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UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

__________________________________________________________________________

KARL LOOSE; : CASE NO. 

THOMAS HAMILL; : 

GREGORY LASKY; : 

ADVOCATES FOR DISABLED : Civil Action 

AMERICANS (AFDA); : 

 : 

 Plaintiffs, : 

 vs. : 

 : 

NORTH WILDWOOD CITY; : PLAINTIFFS’ COMPLAINT

JOHN DOE(S), fictitious names of : 

Defendants A thru Z, : 

 : 

 Defendant(s). : 

 Plaintiffs, Karl Loose residing at 4327 Manor Avenue, Pennsauken, New Jersey 08109; 

Thomas Hamill residing at 1702 Lincoln Drive, Voorhees, New Jersey 08043; Gregory Lasky 

residing at 3350 East Greenview Terrace, Margate, Broward County, Florida 33063; and, 

Advocates For Disabled Americans (AFDA) doing business in Camden County, New Jersey, by 

way of complaint against the Defendant states: 

JURISDICTION

1. This Court has original jurisdiction pursuant to 28 U.S.C. § 1331 in that Plaintiffs allege a 

violation of the Americans With Disabilities Act (ADA) and the Rehabilitation Act of 

1973. 

PARTIES

2. Plaintiff Loose is a disabled man who uses a wheelchair. Plaintiff Loose is a frequent 

visitor of the Jersey shore including North Wildwood, having last attempted to utilize the 

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services of the Defendant on December 11, 2010. Plaintiff Loose is in the Pennsauken 

Township High School’s Hall of Fame. 

3. Plaintiff Hamill is disabled and uses a wheelchair. Mr. Hamill is very active in charities 

and was a member of the New Jersey and Pennsylvania Bars after serving as a law clerk 

to a United States District Judge. His is a frequent visitor of the Jersey shore including 

North Wildwood on December 14, 2010. 

4. Plaintiff Lasky is disabled and uses a wheelchair. Prior to his injury rendering him 

disabled Plaintiff Lasky was honored for his work as a fire fighter. Plaintiff Lasky last 

attempted to utilize the services of the Defendant on December 5, 2010. 

5. Plaintiff AFDA is a civil rights organization whose goal in part is to enforce the rights of 

the disabled. 

6. Defendant North Wildwood City is a municipality located in Cape May County, New 

Jersey. Said Defendant has been the subject of previous lawsuits involving violations of 

the access laws to the disabled; Caruso v. North Wildwood, U.S.D.C. New Jersey, 1:95-

cv-01373-JEI; and Edward Law; Carmena Stoney v. North Wildwood City, Aberdeen 

Township, Case No. 1:09-cv-04178-JHR-KMW. 

NOTICE

7. Defendant was made aware of the violations of access to the beaches and bathrooms by 

expert reports served upon Defendant’s Counsel Eric Harrison in regard to the case of 

Edward Law; Carmena Stoney v. North Wildwood City, Aberdeen Township, Case No. 

1:09-cv-04178-JHR-KMW. Defendant was made aware of its new construction violations 

of curb cuts and sidewalks by the expert report of William B. Cody. The Defendant’s 

Counsel Mr. Harrison also declined an invitation to be shown the said access violations 

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placing a condition only if the disabled individual was to be present. Consequently, 

Defendant had, at best, constructive notice of Defendant’s violations prior to suit being 

filed. 

In addition, the engineer has testified that he is not familiar with the applicable access 

codes. 

FIRST COUNT

8. Plaintiffs have been patrons of the Defendant North Wildwood City’s services including 

Plaintiff Loose on December 11, 2010, Plaintiff Hamill on December 14, 2010 and 

Plaintiff Lasky on December 5, 2010. 

9. The uses of the Defendant’s services were impaired as a lack of access to them and the 

disabled as a whole. Specifically, the new constructed sand dune ramps at J.F.K. 

