201 Littleton Road, Suite 210
Morris Plains, NJ 07950
(973) 370-0592
jcoyle@coylemorris.com
John D. Coyle 029632001
Attorneys for Defendants
Christina S. Balestriere and Kristen Cobo
__________________________________________
ROXANA M. RUSSO CAIVANO,
Plaintiff,
v.
THOMAS SERETIS, CHRISTINA
SCARBROUGH BALESTRIERE, KRISTEN
COBO, AND KATRINA ALBO, and/or
JOHN DOE 1-5 (fictitious names), JANE DOE
1-5 (fictitious names),
Defendants,
CHRISTINA SCARBROUGH
BALESTRIERE and KRISTEN COBO,
Third-Party Plaintiffs,
v.
ANTHONY P. CAIVANO,
Third-Party Defendant.
__________________________________________
SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MORRIS COUNTY
Docket No.: MRS-L-485-23
Civil Action
ANSWER, COUNTER-CLAIM, THIRD-PARTY COMPLAINT, DEMAND FOR DISCOVERY, and JURY DEMAND
Christina S. Balestriere (“Christina”) and Kristen Cobo (“Kristen”), by way of Answer to the Complaint of Roxana M. Russo Caivano, say:
FIRST COUNT
1. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.
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2. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.
3. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.
4. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.
5. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.
6. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.
7. Denied.
8. Christina and Kristen lack knowledge or information sufficient to form a belief as
to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.
9. Denied.
10. Denied.
11. Denied.
12. Christina and Kristen lack knowledge or information sufficient to form a belief as
to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.
13. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.
SECOND COUNT
1. Christina and Kristen repeat and reallege their responses to the foregoing paragraphs as if fully set forth herein.
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2. Denied.
3. Denied.
4. Denied.
5. Denied.
6. Denied.
7. Denied.
8. Denied.
9. Denied.
THIRD COUNT
1. Christina and Kristen repeat and reallege their responses to the foregoing paragraphs as if fully set forth herein.
2. Denied.
3. Denied.
4. Denied.
5. Denied.
6. Denied.
FOURTH COUNT
1. Christina and Kristen repeat and reallege their responses to the foregoing paragraphs as if fully set forth herein.
2. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.
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3. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.
4. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.
FIFTH COUNT
1. Christina and Kristen repeat and reallege their responses to the foregoing paragraphs as if fully set forth herein.
2. Denied.
3. Denied.
4. Denied.
First. Plaintiff’s Complaint fails to state a claim upon which relief can be granted.
Second. Christina and Kristen assert their First Amendment right to freedom of speech regarding their opinions.
Third. Christina and Kristen assert their First Amendment right to petition the government for redress and the legal protections of their statements made pursuant thereto.
Fourth. Christina and Kristen deny that any statements made were defamatory.
Fifth. Christina and Kristen are protected by the Fair Reporting Privilege.
Sixth. The statements made by Christina and Kristen were true and thus, not defamatory.
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Seventh. The statements made by Christina and Kristen were substantially true, and thus, not defamatory.
Eighth. The statements made by Christina and Kristen were opinion, and thus, not defamatory.
Ninth. The statements made by Christina and Kristen are protected by qualified privileges.
Tenth. The statements made by Christina and Kristen were made in good faith.
Eleventh. Plaintiff was not damaged by the statements made by Christina and Kristen.
Twelfth. Plaintiff has received elevated status and not suffered any harm as a result of the statements from Christina and Kristen.
https://youtu.be/i4pgUgEn99Y
Thirteenth. Plaintiff is not entitled to punitive damages under the claims asserted here.
Fourteenth. Plaintiff was a public figure and thus, the statements made by Christina and Kristen are not actionable.
Fifteenth. Plaintiff was a limited purpose public figure, and thus, the statements made by Christina and Kristen are not actionable.
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Sixteenth. The statements made by Christina and Kristen were made regarding a legitimate public concern.
Seventeenth. The statements made by Christina and Kristen were not made with actual malice.
