LEGAL NOTICE
TO ALL INTERESTED PARTIES:
Please take notice that the following Order was entered by the
Honorable Jonathan N. Harris, Superior Court of New Jersey, Bergen
County, and filed, on Friday, March 17, 2000:
LAW OFFICE OF MICHAEL A. MELE
90 Main Street
Hackensack, New Jersey 07601
(201) 487-3055
Attorney for Petitioner
In the matter of the petition of
BENEVENTO PUBLISHING, INC.,
d/b/a VIRTUAL TOWN PAGES,
to take testimony
and to inspect documents
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) SUPERIOR COURT OF NEW JERSEY
) LAW DIVISION: BERGEN COUNTY
) DOCKET NO. BER-L-1543-00
)
) Civil Action
)
ORDER PRESERVING EVIDENCE AND AUTHORIZING DEPOSITIONS AND
DOCUMENT INSPECTION
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THIS MATTER having been opened to the Court by Michael A. Mele,
Esq., attorney for the petitioner, Benevento Publishing, Inc.,
d/b/a Virtual Town Pages, upon Verified Petition for an
Order pursuant to R. 4:11-1 preserving certain evidence,
and authorizing the petitioner to inspect and copy certain documents
and to take the testimonies of certain persons by deposition upon
oral examination, and the Court having considered the Verified
Petition, and supporting Affidavit of Diligent Inquiry
and Notice by Publication, and good cause having been shown;
IT IS on this 17th day of March, 2000,
ORDERED that, pursuant to R. 4:11-1, the petitioner
is hereby authorized to take testimony by deposition upon oral
examination, and to issue the necessary Subpoenas duces tecum
and corresponding Notices of Deposition, with respect to
the following witnesses whose testimonies are to be taken:
(a) Ernest Liberatore, 1034 River Road, Suite 6, Edgewater,
NJ 07020 and/or 121 Woodridge Place, Leonia, NJ 07605;
(b) Peter Mattioli, 329 Undercliff Avenue, Edgewater, NJ 07020;
(c) Christopher Mattioli, 329 Undercliff Avenue, Edgewater, NJ
07020;
(d) Karen Mattioli, 329 Undercliff Avenue, Edgewater, NJ 07020;
and
(e) Custodian of records/technical representative, 9NetAvenue,
Inc., 110 Meadowlands Parkway, Secaucus, NJ 07094;
The subject matter of the examinations will consist of certification
and authentication of the server access logs; the witness's knowledge
of the source of the subject messages; and steps and procedures
followed by edgewaternj.net in administering and maintaining the
subject message board; and it is further
ORDERED that pursuant to R. 4:11-1, the petitioner is
hereby authorized to inspect and copy the documentation referenced
in the Verified Petition, and to issue the necessary Requests
for Production of Documents pursuant to R. 4:18-1 to
the above-referenced parties; and it is further
ORDERED that, pursuant to R. 4:11-1, Ernest Liberatore,
Peter Mattioli, Christopher Mattioli, Karen Mattioli, and 9NetAvenue,
Inc. are each hereby ordered to preserve from spoilation, loss,
or destruction the following documentary evidence pending the
depositions and document inspections authorized hereunder:
All server access logs for visitors to the edgewaternj.net
web site for the period from 1/24/00 through and including the
date of production; any and all e-mail or other written correspondence
or memoranda by and/or between any of the individuals referred
to in Paragraph 17 and/or any third persons which refers or relates
in any way to any messages published on the edgewaternj.net message
board; and any and all e-mail correspondence or other written
correspondence or memoranda by and/or between any of the individuals
referred to in Paragraph 17 and/or any third persons which refers
or relates in any way to the petitioner, its officers, agents,
and/or representatives, or to "Edgewater Online" or
the "Edgewater Beacon";
and it is further
ORDERED that a true copy of this Order shall be served upon
all of the above-referenced parties from whom such discovery is
hereby authorized to be obtained within 7 days of the date of
entry hereof.
(Signed) HON. JONATHAN N. HARRIS,
J.S.C.
_____ Opposed
__X__ Unopposed
