Preview
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WALTER M. LUERS, ESQ. - 034041999
LAW OFFICES OF WALTER M. LUERS, LLC
Suite 2
122 West Main Street
Clinton, New Jersey 08809
Telephone: 908.894.5656
Attorneys for Plaintiff
FRAN BROOKS, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BURLINGTON COUNTY
Plaintiff,
DOCKET NO. BUR-L-001048-18
v.
CIVIL ACTION
TOWNSHIP OF TABERNACLE and
LaSHAWN R. BARBER in her official SECOND AMENDED
capacity as Municipal Clerk and Records VERIFIED COMPLAINT
Custodian of the Township of Tabernacle
and in her personal capacity,
Defendants.
Plaintiff Fran Brooks, through her undersigned counsel Law Offices of Walter M.
Luers, LLC, complaining of the Defendants, alleges as follows:
1. This is an action alleging a violation of the Open Public Records Act,
N.J.S.A. 47:1A-1, et seq. (“OPRA”), the common law right of access and the Open Public
Meetings Act, N.J.S.A. 10:4-6, et seq. (“OPMA”). Plaintiff also seeks a penalty pursuant to
N.J.S.A. 47:1A-11.
2. This action is being brought because the Defendants have denied Plaintiff
access to closed session meeting minutes. In addition, the Defendants are violating the OPMA
because they are not making the minutes available “promptly” to the Plaintiff and their minutes
do not adequately reflect the reasons for going into closed session. Defendants have a practice of
withholding approved closed session meeting minutes until they have been “approved for
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release” by the governing body, which violates the OPMA and OPRA. Finally, Plaintiff requests
that the Court impose civil penalties on Defendant Barber for not producing records responsive
to Plaintiff’s OPRA requests.
THE PARTIES
3. Plaintiff Fran Brooks is a citizen of the State of New Jersey and resides at
78 Moores Meadow Road, Tabernacle, New Jersey.
4. Defendant Township of Tabernacle is a public municipal body corporate
and politic of the State of New Jersey and is a political subdivision of the State of New Jersey.
Defendant Township’s principal place of business is 163 Carranza Road, Tabernacle, New
Jersey.
5. Defendant Township is a “public agency” as the term is defined by OPRA,
N.J.S.A. 47:1A-1.1.
6. Defendant La Shawn R. Barber is the Municipal Clerk and Records
Custodian of the Township and by operation of law is a “Custodian of a government record” as
that term is defined by N.J.S.A. 47:1A-1.1. Defendant Barber is being sued in both her official
capacity and in her personal capacity.
7. Defendant Barber’s principal place of business is 163 Carranza Road,
Tabernacle, New Jersey.
JURISDICTION AND VENUE
8. The Court has subject matter jurisdiction of this action pursuant to
N.J.S.A. 47:1A-6, N.J.S.A. 10:4-16 and the common law.
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9. Venue is proper in this court pursuant to R. 4:3-2(a)(2) because all of the
relevant events occurred in Burlington County and the Defendants’ principal place of business or
residence are located in Burlington County.
FACTUAL ALLEGATIONS
10. On April 24, 2018, Plaintiff submitted a request pursuant to OPRA to
Defendants asking for copies of the closed session meeting minutes of the governing body of
Tabernacle Township for the dates of February 22, 2016; June 13, 2016; July 18, 2016; June 26,
2017; September 11, 2017; November 13, 2017; November 27, 2017; January 22, 2018;
February 26, 2018; March 12, 2018; March 26, 2018.
11. All of these closed session minutes have been previously approved by the
governing body.
12. On May 7, 2018, Defendants denied Plaintiff’s OPRA request for each of
the approved eleven closed session minutes. The Clerk provided copies of the minutes, but they
were completely redacted. The Clerk stated that a “Recommendation for Release will be made
for your requested documents at the next Tabernacle Township Committee on May 21, 2018[.]”
(emphasis in original).
13. Defendants’ practice is not to allow the release of approved closed session
meeting minutes until the Township Committee reviews the minutes a second time and adopts a
separate resolution for their release.
14. Defendants generally do not adopt a resolution to release its approved
closed session meeting minutes according to a schedule. More often than not, Tabernacle adopts
its resolution for release in response to an OPRA request for them.
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15. In response to a prior OPRA request by the Plaintiff, on April 25, 2016,
Defendants formally authorized the partial release of previously approved closed session meeting
minutes. The Defendants have also formally authorized the release of previously approved
closed session minutes in response to other OPRA requests. On August 22, 2016, Defendants’
governing body authorized the release of minutes Plaintiff requested on August 1, 2016. On
December 29, 2016, Defendants formally authorized the release of previously approved closed
session minutes that Plaintiff requested on December 13, 2016. On January 22, 2018,
Defendants formally authorized the release of previously approved closed session minutes that
Plaintiff requested on January 8, 2018.
16. The meeting minutes of Defendant’s meetings of the governing body of
February 26, 2018, March 12, 2018 and March 26, 2018 do not adequately describe the reasons
for why the governing body is entering executive session.
ALLEGATIONS RELEVANT TO REQUEST FOR CIVIL PENALTY
17. On February 15, 2018, Plaintiff submitted an OPRA request to Defendant
Tabernacle Township for seven items. In relevant part, Plaintiff requested copies of the
following records enumerated as items six and seven in the request: “(6) All records, including
but not limited to, applications and correspondence by mail or by hardcopy beginning September
1, 2017 through February 14, 2018, for the following bloc[k]s and lots in Tabernacle Township:
A. Block 2001, Lot 22; B. Block 2002, Lot 11.01;” and “(7) All documents from Tabernacle
Township responsive to records referenced in Item 6 above regarding the same blocks and lots
and time period.”
18. On February 27, 2018, Defendant Barber responded to Plaintiff’s February
15, 2018 OPRA request by providing some, but not all, of the responsive documents. Defendant
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Barber provided (1) Email from Thomas Boyd to Fran Brooks, Wednesday, September 20, 2017
8:26 AM; (2) Email from Fran Brooks to Thomas Boyd, Tuesday, September 26, 2017 8:00 PM;
(3) Email from Thomas Boyd to Fran Brooks, Wednesday, September 20, 2017 AM; (4) Email
from Fran Brooks to Thomas Boyd, Tuesday, September 19, 2017 8:46; (5) Re-Occupancy
Certificate, 67 Moore’s Meadow Road, Inspection No. 251, Date: 12/13/17; (7) Application for
Certificate of Compliance Smoke/Fire/Carbon Monoxide Detectors and Fire Extinguisher, Date:
12/13/17; (8) Deed, Instrument number: 5359818.
