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570 Broad Street – Suite 1201 Newark, NJ 07102 (973) 623-3000 HUD-L-005473-12 03/28/2018 3:37:09 PM Pg 1 of 3 Trans ID: LCV2018550878 LITE DEPALMA GREENBERG, LLC Bruce D. Greenberg (N.J. Bar ID 14951982) 570 Broad Street – Suite 1201 Newark, NJ 07102 (973) 623-3000 SOUTHERN POVERTY LAW CENTER David C. Dinielli (admitted pro hac vice) Scott D. McCoy (pro hac vice) 400 Washington Ave. Montgomery, AL 36104 (334) 956-8200 CLEARY GOTTLIEB STEEN & HAMILTON LLP James L. Bromley (admitted pro hac vice) Lina Bensman (admitted pro hac vice) Thomas S. Kessler (admitted pro hac vice) One Liberty Plaza New York, NY 10006 (212) 225-2000 Attorneys for Plaintiffs Michael Ferguson, Benjamin Unger, Chaim SUPERIOR COURT OF NEW JERSEY Levin, Jo Bruck, Bella Levin, HUDSON COUNTY, LAW DIVISION Plaintiffs, Docket No. L-5473-12 v. CIVIL ACTION JONAH (Jews Offering New Alternatives for NOTICE OF PLAINTIFFS’ MOTION Healing f/k/a Jews Offering New Alternatives TO ENFORCE PERMANENT to Homosexuality), Arthur Goldberg, Alan INJUNCTION AND FOR DEFAULT Downing, Alan Downing Life Coaching LLC, JUDGMENT Defendants. To: Michael P. Laffey, Esq. Charles S. LiMandri, Esq. Messina Law Firm P.C. Paul M. Jonna, Esq. 961 Holmdel Road Teresa L. Mendoza, Esq. Holmdel, NJ 07733-2103 Jeffrey M. Trissell, Esq. Freedom of Conscience Defense Fund 16236 San Dieguito Road, Suite 3-15 Rancho Santa Fe, CA 92067 HUD-L-005473-12 03/28/2018 3:37:09 PM Pg 2 of 3 Trans ID: LCV2018550878 PLEASE TAKE NOTICE that, pursuant to R. 1:10-3, Plaintiffs Michael Ferguson, Benjamin Unger, Chaim Levin, and Jo Bruck shall apply to the Honorable Peter F. Bariso, A.J.S.C. at the Superior Court of New Jersey located at 595 Newark Avenue, Jersey City on Friday, April 27, 2018 at 9:30 a.m. for an order to enforce the Court’s December 18, 2015 Order Granting Permanent Injunctive Relief and Awarding Attorneys’ Fees (the “Permanent Injunction”), and for default judgment against JONAH, Arthur Goldberg and Elaine Berk for failure to pay the Fee Award as provided for in the Permanent Injunction. A proposed form of order accompanies this motion. In support of this motion, Plaintiffs will rely upon the Certification of Thomas S. Kessler, Esq. and the brief submitted herewith. ORAL ARGUMENT: Plaintiffs request oral argument if this matter is contested. Dated: March 28, 2018 Respectfully submitted, /s/ Bruce D. Greenberg__________________ Bruce D. Greenberg (N.J. Bar ID 14951982) LITE DEPALMA GREENBERG, LLC 570 Broad Street – Suite 1201 Newark, NJ 07102 Telephone: (973) 623-3000 Facsimile: (973) 623-0858 Attorneys for Plaintiffs David C. Dinielli (admitted pro hac vice) Scott D. McCoy (admitted pro hac vice) SOUTHERN POVERTY LAW CENTER 400 Washington Ave. Montgomery, AL 36104 Telephone: (334) 956-8200 Facsimile: (334) 956-8481 Attorneys for Plaintiffs HUD-L-005473-12 03/28/2018 3:37:09 PM Pg 3 of 3 Trans ID: LCV2018550878 James L. Bromley (admitted pro hac vice) Lina Bensman (admitted pro hac vice) Thomas S. Kessler (admitted pro hac vice) CLEARY GOTTLIEB STEEN & HAMILTON LLP One Liberty Plaza New York, NY 10006 Telephone: (212) 225-2000 Facsimile: (212) 225-3999 Attorneys for Plaintiffs HUD-L-005473-12 03/28/2018 3:37:09 PM Pg 1 of 4 Trans ID: LCV2018550878 LITE DEPALMA