Boulevard do not have an accessible route to the bathrooms at J.F.K. Boulevard and are 

not accessible. In regard to curb cuts the Plaintiffs’ ability to utilize same was impaired 

in that they are constructed with excessive slopes, have a lack of level landing as well as 

improper thresholds. These curb cuts include the following streets; New York, New 

Jersey, Atlantic, Central, Surf Avenues and J.F.K. Boulevard. 

10. The vast majority of said curb cuts are newly constructed. 

11. The Defendant has recently constructed a sidewalk on Surf Avenue that has altered cross 

slopes. 

12. Upon information and belief the Defendant receives funding from the United States of 

America for the above mentioned discrimination.. 

13. Plaintiff Lasky made a telephone call to Defendant for assistance prior to filing suit. Said 

telephone call was not returned. 

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14. This lack of access to Plaintiffs is a violation of the New Jersey Law Against 

Discrimination (LAD) including its regulations N.J.A.C. 13:13-4.1; Title II of the ADA 

and the Rehabilitation Act of 1973. 

15. The Plaintiffs intend to return to the services and programs as both patrons and testers. 

Indeed, the AFDA will have a meeting in North Wildwood in the summer of 2011. 

16. In addition, Plaintiff Loose on December 11, 2010 attempted to utilize the Albert Allen 

Park but due to the lack of accessible parking, routes, bathrooms and services, his ability 

to utilize same was impaired. 

17. As a result the Plaintiffs sustained emotional distress and anger. 

18. Plaintiffs reserve the right to amend its allegations as discovery progresses. 

WHEREFORE, Plaintiffs demand judgment for: 

1) Damages, including punitive for Defendant’s intentional conduct and the LAD. 

2) Nominal damages under the Rehabilitation Act and Title II of the ADA. 

3) Injunctive relief. 

4) Attorney fees. 

5) Costs of suit. 

SECOND COUNT

19. Plaintiff AFDA repeats the allegations of the first count. 

20. Plaintiff AFDA has standing in its own right to prosecute this matter in that in its own 

members have standing and have sustained damages. 

WHEREFORE, Plaintiff AFDA demands judgment for: 

1) Injunctive relief. 

2) Damages. 

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3) Attorney fees. 

4) Costs of suit. 

THIRD COUNT

21. Plaintiffs repeat the allegations of the first and second counts. 

22. Defendants John Doe(s) fictitious names of Defendants A thru Z are other government 

and private entities who are responsible for the aforementioned discrimination and are the 

architects, contractors, and engineers who aided and/or abetted the aforementioned 

discrimination. 

WHEREFORE Plaintiffs demand judgment for: 

1) Damages, including punitive for Defendant’s intentional conduct. 

2) Nominal damages under the Rehabilitation Act and Title II of the ADA and the 

LAD. 

3) Injunctive relief. 

4) Attorney fees. 

5) Costs of suit. 

Dated: December 16, 2010 s/Anthony J. Brady, Jr. 

ANTHONY J. BRADY, JR., ESQUIRE 

1 Rose Avenue 

P O Box 129 

Maple Shade, New Jersey 08052 

(856) 662-5234 

Email: ladbrady@gmail.com 

Attorney for Plaintiffs 

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METHFESSEL & WERBEL, ESQS. 

3 Ethel Road, Suite 300 

PO Box 3012 

Edison, New Jersey 08818 

(732) 248-4200 

+1(732) 248-2355 

mailbox@methwerb.com

Attorneys for North Wildwood City

Our File No. 71689a ELH 

KARL LOOSE; THOMAS HAMILL; 

GREGORY LASKY; ADVOCATES FOR 

DISABLED AMERICANS (AFDA) 

Plaintiffs, 

V.

NORTH WILDWOOD CITY; JOHN 

DOE(S) FICTITIOUS NAMES OF 

DEFENDANTS A THRU Z 

Defendants. 

