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SCHOLL, \VHITTLESEY &
GRUENBERG, LLC
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l East Main Street, Suite l
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Flemington, NJ 08822
(908) 788-9000
Franklin G. Whittlesey, Esq.
Attorney JD No. 016811994
Attom~y for Plaintiff
: SUPEIUOR COURT OF NEW JERSEY
: LAW DIVISION
: HUNTERDON COUNTY
or
s
DR. CESAR PARRA,
Plair.ttiff,
Vs.
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: DocketNo.
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HUNTERDONCOUNTYSOCffiTY
FOR lHE PREVENTION OF CRUELTY
TO ANIMALS, (HUNTERDON SPCA),
ASHLEY MEYER, individually and as an.
agent and employee of the Hunterdon
County SPCA, and JOHN AND JANE
DOES 1-10, being fictitious persons or
entities whose identiti.es are not presently
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CIVIL ACTION
COMPLAINT AND
JURY DEMAND
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known.
Defendants.
TIJ.e Plaintiff, .DR. CESAR PARRA. residing at
, \llhitehouse Station,
County of Hunterdon, State of New Jersey, by way of Complaint·againsHhe·Befendants, says:
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BACKGROUND
Plaintiff was a bond fide resident of the State ofNew Jersey when this cause of
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action arose, and resides at
, Whitehouse Station, Hunterdon County, New Jersey
08889.
2.
TI1e Defendant, HUNTERDON COUNTY SOCIETY FOR THE PREVENTION
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OF CRUELTY OF ANIMALS (HWJterdon SPCA) is an organization established pursuant to
N.J.S.A. 4:22·9, ct seq., with a principal place of business located at 576 Stamets Road, Milford,
HWJterdon County, New Jersey.
3.
The Defendant, ASHLEY MEYER, is or was an employee/agent of the Defendant
4.
, New Jersey 08848.
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HWJterdon SPCA with a last known address of
On or about March 14, 2012, the Defeudant Ashley Meyer, acting individually
or
and/or on behalf of the HWJterdon Sl'CA caused to be filed two criminal complaints and two
civil summonses against the Plaintiff, Dr. Cesar Parra.
Complaint No. 1022·SC-004603 charged the Plaintiff with a criminal violation of
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NJ.S.A. 4:22-17(b)(l), tomtent/torture of a living animal. The criminal activity is alleged to
On or about May 23, 201.2 the Hunterdon County Prosecutor's Office summarily
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have occurred on or about June 6, 2009.
dismissed criminal Complaint No. I 022-S C-004603 on the grounds that there lacked sufficient
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p<obabl.c cause to file the Complaint and prosecute the Plaintiff.
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7.
Complaint No. I 022-SC-004602 charged the Plaintiff with a criminal violation of
N.J.S.A. 4:22-l7(a)(l), overdriving, overworking and needlessly abusing and killing a living
animal. The criminal activity.isalleged to have occurred on or about June 6, 2009.
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On AprilS, 2012, the Readington Township Municipal Court dismissed
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Complaint No. 1022-SC-004602 as time barred by the expiration of the applicable statute of
limitations.
9.
Complaint No. 1022-SC-004604 charged the Plaintiff with a civil violation of
N.J.SA. 4:22-26(a)(l) for actions alleged to have occurred on June 6, 2009.
Complaint No. 1022-SC-004605 charged the Plaintiff with a civil violation of
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N.J.S.A. 4:22-26(a)(2) for actions alleged to have occurred on June 6, 2()09.
Civil Complaints Nos. 1022-SC 004604 and 1022-SC 004605 were dismissed by
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the North Hunterdon Municipal Court Prosecutor on or about July 12,2012.
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FIRST COUNT
(Libel and Jlefamntion of Character)
The Plaintiff hereby repeats and reiterates the allegations of the first eleven
paragraphs of this Complaint, as if fully set forth herein.
13.
The Defendant, Ashley Meyer, individually and on behalf of the Hunterdon
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SPCA caused to be filed two (2) separate criminal and two (2) separate civil charges against the
Plaintiff which were comp!e.tely baseless, without merit and without justifiable probable cause
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for issuance.
14.
All of the charges filed by the Defendants against th.e Plaintiff have been
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dismissed and none of the facts set forth therein .,.have been substantiated .
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IS.
The charges filed by the Defendants against the Plaintiff were made recklessly,
negligently and without consideration of. tho lntth or falsity of said charges or the reasonably
foreseeable damage to
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Plaintiff's career, business and professional reputation..
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16.
As a direct and proximate result of the filing of the two (2) criminal and two (2)
expense and to defend said charges at great cost and expense.
