FROM CRUW TO:9086860885 08/20/2017 11:29:40 #438 P.002/027 CHAMLIN, ROSEN, ULIANO & WITHERINGTON, P.C. 268 Norwood Avenue, P.O, Box 38 West Long Branch, New Jersey 0764 (732) 229-3200 Attomcys for Plaintifi's), Anthony Salemo, Jr. “ANTHONY SALERNO. IR. SUPERIOR COURT OF NEW JERSEY LAW DIVISION-MONMOUTH COUNTY Plaintiff Docket No. MON 1-3002-17 vs CITY OF ASBURY PARK; OFFICE OF THE MAYOR OF CIVIL ACTION ‘THE CITY OF ASBURY PARK; COUNCIL OF THE CITY OF ASBURY PARK; JOHN MOOR, Individually and in SUMMONS capacity as Mayor of Asbury Park; JESSE KENDLE, Individualy and in bis eapacity as Counesiman of Asbury ark; YVONNE CLAYTON, todividually and in ber capacity 25 Couneilwoman of Asbury Park; and MICHAEL CAPABLANCO, Individoally and In is capacity as Cty ‘Manager of Asbury Park, Defendants, rom The State of New Jersey, To The Defondant(s) Named Above: ‘The plaintiff, named above, has fled a laweuit againot you in the Superior Court of New Jersey, The complaint attached to this sunumons states the basis for this lawsuit. If yon dispute this eomplsint, you or your aifomey must fle a ‘writen answer ot motfon and proof of service with tke deputy clerk of the Superior Court in the county listed above with. 35 days from the date you received this summons, not count the date you received it, (The address of each deputy clerk of the Superior Cour is provided.) [fthe complaint is one in foreclosure, then you mast fle your written answer ar motion and proof of service with the Clerk of the Superior Court, Hughes Justice Complex, CN 971, Trenton, NJ 08625. A Gling fee* payable (o the Clerk of the Superior Court and a completed Case Information Statement (available from the deputy clerk of the Supetior Court) must aecompany your answer of motion when itis filed. You must also send a copy of your answer or snotion to plaintiff's attorney whose name and address eppear above, of to plaintiff. if no attorney is uamed above, A telephone call will not proseet your rights; you must file and serve a writen answer or motion (with fee and completed Case {nformation Statement) if you wane the court tp hear your defense, 1 y0u do not file and serve a written answer or motion within 35 days, the court ay enter a jadgment against you forthe relief plattf demands, plus interest and costs of sui. U judgment is entered against you. the Sherif may size your sone), wags ot property fo pay al or pu ofthe judgment. you cannot afford an attorney, you may cal the Legal Services office in the county where you live, A list of those offices is provided. If you do not have an attorney end are not eligible for free legal essstance, you may obra a refetral 10 an attorney by eallng of the Lawyer Referral Services. &\ ist ofthese puuubets is also provided. ‘MICHELLE M. SMITH Clerk ofthe Superior Court Dated: August 29, 2017 Name of defendant to be served: CITY OF ASBURY PARK Address of defendant tobe served: City Halt F Municipal Plaza Asbany Park, NFO7712 * $175.00 FOR CHANCERY DIVISION CASES OR $175.00 FOR LAW DIVISION CASES.FROM:CRUW T0:0086880886 08/20/2017 11:91:20 #438P.000/027 CHAMLIN, ROSEN, ULIANO & WITHERINGTON ' 268 Norwood Avenue, P.O. Box 38 | West Long Branch, New Jersey 07764 aise (732) 229-3200 Atiomeys for Plaintiff, Anthony Salemo, Jr. ANTHONY SALERNO, JR. ————S*«SUPERIOR COURT OF NEW JERSEY LAW DIVISION MONMOUTH COUNTY Plaintiff, v. DOCKET NO. L-2c02- (9 CITY OF ASBURY PARK; OFFICE OF Civil Action THE MAYOR OF THE CITY OF ASBURY PARK; COUNCIL OF THE CITY OF ASBURY PARK; JOHN MOOR, Individually and in his Capacity as the Mayor of Asbury Park; JESSE KENDLE, Individuolly and in his Capacity as Counetiman of Asbury Pack; YVONNE CLAYTON, individually and In her capacity as Councilwoman of ‘Asbury Perks and MICHAEL CAPABIANCO, Individually and in his Capacity as City Manager of Asbury Patk, ‘COMPLAINT, JURY DEMAND, DESIGNATION OF TRIAL COUNSEL Defendants. Plaintiff, Anthony Salemo, residing at 20 Gladiola Drive, Howell, County of Monmouth, and State of New Jersey, says: STATEMENT OF F, iS 1. Plaintiff is a 64-year-old white male formerly employed as a police officerFROM:CRUW TO:0086880886 08/20/2017 11:01:82 #488 P.010/027 in the Asbury Park Police Department from July 1, 1988 through his retirement. 