a Civil Trial Attorney Christopher T. Karounos+*
Paul F. Romano+ Susan M. Madar+
Paul A. Krauss+ + NJ Bar ^ NY Bar Melissa A. Perrotta Marinelli^
Dhruv K. Patel+ ° CT Bar ◊ PA Bar Lisa A. Lehrer+◊*
Kenneth W. Thayer+ ∞ MA Bar Martha J. Vasquez+^
Charles H. Lynch+ Sami Zeka ◊
Jason A. Richman^ Michael K. Fortunato+
Stephen A. Mennella+ Thomas O’Connor+^
Matthew V. Futerfas+◊ William C. Firth^ ∞
Tiffany Glenn Burress+^
October 27, 2023
VIA ECOURTS
Honorable David V. Nasta, J.S.C.
Bergen County Justice Center
10 Main Street, 3rd Floor
Hackensack, NJ 07601
Re: Kristina Ferman v. Valley Hospital, et al.
Docket No.: BER-L-6623-22
Dear Sir/Madam:
This firm represents Plaintiff in the above-referenced matter. Yesterday evening, Plaintiff
filed an Opposition to Defendant’s Motion to Stay and Compel Arbitration.
It was brought to my attention this morning that a technical issue caused my Certification
in Support of the Motion to be filed, but not preserved on ECourts. Attached please find a true
and accurate copy of my Certification in Support of the Motion with Exhibits and copy of the
ECourts Filing Notification dated, October 26, 2023. Thank you for your courtesies.
Respectfully,
BRANDON J. BRODERICK, ATTORNEY AT LAW
By: /s/ Tyler C. Stearns
Tyler C. Stearns, Esq.
TCS/mt
cc: All Counsel of Record (by eCourts)
Enclosure
River Edge, NJ ▪ Ewing, NJ ▪ Toms River, NJ ▪ Edison, NJ ▪ Newark, NJ
New York, NY ▪ Rochester, NY ▪ Huntington, NY ▪ Bridgeport, CT
www.brandonjbroderick.com
BER-L-006623-22 10/27/2023 2:50:38 PM Pg 2 of 9 Trans ID: LCV20233231808
Marjorie Tiner
From: eCtsCivDNR.Mbx@judiciary.state.nj.us
Sent: Thursday, October 26, 2023 4:24 PM
To: Tyler Stearns; Marjorie Tiner; Sunanda Kaushik
Subject: NJ eCourts OPPOSITION TO MOTION Confirmation - Civil Case BER-L-006623-22
SUPERIOR COURT OF NEW JERSEY - eCOURTS
The following was filed by STEARNS, TYLER, C on 10/26/2023 at 4:24 PM:
Plaintiff Name: KRISTINA FERMAN
VALLEY HOSPITAL AND MEDIX, INC, LISSETTE VALENTINE GREEN, KERRY FERRICK, ANDREW
Defendant Name:
RICHARDS, JOHN AND/OR JANE DOES 1-20 ET AL.
Case Caption: FERMAN KRISTINA VS VALLEY HOSPITAL AND MEDIX, I
Case Number: BER-L-006623-22
Docket Text: OPPOSITION TO MOTION submitted by STEARNS, TYLER, C of BRANDON J. BRODERICK, ESQ. LLC on
behalf of VALLEY HOSPITAL AND MEDIX, INC, ANDREW RICHARDS against KRISTINA FERMAN
Transaction ID: LCV20233223852
Documents Attached:
Document Type File Name Document Description
Plaintiff's Brief in
Opposition to Defendants'
OPPOSITION TO MOTION OPPOSITION TO MOTION
Motion to Compel
Arbitration_.pdf
Certification in Opposition
to Defendant's Motion to
Certification Certification in Opposition
Compel Arbitration with
Exhibits.pdf
This communication is for notification purposes only.
This email was sent from a notification-only address that cannot accept incoming mail. Please do not reply to this
message.
