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ESX-L-001074-22 04/05/2023 9:45:32 AM Pglof1 Trans ID: LCV20231180764
Harvey R. Pearlman, Esq. - #217251966
Friedman Kates Pearlman & Fitzgerald
A Professional Corporation
155 Park Avenue — Suite 201C
Lyndhurst, New Jersey 07071
Attorneys for Plaintiff
Superior Court of New Jersey
Law Division — Essex County
Docket No. ESX-L-001074-22
Michael Dare,
Plaintiff Order Compelling Production
Vs.
Shamel Esperance, GEICO &
John Does (1-3)
This matter being opened to the Court by Friedman Kates Pearlman & Fitzgerald, a
Professional Corporation, attorneys for the plaintiff, Michael Dare, on Motion pursuant to R. 4:18 &
4:23-5, to compel production of color prints of the photographs of the damaged vehicles in the
possession of defendant GEICO; and for good cause shown;
It is on this day of April, 2023, ORDERED:
1, that the plaintiff's motion is GRANTED and that color prints of the photographs of the damaged
vehicles in the possession of defendant GEICO be produced by defendant GEICO and delivered to
plaintiff’s counsel within days of the date of this Order.
Hon. Mayra V. Tarantino, J.S.C.:
Opposed
Unopposed
ESX-L-001074-22 04/05/2023 9:45:32 AM Pglof2 Trans ID: LCV20231180764
Harvey R. Pearlman, Esq. - #217251966
FRIEDMAN, KATES, PEARLMAN & FITZGERALD
A Professional Corporation
155 Park Avenue = Suite 201¢c
Lyndhurst, New Jersey 07071
Tel. No. (201) 438-5600
Attorneys for Plaintiffs
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - ESSEX COUNTY
MICHAEL DARE
Plaintiff,
DOCKET NO. ESX-L-001074-22
vs.
SHAMEL ESPERANCE, GOVERNMENT
EMPLOYEES INSURANCE COMPANY
and JOHN DOES (1-3) CIVIL ACTION
Defendants, NOTICE OF MOTION TO COMPEL PRODUCTION
OF DOCUMENTS PURSUANT TO R.4:18 & R.4:23-5
TO: Dorothy Davis, Esq.
Law Offices of Leslie A. DeTorres
300 Executive Drive
West Orange, New Jersey 07052
Attorney for GEICO
RETURNABLE: April 28, 2023 at 9:00 A.M.
PLACE: Superior Court New of Jersey, Law
Division, Essex Hall
County, of Records,
465 Dr. Martin Luther King Jr. Blvd.,
Newark, New Jersey 07102.
RELIEF SOUGHT: An Order compelling defendant GEICO to
produce color prints of the photographs
in said defendant’s possession of the
vehicles involved in the subject accident
in their damaged condition including but
not limited to those photographs,
photocopies of which were attached to
defendant GEICO’s Answers to Form C &
Form C(1) Interrogatories.
SUPPORTING DOCUMENTS: Certification of Harvey R. Pearlman, Esq.
and form of Order.
CERTIFICATIONS: 1. This motion is submitted pursuant
to Rule 1:6-2. It is submitted to the
Court for ruling on the papers and if
no objections are timely filed, oral
argument should be deemed to be waived
and the enclosed Order executed if
ESX-L-001074-22 04/05/2023 9:45:32 AM Pg2of2 Trans ID: LCV20231180764
it meets with the Court’s approval.
2. The present discovery end date in this
case is June 26, 2023.
3. I hereby certify that I attempted in
good faith to resolve this matter without
filing a motion by letter to defense
counsel dated April 1, 2023 in which I
stated that if I did not receive
compliance in 7 days, I would be compelled
to file the appropriate motion. Defense
counsel responded to my letter by letter
dated April 3, 2023 essentially indicating
that she would not comply with my Notice
to Produce.
4. I hereby certify that on April 5,
2023 the within motion was e-filed and a
courtesy copy was sent that day to the
Honorable Maya V. Tarantino, J.S.C.
FRIED KATES, PEARLMAN & /FITZGERALD
A Pr esgional Corpo: ti
Attoyney/ for Plai:
By
HARVEY R
For the irm
Dated: April 5, 2023
ESX-L-001074-22 04/05/2023 9:45:32 AM Pglof4 Trans ID: LCV20231180764
Harvey R. Pearlman, Esq. = #217251966
FRIEDMAN, KATES, PEARLMAN & FITZGERALD
A Professional Corporation
155 Park Avenue - Suite 201C
Lyndhurst, New Jersey 07071
Tel. No. (201) 438-5600
Attorneys for Plaintiff
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - ESSEX COUNTY
MICHAEL DARE
Plaintiff,
DOCKET NO. ESX-L-001074-22
vs.
