MON-L-000141-19 02/18/2020 11:39:18 AM Pg 1 of 7 Trans ID: LCV2020334553

Costello & Mains, LLC Counselors at Law

Kevin M. Costello◊ Michael J. Reilly +

Deborah L. Mains○ Marisa J. Hermanovich □
Daniel T. Silverman□ Jacquelyn R. Matchett □
Drake P. Bearden, Jr. ◊□ Stefanie Malone-Zeitz □
Christopher M. Emrich □
Kristy L. Krasowski □
Alicia R. Ivory □
◊CERTIFIED BY THE SUPREME COURT OF
NEW JERSEY AS A CIVIL TRIAL ATTORNEY

o Member of the New Jersey, New York Bars. www.CostelloMains.com

+ Member of the New Jersey Bar
□ Member of the New Jersey, Pennsylvania Bars (856) 727-9700
∆ Pending Membership of the New Jersey Bar (856) 727-9797 (fax)

February 18, 2020

VIA E-FILING, U.S. MAIL & FAX: 732-435-8359

Hon. Andrea I. Marshall, J.S.C.
Superior Court of New Jersey – Monmouth Courthouse
71 Monument Park, P.O. Box 1266
Freehold, NJ 07728

Re: D.T. by his parent and guardian A.T. v. Matawan Aberdeen Regional School
District, et al.
Docket No. MON-L-141-19

Dear Judge Marshall:

As you are aware, this firm represents the Plaintiff in the above-indicated matter, which is
currently scheduled for a Friendly Hearing on February 24, 2020. Please accept this
correspondence in advance of the same. Enclosed herein, please find a copy of my certification,
as well as a proposed Order.

This matter was filed under the New Jersey Law Against Discrimination (“LAD”) and
Plaintiff at no point sought treatment relevant to the damages in this matter. As Plaintiff did not
seek medical treatment and was not seeking any damages beyond “garden variety” damages in
this matter, there are no relevant medical records and as such, no physician’s certification.

By brief summary, this is a case filed under the LAD in which Plaintiff alleges that he
was subjected to racial harassment by multiple classmates student during the course of his
enrollment at Lloyd Road Elementary School. Plaintiff and his mother maintain that the same
was reported to school administrators but that the harassment continued unabated. Plaintiff’s

18000 Horizon Way, Suite 800, Mt. Laurel, NJ 08054

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February 18, 2020

Page 2 of 2

damages are those which are available to him under the LAD including his upset,
embarrassment, humiliation and indignity.

Should the Court require anything further in advance of the hearing, I would respectfully
request that such requests be directed to my office.

We thank the Court for its attention to this matter.

Very truly yours,

COSTELLO & MAINS, LLC

By: ___/s/ Jacquelyn R. Matchett_________

Jacquelyn R. Matchett
JRM/sp
Encl.
cc: Robert Tosti, Esq.
A.T.

18000 Horizon Way, Suite 800, Mt. Laurel, NJ 08054

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COSTELLO & MAINS, LLC

By: Jacquelyn R. Matchett
Attorney I.D. No. 107622014
18000 Horizon Way, Suite 800
Mount Laurel, NJ 08054
(856) 727-9700
Attorneys for Plaintiff

:
D.T. BY HIS PARENT AND GUARDIAN : SUPERIOR COURT OF NEW JERSEY
A.T., : MONMOUTH COUNTY - LAW DIV.
:
Plaintiffs, : CIVIL ACTION
:
vs. :
:
MATAWAN ABERDEEN REGIONAL : DOCKET NO: MON-L-141-19
SCHOOL DISTRICT, and JOHN DOES 1-5 :
AND 6-10, : ORDER ENTERING SETTLEMENT
: AND DIRECTING DEPOSIT OF
Defendants. : FUNDS

THIS MATTER having come before the Court in accordance with R. 4:44-3, and the

attorneys for the parties having reported to the Court that a settlement of the minor plaintiff’s

claim has been arrived at between the plaintiff and the defendants, and the Court having then

taken proofs on the record and having approved said settlement;

IT IS on this day of 2020, hereby ORDERED AND

ADJUDGED as follows:

1. Settlement is entered on behalf of D.T., a minor by his parent and guardian, A.T., in the

gross amount of $25,000 against the defendant Matawan Aberdeen Regional School

District, without costs and/or interest; and

2. The following deductions shall be made from the gross settlement and paid by Defendant

in separate drafts as follows:

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a. $7,461.42 to be paid to the Plaintiff’s attorneys which reimburses $1,615.23 for

actual disbursements, costs and expenses and $5,846.19 for attorneys’ fees, and;

b. A net recovery of $17,538.58 payable for the benefit of the minor after attorneys’

fees and costs have been deducted.

