Preview
HUD-L-001248-22 04/12/2023 6:47:22 PM Pglof3 Trans ID: LCV20231258528
SOBEL PEVZNER, LLC
Bella I. Pevzner, Esq.
Attorney ID # 039972004
Attorneys for Defendant
IMPERFECT FOODS, INC.,
30 Vesey Street, 8th Floor
New York, NY 10007
(212) 216-0020
enn ne nnn en nen en een nnn enna K
FARA SYLVAIN, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: HUDSON COUNTY
Plaintiff, DOCKET NO.: HUD-L-2407-19
-against-
MD SOHEL UDDIN, ALAM R.
MOHAMMED, UBER, JOHN DOES 1-X (said
names being fictitious, true names presently
unknown), ABC CORP. (said names being
fictitious, true names presently unknown),
Defendants.
--X
FARA SYLVAIN,
Plaintiff,
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: HUDSON COUNTY
-against-
DOCKET NO.: HUD-L-1248-22
IMPERFECT FOODS, INC., PENSKE TRUCK
LEASING CO., LP., JOHN DOES 1-X (said names
being fictitious, true names presently unknown),
NOTICE OF MOTION TO EXTEND
ABC CORP. (said names being fictitious, true
names presently unknown), DISCOVERY AND COMPEL
PRODUCTION OF DOCUMENTS
Defendants.
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HUD-L-001248-22 04/12/2023 6:47:22 PM Pg2of3 Trans ID: LCV20231258528
TO Daniel N. Epstein, Esq.
Attorneys for Plaintiff
200 Metroplex Drive, Suite 304
Edison, NJ 08817
Tel: (732) 828-8600
PLEASE TAKE NOTICE that on Friday, April 28, 2023, or as soon thereafter as counsel
may be heard, the undersigned, counsel for Defendant, IMPREFECT FOODS, INC.
(“Defendant”), shall make an application to the Superior Court of New Jersey, Law Division,
Hudson County before the Presiding Judge, for entry of an Order to extend the discovery end date
by 120 (one hundred twenty) days.
PLEASE TAKE FURTHER NOTICE that reliance shall be placed upon annexed
Certification of Counsel in support of this application.
MOTION FILED PURSUANT TO Rule 1:6-2, a proposed form of Order is annexed
hereto, and it is requested that the matter be submitted to the Court for a ruling on the papers
herewith submitted and in accordance with the provisions of Rule 1:6-2 and 1:6-3, this motion
shall be deemed uncontested unless responsive papers are filed no later than eight (8) days prior
to the return date of this motion stating with particularity the basis of the opposition to the relief
sought.
HUD —L 2407-19
DISCOVERY END DATE: January 10, 2023
ARBITRATION DATE: NA
TRIAL DATE: N/A
DISPOSIITON: DISMISSED / CONSOLIDATED
HUD-L-001248-22 04/12/2023 6:47:22 PM Pg3of3 Trans ID: LCV20231258528
HUD — L-1248-22
DISCOVERY END DATE: May 10, 2023
ARBITRATION DATE: N/A
SETTLEMENT CONFERENCE DATE April 20, 2023
TRIAL DATE: July 10, 2023
The undersigned hereby certifies that the within Notice of Motion to Extend Discovery
along with supporting documentation and proposed form of Order was served upon the Court and
all counsel of record within the time required by the Court rules.
SOBEL PEVZNER, |LLC
f
Bella). Pev:
‘tyorneys can
» Esq
efendant
PE ‘T-FOODS, INC.
HUD-L-001248-22 04/12/2023 6:47:22 PM Pglof3 Trans ID: LCV20231258528
Bella I. Pevzner, Esq.
Attorney ID No.: 039972004
SOBEL PEVZNER, LLC
30 Vesey Street, 8th Floor
New York, NY 10007
Tel.: (212) 216-0020
Fax: (646) 688-3646
Attorneys for Defendant
IMPERFECT FOODS, INC.
wane nnn,
FARA SYLVAIN, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: HUDSON COUNTY
Plaintiff, DOCKET NO.: HUD-L-2407-19
-against-
MD SOHEL UDDIN, ALAM R.
MOHAMMED, UBER, JOHN DOES 1-X (said
names being fictitious, true names presently
unknown), ABC CORP. (said names being
fictitious, true names presently unknown),
Defendants.
penne
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FARA SYLYV.