1
BER-L-006623-22 10/27/2023 2:50:38 PM Pg 3 of 9 Trans ID: LCV20233231808
Tyler C. Stearns, Esq. (NJ Bar No. 210582017)
BRANDON J. BRODERICK, LLC
65 EAST ROUTE 4, FIRST FLOOR
RIVER EDGE, NEW JERSEY 07661
Attorney for Plaintiff
(201)357-1424
:
KRISTINA FERMAN : SUPERIOR COURT OF NEW JERSEY
: LAW DIVISION: BERGEN COUNTY
Plaintiff, :
: DOCKET NO. BER-L-6623-22
v. :
: Civil Action
VALLEY HOSPITAL, MEDIX INC., ANDREW :
RICARDO, and JOHN AND/OR JANE DOES 1- :
10 (Names Being Fictitious), and ABC Co. 1-10 : CERTIFICATION
(Names Being Fictitious) :
:
Defendant(s). :
I, Tyler C. Stearns, Esq., hereby certify as follows:
1. I am an Attorney at Law of the State of New Jersey and an attorney with the law firm of
Brandon J. Broderick, LLC, 65 East Route 4, First Floor, River Edge, New Jersey 07661.
I am handling the above-captioned matter on behalf of the Plaintiff and am fully familiar
with the facts set forth herein.
2. Attached as Exhibit A is a true and accurate copy of Plaintiff’s Certification in Support of
Plaintiff’s Opposition to Defendant’s Motion to Compel Arbitration.
I hereby certify that the foregoing statements by me are true. I am aware that if the
foregoing statements by me or willfully false, I am subject to punishment.
BRANDON J. BRODERICK, LLC
By: /s/ Tyler C. Stearns
Tyler C. Stearns, Esq.
Attorneys for Plaintiff
Dated: October 26, 2023
BER-L-006623-22 10/27/2023 2:50:38 PM Pg 4 of 9 Trans ID: LCV20233231808
EXHIBIT A
BER-L-006623-22 10/27/2023 2:50:38 PM Pg 5 of 9 Trans ID: LCV20233231808
DocuSign Envelope ID: 5406E2CD-1608-4DCF-BBE4-FA32DA350C1F
Tyler C. Stearns, Esq. (NJ Bar No. 210582017)
BRANDON J. BRODERICK, LLC
65 EAST ROUTE 4, FIRST FLOOR
RIVER EDGE, NEW JERSEY 07661
Attorney for Plaintiff
(201)357-1424
:
KRISTINA FERMAN : SUPERIOR COURT OF NEW JERSEY
: LAW DIVISION: BERGEN COUNTY
Plaintiff, :
: DOCKET NO. BER-L-6623-22
v. :
: Civil Action
VALLEY HOSPITAL, MEDIX INC., ANDREW :
RICARDO, and JOHN AND/OR JANE DOES 1- :
10 (Names Being Fictitious), and ABC Co. 1-10 : PLAINTIFF’S OPPOSITION TO
(Names Being Fictitious) : DEFENDANT’S MOTION TO COMPEL
: ARBITRATION
Defendant(s). :
I, Kristina Ferman, being of full age, do hereby certify as follows:
1. I am a resident of the State of New Jersey currently residing at 110 Port Avenue, Elizabeth,
NJ 07206.
2. I am the Plaintiff in the above-entitled action.
3. I make this certification in support of my opposition to the Motion to Compel Arbitration
filed by Defendants.
4. On or before January 29, 2021, I applied for employment with Defendant Medix, Inc. for
a position working for Defendant Valley Hospital.
5. On January 29, 2021, I received an e-mail from recruiter, Andrew Ricardo (“Defendant
Ricardo”) with an offer of employment from defendant Medix, Inc. A true and accurate
copy of the e-mail from Andrew Ricardo to Plaintiff, dated January 29, 2021, is attached
BER-L-006623-22 10/27/2023 2:50:38 PM Pg 6 of 9 Trans ID: LCV20233231808
DocuSign Envelope ID: 5406E2CD-1608-4DCF-BBE4-FA32DA350C1F
hereto as Exhibit A.
