Preview
ATL-L-000999-23 07/21/2023 Pg 1 of 4 Trans ID: LCV20232294184
ATL-L-001690-23 LCV20232146461
PREPARED BY THE COURT
JACOB AND JOSEPHINE HELFRICH, : SUPERIOR COURT OF NEW JERSEY
: ATLANTIC COUNTY – LAW DIV.
Plaintiffs, :
vs. :
: CIVIL ACTION
JOSEPH BENGARDINO, ET AL., :
:
Defendants. : DOCKET NO: ATL-L-999-23
:
:
:
:
JOSEPH BENGARDINO, : SUPERIOR COURT OF NEW JERSEY
: ATLANTIC COUNTY – LAW DIV.
Plaintiff, :
:
vs. : CIVIL ACTION
:
JACOB HELFRICH, :
: DOCKET NO: ATL-DC-2512-23
Defendant, :
:
: ORDER
JACOB AND JOSEPHINE HELFRICH, :
:
Third-Party Plaintiffs, :
:
vs. :
:
JOSEPH BENGARDINO, ET AL. :
:
Third-Party Defendants. :
:
THIS MATTER, having been opened to the Court on motion by Andrew D. Swain, Esq.
appearing on behalf of Plaintiffs, Jacob Helfrich and Josephine Helfrich, and the court having
considered the motion papers, and for good cause shown,
IT IS on this 21st day of July, 2023 ORDERED AND ADJUDGED that the motion to
consolidate is hereby GRANTED, and the above-entitled actions shall appear and be heard
under Docket No. ATL-L-999-23.
IT IS FURTHER ORDERED that the discovery end date for the consolidated matters is
April 22, 2024.
IT IS FURTHER ORDERED that the matter under Docket No. ATL-DC-2512-23 shall
be assigned a new docket number within the Law Division.
1
ATL-L-000999-23 07/21/2023 Pg 2 of 4 Trans ID: LCV20232294184
ATL-L-001690-23 LCV20232146461
IT IS FURTHER ORDERED that a copy of this order shall be deemed served upon all
counsel via e-courts.
____________________________
SARAH BETH JOHNSON, J.S.C.
Opposed _______
Unopposed _______
x
2
ATL-L-000999-23 07/21/2023 Pg 3 of 4 Trans ID: LCV20232294184
ATL-L-001690-23 LCV20232146461
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON
OPINIONS
Sarah Beth Johnson, J.S.C. 1201 Bacharach Boulevard
Atlantic City, NJ 08401-4527
(609) 402-0100 ext 47870
MEMORANDUM OF DECISION
PURSUANT TO RULE 1:6-2(f)
CASE: Helfrich v Bergardino, et al.
DOCKET #: ATL-L-999-23 & ATL-DC-2512-23
DATE: July 21, 2023
MOTION: Consolidate Actions
MOVANT: Andrew D. Swain, Esq. for Plaintiffs
PAPERS REVIEWED: Notice of Motion, Certification of Defense Counsel
Plaintiffs, Jacob Helfrich and Josephine Helfrich, seek to consolidate ATL-L-999-23 (the
“Helfrich Complaint”) and ATL-DC-2512-23 (the “Bengardino Complaint”).
This is a breach of contract claim arising from contract entered into on May 5, 2022. The
Helfrich Complaint was filed on May 25, 2023. The Bengardino Complaint was filed on May
22, 2023. It appears answers have been filed in both actions.
In support of this application, counsel certifies that both complaints arise out of home renovation
work and involve common questions of law and fact, which necessitates the consolidation of
these matters under one docket. No party has filed an opposition to this application.
Rule 4:38-1(a) governs the consolidation of cases; it provides:
When actions involving a common question of law or fact arising out of the same
transaction or series of transactions are pending in the Superior Court, the court
on a party's or its own motion may order the actions consolidated. If the actions
are not triable in the same county or vicinage, the order shall be made by the
Assignment Judge of the county in which the venue is laid in the action first
instituted on motion, the judge's own initiative, or on certification of the matter to
the judge by a judge of the Law or Chancery Division.
The trial court is vested with the discretion to determine whether consolidation of actions is
appropriate. Kaselaan & D'Angelo Associates, Inc. v. Soffian, 290 N.J. Super. 293, 300 (App.
Div. 1996).
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ATL-L-000999-23 07/21/2023 Pg 4 of 4 Trans ID: LCV20232294184
ATL-L-001690-23 LCV20232146461
Based on the record, the court finds that it is appropriate to consolidate these actions, which were
filed about 3 days apart and arise from the same incident. Accordingly, the motion is
GRANTED. These actions shall be consolidated under Docket No. ATL-L-999-23, and the
consolidated action shall be assigned the Helfrich Complaint discovery end date of April 22,
2024. The court finds this appropriate under the facts and circumstances and so orders pursuant
to R. 1:1-2.
Insofar as a matter with a DC docket number cannot be consolidated with a Law Division docket
number, the matter under Docket No. ATL-DC-2512-23 shall be assigned a new docket number
within the Law Division.
The court further notes that, under Rule 1:21-1(c), a business entity must be represented
by an attorney authorized to practice law in New Jersey. Accordingly, Joseph Bengardino
Masonry Limited Liability Company, LLC cannot proceed as a self-represented litigant for
purposes of this action, and the court expects an attorney to enter an appearance on behalf
of this party should the entity wish to participate in the litigation.
An appropriate order has been entered. Conformed copies accompany this Memorandum of
Decision. The filing of the Order and this Memorandum on e-courts shall serve as service of
same on all counsel of record.