Eighteenth. The statements made by Christina and Kristen were not made with reckless disregard for whether they were true or false.
WHEREFORE HAVING FULLY ANSWERED, DEFENDANTS CHRISTINA. S. BALESTRIERE AND KRISTEN COBO DEMAND THAT THE COMPLAINT BE DISMISSED AGAINST THEM WITH AN AWARD OF COSTS AND FEES.
JURY DEMAND
Christina and Kristen demand a trial by jury on all issues involved herein.
TRIAL COUNSEL DESIGNATION
Pursuant to Rule 4:25-4, John D. Coyle, Esq. is hereby designated as trial counsel in the within matter on behalf of responding defendants.
RULE 4:5-1 CERTIFICATION
I hereby certify that the matter in controversy is not the subject of any other action pending in any other Court or of a pending arbitration proceeding, nor is it contemplated that the matter in controversy will be the subject of any other action or arbitration proceeding. I further certify that I am not presently aware of the identity of any other party whose joinder is required by law.
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RULE 1:38-7 CERTIFICATION
I hereby certify that all confidential personal identifiers have been redacted and that subsequent papers submitted to the court will not contain confidential personal identifiers in accordance with the provisions of this rule.
COUNTER_CLAIM AND THIRD-PARTY CLAIM
Defendants/Counter-Claimants/Third-Party Plaintiffs Christina S. Balestriere and Kristen Cobo, by way of Counter-Claim against Plaintiff, and Third-Party Complaint against Anthony Caivano, hereby state:
1. Plaintiff Christina S. Balestriere grew up in West Orange, NJ and graduated from Mount Saint Dominic Academy. She went on to receive her Bachelor’s Degree in Psychology from Drew University and eventually her Certificate of Eligibility with Advanced Standing for Teacher of Students with Disabilities from The College of Saint Elizabeth.
2. A former Catholic school Physical Education teacher and most recently a public school Special Education teacher, Christina moved with her family to Roxbury in 2014 and chose to stay home and raise her 3 young children. She is a member of St. Therese Church and an active member of the community with her children involved in multiple sports and activities.
3. Having 3 boys moving up through the public school system and having been an educator herself, Christina understands the importance of being involved in her children's education both present and future.
4. Plaintiff Kristen Cobo moved to Roxbury at age 6 and attended Roxbury schools from 1st grade, ultimately graduating from Roxbury High School in 2003. She went on to receive her Bachelor of Social Work degree at Ramapo College, receiving advanced standing in her major.
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Kristen then attended Fordham University and received her Masters of Social Work degree with a specialization in children and families in just one year.
5. Kristen went on to receive her LCSW(Licensed Clinical Social Worker) and beyond that, a certificate in clinical supervision which enables her to supervise and train new therapists; a requirement prior to becoming licensed. She has worked in the mental health field for 18 years and has seen the detriments of adults who are unable to put the safety and wellbeing of children first. Kristen worked at St. Clare’s Children’s Crisis Unit, High Focus Centers Children’s Psych, and for Effective School solutions for 9 years at which time she was a direct clinician and ultimately a Regional Clinical Director overseeing the intensive clinical mental health services being provided to the most at risk students in school districts all over NJ.
6. She currently has her own private practice which she opened in 2022. In 2022, Kristen was appointed by the Roxbury school principal to her children’s school crisis response team, a volunteer position. She has been an active member at St. Therese RC Church in Succasunna for the last 31 years, attending church every Sunday with her family. Kristen currently resides with her husband of 10 years and two children. Kristen enjoys volunteering in the many activities in which her children participate, including Girls Scouts of America, CCD, coaching little league baseball and many other activities at her children’s school.
7. In or around August of 2022, Christina and Kristen became aware of three books that were in the Roxbury Public School library which is used by students as young as age 13.
8. Subsequently, Christina and Kristen learned that the books, “This Book is Gay,” “Lawn Boy,” “Gender Queer,” “Fun House,” and “All Boys Aren’t Blue” were in the library.
