Preview
BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 1 of 2 Trans ID: LCV20233508410
MARGOLIS EDELSTEIN
100 Century Parkway, Suite 200
Mount Laurel, NJ 08054
856-727-6034
Jeanine D. Clark, Esquire 016331998
Attorneys for Defendant, Hoehe Engineering, LLC
Our File No.: 21500.1-03983
______________________________
SCOTT MENARD AND DANIELLE : SUPERIOR COURT OF NEW JERSEY,
MENARD, HUSBAND AND WIFE : LAW DIVISION, BURLINGTON COUNTY
:
Plaintiffs : Docket No: BUR-L-1730-22
:
vs. :
:
COLBIE’S SOUTHERN KISSED :
CHICKEN, GEMCAP DEVELOPMENTS, :
LLC, DOVER CONTRACTING :
COMPANY AND HOEHE :
ENGINEERING, LLC : NOTICE OF MOTION TO COMPEL
: DISCOVERY FROM DEFENDANT SCOTT
Defendants : MENARD
______________________________:
To: Steven Cohen, Esquire
Attorney for Defendant Scott Menard
PLEASE TAKE NOTICE that on Friday, January 5, 2024 at 9:00
a.m. in the forenoon or as soon thereafter as counsel may be
heard, the undersigned attorneys for Defendant Hoehe
Engineering, LLC will apply to the Superior Court of New Jersey,
Law Division, Burlington County for an order compelling
Defendant Scott Menard to provide fully responsive Answers to
Supplemental Interrogatories and Notice to Produce propounded by
Hoehe Engineering, LLC. Pursuant to Rule 1:6-2, the undersigned
will rely upon the annexed Certification of Counsel. A proposed
BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 2 of 2 Trans ID: LCV20233508410
form of order is attached. The original of the within motion
was filed with the Superior Court of New Jersey via eCourts and
a courtesy copy was forwarded to the assigned motion judge via
regular mail. A copy was forwarded to all respective counsel in
the consolidated actions via eCourts.
Oral argument is hereby requested in the event this motion
is timely opposed.
Respectfully submitted,
MARGOLIS EDELSTEIN
Attorneys for Defendant,
Hoehe Engineering, LLC
By: __________________________
Jeanine D. Clark, Esquire
Dated: November 30, 2023
BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 1 of 2 Trans ID: LCV20233508410
MARGOLIS EDELSTEIN
100 Century Parkway, Suite 200
Mount Laurel, NJ 08054
856-727-6034
Jeanine D. Clark, Esquire 016331998
Attorneys for Defendant, Hoehe Engineering, LLC
Our File No.: 21500.1-03983
______________________________
SCOTT MENARD AND DANIELLE : SUPERIOR COURT OF NEW JERSEY,
MENARD, HUSBAND AND WIFE : LAW DIVISION, BURLINGTON
COUNTY
:
Plaintiffs : Docket No: BUR-L-1730-22
:
vs. :
:
COLBIE’S SOUTHERN KISSED :
CHICKEN, GEMCAP DEVELOPMENTS, :
LLC, DOVER CONTRACTING :
COMPANY AND HOEHE :
ENGINEERING, LLC :
:
Defendants : ORDER ON MOTION TO COMPEL
THIS MATTER having been brought before the Court on motion of
Margolis Edelstein, attorneys for Defendant Hoehe Engineering, LLC, for an
order compelling Defendant Scott Menard to provide fully responsive Answers
to Supplemental Interrogatories and Notice to Produce within 10 days of entry
of the order, and the court having duly considered the moving papers
submitted in support thereof, and for other good cause shown;
IT IS on this _____ day of _______________ ORDERED that Defendant Scott
Menard shall provide fully responsive answers to Supplemental Interrogatories
and Notice to Produce as propounded by Hoehe Engineering, LLC within 10
days of the entry of this order.
BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 2 of 2 Trans ID: LCV20233508410
__________________________________
Eric G. Fikry, J.S.C.
The within Notice of Motion was:
[ ] unopposed
[ ] opposed
BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 1 of 4 Trans ID: LCV20233508410
MARGOLIS EDELSTEIN
100 Century Parkway, Suite 200
Mount Laurel, NJ 08054
856-727-6034
Jeanine D. Clark, Esquire 016331998
Attorneys for Defendant, Hoehe Engineering, LLC
Our File No.: 21500.1-03983
______________________________
SCOTT MENARD AND DANIELLE : SUPERIOR COURT OF NEW JERSEY,
MENARD, HUSBAND AND WIFE : LAW DIVISION, BURLINGTON COUNTY
:
Plaintiffs : Docket No: BUR-L-1730-22
:
vs. :
:
COLBIE’S SOUTHERN KISSED :
CHICKEN, GEMCAP DEVELOPMENTS, :
LLC, DOVER CONTRACTING :
COMPANY AND HOEHE : CERTIFICATION OF COUNSEL IN
ENGINEERING, LLC : SUPPORT OF MOTION TO COMPEL
: DEFENDANT SCOTT MENARD TO COMPLY
Defendants : WITH SUPPLEMENTAL DISCOVERY
I, Jeanine D. Clark, Esquire, do hereby certify as follows:
1. I am an attorney at law of the State of New Jersey and
a member of the Law Firm of Margolis Edelstein, attorneys for
Defendant Hoehe Engineering, LLC.