SHAMEL ESPERANCE, GOVERNMENT
EMPLOYEES INSURANCE COMPANY
and JOHN DOES (1-3) CIVIL ACTION
Defendants,
CERTIFICATION OF COUNSEL
HARVEY R. PEARLMAN hereby certifies as follows:
1. I am an attorney at law of the State of New Jersey; am a
member of the law firm of Friedman, Kates, Pearlman & Fitzgerald,
A Professional Corporation, attorney for the plaintiff, Michael
Dare, and I am the attorney entrusted with the handling of the
above captioned matter on behalf of the plaintiff.
2. The above captioned matter is an uninsured motorist
lawsuit arising out of an incident which occurred on November 6,
2021 in which the plaintiff, Michael Dare, sustained injuries when
his motor vehicle was stopped behind another vehicle which was
stopped for a red light when my client was rear ended by a motor
vehicle operated by defendant Shamel Esperance, an uninsured
motorist. We filed a Complaint for plaintiff on February 16, 2022
against defendant Shamel Esperance, the uninsured driver, and
GEICO, plaintiff’s uninsured motorist insurance carrier. A default
was entered against defendant Esperance on April 4, 2022.
ESX-L-001074-22 04/05/2023 9:45:32 AM Pg2of4 Trans ID: LCV20231180764
3. The plaintiff Michael Dare suffered herniated discs in his
neck and lower back in this accident and received two rounds of
epidural steroid injections in February and March of 2022 and 2
rounds of epidural injections in February of 2023. The epidurals
did not provide significant relief to my client and a
microdiscectomy was recommended by his treating physician which is
scheduled for April 12, 2023.
4. It is important that I be able to establish the severity of
the impact of the rear-end hit that caused my client’s injuries.
Unfortunately the pictures my client took at the scene of the
accident showing the damage to his vehicle are not very good. When
GEICO’s defense counsel took my client’s deposition on December 21,
2022, she displayed photographs taken by GEICO’s investigator which
showed the damage to my client’s vehicle and were far superior to
the photographs taken by my client. Photocopies of these
photographs were attached to GEICO’s Answers to Interrogatories
(copies attached as Exhibit A) and were presumably the ones shown
to my client at his deposition by defense counsel.
5. Since I anticipate I am going to offer into evidence at the
trial of this case, the photographs that GEICO took showing the
damage to my client’s car, I wrote to defense counsel on February
17, 2023 requesting color prints of the photographs of my client’s
car which were attached to GEICO’s Answers to Interrogatories. I
indicated that I would pay the cost of same (Exhibit B). Defense
counsel responded that I should print out the photographs attached
to GEICO’s Answers to Interrogatories, using a color printer or
have a printing company print them out for me (Exhibit C). When I
responded that I didn’t have a color printer (Exhibit C), defense
ESX-L-001074-22 04/05/2023 9:45:32 AM Pg3o0f4 Trans ID: LCV20231180764
counsel suggested I buy one or go to Staples or Kinkos to print out
the color prints. Counsel explained that she works from home and
it would be too burdensome for her to drive to her office in West
Orange to print out the photographs and mail them to me. (Exhibit
c).
6. I don’t work from home but I don’t criticize counsel for
doing so. However, her employer, defendant GEICO, is one of the
largest auto insurers in our State, if not the largest. I cannot
imagine that they don’t have employees working in their West Orange
office, where Ms. Davis is assigned, who could print out the
photographs in question and send them to me.
7. Faced with what I considered to be an unreasonable response
to a rather routine request, I decided at that point, I really had
to make my request in a more formal manner and so on February 24,
2023 I sent defense counsel a Notice to Produce (Exhibit D).
8. When I received no response to my Notice to Produce, I made
a good faith attempt to resolve the matter without filing a motion
by writing to defense counsel on April 1, 2023, giving her an
additional 7 days to comply with the request contained in my Notice
to Produce (Exhibit E) and stating that if I did not receive
compliance by April 10, 2023, I would file the appropriate motion.
