Preview
BER-L-001135-22 11/29/2023 6:46:40 PM Pg 1 of 7 Trans ID: LCV20233496686
Paul F. Romano, Esq.
Attorney ID: 043421998
BRANDON J. BRODERICK, LLC
65 State Route 4 East, First Floor
River Edge, New Jersey 07661
Attorney for Plaintiff, Milagros Kroll
(201) 853-1505
SUPERIOR COURT OF NEW JERSEY
MILAGROS KROLL, LAW DIVISION: BERGEN COUNTY
Plaintiff(s), DOCKET NO.: BER-L-1135-22
vs. Civil Action
WARREN WHITEHORN, COSME L/N/U, NOTICE OF MOTION TO RESTORE,
UBER TECHNOLOGIES, INC., RAISER AMEND THE COMPLAINT &
LLC, RASIER CA LLC, COSME MIGUEL REOPENING AND EXTENDING
INBERT NADAl, PALISADES DISCOVERY AN ADDITIONAL
INSURANCE COMAPANY, ALLSTATE NINETY (90) DAYS
INSURANCE COMPANY JOHN DOE 1-10
(fictitiously named), ABC Co. 1-10
(fictitiously named),
Defendants.
TO: Clerk of the Superior Court
BERGEN COUNTY SUPERIOR COURT
10 Main Street
Hackensack, New Jersey 07601
ON NOTICE TO: Jennifer Bruder, Esq.
HAWORTH BARBER & GERSTMAN, LLC
505 Main Street, Suite 212
Hackensack, New Jersey 07601
Attorney for Defendant(s), Uber Technologies, Inc. and Raiser, LLC
(also improperly pled as “Rasier CA LLC”)
SIR/MADAM:
PLEASE TAKE NOTICE that on Friday, December 15, 2023 at 9:00 in the forenoon or
as soon thereafter as counsel may be heard, the undersigned attorneys for Plaintiff, Milagros Kroll,
shall apply before the above-named Court at the Bergen County Courthouse, Hackensack, New
Jersey, for an Order restoring the Complaint as to Defendant, Cosme L/N/U, granting Plaintiff
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leave to file an Amended Complaint pursuant to R. 4:9-1, to include Cosme Miguel Imbert Nadal,
Palisades Insurance Company and Allstate Insurance Company as a direct party defendants; and
to reopen and extend the discovery end date for an additional ninety (90) days pursuant to R.
4:24(c).
PLEASE TAKE FURTHER NOTICE that Plaintiff shall rely upon the annexed
Certification of Counsel in support of said Motion.
PLEASE TAKE FURTHER NOTICE that pursuant to R. 1:6-2, the undersigned waives
oral argument and consents to disposition on the papers, unless the matter is opposed. A proposed
form of Order is hereto annexed.
PLEASE TAKE FURTHER NOTICE that, in accordance with the provisions of Rule
1:6-3, opposing affidavits or opposition papers shall be filed with the Clerk of the County and
served upon the moving party no later than eight (8) days prior to the return date of this motion
BRANDON J. BRODERICK, LLC
Attorney(s) for Plaintiff
By: Paul F. Romano, Esq./s/
PAUL F. ROMANO, ESQ.
Dated: November 29, 2023
DISCOVERY END DATE: November 21, 2023
ARBITRATION DATE: November 30, 2023
TRIAL DATE: None
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CERTIFICATION OF SERVICE
I, Paul F. Romano, Esq., of full age, being duly sworn, according to law and upon my oath,
depose and say:
1. I am an Associate with the law office of Brandon J. Broderick, Esq., LLC, located at 65
State Route 4 East, First Floor, River Edge, New Jersey 07661.
2. On November 29, 2023, I e-filed and sent via NJLS a courtesy copy of the within pleading
to:
Civil Motions Clerk
BERGEN COUNTY SUPERIOR COURT
10 Main Street
Hackensack, New Jersey 07601
3. On November 29, 2023, I e-filed a copy of the within pleading to:
Jennifer Bruder, Esq.
HAWORTH BARBER & GERSTMAN, LLC
505 Main Street, Suite 212
Hackensack, New Jersey 07601
Attorney for Defendant(s), Uber Technologies, Inc. and Raiser, LLC (also
improperly pled as “Rasier CA LLC”)
I hereby certify that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements are willfully false, I am subject to punishment.
Paul F. Romano, Esq./s/
PAUL F. ROMANO, ESQ.
Dated: November 29, 2023
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Paul F. Romano, Esq.
Attorney ID: 043421998
BRANDON J. BRODERICK, LLC
65 State Route 4 East, First Floor
River Edge, New Jersey 07661
Attorney for Plaintiff, Milagros Kroll
(201) 853-1505
SUPERIOR COURT OF NEW JERSEY
MILAGROS KROLL, LAW DIVISION: BERGEN COUNTY
Plaintiff(s), DOCKET NO.: BER-L-1135-22
vs. Civil Action
WARREN WHITEHORN, COSME L/N/U, CERTIFICATION OF COUNSEL
UBER TECHNOLOGIES, INC., RAISER
LLC, RASIER CA LLC, JOHN DOE 1-10
(fictitiously named), ABC Co. 1-10
(fictitiously named),
Defendants.
I, Paul F. Romano, Esq., hereby certify as follows:
1. I am an attorney at law in the State of New Jersey, and an associate with the law
firm of Brandon J. Broderick, LLC. As such, I am entrusted with the handling of the within matter
and have personal knowledge of all of the facts contained herein.
2. This Certification is being made in support of Plaintiff, Milagros Kroll’s,
(sometimes hereinafter referred to as the “Plaintiff”) Motion to Restore the Complaint as to
Defendant, Cosme L/N/U; to file an Amended Complaint pursuant to R. 4:9-1, to include Cosme
Miguel Imbert Nadal as a direct party in place of Cosme L/N/U; to file an Amended Complaint
pursuant to R. 4:9-1, to include Palisades Insurance Company and Allstate Insurance Company as
direct defendants; and to reopen and extend discovery an additional ninety (90) days.
3. Plaintiff Milagros Kroll brings this action to recover for significant personal injuries
sustained on July 29, 2020. At the time of the accident, Plaintiff was a passenger in a rideshare
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vehicle travelling at or near the intersection of Cambridge Way and Anderson Avenue in Alpine,
New Jersey. The rideshare vehicle was allegedly cut off by an unidentified vehicle which had
disregarded a stop sign controlling its direction of travel. As a consequence of the unidentified
vehicle disregarding the stop sign controlling its direction of travel, the rideshare vehicle was
caused to slam on its brakes to avoid a collision.
4. Ms. Kroll was not afforded an opportunity to fasten her seatbelt before the collision,
and as a result, she was thrown forward into the front seats. A copy of the incident report authored
by Plaintiff is annexed hereto as Exhibit A.
5. On February 25, 2022, the Plaintiff commenced the instant action in the Superior
Court of New Jersey, Law Division, Bergen County, against the defendants for bodily injury due
to a motor vehicle accident which occurred on July 29, 2020. At the time suit was initiated, Plaintiff
did not know the complete name of the rideshare driver.
6. On August 29, 2022, the Defendants, Uber Technologies, Inc. and Raiser, LLC
(also improperly pled as “Rasier CA LLC”), filed their Answer.
7. Please note that this matter has been assigned a 2022 Docket Number.
8. This office was required to file a motion to strike the answer and affirmative
defenses for Defendant Uber Technologies, Inc. and Raisier, LLC’s for failure to provide
discovery. Exhibit B.
9. Said interrogatories were provided 1 day prior to the expiration of the discovery
and date and, for the first time, disclosed the full identity of the rideshare driver namely Cosme
Miguel Inbert Nadal. Exhibit C.
10. The Complaint against Cosme L/N/U was dismissed for lack of prosecution.
11. Accordingly, we seek an Order in the form annexed hereto reinstating the complaint
against Cosme L/N/U and for leave to amend the complaint to name Cosme Miguel Inbert Nadal
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as a direct defendant. A proposed form of Amended Complaint is provided herewith as Exhibit
D.
12. In addition thereto, given the allegation of an identified vehicle, Plaintiff seeks
leave to join her personal automobile carrier Palisades Insurance Company, and Allstate Insurance
Company, UM carrier for Uber Technologies, LLC and Rasier, LLC, both of which provide UM
benefits to Plaintiff.
13. Accordingly, we seek an Order in the form annexed hereto, for leave to amend the
Complaint to name Palisades Insurance Company and Allstate Insurance Company as direct
defendants. A proposed form of Amended Complaint is provided herewith as Exhibit D.
14. This information was not discoverable through the existence of due diligence prior
to receiving Defendants’ responses on November 20, 2023.
15. Finally, Plaintiff respectfully requests a brief extension of discovery to serve the
newly joined parties and exchange discovery.
16. Discovery was extended one time by way of consent by letter dated March 28,
2023. Exhibit E.
17. Discovery was extended a second time by way of Order dated May 16, 2023.
Exhibit F.
18. Discovery was extended a third time by way of Order dated August 4, 2023.
Exhibit G.
