Eugene Martin LaVergne,

Democratic-Republican for United States Senate, Plaintiff, vs.

Superior Court of New Jersey Law Division Civil Part Mercer County Docket No. MER-1933-13

Steven M. Lonegan, Candidate for United States Senate; Chris Christie, New Jersey Governor; Kimberly Guadagno, New Jersey Lt. Governor / Secretary of State; Edward P. McGettigan, Atlantic County Clerk; John S. Hogan, Bergen County Clerk; Timothy D. Tyler, Burlington County Clerk; Joseph Ripa, Camden County Clerk; Rita Marie Fulginiti, Cape May County Clerk; Gloria Noti, Cumberland County Clerk; Christopher J. Durkin, Essex County Clerk; James N. Hogan, Gloucester County Clerk; Barbara A. Netchert, Hudson County Clerk; Mary H. Melfi, Hunterdon County Clerk; Paula Sollami-Covello, Mercer County Clerk; Elaine Flynn, Middlesex County Clerk; M. Claire French, Monmouth County Clerk; Joan Civil Action: Bramhall, Morris County Clerk; Scott M. Colabella, Ocean County Clerk; Kristin M. Corado, Passaic County Clerk; Gilda T. Gill, Salem County Clerk; Brett Radi, Somerset CERTIFICATION OF COSTS County Clerk; Jeff Parrot, Sussex County Clerk; Joan Rajoppi, Union County Clerk; and Patricia J. Kolb, Warren
County Clerk, Defendants, and

Robert Depasquale, Candidate for United States Senate; Stuart David Meissner, Candidate for United States Senate; Pablo Olivera, Candidate for United States Senate; Edward Stackhouse, Jr., Candidate for United States Senate; Antonio Nico Sabas, Candidate for United States Senate; and Corey Booker, Candidate for United States Senate,
Interested Parties.

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Eugene Martin LaVergne hereby certifies as follows:

1.

I am the plaintiff in the above matter and as such I am fully familiar with all facts

regarding this case. I make this certification in support of my application to the Court for reasonable costs of suit.

2.

I filed this action on Friday September 13, 2013 against New Jersey State and County

Election Officials in accordance with the New Jersey Declaratory Judgment Act seeking a declaration from the Court that the New Jersey State and County Election Officials had violated New Jersey Election Laws in the administration of the Special General Election for United States Senate, specifically N.J.S.A. 19:5-1, and seeking timely injunctive relief. Three weeks later, on both October 3, 2013 (and again on October 8, 2013 on the motion for reconsideration) the Court ruled in my favor and found that the State and County Election officials had violated New Jersey Election Laws in the administration of the Special General Election for United States Senate, specifically N.J.S.A. 19:5-1. The Court did not grant the requested injunctive relief to which I was entitled as it was claimed that there was not time. On October 8, 2013 the Court specifically ruled on the record that I had clearly and without question prevailed and that I am therefore entitled to submit a certification of costs to recover the costs of suit.

3.

Specific to the issue of the quantum of the costs of suit, on Monday September 16, 2013

the Court signed an Order to Show cause fixing a return date of October 3, 2013, and requiring that the voluminous papers be personally served upon each of the 24 listed party defendants (candidate Lonegan, the Governor and Lt. Governor and the 21 County Clerks) and the 6 interested parties (the other candidates for United States Senate). In the form of the Order to -2-

Show Cause submitted I had specifically requested that the Court Order and allow alternate modes of service by Court Order, by email, fax, regular mail, or personal service, as the Court is authorized to do in emergent circumstances. This request was made by me because I am well aware that the 21 County Sheriffs Offices do not and will not serve emergent papers in civil cases, and that it will take a minimum of at least 6 weeks for Sheriffs Service. Stated plainly, there is no Sheriffs service (or Sheriffs service rate) for emergent immediate service in civil cases, one must resort to private process servers, and on an expedited and emergent basis, which is difficult and very expensive. Therefore, in emergent civil matters, if the Court will not Order alternate service in the Order to Show Cause (such as service by email, fax, or regular mail in addition to actual personal service) as I had requested, I would then have no choice but to use private process servers in an emergent schedule to travel to all 21 Counties at great expense ($150.00 per attempt the exact same rate as last year in a similar case with identical defendants in Federal Court). Indeed, I could not serve the papers myself to try to save money because I am a party. Notwithstanding the request to be allowed to use alternate modes of service (to save time and money), the Court declined my request, and crossed out the portions of the Order to Show Cause that would have allowed use of alternate modes of service in my case (while curiously thereafter allowing mere notice in the collateral Attorney General Case regarding early recounting of the electronic voting machines). As such and in any event, I had to have each and every one of the 30 parties personally served with the voluminous papers within a time period of only 3 days, which expedited service cost $150.00 per party per attempt (as described below, there were 2 attempts in both Warren and Bergen Counties because both offices closed early). This is actually less than some private process server companies charge, and in some cases barely covers gas. I also had to have copies of all papers made for service, and thereafter as to all reply briefs, etc. (of which there were many) of the lengthy papers for each party. There were a total of 7,254 pages of copies made (as described below) costing -3-

$1,450.80 (at $0.20 per page), $260.00 in court filing fees paid (as described below), $304.00 for an emergent subpoena served upon Burlington County Clerk Tyler who initially was trying to deny service but when served with the subpoena suddenly relented, and travel costs of $190.00 (as outlined below) for a total of $6,789.80 in costs of suit, or a little over $225.00 in costs of suit incurred per each of the 30 defendants / interested parties in this case, which more than reasonable considering the time frame, the volume of papers, and the Courts requirement of actual service within three days. All costs of suit were incurred and were either paid or are still owed and must be paid by plaintiff, and all were reasonable and necessary under the circumstances and are therefore recoverable.

4.

The breakdown of costs of suit is as follows: Expedited Service of papers and notarized Affidavits of Service: $4,800.00 (30 defendants / interested parties at $150.00 per each, but 2 for Warren County and Bergen County Clerks, for 32 X $150.00 per = $4,800.00). Photo Copies: Filing Fees: Tyler Subpoena: $1,450.80 (7,254 pages at $0.20 per page) $260.00 ($200.00 filing fee, 2 $30.00 motion fees) $304.00 (two attempts at service at $150.00 each, $4.00 appearance fee paid). $190.00 (4 trips to Trenton (file OSC, file Affidavits of Service, OSC hearing, Reconsideration motion at $40.00 per) and 1 to Mt. Holly (for OPRA Request at $30.00 per)

Travel / Mileage:

TOTAL COSTS OF SUIT REASONABLY INCURRED: $6,744.80

I HEREBY CERTIFY THAT THE FOREGOING STATEMENT MADE BY ME ARE TRUE. I AM AWARE THAT IF ANY OF THE FOREGOING STATEMENTS MADE BY ME ARE WILFULLY FALSE I AM SUBJECT TO PUNISHMENT. -4-

Dated: October 10, 2013

_______________________________________ Eugene Martin LaVergne, Pro Se Democratic-Republican for United States Senate

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