Preview
CAM-L-002505-22 05/09/2023 4:51:39 PM Pg 1 of 3 Trans ID: LCV20231496482
322 Highway 35 | 3rd Floor | Red Bank, NJ 07701
MAIN (732) 985-1000 | FAX (732) 985-2000
May 9, 2023
VIA ECOURTS
Clerk
Camden County Hall of Justice
Superior Court of New Jersey
101 South 5th Street
Camden, New Jersey 08103
Re: Tracy Snyder v. Gondul Trucking, Inc., et al.
Docket No: CAM-L-2505-22
Our File No.: 480.0525
Dear Sir/Madam:
This firm represents defendants, Gondul Trucking, Inc. and Jhobany Cruz. Enclosed
please find (1) Defendants’ Motion to Reinstate the Answer and Defenses of defendant, Gondul
Trucking, Inc.; (2) Certification of Matthew Toto, Esq.; (3) Proposed form of Order; and (4)
Certification of Service in connection with the above referenced matter.
You may charge the applicable filing fee and the $300 RESTORATION FEE to this
firm’s Attorney Collateral Account No. 140778. Your anticipated cooperation is appreciated.
Very truly yours,
TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
MT/dh Matthew Toto
Enclosures.
cc: William J. O’Kane, Jr., Esq.
NEW YORK
NEW JERSEY
ILLINOIS
FLORIDA
CONNECTICUT
www.traublieberman.com CALIFORNIA
CAM-L-002505-22 05/09/2023 4:51:39 PM Pg 2 of 3 Trans ID: LCV20231496482
Matthew Toto, Esq., Attorney ID 021651995
TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
322 Highway 35 South
Red Bank, NJ 07701
(732) 985-1000
Attorneys for defendants, Gondul Trucking, Inc. and Jhobany Cruz
TRACY SNYDER, : SUPERIOR COURT OF NEW JERSEY
: LAW DIVISION: CAMDEN COUNTY
Plaintiff, :
: DOCKET NO.: CAM-L-2505-22
vs. :
: Civil Action
GONDUL TRUCKING, INC.; JHOBANY :
CRUZ; JOHN DOES 1-10, and ABC : NOTICE OF MOTION TO REINSTATE
ENTITIES 1-5, : THE ANSWER AND DEFENSES OF
: DEFENDANT, GONDUL TRUCKING,
Defendants. : INC., PURSUANT TO R.4:23-5(a)(1)
:
To: William J. O’Kane, Jr., Esq.
Archer & Greiner
One Centennial Square
Haddonfield, New Jersey 08033-0968
Attorneys for Plaintiff
PLEASE TAKE NOTICE that on the 26th day of May, 2023 at 9:00 a.m., or as soon
thereafter as counsel may be heard defendants, Gondul Trucking, Inc. and Jhobany Cruz, by and
through their undersigned counsel, TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP,
shall move before the Superior Court of New Jersey, Law Division, Camden County, for an
Order reinstating the Answer and Defenses of defendant, Gondul Trucking, Inc., pursuant to
R.4:23-5(a)(1).
CAM-L-002505-22 05/09/2023 4:51:39 PM Pg 3 of 3 Trans ID: LCV20231496482
PLEASE TAKE FURTHER NOTICE that in support of the within motion, defendants,
Gondul Trucking, Inc. and Jhobany Cruz, shall rely upon the Certification of Counsel submitted
herewith.
PLEASE TAKE FURTHER NOTICE that the undersigned hereby waives oral argument
and consents to disposition on the papers unless opposition is filed, in which event, oral
argument is requested.
PLEASE TAKE FURTHER NOTICE that the Discovery End Date is October 18, 2023.
No Trial Date has been set in this matter.
TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
Attorneys for defendants, Gondul Trucking, Inc. and Jhobany Cruz
Date: May 9, 2023 By: ________________________________________
Matthew Toto
CAM-L-002505-22 05/09/2023 4:51:39 PM Pg 1 of 1 Trans ID: LCV20231496482
Matthew Toto, Esq., Attorney ID 021651995
TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
322 Highway 35 South
Red Bank, NJ 07701
(732) 985-1000
Attorneys for defendants, Gondul Trucking, Inc. and Jhobany Cruz
TRACY SNYDER, : SUPERIOR COURT OF NEW JERSEY
Plaintiff, : LAW DIVISION: CAMDEN COUNTY
:
vs. : DOCKET NO.: CAM-L-2505-22
:
GONDUL TRUCKING, INC.; JHOBANY : Civil Action
CRUZ; JOHN DOES 1-10, and ABC :
ENTITIES 1-5, : ORDER REINSTATING THE
: ANSWER AND DEFENSES OF
Defendants. : DEFENDANT, GONDUL TRUCKING,
: INC., PURSUANT TO R.4:23-5(A)(1)
:
This matter having been opened to the Court on motion by the law offices of TRAUB
LIEBERMAN STRAUS & SHREWSBERRY LLP, attorneys for defendants, Gondul Trucking,
Inc. and Jhobany Cruz, for an Order reinstating the Answer and Defenses of defendant, Gondul
Trucking, Inc., pursuant to R.4:23-5(a)(1) and the Court having considered the moving papers,
certification of counsel, and for good cause shown,
IT IS on this ___________ day of May, 2023 hereby,
ORDERED that the Answer and Defenses of defendant, Gondul Trucking, Inc., be and
are hereby reinstated pursuant to R.4:23-5(a)(1); and it is further;
ORDERED that a copy of the within Order shall be served on all counsel via E-Courts
____________________________________
J.S.C.
This motion was
Opposed ______
Unopposed ______
CAM-L-002505-22 05/09/2023 4:51:39 PM Pg 1 of 2 Trans ID: LCV20231496482
Matthew Toto, Esq., Attorney ID 021651995
TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
322 Highway 35 South
Red Bank, NJ 07701
(732) 985-1000
Attorneys for defendants, Gondul Trucking, Inc. and Jhobany Cruz
TRACY SNYDER, : SUPERIOR COURT OF NEW JERSEY
: LAW DIVISION: CAMDEN COUNTY
Plaintiff, :
: DOCKET NO.: CAM-L-2505-22
vs. :
: Civil Action
GONDUL TRUCKING, INC.; JHOBANY :
CRUZ; JOHN DOES 1-10, and ABC ENTITIES : CERTIFICATION OF COUNSEL IN
1-5, : SUPPORT OF MOTION TO
: REINSTATE THE ANSWER AND
Defendants. : DEFENSES OF DEFENDANT,
: GONDUL TRUCKING, INC.,
: PURSUANT TO R.4:23-5(A)(1)
Matthew Toto, of full age, hereby certifies as follows:
1. I am an attorney at law of the State of New Jersey and I am a partner with the law firm
of TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP, attorneys for defendants,
Gondul Trucking, Inc. and Jhobany Cruz. I am fully familiar with the facts of the within
matter and I make this certification in support of the defendants’ notice of motion to
reinstate the Answer and Defenses of defendant, Gondul Trucking, Inc., pursuant to
R.4:23-5(a)(1).
2. This matter arises out of an automobile accident allegedly occurring on May 25, 2022.
3. On March 31, 2023, the Honorable Anthony M. Pugliese, J.S.C. entered an Order striking
the Answer and Defenses of defendant, Gondul Trucking, Inc., without prejudice for
Gondul Trucking, Inc.’s failure to provide discovery.
CAM-L-002505-22 05/09/2023 4:51:39 PM Pg 2 of 2 Trans ID: LCV20231496482
4. On May 9, 2023, the undersigned served plaintiff with Gondul Trucking, Inc.’s Answers
to Form “C” Interrogatories; Answers to Form “C1” Interrogatories; Answers to
Supplemental Interrogatories; and responses to plaintiff’s demand for production of
documents.
5. As such, the discovery asserted to have been withheld has been fully and responsively
provided to plaintiff’s counsel.
6. In addition, we have submitted payment in the amount of $300 representing the restoration
fee pursuant to R.4:23-5(a)(1).
7. As such, defendant, Gondul Trucking, Inc., is no longer in default of its discovery
obligations.
8. Therefore, defendants, Gondul Trucking, Inc. and Jhobany Cruz, request an Order
reinstating the Answer and Defenses of defendant, Gondul Trucking, Inc., pursuant to
R.4:23-5(a)(1).
9. The discovery end date in this matter is currently October 18, 2023. To date, the
discovery period has not been extended by consent or otherwise. No trial date has been
set in this matter.
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.
_______________________
May 9, 2023 Matthew Toto
CAM-L-002505-22 05/09/2023 4:51:39 PM Pg 1 of 1 Trans ID: LCV20231496482
CERTIFICATE OF SERVICE
I hereby certify that on May 9, 2023, a copy of the Notice of Motion and all supporting
documents were forwarded to the Motions Clerk of the Superior Court of New Jersey, Camden
County, via E-Courts. I further certify that a copy of the Notice of Motion and all supporting
documents were sent to all counsel of record via First Class U.S. Mail.
William J. O’Kane, Jr., Esq.
