Motion to Extend Discovery Cut-Off Date in Netta Yeni Vs Masters Rosemarie| Trellis.Law

On October 28, 2022 a Motion,Ex Parte was filed involving a dispute between Yeni I Netta, and John Does 1-10, Rosemarie Masters, for Personal Injury in the District Court of Middlesex County.

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MID-L-005413-22 02/29/2024 3:56:52 PM Pg 1 of 2 Trans ID: LCV2024548378

MICHELLE M. TULLIO, ESQ.
Attorney ID #001221994
Gonzalez, Tullio & Blache, LLC
602 State Street
Perth Amboy, NJ. 08861
T: 732-697-1134; F: 732-697-1135
Attorneys for Plaintiff(s), Yeni Iris Netta, Individually and as the Administrator Ad Prosequendum
of the Estate of James M. Netta

YENI IRIS NETTA, Individually and as the SUPERIOR COURT OF NEW JERSEY
Administrator Ad Prosequendum of the Estate LAW DIVISION: MIDDLESEX COUNTY
of James M. Netta, DOCKET NO.: MID-L-5413-22

Plaintiff(s), Civil Action

v. NOTICE OF MOTION TO
EXTEND DISCOVERY FOR
ROSEMARIE MASTERS and JOHN DOES 1 120 DAYS
through 10 (said names being fictitious),

Defendant(s).

TO: Glen R. Moran Esq.
LEARY, BRIDE, MERGNER & BONGIOVANNI, P.A.
7 Ridgedale Avenue
Cedar Knolls, NJ 07927
Attorneys for Defendant, ROSEMARIE MASTERS

SIRS:

PLEASE TAKE NOTICE that the undersigned will apply to the above-named Court, at the

Middlesex County Court House, New Brunswick, New Jersey on FRIDAY, MARCH 28, 2023

AT 9:00 A.M. in the forenoon or as soon thereafter as counsel may be heard, for an Order to

extend the discovery end date for 120 days.

Plaintiff shall rely upon the attached Certification in support of the within Motion.

Pursuant to 1:6-2(d), the undersigned requests oral argument in the event opposition is
filed.

A proposed form of Order is attached.
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Discovery End Date: 4/7/2024
Arbitration Date: None
Trial Date: None

GONZALEZ, TULLIO & BLACHE, LLC
Attorneys for Plaintiff(s)

By: /s/ Michelle M. Tullio
Michelle M. Tullio, Esq.

Dated: February 29, 2024
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YENI IRIS NETTA, Individually and as the SUPERIOR COURT OF NEW JERSEY
Administrator Ad Prosequendum of the Estate LAW DIVISION: MIDDLESEX COUNTY
of James M. Netta, DOCKET NO.: MID-L-5413-22

Plaintiff(s), Civil Action

v. ORDER

ROSEMARIE MASTERS and JOHN DOES 1
through 10 (said names being fictitious),

Defendant(s).

THIS MATTER having been opened to the Court upon application of Michelle M. Tullio,

Esq. of Elias & Gonzalez, LLC, attorneys for Plaintiff, for an Order to extend discovery for 120

days; and the court having considered the moving papers, any papers in opposition, and for good

cause shown;

IT IS on this __________ day of ___________________________, 2024;

ORDERED that the 4/7/2024 discovery end date is hereby extended and the new discovery

end date is _______________________; and it is further

ORDERED as follows:

1. All discovery to be completed by 8/7/2024;

2. Plaintiff’s experts’ reports shall be obtained and served upon all parties by
6/15/2024;

3. Defendants’ experts’ reports shall be obtained and served upon all parties by
7/15/2024;
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4. All discovery shall be completed by 8/7/2024; and it is further

ORDERED that a copy of this Order shall be deemed served on all attorneys of record via

e-filing on the date set forth herein. Pursuant to Rule 1:5-1(a), movant shall serve a copy of this

Order on all parties not served electronically, nor served personally in court this date, within seven

(7) days of the date of this Order.