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9. Christina and Kristen contacted Roxbury School Superintendent, Dr. Radulic, to advise her of the presence of these books as well as the explicitly sexually explicit illustrations in said books.
10. Dr. Radulic advised Defendants to contact the school librarian, Plaintiff Roxana Caivano, to raise their concerns.
11. On August 29th 2022, Dr. Loretta Radulic emailed Roxana Caivano explicitly requesting her to remove the books. “......I’m sure Dominick already shared with you that we will temporarily pull the books off the shelf and ask the parent to complete a ‘challenge ’form for review.”
12. On August 29, 2022, Roxana Caivano emailed Dr. Radulic back saying, “I thought we said this morning that I would respond to the parent with the draft I shared and add that I would put the books behind the desk and give them out upon request. I thought we were going to wait and see if this would appease her before we suggested the challenge form.”
13. Dr. Loretta Radulic emailed Caivano back and wrote, “Upon review with Dominick and Chuck and taking a look at the books, our directed [sic] changed a bit.”
14. Jonathan Evison, the author of Lawn Boy told the Washington Post that he “never meant for his book to be placed in school libraries.”
15. Jonathan Evison further told the Washington Post that Lawn Boy is “meant for adults.”
16. Jonathan Evison then added, “If schools want to offer the text, he said, they should restrict access to older students.”
17. On August 31, 2022, Defendant, Christina Balestriere, emailed Roxana Caivano, with her concerns that these books were available to all ages.
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18. In response, on September 9, 2022, Roxana Caivano responded and confirmed that all three books are in fact in the Roxbury High School Public Library. She explicitly stated, “...yes, I have read them all myself.”
19. Roxana Caivano sends twitter messages under the Twitter handle, “Roxbury Media” using @roxburymedia.
20. On September 19, 2022, Roxana Caivano sent a tweet out explicitly recommending that readers read five books, including the three previously identified: “This Book is Gay,” “Lawn Boy,” “Gender Queer,” “Fun House,” and “All Boys Aren’t Blue.”
21. The purpose of display of books in a library is to draw attention to books and suggest they be read.
22. On or before September 19, 2022, Roxana Caivano created an “end cap” display for the library to promote and encourage children to read these 5 books and others.
23. This new library display from Roxana Caivano included other books, such as “Let’s Talk About It.”
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24. Let’s Talk About It includes diagrams showing the following, labeled “Things to Try:”
25. Through the Twitter post and the library display, Roxana Caivano encouraged children as young as age 13 to read Let’s Talk About It, and thus, encouraged children as young as 13 to “have an assload of fun with a healthy helping of lube.”
26. Through the Twitter post and the library display, Roxana Caivano encouraged children as young as age 13 to read This Book Is Gay, and thus, encouraged children as young as 13 to learn how to access “Sex Apps” including Grindr.
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27. According to the Grindr terms of service, the app prohibits anyone under the age of 18 from accessing, directly or indirectly, viewing, downloading, or otherwise using Grindr services.
28. While the Grindr app is specifically identified in This Book is Gay, upon information and belief, the terms of service for all other sex apps prohibit use by minors.
29. Also, by encouraging children as young as 13 to read This Boy is Gay, Roxana Caivano encouraged them to learn such terms as:
30. Through the Twitter post and the library display, Roxana Caivano encouraged children as young as age 13 to read “Gender Queer.”
31. Amazon.com lists Gender Queer as appropriate for ages “18 years and up.”
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32. Gender Queer includes illustrations where the under-age narrator fantasized about an adult man pulling the penis of a child as the child pulls the adult male to him.
33. Gender Queer also includes illustrations of a librarian “sexting” or sending and receiving sexual messages in a public library.
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34. As depicted in the illustration promoted by Roxana Caivano to children as young as 13, the librarian receives a message “I can’t wait to get your cock in my mouth—I’m going to give you the blow job of your life.”
35. Another illustration from the Gender Queer book promoted by Roxana Caivano to children as young as 13 depicts the acts from the librarian’s sexting from the prior panel.