Plaintiff,
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: HUDSON COUNTY
-against-
DOCKET NO.: HUD-L-1248-22
IMPERFECT FOODS, INC., PENSKE TRUCK
LEASING CO., LP., JOHN DOES 1-X (said names
ORDER
being fictitious, true names presently unknown),
ABC CORP. (said names being fictitious, true
names presently unknown),
Defendants.
wane ne nen nee ene ene eee een
THIS MATTER having been opened to the court by Bella I. Pevzner, Esq. of Sobel
HUD-L-001248-22 04/12/2023 6:47:22 PM Pg2of3 Trans ID: LCV20231258528
Pevzner, LLC, counsel for Defendant, IMPERFECT FOODS, INC. on notice to all counsel of
record, and the Court having reviewed the within Motion to Extend Discovery and Compel
Production of Documents, and supporting documents, and upon exceptional circumstances being
shown:
IT IS on this day of , 2023,
ORDERED that the Discovery End Date in this matter is hereby extended 120 days;
IT IS FURTHER ORDERED that the new Discovery End Date is September 7, 2023.
IT IS FURTHER ORDERED as follows:
Depositions of all parties and fact witnesses shall be completed by: 7/10/23
Plaintiff Expert Reports shall be produced by: 7/7/23
Plaintiff's IME completed by: 8/9/23
Defense expert reports shall be produced by: 9/7/23
Discovery shall be completed by: 9/7/23
Depositions of expert witnesses may be completed prior to trial if a trial de novo is filed.
IT IS FURTHER ORDERED that the trial in this matter is hereby adjourned and a new
trial date is set for , 2023.
IT IS FURTHER ORDERED that Plaintiff shall produce Answers to Notice to Produce
within 10 (ten) days of the Order or suffer sanctions upon application to the Court;
IT IS FURTHER ORDERED that a copy of this Order shall be served upon all parties of
the record within seven (7) days of receipt of the Order.
PIC.
HUD-L-001248-22 04/12/2023 6:47:22 PM Pg3o0f3 Trans ID: LCV20231258528
(_) Opposed
(_) Unopposed
HUD-L-001248-22 04/12/2023 6:47:22 PM Pg1of7 Trans ID: LCV20231258528
Bella I. Pevzner, Esq.
Attorney ID No.: 039972004
SOBEL PEVZNER, LLC
Attorneys for Defendant
IMPERFECT FOODS, INC.,
30 Vesey Street, 8th Floor
New York, NY 10007
(212) 216-0020
eaeeeee --X
FARA SYLVAIN, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: HUDSON COUNTY
Plaintiff, DOCKET NO.: HUD-L-2407-19
-against-
MD SOHEL UDDIN, ALAM R.
MOHAMMED, UBER, JOHN DOES 1-X (said
names being fictitious, true names presently
unknown), ABC CORP. (said names being
fictitious, true names presently unknown),
Defendants.
_ manenee: wane: naneneneneX
FARA SYLVAIN,
Plaintiff,
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: HUDSON COUNTY
-against-
DOCKET NO.: HUD-L-1248-22
IMPERFECT FOODS, INC., PENSKE TRUCK
LEASING CO., LP., JOHN DOES 1-X (said names CERTIFICATION
being fictitious, true names presently unknown),
ABC CORP. (said names being fictitious, true
names presently unknown),
Defendants.
a. ao
I, Bella I. Pevzner, Esq., of full age hereby certify the following:
1 Iam an attorney at law of the State of New Jersey and a partner with Sobel Pevzner,
LLC, which represents Defendant, IMPERFECT FOODS INC.(“Defendant”), in the within
HUD-L-001248-22 04/12/2023 6:47:22 PM Pg2of7 Trans ID: LCV20231258528
matter, and as such, I am fully familiar with the facts of the case.
2 This auto negligence case arises out of two motor vehicle accidents.
3. The first accident occurred on July 8, 2017, and is the basis for the complaint under
HUD-L-2407-19.
4 The second accident occurred on May 22, 2021, and is the basis for the complaint
under HUD-L-1248-22.
5 The initial Discovery End Date for HUD-L-2407-19 was September 17, 2020 and
was extended 60 (sixty) days to November 16, 2020, pursuant to Rule 4:24-1(c). (See a copy of
the clerk’s notice extending discovery attached hereto as Exhibit A).
6 On October 30, 2020, upon motion by both parties, The Discovery End Date was
extended 120 days to March 25, 2021. (See a copy of the Court’s Order attached hereto as Exhibit
B; also see a copy of the Court’s Order denying one of the motions as moot attached hereto as
Exhibit C).
7
On March 5, 2021, upon motion by defendants MD Sohel Uddin and Alam R.