2, Plaintiff'was the oldest employee in the police department and the second- most senior sworn officer. 3. Plaintiff rose through the ranks of the Department, first being assigned as a Detective in June 1995, was promoted to the rank of Sergeant in March 1998, Lieutenant October 1999, Captain Fuly 2002, and Deputy Chief of Police May 2014. 4, Atall times relevant to the Complaint, Defendait City of Asbury Park was, and is the governing body in control over the Police Department of the City of Asbury Park, 5. Atall times relovant to the Complaint, the City of Asbury Park was a mayor- council form of government, 6. Atal times relevant to the Complaint, Defendant John Moor has served as the Mayor of the City of Asbury Park and acted as the agent, servant, aud employee of exch of the other Defendants and acted for all pertinent purposes within the scope and course of employment, 7. Atall times relevant to the Complaint, Defendant Jesse Kendle has served as a Councilman of the City of Asbury Park and acted as the agent, servant, and employee of each of the other Defendants and acted for all pertinent purposes within the seope and course of employment 8. At all times relevant to the Complaint, Defendant Yvonne Clayton has served as a Councilwoman of the City of Asbury Park and acted as the agent, servant, and employee of each of the other Defendants and acted for all pertinent purposes within the scope and course of employment,FROM:CRUW 10:0086880885 08/29/2017 11:31:44 8488 P.011/027 9, Atall times relevant to the Complaint, Defendant Michael Capabianeo has served as the City Manager of the City of Asbury Park and acted as the agent, servant, and employee of each of the other Defendants and acted for all pertinent purposes within the scope and comse of employment, 10. On July 1, 2014, Chief of Police Mark Kinmon took a Jeave from work. At that time, Plaintiff was assigned by the Chief with the approval of the City Manager to assume the duties of the Chief of Police and manage the day-to-day operations of the Department, 11. On September 1, 2014, Chief Kinmon's retirement beonme official and Plaintiff was designated the Acting Chief of Police of the Department, From that date forward until his retirement, Plaintiff was responsible for and trusted with all the duties and responsibilities of Chief of Police and held accountable for the same. 12, In 2013, on the Civil Service competitive examination for the rank of Deputy Police Chief, Plaintiff was the only one of three Captain candidates who passed the examination. Oxice promoted, the list was exhausted and the Department was without Civil Service list for that rank, | 13. The City filed to comply with Civil Service Code by calling for an ‘examination in order to maintain a current and active list. | 14. The City of Asbury Park also has not called for an exatnination for the rank of Chief of Police and has gone without an active list for this rank for nearly ten years, 15, The City of Asbury Park has continually avid routinely violated Civil Service Codes in order to circumvent the process for power and control over the selection process within the Department,FROM:CRUW TO:9086880885 08/29/2017 11:31:57 #498 P.012/027 16, In pursuit of its unlewfol agenda, the City arid specifically Mayor John Moor, Councilman Jesse Kendle and Councilwomen Yvonne Claytov have intentionally interfered with the hiring and promotional process and violwted City ordinances, cstablished laws, and rules in order to satisfy their agenda of promoting more officers of color in the Department, 17. Defendants John Moor and Jesse Kendle have stated that to make the presented promotions (on the eurrent promotion list (Civil Service)) they would be promoting white officers, just after the City demoted a black captain. 