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36. Another of the books promoted by Roxana Caivano to children as young as 13 was Lawn Boy, which depicts various set acts involving children as young as ten:
“What if I told you I touched another guy’s dick?” I said. ...“What if I told you I sucked it?” ...“I was ten years old, but it’s true. I put Doug Goble’s dick in my mouth.”
...
“All I could think about while he was chatting me up over the rim of his cappuccino was his little salamander between my fourth-grade fingers, rapidly engorging with blood.”
37. In response, Christina and Kristen spoke at the Roxbury Board of Education meetings on September 19, 2022 where Kristen, a licensed clinical social worker, with a specialization in children and families from Fordham University, referenced legal prohibitions against displaying certain materials to children.
38. Kristen cited N.J.S.A. 2C:24-4B(5)(B). “Endangering the Welfare of a Child” which states that it is unlawful to knowingly view or possess any media, including video games, that depict a child engaged in a sexual act. The law applies to simulations and actual acts. It also states that exposing a minor to sexual activity in a manner that may debauch or impair his or her morals is a third-degree offense that carries a sentence of up to five years in prison. If the act is committed by a parent or by one who has authority over a child, the crime escalates into a second- degree offense.
39. Christina and/or Kristen attended the subsequent Board of Education meetings to repeatedly ask the school board to remove these sexually explicit materials from the library.
40. Roxana Caivano has refused to stop promoting those books, containing the passages outlined above, to children as young as 13, and continues to do so to this day.
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41. As recently as May 19, 2023, she widely disseminated an email trying to rally
people to come to the May 23, 2023 Roxbury School Board meeting to “ show up in support so we can silence them” referring to Christina and Kristen.
42. At the School Board Meeting, after triumphantly raising her arms, Roxana Caivano and Anthony Caivano walked down the aisle yelling at parents and pointing at them, including Christina and Kristen.
43. Roxana Caivano even concluded by hitting the sign of a seated person exercising their First Amendment Rights to petition the government for redress.
Defamatory Statements
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February 1, 2023 Posting
44. On February 1, 2023, Third-Party defendant Anthony “Tony” Caivano posted a message in a Facebook chat stating that his wife Roxana Caivano “has had multiple book challenges this year from a posse of book burners,” referring to Christina and Kristen.
45. The message was on a chat that was shared with multiple recipients from the conversation and was seen and commented on by others.
46. Anthony Caivano further stated, “We are going to defeat this reactionary bullshit.”
47. Anthony Caivano made those statements knowingly referring to Christina and Kristen.
48. Anthony Caivano made those statements with the intention that a reasonable person would understand them to refer to Christina and Kristen.
49. According to the United States Holocaust Museum(1):
Book burning has a long and dark history.
Book burning refers to the ritual destruction by fire of books or other written materials. Usually carried out in a public context, the burning of books represents an element of censorship and usually proceeds from a cultural, religious, or political opposition to the materials in question.
The burning of books under the Nazi regime on May 10, 1933, is perhaps the most famous book burning in history.
50. The term “book burners” as used by Anthony Caivano to refer to Christina and Kristen was a reference to the practice from Nazi Germany of burning books:
____________________
(1) https://encyclopedia.ushmm.org/content/en/article/book-burning
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51. By referring to Christina and Kristen as “Book Burners,” Anthony Caivano intended for the readers of his message to associate Christina and Kristen with Nazis.
52. Anthony Caivano made these statements with the intention that a reasonable person would understand them to refer to Christina and Kristen.
53. Anthony Caivano made the statements about Christina and Kristen with knowledge that they were not Nazis or with reckless disregard for the truth that they were not Nazis.
February 1, 2023 Second Posting
54. On February 1, 2023, Roxana Caivano referred to parents who question these books as “fascists” on Tony Caivano’s public Facebook page.
55. Roxana Caivano made those statements knowingly referring to Christina and Kristen.
56. Roxana Caivano made those statements with the intention that a reasonable person would understand them to refer to Christina and Kristen.
