Preview
Russell K. Ryan, #139835
1 MOTSCHIEDLER, MICHAELIDES, WISHON,
BREWER & RYAN, LLP
2 1690 West Shaw Avenue, Suite 200
Fresno, California 93711 E-FILED
3 Telephone (559) 439-4000 10/22/2020 4:18 PM
4 Facsimile (559) 439-5654 Superior Court of California
County of Fresno
5 Attorneys for Plaintiff By: K. Daves, Deputy
DAVID B. KA YE, M.D.
6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
COUNTY OF FRESNO
8
9
DAVID B. KAYE, M.D., Case No.: 17CECG04 I 83
10
Plaintiff, JOINT DECLARATION IN SUPPORT
11 OF STIPULATION TO CONTINUE
v. TRIAL, TRIAL READINESS
12 HEARING, AND MANDATORY
FRESNO SURGERY CENTER, a SETTLEMENT CONFERENCE
13
California Limited Partnership dba
14 FRESNO SURGICAL HOSPITAL, FSC Current Trial Date: February 1, 2021
HOSPITAL, LLC, a Delaware Limited
15 Liability Company dba FRESNO
SURGICAL HOSPITAL, and DOES 1
16 through I 00, inclusive,
17 Defendants.
18
19 Counsel for the parties Russell K. Ryan and Elizabeth D. Ammann,
20 declare:
21 1. I, Russell K. Ryan, am an attorney licensed to practice law in all
22 the courts of the State of California and am a partner in the law firm ofMotschiedler,
23 Michaelides, Wishon, Brewer & Ryan, LLP, counsel of record for Plaintiff in the above
24 entitled action.
25 2. I, Elizabeth D. Ammann, am also an attorney licensed to practice
26 law in all the courts of the State of California and am an associate with the law firm of
27 West, Borges & Rosa, LLP, counsel of record for Defendants in the above-entitled
28
.iHOTSCHTEDLER,
MICHA ELIDES,
"'!SHON, DRE\YER &
RYAN, LLP -1-
(00995/00 I0//599857.DOC} Joint Declaration in Support of Stipulation to Continue Trial, etc.
I action. We make the following declaration of our own personal knowledge and, if
2 called upon to testify, could and would competently testify thereto.
3 3. The trial of this action is currently set for February 1, 2021. There
4 has been one other request for continuance of the trial date in this action to date.
5 4. The parties have come to an agreement with respect to the
6 continuance of trial. This continuance is due to the following:
7 5. While the parties have continued to engage in written discovery,
8 due to the challenges presented by the COVID-19 pandemic, significant discovery still
9 remains to be completed including, without limitation, at least 6-8 depositions,
1O including those of Plaintiff and various personnel of Defendants Fresno Surgery Center
11 and FSC Hospital, LLC.
12 6. Consequently, the parties respectfully submit that good cause exists
13 for the continuance of trial.
14 7. The parties have selected a trial date which will allow them to take
15 depositions in the matter and complete discovery for trial.
16 8. Consequently, the parties respectfully submit that the abov'e
17 constitutes good cause for continuing the trial and request a continuance of the trial date
18 to August 2, 2021, or as soon thereafter as the calendar of the parties and the court
19 permits.
20 We declare under penalty of perjury under the laws of the State of
21 California that the foregoing is true and correct.
22 Dated: October 21, 2020 MOTSCHIEDLER, MICHAELIDES,
WISHON, BREWER & RYAN, LLP
23
24
25
26
27
28
MOTSClllEDLER,
MICHAELIDES,
\\'ISHON, DREWER&
RYAN,LLP -2-
{00995/00 I 0//599857.DOC) Joint Declaration in Suppo1t of Stipulation to Continue Trial, etc.
1 Dated: October 22, 2020 WEST, BORGES & ROSA, LLP
2
By:~
3
4
Fredfi M.BOfieS
5 Stephen A. Rosa
Elizabeth D. Ammann, Attorneys for
6 Defendants Fresno Surgery Center, LP
7 dba Fresno Surgical Hospital and FSC
Hospital, LLC
8
9
IO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MOTSCRIEDLER,
MICHA ELIDES,
WISHON, BREWER &
RYAN, LLP -3-
{0099 5100 l 0//599857.DOC} Joint Declaration in Support of Stipulation to Continue Trial, etc.