18, The Council also violated State Law when they discussed promotions in Closed Executive Session on December 14, 2016, and for these proceedings no Rice Notices were given to any employce affected by their discussion. 19, For the past two and a half years, the City: maintained the following organizational structure; Zeto (0) Chief of Police; One (1) Deputy Chiefs Zero (0) Inspector; Three (3) Captains; Six (6) Lieutenants, and Fifteen (15) Sergeants, 20, During this time the City has resolutely refused to make promotions that the Acting Chief of Police and the City Manager have presented’to the Mayor and Council despite the growing shortage of officers in higher ranks (due to retirements, death and/or termination) beoause, to do so, the City would have to promote white officers fo the rank of Chief of Poli ., Deputy Chief, Captain, Lieutenant and Sergeant given the racial composition of the current promotional lists 21. ‘The Mayor and Council have stated that they intend to change and thus ‘manipulate the Table of Orgonization again in February 2017 in order to usurp promotions ‘that should already have been made and to mitigate any potential civil liability. Mayor JohnFROM:CRUW T0:906880885 08/28/2017 11:22:06 #438 P.013/027 Moor has stated “let them (poliee officers) do what they have to and when they sue and if ‘we Tose we'll make the promotions. Let’s put it on them (the Courts.” 22, In the urrent form of government “councilsmanaget” the City Manager is the Appropriate Authority and the Appointing Authority. Because of this designation as well as Ordinance 2820; 2-8.5b the City Manager has the sole authority to appoint the Police Chief in accordance with New Jersey State and Civil Service Laws. 23. However, because the City of Asbiny Park is undergoing State Fiscal Monitoring all promotions must be authorized by the City: Manager, Chief Financial Officer, the State DCA monitor and the MAYOR, The State will not authorize a promotion without the signature of the Mayor even in the established form of government, 24, All positions Jisted agreed to approval the Plaintiff as Chief except Mayor Jokn Moor. 25. Civil Service Law (Title 4A) does not recognize “ ting” positions or appointments. 26, Defendants know the City is violsting Civil Service Law by not baving an active promotional list for all ranks and calling for an examination. when no list exists. ‘Personnel that are working out of job classification can only be done by designating them a “provisional” and that can only be done when there is no active list for promotions. Nevertheless, Plaintiff continued to serve in the capacity of Acting Chief of Police. 27. It is clear that racial motivations, not financial considerations, are forestalling the legitimate promotion of Deputy Chief Anthony Salerno, 28, ‘The City’s failure to maintain a proper chain of command and proper spa of control has resulted in excessive use of overtime, and thajor morale issues in theFROM:CRUW TO:0086880885 08/29/2017 11:92:14 #438 P.014/027 supervisors and command staff. Without propet leadership, structure and With low morale in the Department the taxpayers and City visitors ate in jeopardy. The City's actions are ‘unsafe, and financially unsound, 29. ‘The City receives substantial financial assistance from the State of New Jetsey pursuant to the Special Munieipal Aid Act, NSA. 52:27D-11.24, ef seg. The program is administered by the Director of the Division of Local Government Services in the Department of Community Affaits [hereinaer, the “DCA"]. As a condition of receiving this assistance from the State, the Act specifically: requires that the recipient mucicipality implement “any government, administrative, end operational efficiency, and