57. By calling Christina and Kristen Book Burners and Fascists in a single chat, Roxana Caivano and Anthony Caivano worked together toward a single goal of having the readers identify Christina and Kristen as Nazis.
April 27, 2023 Interview
58. In a televised interview with ABC news on April 27, 2023, Roxana Caivano stated that the
parents she is suing, referring to Christina and Kristen, “called me a pornographer.”
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59. Roxana Caivano knew that the statement that Christina and Kristen called her “a pornographer” was false, or with a reckless disregard for the truth of the statement.
60. Roxana Caivano knew that the April 27, 2023 interview would be broadcast, intended for it to be broadcast, and it was broadcast on television.
61. It also remains on the ABC7NY.com website as a streaming video clip today.
April 27, 2023 Postings
62. On April 27, 2023, in the Tap Into Roxbury public comments section, Anthony Caivano wrote “...no one has a right to call any librarian a criminal, a groomer or a pornographer, which is precisely what the Roxbury crew did to Roxana.”
63. Anthony Caivano made his statements knowing, or with a reckless disregard for the truth, that Christina and Kristen did not call Roxana Caivano a “criminal.”
64. Anthony Caivano made his statements knowing, or with a reckless disregard for the truth, that Christina and Kristen did not call Roxana Caivano a “pornographer.”
65. Anthony Caivano made his statements knowing, or with a reckless disregard for the truth, that Christina and Kristen did not call Roxana Caivano a “groomer.”
May 9, 2023 Interview
66. Roxana Caivano was interviewed for an article posted on NJ 101.5.
67. Roxana Caivano stated that Christina and Kristen objected to the books described above
“because of its LGBTQ content.”
68. Roxana Caivano knew, or had a reckless disregard for the truth, that Christina and Kristen objected to the books based on their sexual content, not because of the LGBTQ content.
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May 25, 2023 NJ Spotlight News Q&A
69. Roxana Caivano was interviewed for the NJ Spotlight News Q&A article on or about May 24, 2023.
71. Roxana Caivano made that statement knowing it would be publicized.
72. Roxana Caivano knew, or had a reckless disregard for the truth, that Christina and Kristen
did not call her “vile names.”
73. Roxana Caivano made that statement intending for others to understand it to be referring to Christina and Kristen.
74. It was reasonable for people reading the NJ Spotlight News online article to believe the Roxana Caivano was referring to Christina and Kristen.
75. Collectively the February 1, 2023 Posting, February 1, 2023 Second Posting, April 27, 2023 Interview, April 27, 2023 Postings, May 9, 2023 Interview, and May 25, 2023 NJ Spotlight News Q&A are referred to hereinafter as the Defamatory Statements.
FIRST COUNT
(Libel and Defamation)
76. Christina and Kristen repeat and reallege their allegations in the prior paragraphs as if fully
set forth herein.
77. Roxana Caivano and Anthony Caivano made the Defamatory Statements as alleged facts regarding Christina and Kristen.
78. The Defamatory Statements were published to third persons orally and in writing.
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79. Roxana Caivano and Anthony Caivano made the Defamatory Statements with negligent disregard for the truth of the statements.
80. Roxana Caivano and Anthony Caivano made the Defamatory Statements with careless disregard for the truth of the statements.
81. Roxana Caivano and Anthony Caivano made the Defamatory Statements with reckless disregard for the truth of the statements.
82. Roxana Caivano and Anthony Caivano made the Defamatory Statements intentionally knowing the statements were untrue.
83. Roxana Caivano and Anthony Caivano made the Defamatory Statements intending to cause harm to Christina and Kristen.
84. As a result, Christina and Kristen suffered harm to their reputation, standing, professional and personal capacity, and have been cast in a false light.
85. Kristen has had clients cancel her services as a result of the defamatory statements from Roxana Caivano and Anthony Caivano.
86. The Defamatory Statements were defamatory per se.
87. As a result, Christina and Kristen have been damaged.
WHEREFORE, Christina and Kristen demand judgment against Roxana Caivano and
Anthony Caivano, individually, jointly, and severally, for compensatory damages, punitive damages, interest, and costs of suit.
