judge ana viscomi, j.s.c. - new jersey superior court · motion# i recd\ movan..i_s.attny i...
TRANSCRIPT
1
Judge Ana Viscomi, J.S.C. Master Motion List
Motions Returnable ( 10 13 2017 }
Docket
L-546-
L-2259-
Case Name
ALDERDICE V.
BEERY, CRANECQ.
16 I BEER V. CRANE PUMPS
L-2259 16
L-2172 15 L"
4794,
. BEE!lV. l\1ILl.,Ei& CHITTY
BLOK V. THRIFT AUTO
~5?27i·(;·,\···R· :?·LAN· > .V,;: AL.CAT~TI ,J6., •. ,, .. ,LUCENT
L,-502,71 .,· .•.•. /?/ it,······ • 16 > :CARODANY, DAP·
Motion Type
DISMISS FOR LACK OF JURISDICTION
S/J
S/J
S/J
ENTER DEFAULT JMT DISMISS FOR LACK . OF PERSONAL
JURISDICTION .DISMIS.S FOR- LACK
OF PERSONAL JURISDICTION
Opp Motion# I recd\ MOVAN..I_S.ATTNY I PLAINTIFF'SATTNY I DISPOS(fIO~
665 Burns White Szaferman/Simon I GRANTED
adj 10/27 by 295 I YES I Pascarella Divita I Wilentz Goldman IACV
296
276
846
516
<sos·
Pascarella Divita I Wilentz Goldman I GRANTED
YES! Reil'x. Janiczek
Wolf Law
Rawle. Henderso'!:
Wilentz Goldman
Wolf Law
adj10/27by ACV
PROOF HEARING 12/1/17
adj)0/2?by _pltfw co_11sen_t
adi'1~?7t Cohen .Pla.citelfa .· l.11.Itfw consent
Docket Ca~Nam~_
L-50271 CAROLAN V. S. 16 FRANKLIN & SONS
L-:50Z7.1 .• CARO.LAN. V; PNION 16 .··. · CARBIDE
L-
29. · ... 1.1-.·· .•. • .. ···l.c .. HA. PMAN .v ... CYPIWS 17 ··• 'AMAX L_. 2911· 17 I CHAPMANV: IM_ERY~
L-2893-
Motion Type
S/J
S/J
PHV BRENDAN J. TULLY RECONSIDERATION
OFS/18 ORDER GRANTING PARTIAL.> .
S/J
2
Opp Motion# ~d ~OVANTS ATTNY_l_ PLAINTIF~S ATTNY / DISPO~ITION
183 I YES IMcGivney
Rawle Henderson
Rawle Henderson
Phillips & Paolicelli
Cohen Placitella
Colten Placitella
Lallier:
Lanier
Phillips & Paoli
DENIED
adj 10/Z7 to permit
settlement diScussionS
adj10/27.by ACV
GRANTED
Dc,_cket
L" 4301-17
L< 43.01-17!.
L-932.-17
V:932,' 17
{:ase Name
L-1.··. FARINELl..l'.V!NEW 2;~0- .JERSEYPU~GGROUP
L-5507-16 IFEDERV. H.M. ROYAL
14~4-j GAMBI.NOV i~~~~o . 17 .. . ..
L- ·.•• 1464-'· . 17
.Ls > 6&17,
16 L-
3758-17
GA~[)~ERV, .· •. • •• • · HONEYW'Eti} •
GORDON V. J&J
Motion Type
DISMISS FOR LACK. OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS
DISMISS FOB: LACK OF PERSONAL JURISDICTION AND
FORUMNOt:I CONVENIENS
••. .••• XIVIJ() ST~~E
JR.EIVICO.W/QPREJ ...
)Of~Ml~S.VVIO.PREJ·• · FORFORUM.NON
cor\lvEN1er\ls·
PHV BRENDAN J. TULLY
L-1914-
16 GORRELL V. AUGUSTO I ENTER DEFAULT JMT
Opp
'1059<?[l'/:ES
362
801
3
PLAJ:NTifF'S ~TINY ( DISPO_f,JTIOI\~
Rawle Henderson
Phillips/Meirowit
Wilentz
z I Phillips/Meirowitz
Wolf Law Wolf Law
adj 10/27 by pJtfw .i:_ons<ant
adi 10121 by pltfw
!consent ,idj 11/3 lly pl1:f ".' ~ons_ent -
adj1'l/3by pltfW
[consent
,idj 10121 by pltfW .. c::ons.ent
GRANTED
~dJro,27bf movantw.
·consent ,,idj 1. 0/2! by . l)loyant".' ·consent·· .
GRANTED PROOF HEARING 12/1/17
Docket
L; 5924'
13.
L-6651 16
Case N_!lme
.·HARLEYV, ABEX
Ir66Sij '.Ji'JgiW~ONV;
'·· AMEJUC;\N INTL
L-66511 JOHNSON V. 16 CERTAINTEED
io~~~~~l]~
L-66511 JOHNSON V. GENERAL
16 PARTS
Motion Type
STRIKE DEFT MACK
TRU.CK FORNO ;. DISCOVERY>
DISMISS FbRLACK 01' PERSONAL·.
JURISDI.CTION AND FNC
DISMISSFORLACK:
OFPER!l.ONAL JURI.SDICJION A.ND
FNC
S/J
DISMISS FOR LACK OF;.PERSONAL .
JURISDICTI<lN AND•··· FNC
S/J
S/J
Motjon #
615
365
159
4
Opp r~d j _ MOY Al"{I'S A_Til"{_Y
YES Cohen Placitella
Rawle Henderson'
RaV)lle Henderson
Wilson Elser
)<"·._;::-// ·_',:,:·.\
Hawlislit,~eniJ.Si~ferman/Simon
,,-'-/··.· ''
i~f~t·~~~Si~tf ·:/
Wilbraham Szaferman/Simon
DISPOSITION
adj 10/27 by pltfw consent
adj.10/27 by plthv consent ADJ.11/3 FOR ... , · SUPPLEME. NTAL BRIEFING
GRANTED
adj 1.0127 by pltfw consent
GRANTED
~i:lj10/2fby pltfj.v . . co·nsent "dj .19127 by 'plt:f""·'
• 1• I consent
GRANTED
Docket
L-son 16
S::ase~am~ Motion Type
/DISMISS FOR LACK
KALISl-ly.CYPR.US ,1·• 'OFP.ERSONAL AMAX ·· /,. JU.RISDICTIONAND
FNC DIS[I/IISS FOR LACK
OFP~RSONAL · JU.RIS.DICTION AND
FNC
DISMISSf'.OR. LACK . OF PERSONAL .
., JURISDICTION.AND FNC
. < DISMISS F9R LACK ·.
. / ,: . .<<<.' ,9FPERSOl'JAL
.LAB,Um-!VIABJ!YV./ JURISDICTIONAND IMERYS/ . . . · FNC .
l\!_otion #
'361.
L-827-1 LADUE V. DAIMLER 17 TRUCKS
DISMISS CPT FOR LACK OF PERSONAL I 309
JURISDICTION
5
Opp
Lavin O'Neil
~~yY]~,onigsberg
Levy Konigsberg
_!?I~POSITfilN
adj10/27by pltfw c;onsent
~4iW!2ito , _ 'pe~riiit_
-> -'~ettleme;nt , > diSCUs-Si6tiS'i
'ad]lo/21 by icV:"'''
/'<_,,_:;":':, __ ,,;,::,_
i,lj~0/27,by ACV
Szaferman/Simon I GRANTED
6
Opp
Docket Case Name Motion T e Motion# recd MOV ANT~ A TfN_.Y
DISMISS CPT FOR YES PERSONAL
L-827-I LADUE V. HARLEY I JURISDICTION AND 498 17 DAVIDSON INC opp
FORUM NON w/d H . d
CONVENIENS ardm Kun la
YES
L-827-I LADUE V. HARLEY I 17 DAVIDSON COMPANY
XM JOINING #498 496 /opp
<--<-< ·····:/,_i
L-B ___ z_._._}:_•I ~D~E-.v.d~iiJ~s 17YW AMAX
L-827-iLADUE V. AMERICAN 17 HONDA MOTOR CO
L-827-I LADUE V. AMERICAN 17 HONDA MOTOR CO
JOl~DERTDHARI..EY DAVIDSON MOTION
w/d
TO Dl~"!!ISS FOR "• ./, '. •.. ··•
FORUM NOit . ; > I ;:; <I Rawl". ICONVENIENS 1/417.YES Henderson
JOINDER CROSS MOTION TO JOIN DISMISS FOR FORUM NON CONVENIENS FILED BY HARLEY DAVIDSON I 815
DISMISS CPT FOR LACK OF PERSONAL I 381
JURISDICTION
Greenbaum Rowe
Greenbaum Rowe
PLAINTIFF'S ATTNY j_JHSPQ~ITIO~
Szaferman/Simon \GRANTED
Szaferman/Sirilon
Szaferman/Simon I GRANTED
Szaferman/Simon I GRANTED
Doc~ Ca~Na~
L-7336 16 I LASHLEYV. COLGATE
L-7336) LASHLEY V. COLGATE
16 (MENNEN)
:.::.·.• •• ··."·.·.· .•. ·.•.·.· .. ·.•.· ..
