Case 2:22-cv-00212-CCC-CLW Document1 Filed 01/18/22 Page 1 of 19 PagelD: 1
`
`File No. WH-96-CM
`ATTORNEYID 050371991
`FISHMAN MCINTYRE LEVINE SAMANSKY,P.C.
`120 Eagie Rock Avenue
`Eas¢ Hanover, New Jersey 07936
`Tel: (973) 560-9000
`Fax: (973) 560-0060
`Attorneys for Defendants, Whole Foods Market Group, Inc. i/p/a Whole Foods Market, Whole
`Foods, Market World Headquarters and Whole Foods Market Mid-Atlantic Regional Office
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`MERCEDES PENA
`
`Plaintiff
`
`VS,
`
`> CIVIL ACTION NO.
`
`WHOLE FOODS MARKET, WHOLE
`FOODS MARKET WORLD
`HEADQUARTERS, WHOLE FOODS
`MARKET MID-ATLANTIC REGIONAL
`OFFICE, JOHN DOES 1-100 (fictitious
`natural persons) and ABC CORPORATION:
`1-100 (fictional businessentities)
`:
`
`Defendants
`
`PETITION FOR REMOVAL
`
`Petitioner, Whole Foods Market Group, Inc. i/p/a Whole Foods Market, Whole Foods,
`
`Market World Headquarters and Whole Foods Market Mid-Atlantic Regional Office by its attorneys,
`
`Fishman McIntyre Levine Samansky, P.C., respectfully petitions the United States District Court
`
`for the District of New Jersey as follows:
`
`1.
`
`Defendants, Whole Foods Market Group, Inc. i/p/a Whole Foods Market, Whole
`
`Foods, Market World Headquarters and Whole Foods Market Mid-Atlantic Regional Office first
`
`received a copy of the Complaint on or about January 15, 2022 through their registered agent.
`
`2.
`
`This case was commenced on October 28, 2021 in the Superior Court of New
`
`

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`Case 2:22-cv-00212-CCC-CLW Document1 Filed 01/18/22 Page 2 of 19 PagelD: 2
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`Jersey, Law Division, Bergen County Suit is identified in the Superior Court as Pena, Mercedesv.
`
`Whole Foods Market, Docket No. L-7055-21. (See Exhibit A)
`
`3.
`
`Thefiling ofthis Petition for Removalis timely becauseit is filed within thirty days
`
`of the date Defendants, Whole Foods Market Group, Inc. i/p/a Whole Foods Market, Whole Foods,
`
`Market World Headquarters and Whole Foods Market Mid-Atlantic Regional Office first received
`
`notice of the lawsuit.
`
`4,
`
`The plaintiffs Complaint in the Superior Court of New Jersey, Law Division,
`
`Bergen County, asserts damages of a non-specified amount. Plaintiff alleges she was caused to
`
`slip and fall due to a celery lying on the ground and sustained severe and permanent injuries. As
`
`such, Defendants, Whole Foods Market Group, Inc. i/p/a Whole Foods Market, Whole Foods,
`
`Market World Headquarters and Whole Foods Market Mid-Atlantic Regional Office believes that
`
`the amount in controversy exceeds $75,000, exclusive of interest and costs.
`
`5.
`
`Defendants, Whole Foods Market Group, Inc. i/p/a Whole Foods Market, Whole
`
`Foods, Market World Headquarters and Whole Foods Market Mid-Atlantic Regional Office is
`
`informed and believes that Plaintiff, Mercedes Pena, is an individual citizen of the State of New
`
`Jersey. Defendant/petitioner, Defendants, Whole Foods Market Group, Inc. i/p/a Whole Foods
`
`Market, Whole Foods, Market World Headquarters and Whole FoodsMarket Mid-Atlantic Regional
`
`Office is incorporated in the State of Delaware andits principal place of businessis in the State of
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`Texas. The action is therefore between citizens and a corporation of otherstates.
`
`6.
`Accordingly, this action is removable to this Court pursuant to 28 U.S.C. § 1441.
`WHEREFORE,Petitioner, Defendants, Whole Foods Market Group,Inc. i/p/a Whole Foods
`
`Market, Whole Foods, Market World Headquarters and Whole Foods Market Mid-Atlantic Regional
`
`Office in the action described herein, which is currently pending in the Superior Court of the State
`
`

