Preview
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 1 of 12 Trans ID: LCV20201806179
BARDSLEY, BENEDICT + CHOLDEN, LLP
By: James J. Green, Esquire
Attorney ID#: 018512007
1000 Crawford Place, Suite 160
Mt. Laurel, NJ 08054
CELL: 215.292.2644
DIRECT: 267.699.3848
FAX: 267.699.3833
jgreen@bbclawfirm.com
https://bbclawfirm.com/
Attorneys for Defendants, BOLERO RESORT AND CONFERENCE CENTER,
BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO
LAZAR SEKULIC, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
CAPE MAY COUNTY
Plaintiff,
DOCKET NO.: CPM-L-109-19
CIVIL ACTION
BOLERO RESORT AND CONFERENCE
CENTER, BOLERO CORPORATION and NOTICE OF MOTION TO QUASH
FUREY W. LERRO a/k/a WALLY LERRO, SUBPOENA ISSUED TO
CAPSPECIALTY AND FOR
Defendants. PROTECTIVE ORDER
TO Shannon Harrington, Esquire
Harrington & Associates, P.C.
Ten Penn Center
1801 Market Street, Suite 700
Philadelphia, PA 19103
Counsel:
PLEASE TAKE NOTICE that the undersigned will apply to the above-named Court
located at Cape May County Courthouse, 9 N. Main Street, Cape May Court House, New Jersey
on Friday, October 30, 2020, at 9 o’clock in the forenoon, or as soon thereafter as counsel may
be heard, for an Order Granting Moving Defendants’ Motion, which is described in the caption
above.
Pursuant to R.1:6-2(d), the undersigned:
() waives oral argument and consents to disposition on the papers.
() does not request oral argument at this time.
(X) requests oral argument, if timely opposition is received.
A proposed form of Order is annexed.
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 2 of 12 Trans ID: LCV20201806179
DED: December 10, 2020
BARDSLEY, BENEDICT + CHOLDEN, LLP
By: [s] Jameo J. Gueen, Esquire
James J. Green, Esquire
1000 Crawford Place, Suite 160
Mt. Laurel, NJ 08054
CELL: 215.292.2644
DIRECT: 267.699.3848
FAX: 267.699.3833
jgreen@bbclawfirm.com
https://bbclawfirm.com/
Dated: October 12, 2020
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 3 of 12 Trans ID: LCV20201806179
BARDSLEY, BENEDICT + CHOLDEN, LLP
By: James J. Green, Esquire
Attorney ID#: 018512007
1000 Crawford Place, Suite 160
Mt. Laurel, NJ 08054
CELL: 215.292.2644
DIRECT: 267.699.3848
FAX: 267.699.3833
jgreen@bbclawfirm.com
https://bbclawfirm.com/
Attorneys for Defendants, BOLERO RESORT AND CONFERENCE CENTER,
BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO
LAZAR SEKULIC, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
CAPE MAY COUNTY
Plaintiff,
DOCKET NO.: CPM-L-109-19
CIVIL ACTION
BOLERO RESORT AND CONFERENCE
CENTER, BOLERO CORPORATION and CERTIFICATION OF COUNSEL IN
FUREY W. LERRO a/k/a WALLY LERRO, SUPPORT OF MOTION TO QUASH
SUBPOENA ISSUED TO
Defendants. CAPSPECIALTY AND FOR
PROTECTIVE ORDER
I, James J. Green, Esquire, am an attorney at law of the State of New Jersey, and a partner
in the firm of Bardsley, Benedict + Cholden, LLP, and have been entrusted with the defense of the
captioned matter on behalf
of BOLERO RESORT AND CONFERENCE CENTER, BOLERO
CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO (hereinafter and
collectively “Moving Defendant”). Accordingly, I am familiar with the facts of this matter:
A. PRELIMINARY STATEMENT
On or about September 25, 2020, Plaintiff issued a subpoena to CapSpecialty, which is the
insurance carrier for Moving Defendant demanding “any and all records pertaining to claim
number 185254.” Pursuant to the plain language ofthat subpoena, Plaintiff seeks all information
contained in the carrier’s claim file for the captioned matter, including its privileged and
confidential communications with defense counsel. This is the third time that Plaintiff
has issued
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a subpoena to CapSpecialty and the third time Moving Defendant has been required to oppose
same. Therefore, Moving Defendant seeks to quash the pending subpoena, issue a protective order
for the CapSpecialty file and reimbursement of fees.
B. PROCEDURAL BACKGROUND.
1 On November 9, 2018, Plaintiff filed a Complaint claiming that, on or about May
28, 2017, he was assaulted at Moving Defendant’s premises due to the negligence of Moving
Defendant. Moving Defendant thereafter filed an Answer with Crossclaims denying all
allegations.
2. On January 22, 2019, Plaintiff issued two (2) subpoenas to CapSpecialty, which is
the insurance carrier for Moving Defendant. CapSpecialty is currently providing a defense to
Moving Defendant.
3 Specifically, the first subpoena to CapSpecialty requested:
ANY AND ALL CLAIM RECORDS, MEDICAL REPORTS, MEMOS,
DOCUMENTS, ANY WRITTEN INFORMATION CONTAINED IN FILE
REGARDING CLAIM #185254 PERTAINING TO BOLERO RESORT AND
CONFERENCE CENTER.
See Exhibit “A”.
The second subpoena to CapSpecialty requested:
ANY AND ALL UNDERWIRITING RECORDS, INCLUDING
DECLARATION PAGE AND TORT WAIVER FORM PERTAINING TO
BOLERO RESORT & CONFERENCE CENTER.
See Exhibit “B”.
5 On February 22, 2019, Plaintiff re-issued the first subpoena with the following new
language:
INVESTIGATE FILE INCLUDING ALL REPORTS, WITNESS
STATEMENTS, INVESTIGATION, ELECTRONIC COMMUNICATIONS,
MEDICAL REPORTS, MEMOS, DOCUMENTS, ANY INFORMATION
REGARDING CLAIM #185254, PERTAINING TO BOLERO RESORT &
CONFERENCE CENTER.
See Exhibit “C”.
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6. When this office received the subpoenas, this office contacted Counsel for Plaintiff
on March 8, 2019, asking that Counsel immediately withdraw the subpoena(s) and wait to receive
Moving Defendant’s discovery responses.
7 On March 11, 2019, this office received correspondence from Plaintiff's Counsel
advising that “we will agree to withdraw the subpoenas until we exchange discovery and discuss
the facts of this matter.” As such, Plaintiff withdrew the abovementioned subpoenas, Exhibit “A”,
Exhibit “B” and Exhibit “C”.
8 On August 27, 2020, approximately one-and-a-half years after withdrawing the
abovementioned subpoenas, Plaintiff inexplicably filed a Motion to Enforce those same
subpoenas.
9 Moving Defendant filed an opposition to that Motion because Plaintiff moved to
enforce subpoenas that were previously withdrawn and nonetheless eighteen (18) months old. In
that opposition, Moving Defendant argued that Plaintiff's requests for privileged and confidential
information from an out-of-state, non-party insurance carrier, which is defending a pending lawsuit
were procedurally, substantively, and ethically improper.
10. On September 11, 2020, prior to oral argument, Plaintiff's Counsel called Counsel
for Moving Defendant to discuss the pending motions. Counsel conceded that new subpoenas
needed to be issued, and therefore, withdrew its Motion to Enforce. Since Plaintiff withdrew its
Motion to Enforce, Moving Defendant consequently withdrew its opposition, as there was no
longer any subpoena to oppose.
11. During that same conversation, Counsel for Moving Defendant advised that, under
no circumstance, would it agree to permit the disclosure of, inter alia, privileged and confidential
communications, investigation or claim notes.
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12. Instead of trying to resolve the subpoena issue in good faith with a more narrowly-
tailored subpoena, Plaintiffs Counsel re-issued a subpoena to CapSpecialty with even broader
language, by requesting “any and all records” in its insurance file. See Exhibit “D”.
13. Moving Defendant’s Counsel reports to CapSpecialty under this claim file, and
therefore, Plaintiff is seeking, inter alia, confidential communications between defense counsel
and CapSpecialty.
14. Plaintiff's request is therefore highly improper and should be subject to sanctions
under our Rules of Court and jurisprudence.
C. REQUEST FOR RELIEF & APPLICABLE LAW.
15. Moving Defendant hereby seeks to quash the pending subpoena and requests a
protective order and reimbursement of attorneys’ fees and costs incurred to file the instant motion.
16. Pursuant to Rule 1:9-2:
A subpoena or, in a civil action, a notice in lieu of subpoena as authorized by R.
1:9-1 may require production of books, papers, documents, electronically stored
information, or other objects designated therein. The court on motion made
promptly may quash or modify the subpoena or notice if compliance would be
unreasonable or oppressive and, in a civil action, may condition denial of the
motion upon the advancement by the person in whose behalf the subpoena or notice
is issued of the reasonable cost of producing the objects subpoenaed. The court may
direct that the objects designated in the subpoena or notice be produced before the
court at a time prior to the trial or prior to the time when they are to be offered in
evidence and may upon their production permit them or portions of them to be
inspected by the parties and their attorneys and, in matrimonial actions and juvenile
proceedings, by a probation officer or other person designated by the court. Except
for pretrial production directed by the court pursuant to this rule, subpoenas for
pretrial production shall comply with the requirements of R. 4:14-7(c).