9. On April 3, 2023, I received the attached response (Exhibit
F) in which counsel refused to comply with my Notice to Produce and
cited R.4:18-1(C) as the basis for her refusal, Stating that a
“party need not produce the same electronically stored information
in more than one form." Comment 2.2 to the Rule explains this
provision. The comment states; "With respect to electronically
stored information, if there is no designated form requested it
ESX-L-001074-22 04/05/2023 9:45:32 AM Pg4of4 Trans ID: LCV20231180764
must be produced in the form in which it is maintained or in a
reasonably useable form. It need not be produced in more than one
form." In our case, I did designate in my Notice to Produce the
form requested; namely, color prints. Comment 2.1 to the Rule
states that I can do this. This comment states: "The rule permits
the requesting party to designate the form in which electronic
stored information is to be produced." I did not request that
Counsel produce the photographs in more than one form. I am only
requesting one form; namely, color prints of the photographs in
question.
10. I am not seeking any sanctions allowable under R.4:23-5 as
I just want the color prints.
I hereby certify that the foregoing statements made by me are
we
true. I am aware that if any of the foregoing statements made by
me are willfully false, Iam s ject to punishment.
i
RVEY R.
Dated: April 5, 2023
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Version 01
Image FileName HOTO10
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Insured are, Michael
Policy Number 6076996584
Claimant : Dare, Michael
Year 12018
Make : Lexus
Model + GX 460 4WD
VIN : JTIBM7PX6J5194424
Loss Date 24110672021
Appraiser : WILSON, DANIEL
Photo Added Date 11/09/2021
EXHIBIT AX
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Image FileName :PHOTO14
Image Label 1 Add Photo
Insured : Dare, Michael
Policy Number 1076990504
Claimant : Dare, Michael
Year 12018
Make : Lexus
Model GX 460 4WD
VIN 1 JTJBM7FX6J5194424
Loss Date 2 14/06/2021
Appraiser : WILSON, DANIEL
Photo Added Date 311/09/2024
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Claim Number 1 8734523910000001-01
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Image FileName :PHOTOT4
Image Label : Right Front
Insured : Dare, Michael
Pollcy Number 16075996504
Claimant : Dare, Michael
Year 12018
Make t Lexus
Model + GX 460 4WD
VIN + STIBM7FX8J5194424
Loss Date 11/06/2021
Appraiser : WILSON, DANIEL
Photo Added Date 14/09/2024
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Insured : Dare, ichael
Policy Numbar 18076996504
Claimant : Dare, Michael
Year +2018
Make 7 Lexus
Model : GX 460 4WD
VIN 3: STIBM7FX6J5194424
Loss Date 1106/2021
Appraiser + WILSON, DANIEL,
Photo Added Date 11/09/2021
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Claim Number 1 8724523910000001.01
Varsion B01
Image FileName : PHOTO
Image Label : Left Close-up
Insured : Dare, Michael
Policy Number 16076996584
Claimant : Dare, Michael
Year 12018
Make : Lexus
Model 1 GX 460 4WD
VIN 1 dTJBM7FX6J5194424
Loss Date 21110672021
Appraiser : WILSON, DANIEL
Photo Added Date 311/09/2021
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Claim Number :8724528910000001-01
Version + B04
Image FileName : PHOTO7
Image Label : Right Close-up
Insured : Dare, Michael
Policy Number + 6076996504
Claimant : Dare, jichael
Year 12018
Make Lexus
Mode} :GX 460 42WD
VIN 3: JTIBM7FX6J5194424
Loss Date + 14/06/2021
Appraiser : WILSON, DANIEL,
Photo Added Date 3 11/09/2021
ESX-L-001074-22 04/05/2023 9:45:32 AM Pglof1 Trans ID: LCV20231180764
LAW OFFICES
FRIEDMAN, KATES, PEARLMAN & FITZGERALD
A PROFESSIONAL CORPORATION
185 Park Avenue, Suite 201 C
LYNDHURST, NJ 07071
Tel (201) 438-5600
Fax (201) 438-4037
www Akpt.info
HARVEY R. PEARLMAN (hrp.fkpf@verizon.net)
CERTIFIED BY THE SUPREME COURT OF JAMES FITZGERALD
NEW JERSEY AS A CIVIL TRIAL ATTORNEY (RETIRED)
February 17, 2023 MARTIN M. FRIEDMAN
(1929-1990)
DONALD S. KATES
(1927-2014)
Email at DorothyDavis@qeico.com & ordinary mail
Dorothy C. Davis, Esq.
Law Offices of Leslie A. Detorres
300 Executive Drive,. Suite 240
West Orange, New Jersey 07052
R Cs Dare v. Esperance & GEIC
Docket No. ESX-L-001074-22
Dear Ms. Davis:
I need to obtain color prints of the photographs of my
client’s car attached to your c lient’ s
Answers to Interrogatories.