UNITED STATES DISTRICT COURT, 

DISTRICT OF NEW JERSEY, CAMDEN 

CIVIL ACTION NO.: 1:10-CV-06587-

JBS-KMW 

DEFENDANT’S FIRST SET OF 

SUPPLEMENTAL

INTERROGATORIES ON 

PLAINTIFF LOOSE 

INTERROGATORIES ON KARL LOOSE

1. Please provide your current address and each address where you 

have lived for the past twenty years, noting the period of time during 

which you lived at each address. 

2. Describe every visit you have made to the City of North Wildwood 

over the past 10 years and provide a description of precisely which 

buildings, facilities or other services you were unable to access. For each 

visit, please provide the names and addresses of all witnesses whom 

accompanied you. 

3. With respect to each visit described in response to the preceding 

interrogatory, describe in detail your efforts, if any, to relay your 

difficulties to the municipality or to request assistance prior to filing this 

lawsuit. For example, if you contend that you called the municipality 

prior to accessing its services, please provide: date of call, exact time of 

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call, to whom you spoke or prompt on which a voicemail message was 

left, exact nature of message, the name and address of any witness to 

your call and length of time waited by you for a response prior to leaving 

the facility/service for which you attempted to access. 

4. With respect to each visit described in response to Interrogatory 

No. Two (2), please detail the reasoning/purpose of your visit to each 

specific facility. For each response, please indicate whether your 

presence in the City of North Wildwood was related to AFDA business. 

Please detail said business. 

5 Describe in detail any and all plans, if any, you have to return to 

the City of North Wildwood, where you intend to stay and what municipal 

buildings, facilities, and/or services you wish to access and your purpose 

for accessing such facilities and services. 

6. Please provide, in chronological order, the name, venue and docket 

number of any every lawsuit or administrative complaint to which you 

have been a party over the past 20 years. With respect to each lawsuit or 

complaint listed, describe in detail the outcome of the lawsuit, including 

the terms of any settlement reached and/or judgment entered. Your 

description should include all monetary amounts paid to you, any other 

plaintiff involved in the case and all equitable relief awarded or provided 

voluntarily by the defendant. 

7. Describe in chronological order and by date each time you have 

been a patron of North Wildwood’s services, identifying with respect to 

each date of the services of which you were a patron. 

8. With respect to each visit to North Wildwood, describe in specific 

detail how your ability to utilize the services was impaired. 

9. Prior to initiating this litigation, have you ever specifically 

contacted the City’s ADA Coordinator to discuss access related issues 

and/or request assistance to the City’s services you contend are 

inaccessible?

10. Have you ever attempted to access North Wildwood’s front beaches 

with use of a balloon wheelchair or assistance from Beach Patrol 

transportation onto the beach? If so, please describe, in chronological 

order and providing dates, each such attempt and precisely what 

occurred.

11. Please describe all communication had between yourself and 

Edward Law regarding the latter’s previous lawsuit against the City, his 

allegations of inaccessibility and your testing of said facilities and 

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services. Please provide the date, time and method of your 

communication, as well as the date and time of your related visit to the 

City.

12. Have you ever visited the City of North Wildwood website to view a 

listing of accommodations available for the disabled? If not, please 

explain why not. If so, please describe all efforts you took to obtain an 

accommodation and the outcome of your efforts. 

13. Describe in detail your intentions to “return to defendant’s services 

both as a patron and a tester.” 

14. Describe in detail the “anger and emotional distress” you have 

experienced as a result of lack of accessibility you experienced to North 

Wildwood’s services. 

15. Provide the names and addresses of all medical or other 

professionals with whom you have consulted or treated over the past 10 

years for anger or emotional distress. 

16. Describe in detail the “violations of access laws to the disabled” for 

which North Wildwood was previously sued as described at Paragraph 6 

of the Complaint. Provide copies of all pleadings, discovery and 

settlement agreements relating to such lawsuits. 

17. Do you contend that North Wildwood violated the terms of any 

order or settlement agreement relating to the prior lawsuits described at 

Paragraph 6 of the Complaint? If so, describe in detail the claimed 

violations.

18. Describe in detail the injunctive relief you are seeking, including 

within your description the precise locations and services at issue and 

the precise relief you seek with respect to each of such services. 