Mohammed, the Discovery End Date was extended 90 days to June 14, 2021. (See a copy of the
Court’s Order attached hereto as Exhibit D).
8 On June 11, 2021, upon motion by the plaintiff, the Discovery End Date was
extended 120 days to October 12, 2021. (See a copy of the Court’s Order attached hereto as Exhibit
E).
9 On October 8, 2021, upon motion by plaintiff, the Discovery End Date was
extended 120 days to February 9, 2022. (See a copy of the Court’s Order attached hereto as Exhibit
F).
10. On May 13, 2022, upon motion by plaintiff, these two matters were consolidated
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under the docket number HUD-L-2407-19. (See a copy of the Court’s Order attached hereto as
Exhibit G; also see attached a copy of the Court’s Order denying plaintiff's motion as moot under
HUD-L-1248-22 annexed hereto as Exhibit H).
11. The Order further stated a new DED is to be established with the filing of the first
Answer or 90 days from service on the first defendant, whichever comes first under L-1248-22.
See Exhibit G.
12. This order also required Plaintiff to provide written discovery, medicals and
narrative reports pertaining to the subsequent accident by September 20, 2022. See Exhibit G.
13. On September 9, 2022, upon motion by defendants MD Sohel Uddin and Alam R.
Mohammed, the Discovery End Date was extended to January 10, 2023. (See a copy of the Court’s
Order attached hereto as Exhibit I).
14, My office Answered on behalf of Imperfect Foods, Inc. on October 19, 2022 and
the Court entered an Order on October 20, 2022 vacating any default and permitting Defendant to
Answer out of time. (See a copy of the Court’s Order attached hereto as Exhibit J).
15. On December 2, 2022, following a motion made by Defendant, the Court entered
an Order denying Defendant’s request to extend the Discovery End Date as Defendant failed to
append a discovery order from October 30, 2022 which denied one of the party’s discovery
motions as moot. (See a copy of the Court’s Order attached hereto as Exhibit K).
16. On January 6, 2023, following a motion made by Defendant Imperfect Foods, Inc,
the Court entered an Order denying Defendant’s motion to extend discovery as improperly filed
under docket L-2407-19. However, the Court noted that the cases were consolidated under docket
L-1248-22 and therefore, the Discovery End Date for these consolidated matters is May 10, 2023.
(See a copy of the Court’s Order attached hereto as Exhibit L)
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17. Defendant served its initial demands, which included Answers to Form A
Interrogatories and HIPAA compliant authorizations along with its Answer on October 19, 2022.
(See a copy of Defendant’s Answer attached hereto as Exhibit M).
18. On November 7, 2022, my office sent a letter to plaintiff asking to adjourn
plaintiff's deposition, which was previously scheduled for November 8, 2022, and informed
plaintiff in good faith that plaintiff had not supplied my office with Answers to Form
Interrogatories and HIPAA compliant medical record authorizations. (See a copy of Defendant’s
letter attached hereto as Exhibit N).
19. On November 7, 2022, Defendant informed Plaintiff via E-mail correspondence
that Interrogatory Answers regarding Plaintiff's original accident are insufficient to fulfill its
discovery requirements as Interrogatory Answers for Plaintiff's subsequent accident are required
due to the accidents being completely unrelated and almost four years apart.
20. On November 8, 2022, via E-mail correspondence Defendant again informed
Plaintiff that Defendant is demanding Answers to Form Interrogatories and HIPAA compliant
authorizations.
21, Thereafter, Defendants followed up for the outstanding discovery. Specifically,
Defendants followed up by way of phone calls as well as a good faith letter sent on January 27,
2023. (See a copy of Defendants good faith letter dated January 27, 2023 as Exhibit Q)
22. On January 30, 2023, Defendant had finally received Answers to Form
Interrogatories for the subsequent accident as well as some HIPAA compliant authorizations. (See
a copy of Plaintiff's Answer to Form A Interrogatories for subsequent accident attached hereto as
Exhibit 0).
23. Since January 30, 2023, Defendant has reviewed Plaintiff's discovery responses as
HUD-L-001248-22 04/12/2023 6:47:22 PM Pg5of7 Trans ID: LCV20231258528
well as HIPAA authorizations. To that end, Defendant processed the authorization in an effort to
secure medical records from those medical providers, whose authorizations the Defendant
received.