6. The offer e-mail from Defendant Ricardo stated, “we’re excited to have you as part of the
team!”
7. The offer e-mail from Defendant Ricardo stated, “You’ll soon be receiving start
paperwork.”
8. The offer e-mail from Defendant Ricardo included information about accessing the
employee personal dashboard, assignment information, and payroll.
9. I accepted Defendants’ offer of employment.
10. On January 30, 2021, I logged into the portal and reviewed my start paperwork.
11. Among the start paperwork was a document titled “Mutual Arbitration Agreement”.
12. The Agreement was provided after I accepted the offer of employment with Medix on
January 29, 2021.
13. My electronic signature was affixed to the Agreement, dated January 30, 2021.
14. The Agreement was entered into in exchange for my employment with Defendant Medix.
15. Defendant Medix rescinded my offer of employment, and I was never employed by
Defendant Medix or any party to this action.
I hereby certify that the foregoing statements by me are true. I am aware that if the
foregoing statements by me or willfully false, I am subject to punishment.
_______________________________________
KRISTINA FERMAN
Dated: 10/25/2023
BER-L-006623-22 10/27/2023 2:50:38 PM Pg 7 of 9 Trans ID: LCV20233231808
EXHIBIT A
BER-L-006623-22 10/27/2023 2:50:38 PM Pg 8 of 9 Trans ID: LCV20233231808
---------- Forwarded message ---------
From: Andrew Ricardo
Date: Fri, Jan 29, 2021 at 5:45 PM
Subject: Congratula ons on your offer! Here is what's next...
To:
Congratulations on your offer, Kristina!
We're very excited that you've found the next step in your career,
and we wanted to send you a quick note with all the need-to-
know information for you to keep on hand.
You'll soon be receiving start paperwork from our local office
coordinator, so be on the lookout and ready to complete it as
soon as possible.
If you haven’t already accessed your personal dashboard in
Aha!, you will now have access to your weekly pay (available
Wednesdays), assignment information, and personal profile. This
will be your hub for accessing your timecards, requesting PTO,
and contacting me or other representatives for assistance.
Log in to my personal account
BER-L-006623-22 10/27/2023 2:50:38 PM Pg 9 of 9 Trans ID: LCV20233231808
As a Medix talent, you will be paid on a weekly basis on
Fridays. Please ensure to submit your timecard before you
clock out every Friday, to ensure timely payment each
week.
Once you receive your start paperwork, you will also be
provided benefits enrollment information. Once you
become eligible, you will receive an email notification
inviting you to explore your options in your Aha! portal, as
well as instruction on reaching out to your benefits
representative to opt in should you choose.
At the first open enrollment following your six month mark
of employment, Medix will automatically enroll you into its
401(k) program. You will be notified via email or mail 30
days before enrollment goes into effect. At this time you
will be able to opt out of the program or increase/reduce
the size of your contribution.
Additionally as a Medix talent, you have the ability to
accrue PTO! There are some exceptions based on state
laws. You can always access your PTO accruals or days
taken (updated weekly), as well as specific exceptions in
your Aha! portal.
Finally, if you need to call off of work, please contact both
your manager and let me know via email or your Aha!
dashboard.
Should you have any questions or concerns, please reach out to
me! All of this information will always be available via Aha!, which
we hope will enhance your experience with Medix!
Log in to my personal account
We're excited to have you as part of our team!
Best wishes,
Andrew Ricardo
**Note: Login token above expires after 8 hours. Need to login but your token
has expired?
Go to https://ahaopportunity.com/talent/sign-in to login or create an
account.
© 2020 Aha! Opportunity. All rights reserved.
This email may contain con idential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message.
