Case 2:22-cv-01460-KM-ESK Document1 Filed 03/16/22 Page 1 of 12 PagelD: 1
`
`File No. WH-101-CM
`ATTORNEYID 050371991
`FISHMAN MCINTYRE LEVINE SAMANSKY,P.C.
`120 Eagle Rock Avenue
`East 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
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`
`
`ANABREAandJORGERICARDO
`
`Plaintiffs
`
`vs.
`WHOLE FOODS MARKET, JOHN DOE,
`JOHN DOES2-10, ABC INC. 1-10 and
`XYZ CO, 1-10
`
`: CIVIL ACTION NO.
`:
`
`Defendants
`
`PETITIONFOR REMOVAL
`
`Petitioner, Defendants, Whole Foods Market Group, Inc. i/p/a Whole Foods Market by its
`
`attorneys, Fishman McIntyre Levine Samansky, P.C., respectfully petitions the United States
`
`District Court for the District ofNew Jersey as follows:
`
`1.
`
`Defendants, Whole Foods Market Group, Inc.
`
`i/p/a Whole Foods Market first
`
`received a copy of the Complaint on or about March 11, 2022 through their registered agent.
`
`2.
`
`This case was commenced on March 9, 2022 in the Superior Court of New Jersey,
`
`Law Division, Bergen County Suit is identified in the Superior Court as Brea, Ana and Ricardo,
`
`Jorge v. Whole Foods Market, Docket No. L-1373-22. (See Exhibit A)
`
`3.
`
`The filing of this Petition for Removal is timely becauseit is filed within thirty days
`
`of the date Defendants, Whole Foods Market Group,Inc. i/p/a Whole Foods Market first received
`
`

`

`Case 2:22-cv-01460-KM-ESK Document1 Filed 03/16/22 Page 2 of 12 PagelD: 2
`notice of the lawsuit.
`4,
`The plaintiffs Complaint in the Superior Court of New Jersey, Law Division,
`Bergen County, asserts damages ofa non-specified amount. Plaintiffalleges in the Complaintthat
`
`defendant allowed a dangerous condition to exist, namely an employee pushingatrolley with
`boxes, which in turn struck the plaintiff causing her to fall and sustain severe and permanent
`injuries. As such, Defendants, Whole Foods Market Group,Inc. i/p/a Whole Foods Market believes
`that the amountin controversy exceeds $75,000, exclusive of interest and costs.
`5.
`Defendants, Whole Foods Market Group, Inc. i/p/a Whole Foods Market is informed
`and believes that Plaintiff, Ana Brea,
`is an individual citizen of the State of New Jersey.
`Defendant/petitioner, Defendants, Whole Foods Market Group,Inc.i/p/a Whole Foods Marketis
`incorporated in the State of Delaware andits principal place of business is in the State of Texas.
`The action is therefore betweencitizens and a corporation ofotherstates.
`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/aWhole Foods
`Marketin the action described herein, whichis currently pending in the Superior Court ofthe State
`of New Jersey, Law Division, Bergen County, Docket No. L-1373-22, prays that this action be
`
`removed therefrom to this Court.
`DATED: March 15, 2022
`
`D
`i/p/a
`
`s, Whole Foods Market Group, Inc.
`Wable Foods Market
`
`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 ofBergen, along with a copy ofthe Summonsis
`to this defendant, is annexed
`hereto as Exhibit A.
` BY:
`
`~
`
`Christopher E. Mcintyre, Esq.
`
`

`

`Case 2:22-cv-01460-KM-ESK Document1 Filed 03/16/22 Page 3 of 12 PagelD: 3
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`
`
`EXHIBIT A
`
`