19. In light of the Appellate Division's recent decision in the matter of Hollywood Café’
Diner, Inc. v. Jaffee, 2022 N.J. Super Lexis 102, it is respectfully submitted that the Court erred in
applying the “exceptional circumstances” standard to Plaintiff’s motion to briefly extend
discovery. Rather, Plaintiff’s application is governed by the “good cause” standard. I have taken
the liberty of enclosing the Appellate Divisions recent decision in the Hollywood Café Diner Inc.
matter as Exhibit H.
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20. There is an arbitration scheduled in this matter on November 30, 2023.
21. There is no pre-trial conference or trial date set in this matter.
I hereby certify that the foregoing statements made by me are true to the best of my
knowledge. I am aware that if any of the foregoing statements are willfully false, I am subject to
punishment.
BRANDON J. BRODERICK, LLC
Attorney(s) for Plaintiff
By: Paul F. Romano, Esq./s/
PAUL F. ROMANO, ESQ.
Dated: November 29, 2023
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Paul F. Romano, Esq.
Attorney ID: 043421998
BRANDON J. BRODERICK, LLC
65 State Route 4 East, First Floor
River Edge, New Jersey 07661
Attorney for Plaintiff, Milagros Kroll
(201) 853-1505
MILAGROS KROLL, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff(s),
DOCKET NO.: BER-L-1135-22
vs.
Civil Action
WARREN WHITEHORN, COSME L/N/U,
UBER TECHNOLOGIES, INCS, RAISER ORDER
LLC, RAISER CA LLC, JOHN DOE 1-10
(fictitiously named), and ABC Co. 1-10
(fictitiously named),
Defendant(s).
This matter having come before the Court upon the application of the Law Firm of Brandon
J. Broderick, LLC, attorneys for Plaintiff, Milagros Kroll, for an Order reinstating the Complaint
as to defendant, Cosme L/N/J, amend the complaint to include Cosme Miguel Imbert Nadal,
Palisades Insurance Company and Allstate Insurance Company, and the Court having read the
moving papers, and any papers filed in opposition thereto, and for good cause shown;
IT IS on this day of , 2023;
ORDERED that the Court’s Order of dismissal as to defendant, Cosme L/N/U entered on
September 6, 2022 be and is hereby vacated; and it is further
ORDERED that Plaintiff’s Complaint be and is hereby reinstated as to defendant, Cosme
L/N/U to the active trial calendar; and it is further
ORDERED that the Plaintiff’s Motion to file a First Amended Complaint to include
Cosme Miguel Imbert Nadal, Palisades Insurance Company and Allstate Insurance Company, as
direct party defendants be and hereby is granted; and it is further
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ORDERED that Plaintiff’s motion to extend discovery for ninety (90) days be and hereby
is granted; and it is further
ORDERED that the new discovery end date is February 21, 2024; and it is further
ORDERED that a copy of this Order shall be deemed served on all attorneys of record via
e-filing on the date set forth herein. Pursuant to Rule 1:5-1(a), movant shall serve a copy of this
Order on all parties not served electronically, nor served personally in court this date, within seven
(7) days of the date of this Order.
_____________________________
J.S.C.
_______ OPPOSED
_______ UNOPPOSED
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EXHIBIT A
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EXHIBIT B
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Paul F. Romano, Esq.
Attorney ID: 043421998
BRANDON J. BRODERICK, LLC
65 State Route 4 East, First Floor
River Edge, New Jersey 07661
Attorney for Plaintiff, Milagros Kroll
(201) 853-1505
SUPERIOR COURT OF NEW JERSEY
MILAGROS KROLL, LAW DIVISION: BERGEN COUNTY
Plaintiff(s), DOCKET NO.: BER-L-1135-22
vs. Civil Action
WARREN WHITEHORN, COSME L/N/U, TO STRIKE THE ANSWER AND
UBER TECHNOLOGIES, INC., RAISER AFFFIRMATIVE DEFENSES OF THE
LLC, RASIER CA LLC, JOHN DOE 1-10 DEFENDANTS FOR FAILURE TO
(fictitiously named), ABC Co. 1-10 PROVIDE DISCOVERY
(fictitiously named),
Defendants.
TO: Clerk of the Superior Court
BERGEN COUNTY SUPERIOR COURT
10 Main Street
Hackensack, New Jersey 07601
ON NOTICE TO: Jennifer Bruder, Esq.
HAWORTH BARBER & GERSTMAN, LLC
505 Main Street, Suite 212
Hackensack, New Jersey 07601
Attorney for Defendant(s), Uber Technologies, Inc. and Raiser, LLC
(also improperly pled as “Rasier CA LLC”)
SIR/MADAM:
PLEASE TAKE NOTICE that on Friday, November 17, 2023 at 9:00 in the forenoon or
as soon thereafter as counsel may be heard, the undersigned attorneys for Plaintiff, Milagros Kroll,
shall apply before the above-named Court at the Bergen County Courthouse, Hackensack, New
Jersey, for an Order striking the Answer and Affirmative Defenses of the Defendants, Uber
Technologies, Inc. and Raiser, LLC, for failure to provide discovery.
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PLEASE TAKE FURTHER NOTICE that Plaintiff shall rely upon the annexed
Certification of Counsel in support of said Motion.
PLEASE TAKE FURTHER NOTICE that pursuant to R. 1:6-2, the undersigned waives
oral argument and consents to disposition on the papers, unless the matter is opposed. A proposed
form of Order is hereto annexed.
PLEASE TAKE FURTHER NOTICE that, in accordance with the provisions of Rule
1:6-3, opposing affidavits or opposition papers shall be filed with the Clerk of the County and
served upon the moving party no later than eight (8) days prior to the return date of this motion
BRANDON J. BRODERICK, LLC
Attorney(s) for Plaintiff
By: Paul F. Romano, Esq./s/
PAUL F. ROMANO, ESQ.
Dated: November 1, 2023
DISCOVERY END DATE: November 21, 2023
ARBITRATION DATE: November 30, 2023
TRIAL DATE: None
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CERTIFICATION OF SERVICE
I, Paul F. Romano, Esq., of full age, being duly sworn, according to law and upon my oath,
depose and say:
1. I am an Associate with the law office of Brandon J. Broderick, Esq., LLC, located at 65
State Route 4 East, First Floor, River Edge, New Jersey 07661.
2. On November 1, 2023, I e-filed and sent via NJLS a courtesy copy of the within pleading
to:
Civil Motions Clerk
BERGEN COUNTY SUPERIOR COURT
10 Main Street
Hackensack, New Jersey 07601
3. On November 1, 2023, I e-filed a copy of the within pleading to:
Jennifer Bruder, Esq.
HAWORTH BARBER & GERSTMAN, LLC
505 Main Street, Suite 212
Hackensack, New Jersey 07601
Attorney for Defendant(s), Uber Technologies, Inc. and Raiser, LLC (also
improperly pled as “Rasier CA LLC”)
I hereby certify that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements are willfully false, I am subject to punishment.
Paul F. Romano, Esq./s/
PAUL F. ROMANO, ESQ.
Dated: November 1, 2023
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Paul F. Romano, Esq.
Attorney ID: 043421998
BRANDON J. BRODERICK, LLC
65 State Route 4 East, First Floor
River Edge, New Jersey 07661
Attorney for Plaintiff, Milagros Kroll
(201) 853-1505
SUPERIOR COURT OF NEW JERSEY
MILAGROS KROLL, LAW DIVISION: BERGEN COUNTY
Plaintiff(s), DOCKET NO.: BER-L-1135-22
vs. Civil Action
WARREN WHITEHORN, COSME L/N/U, CERTIFICATION OF COUNSEL
UBER TECHNOLOGIES, INC., RAISER
LLC, RASIER CA LLC, JOHN DOE 1-10
(fictitiously named), ABC Co. 1-10
(fictitiously named),
Defendants.
I, Paul F. Romano, Esq., hereby certify as follows:
1. I am an attorney at law in the State of New Jersey, and an associate with the law
firm of Brandon J. Broderick, LLC. As such, I am entrusted with the handling of the within matter
and have personal knowledge of all of the facts contained herein.
2. This Certification is being made in support of Plaintiff’s, Milagros Kroll,
(sometimes hereinafter referred to as the “Plaintiff”) Motion to strike the Answer and Affirmative
Defenses of the Defendants, Uber Technologies, Inc. and Raiser, LLC, for failure to provide
discovery.
2. On February 25, 2022, the Plaintiff commenced the instant action in the Superior
Court of New Jersey, Law Division, Bergen County, against the defendants for bodily injury due
to a motor vehicle accident which occurred on July 29, 2020.
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3. On August 29, 2022, the Defendants, Uber Technologies, Inc. and Raiser, LLC
(also improperly pled as “Rasier CA LLC”), filed their Answer.
4. As a result of the accident, the Plaintiff was caused to sustain severe and permanent
personal injuries, which continue to adversely affect her to this day.
5. Discovery demands were served upon the Defendants within the body of the
Plaintiff’s Complaint on March 1, 2022.
6. Thereafter, on August 16, 2023, correspondence was forwarded to Defendants
requesting their responses to Form C Interrogatories, Form C(1) Interrogatories and Notice to
Produce within ten (10) days. See, a true and accurate copy of Plaintiff’s 08/13/23 correspondence,
attached hereto as Exhibit A.
7. To date, Plaintiff have not received Defendants’ discovery responses.
8. The Plaintiff is not delinquent in providing any discovery responses in this matter.
9. As such, Plaintiff seeks to strike Defendants’, Uber Technologies, Inc. and Raiser,
LLC, Answer and Affirmative Defenses for their failure to provide discovery.
