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Nancy Pincus 36 Willow Terrace

Hoboken, NJ

Email: pincus.prose@gmail.com

Pro Se Litigant

September 16, 2014

Honorable Mary K. Costello, J.S.C.

Superior Court of the State of New Jersey

Law Division

Administration Building

595 Newark Avenue

Jersey City, New Jersey

RE: Lane Bajardi, et al v. Nancy Pincus, et al

Docket No. L-3723-12

Your Honor:

Please accept this letter brief in lieu of a more formal letter brief as provided by Court

Rules, in support of my Motion to Grant Permission to Subpoena Dave Unger, James Barracato

and Ray Smith for 60,000 Emails on Disk Between HMHA/Mayor Zimmer and the Buyer of

Hoboken University Medical Center.

PRELIMINARY STATEMENT

This request is pursuant to newly-discovered emails in Plaintiffs late document dump

of 49,081 responsive emails on May 16 and July 1, 2014. 1 With a trial date pending on

September 22, Defendants have uncovered evidence showing the theft of 60,000 emails

between Hoboken Mayor Dawn Zimmer and the buyer of the Hoboken University Medical

Center- during the hospital sale, while negotiations were ongoing between the Mayor, the

Hoboken Municipal Hospital Authority [HMHA] and the prospective buyer, Holdco. These

emails were not available by OPRA and apparently were obtained by Hoboken Councilwoman

1 Discovery ended on April 25, 2014.

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Beth Mason, a staunch opponent of the hospital sale, through her longtime political operative,

James Barracato. On October 9, 2011 at 11:48 AM, Barracato emails Sara Stojkovic [who then

forwards the email to Ms. Cardinal Bajardi]:

I am getting the 60,000 emails that HMHA/Zimmer exchanged with the buyer during

the sale process. You will not believe some of the shit in them.

On October 30, 2011 at 10:17 AM, Ms. Stojkovic emails Ms. Cardinal Bajardi:

And Jame's lunch with Ray Smith at the Malibu where he turned over the 60,000 emails

on disk, obviously produced NOTHING. Again.

Hoboken Mayor Dawn Zimmer has provided a certification that the 60,000 emails that

HMHA/Zimmer exchanged with the buyer during the sale process could not have been obtained

through OPRA request during the hospital sale [Exhibit A]. The hospital sale closed on

November 4, 2011 [Exhibit B].

It is crucial that Defendants obtain the actual 60,000 emails that James Barracato

handed over to reporter Ray Smith at the Malibu Diner2. A true and correct copy of the disk will

show: (1) Mayor Zimmers political enemies traffic in her email, (2) the proximity of Lane

Bajardi to the epicenter of the Mayors email theft by Patrick Ricciardi, (3) Lane Bajardis

connection to the trafficked emails as either conspirator or a witness3 and (4) Councilwoman

Beth Masons role in getting the 60,000 emails. These proofs are crucial to my defense

because Plaintiff Lane Bajardi alleges:

that Defendant Pincus made no effort to investigate 1) whether Plaintiff was a

person of interest to the FBI; 2) whether Plaintiff handled leaked emails or other

materials from Hoboken City Hall or whether he was part of a conspiracy; 3) whether

2 The Malibu Diner is where former Mayor Peter Cammarano was caught on F.B.I. surveillance tape selling

zoning variances to F.B.I. informant Solomon Dwek in June 2009. Mayor Cammarano was arrested on

July 23, 2009 the night after his supporter, Plaintiff Lane Bajardi, vigorously defended Cammaranos right

to keep zoning board appointment power in a memorable speech at Hoboken City Council. 3 Neither Lane Bajardi nor his wife nor Sara Stojkovic reported the James Barracato trafficking of the City

Halls hospital sale emails with the hospital buyer, maintaining a conspiracy of silence.

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he was questioned by the FBI; 4) whether Plaintiff was part of a criminal conspiracy

to steal the mayor of Hobokens email.4

ACQUISITION OF 60,000 EMAILS ON DISK SHOWS THIS LAWSUIT WAS FILED

FOR IMPROPER PURPOSES AND LANE BAJARDI IS A POLITICAL OPERATIVE

AT THE NEXUS OF HOBOKEN CORRUPTION

The context of this discovery request- and this lawsuit- is Councilwoman Beth

Masons tireless efforts to obtain Mayor Zimmers email communications. Mason and her

operatives [the Bajardis] believe that the Mayor and her staff direct content on Defendants

blogs, Mile Square View and Grafix Avenger. Plaintiff Kim Cardinal Bajardi stated at her

September 12 deposition5 that she believed the Mayors Office emailed blog content to

Defendants Brice and myself. Plaintiffs conspiracy theories are unsupported by fact.

Defendants can support opinions that Lane Bajardi is a political operative, is connected to the

Mayors email theft conspiracy, and this lawsuit is frivolous. On September 25, 2012, my

attorney Mike Plumb, wrote in his frivolous litigation letter: [Exhibit C]

4 The Honorable Christine Vaneks Findings of Fact and Conclusions of Law, Defendant Pincus Motion

for Summary Judgment, decided on September 5, 2014. 5 Transcript not yet available.

