Motion to Compel Discovery in Masiello Mary Vs Hayward Ally| Trellis.Law

On March 02, 2023 a Motion,Ex Parte was filed involving a dispute between Mary A Masiello, Michael Masiello, Sweet Grass Kitchens& Int Llc, and Ally Hayward, Decorating Den Systems, Inc., Eagle Brazil Group Llc, J & D Plumbing & Heating Inc, John Does 1-X, Patrick Hayward, Jr., Reliable Wood Floorsllc, Sweet Grass Kitchens& Interio, for Contract/Commercial Transaction in the District Court of Monmouth County.

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Frederic J. Giordano (Attorney ID 038481995)
William Antonides III (Attorney ID 382102021)
K&L GATES LLP
One Newark Center, Tenth Floor
Newark, NJ 07102
Telephone: (973) 848-4000
Attorneys for Plaintiffs

MARY ANN MASIELLO and SUPERIOR COURT OF NEW JERSEY
MICHAEL MASIELLO, LAW DIVISION - MONMOUTH
COUNTY
Plaintiffs,
DOCKET NO.: MON-L-000659-23
v.
Civil Action
ALLY HAYWARD a/k/a ALLISON M.
DIPIETRO, PATRICK HAYWARD, JR.,
SWEET GRASS KITCHENS & INTERIORS,
LLC d/b/a DECORATING DEN INTERIORS, NOTICE OF MOTION TO COMPEL
and DECORATING DEN SYSTEMS, INC., DISCOVERY

Defendants,
v.

J & D PLUMBING & HEATING, INC.,
RELIABLE WOOD FLOORS, LLC, EAGLE
BRAZIL GROUP, LLC, and JOHN DOES I-X
(FICTITIOUS PERSONS AND OR ENTITIES
PERFORMING WORK, PROVIDING
SERVICES, SUPPLIES AND/OR MATERIALS
FOR PROJECT)

Third Party Defendants.

TO: Karen Mascioli, Esq.
Turner, O’Mara, Donnelly & Petrycki, P.C.
2201 Route 38, Suite 300
Cherry Hill, NJ 08002
Counsel for Defendants/ Third-Party Plaintiffs Ally Hayward A/K/A Allison M. Dipietro,
Patrick Hayward, Jr., Sweet Grass Kitchens & Interiors, LLC D/B/A Decorating Den
Interiors
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Bruce H. Levitt, Esq.
Levitt & Slafkes, P.C.
515 Valley Street, Suite 140
Maplewood, NJ 07040
Attorneys for Defendants Ally Hayward A/K/A Allison M. Dipietro, Patrick Hayward, Jr., Sweet
Grass Kitchens & Interiors, LLC D/B/A Decorating Den Interiors

Kevin G. Monaghan, Esq.
Michael S. Chuven, Esq.
Kinney, Lisovicz, Reilly & Wolff, P.C.
299 Cherry Hill Road, Suite 300
Parsippany, NJ 07054
Attorneys for Defendant Decorating Den Systems, Inc.

Michael J. Dunn, Esq.
Law Offices of Michael J. Dunn, LLC
2370 Route 70 West
Cherry Hill, NJ 08002
Attorneys for Third-Party Defendant J&D Plumbing & Heating, LLC

Ewan M. Clark, Esq.
Law Office of Gerald F. Strachan
90 Woodbridge Center Drive, Suite 330
Woodbridge, NJ 07095
Attorneys for Third-Party Defendant Reliable Wood Floors, LLC

PLEASE TAKE NOTICE that on Friday, January 19, 2024, at 9:00 a.m., or as soon

thereafter as counsel may be heard, Plaintiffs Mary Ann Masiello and Michael Masiello, by and

through their attorneys, K&L Gates LLP, shall move before the Honorable Linda G. Jones, J.S.C.,

or other such judge assigned to hear the motion, in the Superior Court of New Jersey, Monmouth

County, Law Division, located at the Monmouth County Courthouse, 71 Monument Street,

Freehold, NJ 07728, for an order: (1) compelling Defendants Ally Hayward, Patrick Hayward, Jr.,

and Sweet Grass Kitchens & Interiors, LLC, to serve responses to Plaintiffs’ First Set of

Interrogatories; (2) compelling Defendants Ally Hayward, Patrick Hayward, Jr., and Sweet Grass

Kitchens & Interiors, LLC, to serve responses to Plaintiffs’ First Set of Requests for Production of
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Documents, including all responsive documents; and (3) such other and further relief as the Court

deems just and proper.

PLEASE TAKE FURTHER NOTICE that in support of this motion, Plaintiffs shall rely

on the accompanying letter brief and Certification of Frederic J. Giordano, Esq., with attached

exhibits.

PLEASE TAKE FURTHER NOTICE that Plaintiffs request oral argument if this

Motion is opposed.

PLEASE TAKE FURTHER NOTICE that the discovery end date in this matter is

September 15, 2024, and no trial date has been set.