10. There is an arbitration scheduled in this matter on November 30, 2023.
11. There is no pre-trial conference or trial date set in this matter.
I hereby certify that the foregoing statements made by me are true to the best of my
knowledge. I am aware that if any of the foregoing statements are willfully false, I am subject to
punishment.
BRANDON J. BRODERICK, LLC
Attorney(s) for Plaintiff
By: Paul F. Romano, Esq./s/
PAUL F. ROMANO, ESQ.
Dated: November 1, 2023
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Paul F. Romano, Esq.
Attorney ID: 043421998
BRANDON J. BRODERICK, LLC
65 State Route 4 East, First Floor
River Edge, New Jersey 07661
Attorney for Plaintiff, Milagros Kroll
(201) 853-1505
SUPERIOR COURT OF NEW JERSEY
MILAGROS KROLL, LAW DIVISION: BERGEN COUNTY
Plaintiff(s), DOCKET NO.: BER-L-1135-22
vs. Civil Action
WARREN WHITEHORN, COSME L/N/U, ORDER
UBER TECHNOLOGIES, INC., RAISER
LLC, RASIER CA LLC, JOHN DOE 1-10
(fictitiously named), ABC Co. 1-10
(fictitiously named),
Defendants.
This matter having come before the Court upon the application of the Law Firm of Brandon
J. Broderick, LLC, attorneys for Plaintiff, Milagros Kroll, for an Order striking the Answer and
Affirmative Defenses of the Defendants, Uber Technologies, Inc. and Raiser, LLC, for failing to
provide discovery, and the Court having read the moving papers, and any papers filed in opposition
thereto, and for good cause shown;
IT IS on this day of , 2023;
ORDERED that the Answer and Affirmative Defenses of the Defendants, Uber
Technologies, Inc. and Raiser, LLC, be and are hereby stricken for failure to provide discovery;
and it is further
ORDERED that a copy of this Order shall be deemed served on all attorneys of record
via e-filing on the date set forth herein. Pursuant to Rule 1:5-1(a), movant shall serve a copy of
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this Order on all parties not served electronically, nor served personally in court this date, within
seven (7) days of the date of this Order.
_____________________________
J.S.C.
_______ OPPOSED
_______ UNOPPOSED
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EXHIBIT A
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BRANDON J. BRODERICK
ATTORNEY AT LAW
A Limited Liability Company
Brandon J. Broderick+^ Tiffany Glenn Burress+^
Ryan R. Broderick+° 65 State Route 4 East Bruce S. Cantin^
Matthew H. Broderick+ River Edge, NJ 07661 Christopher A. Bradley+◊
Kevin E. Kruse, MBA+^ Richard C. Embden+
Marc S. Borden+^ T: (201) 853-1505 David E. Rehe+^
Eric J. Plantier+^ F: (201) 489-0878 John (Jake) Van Dyken+^
Greg Shaffer+^* Brian R. Lehrer+
Bianca N. Pagani+^ Kristy L. Krasowski+◊
Raymond S. Carroll+^ *Certified by the Supreme Court of New Jersey William W. Wallis+^
Anthony J. Vindigni+^◊ as a Civil Trial Attorney Justin M. Day+
Brian W. Banasiak+ Christopher T. Karounos+*
Paul F. Romano+ + NJ Bar ^ NY Bar Susan M. Madar+
Paul A. Krauss+ ° CT Bar ◊ PA Bar Melissa A. Perrotta Marinelli^
Dhruv K. Patel+ ∞ MA Bar Lisa A. Lehrer+◊*
Kenneth W. Thayer+ Martha J. Vasquez+^
Charles H. Lynch+ Sami Zeka ◊
Jason A. Richman^ Michael K. Fortunato+
Stephen A. Mennella+ Thomas O’Connor+^
Matthew V. Futerfas+◊ William C. Firth^ ∞
August 16, 2023
Via Electronic Mail Only
Jennifer Bruder, Esq.
HAWORTH BARBER & GERSTMAN, LLC
505 Main Street, Suite 212
Hackensack, New Jersey 07601
Re: KROLL vs. UBER TECHNOLOGIES, et al.
Docket No.: BER-L-1135-22
Dear Ms. Bruder:
A review of our file indicates that we have not yet received your clients’, Uber Technologies,
Inc. and Rasier, LLC, responses to Form C and C(1) Interrogatories and Notice to Produce. Please
provide the responses to the above within the next ten (10) days of the date of this letter to avoid the
necessity of motion practice.
Please be guided accordingly.
Very truly yours,
BRANDON J. BRODERICK, LLC
Paul F. Romano, Esq.
PAUL F. ROMANO, ESQ.
PFR/slb
River Edge, NJ ▪ Ewing, NJ ▪ Toms River, NJ ▪ Edison, NJ ▪ Newark, NJ
New York, NY ▪ Rochester, NY ▪ Huntington, NY ▪ Bridgeport, CT
www.brandonjbroderick.com
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Sara Barreto
From: Sara Barreto
Sent: Wednesday, August 16, 2023 4:26 PM
To: JENNIFER.BRUDER@HBANDGLAW.COM; RACHEL.GAMBLE@HBANDGLAW.COM;
NJBOUNCES@HBANDGLAW.COM
Cc: Paul Romano; Janice Silva
Subject: MILAGROS KROLL vs. UBER TECHNOLOGIES, et al. - Defendants' Overdue Discovery
Attachments: 08-16-23 Letter to Counsel re overdue discovery.pdf
Good Afternoon,
Hope all is well.
Attached please find correspondence regarding Defendants’ overdue discovery responses.
Thank you.
Sara Barreto | Litigation Paralegal to Paul F. Romano, Esq. | Brandon J. Broderick, Attorney at Law | 65 State Route
4 East, River Edge, NJ 07661 | Office: 201.853.1505 | Direct Line: 201.882.7875 | Direct E-Fax: 201.380.2615 |
sbarreto@brandonjbroderick.com
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EXHIBIT C
BER-L-001135-22 11/29/2023 6:46:40 PM Pg 2 of 18 Trans ID: LCV20233496686
HAWORTH BARBER & GERSTMAN, LLC
Jennifer Bruder, Attorney ID: 031022010
505 Main Street, Suite 212
Hackensack, New Jersey 07601
Telephone: (201) 831-1400
Facsimile: (201) 831-1401
Attorneys for Defendants,
Uber Technologies, Inc. and Rasier, LLC (improperly pled as
“Rasier CA LLC”)
MILAGROS KROLL : SUPERIOR COURT OF NEW JERSEY
: BERGEN COUNTY
Plaintiff, :
: LAW DIVISION
v. :
: Docket No. BER-L-1135-22
WARREN WHITEHORN, COSME :
L/N/U, UBER TECHNOLOGIES, INC., :
RASIER LLC, RAISER CA LLC, JOHN : ANSWERS AND RESPONSES TO FORM C
DOE 1-10 (fictitiously named) and ABC : AND C(1) INTERROGATORIES ON BEHALF
CO. 1-10 (fictitiously named), : OF DEFENDANTS UBER TECHNOLOGIES,
: INC. AND RASIER, LLC
Defendants. :
To: Paul F. Romano, Esq.
Brandon J. Broderick, LLC
65 East State Route 4
River Edge, New Jersey 07661
Defendants, Uber Technologies, Inc., and Rasier, LLC, (“Answering Defendant’s”), by
and through its attorneys Haworth Barber & Gerstman, hereby objects and responds to Form C
and C(1) Interrogatories, as follows:
Answering Defendant reserves all objections to the admissibility of any information or
documents supplied herein until the trial of this matter. The fact that Answering Defendant
supplied the information herein, and the fact that Answering Defendant identified, referred to or
provided any document herein, does not constitute any admission by Answering Defendant that
such information or document is relevant, material, admissible in evidence or reasonably
calculated to lead to the discovery of admissible evidence in this litigation. By responding to these
Interrogatories, Answering Defendant does not acknowledge or concede the truth or accuracy of
any characterization, allegation or statement made in the Interrogatories. Answering Defendant
reserves the right to object to further inquiry with respect to the subject matter of any Interrogatory
or document or the use of any information or documents contained herein for any purpose.
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GENERAL OBJECTIONS
1. Answering Defendant objects to the Interrogatories to the extent that they seek
information that is protected from discovery by the attorney-client privilege, the work product
doctrine or any other privilege or immunity.
2. Answering Defendant objects to the Interrogatories because they are overly broad,
unduly burdensome and seek to impose upon Defendant an unreasonable burden of inquiry.
3. Answering Defendant objects to the Interrogatories because they are unduly vague,
ambiguous, and not susceptible to a reasoned interpretation.
4. Answering Defendant objects to the Interrogatories to the extent they fail to specify
a relevant time period and/or information relating to a period unreasonably in advance or
subsequent to this incident.
5. Answering Defendant objects to the Interrogatories to the extent that they seek
confidential and/or proprietary business information.
6. Answering Defendant objects to the Interrogatories to the extent that they seek the
production of documents that are neither relevant to, nor reasonably calculated to lead to the
discovery of admissible evidence in this action. In responding to the Interrogatories, Answering
Defendant does not concede the relevancy, materiality or admissibility of any of the information
or documents sought therein. These responses are made subject to, and without waiving, any
objections as to relevancy, materiality, or admissibility.