2. I make this certification in support of a motion on
behalf of Hoehe Engineering, LLC against Defendant Scott Menard
requiring Defendant Scott Menard to comply with outstanding
written discovery.
3. This matter arises out of a one vehicle accident in
which Defendant Scott Menard was the operator of a heavily
modified drag racing vehicle which struck a stationary object in
a parking lot. Plaintiff Wyatt Menard brought suit against
BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 2 of 4 Trans ID: LCV20233508410
various Defendants including his father, Scott Menard. Scott
Menard also has his own affirmative claims in a separate
consolidated action.
4. Counsel for Defendant Scott Menard previously filed a
motion to deposit policy limits of $15,000 into court.
5. Only Scott Menard and Wyatt Menard have been deposed
in this matter. Limited discovery has taken place.
6. In addition to his operation of the subject vehicle
involved in the crash, Mr. Scott Menard was the owner of an SUV
and a vehicle trailer which was parked obstructing the drive
aisle within the parking lot. Accordingly, Mr. Menard may have
had negligence not only in connection with his operation of the
subject vehicle, but the manner and location in which he parked
his other vehicles.
7. Given the involvement of these additional vehicles and
the additional theories of liability against Mr. Scott Menard,
it is respectfully submitted that no determination by this court
can be made that the proffered $15,000 is in fact the total
available policy limits as to Defendant Scott Menard.
8. In order to explore the underlying factual scenarios
further, and to identify the insurers for the SUV and the travel
trailer, this office propounded supplemental written discovery.
BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 3 of 4 Trans ID: LCV20233508410
9. Specifically, Supplemental Interrogatories, Notice to
Produce and Requests for Admission were forwarded to Mr. Cohen,
counsel for Scott Menard as a Defendant on September 18, 2023.
10. Plaintiff Scott Menard answered the Requests for
Admission. Thus, unless Scott Menard as a Defendant intends to
offer different responses, we are not seeking to compel
responses to Requests for Admission and deem those to be
sufficient.
11. However, Scott Menard did not provide responses to the
Request for Production of Documents which are attached hereto as
Exhibit A, or the Supplemental Interrogatories which are
attached hereto as Exhibit B.
12. Mr. Cohen had previously requested/consented to an
adjournment of his motion to deposit funds so that his client
could provide responses to the supplemental discovery requests.
13. No response or request for extension of time to
respond has been received.
14. A prior e-mail request to defense counsel for Scott
Menard inquiring as to the status of discovery did not receive a
response.
15. On November 29, 2023, a follow-up letter was sent to
Mr. Cohen and same is attached hereto as Exhibit C.
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16. As Defendant Scott Menard’s motion to deposit funds is
scheduled to be heard on December 1, 2023, it was necessary to
file this Motion to Compel at this time.
17. It is respectfully submitted that responses to the
supplemental requests are necessary for this Defendant to pursue
its cross-claims and its defenses.
18. Accordingly, it is respectfully submitted that the
court must grant Defendant Hoehe Engineering, LLC’s Motion to
Compel Defendant Scott Menard to provide fully responsive
answers to Supplemental Interrogatories and a Notice to Produce.
I certify that the following 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.
Respectfully submitted,
MARGOLIS EDELSTEIN
Attorneys for Defendant,
Hoehe Engineering, LLC
By: __________________________
Jeanine D. Clark, Esquire
Dated: November 30, 2023
BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 1 of 2 Trans ID: LCV20233508410
MARGOLIS EDELSTEIN
100 Century Parkway, Suite 200
Mount Laurel, NJ 08054
856-727-6034
Jeanine D. Clark, Esquire 016331998
Attorneys for Defendant, Hoehe Engineering, LLC
Our File No.: 21500.1-03983
______________________________
SCOTT MENARD AND DANIELLE : SUPERIOR COURT OF NEW JERSEY,
MENARD, HUSBAND AND WIFE : LAW DIVISION, BURLINGTON COUNTY
:
Plaintiffs : Docket No: BUR-L-1730-22
:
vs. :
:
COLBIE’S SOUTHERN KISSED :
CHICKEN, GEMCAP DEVELOPMENTS, :
LLC, DOVER CONTRACTING :
COMPANY AND HOEHE :
ENGINEERING, LLC :
:
Defendants : PROOF OF FILING/MAILING
MOTIONS: I hereby certify that an original and one copy of
the within Notice of Motion to Compel Discovery from Defendant
Scott Menard, Certification of Counsel in Support of Motion to
Compel Defendant Scott Menard to Comply with Supplemental
Discovery, and Order on Motion to Compel were filed via eCourts
with the Clerk of the Superior Court, Burlington County, New
Jersey within the time prescribed by the Rules of Court.