If you will let me know the cost of s ame,
I will forwa rd a check to
you.
yey hery/ 4
HARVEY R. PEARLMAN
or the Fi
HRP:gp
cc: Michael Dare
eciudadreal@GEICO.com
EXHIBIT §
ESX-L-001074-22 04/05/2023 9:45:32 AM Pg lofi Trans ID: LCV20231180764
From: DorothyDavis@geico.com,
To: hrp.fkpf@verizon.net,
Subject: RE: DARE v. GEICO
Date: Wed, Feb 22, 2023 7:50 am
Morning Harvey. | work from home so for me to mail you color prints, means | drive into the office, print it, make an
envelope, post it, and then put in the mail for you. That’s about an hour minimum of my time. So it would cost you a lot
more to pay me to do it then for you to actually buy a color printer and print them. If you don’t want to buy a color
printer, go to Staples or Kinkos or mailboxes etc or Walgreens and have them print it in color. Dorothy
From: hrp.fkpf@verizon.net
Sent: Wednesday, February 22, 2023 6:40 AM
To: Davis, Dorothy
Subject: Re: DARE v. GEICO
CAUTION External email: Proceed with caution on clicking links or opening
attachments. Report suspicious emails using the Phish Alert Button.
Dorothy: | don't have a color printer. Can you please send me the prints. | will pay the costs. Just tell me what they are.
Harvey
mann Original Message-----
From: Davis, Dorothy
To: hrp.fkpf@verizon.net ; Ciudad Real, Erica
Cc: michaeldare462@gmail.com
Sent: Tue, Feb 21, 2023 6:26 pm
Subject: RE: DARE v. GEICO
Harvey, If you want hard copies of the pictures | sent you of plaintiff's vehicle, then you can print them out using your color
printer or have a printing company print them on something like you did for the films. Dorothy
From: ‘hrp.tkpf@verizon.net
Sent: Friday, February 17, 2023 1 ‘5 AM
To: Davis, Dorothy ; Ciudad Real, Erica
Ce: michaeldare462@gmail.com
Subject: DARE v. GEICO
CAUTION External email: Proceed with caution on clicking links or opening
attachments. Report suspicious emails using the Phish Alert Button.
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recipient(s) and may contain confidential and privileged information.
EXHIBITC
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email/fax is prohibited. If you are not the intended recipient, please
destroy all paper and electronic copies of the original message.
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ESX-L-001074-22 04/05/2023 9:45:32 AM Pglof2 Trans ID: LCV20231180764
LAW OFFICES
FRIEDMAN, KATES, PEARLMAN & FITZGERALD
A PROFESSIONAL CORPORATION
155 Park Avenue, Suite 201 C
LYNDHURST, NJ 07071
Tel (201) 438-5600
Fax (201) 438-4037
www.fkpf.info
HARVEY R. PEARLMAN (hrp.fkpf@verizon.net)
JAMES FITZGERALD
CERTIFIED BY THE SUPREME COURT OF (RETIRED)
NEW JERSEY AS A CIVIL TRIAL ATTORNEY
MARTIN M. FRIEDMAN
February 24, 2023 (1929-1980)
DONALD S. KATES
(1927-2014)
Email at DorothyDavis@geico.com & ordinary mail
Dorothy C. Davis, Esq.
Law Offices of Leslie A. Detorres
300 Executive Drive,. Suite 240
West Orange, New Jersey 07052
Re: Dare v. Esperance & GEICO
Docket No. ESX-L-001074-22
Dear Ms. Davis:
I now enclose Notice to Produce to .be responded to in
accordance with R.4:18.