LASHLEY:V. wci>.: 4567.?\ LY'NCH y.(~E-6.c 13 ••; SUPPLY
S/J
DISMISS FOR I..ACK • C>F l'E:RSONAL
·.• JU~S.D1.C:TION.AND ·•FNC.•
C··.·YrLY'NCHV.·.··· ·< •• . 4 .. 56. 7./ .•. '.·. 'f"A.S. H .•... l·N···<.T.·°,·N···.· D .. · .• ·.1yfo .• ·.lr 1
1, 13 • URS •• .., . ,•·• ,S/J
Opp ,ecd
7
328 I YES I O'Toole Scrivo •
325
_TI.AINTIFF'S ATTNY LJ)ISPQ_SITIO;N
Szafeman/Simon I a.dl 10/27
S:iafei:nari/SimOn
~ott~~'nt
Pock~ ~as~f'iaJ!!!.
... L, 4567s 13 1..vNf Jv, WELcbC L-623° !MACY V. COLGATE 17 PALMOLIVE
L"6~3:1····. < {< s / 17 < •.• MACYV"WCD
L-11201 < > . t >!. ' 17 / .· l\fARTJN]:Z.'\!:AYON\
L-11201 MARTINEZ V. CYPRUS
17 AMAX
L-1120 v .... ·i'J.\) 17. 1..:d\1ARTINEZ Y:i\VCD, .·
Motion Type
Opp
MQ_tion _! I _i:~d
8
M!i•9!)1iS · 1 ss/YES / Edelstein
O'.Toole
Rawle 'Hende~rr
Rawle
PISPOsmo~_ adj 10/27 by deftw
, , ,~Onsent
w/d adj12/1 by pltf )N
consent a.dj 12/1 by pltf)N
Szaferman/SiJ)1on l_<:011:a.en! adj12/1 l:>y pltfW
P.!lcket
V5385 ~Q~~t-~iPRi~ \ 16 •A• DEFT.wYETR(BASF) .·
L-3088 15
L-2912c 17
QUICK V. HOME SERVICE
Motion Type
'
Opp Motion # ) _!_ec_!!
9
PLAINTIFF'S ATTNY_l__Dlfil'~ITION
'\_ /._. ,, .. ;),:/;'. Vl'ilentz <}oldn!an
adj 10/27 by McGivney request w/consenf
adf19/27'by McGivney · request · w/consent
a~j10/2.jby .,11/icGivney requ!l5t w/consent··
SCHOENIGER.V. IMERYS
L· 6996- ISCHULTZ V. E.I. 15 DUPONT
L· 6996-1 SCHULTZ V. E.I. 15 DUPONT L-6996- ISCHULTZ V. E.I. 15 DUPONT L-4527- ISOTOV. AFC 17 HOLCROFT L-4527-17
;f i~~-i};;iJ~D 'I/JrjRJ1iJ '.15i
INLl~l;;IEMbtioNT:O PR/:CLUDE TEST:JMOl'fY& EVIDENCE QF;PL'(Ei' EXPTTEST/NG OF TALC.BASED QN LACK OF. AUTHENTICITY
JOIN COLGATE MOTION #7.2 IN L/NIINE
DISMISS 3RD PRTY CPT OF AARON & CO DISMISS 3RD PRTY CPTOFWEIL MCLAINE
DISMISS 3RD PRTY CPT OF A.O. SMITH
PHY MICHAEL D. HULTQUIST
AMDCPT
10
117 Porzio
118 Porzio
120 Porzio
264 Porzio
1aclj 1g/1s at request of e_arties adj10/18 at iequestof
, _, Szaferm'an/Sifuori >Je_arties
Weitz/Luxemberg !GRANTED
Weitz/Luxemberg I GRANTED
Weitz/Luxember, GRANTED
Lanier GRANTED
' ,''-,_ ,,
~~i{o,2/~i I
cleftw'· .
Docket Case Name
L-
~:670 J sTAF~6ko v;/Ej(j(bN
L- I 5667_ STAFF.ORD. V ... Fl~HER
15 SCIENTIFIC
56L5-7. _,STAFF···.O. RClV. l-l·E··~.l<E···· LS . . . ··· ·. & MCCOY/ 15 · ....... /.
56~7-I STAF. FORD V. T.HOMAS
15 . SCIENTlflC
L-3056-17 SZATKOWSKI V. OAP
~~,s-l~~~tttER). c~~kG~ L-7249-16. L-72490 16 L, 7249-16
TE.\JSC:~icki)/.>1i~Rfti 'TALC .
·- ·:. _ _ /_-'/·:--).>///<.
TEUSCH~~V.;.J&J .
Motion Type
S/J
'S/J
. S/J
S/J
11
Opp Motion# I recd I MOVANTSATTN_X
· .•. ·•···· ... McElroy ·•·.121IYEs·I Deutsch
YES
215
172 Dennehe
Wilentz ·
Wilentz
Wilentz
'. '.-- -. --->-.- -_·/'i;:,_:_'i;_:
SzafJrii1~11j~;Jo11
adj 10/27 by ACV
adj 10/27 by ACV ad)11/3 by pltfw ·· · consent ~clj11./3 by p1ttv1 ··· conSerit ··
· 'actj.1113 by p1ttw · Consent ... adj11/3 by
I•.· , ,.,_,,,., .. ,
pltf~·< consent
Cas~Name
WELCHV. IMERYS L-5375- IZIEGEL V. GEORGIA 14 PACIFIC L-5375-
M~Type
DISMISS FOil LACK ,OF PERSONA.L •· JURISDICTION •. • .
DISMISS FORl;(?RUM NONCONVENIENS
DISMISS FOR.FORUM NON CONVENIENS
S/J
14 !ZIEGEL V. HONEYWELL [S/J
12
Opp Motion __!_l__recd [ MOV ANTS ATTNY
.···•·· IRa\Nle• ·. 654IYES Hen~ersoi{~
Rawle 691 IYES I Henderson
Rawle 692 I YES I Henderson
154 Lynch Daskal
74 Gibbons
_DISPOSITION
adj10/27 by ACV
adj .10/27 by ACV
GRANTED
GRANTED
BURNS WHITE LLC
BY: ASHLEY E. HORTON, ESQUIRE
NJ. l.D. No. 035122012
Four Northshore Center
106 Isabella Street
Pittsburgh,PA 15212
Ph (412) 995-3000
Fax (412) 995-3300
GINA M. ALDERDICE and ANDREW C.
ALDERDICE,
Plaintiffs,
vs.
BRENNTAG NORTH AMERICA, INC., et
al.,
Defendants.
Attorneys for Consolidated Rail Corporation
l:'11., ocr, $'1J
-1,114 C J -<01,> ·11s r
Co¾ , J.s.c
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO. MID-L-0546-17AS
CIVIL ACTION - ASBESTOS
LITIGATION
ORDER
THIS MATTER having been opened to the Court on the motion of Ashley E. Horton,
Esquire, of the law firm Burns White LLC, attorneys for Defendant, Consolidated Rail
Corporation, and the Court having reviewed the moving and opposing papers and/or heard any
arguments of counsel and the parties, and for good cause having been shown, it is on this
.13._th day of (C)e:tolpe.s- , 2017, ORDERED that
(1) Plaintiffs' Complaint is hereby DISMISSED.
· IT IS FURTHER ORDERED that a copy of this order shall be served upon all counsel
within ":'.t- days of its filing.
Opposed Unopposed
"Having reviewed the above motion, I find it
to be meritorious on Its face and is
unopposed. Pursuant to R.1 :6-2, it
therefore will be granted essentially for the
reasons set forth in the moving papers."
ANA C. VISCOMI, J.S.C.
PASCARELLA DIVITA, PLLC /:' I l. IE o 2137 Route 35, Suite 290 Otr f Holmdel, New Jersey 07733 AN,4 3 20!1 (732) 837-9019 c. Visco Joshua A. Greeley, Esq. -Attorney ID: 023032010 'Ml, J.s.c. Attorneys for Crane Pumps & Systems, Inc., i/s/h/a/ Crane Pumps & Systems Inc.,
Individually, as Successor to and d/b/a as Burks Pumps, Inc., Burks Pumps, Crown Pumps,
Decatur Pump Company, Prosser Pump, Prosser/Enpo Industries, Inc., Weinman Pumps,
Pacific Valves and Jenkins Valves
IN THE MATTER OF ASBESTOS LITIGATION VENDED IN MIDDLESEX COUNTY
Plaintiff( s ),
BRIAN BEER AND LEE A BEER, HIS WIFE,
V.
Defendant( s ),
A.W. CHESTERTON COMPANY, et al.,
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION MIDDLESEX COUNTY DOCKET NO.: MID-L-2259-16AS
CIVIL ACTION
ASBESTOS LITIGATION
ORDER
THIS MATTER having come before the Cou,t on Motion of Pascarella DiVita, PLLC and the
Court having reviewed the moving and opposition papers, if any, and for good cause shown;
ITIS0NTHIS \ 3~ DAYOFOCAv\?t',2017;
ORDERED that the motion of Defendant, Crane Pumps & Systems Inc. for summary judgment is
hereby granted and the Complaint and any Counterclaims and Cross-Claims are hereby dismissed with
prejudice.