PROOF OF MAILING: On November 30, 2023, I, the undersigned,
served via eCourts filing, a copy of the foregoing Notice of
Motion to Compel Discovery from Defendant Scott Menard,
Certification of Counsel in Support of Motion to Compel
BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 2 of 2 Trans ID: LCV20233508410
Defendant Scott Menard to Comply with Supplemental Discovery and
Order on Motion to Compel on all counsel of record.
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.
Respectfully submitted,
MARGOLIS EDELSTEIN
Attorneys for Defendant,
Hoehe Engineering, LLC
By: _______________________
Jeanine D. Clark, Esquire
Dated: November 30, 2023
BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 1 of 4 Trans ID: LCV20233508410
EXHIBIT AA@
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MARGOLIS EDELSTEIN
100 Century Parkway, Suite 200
Mount Laurel, NJ 08054
856-727-6034
Jeanine D. Clark, Esquire 016331998
Attorneys for Defendant, Hoehe Engineering, LLC
Our File No.: 21500.1-03983
______________________________
SCOTT MENARD AND DANIELLE : SUPERIOR COURT OF NEW JERSEY,
MENARD, HUSBAND AND WIFE : LAW DIVISION, BURLINGTON COUNTY
:
Plaintiffs : Docket No: BUR-L-1730-22
:
vs. :
:
COLBIE’S SOUTHERN KISSED :
CHICKEN, GEMCAP DEVELOPMENTS, :
LLC, DOVER CONTRACTING :
COMPANY AND HOEHE :
ENGINEERING, LLC : NOTICE TO PRODUCE
: DIRECTED TO SCOTT MENARD
Defendants : AS A DEFENDANT
TO: Steven H. Cohen, Esquire
Law Offices of Michael E. Pressman
Attorneys for Defendant,
Scott Menard
1. Please attach copies of all policy declaration pages for
any automobile, truck or trailer owned by you or registered in
your name as of October 15, 2020.
ANSWER:
2. Please attach copies of all policy declaration pages for
any motor vehicle, truck or trailer for which you were an
authorized driver as of October 15, 2020.
ANSWER:
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3. Please attach copies of any personal umbrella or excess
policies for which you are a named insured, additional named
insured or an additional insured as of October 15, 2020.
ANSWER:
4. Please provide copies of all declination, denial or
reservation of rights letters to you in connection with the
accident which forms the subject of the pending complaints.
ANSWER:
MARGOLIS EDELSTEIN
Attorneys for Defendant,
Hoehe Engineering, LLC
By: ________________________
Jeanine D. Clark
Dated: September 18, 2023
BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 4 of 4 Trans ID: LCV20233508410
CERTIFICATION
I hereby certify that the foregoing responses to notice to
produce are true to the best of my knowledge and belief.
I further certify that the copies of the annexed reports,
records and other documents rendered by either treating
physicians or proposed expert witnesses are exact copies of the
entire report, record or other documents rendered by them; that
the existence of other reports, records or other documents of
said doctors or experts, either written or oral, are unknown to
me, and if such become later known or available I shall serve
them promptly on the propounding party.
I certify that the foregoing statements made by me are
true. I am aware that if any of the above statements made by me
are willfully false I am subject to punishment.
__________________________________
Dated: , 2023
BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 1 of 6 Trans ID: LCV20233508410
EXHIBIT AB@
BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 2 of 6 Trans ID: LCV20233508410
MARGOLIS EDELSTEIN
100 Century Parkway, Suite 200
Mount Laurel, NJ 08054
856-727-6034
Jeanine D. Clark, Esquire 016331998
Attorneys for Defendant, Hoehe Engineering, LLC
Our File No.: 21500.1-03983
______________________________
SCOTT MENARD AND DANIELLE : SUPERIOR COURT OF NEW JERSEY,
MENARD, HUSBAND AND WIFE : LAW DIVISION, BURLINGTON COUNTY
:
Plaintiffs : Docket No: BUR-L-1730-22
:
vs. :
:
COLBIE’S SOUTHERN KISSED :
CHICKEN, GEMCAP DEVELOPMENTS, :
LLC, DOVER CONTRACTING :
COMPANY AND HOEHE :
ENGINEERING, LLC : SUPPLEMENTAL INTERROGATORIES
: DIRECTED TO
Defendants : DEFENDANT SCOTT MENARD
1. Please indicate whether Defendant Scott Menard owned or had
registered any motor vehicle other than the subject 1956 Chevrolet
on October 15, 2020. Please note that this request seeks
information on vehicles owned individually, jointly or otherwise
by Scott Menard. If your answer is in the affirmative, please
identify said vehicle by make, model, year, and license plate.
