Preview
BER-L-001207-22 12/16/2022 3:08:18 PM Pg 1 of 2 Trans ID: LCV20224231487
CLEARY GIACOBBE ALFIERI JACOBS, LLC
Anthony Provenzano, Esq. (Attorney ID No.: 278642018)
955 State Route 34, Suite 200
Matawan, New Jersey 07747
Tel.: (732) 583-7474
Fax: (732) 566-7687
Email: aprovenzano@cgajlaw.com
Attorneys for Defendant, Christopher Puma
LILLIAN THOMAS, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff,
DOCKET NO.: BER-L-1207-22
v. CIVIL ACTION
ARNWAL CORP., d/b/a ROTO ROOTER; DEFENDANT’S NOTICE OF MOTION
JACK BRANIFORTE; CHRISTOPHER TO QUASH AND AWARDING
PUMA; ABC CORPS. 1-5 (fictitious names ATTORNEYS’ FEES AND COSTS
describing presently unidentified business
entities); JOHN DOES 1-5 (fictitious names
describing presently unidentified individuals),
Defendants.
TO: Peter D. Valenzano, Esq.
McOmber McOmber & Luber, P.C.
54 Shrewsbury Avenue
Red Bank, New Jersey 07701
Attorneys for Plaintiff
Michael DiFazio II, Esq.
DeCotiis, Fitzpatrick, Cole & Giblin, LLP
61 S. Paramus Road, Suite 250
Paramus, NJ 07652
Attorneys for Co-Defendants
PLEASE TAKE NOTICE that the undersigned counsel for the defendant, Christopher
Puma (hereinafter “Defendant”), will apply to the above-referenced Court located at 10 Main
Street, Hackensack, New Jersey on January 6, 2023 at 9:00 a.m., or as soon thereafter as counsel
may be heard, for an order quashing five (5) subpoenas duces tecum directed to any person,
company, or organization which employed Defendant prior to his employment with the co-
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defendant, Arnwal Corp. d/b/a Roto Rooter (hereinafter “Roto Rooter”), barring the plaintiff,
Lillian Thomas (hereinafter “Plaintiff”) from serving subpoenas duces tecum upon any person,
company, or organization which employed Defendant prior to his employment with Roto Rooter,
pursuant to Rule 1:9-2 and Rule 4:10-3, and awarding Defendant attorneys’ fees and costs in
connection with this filing.
PLEASE TAKE FURTHER NOTICE that Defendant will rely upon the Certification
and Brief of Anthony Provenzano, Esq., filed herewith.
PLEASE TAKE FURTHER NOTICE that Defendant hereby waives oral argument
with regard to this application and consents to the disposition upon the papers submitted unless
opposition is filed by Plaintiff.
PLEASE TAKE FURTHER NOTICE that a proposed order is attached.
CLEARY GIACOBBE ALFIERI JACOBS, LLC
Attorneys for Defendant, Christopher Puma
Date: December 16, 2022 By: /s/ Anthony Provenzano
ANTHONY PROVENZANO
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LILLIAN THOMAS, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff,
DOCKET NO.: BER-L-1207-22
v. CIVIL ACTION
ARNWAL CORP., d/b/a ROTO ROOTER; ORDER QUASHING PLAINTIFF’S FIVE
JACK BRANIFORTE; CHRISTOPHER (5) SUBPOENAS DUCES TECUM DATED
PUMA; ABC CORPS. 1-5 (fictitious names DECEMBER 14, 2022, BARRING
describing presently unidentified business PLAINTIFF FROM SERVING
entities); JOHN DOES 1-5 (fictitious names SUBPOENAS DUCES TECUM UPON
describing presently unidentified individuals), DEFENDANT’S PRIOR EMPLOYERS,
AND AWARDING DEFENDANT
Defendants. ATTORNEYS’ FEES AND COSTS
THIS MATTER having been brought before the Court on motion of Cleary Giacobbe
Alfieri Jacobs, LLC, attorneys for the defendant, Christopher Puma (hereinafter “Defendant”),
for an order quashing five (5) subpoenas duces tecum (the “Subpoenas”) directed to Defendant’s
prior employers, pursuant to Rule 1:9-2 and Rule 4:10-3, and for a protective order barring
Plaintiff from serving subpoenas duces tecum upon any person, company, or organization which
employed Defendant prior to his employment with the co-defendant, Arnwal Corp. d/b/a Roto
Rooter (hereinafter “Roto Rooter”), pursuant to Rule 4:10-3, and the Court having considered the
papers submitted herewith, and for good cause shown;
IT IS on this day of , 2023;
ORDERED that the aforementioned Subpoenas be quashed, pursuant to Rule 1:9-2 and
Rule 4:10-3;
ORDERED that Plaintiff is barred from serving subpoenas duces tecum upon any
person, company, or organization which employed Defendant prior to his employment with Roto
Rooter, pursuant to Rule 4:10-3; and
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ORDERED that Plaintiff shall pay Defendant’s attorneys’ fees and costs in connection
with this filing; and
ORDERED that service of this Order shall be deemed effectuated upon all parties upon
its upload to e-Courts. Pursuant to R. 1:5-1(a), movant shall serve a copy of this Order on all
parties not served electronically within seven (7) days of this Order.
So Ordered. , J.S.C.
Opposed
Unopposed
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CLEARY GIACOBBE ALFIERI JACOBS, LLC
Anthony Provenzano, Esq. (Attorney ID No.: 278642018)
955 State Route 34, Suite 200
Matawan, New Jersey 07747
Tel.: (732) 583-7474
Fax: (732) 566-7687
Email: aprovenzano@cgajlaw.com
Attorneys for Defendant, Christopher Puma
LILLIAN THOMAS, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BERGEN COUNTY
Plaintiff,
DOCKET NO.: BER-L-1207-22
v. CIVIL ACTION
ARNWAL CORP., d/b/a ROTO ROOTER; CERTIFICATION OF ANTHONY
JACK BRANIFORTE; CHRISTOPHER PROVENZANO, ESQ. IN SUPPORT OF
PUMA; ABC CORPS. 1-5 (fictitious names DEFENDANT’S MOTION TO QUASH
describing presently unidentified business AND GRANTING DEFENDANT LEAVE
entities); JOHN DOES 1-5 (fictitious names TO FILE A MOTION FOR SANCTIONS,
describing presently unidentified individuals), ATTORNEYS’ FEES, AND COSTS
Defendants.
Anthony Provenzano, Esq. hereby certifies and states as follows:
1. I am licensed attorney-at-law in the State of New Jersey and an associate with the law
firm of Cleary Giacobbe Alfieri Jacobs, LLC, counsel for the defendant, Christopher Puma
(“Defendant”) in the above-referenced matter. As such, I am fully familiar with the facts stated
herein.
2. Pursuant to R. 1:9-2 and R. 4:10-3, I make this certification in support of Defendant’s
motion to quash the plaintiff, Lillian Thomas’ (“Plaintiff”) five (5) subpoenas duces tecum (the
“Subpoenas”) dated December 14, 2022, bar Plaintiff from serving subpoenas duces tecum upon
any person, company, or organization which employed Defendant prior to his employment with
the co-defendant, Arnwal Corp., d/b/a Roto Rooter (“Roto Rooter”), and grant Defendant leave
to file a motion awarding attorneys’ fees and costs in connection with filing this motion.
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3. On March 2, 2022, Plaintiff filed the Complaint in this action, alleging violations under
the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et seq. (the “LAD”). Specifically,
Plaintiff alleges that Defendant discriminated against Plaintiff on the basis of her gender and
race. Plaintiff also alleges that Defendant subjected her to sexual harassment within the
workplace. Plaintiff further alleges that Defendant retaliated against her. See Trans. ID:
LCV2022866928.
4. On December 14, 2022, Defendant was deposed. During direct examination, Plaintiff’s
counsel posed questions regarding Defendant’s employment history. In response, Defendant
identified the names of entities that he was employed by or volunteered for prior to his
employment with Roto Rooter.
5. A few hours after Defendant’s deposition concluded, Plaintiff served the Subpoenas. A
true and accurate copy of the Subpoenas, together with their corresponding cover letters, have
been attached as Exhibit A.
6. Among other documentation and information requested within the Subpoenas, Plaintiff
requested documents relating and/or referring to: (1) Defendant’s hiring; (2) disciplinary action
received by Defendant during his employment; (3) counseling and/or discussions with Defendant
regarding his conduct and/or demeanor within the workplace; (4) complaints by any employee
regarding Defendant and/or his behavior in the workplace; (5) any investigation conducted into
Defendant and/or allegations against him; and (6) cessation of Defendant’s employment. Id.
7. In an attempt to amicably resolve this discovery issue without Court intervention,
Defendant respectfully requested that Plaintiff withdraw the Subpoenas on the grounds that the
documentation and information sought within same were beyond the scope of permissible
discovery and intended to annoy, harass, oppress, and unduly burden our client. However,
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Plaintiff refused. A true and accurate copy of the e-mail communications between counsel
concerning this issue has been attached as Exhibit B.
8. On March 11, 2020, in an action captioned Cavise v. Union County College, et al.,
Docket No. UNN-L-2245-19, Plaintiff’s counsel filed a brief and certification in support of his
former client’s successful motion to quash a subpoena duces tecum, served by her former
employer to her new employer, seeking documentation and information similar to what Plaintiff
has requested within the Subpoenas. A true and accurate copy of such brief has been attached as
Exhibit C. A true and accurate copy of such certification has been attached as Exhibit D.
9. Within such certification, Plaintiff’s counsel cited an unpublished opinion, Perry v. Best
Lock Corp., 1999 U.S. Dist. LEXIS 23601 (S.D. Ind. Jan. 21, 1999), wherein the United States
District Court for the Southern District of Indiana quashed subpoenas issued by an employer in
an employment discrimination case because the record was bereft of any actual showing that the
subpoenas were targeted to obtain relevant evidence. See Exhibit D.
