Settlement Agreement (20230110-1.txt)
Please accept this as my request for government records under both OPRA and the common law right of access. Thank you very much for your commitment to transparent government.
RECORDS REQUESTED:
Settlement Agreement or Release that resolved Estate of Matias Ortega et al v. Borough of Raritan, Docket No. SOM-L-775-20.
Hello Mr. Paff,
I received your request and forwarded it on to our attorney(s) to fulfill. The agreement or release you requested is not currently in my possession.
Hello,
In response to your recent OPRA request, in our records as OPRA
2023-OP004, please be advised that no such responsive documents are
presently in the possession of the records custodian.
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Eric M. Colvin
Borough Administrator/Clerk
BOROUGH OF RARITAN
22 First Street • Raritan, NJ 08869
(908) 231-1300 ext. 111
[1]www.raritanboro.org
References
Visible links
1. http://www.raritanboro.org/
Dear Mr. Colvin:
I am confused by your January 16, 2023 response to my OPRA request. Please accept this as my supplemental request under both OPRA and the common law right of access.
BACKGROUND:
The case of Matias Ortega et al v. Borough of Raritan arises out the tragic death of one-year-old Matias Ortega who was struck by an impaired driver on July 7, 2018. Also injured was Matias' five year old brother Daniel and his mother Domitila. The Borough was sued because the family claimed that police knew or should have known that the driver was under the influence of drugs and likely to continue driving under the influence. At the time of the accident, the matter received considerable media attention and remains a matter of significant public interest.
In a December 5, 2022 Order, Judge Robert A. Ballard, Jr. noted that the case had been settled during a conference. Then, on January 24, 2023, after a "friendly hearing," Judge Ballard awarded Daniel $100,000 as his part of the settlement. My January 10, 2023 requested the settlement that Judge Ballard referenced in his December 5, 2022 Order which would presumbly include Daniel's $100,000 settlement together with the settlement of Matias' estate, Domitila and Lorenzo, the father.
In your January 16, 2023 response, you stated that "please be advised that no such responsive documents are presently IN THE POSSESSION OF THE RECORDS CUSTODIAN. Emphasis supplied. The way in which your response is worded leaves open the possibility that the settlement agreement exists, but is in the hands of the Borough's lawyer, insurance company or other third party. As you may be aware, the Appellate Division, in Burnett v. Gloucester, 415 N.J.Super. 506 (App. Div. 2010), held that a records custodian is required to ask its lawyers and insurance carriers for settlements because if the court was "to conclude otherwise, a governmental agency seeking to protect its records from scrutiny could simply delegate their creation to third parties or relinquish possession to such parties, thereby thwarting the policy of transparency that underlies OPRA." Ibid at 517.
I am again requesting the same release or settlement agreement requested on January 10, 2023. In your response, please set forth the scope of your search for the requested documents if you assert that they are not available.
RECORDS REQUESTED:
Settlement Agreement or Release that resolved Estate of Matias Ortega et al v. Borough of Raritan, Docket No. SOM-L-775-20.
Very truly yours,
John Paff
Hello Mr. Paff,
I apologize if my response did not accurately represent what I meant to communicate. I did check with our insurance company and attorneys, and they advised that the settlement agreement was not yet executed by all parties and therefore was not in their possession.
I follow up again with both the insurance company and our attorneys on Monday to get a sense of when they expect to receive the document(s) you requested.
If you would like to discuss, I can be reached at 908-231-1300 ext.111. I apologize again for any confusion.
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E. Colvin
Borough Administrator/Clerk
908-231-1300 ext 111
Mr. Colvin:
Thank you very much for your help with this matter. I look forward to hearing from you.
John Paff
Hello Mr. Paff,
I am awaiting a response from our attorney. I reached out to him Monday and again this afternoon. I expect to hear something by the end of the week.
Hello Mr. Paff,
Attached, please find the settlement and release you requested. Thank you for your patience while I awaited the documents from our attorneys.
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E. Colvin
Borough Administrator/Clerk
908-231-1300 ext. 111