Kenneth Ellman

From Kenneth Ellman, email:ke@kennethellman.com

Kenneth Ellman wins appeal, Ronald Coleman and University Communications lose.

Copyright 2011 by Kenneth Ellman. All Rights Reserved.

This Per Curiam Appellate Court Decision dated September 19, 2011 was from the Appeal by me of a trial Court Judgment granting a motion to dismiss my case for failure to make a prima facie case. This was a jury trial of the case of University Communications and Jason Silverglate vs. Net Access Corporation and Kenneth Ellman. The debt now with expenses exceeds $350,000. Additional damages will also be sought. This matter started in Chancery Court, Morris County, during which there were extensive proceedings including a bogus document transcript that was somehow put in the Court file indicating my case was dismissed. This occurred during the transfer of the case as the Honorable Kenneth C. MacKenzie ( a first class Judge) had retired and the Honorable Catherine M. Langlois (also a fine Judge) took the bench as his replacement. When I made the motion appraising the Honorable Catherine Langlois of this fraud, she granted my motion and called the previous transcript “a nullity”. Interestingly Mr. Coleman kept referring to this bogus transcript as if it was actually a court document and he even discusses it here in JD. After Mr. Ronald Coleman stated to the Court that he no longer wanted to be Plaintiff, Judge Langlois transferred this case to the Law Division for trial on the debt owned to me and other torts.

While the “Plaintiff”  in this matter University Communications initially obtained a TRO/PI to prevent my enforcement of the Security Agreement and Auction of their assets, at trial they abandoned their case and could not go forward. They then had the cute device of simply stating they want to convert their former complaint into a reserved offset to use after my case rests. I argued that their Complaint must be dismissed with prejudice since they refused to go forward at trial. The Court then had me in effect change roles and become Plaintiff in a case initiated by Silverglate and continued by Silverglate/Coleman where they had initially obtained the TRO and then abandoned it at trial.

So I tried this case as “Plaintiff”  and when I rested, Ronald Coleman then made an incredible motion (in light of the testimony, but also normal and common) to dismiss for failure to make a prima facie case. There was utterly no basis for such a motion. The trial Judge had previously disclosed that Mr. Coleman had at a previous time been employed by his then law firm and that he did know Mr. Coleman. The Court indicated that there was no ongoing relationship and gave the impression that it could be fully impartial and sit on this case. I then (I always regret doing this) did not object to the former relationship upon the fact that the Court did not think it was significant and I would defer to the Courts Judgment. SO, Mr. Coleman remained as Counsel before his former employer with no objection from me (you can hit me on the head if you want). I always prefer to give the Court deference in these matters and I never learn. I sometimes forget what one esteemed Judge stated many years ago that “I am also a human being”. Keep in mind this was a Jury trial and the Jury would be deciding this matter. Recusal motions are also awkward and difficult.

SO with this wonderful Jury hearing my case and after I rested since the Court kept insisting I had ” made my prima facie case three times over”  and the Court was impatient and wanted to start the Coleman/University side, I did in fact rest.

Then Coleman made his motion to dismiss stating I had never moved my documents into evidence. NOW, as with the bogus transcript I wondered if I had somehow been in another place and time since I distinctly remember moving my documents into evidence and the Court in fact granting such. I also know that the Court kept stating on the record that I should curtail my examination since I had made my “prima facie case three times”. Yet the Court after this Coleman motion was made did then grant it and stated that my documents were never moved into evidence as one of the grounds for such a decision.

My case was then dismissed in what to me was a very extraordinary circumstance. The wonderful Jury was then sent home, along with me. Believing that Justice does exist (which is what keeps me loving my country), I then appealed and argued. The Honorable JOSE L. FUENTES probably one of the kindest Judges we have along with two other distinguished gentlemen heard my argument and treated me very well. The certainly appeared to have an understanding of the case at Oral Argument and most important seemed to be interested in what occurred. I left the Appellate argument believing I had a chance. I remembered a famous comment by former Supreme Court Justice David Hackett Souter in a dissent, where he said something like “we just can’t treat people this way”.

Low and behold I won a reversal on the only real issue that mattered which was the fact that the trial Court told me I have made my “prima facie case three times”  and that the trial Court had effectively deterred my further introduction of testimony/evidence. I took the trial Court, the Honorable Robert J. Brennan, at his word, I trusted the Court in many ways and was punished for it, but prevailed on Appeal.  By the way if you think having people you care about look at you as if you are a fool for losing such a case, then think again.  Some cases you do with the realization that it can  go either way. Other cases you KNOW  can legitimately go only one way, which should be your way.

SO the moral on this story is that yes, sometimes there is Justice, but it is not necessarily so easy.

In any case what choice do we have except as has been said “never give up”.

The Appellate Opinion is attached here below as a document.

This case can also be found at:

http://law.justia.com/cases/new-jersey/appellate-division-unpublished/2011/a1267-09-opn.html AND

www.leagle.com/xmlResult.aspx?xmldoc=In%20NJCO%2020110919183.xml

In my opinion this was a serious loss for the client of Mr. Ronald Coleman who had spent years litigating this matter.

I will be attaching more documents from this case for the edification of readers.

Attached here at this web site is decision on the  bogus Court Order in this matter that the wonderful Judge Catherine Langlois  had Ordered a “nullity”.

This commentary is my personal opinion only and the Appellate Decision speaks for itself.

Kenneth Ellman, email:ke@kennethellman.com, Box 18, Newton, New Jersey 07860

Phone: 9738968284, 9739486961