19. Describe the basis for your claim for damages. 

20. Have you ever requested assistance from a municipal employee or 

any other representative of North Wildwood in obtaining access to any of 

the services to which you claim lack of access or impaired access? If so 

please provide a description of such request and the outcome of such 

request. If not, please explain why not. 

21. Describe in specific detail your efforts to access the City’s facilities 

and services on December 11, 2011. Include in said description the 

name and addresses of all witnesses to your efforts. 

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22. State the names and addresses of all persons who have knowledge 

of any facts relating to the case. With respect to each person, describe 

his or her relevant knowledge. 

23. Describe in specific detail your efforts to access Albert Allen Park 

and related efforts to access (a) accessible parking, (b) routes, (c) 

bathrooms and (4) services. 

24. If any photographs, videotapes, audiotapes, or other forms of 

electronic recording, sketches, reproductions, charts or maps were made 

with respect to anything that is relevant to the subject matter of the 

complaint, describe; 

(a) The number of each; 

(b) What each shows or contains; 

(c) The date taken or made; 

(d) The names and addresses of the persons who made them; 

(e) In whose possession they are at present; and

(f) If in your possession, attach a copy, or if not subject to 

convenient copying, state the location where inspection and 

copying may take place. 

25. If you or your representative and the defendant have had any oral 

communication concerning the subject matter of this lawsuit, state: 

(a) The date of the communication; 

(b) The name and address of each participant; 

(c) The name and address of each person present at the time of 

such communication; 

(d) Where such communication took place; 

(e) A summary of what was said by each party participating in the 

communication.

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CERTIFICATION

I hereby certify that the foregoing Answers to Interrogatories made by me 

are true. I am aware that if any of the foregoing statements made by me 

are willfully false, I am subject to punishment. 

I hereby certify that the copies of the reports annexed hereto provided by 

either treating physicians or proposed expert witnesses are exact copies 

of the entire report or reports rendered by them; that the existence of 

other reports of said doctors or such experts, either written or oral, are 

unknown to us, and if such become later available or known, our 

attorney shall serve them promptly on the propounding party. 

_________________________________

DATED: Karl Loose 

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July 21, 2011 

VIA FAX: (856) 438-5492 AND EMAIL: ladbrady@gmail.com

Anthony J. Brady, Jr., Esq. 

PO Box 129 

1 Rose Avenue 

Maple Shade, NJ 08052 

RE: LOOSE, KARL VS. NORTH WILDWOOD CITY, ET AL. 

Our File No. : 71689A ELH 

Docket No. : 1:10-CV-06587-JBS-KMW 

Dear Mr. Brady: 

On April 14, 2011 defendant sent plaintiffs its first set of discovery 

requests which included interrogatories and document demands 

(enclosed). Recently, defendant received the enclosed answers to these 

discovery requests which were largely unresponsive and deficient. 

Please accept the following correspondence as defendant’s request that 

plaintiff AFDA provide more specific answers to defendant’s initial 

discovery demands. Should we not receive the requested information 

below within 10 days, defendant will seek Court intervention. 

DEFICIENCIES IN PLAINTIFF AFDA’S RESPONSES TO DOCUMENT 

DEMANDS

1. Please provide all documents demonstrating the formation 

and registration of the AFDA and all documents demonstrating its 

current registration status in all States in which it is registered. 

Plaintiff AFDA responded to this document demand without enclosing 

the requested information. Instead, AFDA has provided an uncertified 

Certificate of Incorporation with blank spaces – e.g. no indication of the 

registered office of the corporation and largely blank provisions void of 

identifying information.

Please correct this largely unresponsive answer. 