Dated: January 3, 2024 K&L GATES LLP

By: s/ Frederic J. Giordano
Frederic J. Giordano (Atty ID038481995)
William E. Antonides, III (Atty ID 382102021)
One Newark Center, 10th Floor
Newark, New Jersey 07102
P: 973-848-4000
F: 973-848-4001
frederic.giordano@klgates.com
bill.antonidesiii@klgates.com
Attorneys for Plaintiffs
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Defendants,
v.

Third Party Defendants.

THIS MATTER having been brought before the Court by K&L Gates LLP, attorneys for

Plaintiffs Mary Ann Masiello and Michael Masiello (“Plaintiffs”) for an order: (1) compelling

Defendants Ally Hayward, Patrick Hayward, Jr., and Sweet Grass Kitchens & Interiors, LLC, to serve

responses to Plaintiffs’ First Set of Interrogatories; (2) compelling Defendants Ally Hayward,

Patrick Hayward, Jr., and Sweet Grass Kitchens & Interiors, LLC, to serve responses to Plaintiffs’

First Set of Requests for Production of Documents, including all responsive documents; and (3)
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such other and further relied as the Court deems just and proper; and the Court having considered

the submissions and arguments of counsel in support of and in opposition thereto, if any, and for

good cause having been shown,

IT IS on this ___ day of ______________ 2024;

ORDERED that Plaintiffs’ Motion to Compel be and hereby is GRANTED; and it is

further

ORDERED that Defendants Ally Hayward, Patrick Hayward, Jr., and Sweet Grass Kitchens

& Interiors, LLC, must serve its responses to Plaintiffs’ First Set of Interrogatories, in a manner

consistent with the Court’s September 21, 2023 Order, within seven (7) days of the date of this

Order; and it is further

ORDERED that Defendant Ally Hayward, Patrick Hayward, Jr., and Sweet Grass Kitchens

& Interiors, LLC, must serve its responses to Plaintiffs’ First Set of Requests for Production of

Documents, including all responsive documents, in a manner consistent with the Court’s

September 21, 2023 Order, within seven (7) days of the date of this Order; and it is further

ORDERED that service of this Order shall be deemed effectuated upon all parties of

record upon its upload to eCourts. Pursuant to Rule 1:5-1(a), Plaintiffs shall serve a copy of this

Order on all parties not served electronically within seven (7) days of this Order.

___ Opposed
___ Unopposed Hon. Linda G. Jones, J.S.C.
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MARY ANN MASIELLO and SUPERIOR COURT OF NEW JERSEY
MICHAEL MASIELLO, LAW DIVISION - MONMOUTH
COUNTY
Plaintiffs,
DOCKET NO.: MON-L-000659-23
v.
Civil Action
ALLY HAYWARD a/k/a ALLISON M.
DIPIETRO, PATRICK HAYWARD, JR.,
SWEET GRASS KITCHENS & INTERIORS,
LLC d/b/a DECORATING DEN INTERIORS, CERTIFICATION OF FREDERIC J.
and DECORATING DEN SYSTEMS, INC., GIORDANO, ESQ. IN SUPPORT OF
PLAINTIFFS’ MOTION TO
COMPEL DISCOVERY
Defendants,
v.

Third Party Defendants.

I, FREDERIC J. GIORDANO, certify and state as follows:

1. I am an attorney-at-law of the State of New Jersey and a partner with the law firm

of K&L Gates LLP, attorneys for Plaintiffs Mary Ann Masiello and Michael Masiello

(“Plaintiffs”) in the above-captioned matter. I am fully familiar with the facts set forth herein.

2. On June 30, 2023, Plaintiffs served Defendants Ally Hayward, Patrick Hayward,

Jr., and Sweet Grass Kitchens & Interiors, LLC (“Defendants”), with Plaintiffs’ First Set of
1
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Interrogatories to Defendants and Plaintiffs’ First Set of Document Requests to Defendants.

Attached hereto as Exhibit 1 and Exhibit 2 are true and correct copies of Plaintiffs’ First Set of

Interrogatories to Defendants and Plaintiffs’ First Set of Document Requests to Defendants,

respectively.

3. Pursuant to R. 4:18-1(b)(2), Defendants’ responses to Plaintiffs’ First Set of

Document Requests were originally due on August 4, 2023.

4. Pursuant to R. 4:17-4(b), Defendants’ responses to Plaintiffs’ First Set of

Interrogatories were originally due on August 29, 2023.

5. On July 19, 2023, Defendants filed a motion for a protective order seeking relief

from Plaintiffs’ interrogatories Nos. 35, 37, 39, 40, 43, 46, 49, 50, 51, 52, and 53, and Plaintiffs’

document demands Nos. 21, 22, 23, 24, 25, 26, 36, 43, 45, 46, 47, 48, 49, 51, and 53. Further,

Defendants objected to Plaintiffs’ interrogatories Nos. 22 and 23, and Plaintiffs’ document demand

No. 27 directed as Co-Defendant Decorating Den Systems, Inc. (“DDSI”).