`

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`
`
`PETER N, DAVIS & ASSOCIATES
`Nicholas Barone, Esq.
`Attorney ID No.: 008721984
`100 Hamilton Plaza, Suite 420
`| Patetson, New Jersey 07505
`:
`(973) 279-7246
`Attorneys for Plaintiffs, Ana Brea & Jorge Ricardo
`Our File No.: 207525
`
`|
`
`:
`
`ANABREA ANDJORGERICARDO,
`
`vs.
`
`Plaintiff,
`
`Defendants,
`
`WHOLE FOODS MARKET, JOHN
`DOE, JOHN DOES2-10, ABC INC.1-10
`AND XYZ CO, 1-10.
`
`SUPERIOR COURT OF NEWJERSEY
`LAW DIVISION: BERGEN COUNTY
`
`DOCKET NO. BER-L-
`
`Cinil_Action
`
`.
`:
`COMPLAINT, JURY DEMAND,
`DESIGNATION OF TRIAL COUNSEL
`and CERTIFICATION PURSUANT TO
`R. 4:5-1
`
`ThePlaintiffs,AnaBreaandJorgeRicardo,residing at 300 Avalon Drive, in the Borough of
`
`
`Wood-Ridge, County ofBergen, and State ofNewJetsey, by way ofComplaint against the Defendants,
`say;
`:
`|
`FIRST COUNT
`:
`| 1. On ot about October 4, 2020, the Plaintiff, Ana, was a business invitee at the location known
`. as Whole Foods Market, 300 Bergen Town Center, in the Borough ofParainus, County ofBergen, State
`ofNcwJersey.
`|
`.
`> 2. On or aboutthe sametime andplace, the Defendant, Whole Foods Market, owned and/or
`: operated and/or managed and/or maintained and/or was charged with theduty ofcare to the aforesaid
`pede, located at 300 Bergen Town Center, in the Borough ofParamus; County ofBergen, State of
`NewJersey.
`13 On ot about the same time and place, the Defendant, Whole Foods Market, negligently and
`catelessly owned and/or operated and/or managed and/or maintained and/or discharged their duty of
`
`SPAeeenemagtseteanmeantaneeperenneiere
`
`
`
`
`
`

`

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`cate to the aforesaid ptemises, by allowing a dangerous condition to cxist, namely an employee pushing a
`trolley with boxes, which in turn struck the Plaintiff, causing her to fall.
`| 4, As a direct and proximate cesult of the negligence of the Defendant, Whole Foods Market
`as aforesaid, the Plaintife, Ana Brea, sustained severe and petmanent injuries, endured and will
`endute great pain and suffering, has expended and will continue to expend preat sums of money in
`orderto cure het injuries, and has suffered a loss ofincome.
`| WHEREFORE,the Plaintiff, Ana Brea, demands judgmentfor damages against Defendant,
`Whole Foods Market, together with interest, costs of suit and attomney's fees.
`|SECONDCOUNT
`
`
`
`1. The Plaintiff, Ana Brea, repeats cach and evety allegation of the First Count as if set forth
`atlength hezein.
`|
`2 On of about October 4, 2020, the Plaintiff, Ana Brea, was a business invitee at the location
`known as Whole Foods Market, 300 Bergen Town Center, in the Borough of Patamus, County of
`Berges, and State ofNewJersey.
`3. On or about the same time andplace, the Defendant,John Doe, negligently and carelessly
`pushed a trolley with boxes on the same, which in tern struck the Plaindff, causing her to fall.
`4. As a direct and proximate result of the negligence of the Defendant, John Doe, as
`. aforesaid, the Plaintiff, Ana Brea, sustained severe and petmanent injuries, endured and will endure
`great pain and suffering, has expended and will continue to expend great sums of moneyin order
`to cure het injuries, and has suffered a loss ofincome.
`|
`WHEREFORE,
`the Plaintiff, Ana Brea, demands judgment for damages against
`
`the
`
`Defendant, John Doe, together with intetest, cost of suit and attorney’s fees.
`1
`
`