fre aA ‘° ,
HARVEY R. FERRER
Preview
ESX-L-001074-22 04/05/2023 9:45:32 AM Pglof1 Trans ID: LCV20231180764 Harvey R. Pearlman, Esq. - #217251966 Friedman Kates Pearlman & Fitzgerald A Professional Corporation 155 Park Avenue — Suite 201C Lyndhurst, New Jersey 07071 Attorneys for Plaintiff Superior Court of New Jersey Law Division — Essex County Docket No. ESX-L-001074-22 Michael Dare, Plaintiff Order Compelling Production Vs. Shamel Esperance, GEICO & John Does (1-3) This matter being opened to the Court by Friedman Kates Pearlman & Fitzgerald, a Professional Corporation, attorneys for the plaintiff, Michael Dare, on Motion pursuant to R. 4:18 & 4:23-5, to compel production of color prints of the photographs of the damaged vehicles in the possession of defendant GEICO; and for good cause shown; It is on this day of April, 2023, ORDERED: 1, that the plaintiff's motion is GRANTED and that color prints of the photographs of the damaged vehicles in the possession of defendant GEICO be produced by defendant GEICO and delivered to plaintiff’s counsel within days of the date of this Order. Hon. Mayra V. Tarantino, J.S.C.: Opposed Unopposed ESX-L-001074-22 04/05/2023 9:45:32 AM Pglof2 Trans ID: LCV20231180764 Harvey R. Pearlman, Esq. - #217251966 FRIEDMAN, KATES, PEARLMAN & FITZGERALD A Professional Corporation 155 Park Avenue = Suite 201¢c Lyndhurst, New Jersey 07071 Tel. No. (201) 438-5600 Attorneys for Plaintiffs SUPERIOR COURT OF NEW JERSEY LAW DIVISION - ESSEX COUNTY MICHAEL DARE Plaintiff, DOCKET NO. ESX-L-001074-22 vs. SHAMEL ESPERANCE, GOVERNMENT EMPLOYEES INSURANCE COMPANY and JOHN DOES (1-3) CIVIL ACTION Defendants, NOTICE OF MOTION TO COMPEL PRODUCTION OF DOCUMENTS PURSUANT TO R.4:18 & R.4:23-5 TO: Dorothy Davis, Esq. Law Offices of Leslie A. DeTorres 300 Executive Drive West Orange, New Jersey 07052 Attorney for GEICO RETURNABLE: April 28, 2023 at 9:00 A.M. PLACE: Superior Court New of Jersey, Law Division, Essex Hall County, of Records, 465 Dr. Martin Luther King Jr. Blvd., Newark, New Jersey 07102. RELIEF SOUGHT: An Order compelling defendant GEICO to produce color prints of the photographs in said defendant’s possession of the vehicles involved in the subject accident in their damaged condition including but not limited to those photographs, photocopies of which were attached to defendant GEICO’s Answers to Form C & Form C(1) Interrogatories. SUPPORTING DOCUMENTS: Certification of Harvey R. Pearlman, Esq. and form of Order. CERTIFICATIONS: 1. This motion is submitted pursuant to Rule 1:6-2. It is submitted to the Court for ruling on the papers and if no objections are timely filed, oral argument should be deemed to be waived and the enclosed Order executed if ESX-L-001074-22 04/05/2023 9:45:32 AM Pg2of2 Trans ID: LCV20231180764 it meets with the Court’s approval. 2. The present discovery end date in this case is June 26, 2023. 3. I hereby certify that I attempted in good faith to resolve this matter without filing a motion by letter to defense counsel dated April 1, 2023 in which I stated that if I did not receive compliance in 7 days, I would be compelled to file the appropriate motion. Defense counsel responded to my letter by letter dated April 3, 2023 essentially indicating that she would not comply with my Notice to Produce. 4. I hereby certify that on April 5, 2023 the within motion was e-filed and a courtesy copy was sent that day to the Honorable Maya V. Tarantino, J.S.C. FRIED KATES, PEARLMAN & /FITZGERALD A Pr esgional Corpo: ti Attoyney/ for Plai: By HARVEY R For the irm Dated: April 5, 2023 ESX-L-001074-22 04/05/2023 9:45:32 AM Pglof4 Trans ID: LCV20231180764 Harvey R. Pearlman, Esq. = #217251966 FRIEDMAN, KATES, PEARLMAN & FITZGERALD A Professional Corporation 155 Park Avenue - Suite 201C Lyndhurst, New Jersey 07071 Tel. No. (201) 438-5600 Attorneys for Plaintiff SUPERIOR COURT OF NEW JERSEY LAW DIVISION - ESSEX COUNTY MICHAEL DARE Plaintiff, DOCKET NO. ESX-L-001074-22 vs. SHAMEL ESPERANCE, GOVERNMENT EMPLOYEES INSURANCE COMPANY and JOHN DOES (1-3) CIVIL ACTION Defendants, CERTIFICATION OF COUNSEL HARVEY R. PEARLMAN hereby certifies as follows: 1. I am an attorney at law of the State of New Jersey; am a member of the law firm of Friedman, Kates, Pearlman & Fitzgerald, A Professional Corporation, attorney for the plaintiff, Michael Dare, and I am the attorney entrusted with the handling of the above captioned matter on behalf of the plaintiff. 