Motion to Extend Discovery Cut-Off Date in Dunn Vs Liberty Mutual Insurance| Trellis.Law

On June 15, 2017 a Motion,Ex Parte was filed involving a dispute between Terry Dunn, and Abc Company 1-5, Liberty Mutual Insurance, for Um Or Uim Claim (Includes Bodily Injury) in the District Court of Burlington County.

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BUR-L-001369-17 01/03/2018 9:21:10 AM Pg 1 of 5 Trans ID: LCV201810205

BERNADETTE S. STYLIADES* LAW OFFICES OF MARIO C. COLITTI*
LEWIS K. JACKSON THOMAS E. MILLER
ANDRES VEGA**
ROBERT McGRATH
STYLIADES and JACKSON ROBERT M. GILBERT
MARIA GUERRA
DENISE FOLIO TUNNEY* Not a Partnership JOHN E. NOLAN
SEAN D. CASCIO* DONNA J. SOVA
BERTRAND C. HARRY, LL.M. * JOSEPH C. PUZZO
DOMINICK FIORELLO Employees of Liberty Mutual Group WILLIAM L. BRACAGLIA
JOHN J. MASTRONARDI* DANIEL KAYE**
G. SAMUEL HOFFMAN* MICHAEL J. PALMA ++
CHRISTINE M. MERCADO-SPIES EMILY S. BARNETT**
MICHAEL R. BUSTARD* 9000 MIDLANTIC DRIVE, SUITE 105 LYNN HERSHKOVITS-GOLDBERG
KELLEY LEYON MOUNT LAUREL, NJ 08054 PATRICIA R. LYONS
SUNGKYU S. LEE*** CHRISTOPHER M. KOLB**
JENNIFER L. DRYER* NICOLE L. HOLLINGSWORTH****
MADHUMITA DEY* Telephone (856) 596-7778 MICHAEL A. ROTER **
JULIE H. ROBINSON* JILL L. ASH **
JOANNA M. INGLESSIS CLIFFORD J. GIANTONIO
CATHERINE A. SCHMUTZ* FAX (866) 772-9418 MARY CHEN**
DOUGLAS J. NOSKO* ERIK M. ORTEGA**
TONI M. GHEEN*
Worker’s Comp. Dept. FAX (603) 334-7199 LISA R. MARSHALL**
LAURA M. GIFFORD* HILLARY C. KRUGER
QUEEN N. STEWART BENEDICT F. VALLIERE*
KATHY A. KENNEDY
*ADMITTED NJ & PA WILLIAM F. SWEENEY*
**ADMITTED NJ & NY MOIRA T. DILLAWAY**
*** ADMITTED NJ, PA & NY GRACE ROBOL-CHMIELARZ
****ADMITTED NJ, NY & DC MARIE CORONEL
CERTIFIED BY THE SUPREME COURT OF LISA R. OROPOLLO
NEW JERSEY AS A CIVIL TRIAL ATTORNEY AYANNA Y. KELLAR**
 CERTIFIED BY THE SUPREME COURT OF JASON B. LEVOY**
NEW JERSEY AS A WORKERS’ BRITTANY S. HALE
COMPENSATION ATTORNEY KIM L. MICHAELS*
++ADMITTED NJ, NY, PA & CERTIFIED BY
THE SUPREME COURT OF NJ AS A CIVIL
TRIAL ATTORNEY

January 3, 2018

The Honorable Aimee Belgard
Burlington County Superior Court
49 Rancocas Road
Mount Holly, NJ 08060

RE: DUNN, TERRY V LMIC, et al.
DOCKET NO: BUR-L-1369-17
OUR FILE NO: LA327-019414902-0003

Dear Judge Belgard:

This motion has been submitted via e-courts.

Attached is the courtesy copy for Your Honor.

Thank you.