19. At the time of Defendant’s response to Plaintiff’s February 15, 2018
OPRA Request, Defendants Tabernacle Township and Barber had within their possession at least
two documents that they did not provide at the time. These were: (a) February 6, 2018
correspondence from John and Krystal Hall to Tabernacle requesting permission to use a
recreational vehicle on their property (which is the same property that was the subject of
Plaintiff’s OPRA request) as a temporary or permanent residence and (b) an application for a
zoning permit submitted by the Halls that was marked “received” by the Township on February
7, 2018.
20. At the time of Plaintiff’s February 15, 2018 OPRA request and Defendant
Barber’s February 27, 2018 OPRA response, the February 6, 2018 Hall letter and February 7,
2018 zoning application were in the possession, custody or control of the Defendants and were
responsive to Plaintiff’s OPRA request. The letter, whose existence was unknown to Plaintiff at
the time of this OPRA request and response, was of very high interest to Plaintiff because
Plaintiff resides and owns real property adjacent to the property about which she was inquiring.
The zoning permit application was of high interest to Plaintiff for the same reasons.
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21. On March 13, 2018, Plaintiff submitted a second OPRA request to
Defendants, in relevant part, for two items, which were enumerated as items 2 and 3 in the
OPRA request: “(2) All records, including but not limited to, applications and correspondence
by email or by hardcopy beginning September 1, 2017 through March 13, 2018, for the
following bloc[k]s and lots in Tabernacle Township: A. Block 2001, Lot 22; B. Block 2002, Lot
11.01” and “(3) All documents from Tabernacle Township responsive to records referenced in
Item 3 above regarding the same blocks and lots and time period.”
22. On March 22, 2018, Defendant Barber responded to Plaintiff’s March 13,
2018 OPRA request by providing the following records: (1) Email from Thomas Boyd to Fran
Brooks, Wednesday, September 20, 2017 8:26 AM; (2) Email from Fran Brooks to Thomas
Boyd, Tuesday, September 26, 2017 8:00 PM; (3) Email from Thomas Boyd to Fran Brooks,
Wednesday, September 20, 2017 8:26 AM; (4) Email from Fran Brooks to Thomas Boyd,
Tuesday, September 19, 2017 8:46 PM; (5) Re-Occupancy Certificate, 67 Moore’s Meadow
Road, Inspection No. 251, Date: 12/13/17; (6) Application for Certificate of Compliance
Smoke/Fire/Carbon Monoxide Detectors and Fire Extinguisher, Date: 12/13/17; and (7) Deed,
Instrument number: 5359818. These were the same documents provided by Defendant Barber in
response to Plaintiff’s February 15, 2018 OPRA request. Again, Defendants did not provide a
copy of the Halls’ February 6, 2018 correspondence or the February 7, 2018 zoning permit
application. In addition, Defendants did not provide a copy of Resolution 2018-40, which
Tabernacle’s governing body had passed on February 26, 2018 in response to the Halls’
February 6, 2018 letter. These omissions are particularly disturbing considering that (a) the
February 6, 2018 Hall letter bears a stamp showing it was “received” by the “Township Clerk;
(b) the letter, by being addressed to the Tabernacle Township Council , Zoning Board and
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construction official, requested distribution; (c) on information and belief, Defendant Barber
participated in creating all township committee meeting agendas; (d) Defendant Barber was
present when Resolution 2018-40 was voted upon and passed at the February 26, 2018 township
committee meeting, and (e) the February 7, 2018 zoning permit application is also stamped
“received[.]”
23. On April 29, 2018, Plaintiff submitted the following OPRA request: (1)
“All records, including but not limited to, applications for construction code matters such as
residential and commercial building construction, septic, well, electric, plumbing and zoning
permits, beginning February 15, 2018 through April 30, 2018, for the following blocks and lots:
A. Block 2001, Lot 22; B. Block 2002, Lot 11.01;” (2) “All records and correspondence from
landowner to construction office personnel, email, hardcopy, or notes of telephone
conversations, beginning February 15, 2018 through April 30, 2018, for the following blocks and
lots: A. Block 2001, Lot 22; B. Block 2002, Lot 11.01;” and (3) “All records from Tabernacle
Township responsive to documents, correspondence, telephone notes, etc., referenced in Items 1
and 2 above, beginning February 15, 2018 through April 30, 2018 for Block 2001, Lot 22 and
Block 2002, Lot 11.01.”
24. On May 9, 2018, Defendant Barber responded to Plaintiff’s April 29, 2018
OPRA request by providing copies, in relevant part, of the following documents: (1) Resolution
2018-40, dated February 26, 2018; and (2) Correspondence from John and Krystal Hall to
Tabernacle Township Council, Zoning Board and Construction Official, dated February 6, 2018.
This document shows two stamps. One stamp at the top of the document is stamped “Received
February 7, 2018” and “Received February 12, 2018, Township of Tabernacle Township Clerk.”
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25. On July 29, 2018, Plaintiff submitted an OPRA request to Defendants that
asked for, in relevant part, copies of “All records, including but not limited to, applications for
construction code matters such as residential and commercial building construction, septic, well,
electric, plumbing and zoning permits, beginning July 1, 2018 through August 1, 2018, for the
following blocks and lots: A. Block 2001, Lot 22; B. Block 2002, Lot 11.01.”
26. In response, Defendants provided a copy of a July 19, 2018 “Zoning
Permit Temporary Trailer.” No copy of an application for this zoning permit was provided.
Because Defendants had not provided an application for the “Zoning Permit Temporary Trailer,”
Plaintiff sent an email on August 20, 2018 to Defendant Barber, stating in relevant part, “I see
that the permit references John and Krystal Hall as the “Applicant” and refers to “Applic No.
20000292. Item 4 of my July 29, 2018 OPRA request specifically asked for all records including
applications for zoning permits. I did not receive the application for this zoning permit. Please
forward this application.”
27. In response, Defendant Barber provided a copy of an application of a
zoning permit proposing the temporary placement of a trailer at 67 Moores Meadow Road. The
application is stamped received February 7, 2018.
28. The Halls’ February 6, 2018 correspondence and February 7, 2018 zoning
permit application were within the possession, custody or control of Defendants at the time of
Plaintiff’s February 15, 2018 OPRA request and at the time of Defendants’ February 27, 2018
OPRA response.