17. Similarly, Rule 4:10-3 permits a target of discovery to seek a protective order
shielding her from discovery that would result in “annoyance, embarrassment, oppression or undue
burden or expense.” See also Kerr v. Able Sanitary & Env. Services, Inc., 295 N.J. Super. 147,
155 fn4 (App. Div. 1996) (motion to quash discovery subpoena is considered equivalent of motion
for protective order).
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D. LEGAL ANALYSIS.
18. As will be discussed in greater detail below, the pending subpoena must be quashed
(and a protective order issued) for the following reasons (which is not an exhaustive list):
19. First, the subpoena was issued in violation of Rule 1:9-4, which requires litigants
to issue civil subpoenas within the State of New Jersey. The subpoena is therefore unenforceable,
as it was issued to an out-of-state entity located in Madison, Wisconsin and the subpoena demands
CapSpecialty to “testify” in Philadelphia, Pennsylvania. Of course, Philadelphia, Pennsylvania is
not the venue of this action, and therefore, the venue of production/testimony is also improper.
20. Second, pursuant to Rule 4:10-2(c), claims notes and documents prepared by an
insurer in anticipation of litigation are privileged and protected by Court rules. Plaintiff may only
subpoena these records “only upon a showing that the party seeking discovery has substantial need
of the materials in the preparation of the case and is unable without undue hardship to obtain the
substantial equivalent of the materials by other means.” R. 4:10-2(c).
21. Third, pursuant to Rule of Professional Conduct 1.6, “(a) A lawyer shall not reveal
information relating to representation of a client unless the client consents after consultation,
except for disclosures that are impliedly authorized in order to carry out the representation, and
except as stated in paragraphs (b), (c), and (d).”
22. Fourth, the subpoena is “oppressive” pursuant to Rule 1:9-2, as Plaintiff makes a
broad and unfettered request for “any and all records” in this matter. This information is equivalent
to a “fishing expedition” and will likely yield information that is not reasonably calculated to lead
to admissible information. Further, all relevant discoverable material not protected by privilege
was produced during discovery in this matter.
23. Finally, CapSpecialty is not a party to the litigation. Therefore, the subpoena is
improper under R. 4:10-2(c) because it seeks, inter alia, claim notes and documents prepared in
anticipation of the instant litigation which are privileged.
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E. CONCLUSION.
24. In summary, Plaintiff has continued to act in an unorthodox and bad faith manner
by improperly issuing multiple subpoenas to Moving Defendants’ out-of-state insurance carrier
with no basis in our jurisprudence or Court rules. These subpoenas are unfettered, as they seek
confidential and privileged information such as claim notes and communications with Moving
Defendants’ defense counsel. As such, Moving Defendants seek a protective order to protect and
prevent the disclosure of any and all claim notes, attorney communications and similar privileged
information.
25. It is for this reason, and the reasons discussed above, that Plaintiff's request is
unduly burdensome and harassing and in violation of our rules of court. It is also for this reason
that Moving Defendants seek all fees and costs associated with filing this Motion to Quash.
WHEREFORE, Moving Defendants hereby request that this Honorable Court enter the
attached order.
BARDSLEY, BENEDICT + CHOLDEN, LLP
By: [s] Jameo J. Gueen, Esquire
James J. Green, Esquire
1000 Crawford Place, Suite 160
Mt. Laurel, NJ 08054
CELL: 215.292.2644
DIRECT: 267.699.3848
FAX: 267.699.3833
jgreen@bbclawfirm.com
https://bbclawfirm.com/
Dated: October 12, 2020
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 9 of 12 Trans ID: LCV20201806179
BARDSLEY, BENEDICT + CHOLDEN, LLP
By: James J. Green, Esquire
Attorney ID#: 018512007
1000 Crawford Place, Suite 160
Mt. Laurel, NJ 08054
CELL: 215.292.2644
DIRECT: 267.699.3848
FAX: 267.699.3833
jgreen@bbclawfirm.com
https://bbclawfirm.com/
Attorneys for Defendants, BOLERO RESORT AND CONFERENCE CENTER,
BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO
LAZAR SEKULIC, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
CAPE MAY COUNTY
Plaintiff,
DOCKET NO.: CPM-L-109-19
CIVIL ACTION
BOLERO RESORT AND CONFERENCE
CENTER, BOLERO CORPORATION and
FUREY W. LERRO a/k/a WALLY LERRO,
ORDER GRANTING MOTION TO
Defendants. QUASH AND FOR PROECTIVE
ORDER
This matter being brought before the Court upon the Motion of James J. Green, Esquire
attorney for BOLERO RESORT AND CONFERENCE CENTER, BOLERO
CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO (hereinafter and
collectively, “Moving Defendant”’) for an Order granting Moving Defendant’s Motion to Quash
Subpoena and for Protective Order, and the Court having reviewed the moving papers, heard
the arguments of counsel, and for “good cause” shown:
IT IS on this day of 2020 ORDERED that Moving Defendant’s
Motion to Quash and for Protective Order is hereby GRANTED in its entirety; and
IT IS FURTHER ORDERED that all subpoenas issued in the past and in the future to
CapSpecialty shall be considered “quashed” and invalid, and therefore, CapSpecialty has no duty
or obligation to respond to same; and
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 10 of 12 Trans ID: LCV20201806179
IT IS FURTHER ORDERED that Plaintiff shall not be entitled to seek, obtain or request;
and CapSpecialty and Moving Defendant shall not be required to produce; any claim notes,
attorney impressions/opinions, investigator impressions/opinions, adjuster impressions/opinions
or any other documents, object or thing created or produced in anticipation of litigation by
CapSpeciality, its attorneys, investigators or adjusters; and
IT IS FURTHER ORDERED that, within days, Moving Defendant’s Counsel
shall serve on Plaintiff's Counsel a complete accounting of its reasonable fees, costs and expenses
incurred in preparation of all motions to quash in the captioned matter; and
IT IS FURTHER ORDERED that, within days after receiving an accounting of
Defense Counsel’s fees, costs and expenses, Plaintiff shall be required to reimburse Moving
Defendant’s Counsel; and
IT IS FURTHER ORDERED that a copy of this Order be served upon on all counsel
within days of the date of this Order.
JS.C.
Opposed
Unopposed
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 11 of 12 Trans ID: LCV20201806179
BARDSLEY, BENEDICT + CHOLDEN, LLP
By: James J. Green, Esquire
Attorney ID#: 018512007
1000 Crawford Place, Suite 160
Mt. Laurel, NJ 08054
CELL: 215.292.2644
DIRECT: 267.699.3848
FAX: 267.699.3833
jgreen@bbclawfirm.com
https://bbclawfirm.com/
Attorneys for Defendants, BOLERO RESORT AND CONFERENCE CENTER,
BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO
LAZAR SEKULIC, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
CAPE MAY COUNTY
Plaintiff,
DOCKET NO.: CPM-L-109-19
CIVIL ACTION
BOLERO RESORT AND CONFERENCE
CENTER, BOLERO CORPORATION and
FUREY W. LERRO a/k/a WALLY LERRO, CERTIFICATION OF FILING
AND MAILING
Defendants.
PROOF OF FILING: I hereby certify that on October 12, 2020, Moving Defendants’
Motion to Quash and for Protective Order was electronically filed with the Atlantic County
Superior Court Clerk.
PROOF OF MAILING: Thereby certify that on October 12, 2020 a courtesy copy of Moving
Defendants’ Motion to Quash and for Protective Order was sent via e-Courts/electronic filing and
regular mail to:
Via Regular Mail
Shannon Harrington, Esquire
Harrington & Associates, P.C
Ten Penn Center
1801 Market Street, Suite 700
Philadelphia, PA 19103
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CERTIFICATION: 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.
Kate Platania
Kate Platania Paralegal
Dated: October 12, 2020
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 1 of 2 Trans ID: LCV20201806179
BARDSLEY, BENEDICT + CHOLDEN, LLP
By: James J. Green, Esquire
Attorney ID#: 018512007
1000 Crawford Place, Suite 160
Mt. Laurel, NJ 08054
CELL: 215.292.2644
DIRECT: 267.699.3848
FAX: 267.699.3833
jgreen@bbclawfirm.com
https://bbclawfirm.com/
Attorneys for Defendants, BOLERO RESORT AND CONFERENCE CENTER,
BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO
LAZAR SEKULIC, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
CAPE MAY COUNTY
Plaintiff,
DOCKET NO.: CPM-L-109-19
CIVIL ACTION
BOLERO RESORT AND CONFERENCE
CENTER, BOLERO CORPORATION and
FUREY W. LERRO a/k/a WALLY LERRO,
ORDER GRANTING MOTION TO
Defendants. QUASH AND FOR PROECTIVE
ORDER
This matter being brought before the Court upon the Motion of James J. Green, Esquire
attorney for BOLERO RESORT AND CONFERENCE CENTER, BOLERO
CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO (hereinafter and
collectively, “Moving Defendant’) for an Order granting Moving Defendant’s Motion to Quash
Subpoena and for Protective Order, and the Court having reviewed the moving papers, heard
the arguments of counsel, and for “good cause” shown:
IT IS on this day of 2020 ORDERED that Moving Defendant’s
Motion to Quash and for Protective Order is hereby GRANTED in its entirety; and
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IT IS FURTHER ORDERED that all subpoenas issued in the past and in the future to
CapSpecialty shall be considered “quashed” and invalid, and therefore, CapSpecialty has no duty
or obligation to respond to same; and
IT IS FURTHER ORDERED that Plaintiff shall not be entitled to seek, obtain or request;
and CapSpecialty and Moving Defendant shall not be required to produce; any claim notes,
attorney impressions/opinions, investigator impressions/opinions, adjuster impressions/opinions
or any other documents, object or thing created or produced in anticipation of litigation by
CapSpeciality, its attorneys, investigators or adjusters; and
IT IS FURTHER ORDERED that, within days, Moving Defendant’s Counsel
shall serve on Plaintiff's Counsel a complete accounting of its reasonable fees, costs and expenses
incurred in preparation of all motions to quash in the captioned matter; and
IT IS FURTHER ORDERED that, within days after receiving an accounting of
Defense Counsel’s fees, costs and expenses, Plaintiff shall be required to reimburse Moving
Defendant’s Counsel; and
IT IS FURTHER ORDERED that a copy of this Order be served upon on all counsel
within days of the date of this Order.
