Alice Bianco vs. Lamington Farm Club

MID-L-006708-23 11/30/2023 12:53:06 PM Pg 1 of 14 Trans ID: LCV20233503611

SMITH MULLIN, P.C.

Nancy Erika Smith, Esq. (Atty. I.D. #027231980)
240 Claremont Avenue
Montclair, New Jersey 07042
(973) 783-7607
Attorneys for Plaintiff
ALICE BIANCO, SUPERIOR COURT OF NEW JERSEY

LAW DIVISION: MIDDLESEX COUNTY
Plaintiff, DOCKET NO.:
v. Civil Action
LAMINGTON FARM CLUB d/b/a ORDER TO SHOW CAUSE SEEKING

TRUMP NATIONAL GOLF CLUB, TEMPORARY RESTRAINTS, A
PERMANENT INJUNCTION, AND
Defendant. VOIDING A FRAUDULENTLY
INDUCED SETTLEMENT
AGREEMENT
THIS MATTER being brought before the court by Smith Mullin, P.C., attorneys for
Plaintiff, Alice Bianco, seeking summary relief pursuant to N.J.S.A. 2A:23B-5 and Rule
4:67-1 voiding the Settlement Agreement signed by Plaintiff on August 11, 2021 and
awarding her attorneys’ fees based upon the facts set forth in the Verified Complaint filed
herewith and for good cause shown,
It is on this day of November, 2023,
ORDERED that defendant, Lamington Farm Club d/b/a Trump National Golf Club
(hereinafter, “Defendant”), appear and show cause before the Superior Court at the
Middlesex County Courthouse, in New Brunswick, New Jersey at __________ o’clock or as
soon thereafter as counsel can be heard, on the ____________ day of ,
2023 why an Order should not be issued temporarily and permanently enjoining Defendant
1
from taking any action to enforce any settlement with Plaintiff; enjoining Defendant from
any attempt to enforce the illegal NDA contained in that agreement; voiding the fraudulently
induced Agreement, awarding Plaintiff attorneys’ fees pursuant to N.J.S.A. 10:5-27.1; and
referring Alina Habba and the firm of Habba Madaio & Associates, LLP to the Office of
Attorney Ethics; and it is further
ORDERED that:
1. A copy of this Order to Show Cause, Verified Complaint, legal memorandum and
any supporting Affidavits or Certifications submitted in support of this application be served
upon the Defendant via Federal Express within ______ days of the date hereof, in
accordance with Rule 4:4-3 and Rule 4:4-4, this being original process;
2. The Plaintiff must file with the Court her proof of service of the pleadings on the
Defendant no later than three (3) days before the return date;
3. Defendant shall file and serve a written response to this Order to Show Cause and the
request for entry of injunctive relief and proof of service by , 2023.
The original documents must be filed with the Clerk of the Superior Court in the County
listed above. A list of these offices is provided. You must send a copy of your opposition
papers directly to Judge Lisa M. Vignuolo, whose address is Superior Court of New Jersey,
Chancery Division, Middlesex County Courthouse, Chambers 301, 56 Paterson Street, New
Brunswick, New Jersey 08903-0964. You must also send a copy of your opposition papers
to the Plaintiff’s attorney, Nancy Erika Smith, Esq., at Smith Mullin, P.C., 240 Claremont
Avenue, Montclair, NJ 07042. A telephone call will not protect your rights; you must file
your opposition and pay the required fee of $135.00 and serve your opposition on your
adversary, if you want the court to hear your opposition to the injunctive relief the plaintiff
2
is seeking.
4. The Plaintiff must file and serve any written reply to the Defendant’s Order to Show
Cause opposition by , 2023. The reply papers must be filed
with the Clerk of the Superior Court in the County listed above and a copy of the reply
papers must be sent directly to the Chambers of Judge Lisa M. Vignuolo.
5. If the Defendant does not file and serve opposition to this Order to Show Cause, the
application will be decided on the papers on the return date and relief may be granted by
default, provided that the Plaintiff files a proof of service and a proposed form of Order at
least three days prior to the return date.
6. If the Plaintiff has not already done so, a proposed form of Order addressing the
relief sought on the return date (along with a self-addressed return envelope with return
address and postage) must be submitted to the court no later than three (3) days before the
return date.
7. Defendant take notice that the Plaintiff has filed a lawsuit against you in the Superior
Court of New Jersey. The Verified Complaint attached to this Order to Show Cause states
the basis of the lawsuit. If you dispute this Complaint, you, or your attorney, must file a
written answer to the Complaint and proof of service within 35 days from the day of service
of this Order to Show Cause; not counting the day you received it.
These documents must be filed with the Clerk of the Superior Court in the County listed
above. A list of these offices is provided. Include a $135.00 filing fee payable to the
“Treasurer of the State of New Jersey.” You must also send a copy of your Answer to the
Plaintiff’s attorney, Nancy Erika Smith, Esq., at Smith Mullin, P.C., 240 Claremont Avenue,
3
Montclair, NJ 07042. A telephone call will not protect your rights; you must file and serve
your Answer (with the fee) or judgment may be entered against you by default. Please note:
Opposition to the Order to Show Cause is not an Answer and you must file both. Please
note further: if you do not file and serve an Answer within 35 days of this Order, the Court
may enter a default against you for the relief Plaintiff demands.
8. If you cannot afford an attorney, you may call the Legal Services office in the
County in which you live. A list of these offices is provided. If you do not have an attorney
and are not eligible for free legal assistance, you may obtain a referral to an attorney by
calling one of the Lawyer Referral Services. A list of these numbers is also provided.
9. The Court will entertain argument, but not testimony, on the return date of the Order
to Show Cause, unless the Court and parties are advised to the contrary no later than
days before the return date.
___________________________________
, J.S.C.
___ Opposed
Unopposed
4
SMITH MULLIN, P.C.