29. The Halls’ February 6, 2018 correspondence and February 7, 2018 zoning
permit application were within the possession, custody or control of the Defendants at the time of
Plaintiff’s March 13, 2018 OPRA request and March 22, 2018 OPRA response.
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30. Resolution 2018-40 was within the possession, custody or control of the
Defendants at the time of Plaintiff’s March 13, 2018 OPRA request and March 22, 2018 OPRA
response.
31. Defendant Barber had personal knowledge that the Halls’ February 6,
2018 correspondence, February 7, 2018 zoning permit application and Resolution 2018-40 were
within the possession, custody and control of the Defendants when she responded to Plaintiff’s
February 15, 2018 and March 13, 2018 OPRA requests.
32. Defendant Barber did not provide copies of the Halls’ February 6, 2018
correspondence or February 7, 2018 zoning permit application or Resolution 2018-40 until after
45 days had elapsed since Resolution 2018-40 was passed. Her decision to do so was
intentional, willful and with the knowledge that her actions constituted an unlawful denial of
access to records under the totality of the circumstances.
33. On April 24, 2018, June 24, 2018 and September 25, 2018, Plaintiff
submitted OPRA requests for the attorney invoices of Peter Lange, Esq. In relevant part,
Plaintiff has requested copies of all invoices from Peter Lange, Esq. and his Firm to Tabernacle
Township. Defendants have provided legal invoices for the time period of January 2018 through
August 2018. However, on information and belief, Mr. Lange maintains two sets of billing
invoices for Tabernacle Township. One set, which is the set that was produced to Plaintiff,
contains very bare descriptions of the work performed, to the point that it is sometimes
impossible to determine what services have been rendered. On information and belief, a second
set of invoices, which is more detailed, are also transmitted from Mr. Lange to the Defendants.
Even though Plaintiff has submitted several OPRA requests for copies of all invoices, these more
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detailed invoices have never been provided to Plaintiff. The information about the second set of
invoices being created was provided to Plaintiff from Mayor Barton on or about April 9, 2016.
34. Defendants are aware that the second set of invoices exist but have never
provided copies of them to Plaintiff.
COUNT I: VIOLATION OF OPRA (N.J.S.A. 47:1A-1, ET SEQ.)
35. The Plaintiff repeats and incorporates by reference each and every
allegation contained in paragraphs 1-34 of the Plaintiff’s complaint as though fully set forth at
length herein.
36. Plaintiff’s OPRA requests are valid.
37. Defendants have violated OPRA by not providing Plaintiff with copies of
Defendants’ closed session meeting minutes for the following dates: February 22, 2016; June
13, 2016; July 18, 2016; June 26, 2017; September 11, 2017; November 13, 2017; November 27,
2017; January 22, 2018; February 26, 2018; March 12, 2018; March 26, 2018. Defendants have
also violated OPRA by not providing Plaintiff with copies of all attorney invoices submitted by
Peter Lange, Esq. to Tabernacle Township for the time period of January 1, 2018 to August 30,
2018.
COUNT II: VIOLATION OF COMMON LAW RIGHT OF ACCESS
38. Plaintiff repeats and incorporates by reference each and every allegation
contained in paragraphs 1-37 of the Plaintiff’s complaint as though fully set forth at length
herein.
39. Plaintiff has a common law right of access to receive copies of
Defendants’ closed session meeting minutes for the following dates: February 22, 2016; June
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13, 2016; July 18, 2016; June 26, 2017; September 11, 2017; November 13, 2017; November 27,
2017; January 22, 2018; February 26, 2018; March 12, 2018; March 26, 2018.
40. Defendants have not provided Plaintiff with copies of all attorney invoices
dated January 1, 2018 through August 30, 2018
41. Plaintiff has a legitimate private interest and wholesome public interest in
the requested records.
42. Defendants have no legitimate interest in maintaining the secrecy of the
requested records.
COUNT III: VIOLATION OF OPMA (N.J.S.A. 10:4-6, ET SEQ.)
43. The Plaintiff repeats and incorporates by reference each and every
allegation contained in paragraphs 1-42 of the Plaintiff’s complaint as though fully set forth at
length herein.
44. Pursuant to the OPMA, all meeting minutes, including executive session
meeting minutes, must be made available to the public “promptly.” Defendants do not make
their approved meeting minutes available to the public “promptly.” Rather, Defendants withhold
approved meeting minutes until the governing body passes a second resolution approving release
to the Plaintiff.
45. In addition, pursuant to OPMA, prior to excluding the public from any
meeting, the governing body must pass a motion or resolution that states the general nature of the
subject to be discussed and “as precisely as possible the time and circumstances under which the
discussion conducted in closed session” may be disclosed to the public.
46. The motions or resolutions passed by Defendants at their meetings of
February 26, 2018, March 12, 2018, and March 26, 2018 do not sufficiently describe the subject
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to be discussed or the time and circumstances when the subject matter may be disclosed to the
public.
COUNT IV: CIVIL PENALTY, N.J.S.A. 47:1A-11
47. The Plaintiff repeats and incorporates by reference each and every
allegation contained in paragraphs 1-46 of the Plaintiff’s complaint as though fully set forth at
length herein.
48. Defendant Barber knowingly and willfully and under the totality of the
circumstances unreasonably denied access to the February 6, 2018 Hall letter, the detailed set of
legal invoices dated January 1, 2018 through August 30, 2018, the February 7, 2018 zoning
permit application and Resolution 2018-40, in response to Plaintiff’s February 15, 2018 and
March 13, 2018 OPRA requests, and her requests for attorney invoices.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment
against the Defendants:
A. Ordering Defendants to disclose to Plaintiff copies of Defendants’ closed
session meeting minutes for the following dates: February 22, 2016; June 13, 2016; July 18,
2016; June 26, 2017; September 11, 2017; November 13, 2017; November 27, 2017; January 22,
2018; February 26, 2018; March 12, 2018; March 26, 2018, and the detailed attorney invoices
for the time period of January 1, 2018 through August 30, 2018 from Peter Lange, Esq. and his
law firm to Defendants;
B. Declaring that Defendants’ practice of withholding approved closed
session minutes in response to an OPRA request until formal approval by the Defendants violates
both OPRA and OPMA;
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C. Issuing a permanent injunction enjoining the Defendants from violating
the OPMA in the future;
D. Ordering Defendants to provide copies of approved executive session
minutes without formal approval from the governing body;
E. Ordering that, if Defendants exclude the public from any meeting that is
subject to the OPMA, the Defendants’ meeting minutes must reflect the general subject of the
matter being discussed and the specific time and circumstances under which the meeting minutes
will be made available to the public;
F. Impose a civil penalty of $1,000 (first violation) upon Defendant Barber to
be paid by her personally for knowingly and willfully violating OPRA and unreasonably denying
access to records under the totality of circumstances with respect to Plaintiff’s February 15, 2018
OPRA request and Defendant’s February 27, 2018 response;
G. Impose a civil penalty of $3,000 (second violation) upon Defendant
Barber to be paid by her personally for knowingly and willfully violating OPRA and
unreasonably denying access to records under the totality of circumstances with respect to
Plaintiff’s March 13, 2018 OPRA request and Defendant Barber’s March 22, 2018 OPRA
response;