JS.C.
Opposed
Unopposed
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 1 of 6 Trans ID: LCV20201806179
EXHIBIT “A”
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 2 of 6 Trans ID: LCV20201806179
i
Center City Legal Reproductions, Inc. ae RUSH ek
“COLE
a
1315 Walnut Street, Suite 601, Philadelphia, PA
(215)732-1177 Fax: See Signature Below
19107
On Behalf Of:
January 22, 2019
CATHERINE HARRINGTON, ESQUIRE
HARRINGTON & ASSOCIATES CCLR File No. 19-01102GW/R
STATE OF NEW JERSEY ID# / Tracking # 626718
(Copy services use this ID on your requisition for payment).
CAPSPECIALTY
CLAIMS DEPARTMENT RE: BOLERO RESORT & CONFERENCE CENTER
ATTN: KATIE CORREA 3320 ATLANTIC AVE.
1600 ASPEN COMMONS, SUITE 300 WILDWOOD, NJ 08260
MIDOLETON, W1! 53562
Dear Records Custodian,
Please find enclosed herewith a Subpoena requiring you to come to our office on 03/01/2019 @
10:00AM
Rather than traveling to our office with your original records, you may make copies of your records and
mail them to Center City Legal Reproductions, Inc. You must copy your complete records file including
ANY AND ALL CLAIM RECORDS, MEDICAL REPORTS, MEMOS, DOCUMENTS, ANY WRITTEN
INFORMATION CONTAINED IN FILE REGARDING CLAIM # 185254, PERTAINING TO BOLERO
RESORT & CONFERENCE CENTER . **CERTIFICATION PAGE MUST BE SIGNED AND DATED
Thank you for your kind attention and cooperation. Also, if you would like to send us the records via
fax please send it to our direct fax line below.
Sincerely, Center City Legal Reproductions, Inc.
CATHERINE HARRINGTON, ESQUIRE
George Whartow 1315 Walnut Street
Suite 601
GEORGE WHARTON Philadelphia, PA 19107
(215)790-5714 (Phone) (215)825-7292 (Fax) (215)732-1177
CCLR Representative
gwharton@cclrinc.com
NOTES:
Please be advised that if these records are mailed to CCLR ON BUT NOT PRIOR to 03/01/2019 @ 10:00AM no appearance
will be necessary on your behalf.
PRIOR APPROVAL IS REQUIRED ON HOSPITALS FOR $100.00 AND OVER and ON ALL OTHER PROVIDERS FOR $50.00 AND OVER.
PROVIDER MUST COMPLY AND HIPAA RULES EXCLUDE SUBPOENAS.
NO INVOICE FOR RECORDS WILL BE PAID IF NOT SUPPLIED PRIOR OR ON THE DATE OF RECORDS RECEIVED.
1/25/2019 12:25:01 PM Batch: 44345827
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 3 of 6 Trans ID: LCV20201806179
.
“ Li Center City Legal Reproductions, Inc.
CCLR
apo
1315 Walnut Street, Suite 601, Philadelphia, PA
(215)732-1177 (phone) (215)825-7292 (Fax)
19107
———.
www.cclrinc.com
LAZAR SEKULIC Court No.: ATL-L-002734-18
vs
BOLERO RESORT AND CONFERENCE CENTER,
BOLERO CORPORATION AND FUREY W. LERRO A/K/A
WALLY LERRO
Patient Name: BOLERO RESORT & CONFERENCE Date of Birth:
ENTER
Certification of Satisfactory Assurances
As required by the Standards for Privacy of Individually Identifiable Health Information ("Privacy Regulations”)
promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), this certification
provides satisfactory assurances that appropriate steps have been taken to notify and/or otherwise protect the
Privacy of the individual who is the subject of the protected health information that is being requested.
1) We have made reasonable efforts to ensure that the individual above who is the subject of the information has
been given sufficient notice of the request, or the person authorized on his/her behalf has received
such notice. 1
have made a good faith attempt to provide written notice to the indivival/legal guardian,
2) We certify that the notice included sufficient information about the litigation or proceeding in which the protected
health information is requested to permit the individual to raise an objection (o the court or administrative .
tribunal.
3) We certify that the time for the individual to raise objections to the court or administrative tribunal has elapsed
and either no objections were filed, or all objections filed have been resolved, and the disclosures ‘sought are
consistent with such resolution. Supporting documentation of these efforts is attached.
Please contact me at (215)790-5714 if you have any questions regarding the request.
George Whartow 1122/2019
George Wharton Representative of CCLR, Inc. Date
1/25/2019 12:25:02 PM Batch: 44345827
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 4 of 6 Trans ID: LCV20201806179
.
On Behalf of: January 22, 2019
HARRINGTON & ASSOCIATES
TEN PENN CENTER CCLR File No. 19-01102GW/R
1801 MARKET ST., SUITE 700
PHILADELPHIA, PA 19103
CATHERINE HARRINGTON, ESQUIRE
HARRINGTON & ASSOCIATES
TEN PENN CENTER
1801 MARKET ST., SUITE 700
PHILADELPHIA, PA 19103
RE: LAZAR SEKULIC vs BOLERO RESORT AND CONFERENCE CENTER, BOLERO
CORPORATION AND FUREY W. LERRO A/K/A WALLY LERRO
Docket # ATL-L-002734-18
Dear Sir/Madam:
Enclosed are copies of Subpoena(s) and Counsel Return Page relating to records deposition(s)
scheduled by CATHERINE HARRINGTON, ESQUIRE
The scheduled date of this deposition(s) is:
03/01/2019 @ 10:00AM
CENTER CITY LEGAL REPRODUCTIONS INTENDS TO SERVE A SUBPOENA(S) IDENTICAL
TO THE ONE(S) ATTACHED TO THIS NOTICE. KINDLY COMPLETE AND RETURN THE
COUNSEL RETURN PAGE TO CCLR STATING WHETHER YOU WOULD LIKE TO ORDER A
COPY OF THE RECORDS AND WHETHER YOU HAVE ANY OBJECTIONS TO THE
PRODUCTION AND COPYING OF SUCH RECORDS OR MANNER THEREOF.
CATHERINE HARRINGTON, ESQUIRE
Attorney for Plaintiff
Center City Legal Reproductions, Inc.
1315 Walnut Street, Suite 601
Philadelphia, PA 19107
(215)732-1177
1/25/2019 12:25:02 PM Batch: 44345827
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 5 of 6 Trans ID: LCV20201806179
ID: 626718
. CATHERINE HARRINGTON, ESQUIRE
HARRINGTON & ASSOCIATES
TEN PENN CENTER
1801 MARKET ST., SUITE 700
PHILADELPHIA, PA 19103
ATTORNEY FOR PLAINTIFF(S)
LAZAR SEKULIC
LAZAR SEKULIC SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
ATLANTIC COUNTY
Docket No. : ATL-L-002734-18
vs 2
~ Civil Action
BOLERO RESORT AND CONFERENCE SUBPOENA DUCES TECUM
CENTER, BOLERO CORPORATION AND
FUREY W. LERRO A/K/A WALLY LERRO
STATE OF NEW JERSEY, TO: CAPSPECIALTY
LAIMS DEPARTMENT
ATTN: KATIE CORREA
1600 ASPEN COMMONS, SUITE 300
MIDDLETON, WI 53562
YOU ARE HEREBY COMMANDED to attend and give testimony before the above named court at the
Law Offices of HARRINGTON & ASSOCIATES, TEN PENN CENTER, 1801 MARKET ST., SUITE 700,
PHILADELPHIA, PA 19103 on 03/01/2019 @ 10:00AM on behalf of the PLAINTIFF in the above entitled
action, and that you have and bring with you and produce at the same time and place the following:
ANY AND ALL CLAIM RECORDS, MEDICAL REPORTS, MEMOS, DOCUMENTS, ANY WRITTEN
INFORMATION CONTAINED IN FILE REGARDING CLAIM # 185254, PERTAINING TO BOLERO
RESORT & CONFERENCE CENTER. **CERTIFICATION PAGE MUST BE SIGNED AND DATED.