JOEL N. WERBEL> 

JOHN METHFESSEL, JR.> 

EDWARD L. THORNTON*> 

FREDRIC PAUL GALLIN*+^ 

STEPHEN R. KATZMAN# 

WILLIAM S.BLOOM>* 

ERIC L. HARRISON*+ 

MATTHEW A. WERBEL> 

Of Counsel 

JOHN METHFESSEL, SR.> 

DONALD L. CROWLEY*+ 

Counsel 

LORI BROWN STERNBACK*+ 

MARC DEMBLING*+ 

PAUL J. ENDLER JR.> 

GERALD KAPLAN+ 

JARED P. KINGSLEY*+ 

STEVEN A. KLUXEN^ 

JOHN R. KNODEL*+

CHARLES T. MCCOOK, JR. *> 

MARTIN R. MCGOWAN, JR.> 

Associates

EDWARD D DEMBLING> 

MICHAEL R. EATROFF> 

TIMOTHY J. FONSECA+ 

MAURICE JEFFERSON> 

FRANK J. KEENAN+^ 

JENNIFER M. HERRMANN^= 

JASON JUDOVIN+ 

RAINA M. JOHNSON^ 

MARISSA KEDDIS+ 

LESLIE A. KOCH+ 

ALLISON M. KOENKE> 

VIVIAN LEKKAS+ 

DANIELLE M. LOZITO+ 

RICHARD A. NELKE~ 

CAROLINE PYRZ^ 

MATTHEW L. RACHMIEL> 

WILLIAM J. RADA+ 

AMANDA J. SAWYER^ 

JOEL S. SILBERMAN+ 

GINA M. STANZIALE> 

ADAM S. WEISS< 

* Certified by the Supreme Court of 

 New Jersey as a Civil Trial Attorney 

+Member of NY & NJ Bar 

^ Member of PA & NJ Bar 

>Member of NJ Bar only 

# Member of NJ & LA. Bar 

<Member of NJ & DC Bar 

~Member of NY, NJ & DC Bar 

=Member of FL Bar 

Please reply to New Jersey

 

METHFESSEL & WERBEL 

 A Professional Corporation

3 Ethel Road ~ Suite 300 ~ P.O. Box 3012 ~ Edison, NJ 08818 ~ (732) 248-4200 ~ FAX (732) 248-2355 

450 Seventh Avenue ~ Suite 1400 ~ New York, New York 10123 ~ (212) 947-1999 ~ FAX (212) 947-3332 

www.njinslaw.com

Case 1:10-cv-06587-JBS-KMW Document 24-1 Filed 11/21/11 Page 43 of 74 PageID: 132
Methfessel & Werbel, Esqs. 

Our File No. 71689A ELH 

Page 2

2. Please provide all minutes of each AFDA meeting since its 

inception.

AFDA objects to the relevant information requested in this document 

demand, citing that “minutes of AFDA meetings immaterial since 2005.” 

Additionally, the AFDA indicates that it “will respond to more narrowly 

tailored questions for time periods relevant to this matter.” If the 

meeting minutes from 2005 through the present are voluminous we will 

be happy to reimburse you for duplication costs. However, your 

assertion of lack of materiality is unfounded. 

As the AFDA is a party to this matter which purports to represent the 

rights of the disabled, its corporate status and operations are relvant 

areas of legitimate discovery. Particularly noteworthy in the uncertified 

COA is the indication that the organization shall have no members; yet 

your clients have previously certified to their “membership” in this 

organization.

Please correct this largely unresponsive answer. 

3. Please provide all documents filed with the federal 

government and all state government on behalf of the AFDA since 

its inception. 

AFDA refers only to the documents supplied in its response to 

defendant’s document demand number one (1). While it is unclear which 

member or representative of the AFDA supplied the responses to these 

document demands, based on plaintiffs’ answers to our supplemental 

interrogatory requests, the City believes that more documents should be 

supplied in response to this demand.

Specifically, in response to supplemental interrogatory number 17, 

plaintiff lists what purport to be outreach and/or volunteer work on 

behalf of the ADFA. Several of theses activities involved participation 

in/with state and federal government activities, including and especially 

any lobbying activities. 

To the extent that additional documents respond to defendant’s initial 

request in document demand number three (3), please provide said 

documents and amend plaintiff’s disclosures pursuant to FRCP 26. 