H. Awarding Plaintiff costs and reasonable attorneys’ fees; and
I. For such other or further relief as this Court deems just and equitable.
CERTIFICATION PURSUANT TO R. 4:5-1
I certify that the dispute about which I am suing is not the subject of any other
action pending in any other court of a pending arbitration proceeding to the best of my
knowledge and belief. Also, to the best of my knowledge and belief no other action of
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arbitration proceeding is contemplated. Further, other than the parties set forth in this complaint,
I know of no other parties that should be made a part of this lawsuit. In addition, I recognize my
continuing obligation to file and serve on all parties and the Court an amended certification if
there is a change in the facts stated in this original certification.
CERTIFICATION PURSUANT TO R. 1:38-7(B)
I certify that confidential personal identifiers have been redacted from documents
now submitted to the Court, and will be redacted from all documents submitted in the future.
DESIGNATION OF TRIAL COUNSEL
Pursuant to R. 4:25-4, Walter M. Luers, Esq. is designated as trial counsel on
behalf of Plaintiff.
Respectfully Submitted,
LAW OFFICES OF WALTER M. LUERS, LLC
DATED: November 29, 2018
By: /s/ Walter M. Luers
Walter M. Luers, Member
Suite 2
122 West Main Street
Clinton, New Jersey 08809
Telephone: 908.894.5656
Counsel for Plaintiff
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WALTER M. LUERS, ESQ. - 034041999
LAW OFFICES OF WALTER M. LUERS, LLC
Suite 2
122 West Main Street
Clinton, New Jersey 08809
Telephone: 908.894.5656
Attorneys for Plaintiff
FRAN BROOKS, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BURLINGTON COUNTY
Plaintiff,
DOCKET NO. BUR-L-001048-18
v.
CIVIL ACTION
TOWNSHIP OF TABERNACLE and
LaSHAWN R. BARBER in her official CERTIFICATION PURSUANT
capacity as Municipal Clerk and Records TO R. 1:4-4(c)
Custodian of the Township of Tabernacle,
Defendants.
I, WALTER M. LUERS, of full age, hereby certify:
1. I am an attorney of the State of New Jersey and the sole member of the law firm of Law
Offices of Walter M. Luers, LLC, and counsel for Plaintiff Fran Brooks.
2. Ms. Fran Brooks was not available to sign her Verification and has, therefore, provided a
facsimile copy of her signature.
3. Ms. Brooks has acknowledged to me the genuineness of her signature affixed to her
Verification. A copy of the Verification with an original signature affixed will be filed if requested by the
Court or a party.
4. 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.
Dated: November 29, 2018 /s/ Walter M. Luers
WALTER M. LUERS
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WALTER M. LUERS. ESO. - 03404I999 Fil-ED wifirfte Cout
LAw OFFIcES oF WALTER M. LUERS, LLC
Suite 2 N()v 2 I 2018
122 West Main Street
Clinton, New Jersey 08809 norld E Eos&t ods' AJSC
Telephone: 908.894.5656
Attorneys for Plaintiff
FRAN BROOKS. SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BURLINGTON COUNTY
P la intiff.
DOCKET NO. BUR-L-OOIO48.T8
CIVIL ACTION
TOWNSHIP OF TABERNACLE and
LaSHAWN R. BARBER in her official CASE MANAGEMENT CONSENT ORDER
capacity as Municipal Clerk and Records
Custodian of the Township of Tabemacle
and in her personal capacity,
Defendants.
THIS MATTER having been opened to the Court by Plaintiff Fran Brooks,
represented by Law Offices of Walter M. Luers, LLC (Walter M. Luers, Esq., appearing)
and Defendants represented by Peter C. Lange, Esq.;
WHEREAS the parties have met and conferred regarding how this case should
proceed regarding the filing of certain pleadings and discovery;
THEREFORE, for good cause shown,
Ir IS on tt ;, J l5| auy or NUFnnEf ,2018
A. ORDERED that Plaintiff has leave to file a second amended
complaint on or before November 30, 2018; and it is further
B. ORDERED that Defendants shall serve and file their answer to
Plaintiffs' second amended complaint within the time set forth in the Rules of Court or 20
days, whichever is longer; and it is further
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C. ORDERED that the parties shall commence with discovery
immediately; and it is lurther
D. ORDERED that prior to filing any motion regarding discovery
disputes, the parties shall first schedule a conference call with the Court regarding the
dispute; and it is further
E. ORDERED that the new discovery end date is Februaryt8,2019;
and it is lurther
F. ORDERED that Plaintiff shall serve a copy of this Order upon
Def'endants rvithin seven days of service of this o n Plaintiff.
HON. RONALD E. BOOKBINDER, A.J.S.C
This order was:
OPPOSED
UNOPPOSED XX
We hereby consent to the form and entry ofthe within Consent Order:
LAw OFFICES oF WALTER M. LUERS, ESQ.
Attorneys for Plaintiff Fran Brooks
By: /s/ Walter M. Luers
Walter M. Luers, Esq.
PETER LANGE, ESQ.
Attorneys for Defendants
Br: s Petcr C. Lange. Lsq.
Peter C. Lange, Esq.