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`Case 2:22-cv-00212-CCC-CLW Document1 Filed 01/18/22 Page 3 of 19 PagelD: 3
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`of New Jersey, Law Division, Bergen County, Docket No. L-7055-21, prays that this action be
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`removed therefrom to this Court.
`
`DATED:
`
`January 18, 2022
`
`Defendants, Whole Foods Market Group,Inc.
`i/p/a Whole Foods Market, Whole Foods,
`Market World Headquarters and Whole Foods
`Market Mid-Atlantic Regional Office
`
`BY:
`
`Christopher E, McIntyre, Esq.
`
`I certify that a true copy of the Complaint filed in the Superior Court of the State of New
`Jersey, County of Bergen, along with a copy of the Summonsissued to this defendant, is annexed
`
`hereto as Exhibit A.
`
`BY:
`
`istopher E. McIntyre, Esq.
`
`

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`EXHIBIT A
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`

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`Jean-Claude Labady, Esq.
`(NJ Attorney ID: 039611992)
`GARCES, GRABLER & LEBROCO,P.C.
`} 20 Green Street
`Newark, New Jersey 07102
`Tel. (973) 848-0500
`
`Attorneys for Plaintiff(s), Mercedes Pena
`|| MERCEDES PENA,
`
`WHOLE FOODSMARKET; WHOLE
`FOODS MARKET WORLD
`HEADQUARTERS; WHOLE FOODS
`| MARKET MID-ATLANTIC REGIONAL
`{| OFFICE; JOHN DOES 1-100 (fictional
`| natural persons); and ABC
`| CORPORATION1-100(fictional business
`entities),
`
`Defendants.
`
` SUPERIOR COURTOF NEWJERSEY
`
`LAW DIVISION: BERGEN COUNTY
`
`DOCKET NO: BER-L-
`
`CIVIL ACTION
`
`COMPLAINT,
`.
`JURY DEMAND,
`DESIGNATION OF TRIAL COUNSEL,
`REQUEST FOR DISCOVERY OF
`INSURANCE COVERAGE,
`DEMAND FOR ANSWERS TO
`INTERROGATORIES AND
`DEMAND FOR PRODUCTION OF
`DOCUMENTS
`
`
`
`Plaintiff, MERCEDES PENA,residing at 17 Water Street, in the City of Hackensack,
`
`| ‘County of Bergen, State of New Jersey by way of Complaint against the Defendants hereby |
`
`alleges:
`
`1.
`
`County of Bergen, State of New Jersey.
`
`FIRST COUNT —
`
`Plaintiff, MERCEDES PENA,residing at 17 Water Street, in the City of Hackensack,|
`
`

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`2.
`
`Bergen Town Center, in the City of Paramus, County of Bergen, State of New Jersey.
`
`3.
`
`At all times mentioned herein and prior thereto, Defendant, WHOLE FOODS
`
`MARKET WORLD HEADQUARTERS,located at 550 Bowie Street, City of Austin, State of Texas,
`
`owned, managed, controlled, and/or operated the property located at or near 300 Bergen Town
`| Center, in the City of Paramus, County of Bergen, State of New Jersey.
`:
`
`4,
`
`At all times mentioned herein and prior thereto, Defendant, WHOLE FOODS
`
`MARKET MID-ATLANTIC REGIONAL OFFICE,located at 5515 Security Lane, in the City of.
`| Rockville, State of Maryland, owned, managed, controlled, and/or opérated the property located
`
`At all times mentioned herein and prior thereto, the Defendant, WHOLE FOODS
`MARKET,located at 300 Bergen Town Center, in the City of Paramus, County of Bergen, State
`| of New Jersey, owned, managed, controlled, and/or operated the property located at or near 300
`
` individually and/or jointly or severally, or by their agents, servants, and/or employees, for the
`
`
`
`at or near 300 Bergen Town Center, in the City of Paramus, County of Bergen, State of New Jersey.
`
`5,
`
`Atall times mentioned herein and prior thereto, the Defendants, were responsible,
`
`}
`
`inspection,|
`control, management,
`repair, operation,
`construction,
`‘ownership, design,
`‘maintenance,and/or supervision ofthe aforesaid propertylocated at or:or300BergenTownCenter,
`
`in the City of Paramus, County of Bergen, State of New Jersey, together with its sidewalks,|
`walkways, passageways and appurtenancesthereto.
`:
`|
`6.
`At all
`times mentioned herein and prior thereto,
`the Defendants, AB.C.1
`
`COMPANIES (1-100), are fictional Defendants designated as other corporations, partnerships,
`
`proprietorships, or other business entities responsible, individually and/or jointly or severally,
`
`