10. Plaintiff’s counsel also cited the unpublished opinion of Woods v. Fresenius Medical
Care Group of North America, 2008 U.S. Dist. LEXIS 3756 (S.D. Ind. Jan. 16, 2008), wherein
the United States District Court for the Southern District of Indiana granted the plaintiff’s motion
to quash the defendant employer’s subpoena seeking records from the plaintiff’s prior employer
in a race discrimination case. Id.
11. Of particular importance to this matter, Plaintiff’s counsel certified the Woods court held
that, in bringing a discrimination claim, “the Plaintiff has not placed her entire employment
history at issue, but rather only her employment with the Defendant.” Woods, 2008 U.S. Dist.
LEXIS 3756 at *4. Id.
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12. Notwithstanding Plaintiff’s counsel’s position in Cavise, which supports Defendant’s
position in this case, Plaintiff has refused to withdraw the Subpoenas. As a result, Defendant has
been prejudiced insofar as he has had to incur attorneys’ fees and costs to file this motion to
quash frivolous Subpoenas for documentation and information that Plaintiff’s counsel knows is
not discoverable. Accordingly, Defendant respectfully requests that this Court award Defendant
attorneys’ fees and costs in connection with filing this motion.
13. Pursuant to R. 1:36-3, a true and accurate copy of the unpublished opinion, Hashem v.
Hunterdon Cnty., No. CV158585FLWDEA, 2017 WL 2215122, at *1 (D.N.J. May 18, 2017) has
been attached as Exhibit E.
14. Pursuant to R. 1:36-3, a true and accurate copy of the unpublished opinion, Henry v.
Morgan’s Hotel Grp., Inc., No. 15-CV-1789 (ER)(JLC), 2016 WL 303114, at *1 (S.D.N.Y. Jan.
25, 2016) has been attached as Exhibit F.
15. I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment
CLEARY GIACOBBE ALFIERI JACOBS, LLC
Attorneys for Defendant, Christopher Puma
Date: December 16, 2022 By: /s/ Anthony Provenzano
ANTHONY PROVENZANO
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EXHIBIT
EXHIBIT A
BER-L-001207-22 12/16/2022 3:08:18 PM Pg 6 of 132 Trans ID: LCV20224231487
December 14, 2022
VIA DGR LEGAL
Auto-Chlor System
ATTN: Custodian of Records
685 Gotham Parkway
Carlstadt, NJ 07072
RE: Lillian Thomas v. Arnwal Corp. d/b/a Roto Rooter, et al.
Docket No.: BER-L-1207-22
Our File No.: 13518
To Whom It May Concern:
This firm represents Plaintiff, Lillian Thomas, in connection with the above-referenced matter.
Enclosed, please find a Subpoena Duces Tecum, which compels you to produce documents on
Wednesday, January 04, 2023, at 10:00 AM.
Please be advised that failure to comply according to the command of this Subpoena may
subject you to a penalty, damages in a civil suit, and punishment for contempt of Court.
The subpoenaed evidence shall not be produced or released until the date specified in the
subpoena. 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 in this action.
Should you have any questions, please do not hesitate to contact me. Thank you for your time and
anticipated cooperation in this matter.
Very truly yours,
/s/ Peter D. Valenzano
Peter D. Valenzano, Esq.
PDV:sv
Enclosure
cc: Michael D. DiFazio II, Esq. (with enclosure; via email only)
Deena Rosendahl, Esq. (with enclosure; via email only)
Anthony Provenzano, Esq. (with enclosure; via email only)
Mitchell Jacobs, Esq. (with enclosure; via email only)
BER-L-001207-22 12/16/2022 3:08:18 PM Pg 7 of 132 Trans ID: LCV20224231487
Christian V. McOmber, Esq. – NJ ID #012292010
cvm@njlegal.com
Peter D. Valenzano, Esq. – NJ ID #037892010
pdv@njlegal.com
Lauren M. Hill, Esq. – NJ ID # 304102019
lmh@njlegal.com
McOMBER McOMBER & LUBER, P.C.
54 Shrewsbury Avenue
Red Bank, New Jersey 07701
(732) 842-6500 Phone
(732) 530-8545 Fax
Attorneys for Plaintiff, Lillian Thomas
LILLIAN THOMAS, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, BERGEN COUNTY
v. DOCKET NO.: BER-L-1207-22
ARNWAL CORP. d/b/a ROTO ROOTER; Civil Action
JACK BRANIFORTE; CHRISTOPHER
PUMA; ABC CORPORATIONS 1-5 SUBPOENA DUCES TECUM
(fictitious names describing presently
unidentified business entities); and JOHN
DOES 1-5 (fictitious names describing
presently unidentified individuals),
Defendants.
TO: Auto-Chlor System
685 Gotham Parkway
Carlstadt, NJ 07072
YOU ARE HEREBY COMMANDED to attend and give testimony at the law offices of
McOmber McOmber & Luber, P.C., 54 Shrewsbury Avenue, Red Bank, New Jersey 07701, or at
any other location agreed upon, on Wednesday, January 04, 2023, at 10:00 AM, and/or on such
adjourned dates and times thereafter as counsel may agree, as a non-party witness, in the above-
entitled action, and that you have and bring with you and produce at the same time and place the
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documents listed on the attached Schedule A. Any organization not a party to this suit that is
subpoenaed for the taking of a deposition shall designate one or more officers, directors, or
managing agents, or other persons who consent to testify on its behalf, and may set forth, for each
person designated, the matters on which the person will testify.
The subpoenaed evidence shall not be produced or released until the date specified
for the taking of the deposition. 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 in this action.
In lieu of appearing according to the command of this Subpoena, you may provide true and
complete copies of the requested documents at the above-named place and time. You will be
reimbursed for reasonable copying costs.
Failure to appear or comply with the command of this Subpoena will subject you to the
penalties provided by law.
McOMBER McOMBER & LUBER, P.C.
Attorneys for Plaintiff, Lillian Thomas
By: /s/ Peter D. Valenzano /s/ Michelle M. Smith
PETER D. VALENZANO, ESQ. MICHELLE M. SMITH
Clerk of the Superior Court
Dated: December 14, 2022
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DEFINITIONS AND INSTRUCTIONS
A. As used herein, “You” and “Your” shall mean Auto-Chlor System, as well as its
employees, attorneys, accountants, agents, servants, representatives and any other person(s) acting
at its request, direction, or on its behalf.
B. As used herein, “Plaintiff” shall mean Lillian Thomas.
C. As used herein, “Defendant Roto Rooter” shall mean Arnwal Corp. , defendant in
this Action.
D. As used herein, “Defendant Puma” shall mean Christopher Puma, defendant in this
Action.
E. The terms “and” and “or” should be read conjunctively or disjunctively to bring
within the scope of this Subpoena any documents which might otherwise be outside its scope.
F. The terms “document(s)” is to be used in its broadest sense and includes all tangible
things from which information can be obtained, perceived, reproduced, or communicated either
directly or with the aid of a machine or device including, but not limited to, the original and all
copies, together with all drafts, preliminary versions, alterations, modifications, revisions, changes
and amendments, of the following items, whether printed or recorded or reproduced by hand or
electronic media: agreements, reports, communications, emails, correspondence, telegrams,
memoranda, summaries or records of telephone conversations, summaries or records of personal
conversations or interviews, diaries, reports, notebooks, summaries or records of meetings or
conferences, drafts, letters, notices, manuals, appraisals, invoices, transcripts, analyses, reviews,
opinions, studies, investigations, questionnaires, worksheets, photographs, charts, sketches, and
other written or recorded matter of any kind or nature, however produced or reproduced, and
whether preserved in writing, film, type, tape, computer or videotape.
G. The terms “communicate” or “communication” include every manner or means of
disclosure, transfer, or exchange, and every disclosure, transfer, or exchange, whether face-to-face,
by telephone, mail, email, personal delivery, or otherwise.
H. The term “person” shall mean any individual including one who is serving in a
representative capacity, and any organization of any kind, including partnerships, firms,
corporations, associations, limited liability companies, joint ventures, and governmental or
political entities.
I. The terms “referring or relating to” means consisting of, constituting, containing,
discussing, describing, concerning, reflecting, referring to, or being legally, logically, or factually
connected in any way with the manner discussed or called for by the request.
J. The term “concern” or “concerning” shall mean and include pertaining to, referring
to, relating to, alluding to, connected with, commenting on, regarding, comprising, discussing,
showing, describing, mentioning, memorializing, reflecting, analyzing, constituting, and
evidencing.
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K. This Subpoena shall be deemed continuing so as to require prompt further
production of documents and attendance as additional information or documents responsive to the
subpoena is obtained between the time you respond to this subpoena and the time of trial.
L. The documents produced by you shall be organized by you, labeled, and produced
in conformity with the categories of documents requested.
M. To the extent that any document requested herein existed at one time, but you
contend that it is no longer in your possession, custody or control, identify all such documents,
identify the date such document ceased to be within your possession, custody or control and the
circumstances under which document came to be outside your possession, custody, or control.
N. The term “Action” means the lawsuit referenced in the caption of this subpoena.
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SCHEDULE A
DOCUMENTS TO BE PRODUCED
1. Any and all documents relating and/or referring to Defendant Christopher Puma’s
hiring at Auto-Chlor System.
2. Any and all documents relating and/or referring to any disciplinary action
Defendant Christopher Puma received during his employment with Auto-Chlor System.
3. Any and all documents relating and/or referring to any counseling and/or
discussions with Defendant Christopher Puma regarding his conduct and/or demeanor within the
workplace while working for Auto-Chlor System.