3. Pursuant to R. 4:48A, the net recovery of $17,538.58 payable for the benefit of the minor

Plaintiff shall be paid by or on behalf of the Defendant by check payable to the Surrogate

of Monmouth County Intermingled Trust Fund for benefit of D.T. a minor, within 20

days of this judgment. It is and shall be the responsibility of the attorney for the minor

Plaintiff to see that this deposit is completed.

4. A.T., D.T.’s parent and guardian, shall immediately make applications to the Surrogate of

Monmouth County pursuant to R. 4:81 for the appointment of a limited guardian of the

estate of the minor, limited to the amount on deposit with the Surrogate. The Surrogate of

Monmouth County is hereby directed to appoint A.T. as Guardian of the funds of the

minor.

5. Said Guardian shall not be authorized to receive any funds on behalf of the minor child

except Court direct withdrawals. It shall be the responsibility of the attorney for the

plaintiff to see that this appointment is completed. Upon otherwise qualifying as

Guardian, the positing of a bond by that person is dispensed with pursuant to N.J.S.A.

3B15-16.

6. Thereafter, monies are to be paid from said account only upon further order of the

Superior Court of New Jersey, Chancery Division, Probate Part, pursuant to N.J.S.A.

3B15-17, or upon the minor attaining majority under N.J.S.A. 3B15-17.

7. The attorney for the minor plaintiff shall deliver a copy of this Judgment to all parties and
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the Surrogate of Monmouth County within 10 days of receipt.

J.S.C.
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COSTELLO & MAINS, LLC

By: Jacquelyn R. Matchett
Attorney I.D. No. 107622014
18000 Horizon Way, Suite 800
Mount Laurel, NJ 08054
(856) 727-9700
Attorneys for Plaintiff

:
D.T. BY HIS PARENT AND GUARDIAN : SUPERIOR COURT OF NEW JERSEY
A.T., : MONMOUTH COUNTY - LAW DIV.
:
Plaintiffs, : CIVIL ACTION
:
vs. :
:
MATAWAN ABERDEEN REGIONAL : DOCKET NO: MON-L-141-19
SCHOOL DISTRICT, and JOHN DOES 1-5 :
AND 6-10, :
: CERTIFICATION OF JACQUELYN R.
Defendants. : MATCHETT

I, Jacquelyn R. Matchett, being of due age, do hereby certify and affirm as follows:

1. I am an attorney at law licensed to practice in the State of New Jersey and I am a

an associate counsel with the law firm of Costello & Mains, LLC, attorneys for the Plaintiff in

this action. As such, I am fully familiar with the facts stated herein.

2. I submit this Certification in support of Plaintiff D.T.’s request for a

friendly hearing pursuant to Rule 4:44-3.

3. The parties have agreed to resolve D.T.’s claims for the gross sum of $25,000.00.

4. It is my professional opinion that the proposed settlement is fair and reasonable as

to its terms and amounts.

5. My firm’s practice is focused primarily on employment and related civil rights,

and has litigated a significant number of school harassment claims under the New Jersey Law

Against Discrimination.
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6. D.T. is a minor with a birth date of April 19, 2007. At the time of this

Certification he is twelve years old.

7. D.T. resides with his family, including his mother, A.T., in Matawan, New Jersey.

8. By way of explanation of the fee in this matter, I submit to the Court that this

matter was brought pursuant to the New Jersey Law Against Discrimination, which provides for

separate fee shifting per the statute, and thus for separate fee recovery in addition to the recovery

for the Plaintiff.

9. At the time we were retained by D.T. and A.T., they understood the representation

in this matter was subject to a contingent percentage or the hourly shifted fee, whichever was

more, if the case ended successfully. If the matter had not ended successfully, no fee would be

expected.

10. There is no claimed mental or physical injury in this matter beyond garden variety

emotional distress. Therefore, a medical certification is not required in this matter.

10. A proposed form of Order setting forth the disbursements has been provided to

the Court.

11. Plaintiff respectfully requests that the Court enter an Order approving D.T.’s

settlement.

I hereby certify that the foregoing is true and correct to the best of my knowledge,

information and belief. I understand that if any of the forgoing is willfully false, I may be

subject to punishment.

COSTELLO & MAINS, LLC

By: /s/ Jacquelyn R. Matchett

Jacquelyn R. Matchett

Dated: February 18, 2020