ANSWER:
2. If your answer to the preceding interrogatory was in the
affirmative, please provide a copy of the policy declaration page
for each vehicle which was owned by you or registered under your
name on October 15, 2020.
ANSWER:
3. On October 15, 2020 were you named as an additional insured
on any policy of automobile liability insurance? If so, please
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provide a copy of the policy declaration page. If you do not have
access to the policy declaration page, please indicate who has
access to such policy declaration page, the identity of the
insurer, the insurance broker, if known, the policy number(s) and
limits.
ANSWER:
4. Were you a listed authorized driver on an insurance policy
for a vehicle owned by someone else on October 15, 2020? If your
answer to this request is in the affirmative, please identify the
owner(s) of the vehicle(s), the insurer of said vehicle and any
policy details known or accessible to you. If available, please
provide a copy of the policy declaration page.
ANSWER:
5. On October 15, 2020 did you have a personal umbrella or excess
policy? If so, please attach a copy of the policy declaration
page or state the insurer, policy numbers, and limits of liability.
ANSWER:
6. Please indicate whether your automotive business maintained
automobile liability insurance. If your answer to this
interrogatory is in the affirmative, please provide a copy of the
policy declaration page.
ANSWER:
7. Please indicate whether your automotive business maintained
business owners, general liability, or some other form of liability
insurance which is or which may be available to cover losses as a
result of vehicles in the custody or control of said business in
October 2020.
ANSWER:
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8. Please state the owner of the SUV and trailer depicted in the
attached photo.
ANSWER:
9. On October 15, 2020 were any trailers owned by you or
registered in your name? If your answer to this interrogatory is
in the affirmative, please describe each such trailer by size,
color, dimension, make, model and year. Please provide the plate
or registration number and VIN.
ANSWER:
10. If your answer to the preceding interrogatory was in the
affirmative, please identify your insurance company(ies), policy
number(s) and limit(s) for each such trailer. Please provide a
copy of all declaration pages.
ANSWER:
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CERTIFICATION
I hereby certify that the foregoing responses to supplemental
interrogatories are true to the best of my knowledge and belief.
I further certify that the copies of the annexed reports,
records and other documents rendered by either treating physicians
or proposed expert witnesses are exact copies of the entire report,
record or other documents rendered by them; that the existence of
other reports, records or other documents of said doctors or
experts, either written or oral, are unknown to me, and if such
become later known or available I shall serve them promptly on the
propounding party.
I certify that the foregoing statements made by me are true.
I am aware that if any of the above statements made by me are
willfully false I am subject to punishment.
__________________________________
Dated: , 2023
BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 6 of 6 Trans ID: LCV20233508410
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EXHIBIT AC@
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Jeanine D. Clark, Esq.
Direct Dial: 856.727.6034
Attorneys at Law jclark@margolisedelstein.com
www.margolisedelstein.com
Our File No.: 21500.1-03983
SOUTH NEW JERSEY OFFICE:*
100 Century Parkway, Suite 200
P.O. Box 5084
Mount Laurel, NJ 08054 November 28, 2023
856-727-6034
Fax 856-727-6010
_________ E-Mail: scohen@mepressman.com
PHILADELPHIA OFFICE:*
Steven H. Cohen, Esquire
The Curtis Center Law Offices of Michael E. Pressman
170 S. Independence Mall W.
Suite 400E
311 Ridge Road
Philadelphia, PA 19106-3337 Southampton, NJ 08088
215-922-1100
HARRISBURG OFFICE:* Re: Wyatt Menard v. Colbie’s Southern Kissed Chicken, et al.
3510 Trindle Road
Camp Hill, PA 17011
Docket No.: BUR-L-1865-22_______________________
717-975-8114
PITTSBURGH OFFICE:
Dear Mr. Cohen:
The Oliver Building
535 Smithfield Street
Suite 1100
Review of the file indicates we have not yet received your client’s
Pittsburgh, PA 15222 responses to our supplemental discovery requests. Please forward same
412-281-4256
within the next 10 days. If you require additional time, kindly contact this
WESTERN PENNSYLVANIA OFFICE office with an estimate as to when we may reasonably expect to receive
983 Third Street
Beaver, PA 15009
your client’s discovery responses. Thank you for your anticipated
724-774-6000 cooperation.