4. Any and all documents relating and/or referring to any complaints by any employee
of Auto-Chlor System regarding Defendant Christopher Puma and/or his behavior in the
workplace.
5. Any and all documents relating and/or referring to any investigation Auto-Chlor
System conducted into Defendant Christopher Puma and/or any allegations against him.
6. Any and all documents relating and/or referring to the cessation of Defendant
Christopher Puma’s employment with Auto-Chlor System, including, but not limited to, any
documents referencing the reason for the cessation of any such employment.
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DECLARATION CERTIFYING THE AUTHENTICITY OF RECORDS
I, , declare:
(print first and last name)
I am the Custodian of Records for:
I am responsible for the records requested by Plaintiff in this case and am a duly authorized and
qualified witness to certify the authenticity of any such records.
(check appropriate box)
To the best of my knowledge:
a. I have produced all records in my custody and control that are responsive to
Plaintiff’s request.
b. These records were made at or near the time of the occurrence of the matters set
forth by, or from information transmitted by, a person with knowledge of those
matters.
c. These records were kept in the regular course of the regularly conducted activity.
d. These records were made by the regularly conducted activity as a regular practice.
e. These records are the originals or exact duplicates of the records maintained by this
office.
OR
I have made a diligent effort to obtain records within my custody and control that are
responsive to Plaintiff’s request but have been unable to locate any such records and
therefore am not producing any such records.
I declare that under penalty of perjury that the foregoing is true and correct.
Executed on:
Signature (Custodian of Records)
Title:
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PROOF OF SERVICE
On ______________________, I, the undersigned, being over the age of 18, caused a copy
of the foregoing Subpoena Duces Tecum to be served by hand delivering a copy to the party listed
below:
Auto-Chlor System
685 Gotham Parkway
Carlstadt, NJ 07072
Via DGR Legal
and by handing him/her the fee of $2.00 for one day’s attendance, and if applicable, a mileage fee
as allowed by law.
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
McOMBER McOMBER & LUBER, P.C.
Attorneys for Plaintiff, Lillian Thomas
By: /s/ Peter D. Valenzano
PETER D. VALENZANO, ESQ.
Dated: December 14, 2022
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LIST OF COUNSEL OF RECORD
Peter D. Valenzano, Esq.
McOmber McOmber & Luber, P.C.
54 Shrewsbury Avenue
Red Bank, NJ 07701
Phone: 732-842-6500
Attorneys for Plaintiff, Lillian Thomas
Michael D. DiFazio II, Esq.
Deena Rosendahl, Esq.
DeCotiis, FitzPatrick, Cole & Giblin LLP
61 South Paramus Road, Suite 250
Paramus, NJ 07652
Attorneys for Defendants, Arnwal Corp. d/b/a
Roto Rooter and Jack Branciforte
Anthony Provenzano, Esq.
Mitchell Jacobs, Esq.
Cleary Giacobbe Alfieri Jacobs, LLC
955 State Route 34, Suite 200
Matawan, NJ 07747
Attorneys for Defendant Christopher Puma
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December 14, 2022
VIA DGR LEGAL
Empire Ambulance
ATTN: Custodian of Records
183 Grant Street
Paterson, NJ 07501
RE: Lillian Thomas v. Arnwal Corp. d/b/a Roto Rooter, et al.
Docket No.: BER-L-1207-22
Our File No.: 13518
To Whom It May Concern:
This firm represents Plaintiff, Lillian Thomas, in connection with the above-referenced matter.
Enclosed, please find a Subpoena Duces Tecum, which compels you to produce documents on
Wednesday, January 04, 2023, at 10:00 AM.
Please be advised that failure to comply according to the command of this Subpoena may
subject you to a penalty, damages in a civil suit, and punishment for contempt of Court.
The subpoenaed evidence shall not be produced or released until the date specified in the
subpoena. 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 in this action.
Should you have any questions, please do not hesitate to contact me. Thank you for your time and
anticipated cooperation in this matter.
Very truly yours,
/s/ Peter D. Valenzano
Peter D. Valenzano, Esq.
PDV:sv
Enclosure
cc: Michael D. DiFazio II, Esq. (with enclosure; via email only)
Deena Rosendahl, Esq. (with enclosure; via email only)
Anthony Provenzano, Esq. (with enclosure; via email only)
Mitchell Jacobs, Esq. (with enclosure; via email only)
BER-L-001207-22 12/16/2022 3:08:18 PM Pg 16 of 132 Trans ID: LCV20224231487
Christian V. McOmber, Esq. – NJ ID #012292010
cvm@njlegal.com
Peter D. Valenzano, Esq. – NJ ID #037892010
pdv@njlegal.com
Lauren M. Hill, Esq. – NJ ID # 304102019
lmh@njlegal.com
McOMBER McOMBER & LUBER, P.C.
54 Shrewsbury Avenue
Red Bank, New Jersey 07701
(732) 842-6500 Phone
(732) 530-8545 Fax
Attorneys for Plaintiff, Lillian Thomas
LILLIAN THOMAS, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, BERGEN COUNTY
v. DOCKET NO.: BER-L-1207-22
ARNWAL CORP. d/b/a ROTO ROOTER; Civil Action
JACK BRANIFORTE; CHRISTOPHER
PUMA; ABC CORPORATIONS 1-5 SUBPOENA DUCES TECUM
(fictitious names describing presently
unidentified business entities); and JOHN
DOES 1-5 (fictitious names describing
presently unidentified individuals),
Defendants.
TO: Empire Ambulance
183 Grant Street
Paterson, NJ 07501
YOU ARE HEREBY COMMANDED to attend and give testimony at the law offices of
McOmber McOmber & Luber, P.C., 54 Shrewsbury Avenue, Red Bank, New Jersey 07701, or at
any other location agreed upon, on Wednesday, January 04, 2023, at 10:00 AM, and/or on such
adjourned dates and times thereafter as counsel may agree, as a non-party witness, in the above-
entitled action, and that you have and bring with you and produce at the same time and place the
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documents listed on the attached Schedule A. Any organization not a party to this suit that is
subpoenaed for the taking of a deposition shall designate one or more officers, directors, or
managing agents, or other persons who consent to testify on its behalf, and may set forth, for each
person designated, the matters on which the person will testify.
The subpoenaed evidence shall not be produced or released until the date specified
for the taking of the deposition. 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 in this action.
In lieu of appearing according to the command of this Subpoena, you may provide true and
complete copies of the requested documents at the above-named place and time. You will be
reimbursed for reasonable copying costs.
Failure to appear or comply with the command of this Subpoena will subject you to the
penalties provided by law.
McOMBER McOMBER & LUBER, P.C.
Attorneys for Plaintiff, Lillian Thomas
By: /s/ Peter D. Valenzano /s/ Michelle M. Smith
PETER D. VALENZANO, ESQ. MICHELLE M. SMITH
Clerk of the Superior Court
Dated: December 14, 2022
2
BER-L-001207-22 12/16/2022 3:08:18 PM Pg 18 of 132 Trans ID: LCV20224231487
DEFINITIONS AND INSTRUCTIONS
A. As used herein, “You” and “Your” shall mean Empire Ambulance, as well as its
employees, attorneys, accountants, agents, servants, representatives, and any other person(s) acting
at its request, direction, or on its behalf.
B. As used herein, “Plaintiff” shall mean Lillian Thomas.
C. As used herein, “Defendant Roto Rooter” shall mean Arnwal Corp., defendant in
this Action.
D. As used herein, “Defendant Puma” shall mean Christopher Puma, defendant in this
Action.
E. The terms “and” and “or” should be read conjunctively or disjunctively to bring
within the scope of this Subpoena any documents which might otherwise be outside its scope.
F. The terms “document(s)” is to be used in its broadest sense and includes all tangible
things from which information can be obtained, perceived, reproduced, or communicated either
directly or with the aid of a machine or device including, but not limited to, the original and all
copies, together with all drafts, preliminary versions, alterations, modifications, revisions, changes
and amendments, of the following items, whether printed or recorded or reproduced by hand or
electronic media: agreements, reports, communications, emails, correspondence, telegrams,
memoranda, summaries, or records of telephone conversations, summaries, or records of personal
conversations or interviews, diaries, reports, notebooks, summaries, or records of meetings or
conferences, drafts, letters, notices, manuals, appraisals, invoices, transcripts, analyses, reviews,
opinions, studies, investigations, questionnaires, worksheets, photographs, charts, sketches, and
other written or recorded matter of any kind or nature, however produced or reproduced, and
whether preserved in writing, film, type, tape, computer or videotape.
G. The terms “communicate” or “communication” include every manner or means of
disclosure, transfer, or exchange, and every disclosure, transfer, or exchange, whether face-to-face,
by telephone, mail, email, personal delivery, or otherwise.
H. The term “person” shall mean any individual, including one who is serving in a
representative capacity, and any organization of any kind, including partnerships, firms,
corporations, associations, limited liability companies, joint ventures and governmental or political
entities.
I. The terms “referring or relating to” means consisting of, constituting, containing,
discussing, describing, concerning, reflecting, referring to, or being legally, logically, or factually
connected in any way with the manner discussed or called for by the request.
J. The term “concern” or “concerning” shall mean and include pertaining to, referring
to, relating to, alluding to, connected with, commenting on, regarding, comprising, discussing,
showing, describing, mentioning, memorializing, reflecting, analyzing, constituting, and
evidencing.
3
BER-L-001207-22 12/16/2022 3:08:18 PM Pg 19 of 132 Trans ID: LCV20224231487
K. This Subpoena shall be deemed continuing so as to require prompt further
production of documents and attendance as additional information or documents responsive to the
subpoena is obtained between the time you respond to this subpoena and the time of trial.
L. The documents produced by you shall be organized by you, labeled, and produced
in conformity with the categories of documents requested.