Preview
Russell K. Ryan, #139835 1 MOTSCHIEDLER, MICHAELIDES, WISHON, BREWER & RYAN, LLP 2 1690 West Shaw Avenue, Suite 200 Fresno, California 93711 E-FILED 3 Telephone (559) 439-4000 10/22/2020 4:18 PM 4 Facsimile (559) 439-5654 Superior Court of California County of Fresno 5 Attorneys for Plaintiff By: K. Daves, Deputy DAVID B. KA YE, M.D. 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF FRESNO 8 9 DAVID B. KAYE, M.D., Case No.: 17CECG04 I 83 10 Plaintiff, JOINT DECLARATION IN SUPPORT 11 OF STIPULATION TO CONTINUE v. TRIAL, TRIAL READINESS 12 HEARING, AND MANDATORY FRESNO SURGERY CENTER, a SETTLEMENT CONFERENCE 13 California Limited Partnership dba 14 FRESNO SURGICAL HOSPITAL, FSC Current Trial Date: February 1, 2021 HOSPITAL, LLC, a Delaware Limited 15 Liability Company dba FRESNO SURGICAL HOSPITAL, and DOES 1 16 through I 00, inclusive, 17 Defendants. 18 19 Counsel for the parties Russell K. Ryan and Elizabeth D. Ammann, 20 declare: 21 1. I, Russell K. Ryan, am an attorney licensed to practice law in all 22 the courts of the State of California and am a partner in the law firm ofMotschiedler, 23 Michaelides, Wishon, Brewer & Ryan, LLP, counsel of record for Plaintiff in the above 24 entitled action. 25 2. I, Elizabeth D. Ammann, am also an attorney licensed to practice 26 law in all the courts of the State of California and am an associate with the law firm of 27 West, Borges & Rosa, LLP, counsel of record for Defendants in the above-entitled 28 .iHOTSCHTEDLER, MICHA ELIDES, "'!SHON, DRE\YER & RYAN, LLP -1- (00995/00 I0//599857.DOC} Joint Declaration in Support of Stipulation to Continue Trial, etc. I action. We make the following declaration of our own personal knowledge and, if 2 called upon to testify, could and would competently testify thereto. 3 3. The trial of this action is currently set for February 1, 2021. There 4 has been one other request for continuance of the trial date in this action to date. 5 4. The parties have come to an agreement with respect to the 6 continuance of trial. This continuance is due to the following: 7 5. While the parties have continued to engage in written discovery, 8 due to the challenges presented by the COVID-19 pandemic, significant discovery still 9 remains to be completed including, without limitation, at least 6-8 depositions, 1O including those of Plaintiff and various personnel of Defendants Fresno Surgery Center 11 and FSC Hospital, LLC. 12 6. Consequently, the parties respectfully submit that good cause exists 13 for the continuance of trial. 14 7. The parties have selected a trial date which will allow them to take 15 depositions in the matter and complete discovery for trial. 16 8. Consequently, the parties respectfully submit that the abov'e 17 constitutes good cause for continuing the trial and request a continuance of the trial date 18 to August 2, 2021, or as soon thereafter as the calendar of the parties and the court 19 permits. 20 We declare under penalty of perjury under the laws of the State of 21 California that the foregoing is true and correct. 22 Dated: October 21, 2020 MOTSCHIEDLER, MICHAELIDES, WISHON, BREWER & RYAN, LLP 23 24 25 26 27 28 MOTSClllEDLER, MICHAELIDES, \\'ISHON, DREWER& RYAN,LLP -2- {00995/00 I 0//599857.DOC) Joint Declaration in Suppo1t of Stipulation to Continue Trial, etc. 1 Dated: October 22, 2020 WEST, BORGES & ROSA, LLP 2 By:~ 3 4 Fredfi M.BOfieS 5 Stephen A. Rosa Elizabeth D. Ammann, Attorneys for 6 Defendants Fresno Surgery Center, LP 7 dba Fresno Surgical Hospital and FSC Hospital, LLC 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MOTSCRIEDLER, MICHA ELIDES, WISHON, BREWER & RYAN, LLP -3- {0099 5100 l 0//599857.DOC} Joint Declaration in Support of Stipulation to Continue Trial, etc.