Respectfully Submitted,

BY:________________________
Madhumita Dey, Esq.
madhumita.dey@libertymutual.com

MD/rm
Enc.
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LAW OFFICES OF STYLIADES AND JACKSON
BY: Madhumita Dey, Esq.
Attorney ID: 023212010
9000 Midlantic Drive
Suite 105 - First Floor
Mount Laurel, NJ 08054
856-596-7778
Attorneys for Defendant(s), Liberty Mutual Insurance Company

TERRY DUNN SUPERIOR COURT OF NEW JERSEY
Plaintiff, LAW DIVISION: BURLINGTON COUNTY
DOCKET NO.: BUR-L-1369-17
v. *
CIVIL ACTION
LIBERTY MUTUAL INSURANCE and/or *
ABC COMPANY #1-5 (Fict.) NOTICE OF MOTION TO DISMISS
Defendant. PLAINTIFF’S COMPLAINT FOR
FAILURE TO RESPOND TO
DISCOVERY REQUESTS

TO: Mark V. Oddo Esq.
511 Cooper Street
Camden, NJ 08102
Attorney for Plaintiff(s)

PLEASE TAKE NOTICE that on Friday, 01/19/2018, at 9:00 o'clock in the forenoon or
as soon thereafter as counsel may be heard, the undersigned, Attorney for Defendant(s), Liberty
Mutual Insurance Company, shall apply before the Superior Court of New Jersey, Law Division,
before such Judge as may then be sitting, for an Order dismissing Plaintiff’s Complaint for failure to
respond to discovery requests pursuant to New Jersey Court Rule 4:23-4 and Rule 4:23-5.
Counsel will rely on the attached certification and exhibits.
Oral Argument is not requested unless opposition is filed.

LAW OFFICES OF STYLIADES AND
JACKSON
Attorney for Defendant(s),
Liberty Mutual Insurance Company

BY:______________________________
Madhumita Dey, Esq.
DATED: January 3, 2018
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STATEMENT

Original and one copy of above Notice of Motion has been forwarded to the Clerk of the

County of Burlington for filing.

In addition, the undersigned certifies that copies of the within Motion have been sent to all

counsel of record at their respective addresses.

LAW OFFICES OF STYLIADES AND
JACKSON
Attorney for Defendant(s),
Liberty Mutual Insurance Company

BY:______________________________
Madhumita Dey, Esq.
DATED: January 3, 2018
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LIST OF DATES
(Appropriate Boxes Checked, and Date Given if Applicable)

[x] Arbitration Date: n/a

[ ] Calendar Call Date:

[ ] Trial Date:

[x] Discovery End Date: 07/19/2018

[x] This case has been assigned neither a Pretrial Conference Date, Calendar Call
Date, nor a Trial Date.
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I, Sarah Murtaugh, hereby certify that:

1. I am an assistant in the Law Offices of Styliades and Jackson, 9000 Midlantic
Drive, Suite 105 - First Floor, Mount Laurel, NJ 08054.
2. On the 3rd day of January, 2018, I electronically filed this motion. At that time I
confirmed that the parties listed below were registered for electronic service. If any of the
parties listed below are/were not registered for electronic service, I mailed a copy of the
within motion via regular mail to:

Mark V. Oddo, Esq.
DuBois, Sheehan, Hamilton, Levin & Weissman
511 Cooper Street
Camden, NJ 08102
Attorney for Plaintiff(s)

/s/Sarah Murtaugh
____________________________________
Sarah Murtaugh
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LAW OFFICES OF STYLIADES AND JACKSON
Madhumita Dey, Esq.
Attorney ID#: 023212010
9000 Midlantic Drive
Suite 105 - First Floor
Mount Laurel, NJ 08054
856-596-7778
Attorneys for Defendant, Liberty Mutual Insurance Company

TERRY DUNN SUPERIOR COURT OF NEW JERSEY
Plaintiff, LAW DIVISION: BURLINGTON COUNTY
DOCKET NO.: BUR-L-1369-17
v.
CIVIL ACTION
LIBERTY MUTUAL INSURANCE and/or
ABC COMPANY #1-5 (Fict.) ORDER TO DISMISS PLAINTIFF’S
Defendant. COMPLAINT FOR FAILURE TO
RESPOND TO DISCOVERY REQUESTS