M. To the extent that any document requested herein existed at one time, but you
contend that it is no longer in your possession, custody or control, identify all such documents,
identify the date such document ceased to be within your possession, custody or control and the
circumstances under which document came to be outside your possession, custody, or control.
N. The term “Action” means the lawsuit referenced in the caption of this subpoena.
4
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SCHEDULE A
DOCUMENTS TO BE PRODUCED
1. Any and all documents relating and/or referring to Defendant Christopher Puma’s
hiring at Empire Ambulance.
2. Any and all documents relating and/or referring to any disciplinary action
Defendant Christopher Puma received during his employment with Empire Ambulance.
3. Any and all documents relating and/or referring to any counseling and/or
discussions with Defendant Christopher Puma regarding his conduct and/or demeanor within the
workplace while working for Empire Ambulance.
4. Any and all documents relating and/or referring to any complaints by any employee
of Empire Ambulance regarding Defendant Christopher Puma and/or his behavior in the
workplace.
5. Any and all documents relating and/or referring to any investigation Empire
Ambulance conducted into Defendant Christopher Puma and/or any allegations against him.
6. Any and all documents relating and/or referring to the cessation of Defendant
Christopher Puma’s employment with Empire Ambulance, including, but not limited to, any
documents referencing the reason for the cessation of any such employment.
5
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DECLARATION CERTIFYING THE AUTHENTICITY OF RECORDS
I, , declare:
(print first and last name)
I am the Custodian of Records for:
I am responsible for the records requested by Plaintiff in this case and am a duly authorized and
qualified witness to certify the authenticity of any such records.
(check appropriate box)
To the best of my knowledge:
a. I have produced all records in my custody and control that are responsive to
Plaintiff’s request.
b. These records were made at or near the time of the occurrence of the matters set
forth by, or from information transmitted by, a person with knowledge of those
matters.
c. These records were kept in the regular course of the regularly conducted activity.
d. These records were made by the regularly conducted activity as a regular practice.
e. These records are the originals or exact duplicates of the records maintained by this
office.
OR
I have made a diligent effort to obtain records within my custody and control that are
responsive to Plaintiff’s request but have been unable to locate any such records and
therefore am not producing any such records.
I declare that under penalty of perjury that the foregoing is true and correct.
Executed on:
Signature (Custodian of Records)
Title:
6
BER-L-001207-22 12/16/2022 3:08:18 PM Pg 22 of 132 Trans ID: LCV20224231487
PROOF OF SERVICE
On ______________________, I, the undersigned, being over the age of 18, caused a copy
of the foregoing Subpoena Duces Tecum to be served by hand delivering a copy to the party listed
below:
Empire Ambulance
183 Grant Street
Paterson, NJ 07501
Via DGR Legal
and by handing him/her the fee of $2.00 for one day’s attendance, and if applicable, a mileage fee
as allowed by law.
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
McOMBER McOMBER & LUBER, P.C.
Attorneys for Plaintiff, Lillian Thomas
By: /s/ Peter D. Valenzano
PETER D. VALENZANO, ESQ.
Dated: December 14, 2022
7
BER-L-001207-22 12/16/2022 3:08:18 PM Pg 23 of 132 Trans ID: LCV20224231487
LIST OF COUNSEL OF RECORD
Peter D. Valenzano, Esq.
McOmber McOmber & Luber, P.C.
54 Shrewsbury Avenue
Red Bank, NJ 07701
Phone: 732-842-6500
Attorneys for Plaintiff, Lillian Thomas
Michael D. DiFazio II, Esq.
Deena Rosendahl, Esq.
DeCotiis, FitzPatrick, Cole & Giblin LLP
61 South Paramus Road, Suite 250
Paramus, NJ 07652
Attorneys for Defendants, Arnwal Corp. d/b/a
Roto Rooter and Jack Branciforte
Anthony Provenzano, Esq.
Mitchell Jacobs, Esq.
Cleary Giacobbe Alfieri Jacobs, LLC
955 State Route 34, Suite 200
Matawan, NJ 07747
Attorneys for Defendant Christopher Puma
8
BER-L-001207-22 12/16/2022 3:08:18 PM Pg 24 of 132 Trans ID: LCV20224231487
December 14, 2022
VIA DGR LEGAL
Fresenius Kidney Care Maplewood
ATTN: Custodian of Records
2130 Millburn Avenue, Suite B1
Maplewood, NJ 07040
RE: Lillian Thomas v. Arnwal Corp. d/b/a Roto Rooter, et al.
Docket No.: BER-L-1207-22
Our File No.: 13518
To Whom It May Concern:
This firm represents Plaintiff, Lillian Thomas, in connection with the above-referenced matter.
Enclosed, please find a Subpoena Duces Tecum, which compels you to produce documents on
Wednesday, January 04, 2023, at 10:00 AM.
Please be advised that failure to comply according to the command of this Subpoena may
subject you to a penalty, damages in a civil suit, and punishment for contempt of Court.
The subpoenaed evidence shall not be produced or released until the date specified in the
subpoena. 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 in this action.
Should you have any questions, please do not hesitate to contact me. Thank you for your time and
anticipated cooperation in this matter.
Very truly yours,
/s/ Peter D. Valenzano
Peter D. Valenzano, Esq.
PDV:sv
Enclosure
cc: Michael D. DiFazio II, Esq. (with enclosure; via email only)
Deena Rosendahl, Esq. (with enclosure; via email only)
Anthony Provenzano, Esq. (with enclosure; via email only)
Mitchell Jacobs, Esq. (with enclosure; via email only)
BER-L-001207-22 12/16/2022 3:08:18 PM Pg 25 of 132 Trans ID: LCV20224231487
Christian V. McOmber, Esq. – NJ ID #012292010
cvm@njlegal.com
Peter D. Valenzano, Esq. – NJ ID #037892010
pdv@njlegal.com
Lauren M. Hill, Esq. – NJ ID # 304102019
lmh@njlegal.com
McOMBER McOMBER & LUBER, P.C.
54 Shrewsbury Avenue
Red Bank, New Jersey 07701
(732) 842-6500 Phone
(732) 530-8545 Fax
Attorneys for Plaintiff, Lillian Thomas
LILLIAN THOMAS, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, BERGEN COUNTY
v. DOCKET NO.: BER-L-1207-22
ARNWAL CORP. d/b/a ROTO Civil Action
ROOTER; JACK BRANIFORTE;
CHRISTOPHER PUMA; ABC SUBPOENA DUCES TECUM
CORPORATIONS 1-5 (fictitious names
describing presently unidentified business
entities); and JOHN DOES 1-5 (fictitious
names describing presently unidentified
individuals),
Defendants.
TO: Fresenius Kidney Care Maplewood
2130 Millburn Avenue
Suite B1
Maplewood, NJ 07040
YOU ARE HEREBY COMMANDED to attend and give testimony at the law offices of
McOmber McOmber & Luber, P.C., 54 Shrewsbury Avenue, Red Bank, New Jersey 07701, or at
any other location agreed upon, on Wednesday, January 04, 2023, at 10:00 AM, and/or on such
adjourned dates and times thereafter as counsel may agree, as a non-party witness, in the above-
BER-L-001207-22 12/16/2022 3:08:18 PM Pg 26 of 132 Trans ID: LCV20224231487
entitled action, and that you have and bring with you and produce at the same time and place the
documents listed on the attached Schedule A. Any organization not a party to this suit that is
subpoenaed for the taking of a deposition shall designate one or more officers, directors, or
managing agents, or other persons who consent to testify on its behalf, and may set forth, for each
person designated, the matters on which the person will testify.
The subpoenaed evidence shall not be produced or released until the date specified
for the taking of the deposition. 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 in this action.
In lieu of appearing according to the command of this Subpoena, you may provide true and
complete copies of the requested documents at the above-named place and time. You will be
reimbursed for reasonable copying costs.
Failure to appear or comply with the command of this Subpoena will subject you to the
penalties provided by law.
McOMBER McOMBER & LUBER, P.C.
Attorneys for Plaintiff, Lillian Thomas
By: /s/ Peter D. Valenzano /s/ Michelle M. Smith
PETER D. VALENZANO, ESQ. MICHELLE M. SMITH
Clerk of the Superior Court
Dated: December 14, 2022
2
BER-L-001207-22 12/16/2022 3:08:18 PM Pg 27 of 132 Trans ID: LCV20224231487
DEFINITIONS AND INSTRUCTIONS
A. As used herein, “You” and “Your” shall mean Fresenius Kidney Care Maplewood,
as well as its employees, attorneys, accountants, agents, servants, representatives and any other
person(s) acting at its request, direction, or on its behalf.
B. As used herein, “Plaintiff” shall mean Lillian Thomas.
C. As used herein, “Defendant Roto Rooter” shall mean Arnwal Corp., defendant in
this Action.
D. As used herein, “Defendant Puma” shall mean Christopher Puma, defendant in this
Action.
E. The terms “and” and “or” should be read conjunctively or disjunctively to bring
within the scope of this Subpoena any documents which might otherwise be outside its scope.
F. The terms “document(s)” is to be used in its broadest sense and includes all tangible
things from which information can be obtained, perceived, reproduced, or communicated either
directly or with the aid of a machine or device including, but not limited to, the original and all
copies, together with all drafts, preliminary versions, alterations, modifications, revisions,
changes, and amendments, of the following items, whether printed or recorded or reproduced by
hand or electronic media: agreements, reports, communications, emails, correspondence,
telegrams, memoranda, summaries or records of telephone conversations, summaries or records of
personal conversations or interviews, diaries, reports, notebooks, summaries or records of
meetings or conferences, drafts, letters, notices, manuals, appraisals, invoices, transcripts,
analyses, reviews, opinions, studies, investigations, questionnaires, worksheets, photographs,
charts, sketches, and other written or recorded matter of any kind or nature, however produced or
reproduced, and whether preserved in writing, film, type, tape, computer or videotape.