ORDERED that a copy of this Order shall be served on all counsel within seven (7) days of the date
hereof.
Opposed __ Unopposed /
·Having reviewed the above motion, I find it to be meritorious on its face and is unopposed. Pursuant to R.1 :6-2, it therefore will be granted essentially for the reasons set forth in the moving papers."
Hon. Ana C. Viscomi, J.S.C
Kelly Samuels Thomas, Esq. - NJ Attorney ID Number 036822009
THE WOLF LAW FIRM, LLC Attorneys at Law 1520 U.S. Highway 130- Suite 101
North Brunswick, NJ 08902
(732) 545-7900 - TELEPHONE
(732) 545-1030- FAX Attorneys for Plaintiff and those similarly situated
DARIUSZ BLOK, on behalf of himself and
those similarly situated,
Plaintiff,
vs.
THRIFT AUTO SALES, INC., NIKITA
OURITSKI and JOHN DOES 1 - 5,
Defendant.
SUPERIOR COURT OF NEW JERSEY
MIDDLESEX COUNTY - LAW DIVISION
Civil Action:
Docket No. MID-L-002712-15
ORDER
This matter having been opened to the Court by The Wolf Law Firm, LLC, attorneys for
Plaintiff Dariusz Blok, seeking the entry of default judgment against Defendant Nikita Ouritski;
and the Court having reviewed Plaintiffs motion for default judgment and any opposition thereto;
and for good cause appearing;
It is hereby ORDERED, ADJUDGED and DECREED that
1. Final Judgment by Default in favor of Plaintiff Dari z Blok in the total amount,
inclusive of attorneys' fees and costs, of $22,882.34, FOR W CH SUM LET EXECUTION
ISSUE, is hereby entered jointly and severally against efendant Nikita Ouritski in favor of
PlaintiffDariusz Blok for Final Judgment on Plaintiffs ounts One (Violations of the Automotive
Sales Practices (ASP) Regulations and New Jersey onsumer Fraud Act (CFA)); Two (Violations
of the Truth-in-Consumer Contract, Warran and Notice Act (TCCWNA) Predicated on
Violations of the ASP Regulations); and Thr e (Violations ofTCCWNA Predicated on Violations
of the Used Car Lemon Law (UCLL));
2. Final Judgment by Default is hereby entered against Defendant Nikita Ouritski in
favor of Plaintiff Dariusz Blok-ot1 Counts Ouc tfilougl'i 1 hree, which inciudi*:
3. Of the Final Judgment by Default amount granted ough this Order, $1,085.00 is
awarded to Plaintiff Dariusz Blok, as follows:
a. $885.00, for violations of the CFA and ASP Re lations, comprised of the sum of the
$295.00 "Dealer Service Fee" Defendant O · ski charged Plaintiff, trebled pursuant
to the CFA at N.J.S.A. 56:8-19;
b. $100 representing the statutory pen y for Defendant Ouritski's violation of
TCCWNA predicated on violations of e CFA and ASP Regulations; and
c. $100 representing the statutory penalty for Defendant Ouritski's violation of
TCCWNA predicated on violati s of the UCLL;
4. Of the Final Judgment by efault amount granted through this Order, Judgment is
hereby entered against Defendant Ou tski in favor of The Wolf Law Firm, LLC for reasonable
attorneys' fees and expenses in the amount of $21,797.34, which includes reasonable attorneys'
fees of$20,878.50, plus reasona e expenses of$918.84;
5. A proof hearing to determine Plaintiffs individual damages pursuant to the CFA
under Count Four of the First Amended Complaint is scheduled for
6. Plaintiff shall submit a s~pplementalf ation for attorneys' fees and costs within
ten days of the proof hearing;
7. Post-judgment interest at the Court Rate shall Lue on the awards set forth herein,
from the date of this Judgment until paid;
8. This Order shall serve as pattial Final Judgment of the case Dariusz Blok, on behalf
of himself and those similarly situated v. Thrift Auto Sales, Inc., Nikita Ouritski and John Does 1-
5, Docket No. MID-L-2172-15, as to Defendant Ouritski only; and
2
IT IS FURTHER ORDERED that a copy of the within Order be served upon all parties
within seven (7) days of receipt.
__ Opposed
~Unopposed
ANA C. VISCOMI, J.S.C.
"Having reviewed tile above motion, I find it
to be meritorious on its face and is
unopposed. Pursuant to R.1 :6-2, it
therefore will be granted essentially for the
reasons set forth in the moving papers."
3
COHEN, PLACITELLA & ROTH, P.C. 127 Maple A venue Red Bank, New Jersey 07701 Tel.: (732) 747-9003 Attorneys for Plaintiffs
PAUL CAROLAN,
Plaintiff,
vs.
3M COMPANY, et al.;
Defendants.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY
DOCKET NO. MID- L-05027-16 AS
CIVIL ACTION ASBESTOS LITIGATION
ORDER
This matter having been opened to the Court by Cohen, Placitella & Roth, P.C., attorneys
for the above named Plaintiffs, for an Order denying Defendant S. Franklin & Sons, Inc. 's
Motion for Summary Judgment, and for good cause being shown;
IT IS ON THIS l~f-aay of ()~ 2017 ORDERED as follows:
The Motion for Summary Judgment of Defendant S. Franklin & Sons, Inc. is hereby
DENIED;
It is FURTHER ORDERED that a copy of the within Order shall be served upon all
counsel of record within seven (7) days of the date of this entry.
By.~c,J~. HON. ANA C. VISCOMI
On 10·1°3•1-=l- the court's statement of reasons have been set forth on the record.
PHILLIPS & PAO LI CELLI, LLP Quakerbridge Executive Center 101 Grovers Mill Road Lawrenceville, NJ 08648 Daniel J. Woodard Attorney ID No.: 020132006 (609) 789-5600
7 4 7 Third Avenue, 6th Floor New York, NY 10017 (212) 388-5100 Attorneys for Plaintiff:
KRISTIN COLLARD Individually and as the Executrix of the Estate of RICHARD M. SPOTTS,
Plaintiffs,
V.
JOHNSON & JOHNSON, INC., JOHNSON & JOHNSON CONSUMER, INC.; Jolm Doe Corporations 1-50; John Doe Corporations 51-75,
Defendants.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION, MIDDLESEX COUNTY
DOCKET NO.: MID-L-2893-l 7AS
Civil Action - Asbestos Litigation
ORDER FOR PRO HAC VICE ADMISSION
This matter having been opened to the Court on behalf of Plaintiff Kristin Collard
Individually and as the Executrix of the Estate of Richard M. Spotts, by Phillips & Paolicelli,
LLP, (Daniel J. Woodard, appearing), to all counsel of record; and this Court having considered
the moving papers, in which it is stated that Plaintiff has a long-standing relationship with
Brendan J. Tully, Esq. 0 1 +h c,\-oper IT IS ON THIS \Q day of:ileptember 2017;
ORDERED that Brendan J. Tully, Esq. be and is hereby admitted pro hac vice in this
matter; and
{00032807}
IT IS FURTHER ORDERED that Brendan J. Tully, Esq.:
1. Shall abide by the New Jersey Rules of Comi, including all disciplinary rules, R.
1:20-1, R. 1:28-2 and R. l:28B-l(e);
2. Shall consent to the appointment of the Clerk of the New Jersey Supreme Couti as
the agent upon whom service of process may be made for all actions against him that may arise
out of his participation in this matter;
3. Shall notify the Couti immediately of any matter affecting his standing at the bar
of any other comi;
4. Shall have all pleadings, briefs, and other papers filed with the Court signed by an
attomey of record authorized to practice in this State, who shall be held responsible for him, the
conduct of the cause and the admitted attorney herein;
5. Shall abide by any fmiher requirements conceming his patiicipation in this matter
as the couti from time to time deems necessary;
6. Catmot be designated as trial counsel; and
IT IS FURTHER ORDERED that:
1. No adjournment or delay in discovery, motions, trial, or any other proceeding
shall occur or be requested by reason of the inability ofBrendat1 J. Tully to be in attendance.
2. Brendan J. Tully shall, within ten (10) days, comply with R. 1 :20- l(b ), R. 1 :28-2
and R. 1 :28B-l(e) by paying the appropriate fees to the Disciplinai-y Oversight Committee, to the
Lawyers Assistance Program and the New Jersey Fund for Client Protection and submit an
affidavit of compliance no later than February 1 of each year thereafter.
3. Automatic termination of pro hac vice admission will occur for failure to make
the required annual payment to the Disciplinary Oversight Committee, the Lawyers Assistance
{00032807}
Program and the New Jersey Lawyer's Fund for Client Protection. Proof of such payment, after
filing proof of the initial payment, shall be made no later than February 1 of each year thereafter.
4. Noncompliance with any of these requirements shall constitute grounds for
removal.