6. On August 25, 2023, the Court heard oral argument on Defendants’ motion

resulting in the Court granting in part and denying in part Defendants’ requests for relief.

7. On September 21, 2023, the Court entered an order modifying Defendants’

obligations as to certain interrogatories and document demands. Specifically, the Court ordered

Defendants’ to respond to interrogatory No. 37. The Court sustained Defendants’ objections to

Plaintiffs’ interrogatories Nos. 35, 39, 41, 48, 49, 50, 51, 52, and 53, and Plaintiffs’ interrogatories

Nos. 21 and 22 to DDSI. With respect to interrogatory No. 43, Defendants were ordered to identify

how payments were made to employees of Sweet Grass (check/cash/ direct deposit etc.) from

November 2020 to present. Defendants’ objections to Plaintiffs’ document demands Nos. 21, 22,

23, 24, 25, 26, 36, 47, 48, 49, 51, and 53, and Plaintiffs’ document demand No. 27 to DDSI were

2
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sustained. With respect to Plaintiffs’ document demand No. 43, the Court ordered Defendants to

produce any and all records in its possession regarding billing, charges, invoices, fees and

commissions between Sweet Grass Kitchens and Interiors and DDSI for the subject project at

Plaintiffs’ residence. With respect to Plaintiffs’ document demand No. 45, the Court ordered

Defendants to produce Sweet Grass Kitchens and Interiors’ federal, state, and local tax returns for

tax years 2020, 2021, 2022, and 2023. Attached hereto as Exhibit 3 is a true and correct copy of

the Court’s September 21, 2023 Protective Order.

8. On December 8, 2023, the Honorable Owen C. McCarthy, P.J.Cv. entered a case

management order, which, in pertinent part, ordered the parties to respond to initial requests for

answers to interrogatories, and document demands by December 8, 2023. Attached hereto as

Exhibit 4 is a true and correct copy of the Court’s December 8, 2023 Case Management Order.

9. The Parties consented to extend the date to provide responses to initial requests for

answers to interrogatories and document demands to December 15, 2023.

10. On December 15, 2023, as per the Parties’ agreement, Plaintiffs served responses

and objections to Defendants’ and DDSI’s interrogatories and document requests. Attached hereto

as Exhibit 5 is a true and correct copy of my December 15, 2023 email correspondence transmitting

Plaintiffs’ responses and objections to Defendants’ and DDSI’s interrogatories and document

requests.

11. On December 19, 2023, I contacted Defendants’ counsel by telephone to discuss

Defendants’ outstanding discovery obligations. During this conversation, I agreed to extend

Defendants’ deadline to respond until December 29, 2023. I further notified Defendants’ counsel

of my intent to file the instant motion should Defendants fail to provide responses by the further

extended deadline.

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12. On December 29, 2023, Plaintiffs produced responsive documents to Defendants’

interrogatories and requests for production of documents. Attached hereto as Exhibit 6 is a true

and correct copy of my December 29, 2023 email correspondence transmitting Plaintiffs’ bates-

stamped document production.

13. On the same date, I emailed Defendants’ counsel seeking Defendants’ responses to

Plaintiffs’ discovery demands and again informing Defendants’ counsel of my intent to file a

motion to compel if Defendants failed to produce their responses. Defendants’ counsel responded

that it was unlikely that Defendants would meet the twice-extended deadline. Attached hereto as

Exhibit 7 is a true and accurate copy of my December 29, 2023 email exchange with Karen

Mascioli, Esq.

14. As of the date of the filing of the instant motion, Defendants have not produced

their responses to Plaintiffs’ First Set of Interrogatories nor Plaintiffs’ First Set of Document

Requests.

15. Defendants’ responses to Plaintiffs’ First Set of Interrogatories and Plaintiffs’ First

Set of Document Requests are both overdue.

16. Plaintiffs are not in default of any discovery obligations owed to Defendants in this

Action.

17. Accordingly, Plaintiffs respectfully request that the Court compel Defendants to

produce their responses to Plaintiffs’ First Set of Interrogatories and First Set of Document

Requests, in a manner consistent with the Court’s September 21, 2023 Order, within 7 days after

the Court’s issuance of an order compelling same.

I certify that the foregoing statements made by me are true. I am aware that if the

statements are willfully false, I am subject to punishment.

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Frederic J. Giordano, Esq.
Dated: January 3, 2024

5
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Frederic J. Giordano
Partner
frederic.giordano@klgates.com

T +1 973 848 4035
F +1 973 848 4001

Hon. Linda G. Jones, J.S.C.
Monmouth County Courthouse
71 Monument Street
Freehold, NJ 07728

Re: Mary Ann Masiello, et al. v. Ally Hayward, et al.
Docket No. MON-L-659-23

Dear Judge Jones:

This firm represents Plaintiffs Mary Ann Masiello and Michael Masiello (collectively,

“Plaintiffs”) in this Action. Please accept this letter in lieu of a more formal brief in support of

Plaintiffs’ Motion to Compel Discovery Responses and Productions from Defendants Ally

Hayward, Patrick Hayward, Jr., and Sweet Grass Kitchens & Interiors, LLC (collectively,

“Defendants” and together with Plaintiffs, the “Parties”).