G. The terms “communicate” or “communication” include every manner or means of
disclosure, transfer, or exchange, and every disclosure, transfer, or exchange, whether face-to-face,
by telephone, mail, email, personal delivery, or otherwise.
H. The term “person” shall mean any individual, including one who is serving in a
representative capacity, and any organization of any kind, including partnerships, firms,
corporations, associations, limited liability companies, joint ventures, and governmental or
political entities.
I. The terms “referring or relating to
Preview
BER-L-001207-22 12/16/2022 3:08:18 PM Pg 1 of 2 Trans ID: LCV20224231487 CLEARY GIACOBBE ALFIERI JACOBS, LLC Anthony Provenzano, Esq. (Attorney ID No.: 278642018) 955 State Route 34, Suite 200 Matawan, New Jersey 07747 Tel.: (732) 583-7474 Fax: (732) 566-7687 Email: aprovenzano@cgajlaw.com Attorneys for Defendant, Christopher Puma LILLIAN THOMAS, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff, DOCKET NO.: BER-L-1207-22 v. CIVIL ACTION ARNWAL CORP., d/b/a ROTO ROOTER; DEFENDANT’S NOTICE OF MOTION JACK BRANIFORTE; CHRISTOPHER TO QUASH AND AWARDING PUMA; ABC CORPS. 1-5 (fictitious names ATTORNEYS’ FEES AND COSTS describing presently unidentified business entities); JOHN DOES 1-5 (fictitious names describing presently unidentified individuals), Defendants. TO: Peter D. Valenzano, Esq. McOmber McOmber & Luber, P.C. 54 Shrewsbury Avenue Red Bank, New Jersey 07701 Attorneys for Plaintiff Michael DiFazio II, Esq. DeCotiis, Fitzpatrick, Cole & Giblin, LLP 61 S. Paramus Road, Suite 250 Paramus, NJ 07652 Attorneys for Co-Defendants PLEASE TAKE NOTICE that the undersigned counsel for the defendant, Christopher Puma (hereinafter “Defendant”), will apply to the above-referenced Court located at 10 Main Street, Hackensack, New Jersey on January 6, 2023 at 9:00 a.m., or as soon thereafter as counsel may be heard, for an order quashing five (5) subpoenas duces tecum directed to any person, company, or organization which employed Defendant prior to his employment with the co- BER-L-001207-22 12/16/2022 3:08:18 PM Pg 2 of 2 Trans ID: LCV20224231487 defendant, Arnwal Corp. d/b/a Roto Rooter (hereinafter “Roto Rooter”), barring the plaintiff, Lillian Thomas (hereinafter “Plaintiff”) from serving subpoenas duces tecum upon any person, company, or organization which employed Defendant prior to his employment with Roto Rooter, pursuant to Rule 1:9-2 and Rule 4:10-3, and awarding Defendant attorneys’ fees and costs in connection with this filing. PLEASE TAKE FURTHER NOTICE that Defendant will rely upon the Certification and Brief of Anthony Provenzano, Esq., filed herewith. PLEASE TAKE FURTHER NOTICE that Defendant hereby waives oral argument with regard to this application and consents to the disposition upon the papers submitted unless opposition is filed by Plaintiff. PLEASE TAKE FURTHER NOTICE that a proposed order is attached. CLEARY GIACOBBE ALFIERI JACOBS, LLC Attorneys for Defendant, Christopher Puma Date: December 16, 2022 By: /s/ Anthony Provenzano ANTHONY PROVENZANO 2 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 1 of 2 Trans ID: LCV20224231487 LILLIAN THOMAS, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff, DOCKET NO.: BER-L-1207-22 v. CIVIL ACTION ARNWAL CORP., d/b/a ROTO ROOTER; ORDER QUASHING PLAINTIFF’S FIVE JACK BRANIFORTE; CHRISTOPHER (5) SUBPOENAS DUCES TECUM DATED PUMA; ABC CORPS. 1-5 (fictitious names DECEMBER 14, 2022, BARRING describing presently unidentified business PLAINTIFF FROM SERVING entities); JOHN DOES 1-5 (fictitious names SUBPOENAS DUCES TECUM UPON describing presently unidentified individuals), DEFENDANT’S PRIOR EMPLOYERS, AND AWARDING DEFENDANT Defendants. ATTORNEYS’ FEES AND COSTS THIS MATTER having been brought before the Court on motion of Cleary Giacobbe Alfieri Jacobs, LLC, attorneys for the defendant, Christopher Puma (hereinafter “Defendant”), for an order quashing five (5) subpoenas duces tecum (the “Subpoenas”) directed to Defendant’s prior employers, pursuant to Rule 1:9-2 and Rule 4:10-3, and for a protective order barring Plaintiff from serving subpoenas duces tecum upon any person, company, or organization which employed Defendant prior to his employment with the co-defendant, Arnwal Corp. d/b/a Roto Rooter (hereinafter “Roto Rooter”), pursuant to Rule 4:10-3, and the Court having considered the papers submitted herewith, and for good cause shown; IT IS on this day of , 2023; ORDERED that the aforementioned Subpoenas be quashed, pursuant to Rule 1:9-2 and Rule 4:10-3; ORDERED that Plaintiff is barred from serving subpoenas duces tecum upon any person, company, or organization which employed Defendant prior to his employment with Roto Rooter, pursuant to Rule 4:10-3; and BER-L-001207-22 12/16/2022 3:08:18 PM Pg 2 of 2 Trans ID: LCV20224231487 ORDERED that Plaintiff shall pay Defendant’s attorneys’ fees and costs in connection with this filing; and ORDERED that service of this Order shall be deemed effectuated upon all parties upon its upload to e-Courts. Pursuant to R. 1:5-1(a), movant shall serve a copy of this Order on all parties not served electronically within seven (7) days of this Order. So Ordered. , J.S.C. Opposed Unopposed 2 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 1 of 132 Trans ID: LCV20224231487 CLEARY GIACOBBE ALFIERI JACOBS, LLC Anthony Provenzano, Esq. (Attorney ID No.: 278642018) 955 State Route 34, Suite 200 Matawan, New Jersey 07747 Tel.: (732) 583-7474 Fax: (732) 566-7687 Email: aprovenzano@cgajlaw.com Attorneys for Defendant, Christopher Puma LILLIAN THOMAS, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BERGEN COUNTY Plaintiff, DOCKET NO.: BER-L-1207-22 v. CIVIL ACTION ARNWAL CORP., d/b/a ROTO ROOTER; CERTIFICATION OF ANTHONY JACK BRANIFORTE; CHRISTOPHER PROVENZANO, ESQ. IN SUPPORT OF PUMA; ABC CORPS. 1-5 (fictitious names DEFENDANT’S MOTION TO QUASH describing presently unidentified business AND GRANTING DEFENDANT LEAVE entities); JOHN DOES 1-5 (fictitious names TO FILE A MOTION FOR SANCTIONS, describing presently unidentified individuals), ATTORNEYS’ FEES, AND COSTS Defendants. Anthony Provenzano, Esq. hereby certifies and states as follows: 1. I am licensed attorney-at-law in the State of New Jersey and an associate with the law firm of Cleary Giacobbe Alfieri Jacobs, LLC, counsel for the defendant, Christopher Puma (“Defendant”) in the above-referenced matter. As such, I am fully familiar with the facts stated herein. 2. Pursuant to R. 1:9-2 and R. 4:10-3, I make this certification in support of Defendant’s motion to quash the plaintiff, Lillian Thomas’ (“Plaintiff”) five (5) subpoenas duces tecum (the “Subpoenas”) dated December 14, 2022, bar Plaintiff from serving subpoenas duces tecum upon any person, company, or organization which employed Defendant prior to his employment with the co-defendant, Arnwal Corp., d/b/a Roto Rooter (“Roto Rooter”), and grant Defendant leave to file a motion awarding attorneys’ fees and costs in connection with filing this motion. BER-L-001207-22 12/16/2022 3:08:18 PM Pg 2 of 132 Trans ID: LCV20224231487 3. On March 2, 2022, Plaintiff filed the Complaint in this action, alleging violations under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et seq. (the “LAD”). Specifically, Plaintiff alleges that Defendant discriminated against Plaintiff on the basis of her gender and race. Plaintiff also alleges that Defendant subjected her to sexual harassment within the workplace. Plaintiff further alleges that Defendant retaliated against her. See Trans. ID: LCV2022866928. 4. On December 14, 2022, Defendant was deposed. During direct examination, Plaintiff’s counsel posed questions regarding Defendant’s employment history. In response, Defendant identified the names of entities that he was employed by or volunteered for prior to his employment with Roto Rooter. 5. A few hours after Defendant’s deposition concluded, Plaintiff served the Subpoenas. A true and accurate copy of the Subpoenas, together with their corresponding cover letters, have been attached as Exhibit A. 6. Among other documentation and information requested within the Subpoenas, Plaintiff requested documents relating and/or referring to: (1) Defendant’s hiring; (2) disciplinary action received by Defendant during his employment; (3) counseling and/or discussions with Defendant regarding his conduct and/or demeanor within the workplace; (4) complaints by any employee regarding Defendant and/or his behavior in the workplace; (5) any investigation conducted into Defendant and/or allegations against him; and (6) cessation of Defendant’s employment. Id. 7. In an attempt to amicably resolve this discovery issue without Court intervention, Defendant respectfully requested that Plaintiff withdraw the Subpoenas on the grounds that the documentation and information sought within same were beyond the scope of permissible discovery and intended to annoy, harass, oppress, and unduly burden our client. However, 2 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 3 of 132 Trans ID: LCV20224231487 Plaintiff refused. A true and accurate copy of the e-mail communications between counsel concerning this issue has been attached as Exhibit B. 8. On March 11, 2020, in an action captioned Cavise v. Union County College, et al., Docket No. UNN-L-2245-19, Plaintiff’s counsel filed a brief and certification in support of his former client’s successful motion to quash a subpoena duces tecum, served by her former employer to her new employer, seeking documentation and information similar to what Plaintiff has requested within the Subpoenas. A true and accurate copy of such brief has been attached as Exhibit C. A true and accurate copy of such certification has been attached as Exhibit D. 9. Within such certification, Plaintiff’s counsel cited an unpublished opinion, Perry v. Best Lock Corp., 1999 U.S. Dist. LEXIS 23601 (S.D. Ind. Jan. 21, 1999), wherein the United States District Court for the Southern District of Indiana quashed subpoenas issued by an employer in an employment discrimination case because the record was bereft of any actual showing that the subpoenas were targeted to obtain relevant evidence. See Exhibit D. 10. Plaintiff’s counsel also cited the unpublished opinion of Woods v. Fresenius Medical Care Group of North America, 2008 U.S. Dist. LEXIS 3756 (S.D. Ind. Jan. 16, 2008), wherein the United States District Court for the Southern District of Indiana granted the plaintiff’s motion to quash the defendant employer’s subpoena seeking records from the plaintiff’s prior employer in a race discrimination case. Id. 11. Of particular importance to this matter, Plaintiff’s counsel certified the Woods court held that, in bringing a discrimination claim, “the Plaintiff has not placed her entire employment history at issue, but rather only her employment with the Defendant.” Woods, 2008 U.S. Dist. LEXIS 3756 at *4. Id. 3 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 4 of 132 Trans ID: LCV20224231487 12. Notwithstanding Plaintiff’s counsel’s position in Cavise, which supports Defendant’s position in this case, Plaintiff has refused to withdraw the Subpoenas. As a result, Defendant has been prejudiced insofar as he has had to incur attorneys’ fees and costs to file this motion to quash frivolous Subpoenas for documentation and information that Plaintiff’s counsel knows is not discoverable. Accordingly, Defendant respectfully requests that this Court award Defendant attorneys’ fees and costs in connection with filing this motion. 