24. On February 7, 2023, Defendant served plaintiff with a Notice to Produce, upon the
review of the Plaintiffs interrogatories. As of the filing of this motion, Plaintiff has not provided
a response to same. (See a copy of Defendant’s Notice to Produce attached hereto as Exhibit
P).Given the necessary discovery still needing to be obtained, my office is unable to proceed with
depositions or obtain an IME of the plaintiff within the current deadlines prescribed by the Court.
25. Due to the late nature of the Defendant being brough into this action, and the level
of discovery and the issues presented herein, Defendant respectfully requests a 120-day extension
of the current Discovery End Date. Otherwise, the Defendant will be severely prejudiced in the
defense of this matter.
26. Upon receipt of Plaintiff's response to Notice to Produce, Defendant requires time
to process the authorization, obtain Plaintiffs medical records from the treating providers,
potentially request supplemental discovery demands, conduct Plaintiff's EBT, and have Plaintiff
undergo an Independent Medical Examination.
27. Due to Plaintiffs dilatory tactics in providing discovery for this subsequent
accident, Defendant has been unable to proceed with defending this case despite good faith
attempts to procure the required discovery.
28. In addition, Defendant respectfully request an adjournment of the current trial date.
In light of the above, Defendant has displayed exceptional circumstances requiring extension of
the current trial date.
29. Exceptional circumstances exist when the movant demonstrates: (1) why discovery
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has not been completed within time and counsels’ diligence in pursuing discovery during that time;
(2) the additional discovery sought is essential; (3) an explanation for counsel’s failure to request
an extension of time for discovery within the original time period [not applicable in the instant
case]; and (4) the circumstances presented were clearly beyond the control of the attorney and
litigant seeking the extension of time. Rivers v. LSC Partnership, 378 N.J. Super. 68, 79 (App.
Div. 2005).
30. This outstanding discovery the Defendant is seeking is relevant and essential for
the defense of this matter. Plaintiff is alleging injuries to the same body parts for accidents that
occurred nearly four (4) years apart from each other. Certainly, the Defendant is entitled to secure
all of plaintiff's medical records from both accidents in an effort to properly defend and litigate
this case.
31. It is respectfully requested that the Court compel the plaintiff to respond to
Defendants Notice to Produce dated February 7, 2023 within 10 days of the Court’s Order.
32. Once in receipt of the HIPAA compliant authorizations per request in the Notice to
Produce, Defendant will immediately process the authorizations to obtain medical treatment
records.
33. Upon the receipt of medical treatment records, the Defendant will be in a position
to proceed with plaintiffs deposition.
34. Once plaintiff's deposition is completed, Defense counsel will promptly schedule
plaintiff's Independent Medical Examination (IME).
35. Defendant will be severely prejudiced in the defense of this matter if not permitted
additional time to complete the foregoing discovery and have the trial of this matter adjourned.
36. The foregoing described delay is through no fault of the Defendant’s and is due to
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the dilatory conduct on the part of the plaintiff.
37. The parties were advised of the Defendant’s request for an extension of the
Discovery End Date, Co-Defendant’s counsel for MD Sohel Uddin and Alam R. Mohammed
indicated his consent for this extension, no response was received from the Plaintiff.
38. This relief is being requested prior to the expiration of the Discovery End Date.
39. In light of the foregoing and for good cause and exceptional circumstances shown,
it is respectfully requested that the Court enter the proposed Order extending discovery for a period
of 120 days.
I hereby certify that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements made by me are willfully false, I am subject to punishment.
oma LC
lla Pevzner, Esq.
IM
orn fo ndant
[PERFECT FOODS, INC.
Date: x| VS
HUD-L-001248-22 04/12/2023 6:47:22 PM Pglof1 Trans ID: LCV20231258528
PROOF OF SERVICE
On this date I, Rimma Shulman, a paralegal with Sobel Pevzner, LLC, do hereby certify
that the herein MOTION TO EXTEND DISCOVERY END DATE AND COMPEL
DISCOVERY was electronically filed with the Superior Court of New Jersey, Hudson County,
Law Division and a true copy was mailed via U.S. Postal Service First-Class Mail to:
Daniel N. Epstein, Esq.
Attorneys for Plaintiff
200 Metroplex Drive, Suite 304
Edison, NJ 08817
Tel: (732) 828-8600
Attorney for Plaintiff
Charles M. Hammer, Esq.
Two Executive Drive, Suite 260
Fort Lee, NJ. 07024
Ph#: 201-461-2327
Fax#: 201-461-1948
Attorney for Defendants
MD SOHEL UDDIN, ALAM R. MOHAMMED
I certify that the foregoing statements made by me are true. I én it if any of the
foregoing statements by me are willfully false, I am subject to punis! ent.