7. Answering Defendant objects to the Interrogatories to the extent that they seek the
production of documents that are not in the possession, custody or control of Answering
Defendant.
8. Answering Defendant objects to the Interrogatories because they are redundant and
not reasonably particular.
9. Nothing contained in any response herein shall be deemed to be an admission,
concession or waiver by Answering Defendant to the validity of any claim asserted by Plaintiff
against Answering Defendant.
10. To the extent that any Interrogatory inquires about “all,” “each” or “every,” the
Interrogatory is objected to as being overly broad and unduly burdensome. It is impossible to
represent, even after a reasonably diligent search, that “all,” “each” or “every” document or thing
falling within a description can be or has been located. Documents may be kept in a myriad of
locations and files. Many people may have handled them, they may have been moved frequently,
may have been arranged, rearranged or reordered. Documents may have been lost or may have
been part of materials disposed of in accordance with the record retention policy. Therefore,
Answering Defendant cannot warrant or represent that it has produced “all,” “each” or “every”
document or thing of a type requested; only that it has produced that which it could locate after a
BER-L-001135-22 11/29/2023 6:46:40 PM Pg 4 of 18 Trans ID: LCV20233496686
reasonably diligent search. Any further requirement of it is objected to as being unduly
burdensome.
11. Full and complete answers cannot be given at this time because discovery has not
been completed on many of the subjects of inquiry. Although Answering Defendant has attempted
to provide full and complete answers, this was not always possible due to the overly broad
questions and expansive nature of some of the requests. Answering Defendant hereby reserves its
right to supplement these responses as its investigation into these matters continues.
12. This General Response and these Objections are specifically incorporated into each
of the individual responses that follow. When a response is provided by Answering Defendant
after objection(s), this is in no manner meant and should not be construed as a waiver of the
objection(s). Subject to and without waiving any of the foregoing objections, Answering
Defendant responds as follows:
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FORM C
1. State: (a) the full name and residence address of each defendant; (b) if a corporation,
the exact corporate name; and (c) if a partnership, the exact partnership name and the full name
and residence of each partner.
ANSWER:
Uber Technologies, Inc.
1515 3rd Street
San Francisco, California 94158
Rasier, LLC
1515 3rd Street
San Francisco, California 94158
2. Describe in detail your version of the accident or occurrence setting forth the date,
location, time and weather.
ANSWER: Answering Defendant objects to the terminology “your version” as it is
overbroad, unduly burdensome, and vague, rendering this Interrogatory vague, ambiguous, and
unintelligible. Answering Defendant objects to this Interrogatory to the extent it implies facts not
in evidence, including but not limited to any claim that it owned, leased, maintained, operated, or
in any way controlled any vehicles involved in the subject incident. Therefore, Answering
Defendant does not have a version of the accident. Answering Defendant further objects to the
extent this Interrogatory assumes facts not in evidence, including but not limited to the existence
of an employment or agency relationship between Answering Defendant and Cosme Imbert Nadal
an assumption which Answering Defendant expressly denies. Cosme Imbert Nadal was an
independent transportation provider at the time of the subject incident and at all times relevant to
this litigation. Answering Defendant expressly denies that it is in any way liable with respect to
the alleged motor vehicle accident and denies that it shares in any responsibility for any injuries or
damages that Plaintiff alleges as a result.
Subject to and without waiver of these objections, none, as Answering Defendant is a
corporate entity that was not involved in the subject incident and was not present immediately
prior to, at the time of, or immediately following the subject incident.
3. If you intend to set up or plead or have set up or pleaded negligence or any other
separate defense as to the plaintiff or if you have or intend to set up a counterclaim or third-party
action, (a) state the facts upon which you intend to predicate such defenses, counterclaim or third-
party action; and (b) identify a copy of every document relating to such facts.
ANSWER: Answering Defendant objects to this Interrogatory because it is overly broad,
vague, ambiguous and calls for an improper legal conclusion. Further objecting, this Interrogatory
is premature as discovery is ongoing.
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Subject to and without waiving these objections, Answering Defendant refers to its
pleadings and affirmative defenses in this matter. Upon advice of counsel, Answering Defendant
will rely upon any and all facts and documentation regarding the separate defenses and negligence
of the Plaintiff, or cross, counter, or third-party claims against any other person or party that have
been developed in discovery and/or will be developed during the course of the continuing
investigation and discovery, as well as the direct and cross-examination of the witnesses at the
time of trial. Answering Defendant reserves the right to amend and/or supplement this response.
4. State the names and addresses of all persons who have knowledge or any relevant
facts to the case.
ANSWER: Answering Defendant objects to this Interrogatory because it is overly broad,
vague, ambiguous, unduly burdensome, and not calculated to lead to the discovery of admissible
evidence. Answering Defendant objects to this Interrogatory as it is a corporate entity that was not
involved in the subject incident and was not present immediately prior to, at the time of, or
immediately following the subject incident. Answering Defendant further objects to the extent this
Interrogatory seeks confidential and proprietary business information, and information subject to
privacy rights.
Subject to and without waiving these objections, and upon information and belief,
Answering Defendant identifies all parties to this lawsuit and their representatives; all persons
named in the police report, if any; all persons named in these answers and other answers to
Interrogatories; all persons named in all other discovery; any and all eyewitnesses; any and all
investigating police officers; any and all examining medical personnel; the custodians of any and
all relevant medical records; the custodians of any and all relevant records; and any other witnesses
or persons with relevant knowledge which continuing discovery, investigation, examination and
cross-examination may reveal. Answering Defendant reserves the right to amend and/or
supplement this response.
5. State (a) the name and address of any person who has made a statement regarding
this lawsuit; (b) whether the statement was oral or in writing; (c) the date the statement was made;
(d) the name and address of the person to whom the statement was made; (e) the name and address
of each person present when the statement was made; and (f) the name and address of each person
who has knowledge of the statement.
Unless subject to a claim of privilege, which must be specified: (g) attach a copy of the
statement, if it is in writing; (h) if the statement was oral, state whether a recording was made and,
if so, set forth the nature of the recording and the name and address of the person who has custody
of it; and (i) if the statement was oral and no recording was made, provide a detailed summary of
its contents.
ANSWER: Answering Defendant objects to this Interrogatory because it is overly broad,
vague, ambiguous, unduly burdensome, and not calculated to lead to the discovery of admissible
evidence. Answering Defendant further objects to this Interrogatory to the extent it seeks
information that is confidential, proprietary, subject to privacy rights, and protected by the
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attorney-client privilege, self-critical analysis privilege, work product, and/or the insurer/insured
privilege.
Subject to and without waiving these objections, see the police report, if any, to the extent
it contains statements. Presumably the plaintiff also made statements to plaintiff’s medical
providers that will be reflected in medical records received from the plaintiff or via subpoena with
notice to all parties. Answering Defendant is also in possession of what may be construed as
statements in communications with Cosme Imbert Nadal, communications with Milagros Kroll,
which are attached. Answering Defendant reserves the right to amend and/or supplement this
response.
6. If you claim that the plaintiff made any statements or admissions as to the subject
matter of this lawsuit, state: (a) the date made; (b) the name of the person by whom made; (c) the
name and address of the person to whom made; (d) where made; (e) the name and address of each
person present at the time the admission was made; (f) the contents of the admission; and (g) if in
writing, attach a copy.