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`orby their agents, servants, and/oremployees, for the ownership, lease, operation, repair, design, :
`
`maintenance, use and/or supervision of the premises which are the subject of this litigation.
`
`7.
`
` Atall times mentioned herein and prior thereto, the Defendants, JOHN DOES (1-
`
`100), are fictional Defendants designated as other individuals responsible, individually and/or
`
`jointly or severally, or by their agents, servants, and/or employees, for the ownership, lease,
`
`operation, repair, design, maintenance, use and/or supervision of the premises which are the
`
`subject of this litigation.
`
`8.
`At all times mentioned herein and prior thereto, the Defendants owned,leased,
`| designed, constructed, repaired, operated, controlled, managed, were responsible for inspected,
`
`maintained, and/or supervised the premises, located at or near 300 Bergen Town Center, in the
`
`. City of Paramus, County of Bergen, State of New Jersey,, together with its sidewalks, railings,
`
`banisters, hallways, walkways, passageways,stairs, steps and/or appurtenancesthereto.
`
` and fell, existed at the time of her fall, had existed for an appreciable time, and constituted an
`
`9.
`On or about Apri] 10, 2020, Plaintiff, MERCEDES PENA, waslawfully walking on
`the sidewalk, walkway, and/or passageway of the premises located at or near 300 BergenTown
`| Center, {in the City of Paramus, County of Bergen, State of New Jersey, vwhensuddenly, without:
`or warning,while walking through a aisle, Plaintiffwascausedto slip andfallduetocelerylying
`on the ground and sustained severe and permanentinjuries,
`
`10.
`
`The dangerous and hazardous condition of the premises, which Plaintiff slipped:
`
`unreasonable risk of harm to persons, including the Plaintiff, who was walking on it. No notice
`of the condition was given to the Plaintiff by any means and no warning or caution sign was |
`
`

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`posted at any place on the sidewaik, walkways, steps, staits and/or passageway, or elsewhere
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`respecting the dangerous and defective condition.
`
`11.
`
`The dangerous and defective condition within the premises constituted a nuisance
`
`with respect to members of the public, including the Plaintiff, lawfully entering and walking on
`
`|
`
`theaisle,
`At all times mentioned herein and prior thereto, Defendants had a duty to
`12.
`individuals, including the Plaintiff, to operate, construct, repair, design, and/or maintain the
`premises, including the sidewalk, passageway, stairs, steps, walkways and appurtenances.
`
`thereto, in a reasonably safe condition for the use of individuals walking on or in them.
`13.
`At the same timeand place; Defendants, by and through themselves, their agents,
`‘servants and employees were careless, reckless and negligent in that they:
`
`a.
`
`Failed to properly design, construct, repair, operate, control, manage, inspect,
`
`maintain, and/or supervise the aforesaid premises, and its walkways, sidewalks,stairs, steps,
`
`and passageways;
`
`b.
`
`Failed to properly design, construct, repair, operate, control], manage, inspect,
`
`and/orstairs to exist within the premises;
`
`
`
`passageways, within the premises in conformity with the Basic National Building Code, National |
`Bureau ofStandards, or the NFIPA Life Safety Code;
`
`c.
`
`Permitted the utilization of faulty walkways, sidewalks, passageways, steps|
`
` ‘maintain and/or supervise the aforesaid premises, and its walkways, sidewalks, and
`
`