5. A copy of this Order shall be served on all parties within seven (7) days.
~~Opposed
/unopposed
{00032807}
~c.J~-HON. ANA C. VISCOMI, J.S.C.
WILENTZ, GOLDMAN & SPITZER, P.A. 90 Woodbridge Center Drive P .0. Box 10
l:t{ '' 1·'1 j0 I! ·
Woodbridge, New Jersey 07095 (732) 636-8000 Attorneys for Plaintiffs
Ocr I fil) -4fi(-4 C J <0/;
"Vi& LYNNE M. KIZIS, ESQ. (ID No. 037831987) Co%'. </ $ C,
SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MIDDLESEX COUNTY DOCKET No. MID-L-5507-16AS
---------------------------------------x FRIEDHELM FEDER;
Plaintiff,
vs.
H.M. ROYAL, INC., et al.;
Defendants. ---------------------------------------x
ASBESTOS LITIGATION
Civil Action
ORDER
THIS MATTER having been opened to the Court upon the motion of
Wilentz, Goldman & Spitzer, P.A., counsel for plaintiff, and the Court
having considered the moving papers, and for other good and just cause
shown;
IT IS on the I 3-ti'aay of Oc~be.r , 2017;
ORDERED that plaintiffs are hereby granted leave to file and
serve an Amended Complaint, as set forth in the accompanying Certification,
to name Fort Kent Holdings, Inc., Global Management, Inc., ITT LLC, and
Notte Safety Appliance Company, as additional defendants herein and to name
Ingrid E. Feder and Andrew R. Feder as Co-Executors of the Estate Fred R.
Feder and to set forth their claims pursuant to the New Jersey Wrongful
Death statute; and
IT IS FURTHER ORDERED that all defendants who have been served
with the motion papers shall be deemed to have been served with the Amended
Complaint and defendants 1 previously filed Answers and Cross-Claims shall be
deemed responsive to the amended pleadings; and
IT IS FURTHER ORDERED that a copy of this Order be served upon
all counsel of record within!:{- days of the
"Having reviewed the above motion, I find. it to be meritorious on its face and 1s unopposed. Pursuant to R.1 :6-2, it therefore will be granted essentially for the
#9385reaSQijMl/M~jn the moving papers."
date of its entry.
~ a.J~-ANA C. VISCOMI, J.S.C.
PHILLIPS & PAOLICELLI, LLP Quakerbridge Executive Center 101 Grovers Mill Road Lawrenceville, NJ 08648 (609) 789-5600
MEIROWITZ & W ASSERBERG, LLP 233 Broadway, Suite #950 New York, NY 10279 (212) 897-1988
By: Daniel J. Woodard, Esq. (ID #020132006) Perry L. Shusterman, Esq. (ID #183462017) Attorneys for Plaintiffs
ANITA F. GORDON j SUPERIOR COURT OF NEW JERSEY
Plaintiffs,
V.
JOHNSON & JOHNSON, INC., JOHNSON & JOHNSON CONSUMER, INC.; John Doe Corporations 1-50; John
Doe Corporations 51-75,
Defendants
I LA w DIVISION, MIDDLESEX COUNTY
DOCKET NO.: MID-L-3758-17AS
Civil Action - Asbestos Litigation
ORDER FOR PRO HAC VICE ADMISSION
This matter having been opened to the Court on behalf of Plaintiff Anita F. Gordon, by
Phillips & Paolicelli, LLP, (Daniel J. Woodard, appearing), to all counsel of record; and this
Court having considered the moving papers, in which it is stated that Plaintiff has a long
standing relationship with Brendan J. Tully, Esq.
+h O c,-\1i\oer ITISONTHIS (j dayofg013te!Mer2017;
ORDERED that Brendan J. Tully, Esq. be and is hereby admitted pro hac vice in this
matter; and
IT IS FURTHER ORDERED that Brendan J. Tully, Esq.:
1. Shall abide by the New Jersey Rules of Court, including all disciplinary rules, R.
{00033233}
1 :20-1, R. I :28-2 and R. I :28B- l( e );
2. Shall consent to the appointment of the Clerk of the New Jersey Supreme Court as
the agent upon whom service of process may be made for all actions against him that may arise
out of his participation in this matter;
3. Shall notify the Court immediately of any matter affecting his standing at the bar
of any other comt;
4. Shall have all pleadings, briefs, and other papers filed with the Comt signed by an
attorney of record authorized to practice in this State, who shall be held responsible for him, the
conduct of the cause and the admitted attorney herein;
5. Shall abide by any fmther requirements concerning his participation in this matter
as the comt from time to time deems necessmy;
6. Cannot be designated as trial counsel; and
IT IS FURTHER ORDERED that:
I. No adjournment or delay in discovery, motions, trial, or any other proceeding
shall occur or be requested by reason of the inability of Brendan J. Tully to be in attendance.
2. Brendan J. Tully shall, within ten (I 0) days, comply with R. I :20-1 (b ), R. I :28-2
and R. I :28B-1 ( e) by paying the appropriate fees to the Disciplinary Oversight Committee, to the
Lawyers Assistance Program and the New Jersey Fund for Client Protection and submit an
affidavit of compliance no later than February I of each yem· thereafter.
3. Automatic termination of pro hac vice admission will occur for failure to make
the required annual payment to the Disciplinary Oversight Committee, the Lawyers Assistance
Program and the New Jersey Lawyer's Fund for Client Protection. Proof of such payment, after
filing proof of the initial payment, shall be made no later than February I of each year thereafter.
{00033233}
4. Noncompliance with any of these requirements shall constitute grounds for
removal.
5. A copy of this Order shall be served on all parties within seven (7) days.
__ Opposed
7unopposed
{00033233}
~4._e.J~ HON. AC,, VISCOMI, J.S.C.
AndrewR. Wolf-NJ Attorney ID No. 0186211995 THE WOLF LAW FIRM, LLC 1520 U.S. Highway 130 - Suite 101 North Brunswick, NJ 08902 Tel. 732-545-7900 Fax 732-545-1030
Christopher J. McGinn, Esq. - NJ Attorney ID No. 40832001 THE LAW OFFICE OF CHRISTOPHER J. McGINN 20 Nassau Street, Suite 250W-2 Princeton, NJ 08542-4509 (732) 937-9400 - TELEPHONE (800) 931-2408 - FAX
Attorneys for Plaintiff
MAXINE GORRELL,
V.
Plaintiff,
TOWN AUTO SALES, INC., AUGUSTO VIOLA, and JOSE JAVIER
Defendants
SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY - LAW DIVISION
Civil Action: Docket No.: MID-1914-16
ORDER ENTERING JUDGMENT BY DEFAULT
This matter having been opened to the Court by the Wolf Law Firm, LLC and the Law
Office of Christopher J. McGinn, attorneys for Plaintiff Maxine Gorrell, seeking entry of
Judgment by Default against Defendants Town Auto Sales, Inc., Augusto Viola, and Jose Javier;
and the Court having received Plaintiffs application for Judgment by Default and any opposition
thereto; and for good cause appearing;
It is hereby ORDERED, ADJUDGED, and DECREED that:
1. Judgment by Default in favor of Plaintiff Maxine Gorrell is hereby entered jl"linHy ttnd
3C.cta!I:, against Defendant9-'.fown Aute SQ!@s, Im:, Augttsto Viola, am! :Tose Javier for
violations of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. and the Truth
in Consumer Contract, Warranty and Notice Act N.J.S.A. 56:12-14 et seq.
2. The Court awards Plaintiff Maxine Gorrell., amount of $ ______ for the
Page 1 of2
violations of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. from her
purchase of the 2004 Nissan Murano from Defendants T
Viola, and Jose Javier;
Auto Sales, Inc., Augusto
3. The Court awards Plaintiff Maxine Gorrell t amount of $ for the -------
violations of Truth in Consumer Contrac, Warranty and Notice Act N.J.S.A. 56:12-14
et seq. on the Payment Agreement D cument jointly and severally against Defendants
Town Auto Sales, Inc., Augusto iola, and Jose Javier;
4. Post-judgment interest at th Court Rate shall accrue on the awards set forth herein,
from the date ofthis Jud ent until paid;
5. The New Jersey Mot Vehicle Commission shall release the title to the a 2004 Nissan
Murano, VIN JN 1\Z08WX4W321 l 17, to Plaintiff Maxine Gorrell in her name, clear
of the lien hel by Defendant Jose Javier; and
6. Plaintiff · awarded reasonable attorney's fees and costs pursuant to the Consumer
Frau Act and the Truth in Consumer Contract, WatTanty and Notice Act and shall
submit an application for reasonable attorney's fees and costs within 14 days of this
IT IS FURTHER ORDERED that a copy of the within Order be served upon all parties
seven (7) days of receipt.
ANA C. VISCOMI, J.S.C.
WILlJRAHAM, LAWLER & lJUlJA lJy: Jessica A. Reenock, Esquire (#15142001)
30 Washington Avenue, Suite lJ3 Haddonfield, NJ 08033-3341 (856) 795-4422 Attorney for Defendant, Advance Stores Company, Incorporated
DWAYNE JOHNSON,
Plaintiff,
v.
