Preview
BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 1 of 13 Trans ID: LCV20232941914
IN THE SUPERIOR COURT OF NEW JERSEY
BURLINGTON COUNTY
DARRELL CHOATES, DOCKET NO. BUR-L-0679-23
Plaintiff,
vs. MOTION TO DISQUALIFY COUNSEL
DEBORAH HOSPITAL AND DAVID A.
DOVEL
Defendants
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Darrell Choates, the Plaintiff in the above-mentioned case, and respectfully
moves this Honorable Court for an Order disqualifying the following attorneys; Attorney LoraM.
Foley, Attorney Andrew S. Winegar, Attorney Stephen P. DeNittis, Attorney James R. Kravitz.
as counsel for Deborah hospital, David A. Dovell, and Marissa Dovell's based on the following
compelling reasons:
Relationship with the Judge: It has come to the attention of the Plaintiff Darrell
Choates that defense counsel has at one developed a personal and professional relationship with
the presiding judge in this case Hon Aimee Belgard. This relationship, as observed during the
proceedings, raises serious concerns about the impartiality and fairness of the legal process. The
perception of bias undermines the integrity of these proceedings and threatens the fundamental
principle of a fair trial.
Compromising with the Standards of Prosecution: Regrettably, the attorneys have
fallen short of the standards expected of legal counsel in this jurisdiction. There have been
multiple instances where his actions and decisions have compromised the integrity of the
MOTION TO DISQUALIFY COUNSEL - 1
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prosecution's case. These include inadequate legal research, missed deadlines, and insufficient
preparation for hearings and trial, which collectively have hindered the prosecution's ability to
present its case effectively.
Filing Improper Pleadings: defense attorneys, have repeatedly filed pleadings and
documents that do not adhere to the rules and procedures prescribed by this Honorable Court.
These improper pleadings have caused confusion, delays, and unnecessary complications in the
legal process. Such actions hinder the efficient administration of justice in this matter.
Attempt to Mislead the Court and Conceal Conflict of Interest: Attorney Stephen
P. DeNittis, as evidenced in court documents, has been labeled as "DeNittis Osefchen Prince,
pc." This labeling appears to be a deliberate attempt to mislead the court and conceal the conflict
of interest that exists within this representation. This deceptive practice is willful and raises
concerns about transparency and honesty in legal proceedings. Furthermore, it is apparent that
Attorney Stephen P. DeNittis had direct knowledge of the conflict relationship and the personal
and professional relationship between Attorney LoraM. Foley and the presiding judge, Judge
Aimee Belgard. Despite this knowledge, Attorney Stephen P. DeNittis continued to represent the
Defendants, thus compromising the integrity of these proceedings.
Conflict of Interest and Bias : Attorney Stephen P. DeNittis's affiliation with
"DeNittis Osefchen Prince, pc" has direct implications for the conflict of interest and bias within
this case. The law firm "DeNittis Osefchen Prince, pc" has been in direct communication with
Attorney Andrew S. Winegar of Parker McCay, who also represents the Defendants. This
communication and collaboration further taint the impartiality of the legal representation, raising
concerns about ethical standards and conflicts of interest. It is crucial to acknowledge that this
MOTION TO DISQUALIFY COUNSEL - 2
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compromised representation extends beyond Attorney Stephen P. DeNittis and affects the entire
Parker McCay law firm, including Attorney LoraM. Foley.
Improper Joint Filing of Motion for Dismissal: Attorneys Stephen P. DeNittis,
Andrew S. Winegar, and LoraM. Foley, along with their respective law firms, have jointly and
improperly filed a motion for dismissal of the case. This motion is founded on facts that not only
compromise the ethical standards of legal practice but also highlight a conflict of interest among
the involved parties.
In light of these serious concerns and the potential impact on the fairness and integrity of
these proceedings, Plaintiff respectfully requests that this Honorable Court issue an Order to
disqualify Attorney Stephen P. DeNittis and his affiliated law firm "DeNittis Osefchen Prince,
pc", Attorney LoraM. Foley and Attorney Andrew S.Winegar, from representing the Defendants
in this case as counsel for Deborah Hospital and David A. Dovel. This motion is made in the
interest of upholding the principles of justice and ensuring a fair and impartial resolution of this
case.