oversight measures necessary for the fiscal recovery” as recommended by the Director and approved by the board, and be subject to a management and fiscal audit by the Director. NALSA, 52:27D-118.29, 30. To reach those ends, the Director has vequired each, municipality receiving such aid to enter into a memorandum of Understanding (hereinafter, "MOU"] between the municipality and the DCA. The City of Asbury Park entered into such a MOU with the DCA. 31. The MOU pemnits and does not prohibit making promotions to fill ‘vacancies in rank and file, 32. ‘There has not been a promotion denied by DCA .to fill vacancies during the Claimant's tenure as Acting Chief of Police, 33. The DCA has also told the City Manager they would approve the current promotion request, but only if the Mayor also approved thein, This decision by DCA circumvents the current form of government aud renders the lawful authority of the CityFROM:CRUW TO:908688080 08/20/2017 11:02:29 #438 P.015/027 Manager moot and provides greater authority to the Mayor than is prescribed by law for this form of government, 34. Purthermore, the MOU expressly prohibits Asbury Park from assigning any person in an “acting capacity.” 35. Under section Restrictions on Longevity Pay, Assignment of Individuals in fers, the MOU ¢, Promotions ‘and time, Salary. The Acting Capacities, Ove provides, “The Municipality shall not assign any person in an ‘acting capacity’ in regard to positions permanently vacated through death, retirement, termination, or resignation if the vacant position is eovered by the process for either a “Request to Hire Employees Roquiting Governing Body Advice and Consent Waiver Form” ot a “Request to Hire Senior and Confidential Employees Not Requiting Governing Body Advice and Consent Waiver.” Ip sach cases, the process for assigning a person to work in an ‘acting capacity” shall follow the process for permanently filling the vacancy,” 36. Therefore, the City violated the MOU by placing Plaintiff in an “acting capacity” of Chief of Police without permanently filling the position, 37. This is exacerbated by the fact that the City kept Plaintiff in the acting position for 29 months and also, after denying the promotion asked the Plaintiff to remain con until the end of 2017, 38. Upon information and belief, other employees of the City and members of the Council bave advised Plaintiff of their desire to promote Plaintiff, only fo be blocked bby the Mayor's refusal to sign the waiver requited by the DCA. 39, Upon information and belief, when the Mayor was advised that having an acting Chief of Police violates the MOU, the Mayor responded along the lines of, “Let him.FROM:CRUW TO:8086880888 08/20/2017 11:32:82 #438 P.016/027 sue, who cares, ifhe wins, we'll promote him.” 40, Sine the Claimant was promoted to the rank of Deputy Chiefin May 2014, Mayor John Moor has continued to deny Plaintiff a collective bargaining agreement for Deputy Chief 41, The delay of over eighteen months was an obvious delay strategy and an overt form: of workplace harassment. Bach of the submitted versions of the contract were preapproved by the City Manager priot to being retumed by the Mayor 42, Ultimately, all tems originally approved by the Mayor and Couneil were in the initial proposal. However, the Mayor removed the provision for “personal use of @ City vehicle” even though the City bas always supplied such a vehicle for 24-hour use (work and personal use) to all prior Chiefs of Police dating back to 1970. 43. During this time, Plaintiff was the only police employee without an ‘employment contract which is blatantly vindictive, retaliatory, harmful and abusive to the Claimant 44, Defendants have failed to conform to civil service requirements in relation to promotional matters, including the foilure to call for examinations, maintaining « current ‘promotional list for all ranks, and filling those ranks as vacancies occur 45. In addition, the New Jersey Constitution mandates that promotions be made in accordance with standards of “merit and fitness to be ascertained, as far as practical, by examination, which, as far as practical, shall be competitive..." Art. VI, Sect. 1, Par.2. 