17.
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civil charges again~t the Plaintiff, the Plaintiff was forced to retain legal counsel at his own
As a direct and proximate remit of the filing of the two (2) criminal and two (2)
civil charges against the Plaintiff, the Plaintiff has been subjected to ridicule, public
18.
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embarrassment, harassment and defamation of his good character.
As a direct and proximate result of the filing of the two (2) criminal and two (2)
civil charges against the PlaJntiff, the Plaintiff has suffered financi.alloss from his business and
·economic damages attributable to the public disparagement of the Plaintiff within the field of
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business he derives his living and income.
WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally,
or
as follows:
For compensatory and consequential damages.
B.
For punitive damages.
C.
For counsel fees and costs.
D.
For such other relief as the Court deems proper and just.
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A.
The Plaintiff hereby repeats and reiterates the allegations of the first eightean
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SECOND COUNT
(Intentional Infliction of Emotional Distress)
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paragraphs of this Complaint, as if fully set forth herein.
20.
As a direct and proximate result of the actions of the Defendants, the Plaintiff has
suffered severe and dcbi.litating emotional distress.
21.
The conduct of Defendants is so outrageous and offensive that the emoti.onal
distress caused by the Plaintiff was clearly foreseeable and proximately caused by their actions.
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Defendants are guilty of the co1111non law to1t of outrage. The behavior ofthc
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Defendants rises to a level which wou.ld incense and outrage the sensibilities of any ordinary
person.
WHEREFORE, Plaintiff demands judgJnent agai.nst the Def<mdants, jointly and severally
as follows:
Fof compensatory and consequential damages.
B.
For ptmitive d.1unages.
C.
For counsel fees and costs.
D.
For such other relief as the Cowt deems proper and just.
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TIDRDCOUNT
(Fraud and Misrepresentation)
23.
'The Plaintiff hereby repeats and reiterates the allegations of the ffrst twenty-two
paragraphs of this Complaint, as if fully set fortl1 herein.
The Defendant Ashley Meyer misrepresented and made false statemrnts to Court
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staff in the issuance of filing the four complaints against the I?.laintiff.
Defendant Ashley Meyer was aware or should have been aware that her
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allegations against the Plaintiff were untrue, false and would lead to criminal charges being
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brought against the Plaintiff. Defendant Meyer acted with reckless disregard for the truth and
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fraudulently represented herself to Court personnel:
WHEREFORE, :Plaintiff demands judgment against the Defendant, Ashley Meyer as
follows:
A.
for compensatory a11d consequential damages.
B.
For punitive damages.
C.
For counsel fees and costs.
D.
For such other rdief as the Court deems proper and just.
FOURTH COUNT
(Negligent Infliction of Emotional Distress)
The Plaintiff hereby repeats and reiterates the allegations of the frrst twenty-five
27.
As a direct and proximate result ofth.e actions of the Defendants, the Plaintiff has
suffered severe and debilitating emotional distress.
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paragraphs of this Complaint, as if :fully set forth herein.
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The conduct of Defendants was and is negligent and does not comport with the
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acti.ons of a reasonably prudent person. Defendants acted with negligent regard
for the truth and their actions were careless.
or
WHEREFORE, Plaintiff demands judgment against the'Defendants, jointly and severally,
as follows:
For compensatory and consequential dem.ages.
B.
For punitive damages.
C.
For counsel fees and costs.
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For such other relief as the Court deems proper and just.
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D.
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29.
FIFTH COUNT
(Negligent Interference with Prospective Eeonomic Relations)
l11e Plaintiff hereby repeats and reiterates the allegations of the first twenty-eight
paragraphs of this Complaint, as if fully set forth herein.
30.
The Defendant, :Ashley Meyer, individually and on behalf of the Hunterdon
SPCA caused to be filed two (2) separate cdminal and two (2) separate civil cbarge3 against the
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Plaintiff which were completely baseless, without merit and without justifiable probable cause
31,
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for .issuance,
All of the charges filed by the Defendants against the Plaintiff have been
dismissed and none of the facts set forth therein have been substantiated.
32.
The charges filed by the Defendants against the Plaintiff were made recklessly,
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negligently and without consideration of the truth or falsity of said charges or the reasonably
training which Defendants should have known.
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foreseeable damage to the !Plaintiff's ongoing business within the area of equine sales and
Through the Defendants' negligence as a direct and proximate result of the filing
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of the tv.·o (2) criminal and two (2) civil charges against the Plaintiff, the Plaintiff's business was
disrupted and Plaintiff sustained economic loss.
WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and severally,
as follows:
For compensatory and consequential d!Lmages.