Should no additional documents exist to complete AFDA’s response, 

defendant demands Certification by an authorized representative of the 

AFDA that no such documents exist. 

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Methfessel & Werbel, Esqs. 

Our File No. 71689A ELH 

Page 3

Please correct this largely unresponsive answer. 

7. Provide all non-privileged e-mails between members of the 

AFDA concerning the (a) defendant and (b) any previous 

municipality the AFDA has sued for access related issues. 

AFDA objects to this document demand by stating “Immaterial and said 

information is not relevant in that all suits against other municipalities 

not material.” Subpart (a) demanded copies of emails relating to this 

lawsuit and subpart (b) demanded copies of emails relating to other 

municipalities. AFDA has responded to neither. Both are relevant to 

the issue of AFDA’s legitimacy as an organization and its standing to sue 

in this case. 

Please correct this largely unresponsive answer. 

8. Please provide all tax returns for the AFDA since the date of 

its formation. 

AFDA objects to this document demand by stating that tax records are 

privileged and irrelevant to the within matter. I disagree. 

As indicated in e-mail correspondence between yourself and the 

undersigned on July 7, 2011, the defendant is requesting tax returns of 

the AFDA to determine if, in fact, it is a properly functioning organization 

which complies with the laws and regulations necessary for it to invoke 

associational or representative standing on behalf of its members.

Please correct this largely unresponsive answer. 

9. Please provide all correspondence sent to members of the 

AFDA related to AFDA business – e.g. meeting dates and locations, 

etc. – since the date of its formation. 

AFDA objects of this interrogatory stating that the request is “not 

material and in that standing is established at the time of the filing of the 

Complaint.” AFDA goes on to state that “said records may not be 

available due to the death of a member of the AFDA.” 

Your legal contentions regarding legal standing are irrelevant to the 

legitimacy of this demand, which seeks documentation of the operations 

of AFDA. If they requested records are not available then an authorized 

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Methfessel & Werbel, Esqs. 

Our File No. 71689A ELH 

Page 4

representative of the AFDA must certify as much. If they are available, 

they should be provided.

Please correct this largely unresponsive answer. 

10. Please provide all expert reports obtained by the AFDA in 

support of each litigation listed in defendant’s answers to 

interrogatories 3 and 4.

AFDA objects to this request as “not material and too burdensome.” 

However, AFDA does not provide the number of expert reports at issue 

and its efforts to locate said reports, nor does it list the matter name 

and/or docket number associated with the litigation. 

Of course the content of reports commissioned for prior litigation is 

relevant, as the positions taken in prior litigation may be inconsistent 

with those taken in this case. Please provide the factual basis for your 

claim that complying with this demand would be “too burdensome.” 

Please correct this largely unresponsive answer. 

12. Please provide the business addresses and e-mail addresses 

for all satellite locations of the AFDA and all states of operation. 

While AFDA states that “there are no satellite locations of the AFDA”, this 

statement is contradictory to the testimony of its current vice president, 

Edward Law, in the matter of Law v. City of North Wildwood, 1:09-CV04178-JHR-KMH.

When deposed by City counsel regarding this lawsuit, Mr. Law indicated 

that he conducted business on behalf of the AFDA in the State of Florida. 

He also indicated that the AFDA conducts business “wherever” he is. As 

counsel for Mr. Law in this matter, you are aware of this testimony. 

Mr. Law also indicates that unidentified persons may have called Florida 

to discuss access related issues with him in his capacity as “Chapter 

head for New Jersey” (AFDA). As such, all e-mail correspondence 

received by Mr. Law, or any member of the AFDA, is relevant to this suit, 

particularly as it pertains to the City of North Wildwood.

Additionally, the AFDA has listed plaintiff Karl Loose’s home address in 

New Jersey as its principal place of business, prompting defendant’s 

inquiry into additional business addresses and/or satellite locations at 

which AFDA business is conducted outside of the State of New Jersey. 

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Please correct this largely unresponsive answer. 