SCRANTON OFFICE:*
220 Penn Avenue Very truly yours,
Suite 305
Scranton, PA 18503
570-342-4231 MARGOLIS EDELSTEIN
CENTRAL PENNSYLVANIA OFFICE
P.O. BOX 628
Hollidaysburg, PA 16648
814-695-5064
BY: Jeanine D. Clark
NORTH NEW JERSEY OFFICE:
Connell Corporate Center
400 Connell Drive JDC:pm
Suite 5400
Berkeley Heights, NJ 07922 cc: All Counsel of Record via email
908-790-1401
DELAWARE OFFICE:
300 Delaware Avenue
Suite 800
Wilmington, DE 19801
302-888-1112
*Member of the Harmonie Group
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BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 1 of 2 Trans ID: LCV20233508410 MARGOLIS EDELSTEIN 100 Century Parkway, Suite 200 Mount Laurel, NJ 08054 856-727-6034 Jeanine D. Clark, Esquire 016331998 Attorneys for Defendant, Hoehe Engineering, LLC Our File No.: 21500.1-03983 ______________________________ SCOTT MENARD AND DANIELLE : SUPERIOR COURT OF NEW JERSEY, MENARD, HUSBAND AND WIFE : LAW DIVISION, BURLINGTON COUNTY : Plaintiffs : Docket No: BUR-L-1730-22 : vs. : : COLBIE’S SOUTHERN KISSED : CHICKEN, GEMCAP DEVELOPMENTS, : LLC, DOVER CONTRACTING : COMPANY AND HOEHE : ENGINEERING, LLC : NOTICE OF MOTION TO COMPEL : DISCOVERY FROM DEFENDANT SCOTT Defendants : MENARD ______________________________: To: Steven Cohen, Esquire Attorney for Defendant Scott Menard PLEASE TAKE NOTICE that on Friday, January 5, 2024 at 9:00 a.m. in the forenoon or as soon thereafter as counsel may be heard, the undersigned attorneys for Defendant Hoehe Engineering, LLC will apply to the Superior Court of New Jersey, Law Division, Burlington County for an order compelling Defendant Scott Menard to provide fully responsive Answers to Supplemental Interrogatories and Notice to Produce propounded by Hoehe Engineering, LLC. Pursuant to Rule 1:6-2, the undersigned will rely upon the annexed Certification of Counsel. A proposed BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 2 of 2 Trans ID: LCV20233508410 form of order is attached. The original of the within motion was filed with the Superior Court of New Jersey via eCourts and a courtesy copy was forwarded to the assigned motion judge via regular mail. A copy was forwarded to all respective counsel in the consolidated actions via eCourts. Oral argument is hereby requested in the event this motion is timely opposed. Respectfully submitted, MARGOLIS EDELSTEIN Attorneys for Defendant, Hoehe Engineering, LLC By: __________________________ Jeanine D. Clark, Esquire Dated: November 30, 2023 BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 1 of 2 Trans ID: LCV20233508410 MARGOLIS EDELSTEIN 100 Century Parkway, Suite 200 Mount Laurel, NJ 08054 856-727-6034 Jeanine D. Clark, Esquire 016331998 Attorneys for Defendant, Hoehe Engineering, LLC Our File No.: 21500.1-03983 ______________________________ SCOTT MENARD AND DANIELLE : SUPERIOR COURT OF NEW JERSEY, MENARD, HUSBAND AND WIFE : LAW DIVISION, BURLINGTON COUNTY : Plaintiffs : Docket No: BUR-L-1730-22 : vs. : : COLBIE’S SOUTHERN KISSED : CHICKEN, GEMCAP DEVELOPMENTS, : LLC, DOVER CONTRACTING : COMPANY AND HOEHE : ENGINEERING, LLC : : Defendants : ORDER ON MOTION TO COMPEL THIS MATTER having been brought before the Court on motion of Margolis Edelstein, attorneys for Defendant Hoehe Engineering, LLC, for an order compelling Defendant Scott Menard to provide fully responsive Answers to Supplemental Interrogatories and Notice to Produce within 10 days of entry of the order, and the court having duly considered the moving papers submitted in support thereof, and for other good cause shown; IT IS on this _____ day of _______________ ORDERED that Defendant Scott Menard shall provide fully responsive answers to Supplemental Interrogatories and Notice to Produce as propounded by Hoehe Engineering, LLC within 10 days of the entry of this order. BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 2 of 2 Trans ID: LCV20233508410 __________________________________ Eric G. Fikry, J.S.C. The within Notice of Motion was: [ ] unopposed [ ] opposed BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 1 of 4 Trans ID: LCV20233508410 MARGOLIS EDELSTEIN 100 Century Parkway, Suite 200 Mount Laurel, NJ 08054 856-727-6034 Jeanine D. Clark, Esquire 016331998 Attorneys for Defendant, Hoehe Engineering, LLC Our File No.: 21500.1-03983 ______________________________ SCOTT MENARD AND DANIELLE : SUPERIOR COURT OF NEW JERSEY, MENARD, HUSBAND AND WIFE : LAW DIVISION, BURLINGTON COUNTY : Plaintiffs : Docket No: BUR-L-1730-22 : vs. : : COLBIE’S SOUTHERN KISSED : CHICKEN, GEMCAP DEVELOPMENTS, : LLC, DOVER CONTRACTING : COMPANY AND HOEHE : CERTIFICATION OF COUNSEL IN ENGINEERING, LLC : SUPPORT OF MOTION TO COMPEL : DEFENDANT SCOTT MENARD TO COMPLY Defendants : WITH SUPPLEMENTAL DISCOVERY I, Jeanine D. Clark, Esquire, do hereby certify as follows: 1. I am an attorney at law of the State of New Jersey and a member of the Law Firm of Margolis Edelstein, attorneys for Defendant Hoehe Engineering, LLC. 2. I make this certification in support of a motion on behalf of Hoehe Engineering, LLC against Defendant Scott Menard requiring Defendant Scott Menard to comply with outstanding written discovery. 