On April 01, 2023 a
ORDER TO BAR-Denied by Judge HERTZBERG, RICHARD, L re: MOTION TO BAR [LCV20232383858]
was filed
involving a dispute between
Darrell Choates Sr,
and
David A Dovel,
Deborah Hospital,
Dovel A David,
Marissa Dovell,
for Defamation
in the District Court of Burlington County.
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BUR-L-000679-23 11/08/2023 Pg 1 of 2 Trans ID: LCV20233333883
DARRELL CHOATES SR, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, BURLINGTON COUNTY
DOCKET NO. BUR-L-0679-23
vs.
CIVIL ACTION
DEBORAH HOSPITAL AND DAVID A.
DOVEL, ORDER
Defendants.
THIS MATTER having come before the Court upon Defendant’s motion to
intervene, Defendant’s motion to dismiss, Plaintiff’s motion to file an amended complaint,
Plaintiff’s motion to dismiss the counterclaims, Plaintiff’s motion to reconsider, Plaintiff’s
motion to strike, Plaintiff’s motion to compel discovery, Plaintiff’s motion to disqualify counsel,
and Defendant’s motion to dismiss, and the Court having reviewed the papers submitted and
having heard oral argument of Counsel, and for the reasons set forth on the record and for good
cause shown;
8th
IT IS on this _______ November
day of __________________ 2023 ORDERED as follows:
1. Defendant, Marissa Dovell’s motion to intervene and join Defendant, David Dovell’s
counterclaim is GRANTED.
2. All Counts in Plaintiff’s complaint are DISMISSED with prejudice as to Defendant,
Deborah Heart and Lung Center, and Defendant, David Dovell. This dismissal does
not impact Sandra Choates’ right to pursue claims on her behalf. The statute of
limitations on claims she may have against Deborah Hospital and David A. Dovell is
tolled between the filing of this action (April 1, 2023) and the date of this Order.
3. Plaintiff’s motion to file an amended complaint is DENIED.
BUR-L-000679-23 11/08/2023 Pg 2 of 2 Trans ID: LCV20233333883
4. Plaintiff’s motion to dismiss the counterclaim is DENIED.
5. Plaintiff’s motion to reconsider is DENIED.
6. Plaintiff’s motion to strike is DENIED.
7. Plaintiff’s motion to compel is DENIED.
8. Plaintiff’s motion to disqualify counsel is DENIED.
9. A case management conference is scheduled for December 7, 2023 at 10:00am via
Zoom.
IT IS FURTHER ORDERED that this Order shall be deemed effectuated upon all
parties upon its upload to eCourts. Movant shall serve all parties not electronically served within
seven (7) days of the date of this Order.
_______________________________
Richard L. Hertzberg, J.S.C.
Document Filed Date
November 08, 2023
Case Filing Date
April 01, 2023
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BUR-L-000679-23 11/08/2023 Pg 1 of 2 Trans ID: LCV20233333883 DARRELL CHOATES SR, SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, BURLINGTON COUNTY DOCKET NO. BUR-L-0679-23 vs. CIVIL ACTION DEBORAH HOSPITAL AND DAVID A. DOVEL, ORDER Defendants. THIS MATTER having come before the Court upon Defendant’s motion to intervene, Defendant’s motion to dismiss, Plaintiff’s motion to file an amended complaint, Plaintiff’s motion to dismiss the counterclaims, Plaintiff’s motion to reconsider, Plaintiff’s motion to strike, Plaintiff’s motion to compel discovery, Plaintiff’s motion to disqualify counsel, and Defendant’s motion to dismiss, and the Court having reviewed the papers submitted and having heard oral argument of Counsel, and for the reasons set forth on the record and for good cause shown; 8th IT IS on this _______ November day of __________________ 2023 ORDERED as follows: 1. Defendant, Marissa Dovell’s motion to intervene and join Defendant, David Dovell’s counterclaim is GRANTED. 2. All Counts in Plaintiff’s complaint are DISMISSED with prejudice as to Defendant, Deborah Heart and Lung Center, and Defendant, David Dovell. This dismissal does not impact Sandra Choates’ right to pursue claims on her behalf. The statute of limitations on claims she may have against Deborah Hospital and David A. Dovell is tolled between the filing of this action (April 1, 2023) and the date of this Order. 3. Plaintiff’s motion to file an amended complaint is DENIED. BUR-L-000679-23 11/08/2023 Pg 2 of 2 Trans ID: LCV20233333883 4. Plaintiff’s motion to dismiss the counterclaim is DENIED. 5. Plaintiff’s motion to reconsider is DENIED. 6. Plaintiff’s motion to strike is DENIED. 7. Plaintiff’s motion to compel is DENIED. 8. Plaintiff’s motion to disqualify counsel is DENIED. 9. A case management conference is scheduled for December 7, 2023 at 10:00am via Zoom. IT IS FURTHER ORDERED that this Order shall be deemed effectuated upon all parties upon its upload to eCourts. Movant shall serve all parties not electronically served within seven (7) days of the date of this Order. _______________________________ Richard L. Hertzberg, J.S.C.