B.
For ptmitive damages.
C.
For counsel fees and costs.
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For such othm: relief as the Court deems proper and just.
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SIXTH COUNT
(Intentional Infliction of Emotional Distress)
The Plaintiff hereby repeats and reiterates the allegations of the first thirty-three
paragraphs of this Complaint, as if fully set forth herein.
35.
As a direct and proximate result of the actions of the Defendants, the Plaintiff has
suffered severe and debilitating emotional distress.
36.
The conduct of Defendants is so outrag~ous and offensive that the emotional
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distress caused by the Plaintiff was clearly foreseeable and proximately caused by their actions.
37.
Defendants arc guilty of !he common law tort of outrage. The behavior of the
Defendants rises to a level which would incense and outrage the sensibilities of any ordinary
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person.
as follows:
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WHEREFORE, Plmbltiff demands judgment against the Defendants, jointly and severally
For compensatory and consequential damages.
B.
For punitive damages.
C.
For counsel fees and costs.
D.
For such other relief as the Court deems proper and just.
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38.
or
SEVENTH COUNT
(Jobn and ,Jane Does 1-10)
The Plaintiff hereby repeats and reiterates the allegations of the first thirty-seven
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paragraphs of this Complaint, as if fully set forth herein.
To the extent that there exist persons or entities whose munes and
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identities are not presently known to the Plaintiff, the Plaintiff al.leges and asserts all of the
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causc,s of action previously set forth in this Complaint against those individuals and reserves the
right to amend this Complaint as
discove~:y reveals
their identities. This includes additional
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members of the SPCA or persons making false and malicious statements or comments about the
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Plaintiff.
WHEREFORE, Plaintiff demands judgment against the Defendants John and Jane Does
1-10, as follows:
A.
For compensatory and consequential damages.
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For ptlnitiv(~ damages.
C.
For counsel fees and costs.
D.
For such other relief as the Court deems proper and just.
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B.
JURY DEMAND
Plaintiff demands a trial by Jury on all counts of this Complaint
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CERTIFICAIJON PURSUENT TOR. 4:5-1
I hereby certify that this matter ..is not the subject of any other pending action in any other
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court or arbitration proceed:ing contemplated and all known necessary parties have been joined in
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this action.
.mTTLESBY & GRUENBERG, LLC
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Plaintiff,
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Appendix XJI-Bl
Use for initial Law Division
Civil Part pleadings (not motions) under Rule 4:5-1
Pleading will be rejected for filing, under Rule 1:5-6( c),
if information above the black bar is not completed
or attorney's signature Is not affixed
TELEI'HON~
ATTORNEY/PROSE NAME
Franklin G. Whittlesey, Esq.
NUMBER
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CIVIL CASE INFORMATION STATEMENT
(CIS)
COUNTY OF VENUE
Hunterdon
(908) 768-9000
FIRM
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SchOll, WhJHiesey & Gruenberg, LLC
OFFICE ADDRESS
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1 East Main Street, Flemington, NJ IJ8822
JURY DEJ.oiAND
NAM~OF
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· CAS!:
HURRICANE !SANOY
(Soe revoraa aida for listing) . RELATEO?
! 0
YES
~NO
IS THIS A PROFESSIONAL MALPRACTICE CASE?
ll!JNO
INSURANCE COMPANY (W known)
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sama lranaactlon or oeoLit'Mnt':~}?
ll!l No
H
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DYES
No
CASE LAW
or
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609
D
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Dr. Cesar Parra v, Hunterdon County SPCA, et als.
Dr. Cesar Parra
(arl&lng o1;1t
ll!l YES
0
NoNe
ll!J
UNKNOWN
THE INFORMATION PRd.tiDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE.
Ons
.0
ll!INo
D
I"AMIUAI.
0
011<E~ (""ploln)
BUSINESS
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, CASE CHARACTEr:'.ISTICS FOR PURPOSeS OF DETERMINING IF CASE IS APPROPRIATHOR MEOIATJON
.. • DO PAFI:TIES ~liE A'O~RRJ;;_'::f,PAST.OR.
..IF YES •. IS 11eiAT FlELATJOf'jSHJI':
, RECUMENT RELATIONSHIP?
(J I;MPI.OYB~EMPLOYEEI
CJ FRIEND/NEISHBO!'i
DOES THE STATUTE GOVERNING 'tHIS CASE PROVIDE I'OR PAYMENT OF FE;es SY THE LOSINO PARTY?
l!lJ Na
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USE THiS SPACE TO ALERTTHE COLii'lTfO ANY SPEdiA( CASE CHARACTERISTICS THAfMAY WARRANr INbiVIOUA~ MANAGEMENT OR
ACCELEAATED DISI'OSITION
Do VOU 0~ VOUR Ct.,!i;;:N"I' N~ED ANY DI~MelLriY /\CCOMM~)I')t\tiONS1'
DY~S
WILL ,o\,1>/IN'ti':RPRIITEFI: ·ee NI!:I::OEO?