GREENBERG, LLC Bruce D. Greenberg (N.J. Bar ID 14951982) 570 Broad Street – Suite 1201 Newark, NJ 07102 (973) 623-3000 SOUTHERN POVERTY LAW CENTER David C. Dinielli (pro hac vice pending) Scott D. McCoy (pro hac vice pending) 400 Washington Ave. Montgomery, AL 36104 (334) 956-8200 CLEARY GOTTLIEB STEEN & HAMILTON LLP James L. Bromley (pro hac vice pending) Lina Bensman (pro hac vice pending) Thomas S. Kessler (pro hac vice pending) One Liberty Plaza New York, NY 10006 (212) 225-2000 Attorneys for Plaintiffs Michael Ferguson, Benjamin Unger, Chaim SUPERIOR COURT OF NEW JERSEY Levin, Jo Bruck, Bella Levin, HUDSON COUNTY, LAW DIVISION Plaintiffs, Docket No: L-5473-12 v. CIVIL ACTION ORDER GRANTING MOTION JONAH (Jews Offering New Alternatives TO ENFORCE PERMANENT for Healing f/k/a Jews Offering New INJUNCTION AND FOR Alternatives to Homosexuality), Arthur DEFAULT JUDGMENT Goldberg, Alan Downing, Alan Downing Life Coaching LLC, Defendants. HUD-L-005473-12 03/28/2018 3:37:09 PM Pg 2 of 4 Trans ID: LCV2018550878 THIS MATTER having been opened to the Court by Bruce D. Greenberg, Esq., of Lite DePalma Greenberg, LLC, attorneys for Plaintiffs Michael Ferguson, Benjamin Unger, Chaim Levin and Jo Bruck on motion (the “Motion”)1 returnable April 27, 2018, seeking (i) enforcement of the Court’s December 18, 2015 Order Granting Permanent Injunctive Relief and Awarding Attorneys’ Fees (the “Permanent Injunction”) and (ii) default judgment against JONAH, Arthur Goldberg and Elaine Berk for failure to pay the Fee Award as provided for in the Permanent Injunction, and for good cause shown IT IS on this ___ day of _________, 2018, hereby FOUND AND DETERMINED that: 1. JONAH, Arthur Goldberg and Elaine Berk have violated the Permanent Injunction by failing to “permanently cease any and all operations” of JONAH as required by Paragraph 1 of the Permanent Injunction, including through the founding and operation of the Jewish Institute for Global Awareness or “JIFGA”; 2. JONAH, Arthur Goldberg and Elaine Berk have violated the Permanent Injunction by engaging in Conversion Therapy and promoting Conversion Therapy-related commerce; 3. The Permanent Injunction violations committed by JONAH, Arthur Goldberg and Elaine Berk were willful such that it is proper to award to Plaintiffs their fees and costs incurred in bringing the Motion; and 1 Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Motion. 2 HUD-L-005473-12 03/28/2018 3:37:09 PM Pg 3 of 4 Trans ID: LCV2018550878 4. JONAH, Arthur Goldberg and Elaine Berk have breached their obligations under the parties’ December 17, 2015 settlement agreement (the “Settlement Agreement”), which breaches cannot be cured. Therefore, it is hereby ORDERED that: 1. The Motion is GRANTED as set forth herein. 2. JIFGA, as a successor to JONAH, shall be subject to the Permanent Injunction in all respects, including with respect to all provisions applicable to JONAH, and the Permanent Injunction’s definition of “Defendants” shall be deemed amended to include JIFGA; 3. Pursuant to Paragraph 1 of the Permanent Injunction, JIFGA shall permanently cease any and all operations within thirty (30) days of the entry of this Order, including operation of its websites, which it shall cause to be taken offline; 4. Pursuant to Paragraph 2 