The above matter having been brought before the Court upon motion by Law Offices of

Styliades and Jackson attorney for Defendant, Liberty Mutual Insurance Company, for an Order to

dismiss plaintiff’s complaint for failure to respond to discovery requests, and the Court having

considered the motion papers filed by the parties, and good cause thus having been shown,

IT IS, on this day of , 2018,

ORDERED, that plaintiff’s complaint is hereby dismissed without prejudice for failure to

respond to discovery, and it is;

FURTHER ORDERED that a copy of this order be served upon all parties of record within

7 days of receipt.

___________________________________
J.S.C.

Opposed
Unopposed
BUR-L-001369-17 01/03/2018 9:21:10 AM Pg 1 of 12 Trans ID: LCV201810205

TERRY DUNN SUPERIOR COURT OF NEW JERSEY
Plaintiff, LAW DIVISION: BURLINGTON COUNTY
DOCKET NO.: BUR-L-1369-17
v.
CIVIL ACTION
LIBERTY MUTUAL INSURANCE and/or
ABC COMPANY #1-5 (Fict.) CERTIFICATION IN SUPPORT OF
Defendant. MOTION TO DISMISS FOR FAILURE
TO PROVIDE DISCOVERY

I, Madhumita Dey, Esq., of full age, hereby certify as follows:

1. I am an attorney-at-law in the State of New Jersey and am the attorney for Defendant

Liberty Mutual Insurance Company in the above-captioned matter and I am familiar with this case.

2. On September 21, 2017, a request for production of documents, interrogatories and

supplemental interrogatories to be answered by the plaintiff were served on Plaintiff’s counsel. (See

demands annexed Exhibit "A")

3. In a letter dated November 10, 2017, a request was made upon Plaintiff to serve

discovery responses. It was indicated that continued non-compliance would result in the

appropriate motion being filed with the Court without further attempts to resolve this matter. (See

letter annexed Exhibit “B”).

4. Discovery responses have not been supplied to this office at the present date. There has

been no formal motion for extension of time made by the plaintiff.

5. Defendant has forwarded discovery responses to plaintiff and therefore is not in default

of answering same. Defendant has attempted to resolve this issue, but has been unsuccessful.

WHEREFORE, Defendant, Liberty Mutual Insurance Company, respectfully requests that

plaintiff's complaint be dismissed pursuant to New Jersey Court Rule 4:23-5 and 4:23-4.
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I hereby 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.

Law Offices of Styliades and Jackson
Attorney for Defendant,
Liberty Mutual Insurance Company

Madhumita Dey, Esq.
Dated: January 3, 2018
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EXHIBIT A
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LAW OFFICES OF STYLIADES AND JACKSON
BY: Madhumita Dey, Esq.
Attorney ID#: 023212010
9000 Midlantic Drive
Suite 105 - First Floor
Mount Laurel, NJ 08054
856-596-7778
Attorneys for Defendant(s), Liberty Mutual Insurance Company