Date: $fi2 23 —
Preview
HUD-L-001248-22 04/12/2023 6:47:22 PM Pglof3 Trans ID: LCV20231258528 SOBEL PEVZNER, LLC Bella I. Pevzner, Esq. Attorney ID # 039972004 Attorneys for Defendant IMPERFECT FOODS, INC., 30 Vesey Street, 8th Floor New York, NY 10007 (212) 216-0020 enn ne nnn en nen en een nnn enna K FARA SYLVAIN, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: HUDSON COUNTY Plaintiff, DOCKET NO.: HUD-L-2407-19 -against- MD SOHEL UDDIN, ALAM R. MOHAMMED, UBER, JOHN DOES 1-X (said names being fictitious, true names presently unknown), ABC CORP. (said names being fictitious, true names presently unknown), Defendants. --X FARA SYLVAIN, Plaintiff, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: HUDSON COUNTY -against- DOCKET NO.: HUD-L-1248-22 IMPERFECT FOODS, INC., PENSKE TRUCK LEASING CO., LP., JOHN DOES 1-X (said names being fictitious, true names presently unknown), NOTICE OF MOTION TO EXTEND ABC CORP. (said names being fictitious, true names presently unknown), DISCOVERY AND COMPEL PRODUCTION OF DOCUMENTS Defendants. eee eee eas eee eee ee Eee eee HUD-L-001248-22 04/12/2023 6:47:22 PM Pg2of3 Trans ID: LCV20231258528 TO Daniel N. Epstein, Esq. Attorneys for Plaintiff 200 Metroplex Drive, Suite 304 Edison, NJ 08817 Tel: (732) 828-8600 PLEASE TAKE NOTICE that on Friday, April 28, 2023, or as soon thereafter as counsel may be heard, the undersigned, counsel for Defendant, IMPREFECT FOODS, INC. (“Defendant”), shall make an application to the Superior Court of New Jersey, Law Division, Hudson County before the Presiding Judge, for entry of an Order to extend the discovery end date by 120 (one hundred twenty) days. PLEASE TAKE FURTHER NOTICE that reliance shall be placed upon annexed Certification of Counsel in support of this application. MOTION FILED PURSUANT TO Rule 1:6-2, a proposed form of Order is annexed hereto, and it is requested that the matter be submitted to the Court for a ruling on the papers herewith submitted and in accordance with the provisions of Rule 1:6-2 and 1:6-3, this motion shall be deemed uncontested unless responsive papers are filed no later than eight (8) days prior to the return date of this motion stating with particularity the basis of the opposition to the relief sought. HUD —L 2407-19 DISCOVERY END DATE: January 10, 2023 ARBITRATION DATE: NA TRIAL DATE: N/A DISPOSIITON: DISMISSED / CONSOLIDATED HUD-L-001248-22 04/12/2023 6:47:22 PM Pg3of3 Trans ID: LCV20231258528 HUD — L-1248-22 DISCOVERY END DATE: May 10, 2023 ARBITRATION DATE: N/A SETTLEMENT CONFERENCE DATE April 20, 2023 TRIAL DATE: July 10, 2023 The undersigned hereby certifies that the within Notice of Motion to Extend Discovery along with supporting documentation and proposed form of Order was served upon the Court and all counsel of record within the time required by the Court rules. SOBEL PEVZNER, |LLC f Bella). Pev: ‘tyorneys can » Esq efendant PE ‘T-FOODS, INC. HUD-L-001248-22 04/12/2023 6:47:22 PM Pglof3 Trans ID: LCV20231258528 Bella I. Pevzner, Esq. Attorney ID No.: 039972004 SOBEL PEVZNER, LLC 30 Vesey Street, 8th Floor New York, NY 10007 Tel.: (212) 216-0020 Fax: (646) 688-3646 Attorneys for Defendant IMPERFECT FOODS, INC. wane nnn, FARA SYLVAIN, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: HUDSON COUNTY Plaintiff, DOCKET NO.: HUD-L-2407-19 -against- MD SOHEL UDDIN, ALAM R. MOHAMMED, UBER, JOHN DOES 1-X (said names being fictitious, true names presently unknown), ABC CORP. (said names being fictitious, true names presently unknown), Defendants. penne ne nen nn nn eens. jenn nnnnn nana enna nena enna n nee) FARA SYLYV. Plaintiff, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: HUDSON COUNTY -against- DOCKET NO.: HUD-L-1248-22 IMPERFECT FOODS, INC., PENSKE TRUCK LEASING CO., LP., JOHN DOES 1-X (said names ORDER being fictitious, true names presently unknown), ABC CORP. (said names being fictitious, true names presently unknown), Defendants. wane ne nen nee ene ene eee een THIS MATTER having been opened to the court by Bella I. Pevzner, Esq. of Sobel HUD-L-001248-22 04/12/2023 6:47:22 PM Pg2of3 Trans ID: LCV20231258528 Pevzner, LLC, counsel for Defendant, IMPERFECT FOODS, INC. on notice to all counsel of record, and the Court having reviewed the within Motion to Extend Discovery and Compel Production of Documents, and supporting documents, and upon exceptional circumstances