Pursuant to New Jersey Court Rule 4:14-7(c), you are advised that the subpoenaed evidence
shall not be produced or released until the date specified above. Please send all requested
records to Center City Legal Reproductions, Inc., 1315 Walnut St., Suite 601, Philadelphia, PA
19107
If you are notified that a motion to quash the subpoena has been filed, you shall not produce or
release the subpoenaed evidence until ordered to do so by the Court or the release is
consented to by all parties to this action.
Failure to appear accordingly to the command of this Subpoena will subject you to a penalty,
damages in a Civil Suit and punishment for contempt of Court.
Dated January 22, 2019
Catherine Harrington, Esquire 7S
7S
CATHERINE HARRINGTON, ESQUIRE » Clerk
Attorney for the PLAINTIFF Superior Court of New Jersey
1/25/2019 12:25:03 PM Batch: 44345827
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 6 of 6 Trans ID: LCV20201806179
Center City Legal Reproductions, Inc
CCR Ate
1315 Wainut Street, Suite 601, Philadelphia, PA 19107
=
—— (215)732-1177 (phone) (215)825-7292 (Fax)
gwharton@cclrinc.com (email)
CERTIFICATE OF AUTHENTICITY
RECORDS CUSTODIAN - COMPLETE AND RETURN
CapSpecialty (Claims Department)
RE: Bolero Resort & Conference CCLR FILE# 19-01102GW/R iD# 626718
Center (IF APPLICABLE)
NUMBER OF PAGES: NUMBER OF FILMS
AFFIDAVIT OF RECORD CUSTODIAN
I, . being duly sworn according to law, am the duly authorized custodian of records for
CapSpecialty with the authority to certify said records, and | hereby certify to the following:
(1) The records attached hereto are true and correct copies of the records in my custody, pertaining to Bolero Resort
& Conference Center
(2) All records called for in the attached subpoena, including this certification, which are in my custody, have been
photocopied at my office, in my presence, at my discretion and under my supervision
(3) All records produced in my presence, unless stated below, were prepared in the ordinary course of business and
(4) A careful search has been made by me or at my direction for records pertaining to the above identified individual
and the records produced pursuant to the attached subpoena constitute all the records of the individual so identified.
Signature Print Name
Date Phone Number:
Additional
Information
CERTIFICATE OF NO RECORDS
| hereby certify that a thorough search has been made and that no records of the following
documents have been located (please check the appropriate box):
0 Records O Patient Billing O x-rays oO Records/X-rays have been purged
O Other (state reason)
Signature Print Name:
Date: Phone Number:
NOTE: ALL RECORDS ARE TO BE FORWARDED TO THE ABOVE ADDRESS (CCLR)
1/25/2019 12:25:04 PM Batch: 44345827
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 1 of 6 Trans ID: LCV20201806179
EXHIBIT “B”
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 2 of 6 Trans ID: LCV20201806179
A
“Center City Legal Reproductions, Inc.
ES
CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107
“RUSH ™
on on (215)732-1177 Fax: See Signature Below
===.
On Behalf Of:
January 22, 2019
CATHERINE HARRINGTON, ESQUIRE
HARRINGTON & ASSOCIATES CCLR File No. 19-01102GW/R
STATE OF NEW JERSEY ID#/ Tracking # 626719
(Copy services use this 10 on your requisition for payment).
CAPSPECIALTY
UNDERWRITING DEPARTMENT RE: BOLERO RESORT & CONFERENCE CENTER
ATTN: KATIE CORREA 3320 ATLANTIC AVE.
1600 ASPEN COMMONS, SUITE 300 WILDWOOD, NJ 08260
MIDDLETON, WI 53562
Dear Records Custodian,
Please find enclosed herewith a Subpoena requiring you to come to our office on 03/01/2019 @
10:00AM
Rather than traveling to our office with your original records, you may make copies of your records and
mail them to Center City Legal Reproductions, Inc. You must copy your complete records file including
ANY AND ALL UNDERWRITING RECORDS , INCLUDING DECLARATION PAGE AND TORT
WAIVER FORM, PERTAINING TO BOLERO RESORT & CONFERENCE CENTER .
**CERTIFICATION PAGE MUST BE SIGNED AND DATED.
Thank you for your kind attention and cooperation. Also, if you would like to send us the records via
fax please send it to our direct fax line below.
Sincerely, Center City Legal Reproductions, Inc.
CATHERINE HARRINGTON, ESQUIRE
George Whartow 1315 Walnut Street
Suite 601
GEORGE WHARTON | Philadelphia, PA 19107
(215)790-5714 (Phone) (215)825-7292 (Fax) (215)732-1177
CCLR Representative
gwharton@cclrinc.com
NOTES:
Please be advised that if these records are mailed to CCLR ON BUT NOT PRIOR to 03/01/2019 @ 10:00AM no appearance
will be necessary on your behalf.
PRIOR APPROVAL IS REQUIRED ON HOSPITALS FOR $100.00 AND OVER and ON ALL OTHER PROVIDERS FOR $50.00 AND OVER.
PROVIDER MUST COMPLY AND HIPAA RULES EXCLUDE SUBPOENAS.
NO INVOICE FOR RECORDS WILL BE PAID IF NOT SUPPLIED PRIOR OR ON THE DATE OF RECORDS RECEIVED,
1/25/2019 12:24:55 PM Batch: 44345827
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 3 of 6 Trans ID: LCV20201806179
i: Center City Legal Reproductions, Inc.
CCLRSeo
1315 Walnut Street, Suite 601, Philadelphia, PA
(215)732-1177 (phone) (215)825-7292 (Fax)
19107
www.ccirinc.com
LAZAR SEKULIC Court No.: ATL-L-002734-18
vs
BOLERO RESORT AND CONFERENCE CENTER,
BOLERO CORPORATION AND FUREY W. LERRO A/K/A
WALLY LERRO
Patient Name: BOLERO RESORT & CONFERENCE Date of Birth:
CENTER
4
Certification of Satisfactory Assurance:
As required by the Standards for Privacy of Individually identifiable Health Information ("Privacy Regulations")
promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), this certification
provides satisfactory assurances that appropriate steps have been taken to notify and/or otherwise protect the
privacy of the individual who is the subject of the protected health information that is being requested.
1) We have made reasonable efforts to ensure that the individual above who is the subject of the information has
been given sufficient notice of the request, or the person authorized on his/her behalf has received such notice. |
have made a good faith attempt to provide written notice to the indiviual/legal guardian.
2) We certify that the notice included sufficient information about the litigation or proceeding in which the protected
health information is requested to permit the individual to raise an objection to the court or administrative
tribunal.
3) We cerlify that the time for the individual to raise objections to the court or administrative tribunal has elapsed
and either no objections were filed, or all objections filed have been resolved, and the disclosures sought are
consistent with such resolution. Supporting documentation of these efforts is attached.
Please contact me at (215)790-5714 if you have any questions regarding the request.
George Whartow 1122/2019
George Wharton Representative of CCLR, Inc. Date
1/25/2019 12:24:56 PM Batch: 44345827
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 4 of 6 Trans ID: LCV20201806179
$$$
.
On Bthalf of: January 22, 2019
HARRINGTON & ASSOCIATES.
TEN PENN CENTER CCLR File No. 19-01102GW/R
1801 MARKET ST., SUITE 700
PHILADELPHIA, PA 19103
CATHERINE HARRINGTON, ESQUIRE
HARRINGTON & ASSOCIATES
TEN PENN CENTER
1801 MARKET ST., SUITE 700
PHILADELPHIA, PA 19103
RE: LAZAR SEKULIC vs BOLERO RESORT AND CONFERENCE CENTER, BOLERO
CORPORATION AND FUREY W. LERRO A/K/A WALLY LERRO
Docket # ATL-L-002734-18
Dear Sir/Madam:
Enclosed are copies of Subpoena(s) and Counsel Return Page relating to records deposition(s)
scheduled by CATHERINE HARRINGTON, ESQUIRE
The scheduled date of this deposition(s) is:
03/01/2019 @ 10:00AM
CENTER CITY LEGAL REPRODUCTIONS INTENDS TO SERVE A SUBPOENA(S) IDENTICAL
TO THE ONE(S) ATTACHED TO THIS NOTICE. KINDLY COMPLETE AND RETURN THE
COUNSEL RETURN PAGE TO CCLR STATING WHETHER YOU WOULD LIKE TO ORDER A
COPY OF THE RECORDS AND WHETHER YOU HAVE ANY OBJECTIONS TO THE
PRODUCTION AND COPYING OF SUCH RECORDS OR MANNER THEREOF.
CATHERINE HARRINGTON, ESQUIRE
Attorney for Plaintiff
Center City Legal Reproductions, Inc.
1315 Walnut Street, Suite 601
Philadelphia, PA 19107
(215)732-1177
1/25/2019 12:24:57 PM Batch: 44345827
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 5 of 6 Trans ID: LCV20201806179
.