Defendant(s), Liberty Mutual Insurance Company, by way of Answer to the Complaint filed
in the within matter, says:
FIRST COUNT
1. Answering Defendant(s) is/are without sufficient knowledge or information upon which to
form a belief and neither admit(s) nor deny(ies) same but leave(s) the Plaintiff(s) to their proof(s).
2. Answering defendant admits that Terry Dunn was covered under LMIC Policy of
Insurance# AOU23830074840. All remaining allegations, Answering Defendant(s) is/are without
sufficient knowledge or information upon which to form a belief and leave(s) the Plaintiff(s) to their
proof(s).
3. Answering Defendant(s) is/are without sufficient knowledge or information upon which to
form a belief and neither admit(s) nor deny(ies) same but leave(s) the Plaintiff(s) to their proof(s).
4. Answering Defendant(s) is/are without sufficient knowledge or information upon which to
form a belief and neither admit(s) nor deny(ies) same but leave(s) the Plaintiff(s) to their proof(s).
5. Answering Defendant(s) is/are without sufficient knowledge or information upon which to
form a belief and neither admit(s) nor deny(ies) same but leave(s) the Plaintiff(s) to their proof(s).
6. (a-f) Answering Defendant(s) is/are without sufficient knowledge or information upon
which to form a belief and neither admit(s) nor deny(ies) same but leave(s) the Plaintiff(s) to their
proof(s).
7. Answering Defendant(s) is/are without sufficient knowledge or information upon which to
form a belief and neither admit(s) nor deny(ies) same but leave(s) the Plaintiff(s) to their proof(s).
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DEMAND FOR ANSWERS TO INTERROGATORIES
PLEASE TAKE NOTICE that the Answering Defendant(s) demands answers from the
Plaintiff(s) to Uniform Interrogatories, Form A and Supplemental Interrogatories, Demand for
Production of Documents as set forth in Appendix II of the New Jersey Court, and demands
answers from the Co- Defendant(s) to Uniform Interrogatories C and C1, as set forth in Appendix
II of the New Jersey Court and Demand for Documents.

Law Offices of Styliades and Jackson
Attorney for Defendant(s),
Liberty Mutual Insurance Company

BY:
Madhumita Dey, Esq.
DATED: September 21, 2017
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Dear Counsel:

PLEASE TAKE NOTICE that the undersigned attorney for the Defendant(s) demand that
the Plaintiff(s)/Co-Defendant(s) produce the following documents for inspection and copying at the
Law Offices of Styliades and Jackson, 9000 Midlantic Drive, Suite 105 - First Floor, Mount Laurel,
NJ 08054 within the time prescribed by the Court:

1. Any and all statements recorded or written, signed or unsigned, concerning this action
from all witnesses including any statements from the parties herein, or their respective agents,
servants or employees.

2. The originals, clear copies, or the negatives of any photographs relating to the above
captioned claim, including but not limited to, the area involved in this accident or occurrence, the
locale or surrounding area of the site of this accident or occurrence, the damages sustained by
Plaintiff, or any other matter or things involved in this accident or occurrence in your possession or
under your control, or that of your agents, servants, workmen and/or employees or counsel.

3. The original or a legible copy of any and all statements, reports, or memoranda setting
forth the facts disclosed in any and all surveys, inspections, testing or investigation with reference to
the above captioned claim being in your possession or under the control of you, your agents,
servants, workmen and/or employees or counsel except for the personal notes of impressions,
conclusions or opinions respecting the value or merit of the claim.

4. A copy of any written incident report concerning this incident or occurrence signed or
prepared by anyone for you, your insurance carrier or your attorneys.

5. All writings, statements, descriptions, notice of loss reports, report of incident, and any
and all documents in your possession or your insurance carrier, and/or your counsel, or any of your,
its or his agents, servants, workman, employees, pertaining to the incident upon which this suit is
based, and pertaining to all aspects of the incident, claim or accident which gave rise to the instant
BUR-L-001369-17 01/03/2018 9:21:10 AM Pg 7 of 12 Trans ID: LCV201810205

cause of action; however, you may excise or delete any references to the mental impressions,
conclusions or opinions representing value or merit of a claim or defense, or respecting strategy or
tactics and further excluding privileged communications from counsel.

6. All diagrams, blueprints, plans, specifications, pictures, sketches of the scene, and/or
instrumentalities involved and/or manner in which this incident occurred.

7. All bills, reports and records from any physician, hospital or other medical professional or
treatment providers concerning the injuries allegedly sustained by you in this accident or occurrence.

8. Any and all reports or documents obtained from any government agency, fire or police
department pertaining to the incident or occurrence in question.