_________________________________
J.S.C.

[ ] Opposed

[ ] Unopposed
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YENI IRIS NETTA, Individually and as the SUPERIOR COURT OF NEW JERSEY
Administrator Ad Prosequendum of the Estate LAW DIVISION: MIDDLESEX COUNTY
of James M. Netta, DOCKET NO.: MID-L-5413-22

Plaintiff(s), Civil Action

v. CERTIFICATION OF
MICHELLE M. TULLIO, ESQ.
ROSEMARIE MASTERS and JOHN DOES 1
through 10 (said names being fictitious),

Defendant(s).

I, MICHELLE M. TULLIO, ESQ. of full age, hereby certify as follows:

1. I am an Attorney at Law of the State of New Jersey with the firm of Elias &

Gonzalez, LLC attorneys for Plaintiff, in the within action. As such, I am fully familiar with the

facts and circumstances giving rise to the above-captioned matter. This Certification is made in

support of Plaintiff's Motion for an Order to extend the discovery end date for 120 days.

2. The within matter arises out of a motor vehicle accident that occurred on October

30, 2020 wherein the personal injuries sustained by James M. Netta caused his demise.

3. A Complaint was filed on Plaintiff’s behalf on October 28, 2022 and a First

Amended Complaint was filed on December 2, 2022. An Answer was filed on behalf of Defendant

was filed on December 14, 2022.
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4. The initial discovery end date in this matter of October 10, 2023 was extended for

60 days to December 9, 2023 via consent of all parties. See correspondence dated September 8,

2023 annexed hereto as EXHIBIT A.

5. Subsequently, the December 9, 2023 discovery end date was extended to April 7,

2024 via Order entered on December 1, 2023. See EXHIBIT B.

6. The deposition of Defendant, Rosemarie Masters was concluded on July 11, 2023.

However, I reserved the right to re-depose the Defendant after receipt and review of medical record

and DMV records of Ms. Masters. Accordingly, the re-deposition of the Defendant, Rosemarie

Masters is currently scheduled to take place on March 28, 2024.

7. Subsequent to the completion of depositions, Plaintiff will require additional time

to conduct post-deposition discovery as needed.

8. Moreover, Plaintiff is currently in the process of hiring a forensic neurologist to

review the medical records of the Defendant, Rosemarie Masters, who caused the subject accident

and to render a narrative report which Plaintiff will need to produce during the discovery period.

9. In addition to the foregoing, on February 27, 2024, counsel for Defendant served

Plaintiff with four (4) separate amendments to Answers to Interrogatories to include expert reports

from the following: (a) Michael Disciglio, MD, F.A.C.P.; (b) Patrick A Gaughan, Ph.D. of

Economatrix Research Associates, Inc. (economist); (c) Eric Mittelmann, MD; and (d) John C.

Scott of SKI Forensic Consultants, LLC (accident reconstructionist). See cover letters without

reports annexed hereto as EXHIBIT C.

10. Additional time is required for Plaintiff to conduct the discovery depositions of

Defendant’s experts.
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11. Plaintiff requires additional time within which to forward these reports and records

to Plaintiff’s experts for review and to render supplemental reports to be produced prior to the

discovery end date.

12. In support of the above, Plaintiff relies on Pepe v. Urban, 11 N.J Super. 385, 389

(1951), which explained that "[w]e, we must never forget that courts exist for the sole purpose of

rendering justice according to the law," and that "[n]o eagerness to expedite business, or to utilize

fully the court's time, should be permitted to interfere with [this] high duty of administering justice

in the individual case."

13. It should be noted that the Appellate Division held that motions to extend the

discovery period which are made within the discovery period pursuant to R. 4:24-1(c), should be

decided by the standard of good cause, and not exceptional circumstances. See Hollywood Cafe'

Diner Inc. v Jaffee, N.J. Super. Ct. App. Div. July 15, 2022. As referenced, the Court in Hollywood

Café held, among other things, that the trial Court should utilize the good cause standard when

evaluating timely motions to extend even where the Court has scheduled the matter for Arbitration

and/or Trial. Accordingly, Plaintiff respectfully asserts that only good cause is required despite

the scheduled Arbitration Hearing.