13. Pursuant to R. 1:36-3, a true and accurate copy of the unpublished opinion, Hashem v. Hunterdon Cnty., No. CV158585FLWDEA, 2017 WL 2215122, at *1 (D.N.J. May 18, 2017) has been attached as Exhibit E. 14. Pursuant to R. 1:36-3, a true and accurate copy of the unpublished opinion, Henry v. Morgan’s Hotel Grp., Inc., No. 15-CV-1789 (ER)(JLC), 2016 WL 303114, at *1 (S.D.N.Y. Jan. 25, 2016) has been attached as Exhibit F. 15. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment CLEARY GIACOBBE ALFIERI JACOBS, LLC Attorneys for Defendant, Christopher Puma Date: December 16, 2022 By: /s/ Anthony Provenzano ANTHONY PROVENZANO 4 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 5 of 132 Trans ID: LCV20224231487 EXHIBIT EXHIBIT A BER-L-001207-22 12/16/2022 3:08:18 PM Pg 6 of 132 Trans ID: LCV20224231487 December 14, 2022 VIA DGR LEGAL Auto-Chlor System ATTN: Custodian of Records 685 Gotham Parkway Carlstadt, NJ 07072 RE: Lillian Thomas v. Arnwal Corp. d/b/a Roto Rooter, et al. Docket No.: BER-L-1207-22 Our File No.: 13518 To Whom It May Concern: This firm represents Plaintiff, Lillian Thomas, in connection with the above-referenced matter. Enclosed, please find a Subpoena Duces Tecum, which compels you to produce documents on Wednesday, January 04, 2023, at 10:00 AM. Please be advised that failure to comply according to the command of this Subpoena may subject you to a penalty, damages in a civil suit, and punishment for contempt of Court. The subpoenaed evidence shall not be produced or released until the date specified in the subpoena. 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 in this action. Should you have any questions, please do not hesitate to contact me. Thank you for your time and anticipated cooperation in this matter. Very truly yours, /s/ Peter D. Valenzano Peter D. Valenzano, Esq. PDV:sv Enclosure cc: Michael D. DiFazio II, Esq. (with enclosure; via email only) Deena Rosendahl, Esq. (with enclosure; via email only) Anthony Provenzano, Esq. (with enclosure; via email only) Mitchell Jacobs, Esq. (with enclosure; via email only) BER-L-001207-22 12/16/2022 3:08:18 PM Pg 7 of 132 Trans ID: LCV20224231487 Christian V. McOmber, Esq. – NJ ID #012292010 cvm@njlegal.com Peter D. Valenzano, Esq. – NJ ID #037892010 pdv@njlegal.com Lauren M. Hill, Esq. – NJ ID # 304102019 lmh@njlegal.com McOMBER McOMBER & LUBER, P.C. 54 Shrewsbury Avenue Red Bank, New Jersey 07701 (732) 842-6500 Phone (732) 530-8545 Fax Attorneys for Plaintiff, Lillian Thomas LILLIAN THOMAS, SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, BERGEN COUNTY v. DOCKET NO.: BER-L-1207-22 ARNWAL CORP. d/b/a ROTO ROOTER; Civil Action JACK BRANIFORTE; CHRISTOPHER PUMA; ABC CORPORATIONS 1-5 SUBPOENA DUCES TECUM (fictitious names describing presently unidentified business entities); and JOHN DOES 1-5 (fictitious names describing presently unidentified individuals), Defendants. TO: Auto-Chlor System 685 Gotham Parkway Carlstadt, NJ 07072 YOU ARE HEREBY COMMANDED to attend and give testimony at the law offices of McOmber McOmber & Luber, P.C., 54 Shrewsbury Avenue, Red Bank, New Jersey 07701, or at any other location agreed upon, on Wednesday, January 04, 2023, at 10:00 AM, and/or on such adjourned dates and times thereafter as counsel may agree, as a non-party witness, in the above- entitled action, and that you have and bring with you and produce at the same time and place the BER-L-001207-22 12/16/2022 3:08:18 PM Pg 8 of 132 Trans ID: LCV20224231487 documents listed on the attached Schedule A. Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. The subpoenaed evidence shall not be produced or released until the date specified for the taking of the deposition. 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 in this action. In lieu of appearing according to the command of this Subpoena, you may provide true and complete copies of the requested documents at the above-named place and time. You will be reimbursed for reasonable copying costs. Failure to appear or comply with the command of this Subpoena will subject you to the penalties provided by law. McOMBER McOMBER & LUBER, P.C. Attorneys for Plaintiff, Lillian Thomas By: /s/ Peter D. Valenzano /s/ Michelle M. Smith PETER D. VALENZANO, ESQ. MICHELLE M. SMITH Clerk of the Superior Court Dated: December 14, 2022 2 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 9 of 132 Trans ID: LCV20224231487 DEFINITIONS AND INSTRUCTIONS A. As used herein, “You” and “Your” shall mean Auto-Chlor System, as well as its employees, attorneys, accountants, agents, servants, representatives and any other person(s) acting at its request, direction, or on its behalf. B. As used herein, “Plaintiff” shall mean Lillian Thomas. C. As used herein, “Defendant Roto Rooter” shall mean Arnwal Corp. , defendant in this Action. D. As used herein, “Defendant Puma” shall mean Christopher Puma, defendant in this Action. E. The terms “and” and “or” should be read conjunctively or disjunctively to bring within the scope of this Subpoena any documents which might otherwise be outside its scope. F. The terms “document(s)” is to be used in its broadest sense and includes all tangible things from which information can be obtained, perceived, reproduced, or communicated either directly or with the aid of a machine or device including, but not limited to, the original and all copies, together with all drafts, preliminary versions, alterations, modifications, revisions, changes and amendments, of the following items, whether printed or recorded or reproduced by hand or electronic media: agreements, reports, communications, emails, correspondence, telegrams, memoranda, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, diaries, reports, notebooks, summaries or records of meetings or conferences, drafts, letters, notices, manuals, appraisals, invoices, transcripts, analyses, reviews, opinions, studies, investigations, questionnaires, worksheets, photographs, charts, sketches, and other written or recorded matter of any kind or nature, however produced or reproduced, and whether preserved in writing, film, type, tape, computer or videotape. G. The terms “communicate” or “communication” include every manner or means of disclosure, transfer, or exchange, and every disclosure, transfer, or exchange, whether face-to-face, by telephone, mail, email, personal delivery, or otherwise. H. The term “person” shall mean any individual including one who is serving in a representative capacity, and any organization of any kind, including partnerships, firms, corporations, associations, limited liability companies, joint ventures, and governmental or political entities. I. The terms “referring or relating to” means consisting of, constituting, containing, discussing, describing, concerning, reflecting, referring to, or being legally, logically, or factually connected in any way with the manner discussed or called for by the request. J. The term “concern” or “concerning” shall mean and include pertaining to, referring to, relating to, alluding to, connected with, commenting on, regarding, comprising, discussing, showing, describing, mentioning, memorializing, reflecting, analyzing, constituting, and evidencing. 3 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 10 of 132 Trans ID: LCV20224231487 K. This Subpoena shall be deemed continuing so as to require prompt further production of documents and attendance as additional information or documents responsive to the subpoena is obtained between the time you respond to this subpoena and the time of trial. L. The documents produced by you shall be organized by you, labeled, and produced in conformity with the categories of documents requested. M. To the extent that any document requested herein existed at one time, but you contend that it is no longer in your possession, custody or control, identify all such documents, identify the date such document ceased to be within your possession, custody or control and the circumstances under which document came to be outside your possession, custody, or control. N. The term “Action” means the lawsuit referenced in the caption of this subpoena. 4 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 11 of 132 Trans ID: LCV20224231487 SCHEDULE A DOCUMENTS TO BE PRODUCED 1. Any and all documents relating and/or referring to Defendant Christopher Puma’s hiring at Auto-Chlor System. 2. Any and all documents relating and/or referring to any disciplinary action Defendant Christopher Puma received during his employment with Auto-Chlor System. 3. Any and all documents relating and/or referring to any counseling and/or discussions with Defendant Christopher Puma regarding his conduct and/or demeanor within the workplace while working for Auto-Chlor System. 