`

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`THIRD COUNT
`
`
`
`|
`
`1. Plaintiff, Ana Brea, repeats each andevery allegation of the First and Second Counts of
`the|\Complaint as if set forth at length hetcin,
`2. On of about October 4, 2020, the Plaintiff, Ana Brea, was a business invitee at the
`Jocation known as Whole Foods Market, 300 Bergen Town Center,in the Borough ofParamus,
`County ofBergen, and State ofNewJetscy.
`|
`:
`3. On or about the sametime and place, the Defendant,John Doe, was the agent, servant,
`and/or employee of the Defendant, Whole I’oods Market.
`|
`
`4, As a direct and proximate result of the negligence of the Defendant, Whole Foods Market,
`a8 aforesaid, the Plaintifé, Ana Brea, sustained severe and permanent injuties, endured and will endure
`a seapain and suffering, has expended and will continue to expend great sums ofmoneyin order to
`cureher iinjuties, and has suffered a loss ofincome.
`| WHEREFORE, Plaintiff, Ana Brea, demands judgmentfor damages against Defendant,
`‘Whole Foods Market, togetherwith 3interest, costs ofsuitand attorney's fees,
`2
`RTH
`COUNT
`
`1. Plaintiff, Ana Brea, repeats each and every allegation ofthe First through Third Counts of
`the Complinas ifset forth atat
`length |herein.
`2. On otabout October 4, 2020, the Plaintiff, Ana Brea, was a business invitee at the location
`oo ‘knows as Whole Foods Market, 300 Bergen Town Center, in the Borough of Paramus, County of
`Bergen, and State ofNewJersey.
`2
`3.. On or about the same time and place, the Defendant, John Does 2-10, owned and/or
`| operatedand/ormanagedand/otmaintained and/orwas chargedwith the dutyofcate to the aforesaid
`premises, located at 300 Bergen ‘Town Center, in theBorough ofParamus, County ofBergen, and State
`
`of NewJersey.
`
`

`

`
`
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`4. On or about the same time and place, the Defendant, John Docs 2-10, negligently and
`cazelessly owned and/ot opetated and/or managed and/or maintained and/or discharged their duty
`off cate to the aforesaid premises, by allowing a dangerous condition to exist, namely an employee
`pushing a trolley with boxes, striking the plaintiff, and causing her to fail.
`| 5.As.a.ditect and proximate.cesult of.the negligence ofthe.Defendant, John Does 2-10, as
`aforesaid, the Plaintiff, Ana Brea, sustained severe and permanent injuries, endured and will endure
`great pain and suffering, has expended and will continue to expend great sums of moneyin order to
`
`cure herinjuries, and has suffered a loss of income.
`: WHEREFORE,Plaintiff, Ana Brea, demands judgment for damages against Defendant,
`John Does 2-10, together with interest, costs of suit and attorney's fees.
`
`FITTH COUNT
`
`Plaintiff, Marjorie Wilson, repeats each and every allegation of the Furst through Fourth
`Counts ofthe Complaint as ifset forth at length herein.
`:
`t, On orabout October 4, 2020, the Plaintiff, Ana Brea, was a business invitee at the location
`known as Whole Foods Market, 300 Bergen ‘Town Center, in the Borough of Paramus, County of
`Bergen, and State ofNewJersey.
`|
`2, On or about the same time and place, the Defendant, ABC Inc. 1-10, owned and/or
`operatedand/ormanagedand/or maintained and/ot was chazgedwith thedutyofcare to theaforesaid
`premises, located at 300 Bergen Town Center, in the Borough ofParamus, County ofBergen, and State
`ofNewJetsey.
`3, On ot aboutthe sametime and place, the Defendant, ABC Inc, 1-10, negligently and
`carelessly owned and/or operated and/or managed and/or maintained and/or discharged their duty
`of cate to the aforesaid premises, by allowing a dangerous condition to exist, namely an employee
`
`pushing 4 trolley with boxes, striking the plaintiff, which in turn caused the Plaintiff to fall,
`
`

