Eric Johnson, et al. v. David Mazie, Esq., et al.

District Court, D. New Jersey·Decided June 30, 2026·No. 1:23-cv-03420·Unknown

Opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CAMDEN VICINAGE HONORABLE KAREN M, WILLIAMS ERIC JOHNSON, ef al, Civil Action Plaintiffs, No, 23-3420 (MW) (MIS) Vv. DAVID MAZIE, ESQ,, et al., OPINION Defendants.

WILLIAMS, District Judge: THIS MATTER comes before the Court on Plaintiffs’ appeal (Dkt. No. 83) from the November 18, 2025 Order (Dkt. No. 81) of the Honorable Matthew J. Skahill, U.S.M.J., denying Plaintiffs’ request for supplemental discovery. The discovery dispute arises in the context of proceedings on remand from the United States Court of Appeals for the Third Circuit. The remaining issues on remand include, among other things, Defendants’ pending motion for sanctions under Federal Rule of Civil Procedure 11 and Plaintiffs’ motion for sanctions under NJS.A. 2A:53A-41(f). See Johnson v. Mazie, 144 F.Ath 146, 153-54 (3d Cir. 2025). Plaintiffs contend that Judge Skahill erred by declining to compel Defendants to produce additional materials concerning Defendants’ common-benefit fee award in the underlying Benicar multidistrict litigation. Plaintiffs principally argue that this Court had already determined, during an August 27, 2025 status conference, that Plaintiffs were entitled to the requested materials, and that Judge Skahill’s ruling therefore improperly denied discovery this Court had previously authorized. Defendants oppose the appeal and maintain that Judge Skahill correctly denied the request because the discovery sought relates to Defendants’ Rule 11 motion and Plaintiffs failed

to demonstrate the extraordinary circumstances required to obtain discovery in connection with Rule 11 proceedings. (See generally Defs.’ Opp. Br., Dkt. No. 86.) For the reasons that follow, the Court will affirm Judge Skahill’s November 18, 2025 Order. As explained below, the August 27, 2025 proceedings did not result in an order compelling production of the underlying fee submissions that Plaintiffs now seek. Rather, this Court ordered production of the common-benefit opinion and order of the Honorable Robert J. Kugler, U.S.D.J., and expressly contemplated that Plaintiffs could thereafter apply for additional discovery if they believed further materials were necessary. Plaintiffs made that application, and Judge Skahill denied it after applying the legal standard governing discovery sought in connection with Rule 11 sanctions proceedings, The question presently before this Court is not whether the undersigned might have resolved the discovery dispute differently in the first instance. It is whether Indge Skahill’s ruling was clearly erroneous or contrary to law, Because Plaintiffs have not made that showing, Plaintiffs’ appeal will be denied. L BACKGROUND AND PROCEDURAL HISTROY a. The Underlying Fee Disputes The parties’ dispute arises from the settlement of the Benicar multidistrict litigation, which involved product-liability claims concerning the blood-pressure medication Olmesartan. See Johnson, 144 F.4th at 149. In that litigation, Defendant Adam Slater served as co-lead counsel, and his law firm, Defendant Mazie Slater Katz & Freeman LLC, represented more than 200 plaintiffs. fd. The Benicar litigation ultimately settled for more than $300 million. Jd. Defendants collected contingent fees from their clients pursuant to retainer agreements and also received compensation and reimbursement of expenses from the settlement’s common-benefit fund. fd.

After the Benicar litigation concluded, a former client, Anthony Martino, filed a putative class action in New Jersey state court against Defendants, alleging that Defendants’ receipt of common-benefit compensation, in addition to contingent fees, violated New Jersey court rules and constituted improper “double dipping.” /d. Defendants removed that action to this District, and Judge Kugler dismissed the complaint. Martino v. Mazie, No. 21-20056, 2022 WL 1443689, at *§—9 (D.N.J. May 6, 2022). The Third Circuit affirmed in a nonprecedential opinion, holding that the plaintiffs had tailed to identify authority requiring court-ordered common-benefit awards to be credited to individual clients and explaining that a court-managed common-benefit fund is distinct from an attorney-client retainer agreement. Martino v. Mazie, No. 22-2019, 2023 WL 1990306, at (3d Cir. Feb. 14, 2023). Plaintiffs in this action are different former Benicar clients represented by Defendants. See Johnson, 144 F Ath at 152. They filed this case in New Jersey state court, again challenging Defendants’ receipt of common-benefit compensation in addition to contingent fees. Id.

Defendants removed the action to this Court. Jd. at 150. Plaintiffs moved to remand, and Defendants moved for judgment on the pleadings. f¢. Defendants also filed a motion for Rule 11 sanctions, contending that Plaintiffs and their counsel pursued frivolous claims and legal contentions despite the prior Martino rulings. (See Dkt. No. 37.) Plaintiffs separately moved for sanctions against Defendants, asserting that . Defendants violated N.J.S.A. 2A:53A-41(f) by threatening sanctions against Plaintiffs’ affidavit-of-merit affiant, (See Dkt, No, 29.) Judge Kugler denied Plaintiffs’ motion to remand. Johnson v. Mazie, No. 23-3420, 2024 WL 1298901, at *6 (D.N.J. Mar, 27, 2024). He later granted Defendants’ motion for judgment on the pleadings and dismissed the action. Johnson v. Mazie, No, 23-3420, 2024 WL 2022719, at *3

(D.NJ. May 7, 2024), In light of that dismissal, Judge Kugler denied both sanctions motions as moot. Johnson, 144 F.4th at 150. Plaintiffs appealed, and Defendants cross-appealed. /d. The Third Circuit held that ancillary enforcement jurisdiction did not supply original jurisdiction sufficient to permit removal under 28 U.S.C. § 1441 (a). fd. at 151-52. The Third Circuit therefore vacated Judge Kugler’s orders and remanded for further proceedings. /d, at 153. The Third Circuit also explained that, because Judge Kugler denied the sanctions motions as moot following dismissal, the sanctions issues remained for the District Court to address on remand, /d. at 154. b. The August 27, 2025 Status Conference Following remand and reassignment of this matter to the undersigned, the Court convened a status conference on August 27, 2025 to determine how the case should proceed, (Slater Cert., Ex, A, Aug, 27, 2025 'Tr., Dkt. No. 86-1.) At the outset of that conference, the Court identified the issues remaining on remand as including supplemental briefing on jurisdiction and “perhaps supplemental briefing on the motions for sanctions on Rule 11.” Ud. at 5:1-8.) The Court then invited counsel to address whether those issues required further briefing or discovery. (/d, at □□□□ 14.) Plaintiffs’ counsel represented that no discovery was needed on the jurisdictional issue, but that limited discovery was needed in connection with Defendants’ Rule 11 motion. Ud. at 5:20— 6:18.) Plaintiffs’ counsel explained that he sought to establish a record concerning the “application for the common fund award and the amount of the common fund award,” including “the application of the Mazie Slater firm or any supplemental or supporting papers to get that fee award.” Ud. at 5:22-6:7.) Plaintiffs’ counsel further stated that this information was necessary to argue that work performed to obtain the common-benefit award “overlapped and was identical to

work that needed to be done for individual clients,” thereby supporting Plaintiffs’ theory that Defendants received an improper double recovery. (id. at 6:8-16.) Counsel summarized his position by stating that “the only [issue] that needs very limited discovery is the Mazie Slater application for Rule il fees, both against my firm and against Mr. Borteck.” Ud.

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Eric Johnson, et al. v. David Mazie, Esq., et al., (D.N.J. 2026).

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