On January 11, 2023 a
ORDER TO STRIKE ANSWER FOR FAILURE TO MAKE DISCOVERY-Partial by Judge THURBER, MARY, F re: MOTION TO STRIKE ANSWER FOR FAILURE TO MAKE DISCOVERY [LCV20233254348]
was filed
involving a dispute between
Nicholas Carretta,
and
John Bendezu,
Maria Bendezu,
Other Le G Abc Corporations And,
Ough 10 John Jane Does 1 Thr,
for Contract/Commercial Transaction
in the District Court of Bergen County.
Preview
BER-L-000194-23 11/17/2023 Pg 1 of 2 Trans ID: LCV20233407217
SCHEPISI & McLAUGHLIN, P.A.
473 SYLVAN AVENUE
ENGLEWOOD CLIFFS, NJ 07632
(201) 569-9898
Attorneys for Plaintiff
Christian M. Hibinski, Esq. (Attorney ID: 311992019)
CMH/ks/Order
SUPERIOR COURT OF NEW JERSEY
NICHOLAS CARRETTA., LAW DIVISION: BERGEN COUNTY
DOCKET NO.: BER-L-194-23
Plaintiff,
v. Civil Action
JOHN BENDEZU, MARIA BENDEZU,
JOHN/JANE DOES 1 through 10 (fictitious
names whose identifies may become known ORDER
during this lawsuit); and ABC
CORPORATIONS AND OTHER LEGAL
ENTITIES 1 through 10, (fictitious entities
whose identities may become known during
this lawsuit),
Defendants.
THIS MATTER having been opened before the Court on Motion of Schepisi &
McLaughlin, P.A., attorneys for Plaintiff, Nicholas Carretta, and the Court having reviewed the
papers submitted in support of the aforesaid motion and having heard argument for and in
opposition to said motion, and for good cause shown;
IT IS on this 17th day of November, 2023; ORDERED that:
1. Defendants’ Answer is hereby stricken without prejudice for failure to provide
answers to the First Set of Interrogatories and Notice to Produce pursuant to Rule 4:23-
5(a)(1); and it is
2. Counsel for delinquent party, or movant if delinquent party is unrepresented, must
comply with Rule 4:23-5(a):
Upon being served with the order of dismissal or suppression
without prejudice, counsel for the delinquent party shall forthwith
1
BER-L-000194-23 11/17/2023 Pg 2 of 2 Trans ID: LCV20233407217
serve a copy of the order on the client by regular and certified mail,
return receipt requested, accompanied by a notice in the form
prescribed by Appendix II-A of these rules, specifically explaining
the consequences of failure to comply with the discovery obligation
and to file and serve a timely motion to restore.
3. A copy of this Order shall be deemed served on all parties when it is uploaded to
eCourts. Pursuant to Rule 1:5-1(a), the Movant shall serve a copy of this Order on all parties
not served electronically within seven (7) days of the date hereof.
__________________________________
Hon. Mary F. Thurber, J.S.C.
( ) Opposed
(X) Unopposed
2
Document Filed Date
November 17, 2023
Case Filing Date
January 11, 2023
Category
Contract/Commercial Transaction
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BER-L-000194-23 11/17/2023 Pg 1 of 2 Trans ID: LCV20233407217 SCHEPISI & McLAUGHLIN, P.A. 473 SYLVAN AVENUE ENGLEWOOD CLIFFS, NJ 07632 (201) 569-9898 Attorneys for Plaintiff Christian M. Hibinski, Esq. (Attorney ID: 311992019) CMH/ks/Order SUPERIOR COURT OF NEW JERSEY NICHOLAS CARRETTA., LAW DIVISION: BERGEN COUNTY DOCKET NO.: BER-L-194-23 Plaintiff, v. Civil Action JOHN BENDEZU, MARIA BENDEZU, JOHN/JANE DOES 1 through 10 (fictitious names whose identifies may become known ORDER during this lawsuit); and ABC CORPORATIONS AND OTHER LEGAL ENTITIES 1 through 10, (fictitious entities whose identities may become known during this lawsuit), Defendants. THIS MATTER having been opened before the Court on Motion of Schepisi & McLaughlin, P.A., attorneys for Plaintiff, Nicholas Carretta, and the Court having reviewed the papers submitted in support of the aforesaid motion and having heard argument for and in opposition to said motion, and for good cause shown; IT IS on this 17th day of November, 2023; ORDERED that: 1. Defendants’ Answer is hereby stricken without prejudice for failure to provide answers to the First Set of Interrogatories and Notice to Produce pursuant to Rule 4:23- 5(a)(1); and it is 2. Counsel for delinquent party, or movant if delinquent party is unrepresented, must comply with Rule 4:23-5(a): Upon being served with the order of dismissal or suppression without prejudice, counsel for the delinquent party shall forthwith 1 BER-L-000194-23 11/17/2023 Pg 2 of 2 Trans ID: LCV20233407217 serve a copy of the order on the client by regular and certified mail, return receipt requested, accompanied by a notice in the form prescribed by Appendix II-A of these rules, specifically explaining the consequences of failure to comply with the discovery obligation and to file and serve a timely motion to restore. 3. A copy of this Order shall be deemed served on all parties when it is uploaded to eCourts. Pursuant to Rule 1:5-1(a), the Movant shall serve a copy of this Order on all parties not served electronically within seven (7) days of the date hereof. __________________________________ Hon. Mary F. Thurber, J.S.C. ( ) Opposed (X) Unopposed 2