Archer & Greiner
One Centennial Square
Haddonfield, New Jersey 08033-0968
Attorneys for Plaintiff
Date: May 9, 2023 _________________________________
Matthew Toto
Preview
CAM-L-002505-22 05/09/2023 4:51:39 PM Pg 1 of 3 Trans ID: LCV20231496482 322 Highway 35 | 3rd Floor | Red Bank, NJ 07701 MAIN (732) 985-1000 | FAX (732) 985-2000 May 9, 2023 VIA ECOURTS Clerk Camden County Hall of Justice Superior Court of New Jersey 101 South 5th Street Camden, New Jersey 08103 Re: Tracy Snyder v. Gondul Trucking, Inc., et al. Docket No: CAM-L-2505-22 Our File No.: 480.0525 Dear Sir/Madam: This firm represents defendants, Gondul Trucking, Inc. and Jhobany Cruz. Enclosed please find (1) Defendants’ Motion to Reinstate the Answer and Defenses of defendant, Gondul Trucking, Inc.; (2) Certification of Matthew Toto, Esq.; (3) Proposed form of Order; and (4) Certification of Service in connection with the above referenced matter. You may charge the applicable filing fee and the $300 RESTORATION FEE to this firm’s Attorney Collateral Account No. 140778. Your anticipated cooperation is appreciated. Very truly yours, TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP MT/dh Matthew Toto Enclosures. cc: William J. O’Kane, Jr., Esq. NEW YORK NEW JERSEY ILLINOIS FLORIDA CONNECTICUT www.traublieberman.com CALIFORNIA CAM-L-002505-22 05/09/2023 4:51:39 PM Pg 2 of 3 Trans ID: LCV20231496482 Matthew Toto, Esq., Attorney ID 021651995 TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP 322 Highway 35 South Red Bank, NJ 07701 (732) 985-1000 Attorneys for defendants, Gondul Trucking, Inc. and Jhobany Cruz TRACY SNYDER, : SUPERIOR COURT OF NEW JERSEY : LAW DIVISION: CAMDEN COUNTY Plaintiff, : : DOCKET NO.: CAM-L-2505-22 vs. : : Civil Action GONDUL TRUCKING, INC.; JHOBANY : CRUZ; JOHN DOES 1-10, and ABC : NOTICE OF MOTION TO REINSTATE ENTITIES 1-5, : THE ANSWER AND DEFENSES OF : DEFENDANT, GONDUL TRUCKING, Defendants. : INC., PURSUANT TO R.4:23-5(a)(1) : To: William J. O’Kane, Jr., Esq. Archer & Greiner One Centennial Square Haddonfield, New Jersey 08033-0968 Attorneys for Plaintiff PLEASE TAKE NOTICE that on the 26th day of May, 2023 at 9:00 a.m., or as soon thereafter as counsel may be heard defendants, Gondul Trucking, Inc. and Jhobany Cruz, by and through their undersigned counsel, TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP, shall move before the Superior Court of New Jersey, Law Division, Camden County, for an Order reinstating the Answer and Defenses of defendant, Gondul Trucking, Inc., pursuant to R.4:23-5(a)(1). CAM-L-002505-22 05/09/2023 4:51:39 PM Pg 3 of 3 Trans ID: LCV20231496482 PLEASE TAKE FURTHER NOTICE that in support of the within motion, defendants, Gondul Trucking, Inc. and Jhobany Cruz, shall rely upon the Certification of Counsel submitted herewith. PLEASE TAKE FURTHER NOTICE that the undersigned hereby waives oral argument and consents to disposition on the papers unless opposition is filed, in which event, oral argument is requested. PLEASE TAKE FURTHER NOTICE that the Discovery End Date is October 18, 2023. No Trial Date has been set in this matter. TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP Attorneys for defendants, Gondul Trucking, Inc. and Jhobany Cruz Date: May 9, 2023 By: ________________________________________ Matthew Toto CAM-L-002505-22 05/09/2023 4:51:39 PM Pg 1 of 1 Trans ID: LCV20231496482 Matthew Toto, Esq., Attorney ID 021651995 TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP 322 Highway 35 South Red Bank, NJ 07701 (732) 985-1000 Attorneys for defendants, Gondul Trucking, Inc. and Jhobany Cruz TRACY SNYDER, : SUPERIOR COURT OF NEW JERSEY Plaintiff, : LAW DIVISION: CAMDEN COUNTY : vs. : DOCKET NO.: CAM-L-2505-22 : GONDUL TRUCKING, INC.; JHOBANY : Civil Action CRUZ; JOHN DOES 1-10, and ABC : ENTITIES 1-5, : ORDER REINSTATING THE : ANSWER AND DEFENSES OF Defendants. : DEFENDANT, GONDUL TRUCKING, : INC., PURSUANT TO R.4:23-5(A)(1) : This matter having been opened to the Court on motion by the law offices of TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP, attorneys for defendants, Gondul Trucking, Inc. and Jhobany Cruz, for an Order reinstating the Answer and Defenses of defendant, Gondul Trucking, Inc., pursuant to R.4:23-5(a)(1) and the Court having considered the moving papers, certification of counsel, and for good cause shown, IT IS on this ___________ day of May, 2023 hereby, ORDERED that the Answer and Defenses of defendant, Gondul Trucking, Inc., be and are hereby reinstated pursuant to R.4:23-5(a)(1); and it is further; ORDERED that a copy of the within Order shall be served on all counsel via E-Courts ____________________________________ J.S.C. This motion was Opposed ______ Unopposed ______ CAM-L-002505-22 05/09/2023 4:51:39 PM Pg 1 of 2 Trans ID: LCV20231496482 Matthew Toto, Esq., Attorney ID 021651995 TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP 322 Highway 35 South Red Bank, NJ 07701 (732) 985-1000 Attorneys for defendants, Gondul Trucking, Inc. and Jhobany Cruz TRACY SNYDER, : SUPERIOR COURT OF NEW JERSEY : LAW DIVISION: CAMDEN COUNTY Plaintiff, : : DOCKET NO.: CAM-L-2505-22 vs. : : Civil Action GONDUL TRUCKING, INC.; JHOBANY : CRUZ; JOHN DOES 1-10, and ABC ENTITIES : CERTIFICATION OF COUNSEL IN 1-5, : SUPPORT OF MOTION TO : REINSTATE THE ANSWER AND Defendants. : DEFENSES OF DEFENDANT, : GONDUL TRUCKING, INC., : PURSUANT TO R.4:23-5(A)(1) Matthew Toto, of full age, hereby certifies as follows: 1. I am an attorney at law of the State of New Jersey and I am a partner with the law firm of TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP, attorneys for defendants, Gondul Trucking, Inc. and Jhobany Cruz. I am fully familiar with the facts of the within matter and I make this certification in support of the defendants’ notice of motion to reinstate the Answer and Defenses of defendant, Gondul Trucking, Inc., pursuant to R.4:23-5(a)(1). 2. This matter arises out of an automobile accident allegedly occurring on May 25, 2022. 3. On March 31, 2023, the Honorable Anthony M. Pugliese, J.S.C. entered an Order striking the Answer and Defenses of defendant, Gondul Trucking, Inc., without prejudice for Gondul Trucking, Inc.’s failure to provide discovery. CAM-L-002505-22 05/09/2023 4:51:39 PM Pg 2 of 2 Trans ID: LCV20231496482 4. On May 9, 2023, the undersigned served plaintiff with Gondul Trucking, Inc.’s Answers to Form “C” Interrogatories; Answers to Form “C1” Interrogatories; Answers to Supplemental Interrogatories; and responses to plaintiff’s demand for production of documents. 5. As such, the discovery asserted to have been withheld has been fully and responsively provided to plaintiff’s counsel. 6. In addition, we have submitted payment in the amount of $300 representing the restoration fee pursuant to R.4:23-5(a)(1). 7. As such, defendant, Gondul Trucking, Inc., is no longer in default of its discovery obligations. 8. Therefore, defendants, Gondul Trucking, Inc. and Jhobany Cruz, request an Order reinstating the Answer and Defenses of defendant, Gondul Trucking, Inc., pursuant to R.4:23-5(a)(1). 9. The discovery end date in this matter is currently October 18, 2023. To date, the discovery period has not been extended by consent or otherwise. No trial date has been set in this matter. 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. _______________________ May 9, 2023 Matthew Toto CAM-L-002505-22 05/09/2023 4:51:39 PM Pg 1 of 1 Trans ID: LCV20231496482 CERTIFICATE OF SERVICE I hereby certify that on May 9, 2023, a copy of the Notice of Motion and all supporting documents were forwarded to the Motions Clerk of the Superior Court of New Jersey, Camden County, via E-Courts. I further certify that a copy of the Notice of Motion and all supporting documents were sent to all counsel of record via First Class U.S. Mail. William J. O’Kane, Jr., Esq. Archer & Greiner One Centennial Square Haddonfield, New Jersey 08033-0968 Attorneys for Plaintiff Date: May 9, 2023 _________________________________ Matthew Toto