3. This matter arises out of a one vehicle accident in which Defendant Scott Menard was the operator of a heavily modified drag racing vehicle which struck a stationary object in a parking lot. Plaintiff Wyatt Menard brought suit against BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 2 of 4 Trans ID: LCV20233508410 various Defendants including his father, Scott Menard. Scott Menard also has his own affirmative claims in a separate consolidated action. 4. Counsel for Defendant Scott Menard previously filed a motion to deposit policy limits of $15,000 into court. 5. Only Scott Menard and Wyatt Menard have been deposed in this matter. Limited discovery has taken place. 6. In addition to his operation of the subject vehicle involved in the crash, Mr. Scott Menard was the owner of an SUV and a vehicle trailer which was parked obstructing the drive aisle within the parking lot. Accordingly, Mr. Menard may have had negligence not only in connection with his operation of the subject vehicle, but the manner and location in which he parked his other vehicles. 7. Given the involvement of these additional vehicles and the additional theories of liability against Mr. Scott Menard, it is respectfully submitted that no determination by this court can be made that the proffered $15,000 is in fact the total available policy limits as to Defendant Scott Menard. 8. In order to explore the underlying factual scenarios further, and to identify the insurers for the SUV and the travel trailer, this office propounded supplemental written discovery. BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 3 of 4 Trans ID: LCV20233508410 9. Specifically, Supplemental Interrogatories, Notice to Produce and Requests for Admission were forwarded to Mr. Cohen, counsel for Scott Menard as a Defendant on September 18, 2023. 10. Plaintiff Scott Menard answered the Requests for Admission. Thus, unless Scott Menard as a Defendant intends to offer different responses, we are not seeking to compel responses to Requests for Admission and deem those to be sufficient. 11. However, Scott Menard did not provide responses to the Request for Production of Documents which are attached hereto as Exhibit A, or the Supplemental Interrogatories which are attached hereto as Exhibit B. 12. Mr. Cohen had previously requested/consented to an adjournment of his motion to deposit funds so that his client could provide responses to the supplemental discovery requests. 13. No response or request for extension of time to respond has been received. 14. A prior e-mail request to defense counsel for Scott Menard inquiring as to the status of discovery did not receive a response. 15. On November 29, 2023, a follow-up letter was sent to Mr. Cohen and same is attached hereto as Exhibit C. BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 4 of 4 Trans ID: LCV20233508410 16. As Defendant Scott Menard’s motion to deposit funds is scheduled to be heard on December 1, 2023, it was necessary to file this Motion to Compel at this time. 17. It is respectfully submitted that responses to the supplemental requests are necessary for this Defendant to pursue its cross-claims and its defenses. 18. Accordingly, it is respectfully submitted that the court must grant Defendant Hoehe Engineering, LLC’s Motion to Compel Defendant Scott Menard to provide fully responsive answers to Supplemental Interrogatories and a Notice to Produce. I certify that the following 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. Respectfully submitted, MARGOLIS EDELSTEIN Attorneys for Defendant, Hoehe Engineering, LLC By: __________________________ Jeanine D. Clark, Esquire Dated: November 30, 2023 BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 1 of 2 Trans ID: LCV20233508410 MARGOLIS EDELSTEIN 100 Century Parkway, Suite 200 Mount Laurel, NJ 08054 856-727-6034 Jeanine D. Clark, Esquire 016331998 Attorneys for Defendant, Hoehe Engineering, LLC Our File No.: 21500.1-03983 ______________________________ SCOTT MENARD AND DANIELLE : SUPERIOR COURT OF NEW JERSEY, MENARD, HUSBAND AND WIFE : LAW DIVISION, BURLINGTON COUNTY : Plaintiffs : Docket No: BUR-L-1730-22 : vs. : : COLBIE’S SOUTHERN KISSED : CHICKEN, GEMCAP DEVELOPMENTS, : LLC, DOVER CONTRACTING : COMPANY AND HOEHE : ENGINEERING, LLC : : Defendants : PROOF OF FILING/MAILING MOTIONS: I hereby certify that an original and one copy of the within Notice of Motion to Compel Discovery from Defendant Scott Menard, Certification of Counsel in Support of Motion to Compel Defendant Scott Menard to Comply with Supplemental Discovery, and Order on Motion to Compel were filed via eCourts with the Clerk of the Superior Court, Burlington County, New Jersey within the time prescribed by the Rules of Court. PROOF OF MAILING: On November 30, 2023, I, the undersigned, served via eCourts filing, a copy of the foregoing Notice of Motion to Compel Discovery from Defendant Scott Menard, Certification of Counsel in Support of Motion to Compel BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 2 of 2 Trans ID: LCV20233508410 Defendant Scott Menard to Comply with Supplemental Discovery and Order on Motion to Compel on all counsel of record. 