2. The above captioned matter is an uninsured motorist lawsuit arising out of an incident which occurred on November 6, 2021 in which the plaintiff, Michael Dare, sustained injuries when his motor vehicle was stopped behind another vehicle which was stopped for a red light when my client was rear ended by a motor vehicle operated by defendant Shamel Esperance, an uninsured motorist. We filed a Complaint for plaintiff on February 16, 2022 against defendant Shamel Esperance, the uninsured driver, and GEICO, plaintiff’s uninsured motorist insurance carrier. A default was entered against defendant Esperance on April 4, 2022. ESX-L-001074-22 04/05/2023 9:45:32 AM Pg2of4 Trans ID: LCV20231180764 3. The plaintiff Michael Dare suffered herniated discs in his neck and lower back in this accident and received two rounds of epidural steroid injections in February and March of 2022 and 2 rounds of epidural injections in February of 2023. The epidurals did not provide significant relief to my client and a microdiscectomy was recommended by his treating physician which is scheduled for April 12, 2023. 4. It is important that I be able to establish the severity of the impact of the rear-end hit that caused my client’s injuries. Unfortunately the pictures my client took at the scene of the accident showing the damage to his vehicle are not very good. When GEICO’s defense counsel took my client’s deposition on December 21, 2022, she displayed photographs taken by GEICO’s investigator which showed the damage to my client’s vehicle and were far superior to the photographs taken by my client. Photocopies of these photographs were attached to GEICO’s Answers to Interrogatories (copies attached as Exhibit A) and were presumably the ones shown to my client at his deposition by defense counsel. 5. Since I anticipate I am going to offer into evidence at the trial of this case, the photographs that GEICO took showing the damage to my client’s car, I wrote to defense counsel on February 17, 2023 requesting color prints of the photographs of my client’s car which were attached to GEICO’s Answers to Interrogatories. I indicated that I would pay the cost of same (Exhibit B). Defense counsel responded that I should print out the photographs attached to GEICO’s Answers to Interrogatories, using a color printer or have a printing company print them out for me (Exhibit C). When I responded that I didn’t have a color printer (Exhibit C), defense ESX-L-001074-22 04/05/2023 9:45:32 AM Pg3o0f4 Trans ID: LCV20231180764 counsel suggested I buy one or go to Staples or Kinkos to print out the color prints. Counsel explained that she works from home and it would be too burdensome for her to drive to her office in West Orange to print out the photographs and mail them to me. (Exhibit c). 6. I don’t work from home but I don’t criticize counsel for doing so. However, her employer, defendant GEICO, is one of the largest auto insurers in our State, if not the largest. I cannot imagine that they don’t have employees working in their West Orange office, where Ms. Davis is assigned, who could print out the photographs in question and send them to me. 7. Faced with what I considered to be an unreasonable response to a rather routine request, I decided at that point, I really had to make my request in a more formal manner and so on February 24, 2023 I sent defense counsel a Notice to Produce (Exhibit D). 8. When I received no response to my Notice to Produce, I made a good faith attempt to resolve the matter without filing a motion by writing to defense counsel on April 1, 2023, giving her an additional 7 days to comply with the request contained in my Notice to Produce (Exhibit E) and stating that if I did not receive compliance by April 10, 2023, I would file the appropriate motion. 