14. Extending discovery will not prejudice the Defendants in any way as the foregoing

requested extension will allow sufficient time for all parties to complete discovery.

15. In the event the Court requires a showing of exceptional circumstances, according

to the Court in Rivers v. LSC P'ship, 378 N.J. Super. 68, 79, 874 A.2d 597, 604 (App. Div. 2005),

“[i]n order to extend discovery based upon “exceptional circumstances,” the moving party must

satisfy four inquiries: (1) why discovery has not been completed within time and counsel's

diligence in pursuing discovery during that time; (2) the additional discovery or disclosure sought
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is essential; (3) an explanation for counsel's failure to request an extension of the time for discovery

within the original time period; and (4) the circumstances presented were clearly beyond the

control of the attorney and litigant seeking the extension of time.”

16. At trial, Plaintiff will rely on experts to testify on her behalf about the nature and

extent of all losses incurred by her. Plaintiff will be greatly prejudiced if the experts are precluded

from testifying about these additional records, as such testimony is essential to the Plaintiff’s case.

17. Based upon the foregoing, Plaintiff respectfully requests an extension of discovery

for a period of 120 days.

18. I hereby certify that the foregoing statements made by me are true. I am aware that

if any of the foregoing is willfully false, I am subject to punishment.

GONZALEZ, TULLIO & BLACHE, LLC
Attorneys for Plaintiff(s)

By: /s/ Michelle M. Tullio
Michelle M. Tullio, Esq.
Dated: February 29, 2024
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CERTIFICATION OF MAILING

I hereby certify that on February 29, 2024, the original and copy of the within motion, supporting
documents were filed via eCourts with the Middlesex County Superior Court Clerk’s office. All
parties were served with the subject Motion via eCourts as follows:

Glen R. Moran Esq.
LEARY, BRIDE, MERGNER & BONGIOVANNI, P.A.
7 Ridgedale Avenue
Cedar Knolls, NJ 07927
Attorneys for Defendant, ROSEMARIE MASTERS

I certify that the foregoing statements are true. I am aware that if any of the foregoing are willfully
false, I am subject to punishment.

GONZALEZ, TULLIO & BLACHE, LLC
Attorneys for Plaintiff(s)

By: /s/ Deborah Simpson
Deborah Simpson, Paralegal to
Michelle M. Tullio, Esq.
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Glenn R. Moran
Counsel
gmoran@lbmblaw.com

7 Ridgedale Avenue
Cedar Knolls, New Jersey 07927
Tel: 973-539-2090 | Fax: 973-539-0806

September 8, 2023
VIA eCOURTS.
Clerk / Middlesex County Superior Court
56 Paterson Street
New Brunswick, New Jersey 08903

RE: Netta v. Masters, et al
Docket No. MID-L-5413-22

Dear Sir or Madam:

Please be advised that my office represents the defendant, Rosemarie Masters with regard to the
above referenced matter. The discovery end date in the above matter is currently scheduled for
October 10, 2023.

Please accept this letter as our written request to extend the discovery end date pursuant to Rule
4:34-1(c) for sixty (60) days, from October 10, 2023 to December 9, 2023. I have the consent of
my adversary.

Thank you for your courtesies in this matter.