ID: 626719
CATHERINESHARRINGTON, ESQUIRE
HARRINGTON & ASSOCIATES
TEN PENN CENTER
1801 MARKET ST., SUITE 700
PHILADELPHIA, PA 19103
ATTORNEY FOR PLAINTIFF(S)
LAZAR SEKULIC
LAZAR SEKULIC SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
ATLANTIC COUNTY
vs
Docket “ : ATL-L-002734-18
Civil Action
BOLERO RESORT AND CONFERENCE SUBPOENA DUCES TECUM
CENTER, BOLERO CORPORATION AND
FUREY W. LERRO A/K/A WALLY LERRO
STATE OF NEW JERSEY, TO: CAPSPECIALTY
UNDERWRITING DEPARTMENT
ATTN: KATIE CORREA
1600 ASPEN COMMONS, SUITE 300
MIDDLETON, WI 53562
YOU ARE HEREBY COMMANDED to attend and give testimony before the above named court at the
Law Offices of HARRINGTON & ASSOCIATES, TEN PENN CENTER, 1801 MARKET ST., SUITE 700,
PHILADELPHIA, PA 19103 on 03/01/2019 @ 10:00AM on behalf of the PLAINTIFF in the above entitled
action, and that you have and bring with you and produce at the same time and place the following:
Preview
CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 1 of 12 Trans ID: LCV20201806179 BARDSLEY, BENEDICT + CHOLDEN, LLP By: James J. Green, Esquire Attorney ID#: 018512007 1000 Crawford Place, Suite 160 Mt. Laurel, NJ 08054 CELL: 215.292.2644 DIRECT: 267.699.3848 FAX: 267.699.3833 jgreen@bbclawfirm.com https://bbclawfirm.com/ Attorneys for Defendants, BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO LAZAR SEKULIC, SUPERIOR COURT OF NEW JERSEY LAW DIVISION CAPE MAY COUNTY Plaintiff, DOCKET NO.: CPM-L-109-19 CIVIL ACTION BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION and NOTICE OF MOTION TO QUASH FUREY W. LERRO a/k/a WALLY LERRO, SUBPOENA ISSUED TO CAPSPECIALTY AND FOR Defendants. PROTECTIVE ORDER TO Shannon Harrington, Esquire Harrington & Associates, P.C. Ten Penn Center 1801 Market Street, Suite 700 Philadelphia, PA 19103 Counsel: PLEASE TAKE NOTICE that the undersigned will apply to the above-named Court located at Cape May County Courthouse, 9 N. Main Street, Cape May Court House, New Jersey on Friday, October 30, 2020, at 9 o’clock in the forenoon, or as soon thereafter as counsel may be heard, for an Order Granting Moving Defendants’ Motion, which is described in the caption above. Pursuant to R.1:6-2(d), the undersigned: () waives oral argument and consents to disposition on the papers. () does not request oral argument at this time. (X) requests oral argument, if timely opposition is received. A proposed form of Order is annexed. CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 2 of 12 Trans ID: LCV20201806179 DED: December 10, 2020 BARDSLEY, BENEDICT + CHOLDEN, LLP By: [s] Jameo J. Gueen, Esquire James J. Green, Esquire 1000 Crawford Place, Suite 160 Mt. Laurel, NJ 08054 CELL: 215.292.2644 DIRECT: 267.699.3848 FAX: 267.699.3833 jgreen@bbclawfirm.com https://bbclawfirm.com/ Dated: October 12, 2020 CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 3 of 12 Trans ID: LCV20201806179 BARDSLEY, BENEDICT + CHOLDEN, LLP By: James J. Green, Esquire Attorney ID#: 018512007 1000 Crawford Place, Suite 160 Mt. Laurel, NJ 08054 CELL: 215.292.2644 DIRECT: 267.699.3848 FAX: 267.699.3833 jgreen@bbclawfirm.com https://bbclawfirm.com/ Attorneys for Defendants, BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO LAZAR SEKULIC, SUPERIOR COURT OF NEW JERSEY LAW DIVISION CAPE MAY COUNTY Plaintiff, DOCKET NO.: CPM-L-109-19 CIVIL ACTION BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION and CERTIFICATION OF COUNSEL IN FUREY W. LERRO a/k/a WALLY LERRO, SUPPORT OF MOTION TO QUASH SUBPOENA ISSUED TO Defendants. CAPSPECIALTY AND FOR PROTECTIVE ORDER I, James J. Green, Esquire, am an attorney at law of the State of New Jersey, and a partner in the firm of Bardsley, Benedict + Cholden, LLP, and have been entrusted with the defense of the captioned matter on behalf of BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO (hereinafter and collectively “Moving Defendant”). Accordingly, I am familiar with the facts of this matter: A. PRELIMINARY STATEMENT On or about September 25, 2020, Plaintiff issued a subpoena to CapSpecialty, which is the insurance carrier for Moving Defendant demanding “any and all records pertaining to claim number 185254.” Pursuant to the plain language ofthat subpoena, Plaintiff seeks all information contained in the carrier’s claim file for the captioned matter, including its privileged and confidential communications with defense counsel. This is the third time that Plaintiff has issued CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 4 of 12 Trans ID: LCV20201806179 a subpoena to CapSpecialty and the third time Moving Defendant has been required to oppose same. Therefore, Moving Defendant seeks to quash the pending subpoena, issue a protective order for the CapSpecialty file and reimbursement of fees. B. PROCEDURAL BACKGROUND. 1 On November 9, 2018, Plaintiff filed a Complaint claiming that, on or about May 28, 2017, he was assaulted at Moving Defendant’s premises due to the negligence of Moving Defendant. Moving Defendant thereafter filed an Answer with Crossclaims denying all allegations. 2. On January 22, 2019, Plaintiff issued two (2) subpoenas to CapSpecialty, which is the insurance carrier for Moving Defendant. CapSpecialty is currently providing a defense to Moving Defendant. 3 Specifically, the first subpoena to CapSpecialty requested: ANY AND ALL CLAIM RECORDS, MEDICAL REPORTS, MEMOS, DOCUMENTS, ANY WRITTEN INFORMATION CONTAINED IN FILE REGARDING CLAIM #185254 PERTAINING TO BOLERO RESORT AND CONFERENCE CENTER. See Exhibit “A”. The second subpoena to CapSpecialty requested: ANY AND ALL UNDERWIRITING RECORDS, INCLUDING DECLARATION PAGE AND TORT WAIVER FORM PERTAINING TO BOLERO RESORT & CONFERENCE CENTER. See Exhibit “B”. 5 On February 22, 2019, Plaintiff re-issued the first subpoena with the following new language: INVESTIGATE FILE INCLUDING ALL REPORTS, WITNESS STATEMENTS, INVESTIGATION, ELECTRONIC COMMUNICATIONS, MEDICAL REPORTS, MEMOS, DOCUMENTS, ANY INFORMATION REGARDING CLAIM #185254, PERTAINING TO BOLERO RESORT & CONFERENCE CENTER. See Exhibit “C”. CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 5 of 12 Trans ID: LCV20201806179 6. When this office received the subpoenas, this office contacted Counsel for Plaintiff on March 8, 2019, asking that Counsel immediately withdraw the subpoena(s) and wait to receive Moving Defendant’s discovery responses. 7 On March 11, 2019, this office received correspondence from Plaintiff's Counsel advising that “we will agree to withdraw the subpoenas until we exchange discovery and discuss the facts of this matter.” As such, Plaintiff withdrew the abovementioned subpoenas, Exhibit “A”, Exhibit “B” and Exhibit “C”. 8 On August 27, 2020, approximately one-and-a-half years after withdrawing the abovementioned subpoenas, Plaintiff inexplicably filed a Motion to Enforce those same subpoenas. 9 Moving Defendant filed an opposition to that Motion because Plaintiff moved to enforce subpoenas that were previously withdrawn and nonetheless eighteen (18) months old. In that opposition, Moving Defendant argued that Plaintiff's requests for privileged and confidential information from an out-of-state, non-party insurance carrier, which is defending a pending lawsuit were procedurally, substantively, and ethically improper. 10. On September 11, 2020, prior to oral argument, Plaintiff's Counsel called Counsel for Moving Defendant to discuss the pending motions. Counsel conceded that new subpoenas needed to be issued, and therefore, withdrew its Motion to Enforce. Since Plaintiff withdrew its Motion to Enforce, Moving Defendant consequently withdrew its opposition, as there was no longer any subpoena to oppose. 11. During that same conversation, Counsel for Moving Defendant advised that, under no circumstance, would it agree to permit the disclosure of, inter alia, privileged and confidential communications, investigation or claim notes. CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 6 of 12 Trans ID: LCV20201806179 12. Instead of trying to resolve the subpoena issue in good faith with a more narrowly- tailored subpoena, Plaintiffs Counsel re-issued a subpoena to CapSpecialty with even broader language, by requesting “any and all records” in its insurance file. See Exhibit “D”. 13. Moving Defendant’s Counsel reports to CapSpecialty under this claim file, and therefore, Plaintiff is seeking, inter alia, confidential communications between defense counsel and CapSpecialty. 14. Plaintiff's request is therefore highly improper and should be subject to sanctions under our Rules of Court and jurisprudence. C. REQUEST FOR RELIEF & APPLICABLE LAW. 15. Moving Defendant hereby seeks to quash the pending subpoena and requests a protective order and reimbursement of attorneys’ fees and costs incurred to file the instant motion. 