being shown: IT IS on this day of , 2023, ORDERED that the Discovery End Date in this matter is hereby extended 120 days; IT IS FURTHER ORDERED that the new Discovery End Date is September 7, 2023. IT IS FURTHER ORDERED as follows: Depositions of all parties and fact witnesses shall be completed by: 7/10/23 Plaintiff Expert Reports shall be produced by: 7/7/23 Plaintiff's IME completed by: 8/9/23 Defense expert reports shall be produced by: 9/7/23 Discovery shall be completed by: 9/7/23 Depositions of expert witnesses may be completed prior to trial if a trial de novo is filed. IT IS FURTHER ORDERED that the trial in this matter is hereby adjourned and a new trial date is set for , 2023. IT IS FURTHER ORDERED that Plaintiff shall produce Answers to Notice to Produce within 10 (ten) days of the Order or suffer sanctions upon application to the Court; IT IS FURTHER ORDERED that a copy of this Order shall be served upon all parties of the record within seven (7) days of receipt of the Order. PIC. HUD-L-001248-22 04/12/2023 6:47:22 PM Pg3o0f3 Trans ID: LCV20231258528 (_) Opposed (_) Unopposed HUD-L-001248-22 04/12/2023 6:47:22 PM Pg1of7 Trans ID: LCV20231258528 Bella I. Pevzner, Esq. Attorney ID No.: 039972004 SOBEL PEVZNER, LLC Attorneys for Defendant IMPERFECT FOODS, INC., 30 Vesey Street, 8th Floor New York, NY 10007 (212) 216-0020 eaeeeee --X FARA SYLVAIN, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: HUDSON COUNTY Plaintiff, DOCKET NO.: HUD-L-2407-19 -against- MD SOHEL UDDIN, ALAM R. MOHAMMED, UBER, JOHN DOES 1-X (said names being fictitious, true names presently unknown), ABC CORP. (said names being fictitious, true names presently unknown), Defendants. _ manenee: wane: naneneneneX FARA SYLVAIN, Plaintiff, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: HUDSON COUNTY -against- DOCKET NO.: HUD-L-1248-22 IMPERFECT FOODS, INC., PENSKE TRUCK LEASING CO., LP., JOHN DOES 1-X (said names CERTIFICATION being fictitious, true names presently unknown), ABC CORP. (said names being fictitious, true names presently unknown), Defendants. a. ao I, Bella I. Pevzner, Esq., of full age hereby certify the following: 1 Iam an attorney at law of the State of New Jersey and a partner with Sobel Pevzner, LLC, which represents Defendant, IMPERFECT FOODS INC.(“Defendant”), in the within HUD-L-001248-22 04/12/2023 6:47:22 PM Pg2of7 Trans ID: LCV20231258528 matter, and as such, I am fully familiar with the facts of the case. 2 This auto negligence case arises out of two motor vehicle accidents. 3. The first accident occurred on July 8, 2017, and is the basis for the complaint under HUD-L-2407-19. 4 The second accident occurred on May 22, 2021, and is the basis for the complaint under HUD-L-1248-22. 5 The initial Discovery End Date for HUD-L-2407-19 was September 17, 2020 and was extended 60 (sixty) days to November 16, 2020, pursuant to Rule 4:24-1(c). (See a copy of the clerk’s notice extending discovery attached hereto as Exhibit A). 6 On October 30, 2020, upon motion by both parties, The Discovery End Date was extended 120 days to March 25, 2021. (See a copy of the Court’s Order attached hereto as Exhibit B; also see a copy of the Court’s Order denying one of the motions as moot attached hereto as Exhibit C). 7 On March 5, 2021, upon motion by defendants MD Sohel Uddin and Alam R. Mohammed, the Discovery End Date was extended 90 days to June 14, 2021. (See a copy of the Court’s Order attached hereto as Exhibit D). 8 On June 11, 2021, upon motion by the plaintiff, the Discovery End Date was extended 120 days to October 12, 2021. (See a copy of the Court’s Order attached hereto as Exhibit E). 9 On October 8, 2021, upon motion by plaintiff, the Discovery End Date was extended 120 days to February 9, 2022. (See a copy of the Court’s Order attached hereto as Exhibit F). 10. On May 13, 2022, upon motion by plaintiff, these two matters were consolidated HUD-L-001248-22 04/12/2023 6:47:22 PM Pg3of7 Trans ID: LCV20231258528 under the docket number HUD-L-2407-19. (See a copy of the Court’s Order attached hereto as Exhibit G; also see attached a copy of the Court’s Order denying plaintiff's motion as moot under HUD-L-1248-22 annexed hereto as Exhibit H). 