FILED Eric Dixon, Esq. (Atty ID 001771996) SEP 15 2017 PO Box 7748 North Bergen NI 07047 PETER F. BARISO, JP. A¥S.C. Ph, 917-696-2442 x SUPERIOR COURT OF NEW JERSEY PATRICIA WAITERS, LAW DIVISION Plaintiff, HUDSON COUNT’ ve DOCKETNO: L°3S/7-/7 ANTHONY ROMANO as candidate for IVIL ACTION s Mayor of the City of Hoboken and Onc? x7 FE Freeholder, District 5, Hudson County, ORDER TO SHOW. SE ~ JAMES FARINA in his capacity as Clerk © WITH TEMPORARY INJUNCTIVE of the City of Hoboken, and BARBARA. RESTRAINTS PURSUANT TO RULES NETCHERT in her capacity as Clerk of 4:52 AND 4:67-1 Hudson County, Defendants THIS MATTER being brought before the Court by PATRICIA WAITERS, Plaintiff. seeking relief by way of temporary injunctive restraints pursuant to R. 4:52 and R. 4:67- 1a) governing summary actions (and this action is permitted to proceed in a summary manner under N.J. Rev. Stat. 19:13-12) and based upon the facts set forth in the verified complaint filed herewith; and it appearing that the immediate and irreparable damage will probably result before notice can be given anda hearing held, and-fer-geod-cause-ehown. ITIS on this Ley of, =, 2017, ORDERED that Defendants ANTHONY ROMANO as te for Mayor of the City of Hoboken and Frecholder, District 5, Hudson County, JAMES FARINA ‘n his capacity as Clerk of the City of Hoboken, and BARBARA NETCHERT in her capacity as Oterk of Hudson County., appear and show cause on the day of. 2017 before the Superior Court, Law Division, Hudson County, at the Hudson County Courthouse, 583 Newark Avenue, Jersey City NJ at o'clock ___n. of as soon thereafter as counsel can be heard, why an order should not be issued prelimifarily ORDERING: A. Defendant Anthony Romano, ascandidate for Mayor of the City of Hoboken. and Freeholder, District 5, Hudson Cousity, stricken and removed as a candidate for Mayor of Hoboken from the ballot fof the general election scheduled for November 7, 2017; B. Defendant James Farina, a defendant only in his capacity as Clerk of the City of Hoboken, to cease, desist and refrain from certifying a list of candidates for Mayor of Hoboken in the generaf election scheduled for November 7, 2017 containing the name ofAnthony Romano as a candidate for Mayor of Hoboken thereon, or transmitting said list to the Hudson County Board of Elections; and C, Defendant Barbara Netchert, a defendant only in her capacityfas Clerk of Hudson County, to cease, desist and retain from accepting any said lis¢ of candidates containing the name of Anthony Romano as. candidate thereon, or peraring or printing or distributing any general election ballots upon which the name Afthony Romano appears or is listed as a candidate for Mayor of Hoboken in that i scheduled for November 7, 2017; D. Maintaining jurisdiction over this action until Defendant(s) comply with every order of this Court; E, Awarding to Plaintiffs) all reasonable attorgy’s fees and costs incurred in this action; F. Granting to Plaintiff(s) all other relief. Court, And it is further ORDERED that : 2. A copy of this order to show cat supporting certifications and verifjéations submitted in support ofthis application, all of which shall be certified thereon py Plaintiff's attomey to be true copies, shall be served upon ANTHONY ROMANO, AMES FARINA in his capacity as Clerk of the City of Hoboken, and BARBARA NETCHERT in her capacity as Clerk of Hudson County, by registered, priority or certi i¢d United States mail, within __days of the date hereof, in accordance with R. 4:4-3 and R. 4:4-4, this order to show cause being original process. 7 3. Plaintiff shall file with the deputy clerk ofthe Superior Court, Law Division, Hudson County a proof of seryice of the pleadings and documents referenced in paragraph 2 above served on ANTHONY ROMANO, JAMES FARINA in his capacity as Clerk of the City of Hoboken, and BARBARA NETCHERT in her capacity as Clerk of Hudson County, no Later than three (3) days before the date this matter is scheduled to be heard (ihe retun date). 