Dated this 20th day of September, 2023
Darrell Choates pro se
122 Danton Lane, Mullica Hill, NJ 08062.
dchoatesgc@yahoo.com
+1 (267) 978-3040
MOTION TO DISQUALIFY COUNSEL - 3
BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 4 of 13 Trans ID: LCV20232941914
IN THE SUPERIOR COURT OF NEW JERSEY
BURLINGTON COUNTY
DARRELL CHOATES, DOCKET NO. BUR-L-0679-23
Plaintiff,
vs. BRIEF IN SUPPORT OF PLAINTIFF
DARRELL CHOATES’S MOTION TO
DEBORAH HOSPITAL AND DAVID A. DISQUALIFY DEFENDANTS’S
COUNSEL LoraM. Foley
DOVEL
Defendants
Table of contents
I. Introduction ............................................................................................................................. 3
II. Statement of Facts ................................................................................................................... 3
Legal Argument .............................................................................................................................. 5
Violation Of Court Rules and Professional Conduct .................................................................. 5
B. Prejudice to the Plaintiff ......................................................................................................... 6
Conclusion ...................................................................................................................................... 6
BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DISQUALIFY DEFENDANTS’S COUNSEL
LoraM. Foley - 1
BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 5 of 13 Trans ID: LCV20232941914
Table Of Authorities
Cases
(quoting Schiessle v. Stephens, 717 F.2d 417, 420 (7 Cir. 1983)). ................................................ 5
Akerly v. Red Barn Systems, Inc., 551 F.2d 539, 544 (3d Cir. 1977) ............................................ 5
Alexander v. Primerica Holdings, Inc., 822 F.Supp. 1099, 1114 (D.N.J. 1993) ............................ 5
Cordy v. Sherwin-Williams Co., 156 F.R.D. 575, 584 (D.N.J. 1994) ............................................ 5
Corp. v. Levin, 579 F.2d 271, 283 (3d Cir. 1978) .......................................................................... 5
Greig v. Macy’s Northeast, Inc., 1 F.Supp.2d 397, 399-400 (D.N.J. 1998) ................................... 4
BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DISQUALIFY DEFENDANTS’S COUNSEL
LoraM. Foley - 2
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I. Introduction
Darrell Choates, Sr., the Plaintiff in the above-mentioned case, hereby submits
this brief in support of the motion to disqualify defendants Deborah Hospital, David A. Dovell,
and Marissa Dovell's counsel, pursuant to the New Jersey Rules of Court, applicable statutes, and
case law governing the Superior Court, Law Division. This motion seeks the disqualification of
Attorney LoraM. Foley. The request is founded on the imperative of preserving the integrity of
these legal proceedings, upholding the principles of justice, and preventing any potential
unfairness.
Statement of Facts
The facts giving rise to the motion to disqualify the entire defense counsel are as follows:
a. Plaintiff Darrell Choates has brought to the attention of the court that the defense
counsel appears to have developed a personal and professional relationship with
the presiding judge in this case.
b. While acknowledging that legal professionals often engage in collegial
relationships, the nature and extent of this relationship have raised significant
concerns about the appearance of impartiality and fairness in these proceedings.
c. The perception of bias, whether real or perceived, undermines the integrity of the
legal system and the fundamental principle of a fair trial.
d. The submission of documents labeled as "Opposition to Motion" and "Reply
Brief" by Andrew S. Winegar of Parker McCay, PA, on behalf of Deborah
Hospital against Darrell Choates Sr., dated 08/17/2023 (Linked Filing:
BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DISQUALIFY DEFENDANTS’S COUNSEL
LoraM. Foley - 3
BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 7 of 13 Trans ID: LCV20232941914
LCV20232359691 and LCV20232359918), and "Opposition to Motion" filed by
Andrew S. Winegar of Parker McCay, PA, on behalf of Deborah Hospital against
Darrell Choates Sr., dated 08/17/2023 (Linked Filing: LCV20232359932), has
raised concerns regarding adherence to established court procedures.