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Plaintiffs attorney Mr. Cohen, called me a loon at my September 13 deposition for

stating the same series of facts as Mr. Plumb did; facts which are the basis for opinions which

Plaintiff Lane Bajardi claims defame him. Councilwoman Masons May 18, 2011 City

Council resolution sought the emails between bloggers [Roman Brice and myself] and the

Mayors top aides, Juan Melli and Dan Bryan. [Exhibit D] On September 12, 2014 Mrs.

Bajardi testified that [she believes] I exchange email with the Mayors Office Juan Melli,

Dan Bryan, Mayor Zimmer, Ian Sacs [former Director of Parking and Transportation] and

Stan Grossbard [the Mayors husband].

Excerpt- May 18, 2011 Hoboken City Council Resolution sponsored by City Council President

Beth Mason and Michael Russo. Defendants Roman Brice and Nancy Pincus were near the top of

the list of twelve- [Refer to Exhibit D]

The Bajardis conspiracy theories about Mayor Zimmer scheming with bloggers

dovetails with the efforts of Councilwoman Beth Mason to obtain the Mayors emails by City

Council resolution, and later by scorched-earth discovery in this SLAPP suit-- fronted by her

two most loyal, longtime operatives Lane and Kim Cardinal Bajardi. Beth Masons email

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jihad on bloggers was widely publicized in the in Hobokens local press. On May 16, 2011,

The Hoboken Reporter wrote an article, Council prez Mason wants emails from mayor's

office: [Exhibit E]

HOBOKEN - Council President Beth Mason has re-introduced legislation requesting

copies of emails from City Communications Director Juan Melli and Mayor Dawn

Zimmer's Confidential Aide Dan Bryan sent to and from the local media and bloggers.

Her intent is to see if the mayor's communications staffers have been sending out

political information on taxpayer timeThe resolution states that "the Council finds

that the city's public communications, including the City's website, have become

highly politicized and therefore constitute an inappropriate and wasteful use of

taxpayer funds."

ACQUISITION OF THE MAYORS 60,000 EMAILS ON DISK WILL

DEMONSTRATE PLAINTIFF LANE BAJARDI CANNOT SHOW ACTUAL MALICE

On September 5, 2014, the Honorable Christine Vanek granted Summary judgment

on sixteen of my allegations, leaving three: Para 84, 87 and 103. Plaintiff Kim Cardinal

Bajardis allegations were completely removed from the Complaint. Plaintiff Lane Bajardi

was found to be a limited-purpose public figure:

It is with this high regard for the value of free speech in public discourse that the

Court finds the Plaintiff Lane Bajardi to be a limited public figure, and the issue at

hand to be a matter of public concern, such that Plaintiff must prove by clear and

convincing evidence that Defendants made the alleged defamatory comments with

actual malice. Durando v. Nutley Sun, 209 N.J. 235, 250 (2012). By 26 actual malice, the Court means that it must be proven that the Defendants knew that their

statements were false or acted recklessly with regard to whether they were

false

At my September 13, 2014 deposition, I testified to facts which supported my opinions of

Para 84, 87 and 103 that Lane Bajardi, a limited purpose public figure, allege defame him.

Clearly, Mr. Bajardi cannot meet the actual malice standard of defamation. The acquisition of

the 60,000 emails via subpoena is critical to prove beyond all doubt that the Mayors emails

during the hospital sale were being trafficked by Beth Masons political operative, James

Barracato and the Plaintiffs were involved or at least knew of the theft. Not only did Plaintiffs

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fail to report the crime, they proceeded to file this frivolous complaint, alleging they are

defamed by their association with City Hall email trafficking.

Truth is the best defense. I hope the Court will grant permission to subpoena for the

60,000 emails to prove the Mayors emails were compromised during the sale of the Citys

public hospital to a private buyer. The disk will show Plaintiffs friends, Mason operative

James Barracato, Sara Stojkovic, and the Bajardis either participated in or were in the loop on

trafficking in the Mayors email.

RELIEF REQUESTED

I respectfully ask the Court to permit me to subpoena the following persons for a true

and correct copy of the disk containing 60,000 emails that HMHA/Zimmer exchanged with the

buyer during the sale process which James Barracato gave to reporter Ray Smith at the Malibu

Diner in October 2011:

1. Dave Unger, Co-publisher of The Hoboken Reporter

2. James Barracato, political operative employed by Councilwoman Beth Mason

3. Ray Smith, former reporter with The Hoboken Reporter

Dated: September 16, 2014 By: Nancy Pincus Nancy Pincus,

Pro se Litigant

36 Willow Terrace Hoboken, NJ

Email: pincus.prose@gmail.com

Cc: Kerry Flowers, Esq, Alex Booth, Esq. Jonathan Z. Cohen, Esq

mailto:pincus.prose@gmail.com