Respectfully submitted,

Glenn R. Moran
Glenn R. Moran

GRM/saw

cc: All counsel of record via eCourts
New York City Office: Albany Office Philadelphia Office:
43 West 43rd Street, Suite 50 1540 Dean Street 100 South Juniper 3rd Floor - #200
New York, New York 10036-7424 Niskayuna, New York 12309-5102 Philadelphia, Pennsylvania 19107
Tel: 212-709-8193 Tel: 518-280-6291 Tel: 973-539-2090

All Replies to New Jersey Office
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Glenn R. Moran, Esq. (#017701975)
LEARY, BRIDE, MERGNER & BONGIOVANNI, P.A.
7 Ridgedale Avenue
Cedar Knolls, NJ 07927
FILED
December 1, 2023
Tel: (973) 539-2090 Hon. Joseph L. Rea, J.S.C.
Fax: (973) 539-0806
E-Mail: gmoran@lbmblaw.com
Attorneys for Defendant, Rosemarie Masters
File No. AE-30844 GRM

YENI IRIS NETTA, Individually and as the SUPERIOR COURT OF NEW JERSEY
Administrator Ad Prosequendum of the Estate LAW DIVISION: MIDDLESEX COUNTY
of James M. Netta
DOCKET NO. MID-L-5413-22
Plaintiffs,
CIVIL ACTION
vs.
ORDER
ROSEMARIE MASTERS and JOHN DOES EXTENDING DISCOVERY END DATE
1 through 10 (said names being fictitious)

Defendants,

THIS MATTER having come before the Court on application of Leary, Bride, Mergner &

Bongiovanni, attorneys for defendant Rosemarie Masters, for an Order to extend the discovery end

date, and the Court having considered all documents submitted, and oral argument, if any, and for

good and sufficient cause shown;

IT IS on this 1st day of December , 2023;

ORDERED that the discovery end date be and is hereby extended one hundred twenty (120)

days from December 9, 2023 to April 7, 2024; and

IT IS FURTHER ORDERED, that the following discovery shall be completed:

a) Depositions of Plaintiff Yeni Iris Netta and witness Victor Netta are to be completed by

January 5, 2024;

b) Depositions of all remaining fact witnesses to be completed by February 2, 2024;
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c) Plaintiff’s final expert reports are due by February 23, 2024;

d) Defendants’ final expert reports are due by March 22, 2024; and

e) Depositions of all experts are to be completed by April 7, 2024.

IT IS FURTHER ORDERED that service of this Order shall be deemed effectuated upon all

parties upon its upload to eCourts. Pursuant to -R. 1:5-1(a), movant shall serve a copy of this Order

on all parties not served electronically within seven (7) days of the date of this Order.

____________________________________
HON. JOSEPH L. REA J.S.C.
PAPERS CONSIDERED:

_____Notice of Motion
IT IS FURTHER ORDERED, that a copy of this Order shall be deemed served on all counsel
_____Movant's Affidavits of record upon its posting by the Court to the eCourts case jacket for this matter. Pursuant to R.
1:5-1(a), the Movant shall serve a copy of this Order on all parties not served electronically
_____Movant's Brief within seven (7) days of this Order.

_____Answering Affidavits

_____Answering Brief

_____Cross-Motion

_____Movant's Reply

_____Other

PRETRIAL DATE: None

CALENDAR CALL DATE: None

TRIAL DATE: None

ARBITRATION DATE: None
MID-L-005413-22 02/29/2024 3:56:52 PM Pg 1 of 4 Trans ID: LCV2024548378

Glenn R. Moran
Counsel
gmoran@lbmblaw.com

7 Ridgedale Avenue
Cedar Knolls, New Jersey 07927
Tel: 973-539-2090 | Fax: 973-539-0806
February 27, 2024
VIA EMAIL ONLY
Michelle M. Tullio, ESQ.
Gonzalez, Tullio & Blache, LLC
602 State Street
Perth Amboy, NJ. 08861

RE: Netta v. Masters, et al.
Docket No. MID-L-5413-22

Dear Ms. Tullio:

Defendant, Rosemarie Masters hereby amends her answers to interrogatories to name Michael
Disciglio, M.D., F.A.C.P., as an expert, who may be called upon to testify at trial and to include Dr.
Disciglio’s report dated September 21, 2023 and CV.