9. All property damage estimates rendered for any object belonging to the Plaintiff, which
was involved in this accident or occurrence.

10. Any and all documents containing the names and home and business addresses of all
individuals contacted as potential witnesses.

11. Reports, memoranda, qualifications and any other documents provided by any expert
retained by you or anyone acting on your behalf.

12. Any and all income tax returns filed by Plaintiff, within the period of three (3) years
immediately prior to the date of the accident at issue and up to and including the present.

13. Any and all contracts, deeds, agreements or other documents between any of the parties
to this lawsuit.

14. Complete the attached authorization with name(s) and address(es) of plaintiff's family
physician(s) for the last ten (10) years.

15. Complete the attached authorization with name(s) and address(es) of plaintiff's
employer(s) at the time of the subject loss through the present.

16. Complete the attached authorization with name(s) and address(es) of any and all
physicians who examined and/or treated plaintiff
as a result of any and all prior or subsequent injuries.

17. Any and all cell phone records covering the date of the accident in question.

18. Complete the attached authorization with name(s) and address(es) of any and all
facilities that performed any and all diagnostic studies not only for the subject accident but including
any and all prior and/or subsequent injuries.

19. Any and all information regarding plaintiff's eligibility for Medicare benefits including,
but not limited to, documentation of receipt of Medicare benefits; notification to Medicare of a
potential claim. Pursuant to Rule 4:18-1(b), this is an ongoing request and any and all updates
regarding same shall be served promptly.
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20. Any and all medical bills and payment of same for treatment related to the accident at
issue if covered by Workers Compensation, PIP and/or a Health Care Provider including a total of
said bills;

21. The date(s) and location(s) of any and all prior accident(s) (including, but not limited to,
auto, slip and fall, workers compensation) as well as the Auto, Worker Comp, and/or Major Medical
Insurance carrier information including Name, Address of Company, contact person, if known, for
claims, and claim number;

22. The date(s) and location(s) of any and all subsequent accident(s) (including, but not
limited to, auto, slip and fall, workers compensation) as well as Auto, Workers Comp, and/or Major
Medical Insurance carrier information including Name, Address of Company, contact person, if
known, for claim and claim number.

Law Offices of Styliades and Jackson
Attorney for Defendant(s),
Liberty Mutual Insurance Company

BY:
Madhumita Dey, Esq.
DATED: September 21, 2017
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SUPPLEMENTAL INTERROGATORIES TO BE ANSWERED BY PLAINTIFF(S)

1. Where did you go immediately after the accident?

2. Provide the name and address of your family physician(s) for the last ten (10) years

3. If since the date of the accident, you have ever worn any brace, support, or other form of
orthopedic device, describe the device and the length of time it was used.

4. Provide the name and address of any and all practitioners who provided treatment for any injury
or illness you suffered since the date of the accident herein.

5. Provide the name and address of any and all practitioners who provided treatment for any injury
or illness you suffered before the date of the accident herein.

6. On the date of the accident, if you were either an insured, named insured, or resident relative of
an insured attach a copy of any such policy hereto.

7. For the vehicle which you occupied attach a copy of the applicable policy hereto.

8. Are you currently receiving Medicare benefits? Yes ___ No____ If yes, please provide your
Medicare Health Insurance Claim Number (HICN): _______________
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If the answer is Yes, have you or your attorney notified the Medicare Coordination of Benefits
Contractor about the claim you are making? Yes:_____ No:______

If the answer is No, have you ever applied for Social Security Disability Insurance ("SSDI") benefits?
Yes __ No __ If yes, date applied ________

