Motion-Secondary: McCoy vs. Ambature LLC

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                                KEVIN     %'. ALEXANDER           (SBN:     175204)
                           RICHARD       R. SPIRRA       (SBN:    106361)
                           GORDON        4 REES LLP
                           101 W. Broadway        Suite 2000
                           San  Diego,   CA   92101
                           Telephone:     (619) 696-6700
                           Facsimile:    (619) 696-7124
                           Attorneys   for Defendants
                           Ambature,    Inc.; Douglas    Gilbert;
                           and  Joseph   W. Beyers



                                                             SUPERIOR       COURT      OF   CALIFORNIA

                                                 COUNTY       OF SAN     DIEGO, NORTH          COUNTY       DIVISION
                     10    WALLACE        W. MCCOY,        individually          )  CASE NO.       37-2014-00014568-CU-NP-NC
                           and  as  TRUSTEE OF THE           WALLACE             )
                     11    W. MCCOY        TRUST,     AND    CONNIE                 MEMORANDUM               OF POINTS       AND
                           MCCOY,
                                                                                 )
                                                                                 )  AUTHORITIES            IN  SUPPORT       OF
           C0
           C0        12                                                             MOTION        OF DEFENDANTS
           C0
                           Plaintiffs,                                           )  AMBATURK,
              O                                                                                        INC., DOUGLAS
                     13                                                          )  GILBERT, AND          JOSEPH       BKYKRS TO
         4k
                           vs.                                                      CONTINUE         TRIAL
         4k
        gg  eeQ      14
               O          AMBATURE,         LLC, a Delaware       Limited           [IMAGED       FILEj
                    15    Liability  Company;     DOUGLAS        JAMES           )
                          GILBERT aka       DOUG      GILBERT; JOE               )  Date:   August    21, 2015
        Okra        16    BYERS; NEAL         MODY;      and  DOES     1        )  Time:     8:30 a.m.
                          through   50, inclusive,                              )  Dept:    N-28
                    17                                                             Judge:   Hon.   Earl  H. Maas,   III
                                                                                )
                          Defendants.
                    18                                                          )
                                                                                   Complaint     Filed:  May    8, 2014
                                                                                    Trial  Date:   October   16, 2015
                    19

                    20    I.       Introduction
                    21             Defendants    Doug    Gilbert,  Joe Beyers    and  Ambature,    Inc. have   filed a motion   to  compel
                    22    plaintiff Wallace    McCoy     to answer   deposition   questions   that he  refused   to answer,   and  to search
                    23    for and  produce    documents    that  he was   requested   to produce   at his deposition.    The  hearing   date
                          for that motion    is August   21, 2015, i.e., less  than  60 days   before  trial. If that motion   is granted,
                   25     defendants    anticipate  that  the document     production   and  follow-up    deposition   requested   by
                   26     defendants    will not  be completed     until at least October    1, i.e. only two  weeks   before   trial,and

                   27     defendants    would   need  additional   time  to prepare   to use  the newly   produced    documents     and  any
                          additional   deposition   testimony    at trialand  in in limine   motions,   trialbriefs  and  exhibit  lists.
                                                                                   -1-
                            MEMORANDUM         OF POINTS     AND   AUTHORITIES      ISO MOTION     OF DEFENDANTS        AMBATURE,       INC.,
                                               DOIJC~I.AS C~TI.RFRT    AM&   TA