e. These documents lack the customary depth and legal analysis characteristic of
formal briefs, which jeopardizes the clarity of arguments presented by the defense
and challenges the fairness of the proceedings.
f. The departure from customary norms in filing these documents raises significant
concerns regarding procedural fairness.
g. Principles of due process and equal treatment under the law inherently encompass
a commitment to proper motion practice, which allows for the comprehensive
examination of legal issues before the court.
h. Defense counsel’s representation of Deborah Hospital and David A. Dovel has
fallen short of the standards expected of legal counsel in this jurisdiction.
i. Instances include inadequate legal research, which led to misinterpretations of
relevant laws and regulations, hindering the prosecution's ability to present a
strong case.
j. Consistent missed deadlines have resulted in delays and disruptions in the legal
process, adversely affecting the Plaintiff's ability to prepare and present the case
effectively.
k. Insufficient preparation for hearings and trial, as evidenced during proceedings,
has hindered the prosecution's ability to respond effectively to defense arguments
and evidence.
BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DISQUALIFY DEFENDANTS’S COUNSEL
LoraM. Foley - 4
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l. The defense counsel has repeatedly filed pleadings and documents that do not
adhere to the rules and procedures prescribed by the court.
m. These improper pleadings have caused confusion, delays, and unnecessary
complications in the legal process, hindering the efficient administration of justice
in this matter.
n. Additionally, general correspondence submitted by Mr. James R. Kravitz of Fox
Rothschild LLP, on behalf of David A. Dovel, dated 08/17/2023 (Linked Filing:
LCV20232362350), while not directly related to the present case, reinforces the
pattern of presenting general correspondence in cases that ideally necessitate
proper motions.
Legal Argument
Violation Of Court Rules and Professional Conduct
Filing pleadings that do not adhere to court rules and procedures constitutes a
breach of professional conduct. Attorneys are obligated to submit pleadings that conform to the
court's requirements, and deviations from these standards compromise the fairness of the
proceedings. The conduct of attorneys admitted to this Court is governed by the New Jersey
Rules of Professional Conduct. Greig v. Macy’s Northeast, Inc., 1 F.Supp.2d 397, 399-400
(D.N.J. 1998). The New Jersey Rules of Professional conduct are made applicable to attorneys
admitted to this Case. The Rules of Professional Conduct of the American Bar Association as
revised by the New Jersey Supreme Court shall govern the conduct of the members of the bar
admitted to practice in this Court, subject to such modifications as may be required or permitted
by federal statute, regulation, court rule or decision of law. L. CIV. R. 103.1(a). The Third
BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DISQUALIFY DEFENDANTS’S COUNSEL
LoraM. Foley - 5
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Circuit Court of Appeals has emphasized the importance of avoiding both “the appearance as
well as the actuality of professional impropriety.” Akerly v. Red Barn Systems, Inc., 551 F.2d
539, 544 (3d Cir. 1977). Therefore, any doubt as to the propriety of representation should be
resolved in favor of disqualification. International Business Machines, Corp. v. Levin, 579 F.2d
271, 283 (3d Cir. 1978); Cordy v. Sherwin-Williams Co., 156 F.R.D. 575, 584 (D.N.J. 1994). It
must, however, be noted at the outset that such disqualifications are not looked upon favorably
by the courts. Disqualification is a “‘drastic measure which courts should hesitate to impose
except when absolutely necessary as is the case where unfair play is likely to cause biasness in
the proceeding of this case .’” Alexander v. Primerica Holdings, Inc., 822 F.Supp. 1099, 1114
(D.N.J. 1993) (quoting Schiessle v. Stephens, 717 F.2d 417, 420 (7 Cir. 1983)).
B. Prejudice to the Plaintiff
Improper pleadings create confusion and hinder the Plaintiff's ability to
understand and respond adequately to the defense's arguments. This prejudice disrupts the fair
presentation of the Plaintiff's case and impedes the court's ability to render an equitable decision.