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`d.
`
`Failed to keep the premises and sidewalk, passageways,stairs, steps, and/or|
`
`walkwaysin a reasonably safe condition;
`
`e.
`f.
`
`Failed to exercise reasonable care for the safety of the Plaintiff;
`Allowed a dangerous and hazardous condition to exist within the premises,
`
`|
`
`including the walkways, sidewalks, stairs, steps, and/or passageways;
`
` anxiety, depression, inconvenience, and distress; Plaintiff is prevented from pursuing and
`
`direct and proximateresult of the negligence and carelessness by Defendants.
`| 15.
`As a direct and proximateresult of the carelessness, recklessness, and negligence of:
`the Defendants, the Plaintiff was caused to | fall and sustain severe, painful, disabling, and
`
`g.
`
`h.
`
`| premises;
`
`i.
`
`j.
`
`Allowed a nuisanceto exist on the premises;
`
`Failed to. provide proper safeguards and warnings for persons lawfully on the
`
`Failed to provide proper supervision to Plaintiff while lawfully on the premises;
`
`Failed to provide proper, safe and clear access for persons allowed to use the
`
`property, including its walkways, sidewalks,stairs, steps, and/or passageways; and
`
`k,
`
`Were otherwise careless, reckless and negligent.
`
`14.
`
`The aforesaid conditions then and there existing on said premises occurred as a
`
`permanent injuries, which injuries necessitated obtaining medical treatment; Plaintiff was.
`
`compelled and shall in the future be compelled to expend large sums of money for medical care
`
`and attention, as well as endure great physical and emotional pain, suffering, disability, stress,
`
`‘enjoying usual family activities; attending to duties and chores and from assuming employment |
`
`5
`
`

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`and Plaintiffs earning power has been materially and adversely affected; and Plaintiff was
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`otherwise damaged.
`
`WHEREFORE, Plaintiff demands judgment against
`
`the Defendants,
`
`individually,
`
`concurrently, jointly and severally, for damages together with interest, costs of suit, attorney's
`
`
`
`fees, and such other andfurtherrelief as the Court may deem just and appropriate.
`
`The Plaintiff hereby demandsa trial by jury on all of the triable issues of this Complaint,
`
`JURY DEMAND
`
`pursuant to Rule 1:8-2(b) and Rule 4:35-1(a).
`
`GARCES, GRABLER & LeBROCQ, P.C.
`Attorneys for Plaintiff
`
`Byy
`JEAN-CLAUDE LABADY, ESQ.
`
`DESIGNATION OF TRIAL COUNSEL
`
`| Dated: October 25, 2021
`
`Pursuant to Rule 4:25-4, JEAN-CLAUDE LABADY, ESQ, is hereby designated astrial |
`| counsel for the Piaintiff inthe above matter.
`
`
`
`‘Dated: October 25, 2021
`
`GARCES, GRABLER & LeBROCO, P.C.
`
`Attorneys for Plaintiét. N-@LAUDELABADY,ESQ.
`
`
`
`

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`CERTIFICATION OF NON-PENDENCY
`
`Pursuant to Rule 4:5-1, I hereby certify that to the best of my knowledge that the above
`
`captioned matter is not the subject of any other pending action in any Court or of a pending
`
`| arbitration proceeding, except a worker's compensation claim against the plaintiff's employer. I
`
`‘hereby certify that no other action orarbitration is being contemplated by the Plaintiff. Other than
`the parties set forth in this pleading, I know of no otherparties that should be joined in the above
`
`action.
`
`‘answer Form C and Form C(1) Interrogatories of Appendix II of the NJ. Rules of Court; and
`
`demand pursuant to Rules 1:5-1(a); 4:17-2(b)(i) and 4:17-4(c), that each party herein provideany
`and ali such pleadings and answered Interrogatories recetved from any party including any |
`documents, papers and other materials referred to herein, wpon the undersigned attorney, and
`
`| Dated: October25, 2021
`
`GARCES, GRABLER & LeBROCQ, P.C.
`Attorneys for Plaintiffs
`
`
`
`DEMAND FOR PLEADINGS/DISCOVERY
`
`TAKE NOTICEthat the undersigned attorney(s), counsel for the Plaintiff, hereby j.
`
`

