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ATL-L-001040-22 12/01/2023 Pglof4 Trans ID: LCV20233517279
FILED
DEC 0 1 2023
PREPARED BY THE COURT JOHN C. PORTO, P.J.Cv.
SUPERIOR COURT OF NEW JERSEY
JENNA TOWNSEND, LAW DIVISION
ATLANTIC COUNTY
Plaintiff,
Vs. DOCKET NO. ATL-L-1040-22
DR. DAVID STIDD, DR. JORGE ELLER, Civil Action
CINDY BOYD, DONNA HOWELL, DR.
HOWARD AXELROD, DR. ROBERT ORDER
ROSENWASSER, HEATHER SCHLOENDRON,
ROBERT SZAPOR, ATLANTIC REGIONAL
MEDICAL CENTER also known as
ATLANTICARE REGIONAL MEDICAL
CENTER, JEFFERSON UNIVERSITY
HOSPITAL also known as JEFFERSON
HEALTH, JOHN DOES(S) 1-10,
Defendants.
THIS MATTER having been opened to the Court by David R. Castellani,
Esq., on behalf of Plaintiffs, and the Court having reviewed the moving papers; and
good cause having been shown;
IT IS on this 1% day of December, 2023, ORDERED and ADJUDGED:
1. Plaintiffs Motion to Strike Defendants’, AtlantiCare Regional Medical
Center, Cindy Boyd, Donna Howell, Dr. Howard Axelrod, Heather
Schloendron and Robert Szapor, Answer for failure to provide discovery,
without prejudice, is hereby GRANTED.
IT IS FURTHER ORDERED that service of this Order shall be deemed
effectuated upon all parties upon its upload to eCourts. 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 the date of this Order.
Ati tS
(_) Opposed
HONJOHN C. PORTO, P.J.Cv.
(x) Unopposed
ATL-L-001040-22 12/01/2023 Pg2of4 Trans ID: LCV20233517279
NOT FOR PUBLICATION WITHOUT THE APPROVAL
OF THE COMMITTEE ON OPINIONS
JOHN C. PORTO, P.J.Cv. 1201 Bacharach Boulevard
Atlantic City, N.J. 08401-4527
(609) 402-0100 ext. 47820
MEMORANDUM OF DECISION ON MOTION
Pursuant to Rule 1:6-2(f)
TO: David R. Castellani, Esq. Russell L. Lichtenstein, Esq.
Castellani Law Firm, LLC Christopher R. Versak, Esq.
Attorneys for Plaintiff, Jenna Cooper Levenson, P.A.
Townsend. Attorneys for Defendants,
AtlantiCare Regional Medical
Center, Cindy Boyd, Donna Howell,
Dr. Howard Axelrod, Heather
Schloendron and Robert Szapor
RE: Townsend v. Stidd, et al. DOCKET NO. ATL-L-1040-22
NATURE OF MOTION: Plaintiff’s Motion to Suppress Defendant’s Answer
Without Prejudice for Failure to Provide Discovery
HAVING CAREFULLY REVIEWED THE UNOPPOSED MOVING PAPERS, I HAVE RULED
ON THE ABOVE CAPTIONED MOTION AS FOLLOWS:
Nature of Motion and Procedural History
This is an alleged law against discrimination (“LAD”) claim. On March 31,
2022, Plaintiff filed their Complaint against the Defendants. Amended Complaints
were filed on January 9, 2023, January 17, 2023, and April 11, 2023. Defendants,
AtlantiCare Regional Medical Center, Cindy Boyd, Donna Howell, Dr. Howard
Axelrod, Heather Schloendron and Robert Szapor, submitted an Answer on
September 19, 2022 with a Response to the Amended Complaint being submitted on
@) “The Judiciary of New Jersey is an equal Opportunity/Affirmative Action Employer” 6
ATL-L-001040-22 12/01/2023 Pg30o0f4 Trans ID: LCV20233517279
April 26, 2023. The Discovery end date is February 20, 2024, and no arbitration or
trial date was scheduled.