Conclusion
For the reason set forth herein the motion seeking to disqualify the entire defense
counsel due to the potential relationship with the presiding judge, that lead to compromising of
prosecution standards, and the filing of improper pleadings are of utmost significance. These
issues strike at the heart of the principles of fairness, impartiality, and justice that underpin our
legal system.
To safeguard the integrity of these proceedings, to uphold public confidence in the legal
process, and to ensure that justice prevails based on the merits of the case and the principles of
BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DISQUALIFY DEFENDANTS’S COUNSEL
LoraM. Foley - 6
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fairness and impartiality, Plaintiff Darrell Choates respectfully urges this Honorable Court to
grant the motion for the disqualification of Attorney LoraM. Foley as counsel for Deborah
Hospital and Fox Rothschild LLP, David A. Dovell’s attorney alongside DeNittis Osefchen
Prince, pc. Which seeks to intervene for Marrisa Dovell.
Dated this 20th day of September, 2023
Darrell Choates pro se
122 Danton Lane, Mullica Hill, NJ 08062.
dchoatesgc@yahoo.com
+1 (267) 978-3040
BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DISQUALIFY DEFENDANTS’S COUNSEL
LoraM. Foley - 7
BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 11 of 13 Trans ID: LCV20232941914
IN THE SUPERIOR COURT OF NEW JERSEY
BURLINGTON COUNTY
DARRELL CHOATES, DOCKET NO. BUR-L-0679-23
Plaintiff,
vs. PROPOSED ORDER
DEBORAH HOSPITAL AND DAVID A.
DOVEL
Defendants
Upon review of the Motion, the accompanying Brief, and the relevant legal
authorities, it is hereby ORDERED as follows:
1. The Motion to Disqualify Counsel filed by Defendant David A Dovell is hereby granted,
and the disqualification of the law firm Fox Rothschild LLP, represented by R. JAMES
KRAVITZ, as counsel for Defendant David A Dovell is hereby ordered.
2. Defendant David A Dovell shall immediately secure new legal representation and file a
Notice of Appearance with the court within [Insert Number of Days] days of this Order.
3. The law firm Parker McCay P.A., represented by Andrew S. Winegar, Esquire, shall
continue to represent Defendant Deborah Hospital in this matter.
4. Any pending deadlines for filings or proceedings in this case are hereby extended to
accommodate the change in counsel for Defendant David A Dovell.
5. A status conference shall be scheduled within [Insert Number of Days] days from the
date of this Order to address any necessary adjustments to the case schedule.
6. All parties shall adhere to the court's rules and procedures regarding the substitution of
counsel.
PROPOSED ORDER - 1
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7. This Order shall be deemed effective immediately upon the date of its issuance.
SO ORDERED this [Insert Day] day of [Insert Month], [Insert Year].
[Judge's Full Name] [Title of Judge] [Name of Court]
Copies to:
• Darrell Choates, Esquire (via ECF and email)
• R. JAMES KRAVITZ, Fox Rothschild LLP (via ECF and email)
• Andrew S. Winegar, Esquire, Parker McCay P.A. (via ECF and email)
• Court Docket Clerk (via ECF)
PROPOSED ORDER - 2
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CERTIFICATE OF SERVICE
I hereby certify that, on September 9, 2023 I, Darrell Choates, electronically served the following
documents upon the attorneys of record via the Electronic Case Filing (ECF) system and email,
in accordance with the New Jersey Court Rules and applicable laws:
1. Motion to Disqualify Counsel and Brief in Support Thereof.
I made electronic service as follows:
Service to R. JAMES KRAVITZ, Counsel for Defendant David A Dovell:
Electronic Mail: RKravitz@FoxRothschild.com
Service to Andrew S. Winegar, Esquire, Attorney for Deborah Hospital:
Electronic Mail: awinegar@parkermccay.com
I declare under penalty of perjury under the laws of the State of New Jersey that the above
statements are true and correct to the best of my knowledge, information, and belief.