16. Pursuant to Rule 1:9-2: A subpoena or, in a civil action, a notice in lieu of subpoena as authorized by R. 1:9-1 may require production of books, papers, documents, electronically stored information, or other objects designated therein. The court on motion made promptly may quash or modify the subpoena or notice if compliance would be unreasonable or oppressive and, in a civil action, may condition denial of the motion upon the advancement by the person in whose behalf the subpoena or notice is issued of the reasonable cost of producing the objects subpoenaed. The court may direct that the objects designated in the subpoena or notice be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit them or portions of them to be inspected by the parties and their attorneys and, in matrimonial actions and juvenile proceedings, by a probation officer or other person designated by the court. Except for pretrial production directed by the court pursuant to this rule, subpoenas for pretrial production shall comply with the requirements of R. 4:14-7(c). 17. Similarly, Rule 4:10-3 permits a target of discovery to seek a protective order shielding her from discovery that would result in “annoyance, embarrassment, oppression or undue burden or expense.” See also Kerr v. Able Sanitary & Env. Services, Inc., 295 N.J. Super. 147, 155 fn4 (App. Div. 1996) (motion to quash discovery subpoena is considered equivalent of motion for protective order). CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 7 of 12 Trans ID: LCV20201806179 D. LEGAL ANALYSIS. 18. As will be discussed in greater detail below, the pending subpoena must be quashed (and a protective order issued) for the following reasons (which is not an exhaustive list): 19. First, the subpoena was issued in violation of Rule 1:9-4, which requires litigants to issue civil subpoenas within the State of New Jersey. The subpoena is therefore unenforceable, as it was issued to an out-of-state entity located in Madison, Wisconsin and the subpoena demands CapSpecialty to “testify” in Philadelphia, Pennsylvania. Of course, Philadelphia, Pennsylvania is not the venue of this action, and therefore, the venue of production/testimony is also improper. 20. Second, pursuant to Rule 4:10-2(c), claims notes and documents prepared by an insurer in anticipation of litigation are privileged and protected by Court rules. Plaintiff may only subpoena these records “only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means.” R. 4:10-2(c). 21. Third, pursuant to Rule of Professional Conduct 1.6, “(a) A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraphs (b), (c), and (d).” 22. Fourth, the subpoena is “oppressive” pursuant to Rule 1:9-2, as Plaintiff makes a broad and unfettered request for “any and all records” in this matter. This information is equivalent to a “fishing expedition” and will likely yield information that is not reasonably calculated to lead to admissible information. Further, all relevant discoverable material not protected by privilege was produced during discovery in this matter. 23. Finally, CapSpecialty is not a party to the litigation. Therefore, the subpoena is improper under R. 4:10-2(c) because it seeks, inter alia, claim notes and documents prepared in anticipation of the instant litigation which are privileged. CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 8 of 12 Trans ID: LCV20201806179 E. CONCLUSION. 24. In summary, Plaintiff has continued to act in an unorthodox and bad faith manner by improperly issuing multiple subpoenas to Moving Defendants’ out-of-state insurance carrier with no basis in our jurisprudence or Court rules. These subpoenas are unfettered, as they seek confidential and privileged information such as claim notes and communications with Moving Defendants’ defense counsel. As such, Moving Defendants seek a protective order to protect and prevent the disclosure of any and all claim notes, attorney communications and similar privileged information. 25. It is for this reason, and the reasons discussed above, that Plaintiff's request is unduly burdensome and harassing and in violation of our rules of court. It is also for this reason that Moving Defendants seek all fees and costs associated with filing this Motion to Quash. WHEREFORE, Moving Defendants hereby request that this Honorable Court enter the attached order. BARDSLEY, BENEDICT + CHOLDEN, LLP By: [s] Jameo J. Gueen, Esquire James J. Green, Esquire 1000 Crawford Place, Suite 160 Mt. Laurel, NJ 08054 CELL: 215.292.2644 DIRECT: 267.699.3848 FAX: 267.699.3833 jgreen@bbclawfirm.com https://bbclawfirm.com/ Dated: October 12, 2020 CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 9 of 12 Trans ID: LCV20201806179 BARDSLEY, BENEDICT + CHOLDEN, LLP By: James J. Green, Esquire Attorney ID#: 018512007 1000 Crawford Place, Suite 160 Mt. Laurel, NJ 08054 CELL: 215.292.2644 DIRECT: 267.699.3848 FAX: 267.699.3833 jgreen@bbclawfirm.com https://bbclawfirm.com/ Attorneys for Defendants, BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO LAZAR SEKULIC, SUPERIOR COURT OF NEW JERSEY LAW DIVISION CAPE MAY COUNTY Plaintiff, DOCKET NO.: CPM-L-109-19 CIVIL ACTION BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO, ORDER GRANTING MOTION TO Defendants. QUASH AND FOR PROECTIVE ORDER This matter being brought before the Court upon the Motion of James J. Green, Esquire attorney for BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO (hereinafter and collectively, “Moving Defendant”’) for an Order granting Moving Defendant’s Motion to Quash Subpoena and for Protective Order, and the Court having reviewed the moving papers, heard the arguments of counsel, and for “good cause” shown: IT IS on this day of 2020 ORDERED that Moving Defendant’s Motion to Quash and for Protective Order is hereby GRANTED in its entirety; and IT IS FURTHER ORDERED that all subpoenas issued in the past and in the future to CapSpecialty shall be considered “quashed” and invalid, and therefore, CapSpecialty has no duty or obligation to respond to same; and CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 10 of 12 Trans ID: LCV20201806179 IT IS FURTHER ORDERED that Plaintiff shall not be entitled to seek, obtain or request; and CapSpecialty and Moving Defendant shall not be required to produce; any claim notes, attorney impressions/opinions, investigator impressions/opinions, adjuster impressions/opinions or any other documents, object or thing created or produced in anticipation of litigation by CapSpeciality, its attorneys, investigators or adjusters; and IT IS FURTHER ORDERED that, within days, Moving Defendant’s Counsel shall serve on Plaintiff's Counsel a complete accounting of its reasonable fees, costs and expenses incurred in preparation of all motions to quash in the captioned matter; and IT IS FURTHER ORDERED that, within days after receiving an accounting of Defense Counsel’s fees, costs and expenses, Plaintiff shall be required to reimburse Moving Defendant’s Counsel; and IT IS FURTHER ORDERED that a copy of this Order be served upon on all counsel within days of the date of this Order. JS.C. Opposed Unopposed CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 11 of 12 Trans ID: LCV20201806179 BARDSLEY, BENEDICT + CHOLDEN, LLP By: James J. Green, Esquire Attorney ID#: 018512007 1000 Crawford Place, Suite 160 Mt. Laurel, NJ 08054 CELL: 215.292.2644 DIRECT: 267.699.3848 FAX: 267.699.3833 jgreen@bbclawfirm.com https://bbclawfirm.com/ Attorneys for Defendants, BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO LAZAR SEKULIC, SUPERIOR COURT OF NEW JERSEY LAW DIVISION CAPE MAY COUNTY Plaintiff, DOCKET NO.: CPM-L-109-19 CIVIL ACTION BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO, CERTIFICATION OF FILING AND MAILING Defendants. PROOF OF FILING: I hereby certify that on October 12, 2020, Moving Defendants’ Motion to Quash and for Protective Order was electronically filed with the Atlantic County Superior Court Clerk. PROOF OF MAILING: Thereby certify that on October 12, 2020 a courtesy copy of Moving Defendants’ Motion to Quash and for Protective Order was sent via e-Courts/electronic filing and regular mail to: Via Regular Mail Shannon Harrington, Esquire Harrington & Associates, P.C Ten Penn Center 1801 Market Street, Suite 700 Philadelphia, PA 19103 CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 12 of 12 Trans ID: LCV20201806179 CERTIFICATION: 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. Kate Platania Kate Platania Paralegal Dated: October 12, 2020 CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 1 of 2 Trans ID: LCV20201806179 BARDSLEY, BENEDICT + CHOLDEN, LLP By: James J. Green, Esquire Attorney ID#: 018512007 1000 Crawford Place, Suite 160 Mt. Laurel, NJ 08054 CELL: 215.292.2644 DIRECT: 267.699.3848 FAX: 267.699.3833 