11. The Order further stated a new DED is to be established with the filing of the first Answer or 90 days from service on the first defendant, whichever comes first under L-1248-22. See Exhibit G. 12. This order also required Plaintiff to provide written discovery, medicals and narrative reports pertaining to the subsequent accident by September 20, 2022. See Exhibit G. 13. On September 9, 2022, upon motion by defendants MD Sohel Uddin and Alam R. Mohammed, the Discovery End Date was extended to January 10, 2023. (See a copy of the Court’s Order attached hereto as Exhibit I). 14, My office Answered on behalf of Imperfect Foods, Inc. on October 19, 2022 and the Court entered an Order on October 20, 2022 vacating any default and permitting Defendant to Answer out of time. (See a copy of the Court’s Order attached hereto as Exhibit J). 15. On December 2, 2022, following a motion made by Defendant, the Court entered an Order denying Defendant’s request to extend the Discovery End Date as Defendant failed to append a discovery order from October 30, 2022 which denied one of the party’s discovery motions as moot. (See a copy of the Court’s Order attached hereto as Exhibit K). 16. On January 6, 2023, following a motion made by Defendant Imperfect Foods, Inc, the Court entered an Order denying Defendant’s motion to extend discovery as improperly filed under docket L-2407-19. However, the Court noted that the cases were consolidated under docket L-1248-22 and therefore, the Discovery End Date for these consolidated matters is May 10, 2023. (See a copy of the Court’s Order attached hereto as Exhibit L) HUD-L-001248-22 04/12/2023 6:47:22 PM Pg4of7 Trans ID: LCV20231258528 17. Defendant served its initial demands, which included Answers to Form A Interrogatories and HIPAA compliant authorizations along with its Answer on October 19, 2022. (See a copy of Defendant’s Answer attached hereto as Exhibit M). 18. On November 7, 2022, my office sent a letter to plaintiff asking to adjourn plaintiff's deposition, which was previously scheduled for November 8, 2022, and informed plaintiff in good faith that plaintiff had not supplied my office with Answers to Form Interrogatories and HIPAA compliant medical record authorizations. (See a copy of Defendant’s letter attached hereto as Exhibit N). 19. On November 7, 2022, Defendant informed Plaintiff via E-mail correspondence that Interrogatory Answers regarding Plaintiff's original accident are insufficient to fulfill its discovery requirements as Interrogatory Answers for Plaintiff's subsequent accident are required due to the accidents being completely unrelated and almost four years apart. 20. On November 8, 2022, via E-mail correspondence Defendant again informed Plaintiff that Defendant is demanding Answers to Form Interrogatories and HIPAA compliant authorizations. 21, Thereafter, Defendants followed up for the outstanding discovery. Specifically, Defendants followed up by way of phone calls as well as a good faith letter sent on January 27, 2023. (See a copy of Defendants good faith letter dated January 27, 2023 as Exhibit Q) 22. On January 30, 2023, Defendant had finally received Answers to Form Interrogatories for the subsequent accident as well as some HIPAA compliant authorizations. (See a copy of Plaintiff's Answer to Form A Interrogatories for subsequent accident attached hereto as Exhibit 0). 23. Since January 30, 2023, Defendant has reviewed Plaintiff's discovery responses as HUD-L-001248-22 04/12/2023 6:47:22 PM Pg5of7 Trans ID: LCV20231258528 well as HIPAA authorizations. To that end, Defendant processed the authorization in an effort to secure medical records from those medical providers, whose authorizations the Defendant received. 24. On February 7, 2023, Defendant served plaintiff with a Notice to Produce, upon the review of the Plaintiffs interrogatories. As of the filing of this motion, Plaintiff has not provided a response to same. (See a copy of Defendant’s Notice to Produce attached hereto as Exhibit P).Given the necessary discovery still needing to be obtained, my office is unable to proceed with depositions or obtain an IME of the plaintiff within the current deadlines prescribed by the Court. 25. Due to the late nature of the Defendant being brough into this action, and the level of discovery and the issues presented herein, Defendant respectfully requests a 120-day extension of the current Discovery End Date. Otherwise, the Defendant will be severely prejudiced in the defense of this matter. 