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`TAKE NOTICEthis is a continuing demand.
`
`DEMAND FOR INTERROGATORIES
`
`In accord with R. 4:17-1 (ii), the Defendants are to answer Uniform Interrogatories in the |
`time provided for under the Rules of Court.
`
`DEMANDFOR INSURANCE INFORMATION
`Pursuantto R 4:10-2(b) state whether there are any insurance agreements or policies under
`
`'| which any person orfirm carrying on an insurance business may be enteredin this action or to
`| ‘indemnify or reimburse for payments madetosatisfy the judgment.
`
`
`
`Attached a copy of each insurance policy or in the alternative state:
`
`A.
`
`B.
`
`Cc.
`
`D.
`
`Name and addressof insurer or issuer;
`
`Policy name;
`
`Date of inception and expiration of coverage;
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`Names and addresses of all persons insured
`
`thereunder;
`
`E. | Name and address of person who has custody and _
`
`possession of policy.
`
`
`DEMAND FOR DOCUMENTS
`
`Please provide true copies of the communications, reports, records, notes, and other
`
`documents of any and all experts who have received any aspectof this case on behalf of
`
`8
`
`| L
`
`

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`defendant or defendant’s attorneys and who are proposed expert witnesses on behalf of
`
`defendant in this matter. This request includes, but is not limited to, true copies of any
`
`reports of tests and experiments conductedfor this case.
`
`2.
`
`Medical Recordsof Plaintiff.
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`Records of evaluations and treatment.
`
`Costs of medical treatment anddiagnosis.
`
`Hospital and Emergency Room Records.
`
`InsuranceFiles or materials of any type
`
`whatsoever,
`
`including Central Index Bureau (C.1.B.) searches or photocopies
`
`thereof, in the possession of defendant, or their attorney in regardto plaintiff.
`
`3.
`
`4.
`
`Employment records of Plaintiff.
`
`Documents verifying the nature of the weather and/or accident cite conditions
`
`
`
`} immediately prior to the point in timeof the accident.
`
`5.
`
`Any and ail
`
`invoices, repair bills, appraisals, or any other documentary evidence
`
`demonstrating any damage and/or repairs to any vehicle involvedin the accident(if applicable).
`
`6.
`
`Any and all expert reports on the issues of damagesor liability. The reports, materials,
`
`items and all other things created, examined or reviewed with reference to the above referred.
`
`incident, or any and all experts who havereceived any aspectof this case on behalf of plaintiffs
`
`or plaintiff's attorneys and whoare proposed expert witnesses on behalf of plaintiffs in this matter
`
`and who have submitted a report to either plaintiffs or plaintiffs’ attorney. The original or copies.
`
`of all articles, publications, or writings authored or co-authored by the expert or toward which.
`
`

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`reviewedin reference to forming any opinion on the aboveentitled causeof action. The original
`
`|
`
`{ or copies of any medical records, reports, memoranda, books,treaties, papers, other documents,
`or effects that the expertconsulted or reviewed thatcontributed to any aspect ofany opinion the
`| expert formed for this case. The original or an exact copy of everything provided to the expert
`for this case by anybody especially the defendantor the defendant's attorney, agents, servants or
`
`assigns. Every tangible thing that the expert has created, constructed, or experimented with or
`| that was employed in any way to assist the expert in creating or explaining any belief, opinion,
`testimony or evidence that may be involvedin this case. Ail billings, invoices, and timekeeping
`
`records for all fees charges or to be charged in reference to this case, also, all fee agreements,
`arrangements, or descriptions. Curriculum Vitae, resume or other documentthat reflects the
`
`‘(if oral, set forth the names and address of the witness making such statement).
`
`the expert contributed in any way.Alist of all research resources that the expert consulted or|
`
`expert’s qualifications and any other documentthat reflects the expert’s qualifications and any
`document that describes or explains the expert's billing procedures, amounts, and methods of
`‘payment.
`17.
`Any andall statements taken of any party or witness-to this suit, whether written or oral
`
`All documents between you and any party herein that discusses or in any other wayrelates:
`
`| to the issues raised in this litigation regardless of whether such documents were initiated by you
`
`or by such other party or parties.
`9,
`. Ail documents between you and any other person that discusses or in any other way
`‘related to the issuesraised in this litigation regardless of whether such documents wereinitiated
`
`10
`
` 8.
`
`