Preview
BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 1 of 15 Trans ID: LCV20182072645 WALTER M. LUERS, ESQ. - 034041999 LAW OFFICES OF WALTER M. LUERS, LLC Suite 2 122 West Main Street Clinton, New Jersey 08809 Telephone: 908.894.5656 Attorneys for Plaintiff FRAN BROOKS, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BURLINGTON COUNTY Plaintiff, DOCKET NO. BUR-L-001048-18 v. CIVIL ACTION TOWNSHIP OF TABERNACLE and LaSHAWN R. BARBER in her official SECOND AMENDED capacity as Municipal Clerk and Records VERIFIED COMPLAINT Custodian of the Township of Tabernacle and in her personal capacity, Defendants. Plaintiff Fran Brooks, through her undersigned counsel Law Offices of Walter M. Luers, LLC, complaining of the Defendants, alleges as follows: 1. This is an action alleging a violation of the Open Public Records Act, N.J.S.A. 47:1A-1, et seq. (“OPRA”), the common law right of access and the Open Public Meetings Act, N.J.S.A. 10:4-6, et seq. (“OPMA”). Plaintiff also seeks a penalty pursuant to N.J.S.A. 47:1A-11. 2. This action is being brought because the Defendants have denied Plaintiff access to closed session meeting minutes. In addition, the Defendants are violating the OPMA because they are not making the minutes available “promptly” to the Plaintiff and their minutes do not adequately reflect the reasons for going into closed session. Defendants have a practice of withholding approved closed session meeting minutes until they have been “approved for BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 2 of 15 Trans ID: LCV20182072645 release” by the governing body, which violates the OPMA and OPRA. Finally, Plaintiff requests that the Court impose civil penalties on Defendant Barber for not producing records responsive to Plaintiff’s OPRA requests. THE PARTIES 3. Plaintiff Fran Brooks is a citizen of the State of New Jersey and resides at 78 Moores Meadow Road, Tabernacle, New Jersey. 4. Defendant Township of Tabernacle is a public municipal body corporate and politic of the State of New Jersey and is a political subdivision of the State of New Jersey. Defendant Township’s principal place of business is 163 Carranza Road, Tabernacle, New Jersey. 5. Defendant Township is a “public agency” as the term is defined by OPRA, N.J.S.A. 47:1A-1.1. 6. Defendant La Shawn R. Barber is the Municipal Clerk and Records Custodian of the Township and by operation of law is a “Custodian of a government record” as that term is defined by N.J.S.A. 47:1A-1.1. Defendant Barber is being sued in both her official capacity and in her personal capacity. 7. Defendant Barber’s principal place of business is 163 Carranza Road, Tabernacle, New Jersey. JURISDICTION AND VENUE 8. The Court has subject matter jurisdiction of this action pursuant to N.J.S.A. 47:1A-6, N.J.S.A. 10:4-16 and the common law. BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 3 of 15 Trans ID: LCV20182072645 9. Venue is proper in this court pursuant to R. 4:3-2(a)(2) because all of the relevant events occurred in Burlington County and the Defendants’ principal place of business or residence are located in Burlington County. FACTUAL ALLEGATIONS 10. On April 24, 2018, Plaintiff submitted a request pursuant to OPRA to Defendants asking for copies of the closed session meeting minutes of the governing body of Tabernacle Township for the dates of February 22, 2016; June 13, 2016; July 18, 2016; June 26, 2017; September 11, 2017; November 13, 2017; November 27, 2017; January 22, 2018; February 26, 2018; March 12, 2018; March 26, 2018. 11. All of these closed session minutes have been previously approved by the governing body. 12. On May 7, 2018, Defendants denied Plaintiff’s OPRA request for each of the approved eleven closed session minutes. The Clerk provided copies of the minutes, but they were completely redacted. The Clerk stated that a “Recommendation for Release will be made for your requested documents at the next Tabernacle Township Committee on May 21, 2018[.]” (emphasis in original). 13. Defendants’ practice is not to allow the release of approved closed session meeting minutes until the Township Committee reviews the minutes a second time and adopts a separate resolution for their release. 14. Defendants generally do not adopt a resolution to release its approved closed session meeting minutes according to a schedule. More often than not, Tabernacle adopts its resolution for release in response to an OPRA request for them. BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 4 of 15 Trans ID: LCV20182072645 15. In response to a prior OPRA request by the Plaintiff, on April 25, 2016, Defendants formally authorized the partial release of previously approved closed session meeting minutes. The Defendants have also formally authorized the release of previously approved closed session minutes in response to other OPRA requests. On August 22, 2016, Defendants’ governing body authorized the release of minutes Plaintiff requested on August 1, 2016. On December 29, 2016, Defendants formally authorized the release of previously approved closed session minutes that Plaintiff requested on December 13, 2016. On January 22, 2018, Defendants formally authorized the release of previously approved closed session minutes that Plaintiff requested on January 8, 2018. 16. The meeting minutes of Defendant’s meetings of the governing body of February 26, 2018, March 12, 2018 and March 26, 2018 do not adequately describe the reasons for why the governing body is entering executive session. ALLEGATIONS RELEVANT TO REQUEST FOR CIVIL PENALTY 17. On February 15, 2018, Plaintiff submitted an OPRA request to Defendant Tabernacle Township for seven items. In relevant part, Plaintiff requested copies of the following records enumerated as items six and seven in the request: “(6) All records, including but not limited to, applications and correspondence by mail or by hardcopy beginning September 1, 2017 through February 14, 2018, for the following bloc[k]s and lots in Tabernacle Township: A. Block 2001, Lot 22; B. Block 2002, Lot 11.01;” and “(7) All documents from Tabernacle Township responsive to records referenced in Item 6 above regarding the same blocks and lots and time period.” 18. On February 27, 2018, Defendant Barber responded to Plaintiff’s February 15, 2018 OPRA request by providing some, but not all, of the responsive documents. Defendant BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 5 of 15 Trans ID: LCV20182072645 Barber provided (1) Email from Thomas Boyd to Fran Brooks, Wednesday, September 20, 2017 8:26 AM; (2) Email from Fran Brooks to Thomas Boyd, Tuesday, September 26, 2017 8:00 PM; (3) Email from Thomas Boyd to Fran Brooks, Wednesday, September 20, 2017 AM; (4) Email from Fran Brooks to Thomas Boyd, Tuesday, September 19, 2017 8:46; (5) Re-Occupancy Certificate, 67 Moore’s Meadow Road, Inspection No. 251, Date: 12/13/17; (7) Application for Certificate of Compliance Smoke/Fire/Carbon Monoxide Detectors and Fire Extinguisher, Date: 12/13/17; (8) Deed, Instrument number: 5359818. 