On September 17, 2019 a
Letter,Correspondence
was filed
involving a dispute between
Robert Ferretti,
and
Mc Cormickdoris,
Paul Mc Cormick,
Planning Board Of The Borough,
for Actions In Lieu Of Prerogative Writs
in the District Court of Bergen County.
Preview
BER-L-006600-19 01/21/2020 4:11:34 PM Pg 1 of 2 Trans ID: LCV2020139280
Kenneth C. Dolecki 477 Main Street
Counselor at Law P .O. Box 6, Hackensack, NJ 07602
(201) 342-0774
__________
Oakland Area No.
(201) 337-0777
January 21, 2020 __________
Telecopier: No. (201) 342-3740
__________
E-Mail: kcdolecki@netzero.net
Via E-Courts and Via Telecopy – (201) 221-0610
Honorable Lisa Perez-Friscia, J.S.C.
Superior Court of New Jersey
Bergen County Courthouse
10 Main Street, 3rd Floor
Hackensack, NJ 07601
Re: Rockleigh Planning Board advs. Robert Ferretti
Superior Court of NJ/Law Division/Bergen County
Docket #BER-L-006600-19
Dear Judge Perez-Friscia:
As Your Honor is aware, this office represents the Defendant Planning Board of the
Borough of Rockleigh in the above captioned matter. A Case Management Conference
was held before Your Honor on January 8, 2020, resulting in a Case Management Order
prepared by the Court.
If you will recall, upon Your Honor’s inquiry, counsel for the Plaintiff indicated that he
would advise within a one week period of time as to whether or not his client, the
Plaintiff, wishes to continue with Count 2 of the Complaint, the Equal Protection count.
Please be advised that I have this day received an email from Plaintiff’s counsel stating
“Mr. Ferretti wants to proceed with the action as filed, including the Equal Protection
claim.”
As such, it would now appear that discovery would need to proceed as to the Equal
Protection claim.
However, in reviewing Your Honor’s Case Management Order, under the handwritten
part at the bottom of page 2, the same states “Plaintiff to service Notice to
Produce/Interrogatories by 2/10/20”, not providing any authorization for Defendant
and/or Intervenors to also pursuant discovery with regard to the Equal Protection claim.
BER-L-006600-19 01/21/2020 4:11:34 PM Pg 2 of 2 Trans ID: LCV2020139280
Honorable Lisa Perez-Friscia, J.S.C.
Superior Court of New Jersey
January 21, 2020
Page 2
May I respectfully request that Your Honor consider the amending the Case Management
Order to permit discovery by Defendant and Intervenors, as well as Plaintiff, including
Interrogatories, Notice to Produce, Admissions and Depositions, or, alternatively, kindly
accept the within as a request for permission of the Defendant and Intervenors to so do.
Thank you for your usual courtesies extended.
Respectfully submitted,
Kenneth C. Dolecki
KENNETH C. DOLECKI
KCD/dcr
cc: Constantine Stamos, Esq., via email
Allen M. Bell, Esq., via email
Tara A. St. Angelo, Esq., Gebhardt & Kiefer, P.C., via email
Preview
BER-L-006600-19 01/21/2020 4:11:34 PM Pg 1 of 2 Trans ID: LCV2020139280 Kenneth C. Dolecki 477 Main Street Counselor at Law P .O. Box 6, Hackensack, NJ 07602 (201) 342-0774 __________ Oakland Area No. (201) 337-0777 January 21, 2020 __________ Telecopier: No. (201) 342-3740 __________ E-Mail: kcdolecki@netzero.net Via E-Courts and Via Telecopy – (201) 221-0610 Honorable Lisa Perez-Friscia, J.S.C. Superior Court of New Jersey Bergen County Courthouse 10 Main Street, 3rd Floor Hackensack, NJ 07601 Re: Rockleigh Planning Board advs. Robert Ferretti Superior Court of NJ/Law Division/Bergen County Docket #BER-L-006600-19 Dear Judge Perez-Friscia: As Your Honor is aware, this office represents the Defendant Planning Board of the Borough of Rockleigh in the above captioned matter. A Case Management Conference was held before Your Honor on January 8, 2020, resulting in a Case Management Order prepared by the Court. If you will recall, upon Your Honor’s inquiry, counsel for the Plaintiff indicated that he would advise within a one week period of time as to whether or not his client, the Plaintiff, wishes to continue with Count 2 of the Complaint, the Equal Protection count. Please be advised that I have this day received an email from Plaintiff’s counsel stating “Mr. Ferretti wants to proceed with the action as filed, including the Equal Protection claim.” As such, it would now appear that discovery would need to proceed as to the Equal Protection claim. However, in reviewing Your Honor’s Case Management Order, under the handwritten part at the bottom of page 2, the same states “Plaintiff to service Notice to Produce/Interrogatories by 2/10/20”, not providing any authorization for Defendant and/or Intervenors to also pursuant discovery with regard to the Equal Protection claim. BER-L-006600-19 01/21/2020 4:11:34 PM Pg 2 of 2 Trans ID: LCV2020139280 Honorable Lisa Perez-Friscia, J.S.C. Superior Court of New Jersey January 21, 2020 Page 2 May I respectfully request that Your Honor consider the amending the Case Management Order to permit discovery by Defendant and Intervenors, as well as Plaintiff, including Interrogatories, Notice to Produce, Admissions and Depositions, or, alternatively, kindly accept the within as a request for permission of the Defendant and Intervenors to so do. Thank you for your usual courtesies extended. Respectfully submitted, Kenneth C. Dolecki KENNETH C. DOLECKI KCD/dcr cc: Constantine Stamos, Esq., via email Allen M. Bell, Esq., via email Tara A. St. Angelo, Esq., Gebhardt & Kiefer, P.C., via email