* * * * * 

DEFICIENCIES IN PLAINTIFF AFDA’S RESPONSES TO DEFENDANT’S 

INTERROGATORIES

1. Provide the chronological history of the formation of 

Advocates for Disabled Americans, identifying by name, address 

and length of membership of every individual affiliated with this 

organization from the date of its formation through the present 

time.

Again, AFDA has attempted to avoid answering discovery that is both 

relevant and significant to this litigation by accusing defendant of 

retaliation and intimidation. Identification of the members of the AFDA 

is both relevant and at issue to plaintiffs’ organizational standing in this 

matter.

As a non-profit organization that purports to represent the rights of the 

disabled, identification of membership is critical to the stated mission of 

the AFDA. Additionally, the AFDA is a non-profit organization and the 

withholding of membership appears to be in direct contradiction to its 

stated missions and goals. 

Please correct this largely unresponsive answer. 

2. Paragraph 5 of the Complaint describes AFDA as a civil 

rights organization and its goal, in part, is to enforce the rights of 

the disabled. “What are the other goals of the AFDA?” 

In response to this interrogatory, AFDA states that the AFDA also seeks 

to “protect the rights of the disabled”, as well as “to help the disabled 

with problems from their disabilities.” In furtherance to these stated 

goals, defendants request that plaintiff provide all documentation on 

which these goals appear—including, but not limited to, flyers, websites, 

bylaw amendments, seminars and/or conference, brochures or 

literature, etc... 

Please correct this largely unresponsive answer. 

3. Please provide in chronological order the names and docket 

number of every lawsuit or administrative complaint to which 

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AFDA has been a party from the inception of AFDA through the 

present time. With respect to each lawsuit or Complaint listed, 

describe in detail the outcome of the lawsuit including the times of 

any settlement reached and/or judgment entered. Your description 

should include all monetary amounts paid to AFDA, any other 

plaintiff involved in the case and all equitable relief awarded or 

provided voluntarily by the defendant. 

AFDA objects to this interrogatory and responds that such request is 

immaterial since “plaintiff is not seeking actual damages.” AFDA also 

states that “such information is in the public domain.” 

These are not legitimate responses. It is not the defendant’s job to 

search the “public domain” for relevant information about a party which 

has filed suit against it. Nor is the asserted absence of an intent to seek 

damages in this case sufficient to avoid providing the information 

requested.

Please correct this largely unresponsive answer by providing the 

information requested, including all terms of any non-confidential 

settlement reached. 

4. Please provide the name and address of every individual who 

has ever filed a lawsuit or administrative Complaint in the United 

States as a co-plaintiff or a co-complainant of AFDA. With respect 

to each such lawsuit or Complaint, describe the venue in which it 

was filed, the docket number and the outcome, including the terms 

of settlement reached and/or judgment entered. 

Defendant refers AFDA to the above, renewed request (deficiency 

description for interrogatory number 3). Again, the AFDA’s litigation 

history, especially if involving the within co-plaintiffs of this matter, is 

relevant.

While AFDA states that said information is in public domain, this does 

not alleviate its responsibility to provide the information requested to 

defendant, especially the terms of settlement and monies received by the 

AFDA.

Please correct this largely unresponsive answer. 

5. Describe in detail the injunctive relief sought by AFDA in this 

lawsuit, describing each municipal building facility or service in 

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question and the precise injunctive relief sought with respect to 

each such building facility or service. 

In response to this interrogatory, AFDA states that it seeks to “ensure 

defendant creates access to its bathrooms, beaches, routes, curb cuts 

and sidewalks”, without identifying which bathrooms, beaches, routes, 

curb cuts and/or sidewalks. Please provide a more specific answer so 

that the defendant may be made aware of why it is being sued.

Please correct this largely unresponsive answer. 

6. Describe the factual and legal basis for plaintiff AFDA’s 

claim for damages. 