ADVANCE STORES COMPANY, INCORPORATED, et al.,
Defendants.
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION MIDDLESEX COUNTY
NO. MID-L-6651-16 AS
CIVIL ACTION ASBESTOS LITIGATION
ORDER FOR SUMMARY JUOGMENT BY
DEFENDANT ADVANCE STORES COMPANY, INCORPORATED
This matter having come before the Court by Motion of Wilbraham, Lawler & Buba,
attorneys for Defendant Advance Stores Company, Incorporated, and the Court having reviewed
the moving and opposition papers, if any, and for good cause shown:
IT IS ON THIS \ 2,+h day of OC¼:Dw , 2017,
ORDERED that the motion of Defendant Advance Stores Company, Incorporated for
summary judgment is hereby granted and the Complaint and any Counterclaims and Cross
Claims are hereby dismissed with prejudice.
ORDERED that a copy of this Order shall be served on all counsel within seven (7) days
of the date hereof.
_Qpposed LUnopposed
Hon. Ana C. Viscomi, J.S.C.
··Having reviewed the above motion, 1 find it
to be meritorious on its face and is
unopposed. Pursuant to R. 1 :6-2, it
therefore will be granted essentially for the
reasons set forth in the moving papers."
CARUSO SMITH PICINI PC
Marcia DePolo, Esq. Attorney ID No.: NJ016882006 60 Route 46 East
Fairfield, New Jersey 07004
(973) 667-6000
Attorneys for Defendant, CertainTeed Corporation
DWAYNE JOHNSON,
Plaintiffs, vs.
AMERICAN INTERNATIONAL INDUSTRIES
INC., et al.,
Defendants.
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO. MID-L-6651-16AS
Civil Action
Asbestos Litigation
Order Granting Summary Judgment
This matter having come before the Court on motion of Caruso Smith Picini PC, attorneys
for Defendant, CertainTeed Corporation, and the Court having reviewed the moving and opposition
papers, if any, and for good cause shown;
ITIS ON THIS , 2017,
ORDERED the motion of Defendant, CertainTeed Corporation, for summary judgment is
hereby granted and the Complaint and any Counterclaims and Cross-Claims are hereby
dismissed with prejudice.
ORDERED that a copy of this Order shall be served on all counsel within seven (7) days
of the date hereof.
Papers Considered: VMoving Papers
__ Opposing Papers
Honorable Ana C. Viscomi, J.S.C.
"Having reviewed the above motion, I find it to be meritorious on its face and is unopposed. Pursuant to R.1 :6-2, it therefore will be granted essentially for the reasons set forth in the moving papers."
WILBRAHAM, LAWLER & BUBA By: Jessica A. Reenock, Esquire (#15142001)
30 Washington Avenue, Suite l33 Haddonfield, NJ 08033-3341 (856) 795-4422 Attorney for Defendant, General Parts, Inc.
DWAYNE JOHNSON,
Plaintiff,
v.
GENER.AL PARTS, INC,, et al.,
Defendants,
SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY
NO, MID-L-6651-16 AS
CIVIL ACTION ASBESTOS LITIGATION
ORDER FOR SUMMARY JUDGMENT BY DEFENDANT GENER.AL PARTS, INC,
This matter having come before the Court by Motion of Wilbraham, Lawler & Buba,
attorneys for Defendant General Parts, Inc., and the Court having reviewed the moving and
opposition papers, if any, and for good cause shown:
a..,--\\, n IT IS ON THIS I 0 day of V®'dr , 20 I 7,
ORDERED that the motion of Defendant General Parts, Inc. for summary judgment is
hereby granted and the Complaint and any Counterclaims and Cross-Claims are hereby
dismissed with prejudice.
ORDERED that a copy of this Order shall be served on all counsel within seven (7) days
of the date hereof.
___Dpposed _~v._uunnopposed
Hon. Ana C. Viscomi, J.S.C.
"Having reviewed the above motion, I find it
to bo meritorious on its face and is
unopposed. Pursuant to R.1 :6-2, it
therefore will be granted essentially for the
reasons set forth in the moving papers."
MARC LADUE and MARSHA LADUE,
Plaintiffs,
V.
AMERICAN HONDA MOTOR COMPANY, INC., et al.,
Defendants.
~,I.. oc1 ~D
"11\t,4 c I J lOtl · l1sc0
SUPERJOR ~OO~T OF NEW JERSEY
LAW DIVISION - MIDDLESEX COUNTY
CIVIL ACTION ASBESTOS LITIGATION
DOCKET NO.: MID-L-0827-17AS
ORDER
This matter having been opened to the Court upon Motion of Defendant Daimler Trucks
North America LLC, and the Court having considered the moving papers and all papers
submitted in response thereto, and in good cause having been shown;
IT IS on this I 3-th day of Q c::,h,\oer 20017, hereby ORDERED that
Plaintiffs Marc and Marsha Ladue's Complaint is dismissed as to Daimler Trucks North America
LLC as the Comi may not exercise personal jurisdiction over Daimler Trucks North America
LLC.
Opposed:
Unopposed:
BY THE COURT:
ANA C. VISCOMI, J.S.C.
·'Having reviewed the above motion, I find. it to be meritorious on its lace and 1s unopposed. Pursuant to R.1 :6-2, it uierefore will be granted essentially fo,'. the reasons set forth in the moving papers.
Nicea J. D' Annunzio, Esq. NJ Attorney ID 034901985
HARDIN, KUNDLA, MCKEON & POLETTO COUNSELLORS AT LAW
A PROFESSIONAL CORPORATION
673 MORRIS AVENUE
SPRINGFIELD, NEW JERSEY 07081
(973) 912-5222
Attorneys for Defendant, Harley-Davidson, Inc., improperly named as Harley-Davidson, Inc. d/b/a Harley-Davidson Motor Company, Inc. (Sued Individually And As Successor-In-Interest To American Machine And Foundry)
MARC LADUE AND MARSHA LADUE,
Plaintiffs, vs.
AMERICAN HONDA MOTOR COMPANY, INC., et. al.,
Defendants.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY Docket No. MID-L-0827-17 AS
Civil Action
ASBESTOS LITIGATION
ORDER
This matter having been opened to the Court upon the
application of Hardin, Kundla, McKeon & Poletto, P.A., attorneys
for Defendant, Harley-Davidson, Inc., improperly .named as Harley
Davidson, Inc. d/b/a Harley-Davidson Motor Company, Inc. (Sued
Individually And As Successor-In-Interest To American Machine And
Foundry), for an Order Dismissing plaintiff's complaint; and the
Court having considered the moving papers and for good cause shown;
IT IS on this \ 3+1-, day of Oc~es- , 2017,
ORDERED that the Motion of Defendant, Harley-Davidson, Inc.
d/b/a Harley-Davidson Motor Company, Inc. (Sued Individually And As
successor-In-Interest To American Machine And Foundry), to dismiss
the complaint based upon the doctrine of lack of personal
jurisdiction or in the alternative forum non conveniens is hereby
granted and the complaint, and any amendments thereto, and any and
all cross-claims are hereby dismissed; and it is further
ORDERED that a copy of this Order shall be served upon all
counsel within seven (7) days from the date of its receipt by
counsel for Defendant.
Honorable Ana C. Viscomi, J.S.C.
"Having reviewed the above motion, I find it to be meritorious on its face and is unopposed. Pursuant to R.1 :6-2, it therefore will be granted essentially for tile ret\sons set forth in the moving papers."
- 2 -
Nicea J. D' Annunzio, Esq.
NJ Attorney ID 034901985
HARDIN, KUNDLA, MCKEON & POLETTO
COUNSELLORS AT LAW
A PROFESSIONAL CORPORATION
673 MORRIS A VENUE
SPRINGFIELD, NEW JERSEY 07081
(973) 912-5222
Attorneys for Defendant, Harley-Davidson, Inc., improperly named
as Harley-Davidson Motor Company, Inc. (Sued Individually and as
Successor-In-Interest to American Machine and Foundry)
MARC LADUE AND MARSHA LADUE,
Plaintiffs,
vs.
AMERICAN HONDA MOTOR COMPANY,
INC., et. al.,
Defendants.
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
Docket No. MID-L-0827-17 AS
Civil Action
ASBESTOS LITIGATION
ORDER
This matter having been opened to the Court upon the Cross
Motion of Hardin, Kundla, McKean & Paletta, P.A., attorneys for
Defendant, Harley-Davidson, Inc., improperly named as Harley
Davidson Motor Company, Inc. {Sued Individually and as Successor
In-Interest to American Machine and Foundry), for an Order
Dismissing plaintiff's complaint; and the Court having considered
the moving papers and for good cause shown;
ORDERED that the Cross Motion of Defendant, Harley-Davidson,
Inc., improperly named as Harley-Davidson Motor Company, Inc. {Sued
Individually And As Successor-In-Interest To American Machine And
Foundry), to dismiss the complaint based upon the doctrine of lack
of personal jurisdiction and forwn non conveniens is hereby granted
and the complaint, and any amendments thereto, and any and all
cross-claims are hereby dismissed; and it is further
ORDERED that a copy of this Order shall be served upon all
counsel within seven (7) days from the date of its receipt by
counsel for Defendant.