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. Respectfully submitted, MARGOLIS EDELSTEIN Attorneys for Defendant, Hoehe Engineering, LLC By: _______________________ Jeanine D. Clark, Esquire Dated: November 30, 2023 BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 1 of 4 Trans ID: LCV20233508410 EXHIBIT AA@ BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 2 of 4 Trans ID: LCV20233508410 MARGOLIS EDELSTEIN 100 Century Parkway, Suite 200 Mount Laurel, NJ 08054 856-727-6034 Jeanine D. Clark, Esquire 016331998 Attorneys for Defendant, Hoehe Engineering, LLC Our File No.: 21500.1-03983 ______________________________ SCOTT MENARD AND DANIELLE : SUPERIOR COURT OF NEW JERSEY, MENARD, HUSBAND AND WIFE : LAW DIVISION, BURLINGTON COUNTY : Plaintiffs : Docket No: BUR-L-1730-22 : vs. : : COLBIE’S SOUTHERN KISSED : CHICKEN, GEMCAP DEVELOPMENTS, : LLC, DOVER CONTRACTING : COMPANY AND HOEHE : ENGINEERING, LLC : NOTICE TO PRODUCE : DIRECTED TO SCOTT MENARD Defendants : AS A DEFENDANT TO: Steven H. Cohen, Esquire Law Offices of Michael E. Pressman Attorneys for Defendant, Scott Menard 1. Please attach copies of all policy declaration pages for any automobile, truck or trailer owned by you or registered in your name as of October 15, 2020. ANSWER: 2. Please attach copies of all policy declaration pages for any motor vehicle, truck or trailer for which you were an authorized driver as of October 15, 2020. ANSWER: BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 3 of 4 Trans ID: LCV20233508410 3. Please attach copies of any personal umbrella or excess policies for which you are a named insured, additional named insured or an additional insured as of October 15, 2020. ANSWER: 4. Please provide copies of all declination, denial or reservation of rights letters to you in connection with the accident which forms the subject of the pending complaints. ANSWER: MARGOLIS EDELSTEIN Attorneys for Defendant, Hoehe Engineering, LLC By: ________________________ Jeanine D. Clark Dated: September 18, 2023 BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 4 of 4 Trans ID: LCV20233508410 CERTIFICATION I hereby certify that the foregoing responses to notice to produce are true to the best of my knowledge and belief. I further certify that the copies of the annexed reports, records and other documents rendered by either treating physicians or proposed expert witnesses are exact copies of the entire report, record or other documents rendered by them; that the existence of other reports, records or other documents of said doctors or experts, either written or oral, are unknown to me, and if such become later known or available I shall serve them promptly on the propounding party. I certify that the foregoing statements made by me are true. I am aware that if any of the above statements made by me are willfully false I am subject to punishment. __________________________________ Dated: , 2023 BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 1 of 6 Trans ID: LCV20233508410 EXHIBIT AB@ BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 2 of 6 Trans ID: LCV20233508410 MARGOLIS EDELSTEIN 100 Century Parkway, Suite 200 Mount Laurel, NJ 08054 856-727-6034 Jeanine D. Clark, Esquire 016331998 Attorneys for Defendant, Hoehe Engineering, LLC Our File No.: 21500.1-03983 ______________________________ SCOTT MENARD AND DANIELLE : SUPERIOR COURT OF NEW JERSEY, MENARD, HUSBAND AND WIFE : LAW DIVISION, BURLINGTON COUNTY : Plaintiffs : Docket No: BUR-L-1730-22 : vs. : : COLBIE’S SOUTHERN KISSED : CHICKEN, GEMCAP DEVELOPMENTS, : LLC, DOVER CONTRACTING : COMPANY AND HOEHE : ENGINEERING, LLC : SUPPLEMENTAL INTERROGATORIES : DIRECTED TO Defendants : DEFENDANT SCOTT MENARD 1. Please indicate whether Defendant Scott Menard owned or had registered any motor vehicle other than the subject 1956 Chevrolet on October 15, 2020. Please note that this request seeks information on vehicles owned individually, jointly or otherwise by Scott Menard. If your answer is in the affirmative, please identify said vehicle by make, model, year, and license plate. ANSWER: 2. If your answer to the preceding interrogatory was in the affirmative, please provide a copy of the policy declaration page for each vehicle which was owned by you or registered under your name on October 15, 2020. ANSWER: 3. On October 15, 2020 were you named as an additional insured on any policy of automobile liability insurance? If so, please BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 3 of 6 Trans ID: LCV20233508410 provide a copy of