9. On April 3, 2023, I received the attached response (Exhibit F) in which counsel refused to comply with my Notice to Produce and cited R.4:18-1(C) as the basis for her refusal, Stating that a “party need not produce the same electronically stored information in more than one form." Comment 2.2 to the Rule explains this provision. The comment states; "With respect to electronically stored information, if there is no designated form requested it ESX-L-001074-22 04/05/2023 9:45:32 AM Pg4of4 Trans ID: LCV20231180764 must be produced in the form in which it is maintained or in a reasonably useable form. It need not be produced in more than one form." In our case, I did designate in my Notice to Produce the form requested; namely, color prints. Comment 2.1 to the Rule states that I can do this. This comment states: "The rule permits the requesting party to designate the form in which electronic stored information is to be produced." I did not request that Counsel produce the photographs in more than one form. I am only requesting one form; namely, color prints of the photographs in question. 10. I am not seeking any sanctions allowable under R.4:23-5 as I just want the color prints. I hereby certify that the foregoing statements made by me are we true. I am aware that if any of the foregoing statements made by me are willfully false, Iam s ject to punishment. i RVEY R. Dated: April 5, 2023 ESX-L-001074-22 04/05/2023 9:45:32 AM Pglof6 Trans ID: LCV20231180764 84/84/22 13:29:13 Acevedo, Nadia => Acevedo, Nadia Page 632 a Ne i .a es eedest og i is a EN: ce i wy it ie ke 4 \ ed) vi ou Cecc MS Claim Number }734523910000001-01 Version 01 Image FileName HOTO10 Image Label : Add Photo. Insured are, Michael Policy Number 6076996584 Claimant : Dare, Michael Year 12018 Make : Lexus Model + GX 460 4WD VIN : JTIBM7PX6J5194424 Loss Date 24110672021 Appraiser : WILSON, DANIEL Photo Added Date 11/09/2021 EXHIBIT AX ESX-L-001074-22 04/05/2023 9:45:32 AM Pg2of6 Trans ID: LCV20231180764 84/84/22 13:38:62 Acevedo, Nadia > Acevedo, Nadia Page 833 vs 8 ek fae 8 a ne e a fa es vr ee x i is Ne al uel ARP EEL Claim Number 1 8724528910000001-01 Version B01 Image FileName :PHOTO14 Image Label 1 Add Photo Insured : Dare, Michael Policy Number 1076990504 Claimant : Dare, Michael Year 12018 Make : Lexus Model GX 460 4WD VIN 1 JTJBM7FX6J5194424 Loss Date 2 14/06/2021 Appraiser : WILSON, DANIEL Photo Added Date 311/09/2024 ESX-L-001074-22 04/05/2023 9:45:32 AM Pg 30f6 Trans ID: LCV20231180764 64/84/22 13:38:54 Acevedo, Nadia >> Acevedo, Nadia Page 434 se of Ss SH ® a. is Xe kes ie BS a * a ba ae i i) ii if i ps 2 a a is Sei gos & ee g oe co Ree cese a aS aS , ii ee seis ee a Sil aay ae EZ Claim Number 1 8734523910000001-01 Varsion +604 Image FileName :PHOTOT4 Image Label : Right Front Insured : Dare, Michael Pollcy Number 16075996504 Claimant : Dare, Michael Year 12018 Make t Lexus Model + GX 460 4WD VIN + STIBM7FX8J5194424 Loss Date 11/06/2021 Appraiser : WILSON, DANIEL Photo Added Date 14/09/2024 ESX-L-001074-22 04/05/2023 9:45:32 AM Pg4of6 Trans ID: LCV20231180764 84/84/22 13:31:36 Acevedo, Nadia > Acevedo, Nadia Page 635 72 eo oo en DS ih i nt wi ee at Se { amM Besh a i SH Asi 3 a a iae ie i i ae LRA er Be EIS i) tet EEE Claim Number :B724533910000001-01 Version + £0 Image FileName :PHOTO2 image Label : Center Close-up Insured : Dare, ichael Policy Numbar 18076996504 Claimant : Dare, Michael Year +2018 Make 7 Lexus Model : GX 460 4WD VIN 3: STIBM7FX6J5194424 Loss Date 1106/2021 Appraiser + WILSON, DANIEL, Photo Added Date 11/09/2021 ESX-L-001074-22 04/05/2023 9:45:32 AM Pg5of6 Trans ID: LCV20231180764 84/84/22 13:32:26 Acevedo, Nadia > Acevedo, Nadia Page 636 eye a Se Ay) rS De Ae mea oF is i le a osHe Hi x Ua is ae A Ns. a x eas isis ie Claim Number 1 8724523910000001.01 Varsion B01 Image FileName : PHOTO Image Label : Left Close-up Insured : Dare, Michael Policy Number 16076996584 Claimant : Dare, Michael Year 12018 Make : Lexus Model 1 GX 460 4WD VIN 1 dTJBM7FX6J5194424 Loss Date 21110672021 Appraiser : WILSON, DANIEL Photo Added Date 311/09/2021 ESX-L-001074-22 04/05/2023 9:45:32 AM Pg6of6 Trans ID: LCV20231180764 84/84/22 13:33:15 Acevedo, Nadia > Acevedo, Nadia Page 837 om i ia ieii fie c se if i 2 co ox a A a a Ne Tz) ix TE Lainie Claim Number :8724528910000001-01 Version + B04 Image