Honorable Ana C. Viscomi, J.S.C.
"'Having reviewed the above motion, I find It to be meritorious on its face and Is unopposed. Pursuant to R.1 :6-2, it therefore will be granted essentially for the reasons set forth in the moving papers."
'
- 2 -
C. BRIAN KORNBREK - 02334-1992
GREENBAUM, ROWE, SMITH & DA VIS LLP
75 Livingston Avenue
Roseland, New Jersey 07068
(973) 535-1600 Attorneys for Defendant,
American Honda Motor Co., Inc.
MARC LADUE and SUPERIOR COURT OF NEW JERSEY
MARSHA LADUE, LAW DIVISION - MIDDLESEX COUNTY
Plaintiffs, DOCKET NO: MID-L-0827-17 AS
v. CIVIL ACTION
AMERICAN HONDA MOTOR COMPANY, ORDER
INC.;
BRENNTAG NORTH AMERICA, INC. (sued
individually and as successor-in-interest to
MINERAL PIGMENT SOLUTIONS, INC.
and as successor-in-interest to WHITTAKER
CLARK & DANIELS, INC.);
BRENNTAG SPECIALITIES, INC. f/k/a
MINERAL PIGMENT SOLUTIONS, INC.
(sued individually and as successor-in-interest
to WHITTAKER CLARK & DANIELS,
INC.);
CYPRUS AMAX MINERALS COMP ANY
(sued individually, doing business as, and as
successor to METROPOLITAN TALC CO.
INC. and CHARLES MATHIEU INC. AND
SIERRA TALC OCMP ANY and UNITED
TALC COMPANY);
4683734.1
DAIMLER TRUCKS NORTH AMERICA
LLC d/b/a FREIGHTLINER TRUCKS (sued
individually and as successor-in-interest to
FREIGHTLINER LLC);
HARLEY-DAVIDSON, INC. d/b/a HARLEY
DAVIDSON MOTOR COMPANY, INC.
(sued individually and as successor-in-interest
to AMERICAN MACHINE AND
FOUNDRY);
HARLEY-DAVIDSON MOTOR COMPANY,
INC. (sued individually and as successor-in
interest to AMERICAN MACHINE AND
FOUNDRY);
IMERYS TALC AMERICA, INC. (sued
individually and as successor-in-interest to
LUZENAC AMERICA, INC. successor-in
interest to CYPRUS INDUSTRIAL
MINERALS COMP ANY);
JOHNSON & JOHNSON;
PACCAR, INC. d/b/a KENWORTH TRUCK
COMPANY and/or PETERBILT TRUCK
COMPANY;
V ALEANT PHARMACEUTICALS
INTERNATIONAL CORPORATION;
VALEANT PHARMACEUTICALS NORTH
AMERICA, LLC;
WHITTAKER CLARK & DANIELS, INC.;
JOHN DOE CORPORATIONS 1-50
(fictitious);
Defendants.
4683734.l
-2-
THIS MATTER having been opened to the Court by Greenbaum, Rowe, Smith & Davis
LLP, attorneys for defendant, American Honda Motor Co., Inc. ("AHM"), and the Court having
reviewed the papers submitted on the cross-motion, as well as those submitted in opposition, and
good cause having been shown,
IT IS on this 12>-t~ay of OcA-,.-:2}2P'C '2017,
ORDERED that AHM's cross-motion to dismiss for forum non conveniens 1s
GRANTED; and it is
FURTHER ORDERED that plaintiffs' Complaint be and hereby is dismissed; and it is
FURTHER ORDERED that all cross-claims against AHM be and hereby are dismissed;
and it is
FURTHER ORDERED that a copy of this Order be served upon all counsel of record
within_±_ days.
PAPERS FILED AND CONSIDERED:
~NOTICE OF MOTION _ __:.__,_
-~ MOY ANT'S AFFIDA VIT(S)
_,_/_ MOV ANT'S BRIEF
__ ANSWERING AFFIDAVIT(S)
__ ANSWERING BRIEF
__ CROSS-MOTION
__ MOV ANT'S REPLY ___ OTHER:. ______ _
4683734.1
-3-
I cu~ . ANA C. VISCOMI, J.S.C.
"Having reviewed the above motion, I find it
to be meritorious on its face and is
unopposed. Pursuant to R.1 :6-2, it
therefore will be granted essentially for the
reasons set forth in the moving papers."
C. BRIAN KORNBREK - 02334-1992
GREENBAUM, ROWE, SMITH & DAVIS LLP
75 Livingston Avenue
Roseland, New Jersey 07068
(973) 535-1600
Attorneys for Defendant,
American Honda Motor Co., Inc.
MARC LADUE and SUPERIOR COURT OF NEW JERSEY
MARSHA LADUE, LAW DIVISION - MIDDLESEX COUNTY
Plaintiffs, DOCKET NO: MID-L-0827-17AS
v. CIVIL ACTION
AMERICAN HONDA MOTOR COMPANY, ORDER
INC.;
BRENNTAG NORTH AMERICA, INC. (sued
individually and as successor-in-interest to
MINERAL PIGMENT SOLUTIONS, INC.
and as successor-in-interest to WHITTAKER
CLARK & DANIELS, INC.);
BRENNTAG SPECIALITIES, INC. f/k/a
MINERAL PIGMENT SOLUTIONS, INC.
(sued individually and as successor-in-interest
to WHITTAKER CLARK & DANIELS,
INC.);
CYPRUS AMAX MINERALS COMPANY
(sued individually, doing business as, and as
successor to METROPOLITAN TALC CO.
INC. and CHARLES MATHIEU INC. AND
SIERRA TALC OCMP ANY and UNITED
TALC COMP ANY ;
4683920.l
DAIMLER TRUCKS NORTH AMERICA LLC d/b/a FREIGHTLINER TRUCKS (sued individually and as successor-in-interest to FREIGHTLINER LLC);
HARLEY-DAVIDSON, INC. d/b/a HARLEYDAVIDSON MOTOR COMPANY, INC. (sued individually and as successor-in-interest to AMERICAN MACHINE AND FOUNDRY);
HARLEY-DAVIDSON MOTOR COMPANY, INC. (sued individually and as successor-ininterest to AMERICAN MACHINE AND FOUNDRY);
IMERYS TALC AMERICA, INC. (sued individually and as successor-in-interest to LUZENAC AMERICA, INC. successor-ininterest to CYPRUS INDUSTRIAL MINERALS COMPANY);
JOHNSON & JOHNSON;
PACCAR, INC. d/b/a KENWORTH TRUCK COMPANY and/or PETERBILT TRUCK COMPANY;
V ALEANT PHARMACEUTICALS INTERNATIONAL CORPORATION;
V ALEANT PHARMACEUTICALS NORTH AMERICA, LLC;
WHITTAKER CLARK & DANIELS, INC.;
JOHN DOE CORPORATIONS 1-50 (fictitious);
Defendants.
4683920.1
-2-
THIS MATTER having been opened to the Court by Greenbaum, Rowe, Smith & Davis
LLP, attorneys for defendant, American Honda Motor Co., Inc. ("AHM"), and the Court having
reviewed the papers submitted on the motion, as well as those submitted in opposition, and good
cause having been shown,
IT IS on this \ O~ay of OCArn\oe, , 2017,
ORDERED that AHM's motion to dismiss for lack of personal jurisdiction 1s
GRANTED; and it is
FURTHER ORDERED that plaintiffs' Complaint against AHM be and hereby 1s
dismissed; and it is
FURTHER ORDERED that all cross-claims against AHM be and hereby are dismissed;
and it is
FURTHER ORDERED that a copy of this Order be served upon all counsel of record
within 1 days.
PAPERS FILED AND CONSIDERED:
/ NOTICE OF MOTION /MOY ANT'S AFFIDAVIT(S)
-----c?' __ MOVANT'S BRIEF __ ANSWERING AFFIDA VIT(S) __ ANSWERING BRIEF
CROSS-MOTION ---__ MOVANT'S REPLY ___ OTHER: ______ _
4683920.1
-3-
HON. ANA C. VISCOMI, J.S.C.
"Having reviewed the above motion, I find. it to be meritorious on its face and 1s unopposed. Pursuant to R.1 :6-2, it therefore will be granted essentially for tile reasons set forth in the moving papers."
O'TOOLE SCRIVO FERNANDEZ
WEINER VAN LIEU LLC
G!uy Van Lieu, Esq.; N.J. Atty ID #019971990
14 Village Park Road
Cedar Grove, New Jersey 07009
(973) 239-5700
Attorneys for Defendant,
Colgate-Palmolive Company, as
a successor-in-interest to The Mennen Company
MARGARET LASHLEY AND EDWARD
LASHLEY, Plaintiffs,
vs.
AMERlCAN INTERNATIONAL
INDUSTRlES, INC, et al.,
Defendants.
SUPERlOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO. MID-L-7336-16 AS
Civil Action
Asbestos Litigation
ORDER FOR SUMMARY JUDGMENT
This matter having come before the Court on motion of O'Toole Scrivo Fernandez Weiner
Van Lieu LLC, attomeys for Defendant, Colgate-Palmolive Company, as a successor-in-interest to
The Mennen Company ("Mennen") and the Court having reviewed the moving and opposition
papers, if any, and for good cause sho(C)
ITIS ON THIS\ 3~ayof&p~Ol7,
ORDERED the motion of Defendant Mennen's motion for siuumaiy judgment is hereby
granted and the Complaint and any counterclaims and cross-claims are hereby dismissed with
prejudice.
ORDERED that a copy of this Order shall be served on all counsel within seven (7) days
of the date hereof.
Papers Considered:
v'Moving Papers
__ Opposing Papers
~cJ~· Ana~omi, J.S.C.
"Having reviewed the above motion, I find it
to be meritorious on its face and is
unopposed. Pursuant to R.1 :6-2, it
therefore will be granted essentially for the
reasons set forth in \he moving papers."
RAWLE & HENDERSON LLP
John C. McMeekin II, Esquire #036331997
The Widener Building, 16th Floor
One South Penn Square
Philadelphia, PA 19107
(215) 575-4200
Attorneys for Defendant Cyprus Amax
Minerals Company
KAYLA MARTINEZ,
Plaintiff,
v.
AVON PRODUCTS, INC., et al.
Defendants.
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO. MID-L-1120-17 AS
ASBESTOS MOTION
CIVIL ACTION
/:11..1:0 ocr
I J 2011
ORDER FOR SUMMARY JUDGMENT FOR
DEFENDANT CYPRUS AMAX MINERALS
COMPANY
This matter having come before the Court on Motion of Rawle & Henderson LLP,
attorneys for Defendant Cyprus Amax Minerals Company, and the Court having reviewed the
moving and opposition papers, if any, and for good cause shown;
IT 1s oN THIS ! o'¾AY oF Oc:x12\:>es::: , 2017;
ORDERED the motion of Defendant Cyprus Amax Minerals Company for summary
judgment is hereby granted and the Complaint and any counterclaims and crossclaims are hereby
dismissed with prejudice.
ORDERED that a copy of this Order shall be served on all counsel within seven (7) days
of the date hereof.
Opposed ___ Unopposed /
!0824559-1
~ble Ana C. Viscomi, J.S.C.
"Having reviewed the above motion, I find it
to be meritorious on its face and is
unopposed. Pursuant to R.1 :6-2, it
therefore will be granted essentially for the
reasons set forth in the moving papers."
Michael R. McDonald, Esq. (Bar No. 031011987)
Jeffrey A Palumbo, Esq. (Bar No. 903352012)
GIBBONS P.C. One Gateway Center
Newark, New Jersey 07102
(973) 596-4500
Attorneys for Defendant
The Home Service Store, Inc.
WILLIAM QUICK and NANCY QUICK, on
behalf of themselves and those similarly situated,
Plaintiffs,
vs.
GLENN KRAMER, individually and d/b/a
MIGHTY OAK FLOORING, MIGHTY OAK
CONSTRUCTION, LLC and/or MIGHTY OAK
HARDWOOD FLOORING & TRIM; MIGHTY
OAK CONSTRUCTION, LLC; and THE HOME
SERVICE STORE, INC.,
Defendants.
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION MIDDLESEX COUNTY
DocketNo. MID-L-03088-15
Civil Action
ORDER
THIS MATTER having been brought before the Court upon the motion of Gibbons
P.C., attorneys for Defendant The Home Service Store, Inc., and the Court having reviewed the
papers in support of the motion and any timely opposition submitted thereto, and good cause
having been shown;
IT IS on this /3" day of October, 2017;
ORDERED that The Home Service Store, Inc.'s Motion for Stay Pending Appeal is
~ G~ED; and it is further
/b-11' ~SJ ORDERED that all proceedings in this Court stayed pending the resolution of The
Home Service Store, Inc. appeal of the Court'
motion to dismiss; and it is further
der denying The Home Service Store, Inc.'s
ORDERED that a copy of this Order be served upon all counsel ofrecord within seven
(7) days of Defendant's counsel's receipt hereof.
ThisM~is Opposed Unopposed
/0. /3, /1 the On court's statement of reasons d haw been set forth on the recor .
2
~cJ~-HON. ANA C. VISCOMI, J.S.C.
PORZIO, BROMBERG & NEWMAN
A Professional Corporation
Michelle Molinaro Burke (023772005)
l 00 Southgate Parkway
Morristown, NJ 07962-1997
(973) 538-4006
Attorneys for Third-Party Defendant
E. I. du Pont de Nemours and Company
MARY SCHULTZ,
Plaintiff,
V.
A.O. SMITH WATER CO., et al.,
Defendants,
and
AARON AND COMPANY, INC., et al.,
Defendants/Third-Party Plaintiffs,
V.
EXXON MOBIL CORPORATION, E. l. DU
PONT DE NEMOURS AND COMPANY, et al,
Third-Pattv Defendants.
1 ( -r
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO.: MID-L-6996-15 AS
ASBESTOS LITIGATION
CIVIL ACTION
ORDER GRANTING SUMMARY
JUDGMENT TO THIRD-PARTY
DEFENDANT E. I. DU PONT DE NEMOURS
AND COMPANY AS TO THIRD PARTY
PLAINTIFF AARON AND COMPANY, INC.'S
THIRD PARTY COMPLAINT.
This matter having come before the Court on Motion of Porzio, Bromberg & Newman, P .C.,
attorneys for E. l. du Pont de Nemours and Company, and the Court having reviewed the moving and
opposition papers, if any, and for good cau;\shown;
IT IS ON THIS l3'*1AY OF l)c.,w\otr, 2017,
ORDERED that Defendant E. I. du Pont de Nemours and Company's motion for summary
judgment is hereby granted, and the Third-Party Complaint of Aaron Company, Inc. and all Cross-Claims
are dismissed with prejudice.
3748129
A copy of this Order shall be served on all counsel within seven (7) days of the date hereof.
~QJ~, Ana C. Viscomi, J.S.C.
"Having reviewed the above motion, I find it
to be meritorious on its face and is
unopposed. Pursuant to R.1 :6-2, it
therefore will be granted essentially for t11e
reasons set forth in the moving papers."
7
PORZIO, BROMBERG & NEWMAN
A Professional Corporation
Michelle Molinaro Burke (023772005)
100 Southgate Parkway
Morristown, NJ 07962-1997
(973) 538-4006 Attorneys for Third-Patty Defendant
E. I. du Pont de Nemours and Company
MARY SCHULTZ,
Plaintiff,
V.
A.O. SMITH WATER CO., et al.,
Defendants,
and
WELL-McLAIN., et al.,
Defendants/Third-Party Plaintiffs,
V.
EXXON MOBIL CORPORATION, E. I. DU
PONT DE NEMOURS AND COMPANY, et al,
Third-Pattv Defendants.
SUPERIOR COURT OF NEW JERSEY
LAW DJVJSJON: MIDDLESEX COUNTY
DOCKET NO.: M!D-L-6996-15 AS
ASBESTOS LITIGATION
CJVJL ACTION
ORDER GRANTING SUMMARY
JUDGMENT TO THIRD-PARTY
DEFENDANT E. I. DU PONT DE NEMOURS
AND COMPANY AS TO THIRD PARTY
PLAINTIFF WEIL-McLAIN'S THIRD-PARTY
COMPLAINT
This matter having come before the Comt on Motion of Porzio, Bromberg & Newman, P.C.,
attorneys for E. J. du Pont de Nemours and Company, and the Court having reviewed the moving and
opposition papers, if any, and for good cause shown;
rTrsoNTms 1'.~r*tAvoF OC*,:,'oes--,2011,
ORDERED that Defendant E. J. du Pont de Nemours and Company's motion for summary
judgment is hereby granted, and the Third-Patty Complaint of Weil-McLain. and all Cross-Claims are
dismissed with prejudice.
3748129
A copy of this Order shall be served on all counsel within seven (7) days of the date hereof.
An~co;:,J.~~'
"Having reviewed the above motion, I find it
to be meritorious on its face and is
unopposed. Pursuant to R.1 :6-2, it
therelore will be granted essentially for the
reasons set forth in the moving papers."
PORZIO, BROMBERG & NEWMAN
A Professional Corporation
Michelle Molinaro Burke (023772005)
100 Southgate Parkway
Morristown, NJ 07962-1997
(973) 5 3 8-4006 Attorneys for Third-Party Defendant
E. I. du Pont de Nemours and Company
MARY SCHULTZ,
Plaintiff,
Y.
A.O. SMITH WATER PRODUCTS CO., et al.,
Defendants,
and
A.O. SMITH WATER PRODUCTS CO., et al.,
Defendants/Third-Party Plaintiffs,
Y.
EXXON MOBIL CORPORATION, E. I. DU
PONT DE NEMOURS AND COMPANY, et al,
Third-Party Defendants.
