On October 25, 2022 a
OPPOSITION TO MOTION submitted by JONES, LAUREN, B of JAVERBAUM WURGAFT HICKS KAHN WIKSTROM & SININS on behalf of ESTATE OF MARKO GUBEROVIC, NINA PRALL against JULIO PENA, KEVIN AGUEDELO, CHRISTIAN REYES, ALLSTATE INSURANCE COMPANY (UM AND/OR UIM COVERAGE/PURPOSES), ABC INSURANCE COMPANY 1-10 (NAMES BEING FICTITIOUS COMPANIES) ET AL. *LINKED FILING*
was filed
involving a dispute between
Marko Guberovic,
Nina Prall,
and
Abc Bar 1-10,
Allstate Insurance Company,
Ardian Hoti,
Bryan Wood,
Christian Reyes,
Fero Hoti,
Jane Bartender 1-10,
Joe Barkeep 1-10,
Julio Pena,
Kevin Aguedelo,
Satin Dolls,
Xyz Bar Owners 1-5,
Y 1-10 Abc Insurance Compan,
for Auto Negligence-Personal Injury (Non-Verbal Threshold)
in the District Court of Bergen County.
Preview
BER-L-005730-22 08/31/2023 5:15:53 PM Pg 1 of 2 Trans ID: LCV20232500866
August 31, 2023
Via E-Court Filing
John D. O'Dwyer, P.J.Cv.
Superior Court of New Jersey-Bergen County
Justice Center
10 Main Street, 3rd Floor, Rotunda
Hackensack, NJ 07601
Re: Estate of Marko Guberovic by Admin Ad Pros Nina Prall v. Wood, et al.
Docket No. BER-L-005730-22
Our File No.: 21-000934
Dear Judge O'Dwyer:
Please be advised that this office represents Plaintiff, Estate of Marko Guberovic by his
Administrator Ad Prosequendum Nina Prall, in the above-captioned matter. Currently pending before
Your Honor is Defendant, Bryan Wood’s, Motion to Dismiss Plaintiff’s Complaint for Failure to Provide
Discovery, which is returnable on Friday, September 8, 2023. Please accept this letter in lieu of a more
formal opposition to the instant Motion.
This matter arises out an assault and motor vehicle crash that resulted in the death of Marko
Guberovic. Related to this incident, there is a criminal matter presently pending against a number of the
Defendants. At this time, the Bergen County Prosecutor’s Office will not release their file, which contains
information that is necessary for Plaintiff to respond to the discovery requests that have been propounded
onto us. Without the Prosecutor’s file, Plaintiff cannot obtain pertinent information, and although we
would like to produce our discovery, we cannot.
Further, these circumstances are also outlined as the basis for Defendant, Kevin Agudelo’s,
BER-L-005730-22 08/31/2023 5:15:53 PM Pg 2 of 2 Trans ID: LCV20232500866
pending Motion to Stay Discovery, which is currently also returnable on Friday, September 8, 2023.
Due to these circumstances, Plaintiff respectfully requests that the Court deny Defendants’
Motion to Dismiss Plaintiff’s Complaint without prejudice as we await the conclusion of the Bergen
County Prosecutor’s criminal investigation and release of their file.
Thank you for your time and attention to this matter.
Respectfully yours,
Lauren B. Jones
LJ/
cc: All Counsel of Record via eCourts filing
Document Filed Date
August 31, 2023
Case Filing Date
October 25, 2022
Category
Auto Negligence-Personal Injury (Non-Verbal Threshold)
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Preview
BER-L-005730-22 08/31/2023 5:15:53 PM Pg 1 of 2 Trans ID: LCV20232500866 August 31, 2023 Via E-Court Filing John D. O'Dwyer, P.J.Cv. Superior Court of New Jersey-Bergen County Justice Center 10 Main Street, 3rd Floor, Rotunda Hackensack, NJ 07601 Re: Estate of Marko Guberovic by Admin Ad Pros Nina Prall v. Wood, et al. Docket No. BER-L-005730-22 Our File No.: 21-000934 Dear Judge O'Dwyer: Please be advised that this office represents Plaintiff, Estate of Marko Guberovic by his Administrator Ad Prosequendum Nina Prall, in the above-captioned matter. Currently pending before Your Honor is Defendant, Bryan Wood’s, Motion to Dismiss Plaintiff’s Complaint for Failure to Provide Discovery, which is returnable on Friday, September 8, 2023. Please accept this letter in lieu of a more formal opposition to the instant Motion. This matter arises out an assault and motor vehicle crash that resulted in the death of Marko Guberovic. Related to this incident, there is a criminal matter presently pending against a number of the Defendants. At this time, the Bergen County Prosecutor’s Office will not release their file, which contains information that is necessary for Plaintiff to respond to the discovery requests that have been propounded onto us. Without the Prosecutor’s file, Plaintiff cannot obtain pertinent information, and although we would like to produce our discovery, we cannot. Further, these circumstances are also outlined as the basis for Defendant, Kevin Agudelo’s, BER-L-005730-22 08/31/2023 5:15:53 PM Pg 2 of 2 Trans ID: LCV20232500866 pending Motion to Stay Discovery, which is currently also returnable on Friday, September 8, 2023. Due to these circumstances, Plaintiff respectfully requests that the Court deny Defendants’ Motion to Dismiss Plaintiff’s Complaint without prejudice as we await the conclusion of the Bergen County Prosecutor’s criminal investigation and release of their file. Thank you for your time and attention to this matter. Respectfully yours, Lauren B. Jones LJ/ cc: All Counsel of Record via eCourts filing