Factual Background

On March 2, 2023, Plaintiffs filed this Action against Defendants seeking damages for

fraud, breach of contract and negligence in connection with a renovation project to the Plaintiffs’

home.1

On June 30, 2023, Plaintiffs served Defendants with Plaintiffs’ First Set of Interrogatories

to Defendants and Plaintiffs’ First Set of Document Requests to Defendants (collectively,

1
See Complaint, filed on March 2, 2023 (Transaction ID LCV 2023763735).

K&L GATES LLP
ONE NEWARK CENTER TENTH FLOOR NEWARK NJ 07102
T +1 973 848 4000 F +1 973 848 4001 klgates.com
Anthony P. La Rocco, Managing Partner, New Jersey
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“Discovery Requests”).2 Pursuant to Rules 4:18 and 4:17, Defendants’ responses to Plaintiffs’

First Set of Document Requests were due on August 4, 2023 and Defendants’ responses to

Plaintiffs’ First Set of Interrogatories were due on August 29, 2023.

On July 19, 2023, Defendants filed a motion for a protective order seeking relief from

certain of the Discovery Requests. On August 25, 2023, the Court heard oral argument, and at the

conclusion of same, granted in part and denied in part Defendants’ requests for relief from their

discovery obligations. The Court memorialized its ruling in a September 21, 2023 Order

modifying Defendants’ discovery obligations as to specific Discovery Requests.3

On December 8, 2023, the Court entered Case Management Order No. 2, which required

Defendants to respond to Plaintiffs’ Discovery Requests by December 8, 2023.4 The Parties

thereafter agreed to extend that deadline to December 15, 2023. Defendants did not serve their

responses to the Discovery Requests by the December 15, 2023 deadline.

By telephone conference between their counsel on December 19, 2023, Plaintiffs agreed

to allow Defendants until December 29, 2023 to respond to Plaintiffs’ Discovery Requests.5

Plaintiffs’ counsel also advised Defendants’ counsel on December 19, 2023 of Plaintiffs’ intent to

compel Defendants’ responses if met with further delay.6 By e-mail exchange dated December

29, 2023, Plaintiffs’ counsel sought Defendants’ responses to the Discovery Requests and again

apprised Defendants’ of Plaintiffs’ intent to file a motion to compel should Defendants not supply

responses as agreed.7 Defendants’ counsel advised that she did not expect to be able to respond

2
Certification of Frederic J. Giordano, Esq. (“Giordano Cert.”), ¶ 2, Exhibits 1 - 2.
3
Giordano Cert., ¶ 7, Exhibit 3.
4
Giordano Cert., ¶ 8, Exhibit 4.
5
Giordano Cert., ¶¶ 11, 13, Exhibit 7.
6
Ibid.
7
Giordano Cert., ¶ 13, Exhibit 7.
2
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by December 29, 2023 and acknowledged Plaintiffs’ position in response.8 Plaintiffs, accordingly,

have made a good faith effort to resolve this discovery dispute.

To date, Defendants’ have not responded to the Discovery Requests, despite Plaintiffs’

advising that they intended to seek judicial intervention in line with R. 1:6-2(c)(2) for continued

noncompliance without further attempt to resolve the matter, and Defendants’ responses are

overdue. Plaintiffs produced their responses and objections to Defendants’ discovery requests on

December 15, 2023, and provided their complete document production on December 29, 2023.9

Plaintiffs accordingly are not in default in any discovery obligations owed to Defendants.

Defendants are Required to Respond to the Discovery Requests

Under R. 4:10-2(a), parties are entitled to obtain discovery regarding any non-privileged

matter which is relevant to the subject matter of a pending action or reasonable calculated to lead

to the discovery of admissible evidence:

Parties may obtain discovery regarding any matter, not privileged, which is
relevant to the subject matter involved in the pending action, whether it
relates to the claim or defense of the party seeking discovery or to the claim
or defense of any other party, including the existence, description, nature,
custody, condition and location of any books, documents, electronically
stored information, or other tangible things and the identity and location of
persons having knowledge of any discoverable matter.

[R. 4:10-2(a); In re Liquidation of Integrity Ins. Co., 165 N.J. 75, 82 (2000)].

R. 4:17-1 authorizes parties to serve “upon any other party written interrogatories relating

to any matters which may be inquired into under R. 4:10-2.” R. 4:17-1(a). The responding party

is, in turn, obligated to respond within 60 days. R. 4:17-4(b). Similarly, R. 4:18 authorizes parties

8
Ibid.
9
Giordano Cert., ¶¶ 10, 12, Exhibits 5 - 6.
3
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to request the production of records within the scope of R. 4:10-2(b). R. 4:18(a). The responding

party is, in turn, obligated to respond within 35 days. R. 4:18-1(b)(2).