46. Defendants, without adhering to any promotional standards, or any established criteria to measure merit and fitness and without adhering to Now Jersey"s Civil Service Act and implementing regulations, purposefully has refused to promote PlaintiffFROM:CRUW TO:0086880886 08/20/2017 11:82:40 #438 P.017/027 despite indisputable vacancies at the rank of Chief of Police, the obvious genuine need to maintain the rank of Chief of Police, and the need to discontinue the use of “acting” positions that violate the Civil Service Act and the Memorandum of Agreement between the City of Asbury Park and the State of New Jersey's D.C.A. 47, Plaintiff’ believes ond alleges that Plaintiff's race was a substantial and determining factor in Defendants’ decision not to promote Plaintifé 48, Defendants follow a poliey and practice of reverse discrimination in ordex to deny equal employment opportunities for job assignments, promotions, wages and other terms and conditions of employment based on race. 49, Defendants’ conduct as alleged in this Complaint constitutes au unlawful employment practice in violation of the Law Against Discrimination, the New Jersey Civil Rights Act, and the Constitution of the State of New Jersey. RST COUNT ‘New Jersey Law Against Discrimination (Discrimination) 1, PlaintitF repeats each and every allegation contained above and makes the: same a part hereoC as if set forth at length herein, 2. Defendants have failed to promote Plaintiff based on bis race, Defendants? actions thus constitute unlawful reverse discrimination in violation of the New Jersey Law Against Disctimination [hereinafter, NILAD"}, N.J.8.A, 10:5-10 ef seg, which prohibits discrimination on the basis of race. 3. As aresult of Defendants adverse employment actions against 9FROM:CRUW To:2086880885 08/20/2017 11:22:49 #438 P.019/027 the Plaintiff, Plaintiff has been damaged and continues fo suffer substantial losses in earnings, retirement benefits, and other employee benefits that he would have received absent Defendants’ discrimination. 4, AS a further proximate result of the abovermentioned ects, Plaintiff has suffered humiliation, mental pain and anguish. 3. The above-mentioned acts of Defendants were willful, wanton and malicious, thereby justifying an award of punitive damages. WHBRET ‘ORE, Plaintiff Anthony Salerno, Jr., demands judgment against all defendants for: (1) compensatory and punitive damages allowable under the New Jersey Law Against Discrimination, inckuding but not limited to damages for mental and emotional anguish, humiliation, anxiety and distress; (2) together with counsel fees and costs of suit and expenses incurred as a result of defendants’ discriminatory acts as provided under the New Jersey Law Against Discrimination; and (3) all other general or specified relief, both at law and equity, to which Plaintiff’ may be justly entitled. SECOND COUNT New Jersey Law Against Discrimination (Harassment) A Plaintiff repeat hand every allegation contained above and makes same a part hereof asi set forth at length herein | 2. ‘The actions and inuclion of Defendants constitute harassment against Plaintiff, 10FROM:CRUW T0:0086880885 08/29/2017 11:92:66 #438 P.019/027 3, ‘As aresult of Defendants harassment ogainst the Plaintiff, Plaintiff has been, damaged and continues to suffer substantial losses in earnings, retirement benefits, and other employee benefits that he would have received absent Defendants’ discrimination. 4. Asa further proximate rosult of the above-mentioned acts, Plaintiff has suffered humiliation, mental pain and anguish. 