Preview
BER-L-006623-22 10/27/2023 2:50:38 PM Pg 1 of 9 Trans ID: LCV20233231808 BRANDON J. BRODERICK ATTORNEY AT LAW A Limited Liability Company Brandon J. Broderick+^ Bruce S. Cantin^ Ryan R. Broderick+° 65 State Route 4 East Christopher A. Bradley+◊ Matthew H. Broderick+ River Edge, NJ 07661 Richard C. Embden+ Marc S. Borden+^ David E. Rehe+^ Eric J. Plantier+^ T: (201) 853-1505 John (Jake) Van Dyken+^ Greg Shaffer+^* F: (201) 489-0878 Brian R. Lehrer+ Bianca N. Pagani+^ Kristy L. Krasowski+◊ Raymond S. Carroll+^ William W. Wallis+^ Anthony J. Vindigni+^◊ *Certified by the Supreme Court of New Jersey Justin M. Day+ Brian W. Banasiak+ as a Civil Trial Attorney Christopher T. Karounos+* Paul F. Romano+ Susan M. Madar+ Paul A. Krauss+ + NJ Bar ^ NY Bar Melissa A. Perrotta Marinelli^ Dhruv K. Patel+ ° CT Bar ◊ PA Bar Lisa A. Lehrer+◊* Kenneth W. Thayer+ ∞ MA Bar Martha J. Vasquez+^ Charles H. Lynch+ Sami Zeka ◊ Jason A. Richman^ Michael K. Fortunato+ Stephen A. Mennella+ Thomas O’Connor+^ Matthew V. Futerfas+◊ William C. Firth^ ∞ Tiffany Glenn Burress+^ October 27, 2023 VIA ECOURTS Honorable David V. Nasta, J.S.C. Bergen County Justice Center 10 Main Street, 3rd Floor Hackensack, NJ 07601 Re: Kristina Ferman v. Valley Hospital, et al. Docket No.: BER-L-6623-22 Dear Sir/Madam: This firm represents Plaintiff in the above-referenced matter. Yesterday evening, Plaintiff filed an Opposition to Defendant’s Motion to Stay and Compel Arbitration. It was brought to my attention this morning that a technical issue caused my Certification in Support of the Motion to be filed, but not preserved on ECourts. Attached please find a true and accurate copy of my Certification in Support of the Motion with Exhibits and copy of the ECourts Filing Notification dated, October 26, 2023. Thank you for your courtesies. Respectfully, BRANDON J. BRODERICK, ATTORNEY AT LAW By: /s/ Tyler C. Stearns Tyler C. Stearns, Esq. TCS/mt cc: All Counsel of Record (by eCourts) Enclosure River Edge, NJ ▪ Ewing, NJ ▪ Toms River, NJ ▪ Edison, NJ ▪ Newark, NJ New York, NY ▪ Rochester, NY ▪ Huntington, NY ▪ Bridgeport, CT www.brandonjbroderick.com BER-L-006623-22 10/27/2023 2:50:38 PM Pg 2 of 9 Trans ID: LCV20233231808 Marjorie Tiner From: eCtsCivDNR.Mbx@judiciary.state.nj.us Sent: Thursday, October 26, 2023 4:24 PM To: Tyler Stearns; Marjorie Tiner; Sunanda Kaushik Subject: NJ eCourts OPPOSITION TO MOTION Confirmation - Civil Case BER-L-006623-22 SUPERIOR COURT OF NEW JERSEY - eCOURTS The following was filed by STEARNS, TYLER, C on 10/26/2023 at 4:24 PM: Plaintiff Name: KRISTINA FERMAN VALLEY HOSPITAL AND MEDIX, INC, LISSETTE VALENTINE GREEN, KERRY FERRICK, ANDREW Defendant Name: RICHARDS, JOHN AND/OR JANE DOES 1-20 ET AL. Case Caption: FERMAN KRISTINA VS VALLEY HOSPITAL AND MEDIX, I Case Number: BER-L-006623-22 Docket Text: OPPOSITION TO MOTION submitted by STEARNS, TYLER, C of BRANDON J. BRODERICK, ESQ. LLC on behalf of VALLEY HOSPITAL AND MEDIX, INC, ANDREW RICHARDS against KRISTINA FERMAN Transaction ID: LCV20233223852 Documents Attached: Document Type File Name Document Description Plaintiff's Brief in Opposition to Defendants' OPPOSITION TO MOTION OPPOSITION TO MOTION Motion to Compel Arbitration_.pdf Certification in Opposition to Defendant's Motion to Certification Certification in Opposition Compel Arbitration with Exhibits.pdf This communication is for notification purposes only. This email was sent from a notification-only address that cannot accept incoming mail. Please do not reply to this message. 