`

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`4, As a ditect and proximate result of the negligence of the Defendant, ABC Inc. 1-10, as
`aforesaid, the Plaintiff, Ana Brea, sustained severe and petmanent injuries, endured and will endure
`
`
`
`:
`:
`
`great pain and suffering, has expended and will continue to expend great sums of money in order to
`
`cute het injuries, and has suffered a loss of income.
`
`WHEREFORE, Plaintiff, Ana Brea, demands judgment for damages apainst Defendant,
`
`~
`
`SIXTH COUNT
`
`Plaintiff, Ana Brea, repeats each and every allegation of the First through Fifth Counts ofthe
`Complaint as ifset forthat length herein.
`
`1. Onor about October 4, 2020, the Plaintiff, Ana Brea, was a business invitee at the location
`
`known as Whole Foods Market, 300 Bergen ‘Town Center, in the Borough of Paramus, County of
`Bergen, and State ofNew Jersey.
`| 2. On or about the same time and place, the Defendant, XYZ Co. 1-10, owned and/or
`operatedand/ormanaged and/ormaintained and/orwas chargedwith the dutyofcateto the aforesaid
`premises, located at 300 Bergen Town Center, in the Borough ofParamus, County ofBergen, and State
`
`of NewJersey.
`
`| 3. On or about the same time and place, the Defendant, XYZ Co. 1-10, negligently and
`
`carelesslyowned and/or operated and/or managed and/or maintained and/or discharged their duty
`of care to the aforesaid premises, by allowing a dangerous condition to exist, namely an employee
`pushing a trolley with boxes, which in turn struck the plaintiffand caused the Plaintiff to fall
`
`4. As a direct and proximate result of the negligence of the Defendant, XYZ Co. 1-10, as
`aforesaid, the Plaintiff, Ana Brea, sustained severe and permanentinjuries, endured and will endure
`greatpein and suffering, has expended and will continue to expend great sums of money in order to
`
`cure her injuties, and has suffeted a loss of income.
`
`
`
`

`

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`
`
`
`WHEREFORE, Plaintiff, Ana Brea, demands judgment for damages against Defendant,
`. XYZ Co. 1-10, together withinterest, costs of suit and attorney's fees.
`ae -
`se
`SEVE
`QO
`1. The Plaintiff, Ana Brea, repeats each and evety allepation of the First through Sixth
`7 Counts ofthe Complaintas set forth at length herein.
`2, On or about October 4, 2020, the Plaintiff, Jorge Ricardo, was and is the lawful spouse of
`Plaintiff, Ana Brea.
`
`3, As a direct and proximate result of the negligence of the Defendants as aforesaid, the
`Plaincifé, Jorge Ricardo, has lost the care, comfort, companionship and consorthum of his spouse, the
`Plaintiff, Lina Sancher.
`WHEREFORE,Plaintiff, Ramon Mosquera, demands judgmentfor datnages against the
`Defendants, together with interest, costs of suit and attomey’'s fees,
`PETER N, DAVIS & ASSOCIATES |
`Attorneys for Plaintiffs
`.
`
`BY:
`
`' DATED: March 8, 2022
`
`YLZ, oh, ;
`
`iy Sb,»
`
`NICHOLAS BARONE, ESQ.
`
`

`

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`
`
`” Phiinsiff hereby demanda trial by jury as toall issues so triable.
`
`JURY DEMAND
`
`a DESIGNATION OF TRIAL COUNSEL-"\"- "=~
`
`‘The undersigned hereby designates NICHOLAS BARONE, ESQ.as trial counsel in the above
`
`captioned action.
`
`CERTIFICATION PURSUANT TO R.4:5-1
`
`The undersigned attorney for plaintiff(s) hereby certify 2s follows:
`1.
`The within action is not the subject ofany other action pending in any courtor a pending
`
`atbitrasion proceeding,
`
`2
`
`3.
`
`Noother action or atbitration proceeding is contemplated.
`
`‘There are no other parties known to me who should bejoinedin this action.
`
`T certify that the foregoing statements made by me ace true, Tam aware that if any of
`4.
`the foregoing statements made by me are wilfully false, I atm subject to punishment.
`PETER N. DAVIS & ASSOCIATES
`Attomeys for Plaintiffs
`
`DATED: March 8, 2022
`
`BY:
`
`t
`
`NICHOLAS BARONE,ESQ.
`
`