SECOND COUNT
(Intentional Infliction of Emotional Distress)
88. Christina and Kristen repeat and reallege their allegations in the prior paragraphs as if fully
set forth herein.
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89. As a direct and proximate result of the Defamatory Statements, Christina and Kristen suffered and continued to suffer emotional distress.
90. As a result, Christina and Kristen suffered harm to their reputation, standing, professional and personal capacity, and have been cast in a false light.
91. Kristen has had clients cancel her services as a result of the defamatory statements from Roxana Caivano and Anthony Caivano.
92. As a result, Christina and Kristen were damaged.
WHEREFORE, Christina and Kristen demand judgment against Roxana Caivano and Anthony Caivano, individually, jointly, and severally, for compensatory damages, punitive damages, interest, and costs of
suit.
DEMAND FOR ANSWERS TO INTERROGATORIES
Pursuant to Rule 4:17-1, Defendants/Third-Party Plaintiffs/Counter-Claimants Christina Balestriere and Kristen Cobo serve the following requests for answers to interrogatories with this pleading. Responses are due within the time calculated in Rule 4:17-4(b), 60 days after service of the summons and complaint:
1 Identify the “vile names” that you contend that Christina and Kristen called you and for each alleged occasion, set forth:
a. Whether the statement was made in print or orally;
b. The date and time of the utterance;
c. The location of the utterance;
d. All persons who were present when the statement was made or who heard the statement.
e. If the statement was written, where the statement was printed and the location thereof.
2 Set forth all facts to support the statement that Christina and Kristen are “book burners.”
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3 Identify all instances when Christina and/or Kristen burned books and for each alleged occasion, set forth:
a. The date and time of the book burning;
b. The location of the book burning;
c. All persons who were present when Christina and/or Kristen burned books.
d. Identify any and all photographs, videos, or other media depictions of Christina and/or Kristen burning books.
4 Set forth all facts to support the statement that Christina and Kristen objected to the
books identified in the Counter-Claim and Third-Party Complaint “because of its LGBTQ content.”
5 For each for each alleged instance where Christina and Kristen objected because of the book’s LGBTQ content, set forth:
a. Whether the statement was made in print or orally;
b. The date and time of the utterance;
c. The location of the utterance;
d. All persons who were present when the statement was made or who heard the statement.
e. If the statement was written, where the statement was printed and the location thereof.
6 Set forth all facts to support the statement that Christina and Kristen called Roxana a “pornographer” and for each alleged occasion, set forth:
a. Whether the statement was made in print or orally;
b. The date and time of the utterance;
c. The location of the utterance;
d. All persons who were present when the statement was made or who heard the statement.
e. If the statement was written, where the statement was printed and the location thereof.
7 Set forth all facts to support the statement that Christina and Kristen called Roxana a “criminal” and for each alleged occasion, set forth:
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a. Whether the statement was made in print or orally;
b. The date and time of the utterance;
c. The location of the utterance;
d. All persons who were present when the statement was made or who heard the statement.
e. If the statement was written, where the statement was printed and the location thereof.
8 Set forth all facts to support the statement that Christina and Kristen called Roxana a “groomer” and for each alleged occasion, set forth:
a. Whether the statement was made in print or orally;
b. The date and time of the utterance;
c. The location of the utterance;
d. All persons who were present when the statement was made or who heard the statement.
e. If the statement was written, where the statement was printed and the location thereof.
9 Identify and set forth the factual basis for your assertion in paragraph 3 of the Second Count of the Complaint that Christina and Kristen engaged in a civil conspiracy to jointly attack the plaintiff’s reputation, slander, and libel the plaintiff, defame the plaintiff, deprive the plaintiff of her constitutionally guaranteed rights.
10 Set forth the ways in which Roxana’s relationship with her employer has been impacted as set forth in paragraph 3 of the Second Count of the Complaint.
11 Set forth the emotional distress that Plaintiff alleges to have suffered as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.
