Motion,Ex Parte: Saginor Hailey Vs Punjabi, Md Kusum

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                MID-L-004764-20           03/01/2024     Pglof4       Trans ID: LCV2024581538
     MID-L -004764-20         02/14/2024 10:1    38 PM     Pg   1of3   Trans ID: LCV2024408015



MACNEILL, O'NEILL, RIVELES & SPITZER, LLC                                              FILED
ANELIA DIKOVYTSKA BROWN (115092014)
240 CEDAR KNOLLS ROAD, SUITE 104                                                        MAR i ~ 2024
CEDAR KNOLLS, NJ   07927
973-409-6600                                                                      Patrick J. Bradshaw, J.S.C.
ATTORNEYS FOR DEFENDANTS, BIND! A. PATEL, D.O., AND JACOB SAGE, MD.
Our FILE No. 9028.05256

 HAILY SAGINOR AND ANDREW               SAGINOR,            SUPERIOR COURT OF NEW JERSEY
 HER HUSBAND,                                                  LAW DIVISION: MIDDLESEX
                                                                        COUNTY
                                           Plaintiffs, :              CIVIL PART

                        vs.                                       DOCKET NO.: MID-L-4764-20
KUSUM PUNJABI, M.D., BINDI A. PATEL,                                     CIVIL ACTION
D.O., JACOB SAGE, M.D., ERICA PALADINI,
P.A., VALERIE MCRAE, M.D., VRAJESH
MEHTA, M.D., SUSAN ANDERSON, CRNA,                                 ORDER REOPENING AND
USHMA THOMAS, M.D., KRUPA DESAI,
                                                                   EXTENDING DISCOVERY
M.D., INDIVIDUALLY, AND/OR IN THEIR
CAPACITY AS AGENTS, SERVANTS
AND/OR EMPLOYEES OF ROBERT WOOD
JOHNSON UNIVERSITY
HOSPITAL/RWJBARNABAS HEALTH;
SANFORD WHITE, M.D., INDIVIDUALLY,
AND IN HIS CAPACITY AS AN AGENT,
SERVANT AND/OR EMPLOYEE OF
SANFORD F. WHITE, M.D. OBSTETRICS
AND GYNECOLOGY, LLC; SANFORD F.
WHITE MD OBSTETRICS AND
GYNECOLOGY, LLC; ROBERT WOOD
JOHNSON UNIVERSITY
HOSPITAL/RWJBARNABAS HEALTH, JOHN
DOE, M.D., D.O. 1-10 (SAID NAMES
FICTITIOUS, REAL NAMES UNKNOWN, IN
THEIR CAPACITY AS MEDICAL CARE
PROVIDERS, OR INDIVIDUALS WHO ARE
IN ANY WAY CONNECTED TO
TREATMENT OF PLAINTIFF), JANE DOE
R.N., P.A. (SAID NAMES FICTITIOUS, REAL
NAMES UNKNOWN, IN THEIR CAPACITY
AS MEDICAL CARE PROVIDERS OR
INDIVIDUALS WHOA RE IN ANY WAY
CONNECTED TO TREATMENT OF
PLAINTIFF), AND/OR MEDICAL
PROFESSIONAL 1-10 (SAID NAMES
FICTITIOUS, REAL NAMES, UNKNOWN, IN
THEIR CAPACITY AS MEDICAL CARE
PROVIDER, OR INDIVIDUALS WHO ARE IN
ANY WAY CONNECTED TO TREATMENT
OF PLAINTIFF), AND ABC CORP. 1-5 (SAID
NAMES FICTITIOUS, REAL NAMES,
MID-L-004764-20      03/01/2024     Pg2of4     Trans ID: LCV2024581538
          MID-L -004764-20    02/14/2024 10:10:38 PM    Pg2of3      Trans ID: LCV2024408015

  UNKNOWN, IN THEIR CAPACITY  AS
  MEDICAL CARE PROVIDER, OR
  INDIVIDUALS WHO ARE IN ANY WAY
  CONNECTED TO TREATMENT OF
  PLAINTIFF),

                                         Defendants.


           THIS     MATTER   having been brought before this Court on application of MacNeill,

 O'Neill, Riveles & Spitzer, LLC, attorneys for Defendants, Bindi A. Patel, D.O., and Jacob Sage

 MD., and on Notice to Kaeleigh Christie, Esq., Gill   & Chamas, Esqs., counsel for Plaintiffs, Hailey

 Saginor and Andrew       Saginor, her husband,   for entry of an Order reopening and extending

 discovery in the above-captioned matter to March 29, 2024; and the Court having considered the

 moving papers, heard the arguments of counsel, if any, and good cause as well as exceptional

 circumstances having been shown:

           IT IS on this _'St gay of     March                 + 2024;

           ORDERED      that the discovery be and is hereby reopened and the discovery end date

extended to June 28, 2024; and it is further

           ORDERED      that Defendants are to serve supplemental        expert reports addressing the

records served by Plaintiffs’ counsel on February 13, 2024 on or before March 14, 2024: and it is

further

          ORDERED that the parties shall complete expert depositions on or before June 28, 2024:

and it is further

          ORDERED that any and all dispositive motions shall be filed by July 30, 2024; and it is

further
MID-L-004764-20      03/01/2024      Pg3of4    Trans ID: LCV2024581538
      MID-L -G04764-20     02/14/2024 10:10:38 PM      Pg 3of3   Trans ID: LCV2024408015

       ORDERED that the Court’s submission of a copy of this Order onto e-Courts will

constitute service upon all counsel of record.




                                                                                        33-S.C
                                                      aTRICK        BRADSHAW, JSC
This Motion was:                                                                        .


ME      Opposed


         afte        cued         Keel        Se      of     Merch       18, 20a4
              I's cdyournes .            Te      av    Wil       dike,   ts
              See lember               /6,       2024,
MID-L-004764-20        03/01/2024     Pg4of4      Trans ID: LCV2024581538


                                                                                                                Saginor
                                                                                                              L-4764-20


STATEMENT OF REASONS

         The Court finds that the discovery extension requested to be warranted and reasonable
                                                                                                     . The dates
provided in the proposed order will certainly delay a trial but not unreasonably so.
                                                                                      All indications are that the
parties are delayed taking the depositions of experts with the hopes that mediation may
                                                                                          resolve the matter. The
fact that mediation did not resolve the matter does not change the logic behind the cost saving mindset
                                                                                                        of that
agreed upon decision.   Exceptional circumstances are demonstrated here.

       Given plaintiff's ongoing treatment and recent records served by plaintiff, the defendants must
                                                                                                        be afforded
some opportunity to have their experts review same. Also, an adjournment of the present trial
                                                                                                  date is necessary
because of the issues with Dr. Thomas’ husband.

        All counsel are advised to strictly adhere to the dates in this Court’s order as there has been a new trial
                                                                                                                    date
assigned and any adjournment request of same will again require exceptional circumstances. Given that
                                                                                                            defendants
have agreed to this timeline, a further extension is unlikely,