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO.: MID-L-6996-15 AS
ASBESTOS LITIGATION (IC'/' ~~A 1~ I v
CIVIL ACTION ~ f?& J ~,> ca,.,
'lft ORDER GRANTING SUMMAR~c>
JUDGMENT TO THIRD-PARTY .
DEFENDANT E, I. DU PONT DE NEMOURS
AND COMP ANY AS TO THIRD PARTY
PLAINTIFF A,O, SMITH WATER
PRODUCTS COMPANY'S THIRD-PARTY
COMPLAINT.
This matter having come before the Court on Motion of Porzio, Bromberg & Newman, P.C.,
attorneys for E. I. du Pont de Nemours and Company, and the Comt having reviewed the moving and
opposition papers, if any, and for good cause shown;
n 1s oN THIS i~ DAY oF OC*o'cier, 2011,
ORDERED that Defendant E. I. du Pont de Nemours and Company's motion for summa1y
judgment is hereby granted, and the Third-Patty Complaint of A.O. Smith Water Product Company, and
all Cross-Claims are dismissed with prejudice.
3748129
A copy of this Order shall be served on all counsel within seven (7) days of the date hereof.
(\ 1 ' ~cu~-Ana C. Viscomi, J.S.C.
·'Having revieweci the above motion, I find i\
to be meritorious on its lace and is
unopposed. Pursuant to R.1 :6-2, it
therefore will be granted essentially for the
reasons set forth in the moving papers."
PORZIO, BROMBERG & NEWMAN, P.C. Diane Fleming Averell 040172000 100 Southgate Parkway Monistown, NJ 07962-1997 (973) 538-4006 Attorneys for Defendant AFC-Holcroft, LLC
JOSE SOTO, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. MID-4527-17 AS
Plaintiffs,
v. CIVIL ACTION
(ASBESTOS LITIGATION)
3M CO., et al., ORDER GRANTING PRO HAC VICE ADMISSION
TO MICHAEL D. HULTQUIST, ESQ.
Defendants.
+ This matter having been opened to the Court by Porzio, Bromberg & Newman, P.C.,
attorneys for defendant, AFC-Holcroft, LLC, on application, pursuant to R. 1:21-2 for the
admission pro hac vice of Michael D. Hultquist, Esq., of the law firm of Dentons US LLP, 230
South Wacker Drive, Suite 5900, Chicago, IL 60606, and
3769476
The Court having considered that application, and for other good cause shown,
It is on this 13 +\-, day of (D &\Qbei.-- , 201 7,
ORDERED as follows:
(1) The application for admission pro hac vice of Michael D. Hultquist, Esq., who
has a long-standing attorney-client relationship with AFC-Holcroft, LLC, shall be
and hereby is granted.
(2) The attorney admitted pro hac vice shall:
(a) abide by the Rules Governing the Courts of the State of New Jersey,
including all disciplinary Rules;
(b) consent to the appointment of the Clerk of the Supreme Comt as agent
3769476
upon whom service of process may be made for all actions against him or
his film that may arise out of his participation in this matter;
( c) notify the Court immediately of any matter affecting his standing at the
bar of any Court; and
( d) have all pleadings, briefs and other papers filed with the Court signed by
an attorney of record authorized to practice in this State, who shall be held
responsible for him and for the conduct of the cause and of the admitted
attorneys therein;
( e) within 10 days of this Order, shall pay the fees required by R. 1 :20-1 (b ), R.
l:28B-l(e), and R. 1:28-2, and shall submit an affidavit of compliance;
and
(f) not be designated as trial counsel and no adjournment or delay in
discovery, motions, trial or any other proceeding will be requested by
reason of the attorney's inability to appear.
(3) Automatic termination of pro hac vice admission shall occur for failure to make
the required payment of the annual fee to the Lawyer's Assistance Fund and the
NJ Lawyer's Fund for Client Protection and proof of such payment shall be made
no later than Febrnary 1 of each year.
( 4) Noncompliance with any of these requirements shall constitute grounds for
removal.
2
IT IS FURTHER ORDERED that a copy of this Order shall be served upon all counsel
within 7 days from the date of this Order.
This Motion was:
D Opposed
~ Unopposed
3769476
Ana C. Viscomi, J.S.C.
3
THE LANIER LAW FIRM PLLC Attorneys for Plaintiff(s) Joseph N. Cotilletta, Esq. Attorney ID: 047092011 126 East 56th Street, 6th Floor New York, New York 10022 Tel.: (212) 421-2800
Jose Soto,
Plaintiff,
vs.
3M Co., et al.,
Defendants.
SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY
DOCKET NO. MID-L-04527-17
CIVIL ACTION ASBESTOS LITIGATION
ORDER
THIS MATTER having come before the Court upon the motion of Joseph N. Cotilletta of The
Lanier Law Firm, counsel for Plaintiff, and the Court having considered the moving papers, and for
other good and just cause shown;
IT IS on the \O~ay of ()(.-:lo\ocs- , 2017;
ORDERED that Plaintiff is hereby granted leave to file and serve an Amended Complaint, as
set forth in the accompanying Certification, to name Plaintiff as Jose Soto-Diaz and to name
Lindberg (a/k/a as Lindberg/MPH and Lindberg Engineering Co.) as an additional defendant; and
IT IS FURTHER ORDERED that all defendants who have been served with the motion
papers shall be deemed to have been served with the Amended Complaint and defendants'
previously filed Answers and Cross-Claims shall be deemed responsive to the amended pleadings;
and
IT IS FURTHER ORDERED that a copy of this Order be served upon all counsel of record
within -::J.-- days of the date of its entry.
1244944-1
1244944-1
Honorable Ana Viscomi, J.S.C
"Having reviewed the above motion, I find it to be meritorious on its face and is unopposed. Pursuant to R.1 :6-2, it therefore will be granted essentially for the reasons set forth in the moving papers."
Alexandra E. Ober, Esq. (ID #:015902012) LYNCH DASKAL EMERY LLP 137 West 25th Street, Fifth Floor ~; New York, New York 10001 Ocl <..~<) (212) 302-2400 [email protected] -<1,11
4 I ,1
Attorneys for Georgia-Pacific LLC, a North Carolina limited liability companyP '1 <0&> as successor to Georgia-Pacific LLC f/k/a Georgia-Pacific Corporation 3'co¼ ------------------ -------------------- X , <-(8
GEORGE ZIEGEL, SUPERIOR COURT OF NEW JER~EY
Plaintiff,
-against-
3M COMPANY., et al.,
Defendants.
·--------------------------- ------ X
LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO.: MID-L-5375-14AS ASBESTOS MOTION
Civil Action
ORDER GRANTING GEORGIA-PACIFIC LLC SUMMARY JUDGMENT
THIS MATTER having come before the Court on Motion of Lynch Daskal Emery LLP,
attorneys for defendant Georgia-Pacific LLC, a North Carolina limited liability company, as
successor to Georgia-Pacific LLC f/k/a Georgia-Pacific Corporation ("Georgia-Pacific") and the
Court having reviewed the moving and opposition papers, if any, and for good cause shown;
ITIS ON THIS ~04-h dayof Oc>1::obes- , 2017,
ORDERED that the motion of Defendant Georgia-Pacific for summary judgment is
hereby granted and the Complaint and any Counterclaims and Crossclaims are hereby dismissed
with prejudice;
ORDERED that a copy of this Order shall be served on all counsel within seven (7) days
of the date hereof.
~opposed [ ] Opposed
"Having rcviewGd tile abovG motion, I find it to be meritorious on its face and is unopposed. Pursuant to R.1 :6-2, it therefore will be granted essentially for the reasons set forth in the moving papers."
GIBBONS P.C. Ethan D. Stein, Esq. (NJ ID: 040581995) One Gateway Center Newark, New Jersey 07102 (973) 596-4500 Attorneys for Defendant Honeywell International Inc. (f/k/a AlliedSignal Inc., as successor-in-interest to The Bendix Corporation)
-1117
GEORGE ZIEGEL, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY DOCKET No.: MID-L-5375-14 AS
Plaintiff, vs.
3M COMPANY, et al.,
Defendants.
Civil Action
Asbestos Litigation
ORDER FOR SUMMARY JUDGMENT
This matter having come before the Court on the motion of Gibbons, P.C, attorneys for
Ddendant Honeywell Inte_rnatioµal Inc. (:u'k/a AlliedSignal Inc., as successor-in-interest to The
Bendix Corporation) ("Honeywell"), and the Court having reviewed the moving and opposition
papers, if any, and for good cause shown;
It is on this l~ of IC},&v\?er; 2017;
ORDERED that the motion of Defendant Honeywell for summary judgment is hereby
granted and the Complaint and any counterclaims and cross-claims are hereby dismissed with
prejudice; and it is further
ORDERED that a copy of this Order shall be served on all counsel within seven (7) days
of this date.
P~ considered: _ Moving papers _ Opposition papers
~cJ~-Ana C. Viscomi, J.S.C.
"Having reviewed the above motion, I find it to be moritorious on its face and is unopposed. Pursuant to R.1 :6-2, it thereforo will be granted essentially for the reasons set forth in the moving papers."
2559457.1 036953-89221