Defendants’ responses originally were due on August 4, 2023 and August 29, 2023. After

motion practice, the Court modified Defendants’ obligations to respond to some of the Discovery

Requests. The Court subsequently set a new deadline of December 8, 2023 for Defendants’

responses. Plaintiffs thereafter afforded Defendants two further extensions, to December 15, 2023

and December 29, 2023. Defendants, however, have not served their responses to the Discovery

Requests.

R. 4:23-5 permits the propounding party to compel a deficient party to respond to overdue

discovery requests. See also Adedoyin v. Arc of Morris County Chapter, Inc., 325 N.J. Super.

173, 180, 182 (App. Div. 1999) (discussing the mechanism for relief for a responding party’s

deficient interrogatory answers and noting the “main objective of the rule is to compel the answers

to interrogatories…” (internal brackets and citations omitted)); Brugaletta v. Garcia, 234 N.J. 225,

249 (2018) (stating where “a responding party declines to turn over requested documents, the

requesting party may file a motion to compel discovery, R. 4:23-5(c) …”). Plaintiffs therefore

respectfully request that the Court compel Defendants to respond to Plaintiffs’ Discovery Requests

(as modified by the Court’s September 21, 2023 Order) including both written responses and

production of documents, within seven (7) days, as well as award such other and further relief as

the Court deems just and proper.

4
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Respectfully,

Frederic J. Giordano

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Frederic J. Giordano (Attorney ID 038481995)
K&L GATES LLP
One Newark Center, Tenth Floor
Newark, NJ 07102
Telephone: (973) 848-4000
Attorneys for Plaintiffs

Defendants,
v.

Third Party Defendants.

I, FREDERIC J. GIORDANO, certify and state as follows:

1. I am an attorney-at-law of the State of New Jersey and a partner with the law firm

of K&L Gates LLP, attorneys for Plaintiffs Mary Ann Masiello and Michael Masiello

(“Plaintiffs”) in the above-captioned matter. I am fully familiar with the facts set forth herein and

am authorized to execute this Proof of Service on behalf of Plaintiffs.

1
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2. On January 3, 2024, I caused the attached Notice of Motion to Compel Discovery,

Letter Brief in Support, Certification of Frederic J. Giordano in Support with Exhibits, Proposed

Form of Order, and this Proof of Service to be electronically filed with the Clerk of Monmouth

County and served upon all counsel, by filing same on the e-Courts electronic filing system.

I certify that the foregoing statements made by me are true. I am aware that if the

statements are willfully false, I am subject to punishment.

Dated: January 3, 2024 K&L GATES LLP

By: s/ Frederic J. Giordano
Frederic J. Giordano (Atty ID038481995)
One Newark Center, 10th Floor
Newark, New Jersey 07102
P: 973-848-4000
F: 973-848-4001
frederic.giordano@klgates.com
Attorneys for Plaintiffs

2
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Exhibit “1”
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Exhibit “1A”
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Frederic J. Giordano (Attorney ID 038481995)
Veronica A. Kampfe (Attorney ID 381672022)
K&L GATES LLP
One Newark Center, Tenth Floor
Newark, NJ 07102
Telephone: (973) 848-4000
Attorneys for Plaintiffs

MARY ANN MASIELLO and SUPERIOR COURT OF NEW JERSEY
MICHAEL MASIELLO, LAW DIVISION - MONMOUTH COUNTY

Plaintiffs, DOCKET NO.: MON-L-000659-23

v. Civil Action

ALLY HAYWARD a/k/a ALLISON M.
DIPIETRO, PATRICK HAYWARD, JR.,
SWEET GRASS KITCHENS & INTERIORS,
LLC d/b/a DECORATING DEN INTERIORS,
and DECORATING DEN SYSTEMS, INC.,

Defendants.

PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO DEFENDANT ALLY
HAYWARD A/K/A ALLISON M. DIPIETRO

TO: Karen A. Mascioli, Esq.
Turner, O’Mara, Donnelly & Petrycki, P.C.
2201 Route 38, Suite 300
Cherry Hill, NJ 08002
Attorneys for Defendants Ally Hayward A/K/A Allison M. Dipietro, Patrick Hayward,
Jr., Sweet Grass Kitchens & Interiors, LLC D/B/A Decorating Den Interiors

Bruce Levitt
Levitt & Slafkes, P.C.
515 Valley Street, Suite 140
Maplewood, NJ 07040
Attorneys for Defendants Ally Hayward A/K/A Allison M. Dipietro, Patrick Hayward,
Jr., Sweet Grass Kitchens & Interiors, LLC D/B/A Decorating Den Interiors

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PLEASE TAKE NOTICE that the undersigned, K&L Gates LLP, attorneys for Mary Ann
Masiello and Michael Masiello (collectively the “Masiellos” or “Plaintiffs”), hereby demand that
Defendant Ally Hayward A/K/A Allison M. Dipietro (“Ally”) answer Plaintiffs’ First Set of
Interrogatories to Defendant (the “Interrogatories”) in the manner and within the time prescribed
by the Rules Governing the Courts of the State of New Jersey.

