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ZEHL v. ELIZABETH BD OF EDUC.

No. A-1296-11T3

43 A.3d 1188 (2012)

426 N.J. Super. 129

Catherine ZEHL, Plaintiff-Appellant, v. CITY OF ELIZABETH BOARD OF EDUCATION; City of Elizabeth Superintendent of Schools Pablo Muñoz (in his official capacity); The New Jersey Department of Education; The New Jersey State Board of Education; and The New Jersey State Commissioner of Education Lucille E. Davis (in her official capacity), Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 31, 2012.

Attorney(s) appearing for the Case

Stephan T. Mashel , Freehold, argued the cause for appellant (Mashel Law, LLC, attorneys; Mr. Mashel , of counsel and on the brief).

John B. McCusker , Florham Park, argued the cause for respondents (McCusker Anselmi Rosen & Carvelli, PC, attorneys; Karen A. Murray , Shrewabury, and Marvin Lehman , Elizabeth, on the brief).

Before Judges BAXTER, MAVEN and CARCHMAN.

The opinion of the court was delivered by

CARCHMAN, J.A.D. (retired and temporarily assigned on recall).

This interlocutory appeal, where we review the propriety of the appointment of a discovery master based on extraordinary circumstances under Rule 4:41-1, requires us to reconcile and harmonize two significant policies: 1) the continuing need for and use of available tools and procedures to ensure that litigation is conducted in an orderly and efficient...

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