Nancy Erika Smith, Esq. (Atty. I.D. #027231980)
240 Claremont Avenue
Montclair, New Jersey 07042
(973) 783-7607
Attorneys for Plaintiff
ALICE BIANCO, SUPERIOR COURT OF NEW JERSEY

LAW DIVISION: MIDDLESEX COUNTY
Plaintiff, DOCKET NO.:
v. Civil Action
LAMINGTON FARM CLUB d/b/a [PROPOSED ORDER]

TRUMP NATIONAL GOLF CLUB,
Defendant.
THIS MATTER having been brought before the Court by way of Order to Show
Cause with Temporary Restraints and Verified Complaint filed by Smith Mullin, P.C.,
attorneys for Plaintiff, Alice Bianco, for entry of an Order permitting this matter to proceed
in an expedited manner and for temporary restraints, preliminary injunctive relief, and
declaratory relief, and the Court having considered the papers filed in support of Plaintiff’s
application, and any opposition filed thereto on behalf of Defendant Lamington Farm Club
d/b/a Trump National Golf Club (“Defendant” or “Trump”); and for other good cause
shown; and the reasons set forth on the record:
IT IS on this _____ day of __________________________, 2023;
ORDERED AS FOLLOWS:
1. The Agreement between the parties signed by Plaintiff on August 11, 2021 is hereby
declared void due to fraud by Alina Habba, Esq., and the firm of Habba Madaio &
1
Associates, LLP, in inducing Plaintiff to sign it. Plaintiff is not bound by the NDA or any
other terms of the Agreement.
2. Plaintiff shall file an application for attorneys’ fees pursuant to N.J.S.A. 10:5-1, et
seq.
3. The Verified Complaint in this case will be forwarded to the Office of Attorney
Ethics.
4. Counsel for Plaintiff shall serve a copy of this Order upon all counsel of record
within ____ days of its receipt from the Court.
_____________________________________
, J.S.C.
___ Opposed
___ Unopposed
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MID-L-006708-23 11/30/2023 12:53:06 PM Pg 1 of 14 Trans ID: LCV20233503611

MID-L-006708-23 11/30/2023 12:53:06 PM Pg 2 of 14 Trans ID: LCV20233503611

SMITH MULLIN, P.C.

ALICE BIANCO, SUPERIOR COURT OF NEW JERSEY

LAMINGTON FARM CLUB d/b/a ORDER TO SHOW CAUSE SEEKING

herewith and for good cause shown,

It is on this day of November, 2023,

Middlesex County Courthouse, in New Brunswick, New Jersey at __________ o’clock or as

soon thereafter as counsel can be heard, on the ____________ day of ,

Attorney Ethics; and it is further

any supporting Affidavits or Certifications submitted in support of this application be served

request for entry of injunctive relief and proof of service by , 2023.

Cause opposition by , 2023. The reply papers must be filed

papers must be sent directly to the Chambers of Judge Lisa M. Vignuolo.

least three days prior to the return date.

days before the return date.

SMITH MULLIN, P.C.

ALICE BIANCO, SUPERIOR COURT OF NEW JERSEY

LAMINGTON FARM CLUB d/b/a [PROPOSED ORDER]

shown; and the reasons set forth on the record:

IT IS on this _ day of ______________________, 2023;

other terms of the Agreement.

within ____ days of its receipt from the Court.

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