On November 9, 2023, Plaintiff filed this unopposed motion to suppress
Defendants’ Answer for failure to provide discovery responses.
Parties’ Contentions
Plaintiffs
Plaintiffs counsel certifies the Defendant was served with a demand for Initial
Interrogatories and Notice to Produce on March 24, 2023. On September 14, 2023,
Plaintiff's counsel sent correspondence to counsel for Defendants’ advising that
Defendants’ discovery responses for overdue. To date, the discovery responses
remain outstanding.
Therefore, Plaintiff's counsel requests the Court to enter an Order striking
Defendants’ Answers and Separate Defenses or, in the alternative, enter an Order
compelling Defendants’ to provide answers to the Initial Interrogatories and Notice
to Produce.
Discussion
R. 4:23-5(a)(1) states, in pertinent part:
If a demand for discovery pursuant to R. 4:17, R. 4:18-1,
or R. 4:19 is not complied with and no timely motion for
an extension or a protective order has been made, the party
entitled to discovery may, except as otherwise provided by
paragraph (c) of this rule, move, on notice, for an order
dismissing or suppressing the pleading of the delinquent
party. The motion shall be supported by an affidavit
reciting the facts of the delinquent party's default and
stating that the moving party is not in default in any
discovery obligations owed to the delinquent party. Unless
good cause for other relief is shown, the court shall enter
an order of dismissal or suppression without prejudice.
ATL-L-001040-22 12/01/2023 Pg 4of4 Trans ID: LCV20233517279
R. 4:23-5(a)(1) allows an answer to be stricken without prejudice for failure to
comply with discovery demands, provided the moving party made a good faith effort
to resolve the issue with the adverse party and is not delinquent in any discovery
obligations.
Here, the Court finds Defendant failed to respond to Plaintiff's discovery
requests. The Court also finds Plaintiff is not in default of any discovery obligations
and made a good faith effort to resolve the issues prior to filing the motion.
Accordingly, Plaintiff's Motion to Strike Defendants’ Answer without
prejudice for failure to provide discovery responses is GRANTED.
An appropriate Order is entered on ecourts. Conformed copies accompany
this Memorandum of Decision.
Ayn LCs
JOHN. PORTO, P.J.Cv. Date: December 1, 2023
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ATL-L-001040-22 12/01/2023 Pglof4 Trans ID: LCV20233517279 FILED DEC 0 1 2023 PREPARED BY THE COURT JOHN C. PORTO, P.J.Cv. SUPERIOR COURT OF NEW JERSEY JENNA TOWNSEND, LAW DIVISION ATLANTIC COUNTY Plaintiff, Vs. DOCKET NO. ATL-L-1040-22 DR. DAVID STIDD, DR. JORGE ELLER, Civil Action CINDY BOYD, DONNA HOWELL, DR. HOWARD AXELROD, DR. ROBERT ORDER ROSENWASSER, HEATHER SCHLOENDRON, ROBERT SZAPOR, ATLANTIC REGIONAL MEDICAL CENTER also known as ATLANTICARE REGIONAL MEDICAL CENTER, JEFFERSON UNIVERSITY HOSPITAL also known as JEFFERSON HEALTH, JOHN DOES(S) 1-10, Defendants. THIS MATTER having been opened to the Court by David R. Castellani, Esq., on behalf of Plaintiffs, and the Court having reviewed the moving papers; and good cause having been shown; IT IS on this 1% day of December, 2023, ORDERED and ADJUDGED: 1. Plaintiffs Motion to Strike Defendants’, AtlantiCare Regional Medical Center, Cindy Boyd, Donna Howell, Dr. Howard Axelrod, Heather Schloendron and Robert Szapor, Answer for failure to provide discovery, without prejudice, is hereby GRANTED. IT IS FURTHER ORDERED that service of this Order shall be deemed effectuated upon all parties upon its upload to eCourts. 