`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`
`
`
`
`
`Civil Action: 3:20-cv-12365-BRM-TJB
`
`
`NOTICE OF MOTION FOR LEAVE
`TO AMEND PLAINTIFFS’
`COMPLAINT AND REMAND THIS
`MATTER TO THE SUPERIOR
`COURT OF NEW JERSEY
`
`Electronically filed
`
`RETURN DATE: December 7, 2020
`
`ORAL ARGUMENT REQUESTED
`
`
`ANIBAL MEJIAS, DENNIS MINTER,
`JERRY FULLER, and JOSE PENA, on
`behalf of themselves and those similarly
`situated,
`
` Plaintiffs,
`
` vs.
`
`GOYA FOODS, INC., ROBERT I.
`UNANUE, FRANCISCO R. UNANUE,
`JOSEPH PEREZ, PETER UNANUE,
`DAVID KINKELA, REBECCA
`RODRIGUEZ, CARLOS G. ORTIZ,
`MIGUEL A LUGO, JR., CONRAD
`COLON, JOHN DOES 1 - 10 (said
`names being fictitious, real names
`unknown), ABC COMPANIES 1 - 10
`(said names being fictitious, real names
`unknown),
`
`
` Defendants.
`
`
`
`
`
`PLEASE TAKE NOTICE, that on December 7, 2020 in the forenoon or as
`
`soon thereafter as counsel may be heard, the undersigned attorneys for Plaintiffs
`
`Anibal Mejias, Dennis Minter, Jerry Fuller, and Jose Pena will move for leave to file
`
`a Second Amended Class Action Complaint (“SAC” or “Complaint”), submitted
`
`herewith as Exhibit A, and to remand this matter to the Superior Court of New
`
`Jersey.
`
`1
`
`
`
`Case 3:20-cv-12365-BRM-TJB Document 18 Filed 10/26/20 Page 2 of 4 PageID: 669
`
`
`
`PLEASE TAKE FURTHER NOTICE that in support of this motion, Plaintiffs
`
`rely upon the Memorandum of Law and Declaration of Alexandra K. Piazza,
`
`submitted herewith.
`
`
`
`PLEASE TAKE FURTHER NOTICE that Plaintiffs submit herewith a
`
`proposed form of Order for the Court’s convenience.
`
`
`
`PLEASE TAKE FURTHER NOTICE that Plaintiffs request oral argument.
`
`
`
`
`
`
`
`Dated: October 26, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`s/ Alexandra K. Piazza_______
`Shanon J. Carson (pro hac vice)
`Alexandra K. Piazza (NJ 010922013)
`BERGER MONTAGUE PC
`1818 Market St., Suite 3600
`Philadelphia, PA 19103
`Telephone: (215) 875-3000
`scarson@bm.net
`apiazza@bm.net
`
`David Cassidy (NJ 024061996)
`Yelena Kofman-Delgado (NJ 004472012)
`VLASAC SHMARUK
`485B Route 1 South, Suite 120
`Iselin, NJ 08830
`Tel: (732) 494-3600
`dcassidy@vslaws.com
`ykofman@vslaws.com
`
`Attorneys for Plaintiffs
`
`
`
`2
`
`
`
`Case 3:20-cv-12365-BRM-TJB Document 18 Filed 10/26/20 Page 3 of 4 PageID: 670
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`
`
`
`
`
`Civil Action: 3:20-cv-12365-BRM-TJB
`
`
`
`CERTIFICATION OF SERVICE
`
`Electronically filed
`
`RETURN DATE: December 7, 2020
`
`ORAL ARGUMENT REQUESTED
`
`
`ANIBAL MEJIAS, DENNIS MINTER,
`JERRY FULLER, and JOSE PENA, on
`behalf of themselves and those similarly
`situated,
`
` Plaintiffs,
`
` vs.
`
`GOYA FOODS, INC., ROBERT I.
`UNANUE, FRANCISCO R. UNANUE,
`JOSEPH PEREZ, PETER UNANUE,
`DAVID KINKELA, REBECCA
`RODRIGUEZ, CARLOS G. ORTIZ,
`MIGUEL A LUGO, JR., CONRAD
`COLON, JOHN DOES 1 - 10 (said
`names being fictitious, real names
`unknown), ABC COMPANIES 1 - 10
`(said names being fictitious, real names
`unknown),
`
`
` Defendants.
`
`
`
`
`I, Alexandra K. Piazza, hereby certifies as follows:
`
`1. I am an Associate of Berger Montague PC, co-counsel for Plaintiffs Anibal
`
`Mejias, Dennis Minter, Jerry Fuller, and Jose Pena, with respect to the above-
`
`captioned matter.
`
`2. On this date, I caused to be served via electronic filing a copy of Plaintiffs’
`
`Motion for Leave to Amend Plaintiff’s Complaint and Remand this Matter to
`
`the Superior Court of New Jersey, proposed Second Amended Class
`
`3
`
`
`
`Case 3:20-cv-12365-BRM-TJB Document 18 Filed 10/26/20 Page 4 of 4 PageID: 671
`
`Complaint, supporting Memorandum of Law, Declaration of Alexandra K.
`
`Piazza, and proposed Order upon counsel for Defendants via the Court’s ECF
`
`system.
`
`3. I certify under penalty of perjury that the foregoing is true and correct.
`
`
`Dated: October 26, 2020
`
`
`
`
`
`s/ Alexandra K. Piazza
`Alexandra K. Piazza
`
`
`
`
`
`
`
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
