On September 12, 2016 a
Answer
was filed
involving a dispute between
Tai He Trading Corp,
and
555 Asian Supermarket Inc,
555 Food Mart Inc,
John Ng,
Michele Ng,
for Book Account (Debt Collection Matters Only)
in the District Court of Hudson County.
Preview
HUD-L-003703-16
HUD L 003703-16 05/17/2018 8:27:06
07/20/2018 Pg PM
1 of Pg
2 1 of 2 Trans
Trans ID: LCV2018871926
ID: LCV20181295176
#115
Philip C. Gutworth, Esq. ID No. 020671980 F I L E D
PHILIP C. GUTWORTH, P.A. JUL 20, 2018
A Professional Corporation
530 Rahway Avenue
JOSEPH A. TURULA, J.S.C.
Woodbridge, New Jersey 07095-3484
Phone (732) 634-9400
Attorney for Plaintiff, TAI HE TRADING CORP.
: SUPERIOR COURT OF NEW JERSEY
TAI HE TRADING CORP., LAW DIVISION: HUDSON COUNTY
:
Plaintiff, Docket No. HUD-L-003703-16
:
v. Civil Action
:
555 ASIAN SUPERMARKET, INC., ORDER SUPPRESSING DEFENDANTS’
555 FOOD MART INC., JOHN NG also : ANSWER AND DEFENSES WITH
known as JOHN KON NG also known as PREJUDICE FOR FAILURE TO PROVIDE
KONG K. SANG also known as KUN : DISCOVERY PURSUANT TO R. 4:23-(a)(2)
SANG NG also known as KONG SANG NG
Denied
and MICHELLE NG also known as :
MICHELE NG also known as
MICHELLE CHEN CHANG also known :
as MICHELLECH CHANG also known
as MICHELE CH NG also known as :
MICHELE C. NG also known as
MICHELLE C. NG also known as XUE :
CHEN NG,
:
Defendants.
:
THIS MATTER having been opened to the Court upon the filing of a Motion by
Philip C. Gutworth, P.A., Attorney for the Plaintiff TAI HE TRADING CORP. and service
having been made upon the attorney for the Defendants, and it appearing from the
Certification submitted in support of the motion that a set of Interrogatories, a
Request for Admissions, and a Request for Production of Documents were served but
that certified responses to same were not provided by the defendants within the time
1
HUD-L-003703-16
HUD L 003703-16 05/17/2018 8:27:06
07/20/2018 Pg PM
2 of Pg
2 2 of 2 Trans
Trans ID: LCV2018871926
ID: LCV20181295176
prescribed by the Rules of the Court, and the Court previously entered an Order on
Plaintiff’s motion to suppress the answer and defenses of the Defendants for failure to
provide discovery without prejudice pursuant to R. 4:23-5(a)(1), and that Defendants
were duly served with said Order and the requisite notice pursuant to the Rule, and
more than sixty days have passed without the Defendants either serving responses to
Plaintiff’s discovery requests or filing the requisite motion to restore the matter, and
good cause having been shown for the granting of this motion after the discovery end
date pursuant to R. 4:24-2;
IT IS on this 20th
_______ day of June, 2018
ORDERED, that the answer and defenses of the Defendants be and hereby are
suppressed with prejudice for failure to answer and respond to Plaintiff’s discovery
requests pursuant to R. 4:23-5(a)(2), and it is further
ORDERED that a copy of this order be served upon the attorney for the
Defendants within ten days from the receipt of this Order.
____________________________________________________
Joseph A. Turula, J.S.C.
( ) Opposed Denied without prejudice. The Court's decision on the record on July 20, 2018 was based
upon the fact that defense counsel failed to provide his clients with the required notice per
( ) Unopposed
R. 4:23-5(a)(2).Therefore, motvant can refile this motion in 60 days and defense counsel
shall pay movant's filing fee defense counsel is to follow the Rule concerning notice.
Defendants were present
in Court and one was provided an interpreter so they fully understood what is required.
2
Document Filed Date
July 20, 2018
Case Filing Date
September 12, 2016
Category
Book Account (Debt Collection Matters Only)
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HUD-L-003703-16 HUD L 003703-16 05/17/2018 8:27:06 07/20/2018 Pg PM 1 of Pg 2 1 of 2 Trans Trans ID: LCV2018871926 ID: LCV20181295176 #115 Philip C. Gutworth, Esq. ID No. 020671980 F I L E D PHILIP C. GUTWORTH, P.A. JUL 20, 2018 A Professional Corporation 530 Rahway Avenue JOSEPH A. TURULA, J.S.C. Woodbridge, New Jersey 07095-3484 Phone (732) 634-9400 Attorney for Plaintiff, TAI HE TRADING CORP. : SUPERIOR COURT OF NEW JERSEY TAI HE TRADING CORP., LAW DIVISION: HUDSON COUNTY : Plaintiff, Docket No. HUD-L-003703-16 : v. Civil Action : 555 ASIAN SUPERMARKET, INC., ORDER SUPPRESSING DEFENDANTS’ 555 FOOD MART INC., JOHN NG also : ANSWER AND DEFENSES WITH known as JOHN KON NG also known as PREJUDICE FOR FAILURE TO PROVIDE KONG K. SANG also known as KUN : DISCOVERY PURSUANT TO R. 4:23-(a)(2) SANG NG also known as KONG SANG NG Denied and MICHELLE NG also known as : MICHELE NG also known as MICHELLE CHEN CHANG also known : as MICHELLECH CHANG also known as MICHELE CH NG also known as : MICHELE C. NG also known as MICHELLE C. NG also known as XUE : CHEN NG, : Defendants. : THIS MATTER having been opened to the Court upon the filing of a Motion by Philip C. Gutworth, P.A., Attorney for the Plaintiff TAI HE TRADING CORP. and service having been made upon the attorney for the Defendants, and it appearing from the Certification submitted in support of the motion that a set of Interrogatories, a Request for Admissions, and a Request for Production of Documents were served but that certified responses to same were not provided by the defendants within the time 1 HUD-L-003703-16 HUD L 003703-16 05/17/2018 8:27:06 07/20/2018 Pg PM 2 of Pg 2 2 of 2 Trans Trans ID: LCV2018871926 ID: LCV20181295176 prescribed by the Rules of the Court, and the Court previously entered an Order on Plaintiff’s motion to suppress the answer and defenses of the Defendants for failure to provide discovery without prejudice pursuant to R. 4:23-5(a)(1), and that Defendants were duly served with said Order and the requisite notice pursuant to the Rule, and more than sixty days have passed without the Defendants either serving responses to Plaintiff’s discovery requests or filing the requisite motion to restore the matter, and good cause having been shown for the granting of this motion after the discovery end date pursuant to R. 4:24-2; IT IS on this 20th _______ day of June, 2018 ORDERED, that the answer and defenses of the Defendants be and hereby are suppressed with prejudice for failure to answer and respond to Plaintiff’s discovery requests pursuant to R. 4:23-5(a)(2), and it is further ORDERED that a copy of this order be served upon the attorney for the Defendants within ten days from the receipt of this Order. ____________________________________________________ Joseph A. Turula, J.S.C. ( ) Opposed Denied without prejudice. The Court's decision on the record on July 20, 2018 was based upon the fact that defense counsel failed to provide his clients with the required notice per ( ) Unopposed R. 4:23-5(a)(2).Therefore, motvant can refile this motion in 60 days and defense counsel shall pay movant's filing fee defense counsel is to follow the Rule concerning notice. Defendants were present in Court and one was provided an interpreter so they fully understood what is required. 2