Preview
BER-L-001135-22 11/29/2023 6:46:40 PM Pg 1 of 7 Trans ID: LCV20233496686 Paul F. Romano, Esq. Attorney ID: 043421998 BRANDON J. BRODERICK, LLC 65 State Route 4 East, First Floor River Edge, New Jersey 07661 Attorney for Plaintiff, Milagros Kroll (201) 853-1505 SUPERIOR COURT OF NEW JERSEY MILAGROS KROLL, LAW DIVISION: BERGEN COUNTY Plaintiff(s), DOCKET NO.: BER-L-1135-22 vs. Civil Action WARREN WHITEHORN, COSME L/N/U, NOTICE OF MOTION TO RESTORE, UBER TECHNOLOGIES, INC., RAISER AMEND THE COMPLAINT & LLC, RASIER CA LLC, COSME MIGUEL REOPENING AND EXTENDING INBERT NADAl, PALISADES DISCOVERY AN ADDITIONAL INSURANCE COMAPANY, ALLSTATE NINETY (90) DAYS INSURANCE COMPANY JOHN DOE 1-10 (fictitiously named), ABC Co. 1-10 (fictitiously named), Defendants. TO: Clerk of the Superior Court BERGEN COUNTY SUPERIOR COURT 10 Main Street Hackensack, New Jersey 07601 ON NOTICE TO: Jennifer Bruder, Esq. HAWORTH BARBER & GERSTMAN, LLC 505 Main Street, Suite 212 Hackensack, New Jersey 07601 Attorney for Defendant(s), Uber Technologies, Inc. and Raiser, LLC (also improperly pled as “Rasier CA LLC”) SIR/MADAM: PLEASE TAKE NOTICE that on Friday, December 15, 2023 at 9:00 in the forenoon or as soon thereafter as counsel may be heard, the undersigned attorneys for Plaintiff, Milagros Kroll, shall apply before the above-named Court at the Bergen County Courthouse, Hackensack, New Jersey, for an Order restoring the Complaint as to Defendant, Cosme L/N/U, granting Plaintiff BER-L-001135-22 11/29/2023 6:46:40 PM Pg 2 of 7 Trans ID: LCV20233496686 leave to file an Amended Complaint pursuant to R. 4:9-1, to include Cosme Miguel Imbert Nadal, Palisades Insurance Company and Allstate Insurance Company as a direct party defendants; and to reopen and extend the discovery end date for an additional ninety (90) days pursuant to R. 4:24(c). PLEASE TAKE FURTHER NOTICE that Plaintiff shall rely upon the annexed Certification of Counsel in support of said Motion. PLEASE TAKE FURTHER NOTICE that pursuant to R. 1:6-2, the undersigned waives oral argument and consents to disposition on the papers, unless the matter is opposed. A proposed form of Order is hereto annexed. PLEASE TAKE FURTHER NOTICE that, in accordance with the provisions of Rule 1:6-3, opposing affidavits or opposition papers shall be filed with the Clerk of the County and served upon the moving party no later than eight (8) days prior to the return date of this motion BRANDON J. BRODERICK, LLC Attorney(s) for Plaintiff By: Paul F. Romano, Esq./s/ PAUL F. ROMANO, ESQ. Dated: November 29, 2023 DISCOVERY END DATE: November 21, 2023 ARBITRATION DATE: November 30, 2023 TRIAL DATE: None BER-L-001135-22 11/29/2023 6:46:40 PM Pg 3 of 7 Trans ID: LCV20233496686 CERTIFICATION OF SERVICE I, Paul F. Romano, Esq., of full age, being duly sworn, according to law and upon my oath, depose and say: 1. I am an Associate with the law office of Brandon J. Broderick, Esq., LLC, located at 65 State Route 4 East, First Floor, River Edge, New Jersey 07661. 2. On November 29, 2023, I e-filed and sent via NJLS a courtesy copy of the within pleading to: Civil Motions Clerk BERGEN COUNTY SUPERIOR COURT 10 Main Street Hackensack, New Jersey 07601 3. On November 29, 2023, I e-filed a copy of the within pleading to: Jennifer Bruder, Esq. HAWORTH BARBER & GERSTMAN, LLC 505 Main Street, Suite 212 Hackensack, New Jersey 07601 Attorney for Defendant(s), Uber Technologies, Inc. and Raiser, LLC (also improperly pled as “Rasier CA LLC”) I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. Paul F. Romano, Esq./s/ PAUL F. ROMANO, ESQ. Dated: November 29, 2023 BER-L-001135-22 11/29/2023 6:46:40 PM Pg 4 of 7 Trans ID: LCV20233496686 Paul F. Romano, Esq. Attorney ID: 043421998 BRANDON J. BRODERICK, LLC 65 State Route 4 East, First Floor River Edge, New Jersey 07661 Attorney for Plaintiff, Milagros Kroll (201) 853-1505 SUPERIOR COURT OF NEW JERSEY MILAGROS KROLL, LAW DIVISION: BERGEN COUNTY Plaintiff(s), DOCKET NO.: BER-L-1135-22 vs. Civil Action WARREN WHITEHORN, COSME L/N/U, CERTIFICATION OF COUNSEL UBER TECHNOLOGIES, INC., RAISER LLC, RASIER CA LLC, JOHN DOE 1-10 (fictitiously named), ABC Co. 1-10 (fictitiously named), Defendants. I, Paul F. Romano, Esq., hereby certify as follows: 1. I am an attorney at law in the State of New Jersey, and an associate with the law firm of Brandon J. Broderick, LLC. As such, I am entrusted with the handling of the within matter and have personal knowledge of all of the facts contained herein. 2. This Certification is being made in support of Plaintiff, Milagros Kroll’s, (sometimes hereinafter referred to as the “Plaintiff”) Motion to Restore the Complaint as to Defendant, Cosme L/N/U; to file an Amended Complaint pursuant to R. 4:9-1, to include Cosme Miguel Imbert Nadal as a direct party in place of Cosme L/N/U; to file an Amended Complaint pursuant to R. 4:9-1, to include Palisades Insurance Company and Allstate Insurance Company as direct defendants; and to reopen and extend discovery an additional ninety (90) days. 3. Plaintiff Milagros Kroll brings this action to recover for significant personal injuries sustained on July 29, 2020. At the time of the accident, Plaintiff was a passenger in a rideshare BER-L-001135-22 11/29/2023 6:46:40 PM Pg 5 of 7 Trans ID: LCV20233496686 vehicle travelling at or near the intersection of Cambridge Way and Anderson Avenue in Alpine, New Jersey. The rideshare vehicle was allegedly cut off by an unidentified vehicle which had disregarded a stop sign controlling its direction of travel. As a consequence of the unidentified vehicle disregarding the stop sign controlling its direction of travel, the rideshare vehicle was caused to slam on its brakes to avoid a collision. 4. Ms. Kroll was not afforded an opportunity to fasten her seatbelt before the collision, and as a result, she was thrown forward into the front seats. A copy of the incident report authored by Plaintiff is annexed hereto as Exhibit A. 5. On February 25, 2022, the Plaintiff commenced the instant action in the Superior Court of New Jersey, Law Division, Bergen County, against the defendants for bodily injury due to a motor vehicle accident which occurred on July 29, 2020. At the time suit was initiated, Plaintiff did not know the complete name of the rideshare driver. 6. On August 29, 2022, the Defendants, Uber Technologies, Inc. and Raiser, LLC (also improperly pled as “Rasier CA LLC”), filed their Answer. 7. Please note that this matter has been assigned a 2022 Docket Number. 8. This office was required to file a motion to strike the answer and affirmative defenses for Defendant Uber Technologies, Inc. and Raisier, LLC’s for failure to provide discovery. Exhibit B. 9. Said interrogatories were provided 1 day prior to the expiration of the discovery and date and, for the first time, disclosed the full identity of the rideshare driver namely Cosme Miguel Inbert Nadal. Exhibit C. 10. The Complaint against Cosme L/N/U was dismissed for lack of prosecution. 11. Accordingly, we seek an Order in the form annexed hereto reinstating the complaint against Cosme L/N/U and for leave to amend the complaint to name Cosme Miguel Inbert Nadal BER-L-001135-22 11/29/2023 6:46:40 PM Pg 6 of 7 Trans ID: LCV20233496686 as a direct defendant. A proposed form of Amended Complaint is provided herewith as Exhibit D. 12. In addition thereto, given the allegation of an identified vehicle, Plaintiff seeks leave to join her personal automobile carrier Palisades Insurance Company, and Allstate Insurance Company, UM carrier for Uber Technologies, LLC and Rasier, LLC, both of which provide UM benefits to Plaintiff. 13. Accordingly, we seek an Order in the form annexed hereto, for leave to amend the Complaint to name Palisades Insurance Company and Allstate Insurance Company as direct defendants. A proposed form of Amended Complaint is provided herewith as Exhibit D. 14. This information was not discoverable through the existence of due diligence prior to receiving Defendants’ responses on November 20, 2023. 15. Finally, Plaintiff respectfully requests a brief extension of discovery to serve the newly joined parties and exchange discovery. 16. Discovery was extended one time by way of consent by letter dated March 28, 2023. Exhibit E. 17. Discovery was extended a second time by way of Order dated May 16, 2023. Exhibit F. 18. Discovery was extended a third time by way of Order dated August 4, 2023. Exhibit G. 19. In light of the Appellate Division's recent decision in the matter of Hollywood Café’ Diner, Inc. v. Jaffee, 2022 N.J. Super Lexis 102, it is respectfully submitted that the Court erred in applying the “exceptional circumstances” standard to Plaintiff’s motion to briefly extend discovery. Rather, Plaintiff’s application is governed by the “good cause” standard. I have taken the liberty of enclosing the Appellate Divisions recent decision in the Hollywood Café Diner Inc. matter as Exhibit H. BER-L-001135-22 11/29/2023 6:46:40 PM Pg 7 of 7 Trans ID: LCV20233496686 20. There is an arbitration scheduled in this matter on November 30, 2023. 21. There is no pre-trial conference or trial date set in this matter. I hereby certify that the foregoing statements made by me are true to the best of my knowledge. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. BRANDON J. BRODERICK, LLC Attorney(s) for Plaintiff By: Paul F. Romano, Esq./s/ PAUL F. ROMANO, ESQ. Dated: November 29, 2023 BER-L-001135-22 11/29/2023 6:46:40 PM Pg 1 of 2 Trans ID: LCV20233496686 Paul F. Romano, Esq. Attorney ID: 043421998 BRANDON J. BRODERICK, LLC 65 State Route 4 East, First Floor River Edge, New Jersey 07661 Attorney for Plaintiff, Milagros Kroll (201) 853-1505 MILAGROS KROLL, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff(s), DOCKET NO.: BER-L-1135-22 vs. Civil Action WARREN WHITEHORN, COSME L/N/U, UBER TECHNOLOGIES, INCS, RAISER ORDER LLC, RAISER CA LLC, JOHN DOE 1-10 (fictitiously named), and ABC Co. 1-10 (fictitiously named), Defendant(s). This matter having come before the Court upon the application of the Law Firm of Brandon J. Broderick, LLC, attorneys for Plaintiff, Milagros Kroll, for an Order reinstating the Complaint as to defendant, Cosme L/N/J, amend the complaint to include Cosme Miguel Imbert Nadal, Palisades Insurance Company and Allstate Insurance Company, and the Court having read the moving papers, and any papers filed in opposition thereto, and for good cause shown; IT IS on this day of , 2023; ORDERED that the Court’s Order of dismissal as to defendant, Cosme L/N/U entered on September 6, 2022 be and is hereby vacated; and it is further ORDERED that Plaintiff’s Complaint be and is hereby reinstated as to defendant, Cosme L/N/U to the active trial calendar; and it is further ORDERED that the Plaintiff’s Motion to file a First Amended Complaint to include Cosme Miguel Imbert Nadal, Palisades Insurance Company and Allstate Insurance Company, as direct party defendants be and hereby is granted; and it is further BER-L-001135-22 11/29/2023 6:46:40 PM Pg 2 of 2 Trans ID: LCV20233496686 ORDERED that Plaintiff’s motion to extend discovery for ninety (90) days be and hereby is granted; and it is further ORDERED that the new discovery end date is February 21, 2024; and it is further ORDERED that a copy of this Order shall be deemed served on all attorneys of record via e-filing on the date set forth herein. Pursuant to Rule 1:5-1(a), movant shall serve a copy of this Order on all parties not served electronically, nor served personally in court this date, within seven (7) days of the date of this Order. _____________________________ J.S.C. _______ OPPOSED _______ UNOPPOSED BER-L-001135-22 11/29/2023 6:46:40 PM Pg 1 of 6 Trans ID: LCV20233496686 EXHIBIT A BER-L-001135-22 11/29/2023 6:46:40 PM Pg 2 of 6 Trans ID: LCV20233496686 BER-L-001135-22 11/29/2023 6:46:40 PM Pg 3 of 6 Trans ID: LCV20233496686 BER-L-001135-22 11/29/2023 6:46:40 PM Pg 4 of 6 Trans ID: LCV20233496686 BER-L-001135-22 11/29/2023 6:46:40 PM Pg 5 of 6 Trans ID: LCV20233496686 BER-L-001135-22 11/29/2023 6:46:40 PM Pg 6 of 6 Trans ID: LCV20233496686 BER-L-001135-22 11/29/2023 6:46:40 PM Pg 1 of 13 Trans ID: LCV20233496686 EXHIBIT B BER-L-001135-22 BER-L-001135-22 11/29/2023 11/01/20236:46:40 4:32:23PM PM Pg Pg21of of13 5 Trans TransID: ID:LCV20233272478 LCV20233496686 Paul F. Romano, Esq. Attorney ID: 043421998 BRANDON J. BRODERICK, LLC 65 State Route 4 East, First Floor River Edge, New Jersey 07661 Attorney for Plaintiff, Milagros Kroll (201) 853-1505 SUPERIOR COURT OF NEW JERSEY MILAGROS KROLL, LAW DIVISION: BERGEN COUNTY Plaintiff(s), DOCKET NO.: BER-L-1135-22 vs. Civil Action WARREN WHITEHORN, COSME L/N/U, TO STRIKE THE ANSWER AND UBER TECHNOLOGIES, INC., RAISER AFFFIRMATIVE DEFENSES OF THE LLC, RASIER CA LLC, JOHN DOE 1-10 DEFENDANTS FOR FAILURE TO (fictitiously named), ABC Co. 1-10 PROVIDE DISCOVERY (fictitiously named), Defendants. TO: Clerk of the Superior Court BERGEN COUNTY SUPERIOR COURT 10 Main Street Hackensack, New Jersey 07601 ON NOTICE TO: Jennifer Bruder, Esq. HAWORTH BARBER & GERSTMAN, LLC 505 Main Street, Suite 212 Hackensack, New Jersey 07601 Attorney for Defendant(s), Uber Technologies, Inc. and Raiser, LLC (also improperly pled as “Rasier CA LLC”) SIR/MADAM: PLEASE TAKE NOTICE that on Friday, November 17, 2023 at 9:00 in the forenoon or as soon thereafter as counsel may be heard, the undersigned attorneys for Plaintiff, Milagros Kroll, shall apply before the above-named Court at the Bergen County Courthouse, Hackensack, New Jersey, for an Order striking the Answer and Affirmative Defenses of the Defendants, Uber Technologies, Inc. and Raiser, LLC, for failure to provide discovery. BER-L-001135-22 BER-L-001135-22 11/29/2023 11/01/20236:46:40 4:32:23PM PM Pg Pg32of of13 5 Trans TransID: ID:LCV20233272478 LCV20233496686 PLEASE TAKE FURTHER NOTICE that Plaintiff shall rely upon the annexed Certification of Counsel in support of said Motion. PLEASE TAKE FURTHER NOTICE that pursuant to R. 1:6-2, the undersigned waives oral argument and consents to disposition on the papers, unless the matter is opposed. A proposed form of Order is hereto annexed. PLEASE TAKE FURTHER NOTICE that, in accordance with the provisions of Rule 1:6-3, opposing affidavits or opposition papers shall be filed with the Clerk of the County and served upon the moving party no later than eight (8) days prior to the return date of this motion BRANDON J. BRODERICK, LLC Attorney(s) for Plaintiff By: Paul F. Romano, Esq./s/ PAUL F. ROMANO, ESQ. Dated: November 1, 2023 DISCOVERY END DATE: November 21, 2023 ARBITRATION DATE: November 30, 2023 TRIAL DATE: None BER-L-001135-22 BER-L-001135-22 11/29/2023 11/01/20236:46:40 4:32:23PM PM Pg Pg43of of13 5 Trans TransID: ID:LCV20233272478 LCV20233496686 CERTIFICATION OF SERVICE I, Paul F. Romano, Esq., of full age, being duly sworn, according to law and upon my oath, depose and say: 1. I am an Associate with the law office of Brandon J. Broderick, Esq., LLC, located at 65 State Route 4 East, First Floor, River Edge, New Jersey 07661. 2. On November 1, 2023, I e-filed and sent via NJLS a courtesy copy of the within pleading to: Civil Motions Clerk BERGEN COUNTY SUPERIOR COURT 10 Main Street Hackensack, New Jersey 07601 3. On November 1, 2023, I e-filed a copy of the within pleading to: Jennifer Bruder, Esq. HAWORTH BARBER & GERSTMAN, LLC 505 Main Street, Suite 212 Hackensack, New Jersey 07601 Attorney for Defendant(s), Uber Technologies, Inc. and Raiser, LLC (also improperly pled as “Rasier CA LLC”) I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. Paul F. Romano, Esq./s/ PAUL F. ROMANO, ESQ. Dated: November 1, 2023 BER-L-001135-22 BER-L-001135-22 11/29/2023 11/01/20236:46:40 4:32:23PM PM Pg Pg54of of13 5 Trans TransID: ID:LCV20233272478 LCV20233496686 Paul F. Romano, Esq. Attorney ID: 043421998 BRANDON J. BRODERICK, LLC 65 State Route 4 East, First Floor River Edge, New Jersey 07661 Attorney for Plaintiff, Milagros Kroll (201) 853-1505 SUPERIOR COURT OF NEW JERSEY MILAGROS KROLL, LAW DIVISION: BERGEN COUNTY Plaintiff(s), DOCKET NO.: BER-L-1135-22 vs. Civil Action WARREN WHITEHORN, COSME L/N/U, CERTIFICATION OF COUNSEL UBER TECHNOLOGIES, INC., RAISER LLC, RASIER CA LLC, JOHN DOE 1-10 (fictitiously named), ABC Co. 1-10 (fictitiously named), Defendants. I, Paul F. Romano, Esq., hereby certify as follows: 1. I am an attorney at law in the State of New Jersey, and an associate with the law firm of Brandon J. Broderick, LLC. As such, I am entrusted with the handling of the within matter and have personal knowledge of all of the facts contained herein. 2. This Certification is being made in support of Plaintiff’s, Milagros Kroll, (sometimes hereinafter referred to as the “Plaintiff”) Motion to strike the Answer and Affirmative Defenses of the Defendants, Uber Technologies, Inc. and Raiser, LLC, for failure to provide discovery. 2. On February 25, 2022, the Plaintiff commenced the instant action in the Superior Court of New Jersey, Law Division, Bergen County, against the defendants for bodily injury due to a motor vehicle accident which occurred on July 29, 2020. BER-L-001135-22 BER-L-001135-22 11/29/2023 11/01/20236:46:40 4:32:23PM PM Pg Pg65of of13 5 Trans TransID: ID:LCV20233272478 LCV20233496686 3. On August 29, 2022, the Defendants, Uber Technologies, Inc. and Raiser, LLC (also improperly pled as “Rasier CA LLC”), filed their Answer. 4. As a result of the accident, the Plaintiff was caused to sustain severe and permanent personal injuries, which continue to adversely affect her to this day. 5. Discovery demands were served upon the Defendants within the body of the Plaintiff’s Complaint on March 1, 2022. 6. Thereafter, on August 16, 2023, correspondence was forwarded to Defendants requesting their responses to Form C Interrogatories, Form C(1) Interrogatories and Notice to Produce within ten (10) days. See, a true and accurate copy of Plaintiff’s 08/13/23 correspondence, attached hereto as Exhibit A. 7. To date, Plaintiff have not received Defendants’ discovery responses. 8. The Plaintiff is not delinquent in providing any discovery responses in this matter. 9. As such, Plaintiff seeks to strike Defendants’, Uber Technologies, Inc. and Raiser, LLC, Answer and Affirmative Defenses for their failure to provide discovery. 10. There is an arbitration scheduled in this matter on November 30, 2023. 11. There is no pre-trial conference or trial date set in this matter. I hereby certify that the foregoing statements made by me are true to the best of my knowledge. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. BRANDON J. BRODERICK, LLC Attorney(s) for Plaintiff By: Paul F. Romano, Esq./s/ PAUL F. ROMANO, ESQ. Dated: November 1, 2023 BER-L-001135-22 11/29/2023 6:46:40 PM Pg 7 of 13 Trans ID: LCV20233496686 BER-L-001135-22 BER-L-001135-22 11/29/2023 11/01/20236:46:40 4:32:23PM PM Pg Pg81of of13 2 Trans TransID: ID:LCV20233272478 LCV20233496686 Paul F. Romano, Esq. Attorney ID: 043421998 BRANDON J. BRODERICK, LLC 65 State Route 4 East, First Floor River Edge, New Jersey 07661 Attorney for Plaintiff, Milagros Kroll (201) 853-1505 SUPERIOR COURT OF NEW JERSEY MILAGROS KROLL, LAW DIVISION: BERGEN COUNTY Plaintiff(s), DOCKET NO.: BER-L-1135-22 vs. Civil Action WARREN WHITEHORN, COSME L/N/U, ORDER UBER TECHNOLOGIES, INC., RAISER LLC, RASIER CA LLC, JOHN DOE 1-10 (fictitiously named), ABC Co. 1-10 (fictitiously named), Defendants. This matter having come before the Court upon the application of the Law Firm of Brandon J. Broderick, LLC, attorneys for Plaintiff, Milagros Kroll, for an Order striking the Answer and Affirmative Defenses of the Defendants, Uber Technologies, Inc. and Raiser, LLC, for failing to provide discovery, and the Court having read the moving papers, and any papers filed in opposition thereto, and for good cause shown; IT IS on this day of , 2023; ORDERED that the Answer and Affirmative Defenses of the Defendants, Uber Technologies, Inc. and Raiser, LLC, be and are hereby stricken for failure to provide discovery; and it is further ORDERED that a copy of this Order shall be deemed served on all attorneys of record via e-filing on the date set forth herein. Pursuant to Rule 1:5-1(a), movant shall serve a copy of BER-L-001135-22 BER-L-001135-22 11/29/2023 11/01/20236:46:40 4:32:23PM PM Pg Pg92of of13 2 Trans TransID: ID:LCV20233272478 LCV20233496686 this Order on all parties not served electronically, nor served personally in court this date, within seven (7) days of the date of this Order. _____________________________ J.S.C. _______ OPPOSED _______ UNOPPOSED BER-L-001135-22 BER-L-001135-22 11/29/2023 11/01/20236:46:40 4:32:23PM PM Pg Pg10 1 of 13 3 Trans TransID: ID:LCV20233272478 LCV20233496686 EXHIBIT A BER-L-001135-22 BER-L-001135-22 11/29/2023 11/01/20236:46:40 4:32:23PM PM Pg Pg11 2 of 13 3 Trans TransID: ID:LCV20233272478 LCV20233496686 BRANDON J. BRODERICK ATTORNEY AT LAW A Limited Liability Company Brandon J. Broderick+^ Tiffany Glenn Burress+^ Ryan R. Broderick+° 65 State Route 4 East Bruce S. Cantin^ Matthew H. Broderick+ River Edge, NJ 07661 Christopher A. Bradley+◊ Kevin E. Kruse, MBA+^ Richard C. Embden+ Marc S. Borden+^ T: (201) 853-1505 David E. Rehe+^ Eric J. Plantier+^ F: (201) 489-0878 John (Jake) Van Dyken+^ Greg Shaffer+^* Brian R. Lehrer+ Bianca N. Pagani+^ Kristy L. Krasowski+◊ Raymond S. Carroll+^ *Certified by the Supreme Court of New Jersey William W. Wallis+^ Anthony J. Vindigni+^◊ as a Civil Trial Attorney Justin M. Day+ Brian W. Banasiak+ Christopher T. Karounos+* Paul F. Romano+ + NJ Bar ^ NY Bar Susan M. Madar+ Paul A. Krauss+ ° CT Bar ◊ PA Bar Melissa A. Perrotta Marinelli^ Dhruv K. Patel+ ∞ MA Bar Lisa A. Lehrer+◊* Kenneth W. Thayer+ Martha J. Vasquez+^ Charles H. Lynch+ Sami Zeka ◊ Jason A. Richman^ Michael K. Fortunato+ Stephen A. Mennella+ Thomas O’Connor+^ Matthew V. Futerfas+◊ William C. Firth^ ∞ August 16, 2023 Via Electronic Mail Only Jennifer Bruder, Esq. HAWORTH BARBER & GERSTMAN, LLC 505 Main Street, Suite 212 Hackensack, New Jersey 07601 Re: KROLL vs. UBER TECHNOLOGIES, et al. Docket No.: BER-L-1135-22 Dear Ms. Bruder: A review of our file indicates that we have not yet received your clients’, Uber Technologies, Inc. and Rasier, LLC, responses to Form C and C(1) Interrogatories and Notice to Produce. Please provide the responses to the above within the next ten (10) days of the date of this letter to avoid the necessity of motion practice. Please be guided accordingly. Very truly yours, BRANDON J. BRODERICK, LLC Paul F. Romano, Esq. PAUL F. ROMANO, ESQ. PFR/slb River Edge, NJ ▪ Ewing, NJ ▪ Toms River, NJ ▪ Edison, NJ ▪ Newark, NJ New York, NY ▪ Rochester, NY ▪ Huntington, NY ▪ Bridgeport, CT www.brandonjbroderick.com BER-L-001135-22 BER-L-001135-22 11/29/2023 11/01/20236:46:40 4:32:23PM PM Pg Pg12 3 of 13 3 Trans TransID: ID:LCV20233272478 LCV20233496686 Sara Barreto From: Sara Barreto Sent: Wednesday, August 16, 2023 4:26 PM To: JENNIFER.BRUDER@HBANDGLAW.COM; RACHEL.GAMBLE@HBANDGLAW.COM; NJBOUNCES@HBANDGLAW.COM Cc: Paul Romano; Janice Silva Subject: MILAGROS KROLL vs. UBER TECHNOLOGIES, et al. - Defendants' Overdue Discovery Attachments: 08-16-23 Letter to Counsel re overdue discovery.pdf Good Afternoon, Hope all is well. Attached please find correspondence regarding Defendants’ overdue discovery responses. Thank you. Sara Barreto | Litigation Paralegal to Paul F. Romano, Esq. | Brandon J. Broderick, Attorney at Law | 65 State Route 4 East, River Edge, NJ 07661 | Office: 201.853.1505 | Direct Line: 201.882.7875 | Direct E-Fax: 201.380.2615 | sbarreto@brandonjbroderick.com CONFIDENTIALITY STATEMENT The foregoing transmission contains information from the law firm of Brandon J. Broderick, Attorney At Law which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named in this transmission. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of the information contained herein is strictly prohibited and may subject the user to liability. If you have received this transmission in error, please notify us by telephone immediately. 1 BER-L-001135-22 11/29/2023 6:46:40 PM Pg 13 of 13 Trans ID: LCV20233496686 BER-L-001135-22 11/29/2023 6:46:40 PM Pg 1 of 18 Trans ID: LCV20233496686 EXHIBIT C BER-L-001135-22 11/29/2023 6:46:40 PM Pg 2 of 18 Trans ID: LCV20233496686 HAWORTH BARBER & GERSTMAN, LLC Jennifer Bruder, Attorney ID: 031022010 505 Main Street, Suite 212 Hackensack, New Jersey 07601 Telephone: (201) 831-1400 Facsimile: (201) 831-1401 Attorneys for Defendants, Uber Technologies, Inc. and Rasier, LLC (improperly pled as “Rasier CA LLC”) MILAGROS KROLL : SUPERIOR COURT OF NEW JERSEY : BERGEN COUNTY Plaintiff, : : LAW DIVISION v. : : Docket No. BER-L-1135-22 WARREN WHITEHORN, COSME : L/N/U, UBER TECHNOLOGIES, INC., : RASIER LLC, RAISER CA LLC, JOHN : ANSWERS AND RESPONSES TO FORM C DOE 1-10 (fictitiously named) and ABC : AND C(1) INTERROGATORIES ON BEHALF CO. 1-10 (fictitiously named), : OF DEFENDANTS UBER TECHNOLOGIES, : INC. AND RASIER, LLC Defendants. : To: Paul F. Romano, Esq. Brandon J. Broderick, LLC 65 East State Route 4 River Edge, New Jersey 07661 Defendants, Uber Technologies, Inc., and Rasier, LLC, (“Answering Defendant’s”), by and through its attorneys Haworth Barber & Gerstman, hereby objects and responds to Form C and C(1) Interrogatories, as follows: Answering Defendant reserves all objections to the admissibility of any information or documents supplied herein until the trial of this matter. The fact that Answering Defendant supplied the information herein, and the fact that Answering Defendant identified, referred to or provided any document herein, does not constitute any admission by Answering Defendant that such information or document is relevant, material, admissible in evidence or reasonably calculated to lead to the discovery of admissible evidence in this litigation. By responding to these Interrogatories, Answering Defendant does not acknowledge or concede the truth or accuracy of any characterization, allegation or statement made in the Interrogatories. Answering Defendant reserves the right to object to further inquiry with respect to the subject matter of any Interrogatory or document or the use of any information or documents contained herein for any purpose. BER-L-001135-22 11/29/2023 6:46:40 PM Pg 3 of 18 Trans ID: LCV20233496686 GENERAL OBJECTIONS 1. Answering Defendant objects to the Interrogatories to the extent that they seek information that is protected from discovery by the attorney-client privilege, the work product doctrine or any other privilege or immunity. 2. Answering Defendant objects to the Interrogatories because they are overly broad, unduly burdensome and seek to impose upon Defendant an unreasonable burden of inquiry. 3. Answering Defendant objects to the Interrogatories because they are unduly vague, ambiguous, and not susceptible to a reasoned interpretation. 4. Answering Defendant objects to the Interrogatories to the extent they fail to specify a relevant time period and/or information relating to a period unreasonably in advance or subsequent to this incident. 5. Answering Defendant objects to the Interrogatories to the extent that they seek confidential and/or proprietary business information. 6. Answering Defendant objects to the Interrogatories to the extent that they seek the production of documents that are neither relevant to, nor reasonably calculated to lead to the discovery of admissible evidence in this action. In responding to the Interrogatories, Answering Defendant does not concede the relevancy, materiality or admissibility of any of the information or documents sought therein. These responses are made subject to, and without waiving, any objections as to relevancy, materiality, or admissibility. 7. Answering Defendant objects to the Interrogatories to the extent that they seek the production of documents that are not in the possession, custody or control of Answering Defendant. 