Dated: June 30, 2023 /s/Frederic J. Giordano
Frederic J. Giordano (Attorney ID 038481995)
K&L GATES LLP
One Newark Center, Tenth Floor
Newark, NJ 07102
Telephone: (973) 848-4000
Attorneys for Plaintiffs

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DEFINITIONS

As used herein:
1. “Action” or “Litigation” means the litigation commenced by the filing of the
Complaint in the New Jersey Superior Court, Monmouth County, under DOCKET
NO.: MON-L-000659-23.

2. “Communication” means any transmission of information, the information transmitted
and any process by which information is transmitted, and includes written and
documented communications as well as oral communications.

3. “Complaint” means the Complaint filed by the Plaintiffs in this Action.

4. “DDSI” means defendant Decorating Den Systems, Inc.

5. “Document” or “Documents” means any kind of written, typewritten, or printed
material whatsoever, any kind of graphic material, and any computer readable media
including, but without limitation, papers, agreements, contracts, notes, memoranda,
correspondence, electronic mail messages (e-mail), studies, working papers, letters,
telegrams, invoices, personal diaries, reports, records, books, forms, indices,
transcriptions, recordings, magnetic tapes, disks and printed cards, data sheets, data
processing cards, personal calendars, interoffice memoranda, minutes and records of
any sorts of meetings, financial statements, financial calculations, estimates, reports
of telephone or other oral conversations, appointment books, maps, drawings, charts,
graphs, photographs, sound recordings, videotape recordings, computer printouts,
microfilms, information sent or received via the Internet, information stored
electronically or on computer chips, disks, or databases, all other compilations of data
from which information can be obtained or translated if necessary through detector
devices into reasonable, usable form, and all other writings and records of every kind,
however produced or reproduced, whether signed or unsigned. The term Document
includes, without limitation, the original and all file copies and other copies that are
not identical to the original no matter how or by whom prepared and all drafts prepared
in connection with any Documents, whether used or not.

6. “Employee” means any former or present person employed by You.

7. “Identify” and “Identity” mean:

(a) with respect to a natural person, to state the person’s first and last name, title at the
time in question, employer and business address at the time in question, and current or
last known employer, business address, home address, telephone numbers, and whether
the person is presently alive or deceased;

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(b) with respect to an organization or entity, to state the full name of the entity;
(c) with respect to a Document, to state the names and titles of the author(s) and/or
signatory(ies), addressee(s), and recipient(s) of any copies; the subject matter or title; the
date of the Document; the division, department, or unit of Your organization with which
the authors and/or addressees are or were affiliated; and its present location and
custodian;
(d) with respect to an oral Communication, to state the names and titles of all Persons
involved in the Communication, the location of all such Persons at the time of the
Communication, and the date and approximate time of the Communication; and The
terms “relating to,” “relate to,” and “related to” mean directly or indirectly, expressly or
impliedly, mentioning, describing, pertaining to, being connected with or reflecting upon
the subject matter of the specific request.
(e) with respect to a Policy, to state separately (i) the number of the Policy (or if such
number is lacking, the number of any applicable memorandum of insurance, certificate of
insurance, cover note or similar Document evidencing coverage) and the date of issue;
(ii) whether the Policy is primary, excess, umbrella, multi-peril, environmental
impairment, liability, all risk and/or property, and if excess, the tier of excess coverage
provided; (iii) the period during which the Policy is or was in effect; and (iv) the address
from which the Policy was sent.
8. “Pat” means defendant Patrick Hayward, Jr.

9. “Person” (or a form thereof) means natural Persons, firms, proprietorships,
associations, partnerships, corporations and every other type of organization or entity.

10. “Premises” means the property located at 30 Matrick Court, Hillsborough, New Jersey
08844.

11. “Agreement” means the Contract Agreement for Design and Installation entered into
on August 13, 2021 between the Masiellos and Sweet Grass.

12. “Policy” and “Insurance Policy” and “Policies” means any liability insurance policy,
or part thereof, of whatever type and by whatever name including but not limited to a
general liability policy, comprehensive general liability policy, blanket liability
policy, excess policy, umbrella policy, reinsurance policy, endorsement, rider, side-
bar agreement, binder, cover note, memorandum of insurance placing slip, or
certificate, including, without limitation, the Policies identified in the Complaint.

13. “Project” means the renovations that Sweet Grass agreed to perform at the Premises,
pursuant to the Agreement, in exchange for substantial payments from the Masiellos.