of the Permanent Injunction, JIFGA shall permanently dissolve as a corporate entity and liquidate all its assets, tangible or intangible, within one hundred eighty (180) days of the entry of this Order; 5. Pursuant to Paragraph 6 of the Settlement Agreement, Defendants shall, within thirty (30) days of the entry of this Order, pay to Plaintiffs the Defendants’ Breach Damages (as defined in Paragraph 6(b) of the Settlement Agreement), provided, however, that Ms. Berk’s liability for the Defendants’ Breach Damages shall be limited to the Berk Breach Damages (as defined in Paragraph 6(c) of the Settlement Agreement); 6. Plaintiffs shall, within ___ days of the entry of this Order, submit a certification documenting their fees and costs incurred in bringing the Motion. Defendants shall, 3 HUD-L-005473-12 03/28/2018 3:37:09 PM Pg 4 of 4 Trans ID: LCV2018550878 not later than thirty (30) days after receipt of Plaintiffs’ certification, reimburse Plaintiffs for such fees and costs; 7. The Permanent Injunction, as clarified and supplemented by this Order, shall continue in full force and effect on the terms set forth therein; and 8. This Court shall retain jurisdiction with respect to all matters relating to or arising from the interpretation, implementation or enforcement of this Order. __________________________________________ Honorable Peter F. Bariso, Jr., A.J.S.C. ___ opposed ___ unopposed 4 HUD-L-005473-12 03/28/2018 3:37:09 PM Pg 1 of 4 Trans ID: LCV2018550878 LITE DEPALMA GREENBERG, LLC Bruce D. Greenberg (N.J. Bar ID 14951982) 570 Broad Street – Suite 1201 Newark, NJ 07102 (973) 623-3000 SOUTHERN POVERTY LAW CENTER David C. Dinielli (admitted pro hac vice) Scott D. McCoy (admitted pro hac vice) 400 Washington Ave. Montgomery, AL 36104 (334) 956-8200 CLEARY GOTTLIEB STEEN & HAMILTON LLP James L. Bromley (admitted pro hac vice) Lina Bensman (admitted pro hac vice) Thomas S. Kessler (admitted pro hac vice) One Liberty Plaza New York, NY 10006 (212) 225-2000 Attorneys for Plaintiffs Michael Ferguson, Benjamin Unger, Chaim SUPERIOR COURT OF NEW JERSEY Levin, Jo Bruck, Bella Levin, HUDSON COUNTY, LAW DIVISION Plaintiffs, Docket No. L-5473-12 IL ACTION v. CIV JONAH (Jews Offering New Alternatives for CERTIFICATION OF THOMAS S. Healing f/k/a Jews Offering New Alternatives KESSLER, ESQ. IN SUPPORT OF to Homosexuality), Arthur Goldberg and MOTION TO ENFORCE Elaine Berk. PERMANENT INJUNCTION AND FOR DEFAULT JUDGMENT Defendants. HUD-L-005473-12 03/28/2018 3:37:09 PM Pg 2 of 4 Trans ID: LCV2018550878 I, Thomas S. Kessler, hereby certify as follows: 1. I am an associate at the law firm Cleary Gottlieb Steen & Hamilton LLP, co-counsel for Plaintiffs Michael Ferguson, Benjamin Unger, Chaim Levin, and Jo Bruck in this action. By order of this Court, I have been admitted pro hac vice as one of the counsel of record for Plaintiffs in this case. I am familiar with the facts and circumstances of this matter.1 2. A true and complete copy of Plaintiffs’ Complaint, dated November 27, 2012, is attached as Exhibit 1. 3. A true and complete copy of the Court’s Order Granting Permanent Injunctive Relief and Awarding Attorneys’ Fees (the “Permanent Injunction”), dated December 18, 2015, is attached as Exhibit 2.
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