Dns
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YES, PLEASE IOiiNTrF'fiHE R!iQUESHilD ACCOMMODATION
ll!JNo
11'1' YES, FOI\l: WHAT LANGUAG~'f'
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I c~>rUfy that confidential PCI'!l')l'l~~!dentlfle"' have been rodacted from documents now submitted to the court, and will be
rod acted from all documonts~d In the future In accordance with F/ula1 :38·7(b).
A'r'rORNEV
Sll::iN~T.U,(lll;~:n
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pag~
1 of 2
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LAW OFFfCES OF
SCHOLL, WHITTLESEY & GRUENBERG, LLC
I EAST MAIN STREET, SUITE l
FLEMINGTON, NEW JI;;RSEY 08822
QONALD F. SCHOU,, Jl".
TELEPHONE (908) 788·9000
TELEFAX (908) 788·t758
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MEJI.llllrn. 01!1 N1 AM'J M M"
tmtJI: m~!1ri~iho:~R@,.,.n.onm
Office E-Mail: recdr;choli@F'C!n.c:om
Wett~ltc~ 'llt.MV ..!:C~~e>lllaw.ncl'
FRANlllN 0. WHI1TLESEY
l:itrJlil1
fltt1~gi@~DI.<lom
S1':EVEN P, Gl\TJENJJSRG
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S!'lt•ll: V>'!'ll~l'lbt!ll@b•l~om
l\ESECCA K. Ll
BmDil: rii@!!'!IIJ!!!lc.om
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VL4 HAND DELIVERY
Amy A. Guinan, Asst. Clvil Div. Manager
Superior Court of New Jersey
Hunterdon County Courthouse
65 Park Avenue
Flemington, New Jersey 08822
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March 12, 2014
Re:
Dr. Cesar Parra v.
Hunterdon County Society for the Prevention of Cruelty to Animals
(Bunterdon SPCA), Ashley Meyer, et aL
or
Dear Ms. Guinan:
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Enclosed please find an original and one (1) copy of a Complaint and Civil Case
Information Statement in the above-captioned matter. I am also enclosing this fitm's check in
the amount of $200.00 representing the filing fee for same.
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Please retum a filed copy of each in the enclosed, self-addressed and stamped envelope.
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Should you have any questions, please feel free to contact me .
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fGW:lss
Enclosures
~c:
Dr. Cesar Parra (wlenc via e"mail only)
.~.·\R.S&O !Jata\Litfgalim~\Pt;.rrr~;~($.PC4V•. tr
FrJing Complaint .~.t ;!.J4
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HUNTERDilN COUNTY JIISTJCE CENTEII
CIVIL DlV!SlQN
G:i 'ARK AVE
FlcMJNGTilN
N.J ORA22
!HACK ASSlGNMI':NT NOTICC
MARCH 12, 2014
PARRA VS HUNTERDON COUNTY
DOCKET: liNT L · 000121 1.4
DATE:
RE:
TRACK J,
THE 1\BOVF. CASE HAS BF.EN ,\SS1GNED TO:
DISCOVERY IS 450 DAYS AND RUNS FROM THE FIRST ANSWER OR 90 DAYS
SERVICE ON THE FIRST DEFENDANT, WHICHEVER COMES FIRST.
THI1 PRniUAL JUDGE A5SlGNEO IS:
i\t:
HON STEPHEN B. RUBIN
IF YOU HAVE ANY QUESTIONS, CONTACT
(908) 237-5922.
n:AM
001
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FROM
IF YOU BELIEVE THAT THE TRACK tS INAPPROPRIATE YOU MUST FILE A
CE~TIFICAT!ON OF GOOD CAUSE WITHIN 30 DAYS OF THo FILING OF YOUR PLEADING.
PLAINTIFF MUST SERVE COPIES OF THIS F'ORM ON ALL OTHER PARTIES IN ACCORDANCe
WITH
R.4:5~·2,
AT!ENT!ON:
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ATT: FRANKLIN G_ WHITTLESEY
SCHOLL WHITTLESEY &GRUENBERG
l EAST MAIN ST
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FLEIUNGTON
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NJ 08822
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COURT Tti.P.I'HONE NO. 19081 2)1-;;820
COURT HOURS