This amendment is being furnished in conformity with R. 4:17-4 and R. 4:23-5(b), with the specific
understanding that it does not constitute an adoptive admission as referenced in Sallo v. Sabatino,
146 N.J. Super. 416 (App. Div.), certif. den., 75 N.J. 24 (1977) and Skibinski v. Smith, 206 N.J.
Super. 345 (App. Div. 1985).

Kindly accept this amendment in lieu of a more formal one. If I do not hear from you to the contrary
within five days of your receipt of the above, I will assume that same is acceptable.

Thank you for your attention to this matter.

Very truly yours,

Glenn R. Moran
Glenn R. Moran
GRM/saw
Encls.
New York City Office: Albany Office Philadelphia Office:
43 West 43rd Street, Suite 50 1540 Dean Street 100 South Juniper 3rd Floor - #200
New York, New York 10036-7424 Niskayuna, New York 12309-5102 Philadelphia, Pennsylvania 19107
Tel: 212-709-8193 Tel: 518-280-6291 Tel: 973-539-2090

All Replies to New Jersey Office
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Glenn R. Moran
Counsel
gmoran@lbmblaw.com

RE: Netta v. Masters, et al.
Docket No. MID-L-5413-22

Dear Ms. Tullio:

Defendant, Rosemarie Masters hereby amends her answers to interrogatories to name Patrick A.
Gaughan, Ph.D. of Economatrix Research Associates, Inc., as an economic loss expert, who may
be called upon to testify at trial and to include Dr. Gaughan’s report dated February 15, 2024 and
CV.

Kindly accept this amendment in lieu of a more formal one. If I do not hear from you to the contrary
within five days of your receipt of the above, I will assume that same is acceptable.

Thank you for your attention to this matter.

Very truly yours,

Glenn R. Moran
GRM/saw Glenn R. Moran
Encls.
New York City Office: Albany Office Philadelphia Office:
43 West 43rd Street, Suite 50 1540 Dean Street 100 South Juniper 3rd Floor - #200
New York, New York 10036-7424 Niskayuna, New York 12309-5102 Philadelphia, Pennsylvania 19107
Tel: 212-709-8193 Tel: 518-280-6291 Tel: 973-539-2090

All Replies to New Jersey Office
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Glenn R. Moran
Counsel
gmoran@lbmblaw.com

RE: Netta v. Masters, et al.
Docket No. MID-L-5413-22

Dear Ms. Tullio:

Defendant, Rosemarie Masters hereby amends her answers to interrogatories to name Eric
Mittelmann, M.D., as an expert, who may be called upon to testify at trial and to include Dr.
Mittelmann’s report dated December 3, 2023 and CV.

Kindly accept this amendment in lieu of a more formal one. If I do not hear from you to the contrary
within five days of your receipt of the above, I will assume that same is acceptable.

Thank you for your attention to this matter.

Very truly yours,

All Replies to New Jersey Office
MID-L-005413-22 02/29/2024 3:56:52 PM Pg 4 of 4 Trans ID: LCV2024548378

Glenn R. Moran
Counsel
gmoran@lbmblaw.com

RE: Netta v. Masters, et al.
Docket No. MID-L-5413-22

Dear Ms. Tullio:

Defendant, Rosemarie Masters hereby amends her answers to interrogatories to name John C. Scott
of SKE Forensic Consultants, LLC, as an accident reconstruction expert, who may be called upon
to testify at trial and to include Mr. Scott’s report dated November 28, 2023 and CV.

Kindly accept this amendment in lieu of a more formal one. If I do not hear from you to the contrary
within five days of your receipt of the above, I will assume that same is acceptable.

Thank you for your attention to this matter.

Very truly yours,

All Replies to New Jersey Office

Case Info

Judge

Joseph Rea Track Judge’s New Case

Case No.

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Document Filed Date

February 29, 2024

Case Filing Date

October 28, 2022

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Motion,Ex Parte: Netta Yeni Vs Masters Rosemarie

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