4. Any and all documents relating and/or referring to any complaints by any employee of Auto-Chlor System regarding Defendant Christopher Puma and/or his behavior in the workplace. 5. Any and all documents relating and/or referring to any investigation Auto-Chlor System conducted into Defendant Christopher Puma and/or any allegations against him. 6. Any and all documents relating and/or referring to the cessation of Defendant Christopher Puma’s employment with Auto-Chlor System, including, but not limited to, any documents referencing the reason for the cessation of any such employment. 5 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 12 of 132 Trans ID: LCV20224231487 DECLARATION CERTIFYING THE AUTHENTICITY OF RECORDS I, , declare: (print first and last name) I am the Custodian of Records for: I am responsible for the records requested by Plaintiff in this case and am a duly authorized and qualified witness to certify the authenticity of any such records. (check appropriate box) To the best of my knowledge: a. I have produced all records in my custody and control that are responsive to Plaintiff’s request. b. These records were made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters. c. These records were kept in the regular course of the regularly conducted activity. d. These records were made by the regularly conducted activity as a regular practice. e. These records are the originals or exact duplicates of the records maintained by this office. OR I have made a diligent effort to obtain records within my custody and control that are responsive to Plaintiff’s request but have been unable to locate any such records and therefore am not producing any such records. I declare that under penalty of perjury that the foregoing is true and correct. Executed on: Signature (Custodian of Records) Title: 6 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 13 of 132 Trans ID: LCV20224231487 PROOF OF SERVICE On ______________________, I, the undersigned, being over the age of 18, caused a copy of the foregoing Subpoena Duces Tecum to be served by hand delivering a copy to the party listed below: Auto-Chlor System 685 Gotham Parkway Carlstadt, NJ 07072 Via DGR Legal and by handing him/her the fee of $2.00 for one day’s attendance, and if applicable, a mileage fee as allowed by law. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. McOMBER McOMBER & LUBER, P.C. Attorneys for Plaintiff, Lillian Thomas By: /s/ Peter D. Valenzano PETER D. VALENZANO, ESQ. Dated: December 14, 2022 7 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 14 of 132 Trans ID: LCV20224231487 LIST OF COUNSEL OF RECORD Peter D. Valenzano, Esq. McOmber McOmber & Luber, P.C. 54 Shrewsbury Avenue Red Bank, NJ 07701 Phone: 732-842-6500 Attorneys for Plaintiff, Lillian Thomas Michael D. DiFazio II, Esq. Deena Rosendahl, Esq. DeCotiis, FitzPatrick, Cole & Giblin LLP 61 South Paramus Road, Suite 250 Paramus, NJ 07652 Attorneys for Defendants, Arnwal Corp. d/b/a Roto Rooter and Jack Branciforte Anthony Provenzano, Esq. Mitchell Jacobs, Esq. Cleary Giacobbe Alfieri Jacobs, LLC 955 State Route 34, Suite 200 Matawan, NJ 07747 Attorneys for Defendant Christopher Puma 8 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 15 of 132 Trans ID: LCV20224231487 December 14, 2022 VIA DGR LEGAL Empire Ambulance ATTN: Custodian of Records 183 Grant Street Paterson, NJ 07501 RE: Lillian Thomas v. Arnwal Corp. d/b/a Roto Rooter, et al. Docket No.: BER-L-1207-22 Our File No.: 13518 To Whom It May Concern: This firm represents Plaintiff, Lillian Thomas, in connection with the above-referenced matter. Enclosed, please find a Subpoena Duces Tecum, which compels you to produce documents on Wednesday, January 04, 2023, at 10:00 AM. Please be advised that failure to comply according to the command of this Subpoena may subject you to a penalty, damages in a civil suit, and punishment for contempt of Court. The subpoenaed evidence shall not be produced or released until the date specified in the subpoena. 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 in this action. Should you have any questions, please do not hesitate to contact me. Thank you for your time and anticipated cooperation in this matter. Very truly yours, /s/ Peter D. Valenzano Peter D. Valenzano, Esq. PDV:sv Enclosure cc: Michael D. DiFazio II, Esq. (with enclosure; via email only) Deena Rosendahl, Esq. (with enclosure; via email only) Anthony Provenzano, Esq. (with enclosure; via email only) Mitchell Jacobs, Esq. (with enclosure; via email only) BER-L-001207-22 12/16/2022 3:08:18 PM Pg 16 of 132 Trans ID: LCV20224231487 Christian V. McOmber, Esq. – NJ ID #012292010 cvm@njlegal.com Peter D. Valenzano, Esq. – NJ ID #037892010 pdv@njlegal.com Lauren M. Hill, Esq. – NJ ID # 304102019 lmh@njlegal.com McOMBER McOMBER & LUBER, P.C. 54 Shrewsbury Avenue Red Bank, New Jersey 07701 (732) 842-6500 Phone (732) 530-8545 Fax Attorneys for Plaintiff, Lillian Thomas LILLIAN THOMAS, SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, BERGEN COUNTY v. DOCKET NO.: BER-L-1207-22 ARNWAL CORP. d/b/a ROTO ROOTER; Civil Action JACK BRANIFORTE; CHRISTOPHER PUMA; ABC CORPORATIONS 1-5 SUBPOENA DUCES TECUM (fictitious names describing presently unidentified business entities); and JOHN DOES 1-5 (fictitious names describing presently unidentified individuals), Defendants. TO: Empire Ambulance 183 Grant Street Paterson, NJ 07501 YOU ARE HEREBY COMMANDED to attend and give testimony at the law offices of McOmber McOmber & Luber, P.C., 54 Shrewsbury Avenue, Red Bank, New Jersey 07701, or at any other location agreed upon, on Wednesday, January 04, 2023, at 10:00 AM, and/or on such adjourned dates and times thereafter as counsel may agree, as a non-party witness, in the above- entitled action, and that you have and bring with you and produce at the same time and place the BER-L-001207-22 12/16/2022 3:08:18 PM Pg 17 of 132 Trans ID: LCV20224231487 documents listed on the attached Schedule A. Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. The subpoenaed evidence shall not be produced or released until the date specified for the taking of the deposition. 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 in this action. In lieu of appearing according to the command of this Subpoena, you may provide true and complete copies of the requested documents at the above-named place and time. You will be reimbursed for reasonable copying costs. Failure to appear or comply with the command of this Subpoena will subject you to the penalties provided by law. McOMBER McOMBER & LUBER, P.C. Attorneys for Plaintiff, Lillian Thomas By: /s/ Peter D. Valenzano /s/ Michelle M. Smith PETER D. VALENZANO, ESQ. MICHELLE M. SMITH Clerk of the Superior Court Dated: December 14, 2022 2 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 18 of 132 Trans ID: LCV20224231487 DEFINITIONS AND INSTRUCTIONS A. As used herein, “You” and “Your” shall mean Empire Ambulance, as well as its employees, attorneys, accountants, agents, servants, representatives, and any other person(s) acting at its request, direction, or on its behalf. B. As used herein, “Plaintiff” shall mean Lillian Thomas. C. As used herein, “Defendant Roto Rooter” shall mean Arnwal Corp., defendant in this Action. D. As used herein, “Defendant Puma” shall mean Christopher Puma, defendant in this Action. E. The terms “and” and “or” should be read conjunctively or disjunctively to bring within the scope of this Subpoena any documents which might otherwise be outside its scope. F. The terms “document(s)” is to be used in its broadest sense and includes all tangible things from which information can be obtained, perceived, reproduced, or communicated either directly or with the aid of a machine or device including, but not limited to, the original and all copies, together with all drafts, preliminary versions, alterations, modifications, revisions, changes and amendments, of the following items, whether printed or recorded or reproduced by hand or electronic media: agreements, reports, communications, emails, correspondence, telegrams, memoranda, summaries, or records of telephone conversations, summaries, or records of personal conversations or interviews, diaries, reports, notebooks, summaries, or records of meetings or conferences, drafts, letters, notices, manuals, appraisals, invoices, transcripts, analyses, reviews, opinions, studies, investigations, questionnaires, worksheets, photographs, charts, sketches, and other written or recorded matter of any kind or nature, however produced or reproduced, and whether preserved in writing, film, type, tape, computer or videotape. G. The terms “communicate” or “communication” include every manner or means of disclosure, transfer, or exchange, and every disclosure, transfer, or exchange, whether face-to-face, by telephone, mail, email, personal delivery, or otherwise. H. The term “person” shall mean any individual, including one who is serving in a representative capacity, and any organization of any kind, including partnerships, firms, corporations, associations, limited liability companies, joint ventures and governmental or political entities. I. The terms “referring or relating to” means consisting of, constituting, containing, discussing, describing, concerning, reflecting, referring to, or being legally, logically, or factually connected in any way with the manner discussed or called for by the request. J. The term “concern” or “concerning” shall mean and include pertaining to, referring to, relating to, alluding to, connected with, commenting on, regarding, comprising, discussing, showing, describing, mentioning, memorializing, reflecting, analyzing, constituting, and evidencing. 3 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 19 of 132 Trans ID: LCV20224231487 K. This Subpoena shall be deemed continuing so as to require prompt further production of documents and attendance as additional information or documents responsive to the subpoena is obtained between the time you respond to this subpoena and the time of trial. L. The documents produced by you shall be organized by you, labeled, and produced in conformity with the categories of documents requested. M. To the extent that any document requested herein existed at one time, but you contend that it is no longer in your possession, custody or control, identify all such documents, identify the date such document ceased to be within your possession, custody or control and the circumstances under which document came to be outside your possession, custody, or control. N. The term “Action” means the lawsuit referenced in the caption of this subpoena. 