26. Upon receipt of Plaintiff's response to Notice to Produce, Defendant requires time to process the authorization, obtain Plaintiffs medical records from the treating providers, potentially request supplemental discovery demands, conduct Plaintiff's EBT, and have Plaintiff undergo an Independent Medical Examination. 27. Due to Plaintiffs dilatory tactics in providing discovery for this subsequent accident, Defendant has been unable to proceed with defending this case despite good faith attempts to procure the required discovery. 28. In addition, Defendant respectfully request an adjournment of the current trial date. In light of the above, Defendant has displayed exceptional circumstances requiring extension of the current trial date. 29. Exceptional circumstances exist when the movant demonstrates: (1) why discovery HUD-L-001248-22 04/12/2023 6:47:22 PM Pg6of7 Trans ID: LCV20231258528 has not been completed within time and counsels’ diligence in pursuing discovery during that time; (2) the additional discovery sought is essential; (3) an explanation for counsel’s failure to request an extension of time for discovery within the original time period [not applicable in the instant case]; and (4) the circumstances presented were clearly beyond the control of the attorney and litigant seeking the extension of time. Rivers v. LSC Partnership, 378 N.J. Super. 68, 79 (App. Div. 2005). 30. This outstanding discovery the Defendant is seeking is relevant and essential for the defense of this matter. Plaintiff is alleging injuries to the same body parts for accidents that occurred nearly four (4) years apart from each other. Certainly, the Defendant is entitled to secure all of plaintiff's medical records from both accidents in an effort to properly defend and litigate this case. 31. It is respectfully requested that the Court compel the plaintiff to respond to Defendants Notice to Produce dated February 7, 2023 within 10 days of the Court’s Order. 32. Once in receipt of the HIPAA compliant authorizations per request in the Notice to Produce, Defendant will immediately process the authorizations to obtain medical treatment records. 33. Upon the receipt of medical treatment records, the Defendant will be in a position to proceed with plaintiffs deposition. 34. Once plaintiff's deposition is completed, Defense counsel will promptly schedule plaintiff's Independent Medical Examination (IME). 35. Defendant will be severely prejudiced in the defense of this matter if not permitted additional time to complete the foregoing discovery and have the trial of this matter adjourned. 36. The foregoing described delay is through no fault of the Defendant’s and is due to HUD-L-001248-22 04/12/2023 6:47:22 PM Pg7of7 Trans ID: LCV20231258528 the dilatory conduct on the part of the plaintiff. 37. The parties were advised of the Defendant’s request for an extension of the Discovery End Date, Co-Defendant’s counsel for MD Sohel Uddin and Alam R. Mohammed indicated his consent for this extension, no response was received from the Plaintiff. 38. This relief is being requested prior to the expiration of the Discovery End Date. 39. In light of the foregoing and for good cause and exceptional circumstances shown, it is respectfully requested that the Court enter the proposed Order extending discovery for a period of 120 days. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. oma LC lla Pevzner, Esq. IM orn fo ndant [PERFECT FOODS, INC. Date: x| VS HUD-L-001248-22 04/12/2023 6:47:22 PM Pglof1 Trans ID: LCV20231258528 PROOF OF SERVICE On this date I, Rimma Shulman, a paralegal with Sobel Pevzner, LLC, do hereby certify that the herein MOTION TO EXTEND DISCOVERY END DATE AND COMPEL DISCOVERY was electronically filed with the Superior Court of New Jersey, Hudson County, Law Division and a true copy was mailed via U.S. Postal Service First-Class Mail to: Daniel N. Epstein, Esq. Attorneys for Plaintiff 200 Metroplex Drive, Suite 304 Edison, NJ 08817 Tel: (732) 828-8600 Attorney for Plaintiff Charles M. Hammer, Esq. Two Executive Drive, Suite 260 Fort Lee, NJ. 07024 Ph#: 201-461-2327 Fax#: 201-461-1948 Attorney for Defendants MD SOHEL UDDIN, ALAM R. MOHAMMED I certify that the foregoing statements made by me are true. I én it if any of the foregoing statements by me are willfully false, I am subject to punis! ent. Date: $fi2 23 —