5, The above-mentioned acts of Defendants were willful, wanton and tnalicious, thereby justifying an award of punitive damages. WHEREFORE, Plaintiff, Anthony Salerno, Jr. demands judgment against all defendants for: (1) compensatory and punitive damages allowable under the New Jersey Law Against Discrimination, inchding but not limited to, damages for mental and emotional anguish, humiliation, anxiety and distress; (2) together with counsel fees and costs of suit and expenses incurred as a result of defendants’ discriminatory acts as provided under the New Jersey Law Against Discrimination; and (3) all other general or specified relief, both at law and equity, fo which Plaintiff may be justly entitled, ‘THIRD COUNT Now Jersey Civil Rights Act 1. Plaintiff repeats each and every allegation contained above and makes the same a part hereof as if sot forth at length herein, rs Defendants have failed to promote Plaintiff because he is white. The Department's actions thus constitute unlawful reverse discrimination in violation of the the New Jersey Civil Rights Act, N. A, 10:6-1 ef seq.. [horeinafter, the “NICRA"), which creates a state law cause of action for violation of an individual's state statutoryFROM CRUW TO:0006880885 08/20/2017 11:33:05 #498 P.020/027 and/or constitutional rights, 3, Asa result of Defendants adverse employment actions against ‘the Plaintiff, Plaintiff has been damaged. WHEREFORE, Plaintiff Anthony Salerno, Jr., demands judgment against all defendants for: (1) compensatory and punitive damages allowable under the New Jersey Civil Rights Act, including but not limited to damages for mental and emotional anguish, humiliation, anxiety and distress; (2) together with counsel fees and costs of suit and expenses incurred as a result of defendants’ discriminatory acts as provided under the Now Jersey Civil Rights Act; and (3) all other general or specified relief, both at law and equity, to which Plaintiff may be justly entitled FOURTH COUNT i New Jessey Constitution 1, Plaintiff repeats each and every allegation contained above and makes the same a part hereof as if set forth at length herein. 2, Defendants, under color of state statute, ordinance, custom have subjected and caused Plaintifi'to be subjected to the deprivation of rights, privileges and immunities secured by the New Jersey Constitution and the laws of the State of New Jersey. 3. Defendants, acting under color of law, intentionally deprived Plaintiff of his civil rights. 4. Defendants City of Asbury Park and Asbury Park Police Department and the Council of Asbury Perk are liable for the actions of its members who were acting in their official capacities. 5. Defendants acts were done in a knowing violation of Plaintiff's legal and 12FROM:CRUW TO:9086880885 08/20/2017 11:38:13 #436 P.021 /027 constitutional rights. Defendants’ deprivation of Plaintiffs civil rights in violation of the New Jersey Constitution gives rise to Plaintiff's claim for redress under N.J.S.A, 10:6-1 et seq. 7, Asaresult of Defendants adverse employment actions against the Plaintiff, Plaintiff has been damaged. WHEREFORE, Plaintiff Anthony Salerno, Jt., demands judgment against all defendants for: (1) compensatory, consequential and punitive damages allowable under the New Jersey Civil Rights Act, including but not limited fo damages for mental and emotional anguish, humiliation, anxiety and distress; (2) together with counsel fees and costs of suit and expenses incurred as a result of defendants’ discriminatory acts as provided under the New Jersey Civil Rights Act; and (3) alf other general or specified relief, both at law and equity, to which Plaintiff may be justly entitled, EIETH COUNT Intentional Infligtion of Emotional Disttess J. Plaintiffrepeats exeh and every allegation contained above and makes same ‘a part hereof as if set forth at length herein 2. The aforesaid actions by the Defendants are intentional, extreme and ‘outrageous in nature. 