`

`Case 2:22-cv-01460-KM-ESK Document 1 Filed 03/16/22, Page 11 of 12 PagelD: 11
`
`_ PETER N. DAVIS & ASSOCIATES
`100 Hamilton Plaza, Suite 420
`Paterson, New Jersey 07505
`(973) 279-7246
`Attomey for Plaintiffs
`OurFile No.: 207525
`ANABREA and JORGE RICARDO,
`
`Plaintiff,
`
`VS.
`
`_
`;
`2
`WHOLE FOODS MARKET, JOHN
`DOE, JOHN DOES2-10, ABC INC.
`1-10 and XYZ CO.1-10,
`
`Defendants.
`
`|
`
`
`
`
`
`_
`
`|
`
`SUPERIOR COURT OF NEW JERSEY
`LAW DIVISION: BERGEN COUNTY
`)
`Docket No: BER-L-1373-22
`|
`Civil Action
`
`SUMMONS
`
`|
`
`FROM THE STATE OF NEW JERSEY
`
`~
`
`WHOLE FOODS MARKET
`TO THE DEFENDANT(S) NAMED ABOVE:
`’ The plaintiff, named above, has filed a lawsuit against you in the Superior Court ofNewJersey. The complaint
`attachedto this summonsstates the basis for this lawsuit. If you dispute this complaint, you or your attorney mustfile a
`written answer or motion and proofofservice with the deputy clerk of the Superior|Court in the county listed above within
`35 days from the dateyou receive this summons, not counting the date you received it. ishe address ofeach deputy clerk
`oftheSuperior Court is provided.) If the complaint is one in foreclosure, then you must
`file your written answeror motion
`and proofofservice with the clerk of the Superior Court, Hughes Justice Complex, CN-971, Trenton, NJ 08625. A filing
`. fee* payable to the Clerk ofthe Superior Court and a completed Case Information Statementfavailable for the deputy clerk
`. ofthe Superior Court) must accompany your answer or motion whenit is filed. [You mustalso send a copy ofyour answer
`ot tnotion to plaintiffs attorney whose name and address appear above, or to plaintiff, if no attomey is named above, A
`telephone call will not protect your rights; you mustfile and serve a written answer or motion (with fee and completed Case
`information Statement) ifyou want the court to hear your defense.
`|
`If you do notfile and serve a written answer or motion within 35 days, the court may enter a judgment against you
`forihereliefplaintiffdemands, plus interestand costs ofsuit. Ifjudgmentisentered againstyou, the sheriffmayseize your
`money, wages or property to payall or part of the judgment.
`|
`" Ifyou cannotaffordanatiomey, youmaycalltheLegalServices Office 1inthecountywhere yyoulive, A listofthese
`> offices is provided. Ifyoudo nothave an attorney and arenoteligible for free legal assistance, you may obtain a referral to
`an attorney bycalling oneeofthe Lawyer Referral Services. A list ofthese numbers jis also provided.
`.
`.
`/sf MICHELLE SMITH |
`Dated: March 9, 2022
`MICHELLE SMITH, Sup¢rior CourtClerk
`
`t |
`
`Defendant to be served:
`Address for Service:
`|
`
`WHOLE FOODS MARKET |
`300 Bergen Town Center
`Paramus, NJ 07652
`
`" *$135,00 for CHANCERYDIVISION CASES OR$135.00 FOR LAWDIVISION CASES
`
`

`

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`Civil Case Information Statement
`
`
`Case Caption: SREA ANA VS WHOLE FOODS MARKET
`Case Type: PERSONAL INJURY
`_ Case Initiation Date: 03/09/2022
`Document Type: Complaint with Jury Demand
`"Attorney Namie: NICHOLAS BARONE
`Jury Demand: YES - 6 JURORS
`Firm Name: PETER N. DAVIS & ASSOCIATES
`Is this a professional malpractice case? NO
`Address: 100 HAMILTON PLAZA SUITE 420
`Related cases pending: NO
`PATERSON NJ 07505
`IF yes,list docket numbers:
`Phone: 9732797246
`Do you anticipate adding any parties {arising out of same
`Nameof Party: PLAINTIFF: Brea, Ana
`transaction or occurrence}? NO
`Name of Defendant's Primary Insurance Company
`Gf known): GALLAGHER BASSETT
`
`Are sexual abuse claims alleged by; Ana Brea? NO
`
` IF CASEIS
`
`
`
`Are sexua! abuse claims alleged by: Jorge Ricardo? NO
`
`Do parties have a current, past, or recurrent relationship? NO
`Kf yes, fs that relationship:
`Does the 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
`management or 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 597 NO Consumer Fraud? NO
`
`
`| certify that confidential personal identifiers have been redacted from documents now submitted to the
`court, and will be redacted frorn all documents submitted in the future in accordance with Rule 1:38-7(b)
`isi NICHOLAS BARONE
`03/09/2022
`Dated
`Signed
`
`