1 BER-L-006623-22 10/27/2023 2:50:38 PM Pg 3 of 9 Trans ID: LCV20233231808 Tyler C. Stearns, Esq. (NJ Bar No. 210582017) BRANDON J. BRODERICK, LLC 65 EAST ROUTE 4, FIRST FLOOR RIVER EDGE, NEW JERSEY 07661 Attorney for Plaintiff (201)357-1424 : KRISTINA FERMAN : SUPERIOR COURT OF NEW JERSEY : LAW DIVISION: BERGEN COUNTY Plaintiff, : : DOCKET NO. BER-L-6623-22 v. : : Civil Action VALLEY HOSPITAL, MEDIX INC., ANDREW : RICARDO, and JOHN AND/OR JANE DOES 1- : 10 (Names Being Fictitious), and ABC Co. 1-10 : CERTIFICATION (Names Being Fictitious) : : Defendant(s). : I, Tyler C. Stearns, Esq., hereby certify as follows: 1. I am an Attorney at Law of the State of New Jersey and an attorney with the law firm of Brandon J. Broderick, LLC, 65 East Route 4, First Floor, River Edge, New Jersey 07661. I am handling the above-captioned matter on behalf of the Plaintiff and am fully familiar with the facts set forth herein. 2. Attached as Exhibit A is a true and accurate copy of Plaintiff’s Certification in Support of Plaintiff’s Opposition to Defendant’s Motion to Compel Arbitration. I hereby certify that the foregoing statements by me are true. I am aware that if the foregoing statements by me or willfully false, I am subject to punishment. BRANDON J. BRODERICK, LLC By: /s/ Tyler C. Stearns Tyler C. Stearns, Esq. Attorneys for Plaintiff Dated: October 26, 2023 BER-L-006623-22 10/27/2023 2:50:38 PM Pg 4 of 9 Trans ID: LCV20233231808 EXHIBIT A BER-L-006623-22 10/27/2023 2:50:38 PM Pg 5 of 9 Trans ID: LCV20233231808 DocuSign Envelope ID: 5406E2CD-1608-4DCF-BBE4-FA32DA350C1F Tyler C. Stearns, Esq. (NJ Bar No. 210582017) BRANDON J. BRODERICK, LLC 65 EAST ROUTE 4, FIRST FLOOR RIVER EDGE, NEW JERSEY 07661 Attorney for Plaintiff (201)357-1424 : KRISTINA FERMAN : SUPERIOR COURT OF NEW JERSEY : LAW DIVISION: BERGEN COUNTY Plaintiff, : : DOCKET NO. BER-L-6623-22 v. : : Civil Action VALLEY HOSPITAL, MEDIX INC., ANDREW : RICARDO, and JOHN AND/OR JANE DOES 1- : 10 (Names Being Fictitious), and ABC Co. 1-10 : PLAINTIFF’S OPPOSITION TO (Names Being Fictitious) : DEFENDANT’S MOTION TO COMPEL : ARBITRATION Defendant(s). : I, Kristina Ferman, being of full age, do hereby certify as follows: 1. I am a resident of the State of New Jersey currently residing at 110 Port Avenue, Elizabeth, NJ 07206. 2. I am the Plaintiff in the above-entitled action. 3. I make this certification in support of my opposition to the Motion to Compel Arbitration filed by Defendants. 4. On or before January 29, 2021, I applied for employment with Defendant Medix, Inc. for a position working for Defendant Valley Hospital. 5. On January 29, 2021, I received an e-mail from recruiter, Andrew Ricardo (“Defendant Ricardo”) with an offer of employment from defendant Medix, Inc. A true and accurate copy of the e-mail from Andrew Ricardo to Plaintiff, dated January 29, 2021, is attached BER-L-006623-22 10/27/2023 2:50:38 PM Pg 6 of 9 Trans ID: LCV20233231808 DocuSign Envelope ID: 5406E2CD-1608-4DCF-BBE4-FA32DA350C1F hereto as Exhibit A. 6. The offer e-mail from Defendant Ricardo stated, “we’re excited to have you as part of the team!” 7. The offer e-mail from Defendant Ricardo stated, “You’ll soon be receiving start paperwork.” 8. The offer e-mail from Defendant Ricardo included information about accessing the employee personal dashboard, assignment information, and payroll. 9. I accepted Defendants’ offer of employment. 10. On January 30, 2021, I logged into the portal and reviewed my start paperwork. 11. Among the start paperwork was a document titled “Mutual Arbitration Agreement”. 