3. Defendants intended to inflict emotional disteess upon Plaintiff by and through their aforesaid actions, 4, As aresult of the actions of defendants, Plaintiff has been caused to suffer from emotional disiress that no person would be expected to endure, 5. Asaresult of the emotional distress suffered by Plaintiff, Plaintiff has been 13FROM:CRUW TO:0096880886 08/29/2017 11:38:21 #436 P.022/027 damaged. WHEREFORE, Plaintiff demands compensatory and punitive damages, counsel fees and costs of suit, and such other relief as the Court may deem equitable and just. SIXTH COUNT. Negligent Infliction of Emotional, Disttess. J. Plaintiff repeats each and every allegation contained above and makes the same a part hereof as if set forth at length herein, 2 ‘The aforesaid actions’ by defendants are outrageous in nature, 3. Defendants negligently inflicted emotional distress upon Plaintiff by and through their aforesaid actions, 4 As a result of the actions of defendants, Plaintiff has been caused to suffer from emotional distress which has exhibited itself in physical complaints and symptoms. 5. Ag a result of the emotional diswess and physical complaints and symptoms suffered by Plaintiff, Plaintiff has been damages. WHEREFORE, Plaintiff demands compensatory and punitive damages, counsel fees and costs of suit, and such other relief as the Court may deem equitable and just. SEVENTH COUNT Respondeat Superior Against City, Office of Mayor, Council 1. Plaintiff repeats each and every allegation contained above and makes the same a part hereof as if set forth at length herein, 2. Avall points in time described in Plaintiff’s Complaint, the aforesaid 4FROM:CRUW TO:2086080886 08/20/2017 11:99:20 #438 P.029/027 Defendants were employed by and acting on behalf of the City. of Asbury Park. 3. Pursuant to the theory of respondeat superior, Defendant City of Asbury Park is responsible to Plaintiff for any and all damages sustained as a result of the actions of Defendants Meor, Kendle, Clayton, and Capabianco acting in their respective positions ‘within the City. WHEREFORE, Plaintiff demands compensatory and punitive damages, counsel fees and costs of suit, and such other relief as the Court may deem equitable and just. DEMAND.POR JURY TRIAL, Plaintiff herein demands a trial by jury as to all issues, TRIAL ATTORNEY DESIGNATION Charles J, Ulinno, Esq, is hereby designated as tial attomey. (CHAR AB J, ULIANO, ESQ. Chamfif Rosen Uliano & Witherington Atiomeys for Plaintitt @ \TIQN PURSUANT TO R. 4:5-1 1, the unclersigned certifies that to the best of his knowledge, Pursuant to Rule the within matters in controversy are not the subject of any other action pending in any other Court or of a pending arbitration proceeding nor is: any action or arbitration proceeding contemplated stor are other parties required to be joined in this action. 15[PROM:CRUW T0:2086880885 08/20/2017 11:93:36 #438 P.024/027 LIANG, ESQ. Cham Rosen Ulfano & Witherington Attomeys for Plaintiff DEMAND FOR, PRODUCTION OF INSURANCE AGREEMENTS Pursuant to R, 4:10-2(b), demand is hereby made that you disclose to the undersigned whether there are any insurance agreements o policies under which any person or firm carrying on an insurance business may be Jiable to satisly all or part of a judgment which may be entered in the action or to indemnify or reimburse for payment made to satisfy the judgment. If so, please attach a copy of each, or in the alternative state, under oath and certification: (@) policy number; (b) name and address of insurer; (c) inception and expiration date; (d) names and addresses of all persons insured thereunder; and (e) policy limits 16FROM:CTUW TO.9086880865 08/28/2017 11:38:43 #438 P.026/027 wppendix X11-B Civil. CASE INFORMATION STATEMENT Ee (cls) Gwarsen. Use for inal Law Division ee Civif Part pleadings (not motions) under Rule 4:5-1 Pleading will be rejected for filing, under Rule 1:5-6(c), [Gvewavweut Ifinformation