Darrell Choates
Dated: September 25, 2023
Please be advised that a copy of the above-mentioned documents has also been electronically
filed with the court through the Electronic Case Filing (ECF) system
Preview
BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 1 of 13 Trans ID: LCV20232941914 IN THE SUPERIOR COURT OF NEW JERSEY BURLINGTON COUNTY DARRELL CHOATES, DOCKET NO. BUR-L-0679-23 Plaintiff, vs. MOTION TO DISQUALIFY COUNSEL DEBORAH HOSPITAL AND DAVID A. DOVEL Defendants TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Darrell Choates, the Plaintiff in the above-mentioned case, and respectfully moves this Honorable Court for an Order disqualifying the following attorneys; Attorney LoraM. Foley, Attorney Andrew S. Winegar, Attorney Stephen P. DeNittis, Attorney James R. Kravitz. as counsel for Deborah hospital, David A. Dovell, and Marissa Dovell's based on the following compelling reasons: Relationship with the Judge: It has come to the attention of the Plaintiff Darrell Choates that defense counsel has at one developed a personal and professional relationship with the presiding judge in this case Hon Aimee Belgard. This relationship, as observed during the proceedings, raises serious concerns about the impartiality and fairness of the legal process. The perception of bias undermines the integrity of these proceedings and threatens the fundamental principle of a fair trial. Compromising with the Standards of Prosecution: Regrettably, the attorneys have fallen short of the standards expected of legal counsel in this jurisdiction. There have been multiple instances where his actions and decisions have compromised the integrity of the MOTION TO DISQUALIFY COUNSEL - 1 BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 2 of 13 Trans ID: LCV20232941914 prosecution's case. These include inadequate legal research, missed deadlines, and insufficient preparation for hearings and trial, which collectively have hindered the prosecution's ability to present its case effectively. Filing Improper Pleadings: defense attorneys, have repeatedly filed pleadings and documents that do not adhere to the rules and procedures prescribed by this Honorable Court. These improper pleadings have caused confusion, delays, and unnecessary complications in the legal process. Such actions hinder the efficient administration of justice in this matter. Attempt to Mislead the Court and Conceal Conflict of Interest: Attorney Stephen P. DeNittis, as evidenced in court documents, has been labeled as "DeNittis Osefchen Prince, pc." This labeling appears to be a deliberate attempt to mislead the court and conceal the conflict of interest that exists within this representation. This deceptive practice is willful and raises concerns about transparency and honesty in legal proceedings. Furthermore, it is apparent that Attorney Stephen P. DeNittis had direct knowledge of the conflict relationship and the personal and professional relationship between Attorney LoraM. Foley and the presiding judge, Judge Aimee Belgard. Despite this knowledge, Attorney Stephen P. DeNittis continued to represent the Defendants, thus compromising the integrity of these proceedings. Conflict of Interest and Bias : Attorney Stephen P. DeNittis's affiliation with "DeNittis Osefchen Prince, pc" has direct implications for the conflict of interest and bias within this case. The law firm "DeNittis Osefchen Prince, pc" has been in direct communication with Attorney Andrew S. Winegar of Parker McCay, who also represents the Defendants. This communication and collaboration further taint the impartiality of the legal representation, raising concerns about ethical standards and conflicts of interest. It is crucial to acknowledge that this MOTION TO DISQUALIFY COUNSEL - 2 BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 3 of 13 Trans ID: LCV20232941914 compromised representation extends beyond Attorney Stephen P. DeNittis and affects the entire Parker McCay law firm, including Attorney LoraM. Foley. Improper Joint Filing of Motion for Dismissal: Attorneys Stephen P. DeNittis, Andrew S. Winegar, and LoraM. Foley, along with their respective law firms, have jointly and improperly filed a motion for dismissal of the case. This motion is founded on facts that not only compromise the ethical standards of legal practice but also highlight a conflict of interest among the involved parties. In light of these serious concerns and the potential impact on the fairness and integrity of these proceedings, Plaintiff respectfully requests that this