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14. “Relating to” or “Related” to means constituting, reflecting, representing, supporting,
contradicting, referring to, stating, describing, recording, noting, embodying,
containing, mentioning, studying, analyzing, discussing, evaluating, comprising or
relevant to. As indicated, the term necessarily includes information which is in
opposition to as well as in support of the position(s) and claim(s) of the parties,
respectively, in this action.

15. “Sweet Grass” means defendant Sweet Grass Kitchens & Interiors, LLC D/B/A
Decorating Den Interiors.

16. “Work” means any and all work, construction, service, repairs, modifications, and/or
adjustments You, your representatives, employees, and independent contractors
performed or contracted to perform on the Premises.

17. “You,” “Your,” “Ally,” and “Defendant,” means defendant Ally Hayward A/K/A
Allison M. Dipietro and her respective agents or representatives.

GENERAL INSTRUCTIONS

1. These Interrogatories are continuing in nature so as to require the filing of
supplemental answers to the extent required by the Rules Governing the Courts of the
State of New Jersey.

2. If Your answer to any of the Interrogatories derives from a Document, Identify the
Document and forward a copy thereof.

3. If You object to any Interrogatory or part thereof on the basis of the attorney/client
privilege, or work-product doctrine, or any other privilege, Identify the privilege
claimed, as well as each statement or Communication for which such privilege is
claimed, together with the following information with respect to each such statement
or Communication: (a) the date made; (b) the names of all Persons present in Person
or via audio during an oral Communication; (c) the author of the Communication; (d)
each Person who received the Communication or a copy thereof; (e) the subject matter;
and (f) the basis on which You claim privilege.

4. Whenever an Interrogatory calls for information with respect to "each" one of a
particular type or class of matters, events, persons or entities, of which there is more
than one, You are required to separately list, set forth or identify for each thereof all
of the information called for.

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5. “And” and “or” shall be construed conjunctively or disjunctively as necessary to make
the request inclusive rather than exclusive; and “any” as used herein means “each and
every” as well as “anyone.” The use of the words “include(s)” and “including” shall
be construed to mean “including, but not limited to.” The term “all” shall be construed
as “all and such.” Use of the singular form of any word includes the plural and vice
versa.

6. Your answer to each of these Interrogatories should be as responsive to each portion
thereof as is reasonably possible, whether such portion is stated in a separate sentence,
or is stated in conjunction with another portion or portions in a single sentence, or is
specifically designated in a particular Interrogatory, or is incorporated therein by the
“Definitions” section hereof. If You object to a portion of any Interrogatory, You are
instructed to answer the remainder.

7. If You cannot answer any Interrogatory in full, answer to the extent possible, explain
why You cannot answer the remainder, state the nature of the information and
knowledge that You can furnish, and provide a supplemental response when You
obtain more information.

8. When Documents, data, knowledge or information in possession of a party is
requested, such request includes knowledge of the party’s agents, representatives,
predecessors-in-interest, successors, subsidiaries, parents, experts, Persons consulted
concerning any factual matters or matters of opinion Relating in any way to any of the
facts or issues involved in this case, and, unless privileged, the party’s attorney(s).

9. Each Interrogatory contained herein shall be continuing in nature, and You shall
promptly modify or supplement Your Answers thereto to include any additional or
different information responsive to each Interrogatory that You learn.

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INTERROGATORIES

Interrogatory No. 1.

Identify any Person who may have knowledge Relating to the Action and describe the substance
of each such Person’s knowledge and the source or basis for such knowledge.

RESPONSE:

Interrogatory No. 2.

Identify all agreements and/or contracts, including change orders, addendums and/or amendments,
that You contend were entered into between Yourself and the Plaintiffs, including any written or
oral modifications of those agreements, whether signed or unsigned.

RESPONSE:

Interrogatory No. 3.

Describe in detail all of your Work, and Identify all Persons involved with the Work and the
dates of the Work.

RESPONSE:

Interrogatory No. 4.

Describe in complete detail all Communications between You and Your representatives and the
Plaintiffs or their representatives relating to the Work, the Premises, and the subject matter of the
Action, and if in writing, provide copies of such Communications.

RESPONSE:

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Interrogatory No. 5.

Identify all orders You placed for materials or services Relating to the Work or the Premises,
including but not limited to orders for kitchen cabinets, countertop slabs, fireplace tiles, and
fireplace replacement, and if in writing, provide copies of such orders.

RESPONSE:

Interrogatory No. 6.

Describe in complete detail the steps You took to order, procure, and deliver kitchen cabinets to
the Premises, including but not limited to all Communications between You and Seville and is
representatives and Brighton and its representatives.

RESPONSE:

Interrogatory No. 7.

Describe in complete detail all Communication between You and the Plaintiffs regarding the order,
procurement, and delivery of kitchen cabinets for the Premises.

RESPONSE:

Interrogatory No. 8.

Describe in complete detail the steps You took to purchase countertop slabs for the Premises,
including but not limited to purchases and payments made, and if in writing, provide copies of any
such orders or payments.

RESPONSE:

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Interrogatory No. 9.