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`by you or by such other person.
`
`10.
`|
`
`11.
`
`All documents generated by you that discussor in any other way are relevantto the issues
`raised in this litigation.
`
`Any and all photographs, videotapes, movies, drawings, sketches, charts, X-rays, MRI,
`
`CATScans or other radiological films, tape recordings, voice recordings, maps or reproductions
`
`15.
`
`Copies of any leases and policies of insurance issued to you which were in effect on the
`
`date of the accident as alleged in the Complaint.
`16.
`Copies of declarationpages ofthe policies ofinsuranceissued to you, which were in effect
`
`on the date of the accident as alleged in the Complaint.
`Copies of any written contract between the parties and copies of all written work orders
`
`17.
`
`executed subsequent to the signing of the contract.
`
`18.
`
`Police Investigation Reports and/or incident or miscellaneous reports pertaining to this:
`
`accident.
`
`11
`
`| of any nature whatsoever that were made with respect to anything regarding the subject matter
`
`of this litigation. State the identity of the party, the date made, the location of the document, and
`the name, address, and phone numbers of the custodian of same. Annex copies of same unless
`
`}
`
`4 specifically prohibited by law, and if prohibited,cite regulation including section and subsection.
`
`412.
`
`13.
`
`14.
`
`Copies of your answersto Interrogatories served in this action by any other party; and
`
`Copies of any other party’s answers to Interrogatories served upon them by you.
`
`The entire claims filed relating to plaintiff's claim, including but not limited to the entire
`PIP file (if applicable.)
`
`
`
`

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`19.
`
`Transcripts of any Court Proceedings.
`
`20.
`
`Any and all documentary evidence which will be introduced for any reason at the time of
`
`}
`
`trial.
`
`21.
`
`Any and all documents demonstrating any other claimsor suits arising out of this same
`
`j accident or regarding the same premises, including but not limited to copies of each and every
`| pleading, interrogatories and answers, transcripts of oral depositions, notice to take oral
`
`depositions, and Orders.
`
`Failure to provide the above within the thirty ($0) day period required by Rule 4:18-1 will
`result in counsel for Plaintiff applying to the Court for the appropriate sanctions, including but
`
`|.not limited to counsel fees and costs, precluding the use of any of the requested documents, as
`
`‘well as an Order, barring Defendants’ defenses and striking their answer.
`
`
`
`Dated: October 25, 2021
`
`GARCES, GRABLER & LeBROCQ,P.C.
`Attorneysfor Plaintiff 8)
`
`
`
`AN-CLAUDE LABADY,ESQ.
`
`
`
`12
`
`

`

`Case 2:22-cv-00212-CCC-CLW Document1 Filed 01/18/22 Page 17 of 19 PagelD: 17
`
`Rajat Bhardwaj, Esq.
`(Attorney ID: 179472016)
`GARCES, GRABLER & LEBROCQ,P.C.
`9 Kansas Street
`Hackensack, New Jersey 07601
`(201) 857-8100
`7
`_.
`Attorneysjor Plaintiffs, Mercedes Pena _ 7
`| MERCEDESPENA,
`i.
`|
`SUPERIORCOURT OF NEW JERSEY |
`
`|j
`|
`; LAW DIVISION —- BERGEN COUNTY
`DOCKET NO. BER-L-007055-21
`
`Plaintiff,
`
`VS.
`
`CIVIL ACTION
`
`SUMMONS
`
`I
`I
`
`
`, WHOLE FOODS MARKET; WHOLE FOODS
`[MARKET WORLD
`HEADQUARTERS;
`
`-WHOLE FOODS MARKET MID-ATLANTIC |
`
`FREGIONAL OFFICE;
`JOHN DOES 1-100
`(fictional
`natural
`persons);
`and ABC
`“CORPORATION 1-100
`(fictional business
`
`
`entities),
` Defendant(s}:
`
`From the State of New Jersey
`To the Defendant(s) named above:
`
`.
`WHOLE FOODS MARKET
`
`The plaintiff, named above, has filed a lawsuit against you in the Superior Court of New Jersey. The
`complaint attached to this summonsstates the basis for this lawsuit. If you dispute this complaint, you or
`your attorney must file a written answer or motion and proof ofservice with the deputy clerk ofthe Superior
`Court in the county listed above within 35 days from the date you received this summons, not counting the
`date you received it. (A directory ofthe addresses of each deputy clerk ofthe Superior Court is available in
`the Civil Division Management Office in the county listed
`above and online
`at
`http://www.njcourts.zov/forms/10153 deptvclerklawref.pdf.) If the complaint is one in foreclosure, then
`you mustfile your written answer or motion and proof of service with the Clerk of the Superior Court,
`Hughes Justice Complex, P.O. Box 971, Trenton, NJ 08625-0971. A filing fee payable to the Treasurer,
`State of New Jersey and a completed Case Information Statement (available from the deputy clerk of the
`Superior Court} must accompany your answer or motion when it is filed. You must also send a copy of
`your answer or motion to plaintiffs attomey whose name and address appear above, orto plaintiff, if no
`attorney is named above. A telephone call will not protect your rights; you must file and serve a written
`answer or motion (with fee of $175.00 and completed Case Information Statement) if you want the court
`to hear your defense.
`
`If you do not fife and serve a written answer or motion within 35 days, the court may enter a
`judgmentagainst youforthe réliefplaintiff demands, plus interest and costs of suit. Ifjudgment is entered
`against you, the Sheriff may seize your money, wages or property to pay all or part ofthe judgment.
`
`oe
`
`If you cannotafford an attorney,you may call the Legal Services office in the county where you
`: 4
`}
`.
`;
`}
`
`