SARAH BETH JOHNSON, J.S.C.
4
Preview
ATL-L-000999-23 07/21/2023 Pg 1 of 4 Trans ID: LCV20232294184 ATL-L-001690-23 LCV20232146461 PREPARED BY THE COURT JACOB AND JOSEPHINE HELFRICH, : SUPERIOR COURT OF NEW JERSEY : ATLANTIC COUNTY – LAW DIV. Plaintiffs, : vs. : : CIVIL ACTION JOSEPH BENGARDINO, ET AL., : : Defendants. : DOCKET NO: ATL-L-999-23 : : : : JOSEPH BENGARDINO, : SUPERIOR COURT OF NEW JERSEY : ATLANTIC COUNTY – LAW DIV. Plaintiff, : : vs. : CIVIL ACTION : JACOB HELFRICH, : : DOCKET NO: ATL-DC-2512-23 Defendant, : : : ORDER JACOB AND JOSEPHINE HELFRICH, : : Third-Party Plaintiffs, : : vs. : : JOSEPH BENGARDINO, ET AL. : : Third-Party Defendants. : : THIS MATTER, having been opened to the Court on motion by Andrew D. Swain, Esq. appearing on behalf of Plaintiffs, Jacob Helfrich and Josephine Helfrich, and the court having considered the motion papers, and for good cause shown, IT IS on this 21st day of July, 2023 ORDERED AND ADJUDGED that the motion to consolidate is hereby GRANTED, and the above-entitled actions shall appear and be heard under Docket No. ATL-L-999-23. IT IS FURTHER ORDERED that the discovery end date for the consolidated matters is April 22, 2024. IT IS FURTHER ORDERED that the matter under Docket No. ATL-DC-2512-23 shall be assigned a new docket number within the Law Division. 1 ATL-L-000999-23 07/21/2023 Pg 2 of 4 Trans ID: LCV20232294184 ATL-L-001690-23 LCV20232146461 IT IS FURTHER ORDERED that a copy of this order shall be deemed served upon all counsel via e-courts. ____________________________ SARAH BETH JOHNSON, J.S.C. Opposed _______ Unopposed _______ x 2 ATL-L-000999-23 07/21/2023 Pg 3 of 4 Trans ID: LCV20232294184 ATL-L-001690-23 LCV20232146461 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS Sarah Beth Johnson, J.S.C. 1201 Bacharach Boulevard Atlantic City, NJ 08401-4527 (609) 402-0100 ext 47870 MEMORANDUM OF DECISION PURSUANT TO RULE 1:6-2(f) CASE: Helfrich v Bergardino, et al. DOCKET #: ATL-L-999-23 & ATL-DC-2512-23 DATE: July 21, 2023 MOTION: Consolidate Actions MOVANT: Andrew D. Swain, Esq. for Plaintiffs PAPERS REVIEWED: Notice of Motion, Certification of Defense Counsel Plaintiffs, Jacob Helfrich and Josephine Helfrich, seek to consolidate ATL-L-999-23 (the “Helfrich Complaint”) and ATL-DC-2512-23 (the “Bengardino Complaint”). This is a breach of contract claim arising from contract entered into on May 5, 2022. The Helfrich Complaint was filed on May 25, 2023. The Bengardino Complaint was filed on May 22, 2023. It appears answers have been filed in both actions. In support of this application, counsel certifies that both complaints arise out of home renovation work and involve common questions of law and fact, which necessitates the consolidation of these matters under one docket. No party has filed an opposition to this application. Rule 4:38-1(a) governs the consolidation of cases; it provides: When actions involving a common question of law or fact arising out of the same transaction or series of transactions are pending in the Superior Court, the court on a party's or its own motion may order the actions consolidated. If the actions are not triable in the same county or vicinage, the order shall be made by the Assignment Judge of the county in which the venue is laid in the action first instituted on motion, the judge's own initiative, or on certification of the matter to the judge by a judge of the Law or Chancery Division. The trial court is vested with the discretion to determine whether consolidation of actions is appropriate. Kaselaan & D'Angelo Associates, Inc. v. Soffian, 290 N.J. Super. 293, 300 (App. Div. 1996). 3 ATL-L-000999-23 07/21/2023 Pg 4 of 4 Trans ID: LCV20232294184 ATL-L-001690-23 LCV20232146461 Based on the record, the court finds that it is appropriate to consolidate these actions, which were filed about 3 days apart and arise from the same incident. Accordingly, the motion is GRANTED. These actions shall be consolidated under Docket No. ATL-L-999-23, and the consolidated action shall be assigned the Helfrich Complaint discovery end date of April 22, 2024. The court finds this appropriate under the facts and circumstances and so orders pursuant to R. 1:1-2. Insofar as a matter with a DC docket number cannot be consolidated with a Law Division docket number, the matter under Docket No. ATL-DC-2512-23 shall be assigned a new docket number within the Law Division. The court further notes that, under Rule 1:21-1(c), a business entity must be represented by an attorney authorized to practice law in New Jersey. Accordingly, Joseph Bengardino Masonry Limited Liability Company, LLC cannot proceed as a self-represented litigant for purposes of this action, and the court expects an attorney to enter an appearance on behalf of this party should the entity wish to participate in the litigation. An appropriate order has been entered. Conformed copies accompany this Memorandum of Decision. The filing of the Order and this Memorandum on e-courts shall serve as service of same on all counsel of record. SARAH BETH JOHNSON, J.S.C. 4