In response to this interrogatory, plaintiff AFDA objects and states that it 

is only “seeking $1.00 in nominal damages.” The Complaint does not 

contain such a limitation. If AFDA files with the Court a statement that 

its demand for damages is limited to one dollar then we will withdraw 

this question. If not, please provide a response.

7. Have any of your members requested assistance from a City 

employer any other representative of the City of North Wildwood in 

obtaining access to any of the services to which organization 

claims lack of access or impaired access? If so, please provide a 

description of each request and the outcome of the request. If not 

please explain why not. 

AFDA responds to this interrogatory by describing unnamed persons 

from whom it claims members of its organization have requested 

assistance. Defendant’s interrogatory request asked for a description of 

the request made by any member of the AFDA to a City representative.

Please correct this largely unresponsive answer. 

8. Defendant withdraws supplemental interrogatory number 8.

11. If you or your representative and the defendant have had any 

oral communications concerning the subject matter of this lawsuit, 

state:

a. The date of the communication; 

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b. The name and address of each participant; 

c. The name and address of each person present at the time 

of such conversation; 

d. Where such communication took place; and 

e. A summary of what was said by each party participating 

in the communication. 

AFDA’s response does not provide the information requested by 

defendant’s interrogatory, namely the name of the persons with whom 

the AFDA alleged it or its membership communicated in regard to the 

subject matter of this lawsuit. 

Defendant demands that plaintiff Lasky provide the name of the police 

officer to whom he spoke with regarding the subject matter of this 

lawsuit, the location of the conversation and specifically what the 

conversation entailed. 

14. Have you ever retained inactive status as a corporation? If 

so, please provide date status became effective, efforts of 

membership to reinstate and reinstatement date. 

In response to defendant’s document demand number six (6), AFDA 

stated that the AFDA has no income flow; yet in response to 

supplemental interrogatory number 14, AFDA responds that 

“organization paid the filing fee.” 

Defendant again renews its request for all budget information regarding 

the AFDA in this matter, including but not limited to who paid the 

reinstatement fee if the AFDA has no income flow. 

Please correct this largely unresponsive answer. 

15. Please provide the dates and times of all past and future 

AFDA meetings in defendant City. For each meeting date, please 

provide the facility name and address, as well as the date it was 

decided by the AFDA to conduct meeting at said facility. 

Although AFDA provides the date and location of a purported AFDA 

meeting, it fails to provide when it was decided by the AFDA to conduct 

this meeting at said facility and whether the July 16, 2011 meeting was 

the only meeting of AFDA’s business within defendant City. 

Please correct this largely unresponsive answer. 

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17. State all outreach and/or volunteer work the AFDA has 

engaged in since the date of its formation. Please provide the 

corresponding date, participating members, nature of activity and 

location of activity.

AFDA has again failed to provide the corresponding dates and locations 

of the outreach and volunteer work described in its response. AFDA also 

has failed to provide the names and organizations receiving the 

assistance of its organization, which deliberately interferes with the 

defendant’s ability to investigate the suggestions in the response. 

Please correct this largely unresponsive answer. 

18. State all officer positions – i.e. president, vice president 

treasurer, etc. – held by members of the AFDA since the date of its 

formation.

Again, for the reasons discussed at length above, defendant is entitled to 

the corporate structure information requested of AFDA. Please correct 

this largely unresponsive answer to provide the requested information, 

which is provided for in the AFDA’s enclosed Bylaws. 

* * * * * 

Plaintiff AFDA has had more than three months to complete the enclosed 

discovery responses. Additionally, defendant still has not received 

individual discovery responses from plaintiffs Loose and Hamill. As a 

continued courtesy, defendant will provide all plaintiffs with 10 days 

from the date of this letter to provide the City with responses (that are 

now several weeks overdue) prior to seeking intervention from the Court. 

Defendant will address Mr. Lasky’s responses to its initial requests under 

separate cover.

Very truly yours, 

METHFESSEL & WERBEL, ESQS.

Eric L. Harrison

harrison@methwerb.com

Ext. 138

ELH:sbo/at

Encs.: Discovery & Bylaws 

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