FileName : PHOTO7 Image Label : Right Close-up Insured : Dare, Michael Policy Number + 6076996504 Claimant : Dare, jichael Year 12018 Make Lexus Mode} :GX 460 42WD VIN 3: JTIBM7FX6J5194424 Loss Date + 14/06/2021 Appraiser : WILSON, DANIEL, Photo Added Date 3 11/09/2021 ESX-L-001074-22 04/05/2023 9:45:32 AM Pglof1 Trans ID: LCV20231180764 LAW OFFICES FRIEDMAN, KATES, PEARLMAN & FITZGERALD A PROFESSIONAL CORPORATION 185 Park Avenue, Suite 201 C LYNDHURST, NJ 07071 Tel (201) 438-5600 Fax (201) 438-4037 www Akpt.info HARVEY R. PEARLMAN (hrp.fkpf@verizon.net) CERTIFIED BY THE SUPREME COURT OF JAMES FITZGERALD NEW JERSEY AS A CIVIL TRIAL ATTORNEY (RETIRED) February 17, 2023 MARTIN M. FRIEDMAN (1929-1990) DONALD S. KATES (1927-2014) Email at DorothyDavis@qeico.com & ordinary mail Dorothy C. Davis, Esq. Law Offices of Leslie A. Detorres 300 Executive Drive,. Suite 240 West Orange, New Jersey 07052 R Cs Dare v. Esperance & GEIC Docket No. ESX-L-001074-22 Dear Ms. Davis: I need to obtain color prints of the photographs of my client’s car attached to your c lient’ s Answers to Interrogatories. If you will let me know the cost of s ame, I will forwa rd a check to you. yey hery/ 4 HARVEY R. PEARLMAN or the Fi HRP:gp cc: Michael Dare eciudadreal@GEICO.com EXHIBIT § ESX-L-001074-22 04/05/2023 9:45:32 AM Pg lofi Trans ID: LCV20231180764 From: DorothyDavis@geico.com, To: hrp.fkpf@verizon.net, Subject: RE: DARE v. GEICO Date: Wed, Feb 22, 2023 7:50 am Morning Harvey. | work from home so for me to mail you color prints, means | drive into the office, print it, make an envelope, post it, and then put in the mail for you. That’s about an hour minimum of my time. So it would cost you a lot more to pay me to do it then for you to actually buy a color printer and print them. If you don’t want to buy a color printer, go to Staples or Kinkos or mailboxes etc or Walgreens and have them print it in color. Dorothy From: hrp.fkpf@verizon.net Sent: Wednesday, February 22, 2023 6:40 AM To: Davis, Dorothy Subject: Re: DARE v. GEICO CAUTION External email: Proceed with caution on clicking links or opening attachments. Report suspicious emails using the Phish Alert Button. Dorothy: | don't have a color printer. Can you please send me the prints. | will pay the costs. Just tell me what they are. Harvey mann Original Message----- From: Davis, Dorothy To: hrp.fkpf@verizon.net ; Ciudad Real, Erica Cc: michaeldare462@gmail.com Sent: Tue, Feb 21, 2023 6:26 pm Subject: RE: DARE v. GEICO Harvey, If you want hard copies of the pictures | sent you of plaintiff's vehicle, then you can print them out using your color printer or have a printing company print them on something like you did for the films. Dorothy From: ‘hrp.tkpf@verizon.net Sent: Friday, February 17, 2023 1 ‘5 AM To: Davis, Dorothy ; Ciudad Real, Erica Ce: michaeldare462@gmail.com Subject: DARE v. GEICO CAUTION External email: Proceed with caution on clicking links or opening attachments. Report suspicious emails using the Phish Alert Button. = oe= This email/fax message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. EXHIBITC Any unauthorized review, use, disclosure or distribution of this email/fax is prohibited. If you are not the intended recipient, please destroy all paper and electronic copies of the original message. ==: This email/fax message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. ESX-L-001074-22 04/05/2023 9:45:32 AM Pglof2 Trans ID: LCV20231180764 LAW OFFICES FRIEDMAN, KATES, PEARLMAN & FITZGERALD A PROFESSIONAL CORPORATION 155 Park Avenue, Suite 201 C LYNDHURST, NJ 07071 Tel (201) 438-5600 Fax (201) 438-4037 www.fkpf.info HARVEY R. PEARLMAN (hrp.fkpf@verizon.net) JAMES FITZGERALD CERTIFIED BY THE SUPREME COURT OF (RETIRED) NEW JERSEY AS A CIVIL TRIAL ATTORNEY MARTIN M. FRIEDMAN February 24, 2023 (1929-1980) DONALD S. KATES (1927-2014) Email at DorothyDavis@geico.com & ordinary mail Dorothy C. Davis, Esq. Law Offices of Leslie A. Detorres 300 Executive Drive,. Suite 240 West Orange, New Jersey 07052 Re: Dare v. Esperance & GEICO Docket No. ESX-L-001074-22 Dear Ms. Davis: I now enclose Notice to Produce to .be responded to in accordance with R.4:18. fre aA ‘° , HARVEY R. FERRER