HSCHILD LLP Matthew S. Adams, Esq. (00141-2008) Marissa Koblitz Kingman, Esq. (11054-2014) 49 Market Street Morristown, New Jersey 07960 Telephone: (973) 992-4800 Facsimile: (973) 992-9125 Attorneys for Plaintiffs, Linda Fennell, Mary Anne Heino, Honora Fennell, Kevin Fennell, and Theresa Ravalese. madams@foxrothschild.com mkingman@foxrothschild,com LINDA FENNELL, MARY ANNI 0, SUPERIOR COURT OF NEW JERSEY HONORA FENNELL, KEVIN FENNELL, LAW DIVISION: OCEAN COUNTY AND THERESA RAVALESE woe L Docket No. OcN-L-_% /S1 3-17 Civil Action Plaintiffs, v TOWNSHIP OF LITTLE EGG HARBOR, DIANA McCRACKEN, in her professional capacity as custodian of records for the ‘Township of Little Egg Harbor, THE STATE | OF NEW JERSEY ATTORNEY GENERAL’S | OFFICE, JENNIFER STONEROD, in her professional capacity as OPRA Counsel for the | Office of the Attomey General, OCEAN COUNTY PROSECUTOR'S OFFICE, SHIRAZ 1 DEEN, in his professional capacity as assistant prosecutor and custodian of records for the Ocean County Prosecutor's Office, ORDER TO SHOW CAUSE Defendants. THIS MATTER being brought before the Court by Fox ROTHSCHILD, LLP, attomeys for plaintiffs, Linda Fennell, Mary Anne Heino, Honora Fennell, Kevin Fennell, and Theresa Ravalese (collectively, “Plaintiffs"), seeking relief by way of summary action pursuant to Rule 4:67, andNJLS.A. 4714-6, based upon the facts set forth in the Verifiod Complaint filed herewith an¢ for good cause shown, ITISon tris ik say of GW &.. 2017, ORDERED that defendants, Township of Little Egg Harbor, Diana McCracken, the State of New Jersey Attomey General’s Office, Jennifer Stonerod, Ocean County Prosecutor's Office, and Shiraz I Deen (collectively, “Defendants”), appear and show cause on the fay of 2017 before the Superior Court a the Ocean County Courthouse, 118 Washington St, Toms River, NJ 08753 ot A orctock in the AM oon, ‘or as soon thereafter as counsel can be heard, why an Order should not be entered: (1) Declaring and Adjudging unlawful Defendants’ actions in withholding access to government records sought in Plaintiffs’ March 30, and April 3, 2017, Open Public Records Act, Nu.8.A. 47:1A+1 et seq., (“OPRA") Requests (Fxxhibits B and C to Verified Complaint); (2) Ordering Defendants to turn over government records within its possession that are responsive to the OPRA Requests; (3) Conducting an in camera review of the goverment records to the extent Defendants assert any logal basis for refusing disclosure of all or a portion of same; (4) Declaring that Defendants knowingly and willfully violated the Act, unreasonably denied access under the totality of the circumstances, and imposing eivil penalties as permitted by law under NALS. 47:1A-1; () Awarding Plaintiffs its reasonable attorneys’ fees and costs incurred in connection with this action; and (© Granting such other and further relief as the Court deems equitable and just.AND IT IS FURTHER ORDERED that: L.A copy of this Order and a copy of the Verified Complaint and supporting documents shall be served upon the Defendants within _/) days from the day hereof, said service being authorized by the attorneys for Plaintiffs or their agents upon the Defendants and/or their legal representatives by electronic mail (e-mail), facsimile and/or ovemight courier, this Order serving as a substitute for a summons. 2. If any of the Defendants do not oppose this Order to Show Cause, relief may be granted by default against the non-responsive Defendant, provided that Plaintifis file a proof of service and a proposed form of Order at least one (1) day prior to the return date hereof, 3. Defendants shall file and serve a written answer, brief and/or answering affidavit to this Order to Show Cause and the relief requested in the Verified Complaint and proof of service a filed with the Clerk of the Ocean County Courthouse at 118 Washington St, Toms River, NJ 2017. The answer, brief and/or answering affidavit as the case may be, must be 08753, and a copy of the papers must be sent directly to the chambers of the undersigned Judge. Defendants must also send a copy of their opposition papers to Fox Rothschild, LLP, Attn: ‘Matthew 8. Adams, 49 Market Street, Morristown, New Jersey 07960, counsel for the Plaintiffs A telephone call will not protect your rights; you must file your opposition and pay the required fee of $135.00 and serve your opposition on your adversary, if you want the Court to heat your opposition to the relief Plaintiffs are seeking. 4, Plaintiff must file and serve any written reply to Defendants’ Order to Show Cause opposition by 2017. The reply papers must be filed with the Clerk of the Ocean County Superior Court und « copy of the reply papers must be sent directly to the chambers of the undersigned Judge.5. The Court will entertain argument, but not testimony, on the return date of the Order to Show Cause, unless the court and parties are advised to the contrary no later than 3 days before the return date. 6 Defendants take notice that the Plaintiffs have filed a lawsuit against you in the ‘Superior Court of New Jersey. The Verified Complaint attached to this Order to Show Cause states the basis of the lawsuit. If you dispute the Verified Complaint, you, or your attorney, must file a written answer, brief and/or answering affidavit and proof of service before the return date of the Order to Show Cause. 7. If you cannot afford an attomey, you may call the Legal Services office in the county in which you live or the Legal Services of New Jersey Statewide Hotline at 1-888-LSNJ- LAW (1-888-576-5529), If you do not have an attomey and are not eligible for free legal assistance, you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. EL WAIL,