`

`Case 2:22-cv-00212-CCC-CLW Document1 Filed 01/18/22 Page 18 of 19 PagelD: 18
`
`live or the Legal Services ofNew Jersey Statewide Hotline at 1-888-LSNJ-LAW (1-888-576-5529). If you
`do not have an attorney andare noteligible for free legal assistance, you may obtain a referral to an attomey
`by calling one of the Lawyer Referral Services. A directory with contact information for local Legal
`Services Offices and Lawyer Referral Services is available in the Civil Division Management Office in the
`
`county listed above and online at http./Avww.nicourts.nov/forms/]0153deptyclerklawref.pdf.
`
`Dated: January 14, 2022
`
`[s/fMICHELLE SMITH
`MICHELLESMITH, Superior Court Clerk
`
`Name of Defendant to be served:
`
`WHOLE FOODS MARKET
`300 Bergen Town Center
`Paramus, NJ 07652
`
`* $110.00 FOR CHANCERYDIVISION CASES OR $175.00 FOR LAW DIVISION CASES*
`
`

`

`_ Case 2:22-cv-00212-CCC-CLW Document 1 Filed 01/18/22 Page 19 of 19 PagelD: 19
`BER-L-DO7O5S-27 10/28/2021 14:30:48 AM Po 7 of 1 Trans 1D: LCV20272517212
`
`Civil Case Information Statement
`
`
`
`Case Caption: PENA MERCEDES VS WHOLE FOODS
`MARKET
`Caseinitiation Date: 10/28/2021
`Attorney Name: JEAN-CLAUDE GINER LABADY
`Finn Name: GARCES GRABLER & LEBROCG,PC
`Address: 20 GREEN ST 2ND FL
`NEWARKNJ 07102
`Phone: 8738480500
`Name of Party: PLAINTIFF : Pena, Mercedes
`" Name of Defendant's Primary Insurance Company
`(if known}: Unknown
`
`Case Type: PERSONAL INJURY
`Document Type: Complaint with Jury Demand
`Jury Demand: YES - 6 JURORS
`ts this a professtonaj maipractica case? NO
`Related cases pending: NO
`If yes, st docket numbers:
`De you anticipate adding any parties (arising out of same
`transaction or occurrence}? NO
`
`Are sexual abuse claims aljeged by: Mercedes Pena? NO
`
`
`
`Do parties have a current, past, or recurrent relationship? NO
`
`if yes, is that relationship:
`
`Doesthe statute governing this case provide for paymentof fees by the losing party? NO
`Use this space to alert the court to any special case characteristics that may warrant individual
`managementor accelerated disposition:
`
`Do you or your client need any disability accommodations? NO
`If yes, please identify the requested accommodation:
`
`Will an interpreter be needed? NO
`If yes, for what language:
`
`Please check off each applicable category: Putative Class Action? NO Title 597NO Consumer Fraud? NO
`
`
`
`
`
`
`! certify that confidential persona! identifiers have been redacted from documents now submitted fo the
`court, and will be redacted from all dacuments submitted in the future in accordance with Rule 1:38-7(b)
`40/28/2021
`{si JEAN-CLAUDE GINER LABADY.
`Dated
`Signed
`
`:
`
`