4. To each, of: ANTHONY ROMANO, JAM38 FARINA in his capacity as Clerk of the City of Hoboken, and BARBARA NETCHERT in her capacity as Clerk of Hudson County; Each take notice that the plaintiff has filed a lawsuit against you in the Superior can sf New Jersey. The verified complaint attached to this order to show cause states is of the lawsuit. Ifyou dispute this complaint, you or your attomey shall file with the Superior Court,Law Division, Hudson County and serve upon the attorney for the plaintiff at the address set forth above, a written answer, an answering affidavit, a motion returnable on the date this matter is scheduled to be heard, or other response to this order to show cause and to the relief requested in the verified complaint by 2017, or within days from the date of service of this order to show cause, not ‘counting the day you received it. The original documents must be filed with the deputy clerk of the Superior Court, Law Division, Hudson County, 595 Newark Avenue, New Jersey 07306. See R. {15-600}, You shal also file with such deruty clerk ofthe Supesior Court, Law sion, Hudson County by the foregoing date a proof of service upon the plaintiff. See :5-3. A copy of such response shall also te sent directly to the chambers of Judge at the following address: 6. Each of ANTHONY ROMANO, JAMES 2ARINA in his capacity az Clerk of the City of Hoboken, and BARBARA NETCHERT inher capacity as Clerk of Hudson County, are hereby advised that a telephone call to the Plaintiff, to the Plaintiffs attomey, or to the Court will not protect your rights; you must file and serve your answer, answering affidavit, motion or other response with the fi'ing fee required by statute @ ). The check or money order for the filing fee shall be made payable to the “Treasurer, State of New Jersey”. R. 1:13+10; Ifyou cannot afford an attomey, you may call the Legal Services office in the county in which you live. A list of these offices is y provided. If you do not have an attorney or you are not eligible for freé legal assistance through the Legal Services office (or such office does not provide services for this type of proceeding), you may obtain a referral to an attomey by calling one of the Lawyer Referral Services. list of these office numbers is also provided. 7. Plaintiff must file and serve any written realy to any response from the Defendant(s) by 20__~. The reply papers together with a proof of service must be filed with the deputy clerk of the Superior Court, Law Division, Hudson County, and a copy of the reply papers must be sent directly :o the chambers of Judge 8. If ANTHONY ROMANO, JAMES FARINA in his capacity as Clerk of the City of Hoboken, and BARBARA NETCHERT in her capacity as Clerk of Hudson County do not timely file and serve a response to this order to show cause as provided for above, the application may be decided by the Court on or after the date the matter is scheduled to be heard (the return date), and may be decided on the papers without a hearing (relief may be granted by default), provided that the plaintf files a proof of service and a proposed form of order at least three (3) days be prior to the return date, as required by paragraphs 3 and 10’ ‘of this order to show cause. 8. Any Defendant who fails to timely file and serve a response in the manner provided. in Paragraph 3 of this order to show cause shall be deemed in default, the matter may nes ‘to judgment without any further notice to or participation by such defendant, and ‘the judgment shall be binding upon the defendant,9. If ANTHONY ROMANO, JAMES FARINA in His capacity as Clerk of the City of Hoboken, and BARBARA NETCHERT in ber capacity as Clerk of Hudson County, file a timely response as provided for above, the Cofirt may entertain argument on the date this matter is scheduled to be heard. 10. If Plaintiffs have not already done s6, Plaintiffs shall submit to the Court an original and two copies of a proposed form, of order addressing the relief sought on the date this matter is scheduled to be heard (along with a self-addressed return envelope with retum_ address and postage) no later than three (3) days before the date this matter is scheduled to be heard. 11, The Court will enterfain argument, but nct testimony, on the return date of this order to show cause, unless‘the Court and parties are advised to the contrary.no later than the retum date. graf Cr “PETER F. BARISO, JR., AU.S.C. ae obaerk. Che ftcne La atyt 45, Lol 7