the policy declaration page. If you do not have access to the policy declaration page, please indicate who has access to such policy declaration page, the identity of the insurer, the insurance broker, if known, the policy number(s) and limits. ANSWER: 4. Were you a listed authorized driver on an insurance policy for a vehicle owned by someone else on October 15, 2020? If your answer to this request is in the affirmative, please identify the owner(s) of the vehicle(s), the insurer of said vehicle and any policy details known or accessible to you. If available, please provide a copy of the policy declaration page. ANSWER: 5. On October 15, 2020 did you have a personal umbrella or excess policy? If so, please attach a copy of the policy declaration page or state the insurer, policy numbers, and limits of liability. ANSWER: 6. Please indicate whether your automotive business maintained automobile liability insurance. If your answer to this interrogatory is in the affirmative, please provide a copy of the policy declaration page. ANSWER: 7. Please indicate whether your automotive business maintained business owners, general liability, or some other form of liability insurance which is or which may be available to cover losses as a result of vehicles in the custody or control of said business in October 2020. ANSWER: BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 4 of 6 Trans ID: LCV20233508410 8. Please state the owner of the SUV and trailer depicted in the attached photo. ANSWER: 9. On October 15, 2020 were any trailers owned by you or registered in your name? If your answer to this interrogatory is in the affirmative, please describe each such trailer by size, color, dimension, make, model and year. Please provide the plate or registration number and VIN. ANSWER: 10. If your answer to the preceding interrogatory was in the affirmative, please identify your insurance company(ies), policy number(s) and limit(s) for each such trailer. Please provide a copy of all declaration pages. ANSWER: BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 5 of 6 Trans ID: LCV20233508410 CERTIFICATION I hereby certify that the foregoing responses to supplemental interrogatories are true to the best of my knowledge and belief. I further certify that the copies of the annexed reports, records and other documents rendered by either treating physicians or proposed expert witnesses are exact copies of the entire report, record or other documents rendered by them; that the existence of other reports, records or other documents of said doctors or experts, either written or oral, are unknown to me, and if such become later known or available I shall serve them promptly on the propounding party. I certify that the foregoing statements made by me are true. I am aware that if any of the above statements made by me are willfully false I am subject to punishment. __________________________________ Dated: , 2023 BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 6 of 6 Trans ID: LCV20233508410 BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 1 of 2 Trans ID: LCV20233508410 EXHIBIT AC@ BUR-L-001730-22 11/30/2023 5:20:56 PM Pg 2 of 2 Trans ID: LCV20233508410 Jeanine D. Clark, Esq. Direct Dial: 856.727.6034 Attorneys at Law jclark@margolisedelstein.com www.margolisedelstein.com Our File No.: 21500.1-03983 SOUTH NEW JERSEY OFFICE:* 100 Century Parkway, Suite 200 P.O. Box 5084 Mount Laurel, NJ 08054 November 28, 2023 856-727-6034 Fax 856-727-6010 _________ E-Mail: scohen@mepressman.com PHILADELPHIA OFFICE:* Steven H. Cohen, Esquire The Curtis Center Law Offices of Michael E. Pressman 170 S. Independence Mall W. Suite 400E 311 Ridge Road Philadelphia, PA 19106-3337 Southampton, NJ 08088 215-922-1100 HARRISBURG OFFICE:* Re: Wyatt Menard v. Colbie’s Southern Kissed Chicken, et al. 3510 Trindle Road Camp Hill, PA 17011 Docket No.: BUR-L-1865-22_______________________ 717-975-8114 PITTSBURGH OFFICE: Dear Mr. Cohen: The Oliver Building 535 Smithfield Street Suite 1100 Review of the file indicates we have not yet received your client’s Pittsburgh, PA 15222 responses to our supplemental discovery requests. Please forward same 412-281-4256 within the next 10 days. If you require additional time, kindly contact this WESTERN PENNSYLVANIA OFFICE office with an estimate as to when we may reasonably expect to receive 983 Third Street Beaver, PA 15009 your client’s discovery responses. Thank you for your anticipated 724-774-6000 cooperation. SCRANTON OFFICE:* 220 Penn Avenue Very truly yours, Suite 305 Scranton, PA 18503 570-342-4231 MARGOLIS EDELSTEIN CENTRAL PENNSYLVANIA OFFICE P.O. BOX 628 Hollidaysburg, PA 16648 814-695-5064 BY: Jeanine D. Clark NORTH NEW JERSEY OFFICE: Connell Corporate Center 400 Connell Drive JDC:pm Suite 5400 Berkeley Heights, NJ 07922 cc: All Counsel of Record via email 908-790-1401 DELAWARE OFFICE: 300 Delaware Avenue Suite 800 Wilmington, DE 19801 302-888-1112 *Member of the Harmonie Group