4 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 20 of 132 Trans ID: LCV20224231487 SCHEDULE A DOCUMENTS TO BE PRODUCED 1. Any and all documents relating and/or referring to Defendant Christopher Puma’s hiring at Empire Ambulance. 2. Any and all documents relating and/or referring to any disciplinary action Defendant Christopher Puma received during his employment with Empire Ambulance. 3. Any and all documents relating and/or referring to any counseling and/or discussions with Defendant Christopher Puma regarding his conduct and/or demeanor within the workplace while working for Empire Ambulance. 4. Any and all documents relating and/or referring to any complaints by any employee of Empire Ambulance regarding Defendant Christopher Puma and/or his behavior in the workplace. 5. Any and all documents relating and/or referring to any investigation Empire Ambulance conducted into Defendant Christopher Puma and/or any allegations against him. 6. Any and all documents relating and/or referring to the cessation of Defendant Christopher Puma’s employment with Empire Ambulance, including, but not limited to, any documents referencing the reason for the cessation of any such employment. 5 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 21 of 132 Trans ID: LCV20224231487 DECLARATION CERTIFYING THE AUTHENTICITY OF RECORDS I, , declare: (print first and last name) I am the Custodian of Records for: I am responsible for the records requested by Plaintiff in this case and am a duly authorized and qualified witness to certify the authenticity of any such records. (check appropriate box) To the best of my knowledge: a. I have produced all records in my custody and control that are responsive to Plaintiff’s request. b. These records were made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters. c. These records were kept in the regular course of the regularly conducted activity. d. These records were made by the regularly conducted activity as a regular practice. e. These records are the originals or exact duplicates of the records maintained by this office. OR I have made a diligent effort to obtain records within my custody and control that are responsive to Plaintiff’s request but have been unable to locate any such records and therefore am not producing any such records. I declare that under penalty of perjury that the foregoing is true and correct. Executed on: Signature (Custodian of Records) Title: 6 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 22 of 132 Trans ID: LCV20224231487 PROOF OF SERVICE On ______________________, I, the undersigned, being over the age of 18, caused a copy of the foregoing Subpoena Duces Tecum to be served by hand delivering a copy to the party listed below: Empire Ambulance 183 Grant Street Paterson, NJ 07501 Via DGR Legal and by handing him/her the fee of $2.00 for one day’s attendance, and if applicable, a mileage fee as allowed by law. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. McOMBER McOMBER & LUBER, P.C. Attorneys for Plaintiff, Lillian Thomas By: /s/ Peter D. Valenzano PETER D. VALENZANO, ESQ. Dated: December 14, 2022 7 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 23 of 132 Trans ID: LCV20224231487 LIST OF COUNSEL OF RECORD Peter D. Valenzano, Esq. McOmber McOmber & Luber, P.C. 54 Shrewsbury Avenue Red Bank, NJ 07701 Phone: 732-842-6500 Attorneys for Plaintiff, Lillian Thomas Michael D. DiFazio II, Esq. Deena Rosendahl, Esq. DeCotiis, FitzPatrick, Cole & Giblin LLP 61 South Paramus Road, Suite 250 Paramus, NJ 07652 Attorneys for Defendants, Arnwal Corp. d/b/a Roto Rooter and Jack Branciforte Anthony Provenzano, Esq. Mitchell Jacobs, Esq. Cleary Giacobbe Alfieri Jacobs, LLC 955 State Route 34, Suite 200 Matawan, NJ 07747 Attorneys for Defendant Christopher Puma 8 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 24 of 132 Trans ID: LCV20224231487 December 14, 2022 VIA DGR LEGAL Fresenius Kidney Care Maplewood ATTN: Custodian of Records 2130 Millburn Avenue, Suite B1 Maplewood, NJ 07040 RE: Lillian Thomas v. Arnwal Corp. d/b/a Roto Rooter, et al. Docket No.: BER-L-1207-22 Our File No.: 13518 To Whom It May Concern: This firm represents Plaintiff, Lillian Thomas, in connection with the above-referenced matter. Enclosed, please find a Subpoena Duces Tecum, which compels you to produce documents on Wednesday, January 04, 2023, at 10:00 AM. Please be advised that failure to comply according to the command of this Subpoena may subject you to a penalty, damages in a civil suit, and punishment for contempt of Court. The subpoenaed evidence shall not be produced or released until the date specified in the subpoena. 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 in this action. Should you have any questions, please do not hesitate to contact me. Thank you for your time and anticipated cooperation in this matter. Very truly yours, /s/ Peter D. Valenzano Peter D. Valenzano, Esq. PDV:sv Enclosure cc: Michael D. DiFazio II, Esq. (with enclosure; via email only) Deena Rosendahl, Esq. (with enclosure; via email only) Anthony Provenzano, Esq. (with enclosure; via email only) Mitchell Jacobs, Esq. (with enclosure; via email only) BER-L-001207-22 12/16/2022 3:08:18 PM Pg 25 of 132 Trans ID: LCV20224231487 Christian V. McOmber, Esq. – NJ ID #012292010 cvm@njlegal.com Peter D. Valenzano, Esq. – NJ ID #037892010 pdv@njlegal.com Lauren M. Hill, Esq. – NJ ID # 304102019 lmh@njlegal.com McOMBER McOMBER & LUBER, P.C. 54 Shrewsbury Avenue Red Bank, New Jersey 07701 (732) 842-6500 Phone (732) 530-8545 Fax Attorneys for Plaintiff, Lillian Thomas LILLIAN THOMAS, SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, BERGEN COUNTY v. DOCKET NO.: BER-L-1207-22 ARNWAL CORP. d/b/a ROTO Civil Action ROOTER; JACK BRANIFORTE; CHRISTOPHER PUMA; ABC SUBPOENA DUCES TECUM CORPORATIONS 1-5 (fictitious names describing presently unidentified business entities); and JOHN DOES 1-5 (fictitious names describing presently unidentified individuals), Defendants. TO: Fresenius Kidney Care Maplewood 2130 Millburn Avenue Suite B1 Maplewood, NJ 07040 YOU ARE HEREBY COMMANDED to attend and give testimony at the law offices of McOmber McOmber & Luber, P.C., 54 Shrewsbury Avenue, Red Bank, New Jersey 07701, or at any other location agreed upon, on Wednesday, January 04, 2023, at 10:00 AM, and/or on such adjourned dates and times thereafter as counsel may agree, as a non-party witness, in the above- BER-L-001207-22 12/16/2022 3:08:18 PM Pg 26 of 132 Trans ID: LCV20224231487 entitled action, and that you have and bring with you and produce at the same time and place the documents listed on the attached Schedule A. Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. The subpoenaed evidence shall not be produced or released until the date specified for the taking of the deposition. 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 in this action. In lieu of appearing according to the command of this Subpoena, you may provide true and complete copies of the requested documents at the above-named place and time. You will be reimbursed for reasonable copying costs. Failure to appear or comply with the command of this Subpoena will subject you to the penalties provided by law. McOMBER McOMBER & LUBER, P.C. Attorneys for Plaintiff, Lillian Thomas By: /s/ Peter D. Valenzano /s/ Michelle M. Smith PETER D. VALENZANO, ESQ. MICHELLE M. SMITH Clerk of the Superior Court Dated: December 14, 2022 2 BER-L-001207-22 12/16/2022 3:08:18 PM Pg 27 of 132 Trans ID: LCV20224231487 DEFINITIONS AND INSTRUCTIONS A. As used herein, “You” and “Your” shall mean Fresenius Kidney Care Maplewood, as well as its employees, attorneys, accountants, agents, servants, representatives and any other person(s) acting at its request, direction, or on its behalf. B. As used herein, “Plaintiff” shall mean Lillian Thomas. C. As used herein, “Defendant Roto Rooter” shall mean Arnwal Corp., defendant in this Action. D. As used herein, “Defendant Puma” shall mean Christopher Puma, defendant in this Action. E. The terms “and” and “or” should be read conjunctively or disjunctively to bring within the scope of this Subpoena any documents which might otherwise be outside its scope. F. The terms “document(s)” is to be used in its broadest sense and includes all tangible things from which information can be obtained, perceived, reproduced, or communicated either directly or with the aid of a machine or device including, but not limited to, the original and all copies, together with all drafts, preliminary versions, alterations, modifications, revisions, changes, and amendments, of the following items, whether printed or recorded or reproduced by hand or electronic media: agreements, reports, communications, emails, correspondence, telegrams, memoranda, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, diaries, reports, notebooks, summaries or records of meetings or conferences, drafts, letters, notices, manuals, appraisals, invoices, transcripts, analyses, reviews, opinions, studies, investigations, questionnaires, worksheets, photographs, charts, sketches, and other written or recorded matter of any kind or nature, however produced or reproduced, and whether preserved in writing, film, type, tape, computer or videotape. G. The terms “communicate” or “communication” include every manner or means of disclosure, transfer, or exchange, and every disclosure, transfer, or exchange, whether face-to-face, by telephone, mail, email, personal delivery, or otherwise. H. The term “person” shall mean any individual, including one who is serving in a representative capacity, and any organization of any kind, including partnerships, firms, corporations, associations, limited liability companies, joint ventures, and governmental or political entities. I. The terms “referring or relating to