Describe in complete detail all Communications between You and the Plaintiffs regarding the
countertop slabs for the Premises, including but not limited to Communications Relating to the
selection, ordering, purchase of, and payment for such countertop slabs.

RESPONSE:

Interrogatory No. 10.

Describe in complete detail the steps You took to complete the fireplace replacement for the
Premises, including but not limited to removal of the existing fireplace, procurement of a
replacement fireplace unit, application for the fireplace permit, and arrangements made for the
fireplace tiles.

RESPONSE:

Interrogatory No. 11.

Describe in complete detail all Communications between You and the Plaintiffs regarding the
fireplace replacement, including but not limited to statements made regarding the status of the
fireplace permit, appointments with fireplace tile installers, and orders for the new fireplace unit.

RESPONSE:

Interrogatory No. 12.

Describe in complete detail all permits applications and/or other required township applications
submitted by You, or on Your behalf, for Work or Relating to the Premises.

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RESPONSE:

Interrogatory No. 13.

Describe in complete detail all work experience Sweet Grass had prior to November 2022 with
home renovations of the type contained in the Project.

RESPONSE:

Interrogatory No. 14.

Describe in complete detail all statements made by You to the Plaintiffs Relating to Your
experience with home renovations similar to the type contained in the Project.

RESPONSE:

Interrogatory No. 15.

Identify any objects removed by You, or at Your request, from the Premises that are in Your
possession or were otherwise not returned to the Premises, including the identification of the
object, the date it was removed from the Premises, and where the object is currently located.

RESPONSE:

Interrogatory No. 16.

Identify all invoices submitted by You, or at Your request, to the Plaintiffs in connection with
Work and the Premises and all payments received by You from the Plaintiffs in connection with
the work and the Premises, including in detail the work that correlated with each payment.

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RESPONSE:

Interrogatory No. 17.

Identify any and all agreements and/or contracts between Sweet Grass and DDSI, including but
not limited to any franchise agreements that exist.

RESPONSE:

Interrogatory No. 18.

Describe in detail the relationship between Sweet Grass and DDSI, including but not limited to
the dates the franchise relationship was commenced and terminated or ended.

RESPONSE:

Interrogatory No. 19.

Identify All Communications between Sweet Grass and DDSI Relating to the franchise
relationship, its termination or end, the Plaintiffs, and the subject matter of this Action.

RESPONSE:

Interrogatory No. 20.

Describe in detail all policies, procedures, manuals, standards, and/or guidelines that DDSI
provided to Sweet Grass, including the name and contents of the policy, procedure, manual,
and/or guidelines, its contents, and the date it was provided to Sweet Grass.

RESPONSE:

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Interrogatory No. 21.

Identify all materials Sweet Grass and DDSI maintain Relating to the franchise relationship
between them, including but not limited to any and all applicable guidelines, policies, rules,
instructions, operating procedures, or manuals

RESPONSE:

Interrogatory No. 22.

Describe in detail all training that DDSI provided to Sweet Grass.
RESPONSE:

Interrogatory No. 23.

Describe in detail the actions DDSI took to monitor the work that Sweet Grass performed at the
Premises.
RESPONSE:

Interrogatory No. 24.

Describe in detail the process, including any and all formal and/or informal policies or
procedures, that DDSI maintains to certify the competency of its franchisees.
RESPONSE:

Interrogatory No. 25.

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Describe in detail the circumstances relating to, and reasons for, DDSI’s certification of Sweet
Grass as a franchisee.
RESPONSE:

Interrogatory No. 26.

Describe in detail the process since 2021, including any and all formal and/or informal policies
or procedures, Relating to DDSI’s terminating or ending a franchise relationship with a
franchisee.
RESPONSE:

Interrogatory No. 27.

Describe the circumstances relating to, and reas

Case Info

Judge

Linda G Jones Track Judge’s New Case

Case No.

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Document Filed Date

January 03, 2024

Case Filing Date

March 02, 2023

County

Parties

Ally Hayward Defendant
Decorating Den Systems, Inc. Defendant
Eagle Brazil Group Llc Defendant
Ewan Marcus Clark Attorney for the Defendant
Frederic John Giordano Attorney for the Plaintiff
J & D Plumbing & Heating Inc Defendant
John Does 1-X Defendant
Karen A Mascioli Attorney for the Defendant
Karen A Mascioli Attorney for the Plaintiff
Kevin G Monaghan Attorney for the Defendant
Mary A Masiello Plaintiff
Michael James Dunn Attorney for the Defendant
Michael Masiello Plaintiff
Michael Scott Chuven Attorney for the Defendant
Patrick Hayward, Jr. Defendant
Reliable Wood Floorsllc Defendant
Sweet Grass Kitchens& Interio Defendant
Sweet Grass Kitchens& Int Llc Plaintiff
Michael Dube Attorneys for Defendants

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Motion,Ex Parte: Masiello Mary Vs Hayward Ally

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