jgreen@bbclawfirm.com https://bbclawfirm.com/ Attorneys for Defendants, BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO LAZAR SEKULIC, SUPERIOR COURT OF NEW JERSEY LAW DIVISION CAPE MAY COUNTY Plaintiff, DOCKET NO.: CPM-L-109-19 CIVIL ACTION BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO, ORDER GRANTING MOTION TO Defendants. QUASH AND FOR PROECTIVE ORDER This matter being brought before the Court upon the Motion of James J. Green, Esquire attorney for BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION and FUREY W. LERRO a/k/a WALLY LERRO (hereinafter and collectively, “Moving Defendant’) for an Order granting Moving Defendant’s Motion to Quash Subpoena and for Protective Order, and the Court having reviewed the moving papers, heard the arguments of counsel, and for “good cause” shown: IT IS on this day of 2020 ORDERED that Moving Defendant’s Motion to Quash and for Protective Order is hereby GRANTED in its entirety; and CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 2 of 2 Trans ID: LCV20201806179 IT IS FURTHER ORDERED that all subpoenas issued in the past and in the future to CapSpecialty shall be considered “quashed” and invalid, and therefore, CapSpecialty has no duty or obligation to respond to same; and IT IS FURTHER ORDERED that Plaintiff shall not be entitled to seek, obtain or request; and CapSpecialty and Moving Defendant shall not be required to produce; any claim notes, attorney impressions/opinions, investigator impressions/opinions, adjuster impressions/opinions or any other documents, object or thing created or produced in anticipation of litigation by CapSpeciality, its attorneys, investigators or adjusters; and IT IS FURTHER ORDERED that, within days, Moving Defendant’s Counsel shall serve on Plaintiff's Counsel a complete accounting of its reasonable fees, costs and expenses incurred in preparation of all motions to quash in the captioned matter; and IT IS FURTHER ORDERED that, within days after receiving an accounting of Defense Counsel’s fees, costs and expenses, Plaintiff shall be required to reimburse Moving Defendant’s Counsel; and IT IS FURTHER ORDERED that a copy of this Order be served upon on all counsel within days of the date of this Order. JS.C. Opposed Unopposed CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 1 of 6 Trans ID: LCV20201806179 EXHIBIT “A” CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 2 of 6 Trans ID: LCV20201806179 i Center City Legal Reproductions, Inc. ae RUSH ek “COLE a 1315 Walnut Street, Suite 601, Philadelphia, PA (215)732-1177 Fax: See Signature Below 19107 On Behalf Of: January 22, 2019 CATHERINE HARRINGTON, ESQUIRE HARRINGTON & ASSOCIATES CCLR File No. 19-01102GW/R STATE OF NEW JERSEY ID# / Tracking # 626718 (Copy services use this ID on your requisition for payment). CAPSPECIALTY CLAIMS DEPARTMENT RE: BOLERO RESORT & CONFERENCE CENTER ATTN: KATIE CORREA 3320 ATLANTIC AVE. 1600 ASPEN COMMONS, SUITE 300 WILDWOOD, NJ 08260 MIDOLETON, W1! 53562 Dear Records Custodian, Please find enclosed herewith a Subpoena requiring you to come to our office on 03/01/2019 @ 10:00AM Rather than traveling to our office with your original records, you may make copies of your records and mail them to Center City Legal Reproductions, Inc. You must copy your complete records file including ANY AND ALL CLAIM RECORDS, MEDICAL REPORTS, MEMOS, DOCUMENTS, ANY WRITTEN INFORMATION CONTAINED IN FILE REGARDING CLAIM # 185254, PERTAINING TO BOLERO RESORT & CONFERENCE CENTER . **CERTIFICATION PAGE MUST BE SIGNED AND DATED Thank you for your kind attention and cooperation. Also, if you would like to send us the records via fax please send it to our direct fax line below. Sincerely, Center City Legal Reproductions, Inc. CATHERINE HARRINGTON, ESQUIRE George Whartow 1315 Walnut Street Suite 601 GEORGE WHARTON Philadelphia, PA 19107 (215)790-5714 (Phone) (215)825-7292 (Fax) (215)732-1177 CCLR Representative gwharton@cclrinc.com NOTES: Please be advised that if these records are mailed to CCLR ON BUT NOT PRIOR to 03/01/2019 @ 10:00AM no appearance will be necessary on your behalf. PRIOR APPROVAL IS REQUIRED ON HOSPITALS FOR $100.00 AND OVER and ON ALL OTHER PROVIDERS FOR $50.00 AND OVER. PROVIDER MUST COMPLY AND HIPAA RULES EXCLUDE SUBPOENAS. NO INVOICE FOR RECORDS WILL BE PAID IF NOT SUPPLIED PRIOR OR ON THE DATE OF RECORDS RECEIVED. 1/25/2019 12:25:01 PM Batch: 44345827 CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 3 of 6 Trans ID: LCV20201806179 . “ Li Center City Legal Reproductions, Inc. CCLR apo 1315 Walnut Street, Suite 601, Philadelphia, PA (215)732-1177 (phone) (215)825-7292 (Fax) 19107 ———. www.cclrinc.com LAZAR SEKULIC Court No.: ATL-L-002734-18 vs BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION AND FUREY W. LERRO A/K/A WALLY LERRO Patient Name: BOLERO RESORT & CONFERENCE Date of Birth: ENTER Certification of Satisfactory Assurances As required by the Standards for Privacy of Individually Identifiable Health Information ("Privacy Regulations”) promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), this certification provides satisfactory assurances that appropriate steps have been taken to notify and/or otherwise protect the Privacy of the individual who is the subject of the protected health information that is being requested. 1) We have made reasonable efforts to ensure that the individual above who is the subject of the information has been given sufficient notice of the request, or the person authorized on his/her behalf has received such notice. 1 have made a good faith attempt to provide written notice to the indivival/legal guardian, 2) We certify that the notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection (o the court or administrative . tribunal. 3) We certify that the time for the individual to raise objections to the court or administrative tribunal has elapsed and either no objections were filed, or all objections filed have been resolved, and the disclosures ‘sought are consistent with such resolution. Supporting documentation of these efforts is attached. Please contact me at (215)790-5714 if you have any questions regarding the request. George Whartow 1122/2019 George Wharton Representative of CCLR, Inc. Date 1/25/2019 12:25:02 PM Batch: 44345827 CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 4 of 6 Trans ID: LCV20201806179 . On Behalf of: January 22, 2019 HARRINGTON & ASSOCIATES TEN PENN CENTER CCLR File No. 19-01102GW/R 1801 MARKET ST., SUITE 700 PHILADELPHIA, PA 19103 CATHERINE HARRINGTON, ESQUIRE HARRINGTON & ASSOCIATES TEN PENN CENTER 1801 MARKET ST., SUITE 700 PHILADELPHIA, PA 19103 RE: LAZAR SEKULIC vs BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION AND FUREY W. LERRO A/K/A WALLY LERRO Docket # ATL-L-002734-18 Dear Sir/Madam: Enclosed are copies of Subpoena(s) and Counsel Return Page relating to records deposition(s) scheduled by CATHERINE HARRINGTON, ESQUIRE The scheduled date of this deposition(s) is: 03/01/2019 @ 10:00AM CENTER CITY LEGAL REPRODUCTIONS INTENDS TO SERVE A SUBPOENA(S) IDENTICAL TO THE ONE(S) ATTACHED TO THIS NOTICE. KINDLY COMPLETE AND RETURN THE COUNSEL RETURN PAGE TO CCLR STATING WHETHER YOU WOULD LIKE TO ORDER A COPY OF THE RECORDS AND WHETHER YOU HAVE ANY OBJECTIONS TO THE PRODUCTION AND COPYING OF SUCH RECORDS OR MANNER THEREOF. CATHERINE HARRINGTON, ESQUIRE Attorney for Plaintiff Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601 Philadelphia, PA 19107 (215)732-1177 1/25/2019 12:25:02 PM Batch: 44345827 CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 5 of 6 Trans ID: LCV20201806179 ID: 626718 . CATHERINE HARRINGTON, ESQUIRE HARRINGTON & ASSOCIATES TEN PENN CENTER 1801 MARKET ST., SUITE 700 PHILADELPHIA, PA 19103 ATTORNEY FOR PLAINTIFF(S) LAZAR SEKULIC LAZAR SEKULIC SUPERIOR COURT OF NEW JERSEY LAW DIVISION ATLANTIC COUNTY Docket No. : ATL-L-002734-18 vs 2 ~ Civil Action BOLERO RESORT AND CONFERENCE SUBPOENA DUCES TECUM CENTER, BOLERO CORPORATION AND FUREY W. LERRO A/K/A WALLY LERRO STATE OF NEW JERSEY, TO: CAPSPECIALTY LAIMS DEPARTMENT ATTN: KATIE CORREA 1600 ASPEN COMMONS, SUITE 300 MIDDLETON, WI 53562 YOU ARE HEREBY COMMANDED to attend and give testimony before the above named court at the Law Offices of HARRINGTON & ASSOCIATES, TEN PENN CENTER, 1801 MARKET ST., SUITE 700, PHILADELPHIA, PA 19103 on 03/01/2019 @ 10:00AM on behalf of the PLAINTIFF in the above entitled action, and that you have and bring with you and produce at the same time and place the following: ANY AND ALL CLAIM RECORDS, MEDICAL REPORTS, MEMOS, DOCUMENTS, ANY WRITTEN INFORMATION CONTAINED IN FILE REGARDING CLAIM # 185254, PERTAINING TO BOLERO RESORT & CONFERENCE CENTER. **CERTIFICATION PAGE MUST BE SIGNED AND DATED. Pursuant to New Jersey Court Rule 4:14-7(c), you are advised that the