19. At the time of Defendant’s response to Plaintiff’s February 15, 2018 OPRA Request, Defendants Tabernacle Township and Barber had within their possession at least two documents that they did not provide at the time. These were: (a) February 6, 2018 correspondence from John and Krystal Hall to Tabernacle requesting permission to use a recreational vehicle on their property (which is the same property that was the subject of Plaintiff’s OPRA request) as a temporary or permanent residence and (b) an application for a zoning permit submitted by the Halls that was marked “received” by the Township on February 7, 2018. 20. At the time of Plaintiff’s February 15, 2018 OPRA request and Defendant Barber’s February 27, 2018 OPRA response, the February 6, 2018 Hall letter and February 7, 2018 zoning application were in the possession, custody or control of the Defendants and were responsive to Plaintiff’s OPRA request. The letter, whose existence was unknown to Plaintiff at the time of this OPRA request and response, was of very high interest to Plaintiff because Plaintiff resides and owns real property adjacent to the property about which she was inquiring. The zoning permit application was of high interest to Plaintiff for the same reasons. BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 6 of 15 Trans ID: LCV20182072645 21. On March 13, 2018, Plaintiff submitted a second OPRA request to Defendants, in relevant part, for two items, which were enumerated as items 2 and 3 in the OPRA request: “(2) All records, including but not limited to, applications and correspondence by email or by hardcopy beginning September 1, 2017 through March 13, 2018, for the following bloc[k]s and lots in Tabernacle Township: A. Block 2001, Lot 22; B. Block 2002, Lot 11.01” and “(3) All documents from Tabernacle Township responsive to records referenced in Item 3 above regarding the same blocks and lots and time period.” 22. On March 22, 2018, Defendant Barber responded to Plaintiff’s March 13, 2018 OPRA request by providing the following records: (1) Email from Thomas Boyd to Fran Brooks, Wednesday, September 20, 2017 8:26 AM; (2) Email from Fran Brooks to Thomas Boyd, Tuesday, September 26, 2017 8:00 PM; (3) Email from Thomas Boyd to Fran Brooks, Wednesday, September 20, 2017 8:26 AM; (4) Email from Fran Brooks to Thomas Boyd, Tuesday, September 19, 2017 8:46 PM; (5) Re-Occupancy Certificate, 67 Moore’s Meadow Road, Inspection No. 251, Date: 12/13/17; (6) Application for Certificate of Compliance Smoke/Fire/Carbon Monoxide Detectors and Fire Extinguisher, Date: 12/13/17; and (7) Deed, Instrument number: 5359818. These were the same documents provided by Defendant Barber in response to Plaintiff’s February 15, 2018 OPRA request. Again, Defendants did not provide a copy of the Halls’ February 6, 2018 correspondence or the February 7, 2018 zoning permit application. In addition, Defendants did not provide a copy of Resolution 2018-40, which Tabernacle’s governing body had passed on February 26, 2018 in response to the Halls’ February 6, 2018 letter. These omissions are particularly disturbing considering that (a) the February 6, 2018 Hall letter bears a stamp showing it was “received” by the “Township Clerk; (b) the letter, by being addressed to the Tabernacle Township Council , Zoning Board and BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 7 of 15 Trans ID: LCV20182072645 construction official, requested distribution; (c) on information and belief, Defendant Barber participated in creating all township committee meeting agendas; (d) Defendant Barber was present when Resolution 2018-40 was voted upon and passed at the February 26, 2018 township committee meeting, and (e) the February 7, 2018 zoning permit application is also stamped “received[.]” 23. On April 29, 2018, Plaintiff submitted the following OPRA request: (1) “All records, including but not limited to, applications for construction code matters such as residential and commercial building construction, septic, well, electric, plumbing and zoning permits, beginning February 15, 2018 through April 30, 2018, for the following blocks and lots: A. Block 2001, Lot 22; B. Block 2002, Lot 11.01;” (2) “All records and correspondence from landowner to construction office personnel, email, hardcopy, or notes of telephone conversations, beginning February 15, 2018 through April 30, 2018, for the following blocks and lots: A. Block 2001, Lot 22; B. Block 2002, Lot 11.01;” and (3) “All records from Tabernacle Township responsive to documents, correspondence, telephone notes, etc., referenced in Items 1 and 2 above, beginning February 15, 2018 through April 30, 2018 for Block 2001, Lot 22 and Block 2002, Lot 11.01.” 24. On May 9, 2018, Defendant Barber responded to Plaintiff’s April 29, 2018 OPRA request by providing copies, in relevant part, of the following documents: (1) Resolution 2018-40, dated February 26, 2018; and (2) Correspondence from John and Krystal Hall to Tabernacle Township Council, Zoning Board and Construction Official, dated February 6, 2018. This document shows two stamps. One stamp at the top of the document is stamped “Received February 7, 2018” and “Received February 12, 2018, Township of Tabernacle Township Clerk.” BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 8 of 15 Trans ID: LCV20182072645 25. On July 29, 2018, Plaintiff submitted an OPRA request to Defendants that asked for, in relevant part, copies of “All records, including but not limited to, applications for construction code matters such as residential and commercial building construction, septic, well, electric, plumbing and zoning permits, beginning July 1, 2018 through August 1, 2018, for the following blocks and lots: A. Block 2001, Lot 22; B. Block 2002, Lot 11.01.” 26. In response, Defendants provided a copy of a July 19, 2018 “Zoning Permit Temporary Trailer.” No copy of an application for this zoning permit was provided. Because Defendants had not provided an application for the “Zoning Permit Temporary Trailer,” Plaintiff sent an email on August 20, 2018 to Defendant Barber, stating in relevant part, “I see that the permit references John and Krystal Hall as the “Applicant” and refers to “Applic No. 20000292. Item 4 of my July 29, 2018 OPRA request specifically asked for all records including applications for zoning permits. I did not receive the application for this zoning permit. Please forward this application.” 27. In response, Defendant Barber provided a copy of an application of a zoning permit proposing the temporary placement of a trailer at 67 Moores Meadow Road. The application is stamped received February 7, 2018. 