9. If SSDI was accepted, what is the date of your SSDI entitlement date? ___________

10. Have you treated for end-stage renal disease that has required dialysis treatment or kidney
transplant? Yes ___ No____
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EXHIBIT%
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BERNADETTE S. STYLIADES* LAW OFFICES OF MARIO C. COLITTI*
LEWIS K. JACKSON THOMAS E. MILLER
ANDRES VEGA**
ROBERT McGRATH
STYLIADES and JACKSON ROBERT M. GILBERT
MARIA GUERRA
DENISE FOLIO TUNNEY* Not a Partnership JOHN E. NOLAN
SEAN D. CASCIO* DONNA J. SOVA
BERTRAND C. HARRY, LL.M. * JOSEPH C. PUZZO
DOMINICK FIORELLO Employees of Liberty Mutual Group WILLIAM L. BRACAGLIA
JOHN J. MASTRONARDI* DANIEL KAYE**
G. SAMUEL HOFFMAN* MICHAEL J. PALMA ++
CHRISTINE M. MERCADO-SPIES EMILY S. BARNETT**
MICHAEL R. BUSTARD* 9000 MIDLANTIC DRIVE, SUITE 105 LYNN HERSHKOVITS-GOLDBERG
KELLEY LEYON MOUNT LAUREL, NJ 08054 PATRICIA R. LYONS
SUNGKYU S. LEE*** CHRISTOPHER M. KOLB**
JENNIFER L. DRYER* NICOLE L. HOLLINGSWORTH****
MADHUMITA DEY* Telephone (856) 596-7778 MICHAEL A. ROTER **
JULIE H. ROBINSON* JILL L. ASH **
MICHELLE D. GASIOR* SARABRAJ S. THAPAR **
JOANNA M. INGLESSIS FAX (866) 772-9418 CLIFFORD J. GIANTONIO
CATHERINE A. SCHMUTZ* Worker’s Comp. Dept. FAX (603) 334-7199 MARY KWAPNIEWSKI-CHEN**
DOUGLAS J. NOSKO* ERIK M. ORTEGA**
TONI M. GHEEN* LISA R. MARSHALL**
LAURA M. GIFFORD* HILLARY C. KRUGER
QUEEN N. STEWART BENEDICT F. VALLIERE*
KATHY A. KENNEDY
*ADMITTED NJ & PA WILLIAM F. SWEENEY*
**ADMITTED NJ & NY MOIRA T. DILLAWAY**
*** ADMITTED NJ, PA & NY GRACE ROBOL-CHMIELARZ
****ADMITTED NJ, NY & DC MARIE CORONEL
CERTIFIED BY THE SUPREME COURT OF LISA R. OROPOLLO
NEW JERSEY AS A CIVIL TRIAL ATTORNEY AYANNA Y. KELLAR**
 CERTIFIED BY THE SUPREME COURT OF JASON B. LEVOY**
NEW JERSEY AS A WORKERS’ BRITTANY S. HALE
COMPENSATION ATTORNEY
++ADMITTED NJ, NY, PA & CERTIFIED BY
THE SUPREME COURT OF NJ AS A CIVIL
TRIAL ATTORNEY

November 10, 2017

Mark V. Oddo, Esq.
DuBois, Sheehan, Hamilton, Levin & Weissman
511 Cooper Street
Camden, NJ 08102
Sent via E-mail: mvoddo@dshllaw.com

RE: DUNN, TERRY V LMIC, et al.
Docket Number: BUR-L-1369-17
Our File Number: LA327-019414902-0003

Dear Mr. Oddo:

On September 22, 2017, our office forwarded Interrogatories, Demand for Production of
Documents and Authorizations to be completed by your client. To date, I have not received same.
At this time, I request that you forward your client's responses within fourteen (14) days of the date
of this correspondence.

Please note that your continued non-compliance will result in an appropriate motion being
made to the Court without further attempt to resolve this matter.

Thank you for your cooperation in this matter.

Very truly yours,
/s/ Madhumita Dey
Madhumita Dey, Esq.
madhumita.dey@libertymutual.com
MD/lw

Case Info

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Jeanne T Covert Track Judge’s New Case

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Document Filed Date

January 03, 2018

Case Filing Date

June 15, 2017

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Motion,Ex Parte: Dunn Vs Liberty Mutual Insurance

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