subpoenaed evidence shall not be produced or released until the date specified above. Please send all requested records to Center City Legal Reproductions, Inc., 1315 Walnut St., Suite 601, Philadelphia, PA 19107 If you are notified that a motion to quash the subpoena has been filed, you shall not produce or release the subpoenaed evidence until ordered to do so by the Court or the release is consented to by all parties to this action. Failure to appear accordingly to the command of this Subpoena will subject you to a penalty, damages in a Civil Suit and punishment for contempt of Court. Dated January 22, 2019 Catherine Harrington, Esquire 7S 7S CATHERINE HARRINGTON, ESQUIRE » Clerk Attorney for the PLAINTIFF Superior Court of New Jersey 1/25/2019 12:25:03 PM Batch: 44345827 CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 6 of 6 Trans ID: LCV20201806179 Center City Legal Reproductions, Inc CCR Ate 1315 Wainut Street, Suite 601, Philadelphia, PA 19107 = —— (215)732-1177 (phone) (215)825-7292 (Fax) gwharton@cclrinc.com (email) CERTIFICATE OF AUTHENTICITY RECORDS CUSTODIAN - COMPLETE AND RETURN CapSpecialty (Claims Department) RE: Bolero Resort & Conference CCLR FILE# 19-01102GW/R iD# 626718 Center (IF APPLICABLE) NUMBER OF PAGES: NUMBER OF FILMS AFFIDAVIT OF RECORD CUSTODIAN I, . being duly sworn according to law, am the duly authorized custodian of records for CapSpecialty with the authority to certify said records, and | hereby certify to the following: (1) The records attached hereto are true and correct copies of the records in my custody, pertaining to Bolero Resort & Conference Center (2) All records called for in the attached subpoena, including this certification, which are in my custody, have been photocopied at my office, in my presence, at my discretion and under my supervision (3) All records produced in my presence, unless stated below, were prepared in the ordinary course of business and (4) A careful search has been made by me or at my direction for records pertaining to the above identified individual and the records produced pursuant to the attached subpoena constitute all the records of the individual so identified. Signature Print Name Date Phone Number: Additional Information CERTIFICATE OF NO RECORDS | hereby certify that a thorough search has been made and that no records of the following documents have been located (please check the appropriate box): 0 Records O Patient Billing O x-rays oO Records/X-rays have been purged O Other (state reason) Signature Print Name: Date: Phone Number: NOTE: ALL RECORDS ARE TO BE FORWARDED TO THE ABOVE ADDRESS (CCLR) 1/25/2019 12:25:04 PM Batch: 44345827 CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 1 of 6 Trans ID: LCV20201806179 EXHIBIT “B” CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 2 of 6 Trans ID: LCV20201806179 A “Center City Legal Reproductions, Inc. ES CCLR 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 “RUSH ™ on on (215)732-1177 Fax: See Signature Below ===. On Behalf Of: January 22, 2019 CATHERINE HARRINGTON, ESQUIRE HARRINGTON & ASSOCIATES CCLR File No. 19-01102GW/R STATE OF NEW JERSEY ID#/ Tracking # 626719 (Copy services use this 10 on your requisition for payment). CAPSPECIALTY UNDERWRITING DEPARTMENT RE: BOLERO RESORT & CONFERENCE CENTER ATTN: KATIE CORREA 3320 ATLANTIC AVE. 1600 ASPEN COMMONS, SUITE 300 WILDWOOD, NJ 08260 MIDDLETON, WI 53562 Dear Records Custodian, Please find enclosed herewith a Subpoena requiring you to come to our office on 03/01/2019 @ 10:00AM Rather than traveling to our office with your original records, you may make copies of your records and mail them to Center City Legal Reproductions, Inc. You must copy your complete records file including ANY AND ALL UNDERWRITING RECORDS , INCLUDING DECLARATION PAGE AND TORT WAIVER FORM, PERTAINING TO BOLERO RESORT & CONFERENCE CENTER . **CERTIFICATION PAGE MUST BE SIGNED AND DATED. Thank you for your kind attention and cooperation. Also, if you would like to send us the records via fax please send it to our direct fax line below. Sincerely, Center City Legal Reproductions, Inc. CATHERINE HARRINGTON, ESQUIRE George Whartow 1315 Walnut Street Suite 601 GEORGE WHARTON | Philadelphia, PA 19107 (215)790-5714 (Phone) (215)825-7292 (Fax) (215)732-1177 CCLR Representative gwharton@cclrinc.com NOTES: Please be advised that if these records are mailed to CCLR ON BUT NOT PRIOR to 03/01/2019 @ 10:00AM no appearance will be necessary on your behalf. PRIOR APPROVAL IS REQUIRED ON HOSPITALS FOR $100.00 AND OVER and ON ALL OTHER PROVIDERS FOR $50.00 AND OVER. PROVIDER MUST COMPLY AND HIPAA RULES EXCLUDE SUBPOENAS. NO INVOICE FOR RECORDS WILL BE PAID IF NOT SUPPLIED PRIOR OR ON THE DATE OF RECORDS RECEIVED, 1/25/2019 12:24:55 PM Batch: 44345827 CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 3 of 6 Trans ID: LCV20201806179 i: Center City Legal Reproductions, Inc. CCLRSeo 1315 Walnut Street, Suite 601, Philadelphia, PA (215)732-1177 (phone) (215)825-7292 (Fax) 19107 www.ccirinc.com LAZAR SEKULIC Court No.: ATL-L-002734-18 vs BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION AND FUREY W. LERRO A/K/A WALLY LERRO Patient Name: BOLERO RESORT & CONFERENCE Date of Birth: CENTER 4 Certification of Satisfactory Assurance: As required by the Standards for Privacy of Individually identifiable Health Information ("Privacy Regulations") promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), this certification provides satisfactory assurances that appropriate steps have been taken to notify and/or otherwise protect the privacy of the individual who is the subject of the protected health information that is being requested. 1) We have made reasonable efforts to ensure that the individual above who is the subject of the information has been given sufficient notice of the request, or the person authorized on his/her behalf has received such notice. | have made a good faith attempt to provide written notice to the indiviual/legal guardian. 2) We certify that the notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal. 3) We cerlify that the time for the individual to raise objections to the court or administrative tribunal has elapsed and either no objections were filed, or all objections filed have been resolved, and the disclosures sought are consistent with such resolution. Supporting documentation of these efforts is attached. Please contact me at (215)790-5714 if you have any questions regarding the request. George Whartow 1122/2019 George Wharton Representative of CCLR, Inc. Date 1/25/2019 12:24:56 PM Batch: 44345827 CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 4 of 6 Trans ID: LCV20201806179 $$$ . On Bthalf of: January 22, 2019 HARRINGTON & ASSOCIATES. TEN PENN CENTER CCLR File No. 19-01102GW/R 1801 MARKET ST., SUITE 700 PHILADELPHIA, PA 19103 CATHERINE HARRINGTON, ESQUIRE HARRINGTON & ASSOCIATES TEN PENN CENTER 1801 MARKET ST., SUITE 700 PHILADELPHIA, PA 19103 RE: LAZAR SEKULIC vs BOLERO RESORT AND CONFERENCE CENTER, BOLERO CORPORATION AND FUREY W. LERRO A/K/A WALLY LERRO Docket # ATL-L-002734-18 Dear Sir/Madam: Enclosed are copies of Subpoena(s) and Counsel Return Page relating to records deposition(s) scheduled by CATHERINE HARRINGTON, ESQUIRE The scheduled date of this deposition(s) is: 03/01/2019 @ 10:00AM CENTER CITY LEGAL REPRODUCTIONS INTENDS TO SERVE A SUBPOENA(S) IDENTICAL TO THE ONE(S) ATTACHED TO THIS NOTICE. KINDLY COMPLETE AND RETURN THE COUNSEL RETURN PAGE TO CCLR STATING WHETHER YOU WOULD LIKE TO ORDER A COPY OF THE RECORDS AND WHETHER YOU HAVE ANY OBJECTIONS TO THE PRODUCTION AND COPYING OF SUCH RECORDS OR MANNER THEREOF. CATHERINE HARRINGTON, ESQUIRE Attorney for Plaintiff Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601 Philadelphia, PA 19107 (215)732-1177 1/25/2019 12:24:57 PM Batch: 44345827 CPM-L-000109-19 10/12/2020 2:33:18 PM Pg 5 of 6 Trans ID: LCV20201806179 . ID: 626719 CATHERINESHARRINGTON, ESQUIRE HARRINGTON & ASSOCIATES TEN PENN CENTER 1801 MARKET ST., SUITE 700 PHILADELPHIA, PA 19103 ATTORNEY FOR PLAINTIFF(S) LAZAR SEKULIC LAZAR SEKULIC SUPERIOR COURT OF NEW JERSEY LAW DIVISION ATLANTIC COUNTY vs Docket “ : ATL-L-002734-18 Civil Action BOLERO RESORT AND CONFERENCE SUBPOENA DUCES TECUM CENTER, BOLERO CORPORATION AND FUREY W. LERRO A/K/A WALLY LERRO STATE OF NEW JERSEY, TO: CAPSPECIALTY UNDERWRITING DEPARTMENT ATTN: KATIE CORREA 1600 ASPEN COMMONS, SUITE 300 MIDDLETON, WI 53562 YOU ARE HEREBY COMMANDED to attend and give testimony before the above named court at the Law Offices of HARRINGTON & ASSOCIATES, TEN PENN CENTER, 1801 MARKET ST., SUITE 700, PHILADELPHIA, PA 19103 on 03/01/2019 @ 10:00AM on behalf of the PLAINTIFF in the above entitled action, and that you have and bring with you and produce at the same time and place the following: