Motion-Secondary: Davis Jameel Vs Vasquez Joseph

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                                CAM-L-001961-20          03/11/2021 3:52:40 PM         Pg 1 of 3 Trans ID: LCV2021539342




              CHRISTIAN P. FLEMING. ESQ.
              Attorney ID: 019251996
              Jabin & Fleming, LLC
              530 Highway 18
              East Brunswick, New Jersey 08816
              (732) 257-1044
              Attorney for Plaintiff, Jameel Davis


               JAMEEL DAVIS,                                              SUPERIOR COURT OF NEW JERSEY
                                                                          LAW DIVISION: CAMDEN COUNTY
                         Plaintiff,
                                                                              DOCKET NO.: CAM-L-1961-20
                   vs.
                                                                                       CIVIL ACTION
               JOSEPH VASQUEZ, COUNTY OF
               CAMDEN, QIHONG JIANG, JOHN DOE
               1-10 and ABC CORP., INC.1-10, (said
               names being fictitious)                                              DOCKET NO. 4945-19

                          Defendant(s).
               ___________________________________
                                                                          CERTIFICATION IN OPPOSITION
               COREEM SPAULDING,                                       TO MOTION TO DISMISS ON BEHALF
                                                                            OF PLAINTIFF JAMEEL DAVIS
                          Plaintiff

               Vs

               JOSEPH VASQUEZ, COUNTY
               OF CAMDEN and QIHONG JIANG,

                          Defendants


                       I, CHRISTIAN P. FLEMING, an attorney at law of the State of New Jersey, hereby

              certify as follows:

                       1.  I am a partner in the law firm of Jabin & Fleming, LLC and                     I am entrusted with the

              handling of the within matter.            I am familiar with the facts of the case and             I make this
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              certification in opposition to defendant Jiang’s Motion to Dismiss, Compel IMEs, and for

              Reimbursement of no show fees.

                       2.   I do not dispute that plaintiff Jameel Davis missed an IME appointment scheduled

              for March 8, 2021.        The date was scheduled by letter in November 2020 from defense counsel,

              at which time we immediately notified our client by letter.                    He was again reminded of the

              appointment a few days prior to the scheduled date.

                       3.  This is the first IME scheduled by defendant.                There are no prior missed

              appointments by plaintiff Jameel Davis.                Plaintiff does not object to attending the IME.          However,

              Plaintiff does oppose the request for him to pay the $225 no show fee and compelling the IME for a

              specific date.

                       4. This is a matter between Defendant and Defendant’s doctor, Ronald Gerson, M.D.                      While the

              law provides a mechanism to compel plaintiff to attend an IME pursuant to R. 4:19, the Court Rules do

              not provide for an adversary to collect fees associated with a missed appointment. Rather R. 4:19

              provides that when a party fails to comply with an adversary’s request for an IME, the adversely

              affected party may move to compel the discovery demands made pursuant to R. 4:23- 5(c). In the within

              matter, the plaintiff has missed one IME appointment. Furthermore, if the motion to compel the

              discovery is made and the party fails to comply once again, then the aggrieved party may move for

              dismissal pursuant to R. 4:23-5(a)(1). Nevertheless, the rules dealing with noncompliance of

              Independent Medical Examinations make no mention of sanctions by way of missed appointment fees.

                       5.  Plaintiff also objects to a dismissal of his case at this point.        Only one IME appointment was

              inadvertently missed.      He is willing to attend a new appointment.
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                       6.  For the foregoing reasons it is respectfully requested that the court deny defense counsel’s

              request to   dismiss plaintiff’s complaint, compel plaintiff to pay a no-show fee, and attend an IME on a

              specific date.

                       I HEREBY CERTIFY that the foregoing statements made by me are true.                       I am aware that if any

              of the statements are willfully false, I am subject to punishment.

              Dated:    March 11, 2021                                                           Christian P. Fleming
                                                                                               ______________________________
                                                                                               CHRISTIAN P. FLEMING