12. The Agreement was provided after I accepted the offer of employment with Medix on January 29, 2021. 13. My electronic signature was affixed to the Agreement, dated January 30, 2021. 14. The Agreement was entered into in exchange for my employment with Defendant Medix. 15. Defendant Medix rescinded my offer of employment, and I was never employed by Defendant Medix or any party to this action. I hereby certify that the foregoing statements by me are true. I am aware that if the foregoing statements by me or willfully false, I am subject to punishment. _______________________________________ KRISTINA FERMAN Dated: 10/25/2023 BER-L-006623-22 10/27/2023 2:50:38 PM Pg 7 of 9 Trans ID: LCV20233231808 EXHIBIT A BER-L-006623-22 10/27/2023 2:50:38 PM Pg 8 of 9 Trans ID: LCV20233231808 ---------- Forwarded message --------- From: Andrew Ricardo Date: Fri, Jan 29, 2021 at 5:45 PM Subject: Congratula ons on your offer! Here is what's next... To: Congratulations on your offer, Kristina! We're very excited that you've found the next step in your career, and we wanted to send you a quick note with all the need-to- know information for you to keep on hand. You'll soon be receiving start paperwork from our local office coordinator, so be on the lookout and ready to complete it as soon as possible. If you haven’t already accessed your personal dashboard in Aha!, you will now have access to your weekly pay (available Wednesdays), assignment information, and personal profile. This will be your hub for accessing your timecards, requesting PTO, and contacting me or other representatives for assistance. Log in to my personal account BER-L-006623-22 10/27/2023 2:50:38 PM Pg 9 of 9 Trans ID: LCV20233231808 As a Medix talent, you will be paid on a weekly basis on Fridays. Please ensure to submit your timecard before you clock out every Friday, to ensure timely payment each week. Once you receive your start paperwork, you will also be provided benefits enrollment information. Once you become eligible, you will receive an email notification inviting you to explore your options in your Aha! portal, as well as instruction on reaching out to your benefits representative to opt in should you choose. At the first open enrollment following your six month mark of employment, Medix will automatically enroll you into its 401(k) program. You will be notified via email or mail 30 days before enrollment goes into effect. At this time you will be able to opt out of the program or increase/reduce the size of your contribution. Additionally as a Medix talent, you have the ability to accrue PTO! There are some exceptions based on state laws. You can always access your PTO accruals or days taken (updated weekly), as well as specific exceptions in your Aha! portal. Finally, if you need to call off of work, please contact both your manager and let me know via email or your Aha! dashboard. Should you have any questions or concerns, please reach out to me! All of this information will always be available via Aha!, which we hope will enhance your experience with Medix! Log in to my personal account We're excited to have you as part of our team! Best wishes, Andrew Ricardo **Note: Login token above expires after 8 hours. Need to login but your token has expired? Go to https://ahaopportunity.com/talent/sign-in to login or create an account. © 2020 Aha! Opportunity. All rights reserved. This email may contain con idential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message.