above the black bar is not completed ‘or attorney's signature is not affixed RirontioneeR ATTORNEY PROS NAME TELEPHONE NOWOET Con OF VENUE Charles J, Ulan, E84. (732) 229-3200 Monmouth FRVANAME Gappicbe) DOGKET NURGER (an avaaio) Charmin, Rosen, Uliano & Wihorington 2 30Cc27 SFRICE ADDRESS BOGUMENT TPE "268 Norwood Ave Complaint PO Box 38 West Long Branch, Nu 07764 WRY DEAN Ye CI NO TAREO? PARTY (oa. tho Bae Plant) Grow Anthony Salemo, Jt. Anthony Selemo, Jt v8, City at Asbury Path, etal, CASETIPERUNGER | auRRCANE SANOY (See rveree sida fortatng) | RELATED? {6 TH APROFESSIONAL MALPRACTICE CASE? ves miso an TI ¥e5 BNO | i yoUHAve CHECKED "YES.’SEE NvSA.2A3 4-27 AND APPLICABLE CASELAW of egarone YOU OBLIGATION TO ELE AN AFFIOAUT OF MERIT RECATED CARES PENEING TF YES. IST DOCKET NUMBERS Ove iano BO YOU ANTIOPATE ADDING ANY PARTIES DEFENDANTS PRARY INSURANCE COMPANY (Tamm) (arishy oa same transac or eeuence)? 1D Nowe BE avn a SMe [CASE CHARACTERISTICS FOR PURPOSES OF DETERAINING f CASE IS APPROPRIATE POR MEDIATION "BSPARTIES TAVE ACUARENT PAST OR TE YES. B THAT RELATIONSHIP! RECURRENT RELATIONSHP? Bi corovereuroves Gl Fcaneseor — CJ Ons (eelan) Wes Dino ED min 5 bonnes DOES THE STATUTE GOVERNING THI GAGE PROVIDE FORPAYWENT OF FEESBY THELOSNG PARTY? Yes U1 NO. TUBE This SPAGE TOALERT TH COURT TO ANTY SPECIAL CASE CHARACTERISTICS THAT AY WARRANT NONIDUAL WANAGEMENT OR ‘ABDBLERATED DISPOSITION BS TOT OA ER TT ES RR TOTTI NSO] VES, PAE TY TRE REOLETED ECONODATON 1G von Bn Vic ERT MEER TSE Panwa ansanae Dyes Bw ‘certy that confidential personal Wonfifiers have been rodacted from documenta now submited othe court, and willbe | ‘edactod from at documents, gubrmitid in tha futura In accordance with Rule 1:38-7(), ATTORNEY S.oNATAG: Cf Lie ‘extve oonw0r7ZeN 10517 page #ot2FROM:CRUW TO:0086880886 08/20/2017 11:33:56 #488 P.026/027 CIVIL CASE INFORMATION STATEMENT (cis) ‘Use for etal plossinge not rations) under Ru 45-1 CASE TYPES (Choose one and enter number of case type in appropriste space on tho raverse side.) Track! = 160 days’ discovery {et NAME CHANGE 75 Forrenune 302 Tenanor Ban REAL PROPERTY (ote Torancy, Correct, ordemnation, Comex Commo or Conon) $92. SOOKACCOUNT (sat calacion mato ort $05, OTHER NSURANDE GLAM (raudeg dodotor judgment eens) 0s Pir COVERAGE 510 iar Una CLA (coverage suo oly) Ht ACTION ON NEGOTIRELE RSTAUMENT biz (EMO LAW, 801 SUMMARY ACTION $92, OPEN PUSLIG RECORDS ACT tummary aten} ‘980, OTHER (xiey aovrbe natu wc) ‘Track I - 200 days" discovery os “GONSTAUETION S00 EUPLOVAEER (cer man CEPA a LAD) 90, CONTRACTIOOMNERCIAL TRANSACTION 1802W AUTO NEGLIGENCE ~ PERSONAL INJURY (nonverbal veehoe) (602¥ AUTO NEGLIGENCE ~ PERSONAL INJURY (otal ieanol) Ss PERSONAL NIURY B10 AUTO NEGLIGENCE PROPERTY DAMAGE 21 Umer UM CLAM riuGos bey gy) 699, TORT OTHER Trac 480 days cscovery ‘oh ots $82 CONDEMNATION Ste ASSAULT AND BATYERY ba MEDICAL MALPRACTICE Sos. PRODUCT LABILITY 607, PROFESSIONAL MALPRACTICE 06 Toxic TORT S09 berawion 110 WHISTLEBLOWER / CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASE 17 INVERSE CONDEMNATION. 8 LAW AGAINST DISCRIMINATION (LAD) CASES ‘Track V + Active Cage Wanagoment by individual Judge / 460 days’ discovery S80 ENVINONMENTALENVIRONUENTAL COVERAGE LITIGATION. 3 ME LAUREL Bos COMPLEX CoMmERCin. S13 ComPtex CoNsTAUCTION Si4 INSURANCE FRAUD 20 FASE CLAMS ACE JO) ACTIONS IN LIEU OF PREROGATIVE WAITS Muiticounty Lidgation (Track 1V) 271 ACGUTANE/SOTRETINON 22 PELviC MEsHRARD 314 RISPEROALSEROGUELYPREXA 203. DEPUYASR HiP IMPLANT UTiGATION 2h BRISTOLWVERS SQUIGG ENVIRONMENTAL 200 ALLODEAM REGENERATIVE THSSUE MATRIX 282 ROSAUAR BOS STAVKER REJUVENATEASG I MODULAR MiP STEM COMPONENTS es. Gtevkce T=IDENT HP WHPLANTS Buy IRENA CONTRACEPTIVE DEVICE 365. Levagun Bab OivesARtAN McOCRONL VEDICATIONSINERICAR, 267 YanWASMmWocELLA, 300 TaLCangebnOoT PONDERS 280 REGLAN ASBESTOS 200. 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