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 the date of this Order. Ati tS (_) Opposed HONJOHN C. PORTO, P.J.Cv. (x) Unopposed ATL-L-001040-22 12/01/2023 Pg2of4 Trans ID: LCV20233517279 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS JOHN C. PORTO, P.J.Cv. 1201 Bacharach Boulevard Atlantic City, N.J. 08401-4527 (609) 402-0100 ext. 47820 MEMORANDUM OF DECISION ON MOTION Pursuant to Rule 1:6-2(f) TO: David R. Castellani, Esq. Russell L. Lichtenstein, Esq. Castellani Law Firm, LLC Christopher R. Versak, Esq. Attorneys for Plaintiff, Jenna Cooper Levenson, P.A. Townsend. Attorneys for Defendants, AtlantiCare Regional Medical Center, Cindy Boyd, Donna Howell, Dr. Howard Axelrod, Heather Schloendron and Robert Szapor RE: Townsend v. Stidd, et al. DOCKET NO. ATL-L-1040-22 NATURE OF MOTION: Plaintiff’s Motion to Suppress Defendant’s Answer Without Prejudice for Failure to Provide Discovery HAVING CAREFULLY REVIEWED THE UNOPPOSED MOVING PAPERS, I HAVE RULED ON THE ABOVE CAPTIONED MOTION AS FOLLOWS: Nature of Motion and Procedural History This is an alleged law against discrimination (“LAD”) claim. On March 31, 2022, Plaintiff filed their Complaint against the Defendants. Amended Complaints were filed on January 9, 2023, January 17, 2023, and April 11, 2023. Defendants, AtlantiCare Regional Medical Center, Cindy Boyd, Donna Howell, Dr. Howard Axelrod, Heather Schloendron and Robert Szapor, submitted an Answer on September 19, 2022 with a Response to the Amended Complaint being submitted on @) “The Judiciary of New Jersey is an equal Opportunity/Affirmative Action Employer” 6 ATL-L-001040-22 12/01/2023 Pg30o0f4 Trans ID: LCV20233517279 April 26, 2023. The Discovery end date is February 20, 2024, and no arbitration or trial date was scheduled. On November 9, 2023, Plaintiff filed this unopposed motion to suppress Defendants’ Answer for failure to provide discovery responses. Parties’ Contentions Plaintiffs Plaintiffs counsel certifies the Defendant was served with a demand for Initial Interrogatories and Notice to Produce on March 24, 2023. On September 14, 2023, Plaintiff's counsel sent correspondence to counsel for Defendants’ advising that Defendants’ discovery responses for overdue. To date, the discovery responses remain outstanding. Therefore, Plaintiff's counsel requests the Court to enter an Order striking Defendants’ Answers and Separate Defenses or, in the alternative, enter an Order compelling Defendants’ to provide answers to the Initial Interrogatories and Notice to Produce. Discussion R. 4:23-5(a)(1) states, in pertinent part: If a demand for discovery pursuant to R. 4:17, R. 4:18-1, or R. 4:19 is not complied with and no timely motion for an extension or a protective order has been made, the party entitled to discovery may, except as otherwise provided by paragraph (c) of this rule, move, on notice, for an order dismissing or suppressing the pleading of the delinquent party. The motion shall be supported by an affidavit reciting the facts of the delinquent party's default and stating that the moving party is not in default in any discovery obligations owed to the delinquent party. Unless good cause for other relief is shown, the court shall enter an order of dismissal or suppression without prejudice. ATL-L-001040-22 12/01/2023 Pg 4of4 Trans ID: LCV20233517279 R. 4:23-5(a)(1) allows an answer to be stricken without prejudice for failure to comply with discovery demands, provided the moving party made a good faith effort to resolve the issue with the adverse party and is not delinquent in any discovery obligations. Here, the Court finds Defendant failed to respond to Plaintiff's discovery requests. The Court also finds Plaintiff is not in default of any discovery obligations and made a good faith effort to resolve the issues prior to filing the motion. Accordingly, Plaintiff's Motion to Strike Defendants’ Answer without prejudice for failure to provide discovery responses is GRANTED. An appropriate Order is entered on ecourts. Conformed copies accompany this Memorandum of Decision. Ayn LCs JOHN. PORTO, P.J.Cv. Date: December 1, 2023