28. The Halls’ February 6, 2018 correspondence and February 7, 2018 zoning permit application were within the possession, custody or control of Defendants at the time of Plaintiff’s February 15, 2018 OPRA request and at the time of Defendants’ February 27, 2018 OPRA response. 29. The Halls’ February 6, 2018 correspondence and February 7, 2018 zoning permit application were within the possession, custody or control of the Defendants at the time of Plaintiff’s March 13, 2018 OPRA request and March 22, 2018 OPRA response. BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 9 of 15 Trans ID: LCV20182072645 30. Resolution 2018-40 was within the possession, custody or control of the Defendants at the time of Plaintiff’s March 13, 2018 OPRA request and March 22, 2018 OPRA response. 31. Defendant Barber had personal knowledge that the Halls’ February 6, 2018 correspondence, February 7, 2018 zoning permit application and Resolution 2018-40 were within the possession, custody and control of the Defendants when she responded to Plaintiff’s February 15, 2018 and March 13, 2018 OPRA requests. 32. Defendant Barber did not provide copies of the Halls’ February 6, 2018 correspondence or February 7, 2018 zoning permit application or Resolution 2018-40 until after 45 days had elapsed since Resolution 2018-40 was passed. Her decision to do so was intentional, willful and with the knowledge that her actions constituted an unlawful denial of access to records under the totality of the circumstances. 33. On April 24, 2018, June 24, 2018 and September 25, 2018, Plaintiff submitted OPRA requests for the attorney invoices of Peter Lange, Esq. In relevant part, Plaintiff has requested copies of all invoices from Peter Lange, Esq. and his Firm to Tabernacle Township. Defendants have provided legal invoices for the time period of January 2018 through August 2018. However, on information and belief, Mr. Lange maintains two sets of billing invoices for Tabernacle Township. One set, which is the set that was produced to Plaintiff, contains very bare descriptions of the work performed, to the point that it is sometimes impossible to determine what services have been rendered. On information and belief, a second set of invoices, which is more detailed, are also transmitted from Mr. Lange to the Defendants. Even though Plaintiff has submitted several OPRA requests for copies of all invoices, these more BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 10 of 15 Trans ID: LCV20182072645 detailed invoices have never been provided to Plaintiff. The information about the second set of invoices being created was provided to Plaintiff from Mayor Barton on or about April 9, 2016. 34. Defendants are aware that the second set of invoices exist but have never provided copies of them to Plaintiff. COUNT I: VIOLATION OF OPRA (N.J.S.A. 47:1A-1, ET SEQ.) 35. The Plaintiff repeats and incorporates by reference each and every allegation contained in paragraphs 1-34 of the Plaintiff’s complaint as though fully set forth at length herein. 36. Plaintiff’s OPRA requests are valid. 37. Defendants have violated OPRA by not providing Plaintiff with copies of Defendants’ closed session meeting minutes for the following dates: February 22, 2016; June 13, 2016; July 18, 2016; June 26, 2017; September 11, 2017; November 13, 2017; November 27, 2017; January 22, 2018; February 26, 2018; March 12, 2018; March 26, 2018. Defendants have also violated OPRA by not providing Plaintiff with copies of all attorney invoices submitted by Peter Lange, Esq. to Tabernacle Township for the time period of January 1, 2018 to August 30, 2018. COUNT II: VIOLATION OF COMMON LAW RIGHT OF ACCESS 38. Plaintiff repeats and incorporates by reference each and every allegation contained in paragraphs 1-37 of the Plaintiff’s complaint as though fully set forth at length herein. 39. Plaintiff has a common law right of access to receive copies of Defendants’ closed session meeting minutes for the following dates: February 22, 2016; June BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 11 of 15 Trans ID: LCV20182072645 13, 2016; July 18, 2016; June 26, 2017; September 11, 2017; November 13, 2017; November 27, 2017; January 22, 2018; February 26, 2018; March 12, 2018; March 26, 2018. 40. Defendants have not provided Plaintiff with copies of all attorney invoices dated January 1, 2018 through August 30, 2018 41. Plaintiff has a legitimate private interest and wholesome public interest in the requested records. 42. Defendants have no legitimate interest in maintaining the secrecy of the requested records. COUNT III: VIOLATION OF OPMA (N.J.S.A. 10:4-6, ET SEQ.) 43. The Plaintiff repeats and incorporates by reference each and every allegation contained in paragraphs 1-42 of the Plaintiff’s complaint as though fully set forth at length herein. 44. Pursuant to the OPMA, all meeting minutes, including executive session meeting minutes, must be made available to the public “promptly.” Defendants do not make their approved meeting minutes available to the public “promptly.” Rather, Defendants withhold approved meeting minutes until the governing body passes a second resolution approving release to the Plaintiff. 45. In addition, pursuant to OPMA, prior to excluding the public from any meeting, the governing body must pass a motion or resolution that states the general nature of the subject to be discussed and “as precisely as possible the time and circumstances under which the discussion conducted in closed session” may be disclosed to the public. 46. The motions or resolutions passed by Defendants at their meetings of February 26, 2018, March 12, 2018, and March 26, 2018 do not sufficiently describe the subject BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 12 of 15 Trans ID: LCV20182072645 to be discussed or the time and circumstances when the subject matter may be disclosed to the public. COUNT IV: CIVIL PENALTY, N.J.S.A. 47:1A-11 47. The Plaintiff repeats and incorporates by reference each and every allegation contained in paragraphs 1-46 of the Plaintiff’s complaint as though fully set forth at length herein. 48. Defendant Barber knowingly and willfully and under the totality of the circumstances unreasonably denied access to the February 6, 2018 Hall letter, the detailed set of legal invoices dated January 1, 2018 through August 30, 2018, the February 7, 2018 zoning permit application and Resolution 2018-40, in response to Plaintiff’s February 15, 2018 and March 13, 2018 OPRA requests, and her requests for attorney invoices. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against the Defendants: A. Ordering Defendants to disclose to Plaintiff copies of Defendants’ closed session meeting minutes for the following dates: February 22, 2016; June 13, 2016; July 18, 2016; June 26, 2017; September 11, 2017; November 13, 2017; November 27, 2017; January 22, 2018; February 26, 2018; March 12, 2018; March 26, 2018, and the detailed attorney invoices for the time period of January 1, 2018 through August 30, 2018 from Peter Lange, Esq. and his law firm to Defendants; B. Declaring that Defendants’ practice of withholding approved closed session minutes in response to an OPRA request until formal approval by the Defendants violates both OPRA and OPMA; BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 13 of 15 Trans ID: LCV20182072645 C. Issuing a permanent injunction enjoining the Defendants from violating the OPMA in the future; D. Ordering Defendants to provide copies of approved executive session minutes without formal approval from the governing body; E. Ordering that, if Defendants exclude the public from any meeting that is subject to the OPMA, the Defendants’ meeting minutes must reflect the general subject of the matter being discussed and the specific time and circumstances under which the meeting minutes will be made available to the public; F. Impose a civil penalty of $1,000 (first violation) upon Defendant Barber to be paid by her personally for knowingly and willfully violating OPRA and unreasonably denying access to records under the totality of circumstances with respect to Plaintiff’s February 15, 2018 OPRA request and Defendant’s February 27, 2018 response; G. Impose a civil penalty of $3,000 (second violation) upon Defendant Barber to be paid by her personally for knowingly and willfully violating OPRA and unreasonably denying access to records under the totality of circumstances with respect to Plaintiff’s March 13, 2018 OPRA request and Defendant Barber’s March 22, 2018 OPRA response; H. Awarding Plaintiff costs and reasonable attorneys’ fees; and I. For such other or further relief as this Court deems just and equitable. CERTIFICATION PURSUANT TO R. 4:5-1 I certify that the dispute about which I am suing is not the subject of any other action pending in any other court of a pending arbitration proceeding to the best of my knowledge and belief. Also, to the best of my knowledge and belief no other action of BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 14 of 15 Trans ID: LCV20182072645 arbitration proceeding is contemplated. Further, other than the parties set forth in this complaint, I know of no other parties that should be made a part of this lawsuit. In addition, I recognize my continuing obligation to file and serve on all parties and the Court an amended certification if there is a change in the facts stated in this original certification. CERTIFICATION PURSUANT TO R. 1:38-7(B) I certify that confidential personal identifiers have been redacted from documents now submitted to the Court, and will be redacted from all documents submitted in the future. DESIGNATION OF TRIAL COUNSEL Pursuant to R. 4:25-4, Walter M. Luers, Esq. is designated as trial counsel on behalf of Plaintiff. Respectfully Submitted, LAW OFFICES OF WALTER M. LUERS, LLC DATED: November 29, 2018 By: /s/ Walter M. Luers Walter M. Luers, Member Suite 2 122 West Main Street Clinton, New Jersey 08809 Telephone: 908.894.5656 Counsel for Plaintiff BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 15 of 15 Trans ID: LCV20182072645 BUR-L-001048-18 11/29/2018 9:18:41 PM Pg 1 of 1 Trans ID: LCV20182072645 WALTER M. LUERS, ESQ. - 034041999 LAW OFFICES OF WALTER M. LUERS, LLC Suite 2 122 West Main Street Clinton, New Jersey 08809 Telephone: 908.894.5656 Attorneys for Plaintiff FRAN BROOKS, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BURLINGTON COUNTY Plaintiff, DOCKET NO. BUR-L-001048-18 v. CIVIL ACTION TOWNSHIP OF TABERNACLE and LaSHAWN R. BARBER in her official CERTIFICATION PURSUANT capacity as Municipal Clerk and Records TO R. 1:4-4(c) Custodian of the Township of Tabernacle, Defendants. I, WALTER M. LUERS, of full age, hereby certify: 1. I am an attorney of the State of New Jersey and the sole member of the law firm of Law Offices of Walter M. Luers, LLC, and counsel for Plaintiff Fran Brooks. 2. Ms. Fran Brooks was not available to sign her Verification and has, therefore, provided a facsimile copy of her signature. 3. Ms. Brooks has acknowledged to me the genuineness of her signature affixed to her Verification. A copy of the Verification with an original signature affixed will be filed if requested by the Court or a party. 4. 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. Dated: November 29, 2018 /s/ Walter M. Luers WALTER M. LUERS BUR-L-001048-18 BUR L 001048-1811/29/2018 11/21/2018 9:18:41 PMPgPg 1 of1 2ofTrans 2 Trans ID:ID: LCV20182040473 LCV20182072645 'l BUR-L-001048-18 1111412018 12:53:54 PM Pg of 2 Trans lD: 1CV20181985682 WALTER M. LUERS. ESO. - 03404I999 Fil-ED wifirfte Cout LAw OFFIcES oF WALTER M. LUERS, LLC Suite 2 N()v 2 I 2018 122 West Main Street Clinton, New Jersey 08809 norld E Eos&t ods' AJSC Telephone: 908.894.5656 Attorneys for Plaintiff FRAN BROOKS. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BURLINGTON COUNTY P la intiff. DOCKET NO. BUR-L-OOIO48.T8 CIVIL ACTION TOWNSHIP OF TABERNACLE and LaSHAWN R. BARBER in her official CASE MANAGEMENT CONSENT ORDER capacity as Municipal Clerk and Records Custodian of the Township of Tabemacle and in her personal capacity, Defendants. THIS MATTER having been opened to the Court by Plaintiff Fran Brooks, represented by Law Offices of Walter M. Luers, LLC (Walter M. Luers, Esq., appearing) and Defendants represented by Peter C. Lange, Esq.; WHEREAS the parties have met and conferred regarding how this case should proceed regarding the filing of certain pleadings and discovery; THEREFORE, for good cause shown, Ir IS on tt ;, J l5| auy or NUFnnEf ,2018 A. ORDERED that Plaintiff has leave to file a second amended complaint on or before November 30, 2018; and it is further B. ORDERED that Defendants shall serve and file their answer to Plaintiffs' second amended complaint within the time set forth in the Rules of Court or 20 days, whichever is longer; and it is further BUR-L-001048-18 BUR L 001048-1811/29/2018 11/21/2018 9:18:41 PMPgPg 2 of2 2ofTrans 2 Trans ID:ID: LCV20182040473 LCV20182072645 BUR-L-001048-1 I 1111412018 12.53.54 Pl\il Pg 2 of 2 Trans lD: 1CV20181985682 C. ORDERED that the parties shall commence with discovery immediately; and it is lurther D. ORDERED that prior to filing any motion regarding discovery disputes, the parties shall first schedule a conference call with the Court regarding the dispute; and it is further E. ORDERED that the new discovery end date is Februaryt8,2019; and it is lurther F. ORDERED that Plaintiff shall serve a copy of this Order upon Def'endants rvithin seven days of service of this o n Plaintiff. HON. RONALD E. BOOKBINDER, A.J.S.C This order was: OPPOSED UNOPPOSED XX We hereby consent to the form and entry ofthe within Consent Order: LAw OFFICES oF WALTER M. LUERS, ESQ. Attorneys for Plaintiff Fran Brooks By: /s/ Walter M. Luers Walter M. Luers, Esq. PETER LANGE, ESQ. Attorneys for Defendants Br: s Petcr C. Lange. Lsq. Peter C. Lange, Esq.