12 Set forth the physical manifestations of the emotional distress that Plaintiff alleges to have suffered as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.
13 IdentifyallmedicalproviderswhoPlaintiffhastreatedwithasaresultoftheemotional distress that Plaintiff alleges to have suffered as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.
a. For each provider identified in the answers to the prior interrogatory, execute a HIPAA authorization for the release of medical records.
24
MRS-L-000485-23 058/3021/2023 26:4282:5475 PM Pg 25 of 26 Trans ID: LCV20231226379871550
14 Set forth all damages alleged to have been sustained by Plaintiff to her reputation as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.
15 Set forth all damages alleged to have been sustained by Plaintiff to her personal reputation as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.
16 Set forth all damages alleged to have been sustained by Plaintiff to her employment as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.
17 Set forth all facts to support the allegations in the Fifth Count of the Complaint that Christina and Kristen engaged in “purposeful malicious conduct” to interfere with Plaintiff’s employment.
18 Set forth all facts to support the allegations in the Fifth Count of the Complaint that Christina and Kristen engaged in “purposeful malicious conduct” to interfere with Plaintiff’s prospective economic opportunities.
19 Identify any and all prospective economic opportunities that Plaintiff has lost as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.
20 Identify any and all injuries that have been inflicted on Plaintiff as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.
21 Identify all persons with relevant knowledge of the claims in the Complaint, or your affirmative defenses raised in response to this Counter-Claim and/or Third-Party Complaint and for each person identified, set forth:
a. Their address and telephone number;
b. The basis of their knowledge;
c. A description of their knowledge.
DEMAND FOR PRODUCTION OF DOCUMENTS
Pursuant to Rule 4:18-1, Defendants/Third-Party Plaintiffs/Counter-Claimants
Christina Balestriere and Kristen Cobo serve the following requests for the production of documents with this Complaint. Responses are due within the time calculated in Rule 4:18- 1(b)(2), 50 days after service of this pleading:
25
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1 Produce a copy of all documents sufficient to identify when the book “Gender Queer” was purchased for the Roxbury Library.
2 Produce a copy of all documents identified or referenced in your answers to interrogatories.
Dated: May 31, 2023
COYLE & MORRIS LLP
s/ John D. Coyle
John D. Coyle
Attorney ID: 029632001
201 Littleton Road, Suite 210
Morris Plains, NJ 07950
(973) 370-3519
jcoyle@coylemorris.com
Attorneys for Defendants/Counter-
Claimants/Third-Party Plaintiffs
Christina Scarbrough Balestriere
and Kristen Cobo
26
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Civil Case Information Statement
Case Details: MORRIS | Civil Part Docket# L-000485-23
Case Caption: RUSSO CAIVANO ROXANA VS SERETIS THOMAS
Case Initiation Date: 03/17/2023
Attorney Name: RONALD T NAGLE
Firm Name: RONALD T. NAGLE, PC
Address: 52 SOUTH STREET
MORRISTOWN NJ 079600000
Phone: 9732676780
Name of Party: PLAINTIFF : BALESTRIERE, CHRISTINA, S
Name of Defendant’s Primary Insurance Company
(if known): None
Case Type: DEFAMATION
Document Type: Answer W/Jury Demand
Jury Demand: YES - 6 JURORS
Is this a professional malpractice case? NO
Related cases pending: NO
If yes, list docket numbers:
Do you anticipate adding any parties (arising out of same transaction or occurrence)? NO
Does this case involve claims related to COVID-19? NO
Are sexual abuse claims alleged by: ROXANA M RUSSO CAIVANO? NO
Are sexual abuse claims alleged by: CHRISTINA S BALESTRIERE? NO
Are sexual abuse claims alleged by: KRISTEN COBO? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of 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 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
MRS--L--000485--23 08//02//20232::48::4379PM Pg 2 of 2 TTrarnasnsIDID: L: CLCVV20220322323293895855
08/02/2023
Dated
/s/ RONALD T NAGLE
Signed
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