Dae Sun Yoon v. Fletcher & West Associates, LLC

CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 7, 2025
DocketA-0988-23
StatusUnpublished

This text of Dae Sun Yoon v. Fletcher & West Associates, LLC (Dae Sun Yoon v. Fletcher & West Associates, LLC) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dae Sun Yoon v. Fletcher & West Associates, LLC, (N.J. Ct. App. 2025).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0988-23

DAE SUN YOON,

Plaintiff-Appellant,

v.

FLETCHER & WEST ASSOCIATES, LLC and KFC USA, INC.,

Defendants-Respondents. __________________________

Submitted November 20, 2024 – Decided February 7, 2025

Before Judges Marczyk and Torregrossa-O'Connor.

On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-8554-19.

Napoli Shkolnik, PLLC, attorneys for appellant (Tia Garcia, on the briefs).

Rawle & Henderson, LLP, attorneys for respondents (Richard Imossi, on the brief).

PER CURIAM Plaintiff Dae Sun Yoon appeals from the trial court's October 24, 2023

order denying his motion to reinstate his complaint pursuant to Rule 1:13-7. He

also appeals from the trial court's October 24, 2023 order granting defendants'

Fletcher & West Associates, LLC (Fletcher) and KFC USA, Inc. (KFC) motion

to dismiss plaintiff's complaint with prejudice based on his failure to restore the

complaint in a timely manner under Rule 1:13-7. Following our review of the

record and the applicable legal principles, we are satisfied plaintiff demonstrated

good cause to reinstate the complaint. Therefore, we vacate both orders.

I.

Plaintiff filed a complaint in December 2019 for injuries he allegedly

sustained after falling on defendants' premises in October 2018. Thereafter, the

case went through a procedural odyssey culminating in its ultimate dismissal.

Despite being served with the complaint in April 2020, defendants failed

to answer. In August 2020, the court issued a lack of prosecution dismissal

notice to plaintiff under Rule 1:13-7 pertaining to both defendants. In October

2020, plaintiff requested a default against defendant Fletcher for failure to plead

or otherwise defend, and default was entered against Fletcher on October 14,

A-0988-23 2 2020.1 Later in October 2020, plaintiff's complaint was dismissed as to KFC

pursuant to Rule 1:13-7, for lack of prosecution, and the notice stated "a formal

. . . motion is now required to restore this party to active trial status." In

December 2020, defendants attempted to file an answer. However, the court

rejected the answer because Fletcher was in default. Later that same month, the

court entered a consent order vacating default as to Fletcher and extending the

time to answer.2 Nevertheless, defendants failed to file an answer within thirty

days as set forth in the order.

Accordingly, a second lack of prosecution dismissal warning, pertaining

to defendant Fletcher only, was issued in February 2021. The warning stated

the case would be dismissed on April 20, 2021, unless appropriate action was

taken under Rule 1:13-7. On April 23, 2021, the court issued an order dismissing

1 It is unclear why default was not also requested as to KFC. 2 Plaintiff notes the "consent order did not address the lack of prosecution dismissal, but it was granted by the court anyway[] and the case went back into active status." Defendants assert this is incorrect as the consent order "only vacated Fletcher's default and permitted [d]efendants an opportunity to file an [a]nswer. The [c]onsent [o]rder did not reinstate the action regarding KFC, as the [c]ourt advised in its [d]ismissal [o]rder, dated October 16, 2020, a motion was necessary to effect such reinstatement." Defendants further note "the action against KFC was never reinstated after it was dismissed by the [o]rder dated October 16, 2020."

A-0988-23 3 Fletcher for lack of prosecution pursuant to Rule 1:13-7. The order stated "a

formal notice of motion is now required to restore this case to active trial status."

In January 2022, defendants filed yet another consent order vacating

default against defendant Fletcher, which was entered by the court. On January

17, 2022, defendants KFC and Fletcher filed an answer. On January 18, 2022,

the court issued a notice advising "[t]he complaint was dismissed for lack of

prosecution . . . as to both defendants. If [plaintiff] wish[es] to proceed with

this matter, [plaintiff] must file a motion with the court to vacate the dismissal."

(Emphasis in original).

Plaintiff asserts that the

prior . . . attorney at [their] firm [assigned to the case] was . . . charged with getting the matter reinstated. However, unbeknownst to anyone at [the] firm, he did not make the motion within the required [time period]. He was ultimately let go in April 2023. Following his dismissal, the case was [transferred] to another New Jersey attorney; however, within weeks of reassigning the case, that attorney unexpectedly left the firm.

Plaintiff further notes, "[f]ollowing the departure of both New Jersey attorneys,

the matter was reassigned to the one remaining New Jersey attorney at

[plaintiff's] firm, who promptly filed the motion to reinstate."

In September 2023, plaintiff's firm moved to reinstate. Defendants cross-

moved to dismiss with prejudice and opposed plaintiff's motion to reinstate

A-0988-23 4 "based on abandonment after a R[ule] 1:37-7 dismissal on April 24, 2021, . . .

and failure to demonstrate exceptional circumstances to reinstate the action."

The trial court, in an oral decision, noted "there was a significant . . . delay

as it relates to the request to reinstate and there is . . . case law that indicates that

a year or more" imposes "a significant standard of proof which must be

presented . . . upon an application to reinstate." The court further determined:

it [was] incumbent upon [plaintiff's] counsel to . . . take action warranted as it relates to being served with a notice of dismissal or . . . the case would be dismissed for lack of prosecution. That was served in this case. That was communicated. Yet, no action was taken for whatever reason . . . .

The court also found that the passage of time and lack of discovery created a

"substantial prejudice to . . . defendants to now try to defend a case where the

cases were dismissed three years ago." The court reasoned "there are no grounds

. . . presented . . . other than the procedural history," and "there was ample

opportunity" for plaintiff to move to reinstate. The court found "[e]xceptional

circumstances [were] not presented. Good cause [was] not presented. There

[was] substantial prejudice to . . . defendants . . . ."

On October 24, 2023, the trial court entered separate orders denying

plaintiff's motion to reinstate and granting defendants' cross-motion to dismiss.

This appeal followed.

A-0988-23 5 II.

Plaintiff argues the trial court erred when it applied a narrow interpretation

of the exceptional circumstances standard to plaintiff's case without considering

the totality of the circumstances and defendants' fault regarding the lack of

prosecution dismissal. He further asserts the trial court erred in deciding

defendants were prejudiced by his delay in moving to reinstate the claim. He

further maintains the trial court abused its discretion in failing to relax the

requirements of Rule 1:13-7 in the interest of justice.

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Dae Sun Yoon v. Fletcher & West Associates, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dae-sun-yoon-v-fletcher-west-associates-llc-njsuperctappdiv-2025.