8. Answering Defendant objects to the Interrogatories because they are redundant and not reasonably particular. 9. Nothing contained in any response herein shall be deemed to be an admission, concession or waiver by Answering Defendant to the validity of any claim asserted by Plaintiff against Answering Defendant. 10. To the extent that any Interrogatory inquires about “all,” “each” or “every,” the Interrogatory is objected to as being overly broad and unduly burdensome. It is impossible to represent, even after a reasonably diligent search, that “all,” “each” or “every” document or thing falling within a description can be or has been located. Documents may be kept in a myriad of locations and files. Many people may have handled them, they may have been moved frequently, may have been arranged, rearranged or reordered. Documents may have been lost or may have been part of materials disposed of in accordance with the record retention policy. Therefore, Answering Defendant cannot warrant or represent that it has produced “all,” “each” or “every” document or thing of a type requested; only that it has produced that which it could locate after a BER-L-001135-22 11/29/2023 6:46:40 PM Pg 4 of 18 Trans ID: LCV20233496686 reasonably diligent search. Any further requirement of it is objected to as being unduly burdensome. 11. Full and complete answers cannot be given at this time because discovery has not been completed on many of the subjects of inquiry. Although Answering Defendant has attempted to provide full and complete answers, this was not always possible due to the overly broad questions and expansive nature of some of the requests. Answering Defendant hereby reserves its right to supplement these responses as its investigation into these matters continues. 12. This General Response and these Objections are specifically incorporated into each of the individual responses that follow. When a response is provided by Answering Defendant after objection(s), this is in no manner meant and should not be construed as a waiver of the objection(s). Subject to and without waiving any of the foregoing objections, Answering Defendant responds as follows: BER-L-001135-22 11/29/2023 6:46:40 PM Pg 5 of 18 Trans ID: LCV20233496686 FORM C 1. State: (a) the full name and residence address of each defendant; (b) if a corporation, the exact corporate name; and (c) if a partnership, the exact partnership name and the full name and residence of each partner. ANSWER: Uber Technologies, Inc. 1515 3rd Street San Francisco, California 94158 Rasier, LLC 1515 3rd Street San Francisco, California 94158 2. Describe in detail your version of the accident or occurrence setting forth the date, location, time and weather. ANSWER: Answering Defendant objects to the terminology “your version” as it is overbroad, unduly burdensome, and vague, rendering this Interrogatory vague, ambiguous, and unintelligible. Answering Defendant objects to this Interrogatory to the extent it implies facts not in evidence, including but not limited to any claim that it owned, leased, maintained, operated, or in any way controlled any vehicles involved in the subject incident. Therefore, Answering Defendant does not have a version of the accident. Answering Defendant further objects to the extent this Interrogatory assumes facts not in evidence, including but not limited to the existence of an employment or agency relationship between Answering Defendant and Cosme Imbert Nadal an assumption which Answering Defendant expressly denies. Cosme Imbert Nadal was an independent transportation provider at the time of the subject incident and at all times relevant to this litigation. Answering Defendant expressly denies that it is in any way liable with respect to the alleged motor vehicle accident and denies that it shares in any responsibility for any injuries or damages that Plaintiff alleges as a result. Subject to and without waiver of these objections, none, as Answering Defendant is a corporate entity that was not involved in the subject incident and was not present immediately prior to, at the time of, or immediately following the subject incident. 3. If you intend to set up or plead or have set up or pleaded negligence or any other separate defense as to the plaintiff or if you have or intend to set up a counterclaim or third-party action, (a) state the facts upon which you intend to predicate such defenses, counterclaim or third- party action; and (b) identify a copy of every document relating to such facts. ANSWER: Answering Defendant objects to this Interrogatory because it is overly broad, vague, ambiguous and calls for an improper legal conclusion. Further objecting, this Interrogatory is premature as discovery is ongoing. BER-L-001135-22 11/29/2023 6:46:40 PM Pg 6 of 18 Trans ID: LCV20233496686 Subject to and without waiving these objections, Answering Defendant refers to its pleadings and affirmative defenses in this matter. Upon advice of counsel, Answering Defendant will rely upon any and all facts and documentation regarding the separate defenses and negligence of the Plaintiff, or cross, counter, or third-party claims against any other person or party that have been developed in discovery and/or will be developed during the course of the continuing investigation and discovery, as well as the direct and cross-examination of the witnesses at the time of trial. Answering Defendant reserves the right to amend and/or supplement this response. 4. State the names and addresses of all persons who have knowledge or any relevant facts to the case. ANSWER: Answering Defendant objects to this Interrogatory because it is overly broad, vague, ambiguous, unduly burdensome, and not calculated to lead to the discovery of admissible evidence. Answering Defendant objects to this Interrogatory as it is a corporate entity that was not involved in the subject incident and was not present immediately prior to, at the time of, or immediately following the subject incident. Answering Defendant further objects to the extent this Interrogatory seeks confidential and proprietary business information, and information subject to privacy rights. Subject to and without waiving these objections, and upon information and belief, Answering Defendant identifies all parties to this lawsuit and their representatives; all persons named in the police report, if any; all persons named in these answers and other answers to Interrogatories; all persons named in all other discovery; any and all eyewitnesses; any and all investigating police officers; any and all examining medical personnel; the custodians of any and all relevant medical records; the custodians of any and all relevant records; and any other witnesses or persons with relevant knowledge which continuing discovery, investigation, examination and cross-examination may reveal. Answering Defendant reserves the right to amend and/or supplement this response. 5. State (a) the name and address of any person who has made a statement regarding this lawsuit; (b) whether the statement was oral or in writing; (c) the date the statement was made; (d) the name and address of the person to whom the statement was made; (e) the name and address of each person present when the statement was made; and (f) the name and address of each person who has knowledge of the statement. Unless subject to a claim of privilege, which must be specified: (g) attach a copy of the statement, if it is in writing; (h) if the statement was oral, state whether a recording was made and, if so, set forth the nature of the recording and the name and address of the person who has custody of it; and (i) if the statement was oral and no recording was made, provide a detailed summary of its contents. ANSWER: Answering Defendant objects to this Interrogatory because it is overly broad, vague, ambiguous, unduly burdensome, and not calculated to lead to the discovery of admissible evidence. Answering Defendant further objects to this Interrogatory to the extent it seeks information that is confidential, proprietary, subject to privacy rights, and protected by the BER-L-001135-22 11/29/2023 6:46:40 PM Pg 7 of 18 Trans ID: LCV20233496686 attorney-client privilege, self-critical analysis privilege, work product, and/or the insurer/insured privilege. Subject to and without waiving these objections, see the police report, if any, to the extent it contains statements. Presumably the plaintiff also made statements to plaintiff’s medical providers that will be reflected in medical records received from the plaintiff or via subpoena with notice to all parties. Answering Defendant is also in possession of what may be construed as statements in communications with Cosme Imbert Nadal, communications with Milagros Kroll, which are attached. Answering Defendant reserves the right to amend and/or supplement this response. 6. If you claim that the plaintiff made any statements or admissions as to the subject matter of this lawsuit, state: (a) the date made; (b) the name of the person by whom made; (c) the name and address of the person to whom made; (d) where made; (e) the name and address of each person present at the time the admission was made; (f) the contents of the admission; and (g) if in writing, attach a copy.