Honorable Court issue an Order to disqualify Attorney Stephen P. DeNittis and his affiliated law firm "DeNittis Osefchen Prince, pc", Attorney LoraM. Foley and Attorney Andrew S.Winegar, from representing the Defendants in this case as counsel for Deborah Hospital and David A. Dovel. This motion is made in the interest of upholding the principles of justice and ensuring a fair and impartial resolution of this case. Dated this 20th day of September, 2023 Darrell Choates pro se 122 Danton Lane, Mullica Hill, NJ 08062. dchoatesgc@yahoo.com +1 (267) 978-3040 MOTION TO DISQUALIFY COUNSEL - 3 BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 4 of 13 Trans ID: LCV20232941914 IN THE SUPERIOR COURT OF NEW JERSEY BURLINGTON COUNTY DARRELL CHOATES, DOCKET NO. BUR-L-0679-23 Plaintiff, vs. BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DEBORAH HOSPITAL AND DAVID A. DISQUALIFY DEFENDANTS’S COUNSEL LoraM. Foley DOVEL Defendants Table of contents I. Introduction ............................................................................................................................. 3 II. Statement of Facts ................................................................................................................... 3 Legal Argument .............................................................................................................................. 5 Violation Of Court Rules and Professional Conduct .................................................................. 5 B. Prejudice to the Plaintiff ......................................................................................................... 6 Conclusion ...................................................................................................................................... 6 BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DISQUALIFY DEFENDANTS’S COUNSEL LoraM. Foley - 1 BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 5 of 13 Trans ID: LCV20232941914 Table Of Authorities Cases (quoting Schiessle v. Stephens, 717 F.2d 417, 420 (7 Cir. 1983)). ................................................ 5 Akerly v. Red Barn Systems, Inc., 551 F.2d 539, 544 (3d Cir. 1977) ............................................ 5 Alexander v. Primerica Holdings, Inc., 822 F.Supp. 1099, 1114 (D.N.J. 1993) ............................ 5 Cordy v. Sherwin-Williams Co., 156 F.R.D. 575, 584 (D.N.J. 1994) ............................................ 5 Corp. v. Levin, 579 F.2d 271, 283 (3d Cir. 1978) .......................................................................... 5 Greig v. Macy’s Northeast, Inc., 1 F.Supp.2d 397, 399-400 (D.N.J. 1998) ................................... 4 BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DISQUALIFY DEFENDANTS’S COUNSEL LoraM. Foley - 2 BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 6 of 13 Trans ID: LCV20232941914 I. Introduction Darrell Choates, Sr., the Plaintiff in the above-mentioned case, hereby submits this brief in support of the motion to disqualify defendants Deborah Hospital, David A. Dovell, and Marissa Dovell's counsel, pursuant to the New Jersey Rules of Court, applicable statutes, and case law governing the Superior Court, Law Division. This motion seeks the disqualification of Attorney LoraM. Foley. The request is founded on the imperative of preserving the integrity of these legal proceedings, upholding the principles of justice, and preventing any potential unfairness. Statement of Facts The facts giving rise to the motion to disqualify the entire defense counsel are as follows: a. Plaintiff Darrell Choates has brought to the attention of the court that the defense counsel appears to have developed a personal and professional relationship with the presiding judge in this case. b. While acknowledging that legal professionals often engage in collegial relationships, the nature and extent of this relationship have raised significant concerns about the appearance of impartiality and fairness in these proceedings. c. The perception of bias, whether real or perceived, undermines the integrity of the legal system and the fundamental principle of a fair trial. d. The submission of documents labeled as "Opposition to Motion" and "Reply Brief" by Andrew S. Winegar of Parker McCay, PA, on behalf of Deborah Hospital against Darrell Choates Sr., dated 08/17/2023 (Linked Filing: BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DISQUALIFY DEFENDANTS’S COUNSEL LoraM. Foley - 3 BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 7 of 13 Trans ID: LCV20232941914 LCV20232359691 and LCV20232359918), and "Opposition to Motion" filed by Andrew S. Winegar of Parker McCay, PA, on behalf of Deborah Hospital against Darrell Choates Sr., dated 08/17/2023 (Linked Filing: LCV20232359932), has raised concerns regarding adherence to established court procedures. e. These documents lack the customary depth and legal analysis characteristic of formal briefs, which jeopardizes the clarity of arguments presented by the defense and challenges the fairness of the proceedings. f. The departure from customary norms in filing these documents raises significant concerns regarding procedural fairness. g. Principles of due process and equal treatment under the law inherently encompass a commitment to proper motion practice, which allows for the comprehensive examination of legal issues before the court. h. Defense counsel’s representation of Deborah Hospital and David A. Dovel has fallen short of the standards expected of legal counsel in this jurisdiction. i. Instances include inadequate legal research, which led to misinterpretations of relevant laws and regulations, hindering the prosecution's ability to present a strong case. j. Consistent missed deadlines have resulted in delays and disruptions in the legal process, adversely affecting the Plaintiff's ability to prepare and present the case effectively. k. Insufficient preparation for hearings and trial, as evidenced during proceedings, has hindered the prosecution's ability to respond effectively to defense arguments and evidence. BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DISQUALIFY DEFENDANTS’S COUNSEL LoraM. Foley - 4 BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 8 of 13 Trans ID: LCV20232941914 l. The defense counsel has repeatedly filed pleadings and documents that do not adhere to the rules and procedures prescribed by the court. m. These improper pleadings have caused confusion, delays, and unnecessary complications in the legal process, hindering the efficient administration of justice in this matter. n. Additionally, general correspondence submitted by Mr. James R. Kravitz of Fox Rothschild LLP, on behalf of David A. Dovel, dated 08/17/2023 (Linked Filing: LCV20232362350), while not directly related to the present case, reinforces the pattern of presenting general correspondence in cases that ideally necessitate proper motions. Legal Argument Violation Of Court Rules and Professional Conduct Filing pleadings that do not adhere to court rules and procedures constitutes a breach of professional conduct. Attorneys are obligated to submit pleadings that conform to the court's requirements, and deviations from these standards compromise the fairness of the proceedings. The conduct of attorneys admitted to this Court is governed by the New Jersey Rules of Professional Conduct. Greig v. Macy’s Northeast, Inc., 1 F.Supp.2d 397, 399-400 (D.N.J. 1998). The New Jersey Rules of Professional conduct are made applicable to attorneys admitted to this Case. The Rules of Professional Conduct of the American Bar Association as revised by the New Jersey Supreme Court shall govern the conduct of the members of the bar admitted to practice in this Court, subject to such modifications as may be required or permitted by federal statute, regulation, court rule or decision of law. L. CIV. R. 103.1(a). The Third BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DISQUALIFY DEFENDANTS’S COUNSEL LoraM. Foley - 5 BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 9 of 13 Trans ID: LCV20232941914 Circuit Court of Appeals has emphasized the importance of avoiding both “the appearance as well as the actuality of professional impropriety.” Akerly v. Red Barn Systems, Inc., 551 F.2d 539, 544 (3d Cir. 1977). Therefore, any doubt as to the propriety of representation should be resolved in favor of disqualification. International Business Machines, Corp. v. Levin, 579 F.2d 271, 283 (3d Cir. 1978); Cordy v. Sherwin-Williams Co., 156 F.R.D. 575, 584 (D.N.J. 1994). It must, however, be noted at the outset that such disqualifications are not looked upon favorably by the courts. Disqualification is a “‘drastic measure which courts should hesitate to impose except when absolutely necessary as is the case where unfair play is likely to cause biasness in the proceeding of this case .’” Alexander v. Primerica Holdings, Inc., 822 F.Supp. 1099, 1114 (D.N.J. 1993) (quoting Schiessle v. Stephens, 717 F.2d 417, 420 (7 Cir. 1983)). B. Prejudice to the Plaintiff Improper pleadings create confusion and hinder the Plaintiff's ability to understand and respond adequately to the defense's arguments. This prejudice disrupts the fair presentation of the Plaintiff's case and impedes the court's ability to render an equitable decision. Conclusion For the reason set forth herein the motion seeking to disqualify the entire defense counsel due to the potential relationship with the presiding judge, that lead to compromising of prosecution standards, and the filing of improper pleadings are of utmost significance. These issues strike at the heart of the principles of fairness, impartiality, and justice that underpin our legal system. To safeguard the integrity of these proceedings, to uphold public confidence in the legal process, and to ensure that justice prevails based on the merits of the case and the principles of BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DISQUALIFY DEFENDANTS’S COUNSEL LoraM. Foley - 6 BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 10 of 13 Trans ID: LCV20232941914 fairness and impartiality, Plaintiff Darrell Choates respectfully urges this Honorable Court to grant the motion for the disqualification of Attorney LoraM. Foley as counsel for Deborah Hospital and Fox Rothschild LLP, David A. Dovell’s attorney alongside DeNittis Osefchen Prince, pc. Which seeks to intervene for Marrisa Dovell. Dated this 20th day of September, 2023 Darrell Choates pro se 122 Danton Lane, Mullica Hill, NJ 08062. dchoatesgc@yahoo.com +1 (267) 978-3040 BRIEF IN SUPPORT OF PLAINTIFF DARRELL CHOATES’S MOTION TO DISQUALIFY DEFENDANTS’S COUNSEL LoraM. Foley - 7 BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 11 of 13 Trans ID: LCV20232941914 IN THE SUPERIOR COURT OF NEW JERSEY BURLINGTON COUNTY DARRELL CHOATES, DOCKET NO. BUR-L-0679-23 Plaintiff, vs. PROPOSED ORDER DEBORAH HOSPITAL AND DAVID A. DOVEL Defendants Upon review of the Motion, the accompanying Brief, and the relevant legal authorities, it is hereby ORDERED as follows: 1. The Motion to Disqualify Counsel filed by Defendant David A Dovell is hereby granted, and the disqualification of the law firm Fox Rothschild LLP, represented by R. JAMES KRAVITZ, as counsel for Defendant David A Dovell is hereby ordered. 2. Defendant David A Dovell shall immediately secure new legal representation and file a Notice of Appearance with the court within [Insert Number of Days] days of this Order. 3. The law firm Parker McCay P.A., represented by Andrew S. Winegar, Esquire, shall continue to represent Defendant Deborah Hospital in this matter. 4. Any pending deadlines for filings or proceedings in this case are hereby extended to accommodate the change in counsel for Defendant David A Dovell. 5. A status conference shall be scheduled within [Insert Number of Days] days from the date of this Order to address any necessary adjustments to the case schedule. 6. All parties shall adhere to the court's rules and procedures regarding the substitution of counsel. PROPOSED ORDER - 1 BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 12 of 13 Trans ID: LCV20232941914 7. This Order shall be deemed effective immediately upon the date of its issuance. SO ORDERED this [Insert Day] day of [Insert Month], [Insert Year]. [Judge's Full Name] [Title of Judge] [Name of Court] Copies to: • Darrell Choates, Esquire (via ECF and email) • R. JAMES KRAVITZ, Fox Rothschild LLP (via ECF and email) • Andrew S. Winegar, Esquire, Parker McCay P.A. (via ECF and email) • Court Docket Clerk (via ECF) PROPOSED ORDER - 2 BUR-L-000679-23 2023-09-25 18:49:47.365 Pg 13 of 13 Trans ID: LCV20232941914 CERTIFICATE OF SERVICE I hereby certify that, on September 9, 2023 I, Darrell Choates, electronically served the following documents upon the attorneys of record via the Electronic Case Filing (ECF) system and email, in accordance with the New Jersey Court Rules and applicable laws: 1. Motion to Disqualify Counsel and Brief in Support Thereof. I made electronic service as follows: Service to R. JAMES KRAVITZ, Counsel for Defendant David A Dovell: Electronic Mail: RKravitz@FoxRothschild.com Service to Andrew S. Winegar, Esquire, Attorney for Deborah Hospital: Electronic Mail: awinegar@parkermccay.com I declare under penalty of perjury under the laws of the State of New Jersey that the above statements are true and correct to the best of my knowledge, information, and belief. Darrell Choates Dated: September 25, 2023 Please be advised that a copy of the above-mentioned documents has also been electronically filed with the court through the Electronic Case Filing (ECF) system